[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5944 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5944
To require the Administrator of the National Oceanic and Atmospheric
Administration to establish an assessment program for offshore
aquaculture, to establish Aquaculture Centers of Excellence, to require
a study and report, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2023
Ms. Mace (for herself, Mr. Panetta, and Ms. Pingree) introduced the
following bill
October 25, 2023
Referred to the Committee on Natural Resources, and in addition to the
Committee on Education and Workforce, 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 require the Administrator of the National Oceanic and Atmospheric
Administration to establish an assessment program for offshore
aquaculture, to establish Aquaculture Centers of Excellence, to require
a study and report, 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 ``Science-based Equitable Aquaculture
Food Act'' or the ``SEAfood Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanographic and Atmospheric
Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(D) the Committee on Natural Resources of the House
of Representatives;
(E) the Committee on Agriculture of the House of
Representatives; and
(F) the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) Community with environmental justice concerns.--The
term ``community with environmental justice concerns'' means a
community with significant representation of any of the
following:
(A) Individuals who reside in a census block group
in which 30 percent or more of the population are
individuals with an annual household income that does
not exceed the greater of--
(i) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Secretary of Housing and Urban Development; or
(ii) 200 percent of the Federal poverty
line.
(B) Individuals who reside in a geographically
distinct area in which the population of any of the
following categories of individuals is higher than the
average population of that category for the State in
which the community is located:
(i) Black.
(ii) African American.
(iii) Asian.
(iv) Pacific Islander.
(v) Other non-White race.
(vi) Hispanic.
(vii) Latino.
(viii) Linguistically isolated.
(C) Members of a Tribal or Indigenous community.
(4) Council coordination committee.--The term ``Council
Coordination Committee'' means the committee established under
section 302(l) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(l)).
(5) Covered institution.--The term ``covered institution''
means--
(A) a minority-serving institution;
(B) a historically Black college or university; or
(C) a Tribal College or University.
(6) Escape.--The term ``escape'' means the escape of
juvenile- or adult-farmed organisms, viable gametes, or
fertilized eggs spawned by farmed organisms from offshore
aquaculture facilities.
(7) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(8) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(11) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in paragraph (2), (4), (5), (6), or (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(12) Offshore aquaculture.--The term ``offshore
aquaculture'' means aquaculture conducted in the exclusive
economic zone.
(13) Specially affected adjacent coastal jurisdiction.--The
term ``specially affected adjacent coastal jurisdiction''
means, with respect to any activity proposed, conducted, or
approved by the Administrator under section 4, any coastal
State land or coastal Tribal land--
(A) that is adjacent to, or the waters of which are
adjacent to, the Federal waters in which such activity
is conducted;
(B) that is used, or is scheduled to be used, as a
support base for such activity; and
(C) for which there is a reasonable probability of
significant effect on uses of land or water from such
activity.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(15) Tribal college or university.--The term ``Tribal
College or University'' means an institution described in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)) that is chartered by the governing body of the
applicable Indian Tribe or by the Federal Government.
(16) Tribal land.--The term ``Tribal land'' means land that
is subject to the jurisdiction of an Indian Tribe.
(17) Tribal or indigenous community.--The term ``Tribal or
Indigenous community'' means a population of people who are--
(A) enrolled members of an Indian Tribe;
(B) members of an Alaska Native or Native Hawaiian
community or organization; or
(C) members of any other community of Indigenous
people located in a State.
(18) Underserved communities.--
(A) In general.--The term ``underserved
communities'' means--
(i) women; and
(ii) individuals belonging to communities
that have been denied consistent and systematic
fair, just, and impartial treatment and have
been systematically denied a full opportunity
to participate in all aspects of economic,
social, and civic life, including--
(I) Black, Latino, Indigenous, and
Native American individuals;
(II) Asian Americans and Pacific
Islanders; and
(III) other persons of color.
(B) Inclusions.--In the context of the offshore
aquaculture industry, the term ``underserved
communities'', within fishing communities, may
include--
(i) subsistence fishery participants and
their dependents;
(ii) fishing vessel crews;
(iii) fish processor and distribution
workers; and
(iv) territorial fishing communities,
including such communities in American Samoa,
Guam, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and the United States
Virgin Islands.
