Up-coming opportunities:

CZM non-competitive “capacity” funding for BIL years 3, 4, & 5 (totaling $900K, or $300K/yr, per CZM Program) request for applications is coming soon! Deadline for submission is still be figured out, but per Joelle’s email from last week, likely Due in draft to NOAA on Tuesday July 2, 2024, and due in Grants.gov on Friday July 26, 2024.

CZM competitive BIL Year 3 NOFO will be released in June, with a (likely) Aug 15 LOI deadline.

On-going opportunities:

All information available at https://www.coastalstates.org/members-only/cso-work-groups/2023-funding-work-group/

This funding opportunity is a NOFO for the Environmental and Climate Justice Community Change Grant Programs from the EPA. The grant program offers $2 billion to benefit disadvantaged communities through “projects that reduce pollution, increase community climate resilience, and build community capacity to address environmental and climate justice challenges.” States are not directly eligible, but any underserved community-based non-profit organizations (CBOs) and/or community is likely eligible. EPA is specifically interested in funding Territories! It's a rolling application for a year (closing on Thursday November 21, 2024) and allows for the potential resubmission of initially unsuccessful applications.

More detailed info about the grant program here: https://www.epa.gov/inflation-reduction-act/inflation-reduction-act-community-change-grants-program.

See here for the April regulatory update. More information on rulemaking developments is available on the Regulatory Resources page.

[NEW] NEPA Phase 2 Final Rule Issued

On May 1, 2024, the Council on Environmental Quality issued a “Phase 2” final rule revising its procedural implementation regulations under the National Environmental Policy Act. Following on a “Phase 1” final rule issued in 2022, this new rule implements Fiscal Responsibility Act amendments and codifies climate, equity, and engagement priorities. Key changes include requiring agencies to balance short- and long-term beneficial and harmful effects, assess disproportionate impacts and climate change, and identify an environmentally preferable alternative. The final rule excludes a proposed provision to allow agencies to modify NEPA requirements for “innovative approaches” to address “extreme environmental challenges.” CEQ’s NEPA regulations provide a floor; agencies must promulgate NEPA procedures at least as rigorous as the CEQ baseline. CSO commented on the July 2023 proposed rule. The final rule is effective Monday July 1, 2024.

[NEW] BOEM Renewable Energy Modernization Rule Issued

On April 24, 2024, BOEM announced that it has finalized the Renewable Energy Modernization Rule for offshore wind leasing and planning. The final rule makes changes to the Construction and Operation Plan (COP) review process supported by states, including beginning the CZMA federal consistency review process at the time the draft Environmental Impact Statement is issued. The rule also adopts a provision to allow submission of the results of in situ boring and sampling at each foundation location later in the review process, in lieu of requiring that information to be included in the COP. CSO commented on the January 2023 proposed rule. The final rule will be effective 60 days after publication in the Federal Register.

[NEW] OMB Federal Financial Assistance Final Rule Issued

On April 22, 2024, the Office of Management and Budget issued a final rule promulgating new OMB Guidance for Federal Financial Assistance, replacing the OMB Guidance for Grants and Agreements at title 2 of the Code of Federal Regulations. The Guidance sets out standards, thresholds, and procedures for federal funding programs, including NOAA Coastal Management Grants. Key changes include increasing the de minimis indirect cost rate, single audit threshold, equipment threshold value, and supplies threshold value, as well as providing greater flexibility in selection and oversight of subrecipients and adjusting pre-approval requirements for certain post-award expenses. CSO commented on the October 2023 proposed rule. The final guidance is effective Tuesday October 1, 2024, although agencies optionally may implement the guidance as early as Friday June 21, 2024.

[NEW] Energy Department CITAP Transmission Rule Issued

On May 1, 2024, the Energy Department issued a final rule establishing a new Coordinated Interagency Transmission Authorizations and Permits (CITAP) Program, setting out a single administrative record and binding federal permit review timeline for high voltage transmission projects which voluntarily participate in a revised Integrated Interagency Preapplication (IIP) Process. The new regulations apply to non-marine interstate transmission projects carrying greater than 230kV which require a NEPA Environmental Impact Statement. The regulations set out a Standard Schedule template (draft available here) including three “anchor meetings” and requires a proponent to develop a stakeholder engagement strategy and 13 resource reports identifying environmental, economic, and cultural impacts. Proponents of offshore grid projects (not generation export cables) can also request to use the accelerated process. The new rule is effective Friday May 31, 2024.

