[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1461 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1461
To direct the Secretary of Agriculture and the Administrator of the
National Oceanic and Atmospheric Administration to carry out a study on
coastal seaweed farming, issue regulation relating to such farming, and
establish an Indigenous seaweed farming fund, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2023
Mr. Huffman (for himself and Mrs. Peltola) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, and Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture and the Administrator of the
National Oceanic and Atmospheric Administration to carry out a study on
coastal seaweed farming, issue regulation relating to such farming, and
establish an Indigenous seaweed farming fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Seaweed Farm Act of 2023''.
SEC. 2. PROGRAM ON COASTAL SEAWEED FARMING.
(a) Preliminary Study on Coastal Seaweed Farming.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretaries shall jointly submit
a preliminary report to Congress and publish such report on
such Secretaries' agency websites analyzing--
(A) the effects of coastal seaweed farming on
surrounding communities, the ecosystem, and marine and
coastal wildlife;
(B) best practices for cultivating and sourcing
local seeds to propagate for coastal seaweed farming;
(C) best practices to prevent the escape or spread
of any organism that would alter the natural ecosystem
or present a biofouling risk;
(D) best practices relating to species selection,
harvesting cycles, spatial planning and siting,
engineering and design, and environmental aspects of
coastal seaweed farming that--
(i) maximize benefits, and avoid adverse
effects, on the marine ecosystem and marine and
coastal wildlife;
(ii) lead to optimal yields;
(iii) account for the impact climate change
may have on natural habitats and coastal
seaweed farming operations;
(iv) minimize entanglements and other
harmful interactions between marine life and
nearshore seaweed farming infrastructure and
gear;
(v) account for changes in migration
patterns of marine mammals and highly migratory
species (as defined in section 3 of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802)); and
(vi) account for and avoid interference
with competing uses, including vessel traffic
and commercial and recreational fishing;
(E) the potential for growing seaweed for long-term
carbon sequestration and best practices for
measurement, reporting, and verification approaches for
growing seaweed for long-term carbon sequestration
specific to the sequestration reservoir;
(F) the effects of co-cultivation of bivalves with
seaweed on the ecosystem, ocean acidification, and
hypoxia levels;
(G) the effects of coastal seaweed farming on water
quality;
(H) best practices for limiting the use of plastic
in coastal seaweed farming gear;
(I) the history and use of Indigenous and
traditional seaweed farming practices;
(J) best practices for sustainable harvest and
post-harvest processing of coastal seaweed farming
products, including methods of reducing energy costs;
(K) scalable commercial applications for value-
added seaweed or products derived from seaweed,
including as feedstock for animals and other
agricultural, commercial, and industrial applications;
(L) processes for processing, storage, and
transportation of seaweed that are cost-effective,
reduce carbon emissions from transportation, and
efficient;
(M) assessment of existing and potential markets
and market capacity for major cultivated seaweed
species;
(N) development of baseline economic analyses and
business planning models for major cultivated seaweed
species;
(O) the effects of water quality on the quality of
cultivated seaweed for human consumption, including the
absorption of toxic heavy metals and persistent organic
pollutants;
(P) best practices for onshore farming issues that
reduce energy requirements to pump water and include
management of effluent, spatial planning and address
conflicting uses of the onshore coastal zone; and
(Q) best practices in efficient and effective
Federal and State regulatory systems for coastal
seaweed farming.
(2) Consultation.--In preparing the report under paragraph
(1), the Secretaries shall consult with--
(A) the Interagency Working Group on Indigenous
Traditional Ecological Knowledge, with respect to--
(i) kelp, seaweed, and shellfish
cultivation;
(ii) the use of Tribal waters for coastal
seaweed farming;
(iii) the impact and benefits of coastal
seaweed farming on Tribal waters; and
(iv) best practices for engaging with
Tribes on matters relating to coastal seaweed
farming;
(B) coastal or historically coastal federally
recognized Tribes, State recognized Tribes, and Inter-
Tribal organizations;
(C) the Interagency Working Group on Research for
Farming of Seaweeds and Seagrasses;
(D) the Interagency Working Group on Ocean
Acidification;
(E) National Science and Technology Council's Joint
Subcommittee on Aquaculture; and
(F) such other Federal, State, Tribal, and local
government agencies as the Secretary determines
appropriate.
(3) Update.--The Secretaries shall, not later than 2 years
after the date on which the report required under paragraph (1)
is submitted, submit an updated report to Congress based on
pertinent information derived from Federal research programs,
the grant program established under subsection (c), and other
sources of information.