(19) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 3. STUDY ON OFFSHORE AQUACULTURE BY OCEAN STUDIES BOARD OF THE
NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE.
(a) Study.--The Administrator shall seek to enter into a contract
with the Ocean Studies Board of the National Academies of Sciences,
Engineering, and Medicine (in this section referred to as the
``Board'') under which the Board shall, not later than 30 months after
the date of the enactment of this Act--
(1) complete a study--
(A) to determine whether the Board recommends the
pursuit of offshore aquaculture; and
(B) if the Board recommends the pursuit of offshore
aquaculture, to develop the scientific basis for
efficient and effective regulation of offshore
aquaculture; and
(2) submit to Congress and make publicly available the
results of the study.
(b) Elements.--The study completed pursuant to subsection (a)
shall, with respect to offshore aquaculture--
(1) identify--
(A) optimal methods of operation of offshore
aquaculture facilities to limit adverse effects on the
environment, wildlife, and human well-being,
including--
(i) considerations to guide siting
decisions of such facilities;
(ii) appropriate stocking densities; and
(iii) opportunities for selective breeding;
(B) a science-based definition of ``responsible
offshore aquaculture feed or other inputs'', including
guidance on sourcing feed or other inputs to address
long- or short-term concerns, including the
availability and scalability of such inputs;
(C) potential adverse effects on the environment,
wildlife, and human well-being, including from--
(i) the use of antibiotics and other
pharmaceuticals by offshore aquaculture
facilities, including through analyses
necessary to establish acceptable rates, impact
levels, and risk thresholds, such as analyses
of organism antibiotic consumption or
metabolization versus excretion to the
surrounding environment;
(ii) assimilation of pollution originating
from such facilities on marine organisms;
(iii) the risk posed by misplaced or
damaged equipment;
(iv) the risk of harmful interactions with
wildlife;
(v) interbreeding and the spread of
disease;
(vi) the source and environmental impacts
associated with the collection and removal of
brood stock for offshore aquaculture operations
and impacts of hatcheries and prestocking
rearing operations that are specific to
offshore aquaculture;
(vii) large-scale cultivation of filter-
feed bivalve organisms and seaweed on the
marine food webs;
(viii) offshore aquaculture facilities
acting as aggregating devices and increasing
the vulnerability of wild fisheries and
wildlife populations to fishing or other
sources of mortality;
(ix) predator control devices and methods;
and
(x) the use of nonsustainable sources of
feed or other inputs, including the use of
globally limited marine resources for feed
ingredients, environmental impacts, and
scalability of alternatives, including--
(I) novel ingredients (for example,
insect, single cell protein, and
algae);
(II) traditional ingredients (for
example, soya); and
(III) other inputs;
(D) potential methods and technologies to mitigate
adverse effects, including the effects identified under
subparagraph (C);
(E) potential conflicts and solutions to mitigate
such conflicts between offshore aquaculture facilities
and other users of the offshore environment;
(F) the types of data and qualitative information
necessary for the optimal operation of such facilities
and appropriate methods of procuring such data and
information, including from--
(i) citizen science (as defined in section
402(c) of the Crowdsourcing and Citizen Science
Act (15 U.S.C. 3724(c))); and
(ii) the traditional offshore aquaculture
knowledge of Tribal and Indigenous communities;
and
(G) the considerations necessary to account for the
effects of climate change predictive assessments on the
siting and operation of offshore aquaculture
facilities; and
(2) provide recommendations for legislative or
administrative action with respect to--
(A) methods of operation identified under paragraph
(1)(A);
(B) mitigating adverse effects identified under
paragraph (1)(C);
(C) environmental standards, control rules, or
reference points that build upon the existing public
and private standards for the sustainability of
offshore aquaculture; and
(D) ensuring that operators of offshore aquaculture
facilities adhere to international standards for social
responsibility, public health, and equitable labor
practices, including with respect to sourcing inputs
for such facilities.