[NEW] EPA Tribal Reserved Rights WQS Rule Issued

On May 2, 2024, EPA issued a final rule to add requirements for states establishing water quality standards (WQS) in waters where Tribes hold and assert rights to CWA-protected aquatic and aquatic-dependent resources reserved through treaties, statutes, or executive orders. The revised regulations for state submission and EPA review of of new or

revised WQS require states to consider the use, future use, and value of waters under Tribal reserved rights and to establish water quality criteria to protect the Tribal reserved right in certain cases. The final rule is effective Saturday June 1, 2024.

[NEW] SCOTUS Rules on Takings Test for Legislative Permit Conditions

On April 12, 2024, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed permit conditions such as impact fees must satisfy the “essential nexus” and “rough proportionality” tests set out in Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). The opinion clarifies that the “Nollan/Dolan” standard applies regardless of whether permit conditions are imposed on an individual and discretionary basis or uniformly through legislative action, but does not set out how individualized or specific the government’s determination must be.

FFRMS Mapping Tool Beta Version Released - Deadline May 28

On Apr. 11, 2024, the National Climate Task Force released a beta version for a new Federal Flood Standard Support Tool for public review and feedback. The tool is intended to automate the determination of whether the Federal Flood Risk Management Standard applies to a project based on whether a user-defined project area falls within a zone of modelled future flood risk (called the FFRMS Floodplain in the tool) according to either the Freeboard Value Approach or, for coastal areas, the Climate Informed Science Approach. Data are available for a small number of counties nationally; FEMA expects to provide data for all areas with existing digital Flood Insurance Rate Maps during summer 2024. CSO will coordinate through the Coastal Hazards Planning and Adaptation work group to develop feedback. CHPA members should submit feedback to Marisa Borreggine by Wednesday May 22, 2024. Comments may be submitted via Regulations.gov through Tuesday May 28, 2024.

[NEW] USACE Releases Memorandum on Nature-Based Solutions

On Monday, Mr. Michael Connor, Secretary of the Army for Civil Works, released a memorandum titled "The Incorporation of Nature-Based Solutions (NBS) in Civil Works Projects." He highlighted the multi-faceted value of NBS within Corps efforts, ranging from structural to ecological, while also setting a path forward for greater utilization amid climate change risks. He underscored the need for enhanced understanding of NBS implementation challenges in order to chart solutions that will accelerate application. Mr. Connor stresses that NBS must be incorporated into and considered for civil works projects in order to build resilient, long-lasting infrastructure. To further underscore the Corp's commitment to this effort, Mr. Connor set a 45-day deadline to a Corps briefing regarding how civil works projects can further NBS. CSO's 34 state and territory coastal zone management programs partner with the Army Corps of Engineers to lead and develop coastal adaptation and resilience strategies. Their efforts to maintain and bolster coastal infrastructure and connectivity amid compounding climate change effects demands that the partnership implement nature-based features to enhance long-lasting resilience. CSO is pleased that the memorandum anchors USACE's commitment to nature-based features, which are critical to national coastal vitality. Read more here.

[NEW] Call for Authors & Input Open for Sixth National Climate Assessment

On May 2, 2024, NOAA and the U.S. Global Change Research Program released a draft prospectus for the Sixth National Climate Assessment and requested technical input, authors, and contributors. Comments, nominations, and technical inputs from the public will be accepted electronically via the USGCRP Public Contribution System by Friday June 7, 2024. Lead authors will be selected in summer 2024 and the public comment process for draft chapters will begin in Fall 2026 toward final publication in late 2027. The most recent assessment, NCA5, was issued in November 2023.

[NEW] BOEM Issues Five-Year Offshore Wind Leasing Schedule

On April 24, 2024, BOEM announced a new five-year offshore wind leasing schedule, which includes up to 12 potential offshore wind energy lease sales through 2028. The leasing schedule includes four potential offshore lease sales in 2024, one each in 2025 and 2026, two in 2027, and four in 2028 across the Atlantic, Gulf of Mexico, Pacific, and the waters offshore of the U.S. territories.

White House Releases Wetland and Water Protection Resource Guide

The White House Council on Environmental Quality released a Wetland and Water Protection Resource Guide for Tribes, States, Territories, local governments, private land owners, and non-governmental organizations to advance water resource protection. The Resource Guide highlights technical assistance and funding opportunities available across the federal government.