(4) Report on regulation of seaweed food safety.--The
Commissioner of Food and Drugs shall, not later than 180 days
after the date of the enactment of this Act and in consultation
with such State agencies as the Commissioner determines
appropriate, submit a report to Congress making regulatory and
legislative recommendations to improve Federal regulation of
seaweed for human consumption, focusing on standards and
testing methods to identify, address, and prevent contamination
by bacteria, heavy metals, and pathogens.
(b) Regulations.--The Secretaries shall, not later than 1 year
after the publication of the study required by subsection (a), issue
such regulations as the Secretaries determine appropriate to--
(1) ensure that design, development, siting, species
selection, operation, and production systems of coastal seaweed
farming maximize potential benefits, and avoid potential
adverse effects, on the marine ecosystem, wildlife, and
fisheries and surrounding communities; and
(2) establish evaluation metrics to measure the impact and
benefits of coastal seaweed farming on--
(A) the marine ecosystem, including marine
wildlife, biodiversity, productivity, water quality,
and stored carbon; and
(B) surrounding communities, including relating to
the equitable distribution of costs and benefits
(economic and environmental) within such communities;
and
(3) require monitoring and reporting relating to--
(A) any adverse effects on the marine ecosystem and
wildlife, including entanglements of marine life; and
(B) any effects on commercial and recreational
fishing.
(c) Indigenous Seaweed Farming Fund.--
(1) Establishment.--The Secretaries shall, not later than 1
year after the date of the enactment of this Act, jointly
establish the Indigenous Seaweed Farming Fund to provide grants
to eligible entities for the purpose of supporting coastal
seaweed farming, including--
(A) obtaining, planting, growing, and maintaining a
coastal seaweed farm;
(B) purchasing equipment for coastal seaweed farm
operations;
(C) transportation, processing, and storage of
coastal seaweed farm products;
(D) funding for development and use of models and
measurements to identify and mitigate adverse impacts
of coastal seaweed farming, including monitoring and
signal buoys; and
(E) to operate a coastal seaweed farm that performs
restorative ecological functions, including providing
essential habitat to native species.
(2) Outreach.--The Secretaries shall--
(A) conduct outreach and use existing programs and
initiatives to make eligible entities aware of the
Indigenous Seaweed Farming Fund;
(B) solicit comments and recommendations relating
to each stage of the operation of the grant program
established under subsection (a);
(C) solicit scientific input from eligible
entities, including through public meetings noticed in
advance and in such languages as are appropriate for
the community; and
(D) prepare, publish, and distribute to
institutions of higher learning, including vocational
schools training materials for individuals engaged in
coastal seaweed farming and individuals seeking
employment relating to such farming, including
Indigenous youth.
(3) Prohibition on use of funds.--No funds provided under
this subsection may be used for any purpose that the Secretary
of Commerce or the head of a State or Tribal fishery management
agency determines will have an adverse affect on commercial
fisheries.
(4) Limitation on size of farms.--The Secretaries shall, by
regulation, determine a maximum size for coastal seaweed
farming operations that may receive funding under this
subsection.
(5) Technical assistance.--The Secretaries shall, at the
request of an applicant or grantee, provide technical
assistance to such applicant or grantee to further the purposes
of this subsection.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Seaweed.--The term ``seaweed'' means macroscopic
multicellular marine algae species.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a federally recognized Tribe, Native Village,
or Tribal reservation;
(B) a State recognized Tribe (as such term is
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996);
(C) a Native person of--
(i) Hawaii;
(ii) a Pacific Island;
(iii) Puerto Rico; or
(iv) the United States Virgin Islands;
(D) a member of an entity described in
subparagraphs (A) or (B); or
(E) any entity owned entirely by an entity
described in subparagraphs (A) through (C).
(4) Federally recognized tribe.--The term ``federally
recognized Tribe'' has the meaning given to the term ``Indian
Tribe'' in section 4 of the Indian Self-Determination and
Education Assistance 18 Act (25 U.S.C. 5304).
(5) Coastal seaweed farming.--The term ``coastal seaweed
farming'' means the onshore or nearshore propagation and
harvesting of seaweed and seaweed products within the coastal
zone (as such term is defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453)) that--
(A) does not use--
(i) synthetic pesticides (as the term
``pesticide'' is defined in section 2 of the
Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136)); and
(ii) plastics, unless a suitable
replacement does not exist; and
(B) does not produce fin fish for commercial
purposes.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere.
(e) Authorization of Appropriations.--There is authorized to be
appropriated--
(1) $3,000,000 for each of fiscal years 2023 through 2027
to carry out subsections (a) and (b); and
(2) $20,000,000 for each of fiscal years 2023 through 2027
to carry out subsections (c), (d), and (e).
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