SEC. 4. ASSESSMENT PROGRAM FOR OFFSHORE AQUACULTURE.
(a) Establishment of Program.--Not earlier than 180 days after the
date on which the Administrator enters into a contract under section
3(a) and not later than 2 years after such date, the Administrator
shall establish an assessment program (in this section referred to as
the ``assessment program'') to evaluate the following with respect to
offshore aquaculture:
(1) The ability of different commercial-scale facility
designs and operational methods--
(A) to survive various atmospheric and ocean
conditions, including high wind speeds or high-energy
ocean conditions associated with severe weather,
without--
(i) allowing escapes;
(ii) loss of infrastructure; or
(iii) wildlife entanglement resulting from
loss or damaged infrastructure;
(B) to prevent adverse wildlife impacts, including
entanglements of large whales, sea turtles, and other
species protected under--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(ii) the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.);
(C) to prevent adverse impacts on the marine
environment, including impacts to habitat, water
chemistry, and wildlife; and
(D) to avoid adverse impacts on navigation and
safety to existing ocean users due to offshore
aquaculture facilities, including requirements for
operations, navigation, and transit associated with
such facilities.
(2) The ability of different technologies to provide
reliable and timely data on offshore aquaculture facilities,
including visual data and other relevant data types, on a
regular basis to enable the Administrator to monitor--
(A) the compliance of projects with the
requirements under subsection (b)(4)(5);
(B) impacts on the marine environment; and
(C) interference with existing uses of the water
body in which the project is located.
(3) The relative risks, benefits, and cost of various types
of offshore aquaculture, including different species of finfish
in different geographies and under varying climactic and
ecological conditions.
(4) The development of performance standards for offshore
aquaculture operations.
(b) Selection of Demonstration Projects.--
(1) Solicitation and acceptance of applications.--The
Administrator shall solicit and accept applications for
inclusion in the assessment program from owners and operators
of offshore aquaculture demonstration projects, including
commercial-scale demonstration projects, that--
(A) would advance the objectives described in
subsection (a) and involve objective analyses of data;
and
(B) are operating on the date on which the
application is submitted, were operated in offshore
waters of the United States or other countries at any
time during the 15-year period preceding the date on
which the application is submitted (including such
projects that are ongoing as of such date), or are
proposed to be operated.
(2) Notice and public comment.--The Administrator shall--
(A) publish in the Federal Register a notice
summarizing each application received under this
subsection; and
(B) invite public comments regarding the projects
proposed in those applications for inclusion in the
assessment program.
(3) Specially affected adjacent coastal jurisdictions.--
(A) Designation.--The Administrator shall establish
a mechanism for identifying and designating, with
respect to each application for a demonstration project
received under this subsection, the specially affected
adjacent coastal jurisdiction or jurisdictions.
(B) Notice.--For each application for a
demonstration project received under this subsection,
the Administrator shall provide a copy of the
application to the Governor or executive of the State
or Tribal government of each specially affected
adjacent coastal jurisdiction designated with respect
to the application under subparagraph (A).
(C) Rejection at the request of specially affected
adjacent coastal jurisdictions.--If, during the 60-day
period beginning on the date on which a specially
affected adjacent coastal jurisdiction receives notice
of an application under subparagraph (B), the Governor
or executive of the State or Tribal government of the
jurisdiction requests that the Administrator reject the
application, the Administrator shall reject the
application.
(4) Approval of demonstration projects.--The Administrator
may approve not more than 4 applications for demonstration
projects under this subsection for inclusion in the assessment
program.
