Establishment of program for advancing marine carbon dioxide removal

(a) In general The Secretary, through the National Oceanic and Atmospheric Administration and in consultation with the interagency working group, shall establish, not later than 90 days after the date of the enactment of this Act, and maintain a Program to support and conduct activities to advance science and integrate traditional ecological knowledge (to the maximum extent practicable), and understanding of marine carbon dioxide removal consistent with the objectives and focal areas described in subsection (b). (b) Objectives and focal areas (1) Objectives In carrying out the Program, the Secretary shall seek to— (A) generate, through research, development, and field trials, the necessary knowledge, theoretical basis, and empirical evidence to evaluate— (i) the efficacy of marine carbon dioxide removal, including measurability, durability, magnitude, and additionality; (ii) environmental and ecosystem responses to marine carbon dioxide removal; and (iii) the social, cultural, and economic impacts, including on public health and safety, of marine carbon dioxide removal to affected coastal communities; and (B) apply the knowledge described in subparagraph (A) to— (i) develop best practices for how marine carbon dioxide removal efficacy is measured, monitored, reported, and verified; (ii) establish a methodology for defining actionable thresholds of environmental and ecosystem impacts for the utilization of marine carbon dioxide removal technologies; (iii) evaluate and recommend marine carbon dioxide removal approaches that could be safe and effective for larger-scale utilization for climate mitigation, considering potential positive and negative climate, environmental, and social outcomes; (iv) evaluate the sustainability of marine carbon dioxide removal approaches, including resource requirements, life-cycle efficiency, and carbon storage capability sufficient to demonstrate net carbon removal on a carbon dioxide equivalent basis, scalability, and potential for cost reductions; (v) analyze viable commercialization pathways and requisite enabling conditions for safe and effective marine carbon dioxide removal; and (vi) as necessary or appropriate, support the implementation of this Act. (2) Focal areas In carrying out the Program, the Secretary shall support and conduct activities to advance the science and understanding of— (A) ocean alkalinity enhancement; (B) electrochemical engineering approaches; (C) macroalgae cultivation; (D) nutrient fertilization; (E) artificial upwelling and downwelling; (F) carbon storage properties of both natural and manipulated coastal and estuarine ecosystems for the purposes of ecologically based marine carbon dioxide removal; and (G) other marine carbon dioxide removal approaches as the Secretary considers appropriate. (c) Grants (1) In general In carrying out the Program, the Secretary shall award grants, on a competitive basis, to fund research in accordance with the objectives described in subsection (b)(1) and the Federal research plan described in section 104. (2) Code of conduct The Secretary shall require grantees under this subsection conducting activities in the field to abide by the code of conduct established under section 104. (3) Funding for engagement and consultation The Secretary shall award not less than $10,000 in grant funding to support engagement and consultation activities, including— (A) consultation or engagement, as appropriate, with Indian Tribes and Native Hawaiian organizations; and (B) engagement with affected coastal communities. (d) Additional authority The Secretary may enter into contracts, public-private partnerships, cooperative agreements, or other financial agreements in furtherance of this Act. (e) Data management (1) Strategies The Secretary, in cooperation with such partners as the Secretary considers relevant, including Indian Tribes and Native Hawaiian organizations, shall develop and implement data management strategies to ensure all non-proprietary data collected pursuant to this Act are— (A) properly stewarded for the long-term; and (B) findable, accessible, interoperable, and reusable. (2) Implementation; preservation and curation The Secretary shall— (A) ensure management of data collected under this Act is implemented in accordance with— (i) chapter 35 of title 44, United States Code; and (ii) the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529) and the amendments made by that Act; and (B) preserve and curate such data in accordance with chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950), in order to maximize use of such data. (3) Tribal control (A) In general Nothing in this section shall be construed to— (i) require any Indian Tribe, Tribal organization, or Native Hawaiian organization to share or publish data; or (ii) affect an Indian Tribe’s authority to determine how its data is collected, used, stored, or shared. (B) Required consent Information submitted by, or obtained from, an Indian Tribe, Tribal organization, or Native Hawaiian organization pursuant to this section, shall not be published without the consent of such Indian Tribe, Tribal organization, or Native Hawaiian organization. (C) Freedom of information Act Records, methodologies, or other information or data submitted by an Indian Tribe, Tribal organization, or Native Hawaiian organization, shall be exempt from disclosure under subsection (b)(3)(B) of section 552 of title 5, United States Code, unless otherwise waived or consented to by the Indian Tribe, Tribal organization, or Native Hawaiian organization. (f) International coordination In carrying out this section, the Secretary shall coordinate with the Secretary of State and appropriate international entities.