(5) Requirements.--
(A) All demonstration projects.--
(i) In general.--Each demonstration project
approved for inclusion in the assessment
program--
(I) shall--
(aa) cultivate only native
species that pose a minimal
threat of harm to wildlife and
the ecosystem in which the
project is located;
(bb) incorporate design and
operational characteristics
that minimize the risk of
escape, wildlife entanglement,
and adverse pollution impacts;
(cc) have developed and be
able to implement an escape
response and infrastructure
loss or damage plan that
minimizes the impact of any
escapes or infrastructure loss
or damage on the marine
environment and on other uses
of the water body in which the
project is located;
(dd) comply with all
applicable requirements of--
(AA) the Federal
Water Pollution Control
Act (33 U.S.C. 1251 et
seq.) (commonly
referred to as the
``Clean Water Act'');
(BB) the Endangered
Species Act of 1973 (16
U.S.C. 1531 et seq.);
(CC) the Marine
Mammal Protection Act
of 1972 (16 U.S.C. 1361
et seq.); and
(DD) the National
Environmental Policy
Act of 1969 (42 U.S.C.
4321 et seq.);
(ee) be compatible with,
and prevent or minimize
displacement of, existing uses
and users of the marine
environment in which the
project is located;
(ff) conform to best
practices to avoid or minimize
the use of antibiotics and
other pharmaceuticals and
minimize the release of such
pharmaceuticals into the
environment; and
(gg) except as provided in
clause (ii), be conducted over
a period of 5 years; and
(II) shall not--
(aa) cultivate or otherwise
use salmon, including king,
chinook, coho, chum, sockeye,
pink, masu, amago, or Atlantic
salmon, even if such salmon is
considered a native species; or
(bb) be sited in any area
designated by the National
Marine Fisheries Service as
critical habitat for endangered
or critically endangered
wildlife.
(ii) Extensions.--
(I) In general.--As the
Administrator determines appropriate, a
demonstration project approved for
inclusion in the assessment program may
be conducted for a period exceeding 5
years.
(II) Proposals.--In order to be
considered for an extension under this
clause, the owner or operator of a
demonstration project shall submit to
the Administrator a proposal explaining
the need for the extension.
(III) Notice and public comment.--
The Administrator shall--
(aa) publish in the Federal
Register a notice summarizing
each proposal received under
subclause (II);
(bb) invite public comments
regarding each such proposal;
and
(cc) consider such comments
in determining whether to
authorize any extension for a
demonstration project under
this clause.
(B) New demonstration projects.--Any new
demonstration project approved for inclusion in the
assessment program shall--
(i) be designed and managed in partnership
with--
(I) a land-grant college or
university (as defined in section 1404
of the National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103));
(II) a 1994 Institution (as defined
in section 532 of the Equity in
Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law
103-382)); or
(III) a sea grant college (as
defined in section 203 of the National
Sea Grant College Program Act (33
U.S.C. 1122)); and
(ii) consult and coordinate with the
relevant Regional Fishery Management Council.
(6) Priority consideration.--In considering applications
for demonstration projects under this section, the
Administrator shall give priority consideration to
demonstration projects owned or operated by--
(A) veterans, or entities in which a veteran or
veterans have a majority ownership interest;
(B) members of a community with environmental
justice concerns or underserved community, or entities
in which a member or members of a community with
environmental justice concerns or underserved community
have a majority ownership interest;
(C) entities that primarily serve or employ members
of a community with environmental justice concerns or
underserved community; or
(D) applicants who can demonstrate that the
demonstration project will directly benefit individuals
who are already participating in the agricultural,
wild-caught fishery, or offshore aquaculture industries
who have been negatively impacted by the COVID-19
pandemic, natural disasters, or disaster declarations.
(7) Public comments.--In considering applications for
demonstration projects under this section, the Administrator
shall consider and weigh the public comments received pursuant
to paragraph (2)(B).
(c) Aquaculture Opportunity Areas.--The Administrator may elect to
site a demonstration project approved for inclusion in the assessment
program in an Aquaculture Opportunity Area identified by the Secretary
of Commerce in accordance with section 7 of Executive Order 13921 (16
U.S.C. 1801; relating to promoting American seafood competitiveness and
economic growth).
(d) Permits.--
(1) Federal agencies.--The owner or operator of each
demonstration project approved for inclusion in the assessment
program shall obtain all necessary and relevant permits issued
by Federal agencies to conduct activities under the project.
(2) National oceanic and atmospheric administration.--After
the owner or operator of a demonstration project obtains the
permits described in paragraph (1), the Administrator shall
issue the appropriate permits to allow the project to conduct
offshore aquaculture activities in accordance with this Act.
(e) Reporting by Assessment Program Participants.--
(1) In general.--The owner or operator of each
demonstration project approved for inclusion in the assessment
program shall submit such information, at such time, in such
place, and in such manner as the Administrator determines
appropriate, including the following:
(A) Production data.
(B) Information on interactions with wild species,
mitigation measures taken, and the results of such
interactions and measures.
(C) Information on technology and operational
practices used to measure and monitor--
(i) effluent;
(ii) integrity of cage materials and other
gear; and
(iii) health of the cultivated species.
(D) Information on environmental and ecosystem
impacts.
(E) Data necessary for the Ocean Studies Board of
the National Academies of Sciences, Engineering, and
Medicine to complete the study required by section 3.
(F) Information necessary for the Administrator to
exercise the authority of the Administrator under
subsection (f).
(G) Owner, operator, and employee demographic data
and other relevant data as determined by the
Administrator for purposes of assessing--
(i) the direct benefits of the project to
communities with environmental justice
concerns; and
(ii) the economic and social benefits for
nearby coastal communities.
(H) Information on navigation and safety impacts to
existing ocean users.
(I) Such additional information as the
Administrator requires to fulfill the goals and
objectives of the assessment program.
(2) Technical assistance.--The Administrator shall, upon
request, provide technical assistance to owners and operators
of demonstration projects approved for inclusion in the
assessment program to comply with the reporting requirements of
this subsection.
(3) Emergency reporting.--The Administrator shall establish
an emergency reporting process for each owner or operator of a
demonstration project approved for inclusion in the assessment
program to immediately report suspected or known interactions
between project facilities or vessels and protected wild
species.
(f) Authority To Modify or Terminate Participation of Demonstration
Projects and Order Removal of Facilities.--The Administrator may
require modifications to a demonstration project approved for inclusion
in the assessment program, terminate the participation of such a
project in such program, and order the removal of an offshore
aquaculture facility authorized to operate under this section if--
(1) the project incurs an incident involving a death or
serious personal injury and the Administrator determines that
project operator negligence was the cause or a contributing
factor to such incident;
(2) operation of the project results in a violation of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(B) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
(3) the owner or operator of the project fails to comply
with all of the terms and conditions of--
(A) the approval of the project; or
(B) modifications required by the Administrator
under this subsection; or
(4) the Administrator determines that continued
participation in the assessment program by the project would be
unsafe or result in unacceptable negative impacts to--
(A) the marine environment;
(B) nearby communities; or
(C) other users of the water body in which the
project is located.
(g) Interim Final Rule.--The Administrator may issue an interim
final rule to implement the requirements under this section.
(h) Reports.--
(1) Annual reports.--
(A) In general.--Not later than 2 years after the
date on which the Administrator establishes the
assessment program, and annually thereafter for the
duration of the assessment program, the Administrator
shall publish, make available to the public, and submit
to offshore aquaculture stakeholders a report that
includes the following:
(i) A description of each project approved
for inclusion in the assessment program.
(ii) In the first report, documentation
supporting selection of each such project.
(iii) A summary of the information
submitted to the Administrator under subsection
(e) for each such project.
(iv) A description of the progress made
toward meeting the objectives described in
subsection (a).
(B) Definition of offshore aquaculture
stakeholders.--In this paragraph, the term ``offshore
aquaculture stakeholders'' includes--
(i) each specially affected adjacent
coastal jurisdiction; and
(ii) each affected--
(I) Tribal or Indigenous community;
(II) regional fishery management
council;
(III) interstate fisheries
commission;
(IV) conservation organization; and
(V) fisheries association.
(2) Final report.--
(A) In general.--Not later than 1 year after the
date of the completion of the assessment program, the
Administrator shall submit to the appropriate
committees of Congress a report describing the results
of the assessment program.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) An evaluation based on data from the
assessment program of the opportunities and
risks of offshore aquaculture regarding--
(I) marine ecosystems;
(II) other users of the exclusive
economic zone;
(III) other ecosystems goods and
services;
(IV) social and economic impacts to
nearby communities, including
cumulative impacts and impacts on
communities with environmental justice
concerns, low-income communities, and
communities of color;
(V) best practices to mitigate
risks; and
(VI) best practices to prevent
disparate impacts.
(ii) Such recommendations as the
Administrator may have for legislative or
administrative action and the establishment of
performance standards for offshore aquaculture
siting and operations that--
(I) would minimize risks posed by
offshore aquaculture operations to
marine ecosystems;
(II) would enhance the safe
operation of offshore aquaculture
facilities, service vessels, and
associated activities;
(III) would prevent displacement of
existing uses and users; and
(IV) are technically,
operationally, and economically
feasible.
SEC. 5. AQUACULTURE CENTERS OF EXCELLENCE.
(a) Aquaculture Curriculum Grants.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall establish a
program to award grants to covered institutions to assist in
establishing or enhancing an aquaculture curriculum for
undergraduate or graduate courses of study at such covered
institutions.
(2) Aquaculture centers of excellence.--A covered
institution that receives a grant under this section shall be
known as an ``Aquaculture Center of Excellence''.
(3) Applications.--To be eligible to receive a grant under
this section, a covered institution shall submit to the
Administrator an application in such form, at such time, and
containing such information as the Administrator determines
appropriate, including any plans to partner with 1 or more
other institutions of higher education as authorized under
paragraph (5).
(4) Use of grant amounts.--
(A) In general.--A covered institution receiving a
grant under this section shall use the grant amounts to
establish or enhance an aquaculture curriculum for
undergraduate or graduate courses of study that
includes the following:
(i) Training in various skill sets needed
by successful aquaculture entrepreneurs,
including--
(I) business management, strategic
planning, business plan development,
capital financing and fundraising,
financial management and accounting,
market analysis and competitive
analysis, and market entry and strategy
execution; and
(II) any other skill sets specific
to the needs of the student population
and the surrounding community,
including with respect to social and
environmental sustainability, as
determined by the institution.
(ii) Natural and social science research
programs in aquaculture and natural fisheries,
including offshore aquaculture.
(iii) Development of extension programs (or
cooperation with existing extension programs)
that--
(I) educate and engage community
members, including elementary and
secondary school students, on
aquaculture and aquaculture career
pathways; and
(II) transfer newly developed
techniques and research information
developed or collated at the covered
institution to aquaculture
practitioners.
(iv) Career development, such as the
establishment of cooperatives, apprenticeships,
mentorships, accelerators, or grant
competitions.
(B) Limitations on use of grant amounts.--Amounts
from a grant awarded under this section may be used
only for expenses directly related to the
implementation of the curriculum or activities
authorized under this section.
(5) Partnerships.--In applying for grants and carrying out
activities with grant amounts under this section, a covered
institution may partner with 1 or more other institutions of
higher education with established aquaculture programs,
including institutions of higher education not otherwise
eligible for grants under this section, to facilitate the
sharing of resources and knowledge necessary for the
development or enhancement of aquaculture curriculum at the
covered institution.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2024 through 2027, to remain available until expended.
SEC. 6. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
examining the permitting, monitoring, and regulation of offshore
aquaculture during the 15-year period ending on such date of enactment.
(b) Bases of Report.--The Comptroller General shall base the report
required by subsection (a) on available literature, case studies, and
stakeholder input.
(c) Elements of Report.--The report required by subsection (a)
shall--
(1) assess the feasibility and potential positive and
negative implications of designating a lead agency to issue
offshore aquaculture permits in a timely manner;
(2) identify lessons learned during the period described in
subsection (a) with respect to--
(A) the implications of offshore aquaculture type,
location, and regulatory framework on the success of
offshore aquaculture projects;
(B) the degree of involvement of coastal or
adjacent States, Tribal groups, underserved
communities, or communities with environmental justice
concerns in consultation, planning, or operations of
offshore aquaculture operations;
(C) safety protocols and risk mitigation measures
for the permit and oversight processes for offshore
aquaculture, including--
(i) escape prevention measures;
(ii) emergency event response planning;
(iii) compliance monitoring, particularly
in remote locations;
(iv) compliance with Federal laws;
(v) reporting mechanisms to appropriate
Federal authorities; and
(vi) vessel navigation aids to ensure
navigational safety;
(D) the effect of incentives to reduce adverse
effects or disparate impacts from offshore aquaculture
operations;
(E) building and optimizing synergies between
offshore aquaculture and wild-caught fishing
activities, or offshore, nearshore, and onshore
aquaculture activities, including market development,
increasing seafood consumption, and shared
infrastructure;
(F) the environmental effects of offshore
aquaculture operations, including mechanisms to prevent
harm to the environment, wildlife, or human well-being;
(G) in consultation with the Council Coordination
Committee, the net economic and social benefits of
offshore aquaculture projects, particularly for nearby
communities, including underserved communities and
communities with environmental justice concerns, based
on project size, regulatory structures, and financing
structures;
(H) the impact of introducing offshore aquaculture
products to the marketplace on supply and demand for
wild-capture fisheries products, and methods for
ensuring resiliency and growth for both offshore
aquaculture and wild-capture fisheries products;
(I) mechanisms to enhance capital investment,
workforce development, and equitable opportunity
requirements or assistance programs in the permit
process for offshore aquaculture, or to diversify
permit applicants;
(J) outstanding needs for continued research,
development, education activities, programs, and
funding regarding offshore aquaculture projects and
development of the domestic workforce and
entrepreneurship related to offshore aquaculture;
(K) the economic potential for both large- and
small-scale offshore aquaculture operations to generate
a positive return on investment under various
regulatory and financing structures;
(L) the applicability and sufficiency of existing
regulatory systems for offshore aquaculture; and
(M) existing local, State, Federal, and foreign
regulatory standards that may serve as models for
efficient and effective regulation of offshore
aquaculture; and
(3) include such recommendations as the Comptroller General
may have with respect to future offshore aquaculture
operations, including with respect to--
(A) regulatory processes necessary for permitting,
monitoring, and oversight, including processes and
techniques related to siting, deployment, operations,
and decommissioning;
(B) potential safeguards, data collection, or
monitoring required to minimize disparate impacts on
communities with environmental justice concerns, local
economies, marine environments, and existing domestic
economic sectors;
(C) mechanisms for optimizing the coordination
among Federal agencies with a role in permitting or
supporting offshore aquaculture without compromising
the goals of such permitting;
(D) methods for effectively involving stakeholders,
including--
(i) specially affected adjacent coastal
jurisdictions;
(ii) local communities;
(iii) regional offshore waters users and
management groups, including regional fishery
management councils; and
(iv) users of local, State, Tribal, and
Federal waters and coastal resources, including
underserved communities and communities with
environmental justice concerns;
(E) best practices for incorporating local
knowledge, including from Tribal or Indigenous
communities;
(F) capabilities of Federal agencies that are
necessary for effective regulation of the offshore
aquaculture sector; and
(G) how creating private rights of action or
waiving sovereign immunity would facilitate or hinder
the development of offshore aquaculture projects and
the acceptance of such projects by nearshore and
offshore waters user groups and coastal communities.
SEC. 7. RULE OF CONSTRUCTION.
Any requirement in this Act to identify or consider an impact or
effect on human health, the environment, or the climate shall be
construed as including a requirement to make such identification or
consideration while taking into account--
(1) the cumulative impact of such impact or effect in the
context of all sources of emissions, discharges, or releases
from any source, past, present, or in the reasonably
foreseeable future, on the affected environment and population;
(2) any characteristics of such environment and population
that may heighten vulnerability to environmental pollution and
related health risks; and
(3) any action or practice that, even if appearing neutral,
has the effect of subjecting individuals to discrimination on
the basis of race, color, or national origin.
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