[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7797 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7797
To direct the Secretary of Energy to establish a pilot program on ocean
fertilization and restoration research and development, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2024
Mr. Carter of Georgia introduced the following bill; which was referred
to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish a pilot program on ocean
fertilization and restoration research and development, 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 ``Ocean Restoration Research and
Development Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Rising greenhouse gas concentrations has been linked to
a number of adverse environmental conditions and threatens the
health of the global environment.
(2) Emissions reductions and natural carbon sequestration
methods to stabilize and decrease global greenhouse gas
concentrations should be pursued.
(3) The oceans have the capacity to hold 50 times more
carbon than the terrestrial systems and atmosphere.
(4) The National Academies has recognized the potential
benefits of methodologies that enhance ocean-based carbon
dioxide removal (marine CDR) and called for more research to
assess their potential to mitigate the impacts of climate
change.
(5) Ocean iron fertilization and other marine CDR
techniques hold great potential to efficiently accelerate
carbon dioxide removal from the atmosphere.
(6) Ocean iron fertilization and replenishment mimics
natural processes such as the influx of aeolian dust and
volcanic ash that provide iron supplements to iron-limited open
oceans.
(7) Ocean iron fertilization also stimulates ocean
productivity, phytoplankton growth, and fish populations.
(8) Several national and international climate strategies
include specifications that methods to restore or enhance ocean
photosynthesis are accepted as valid and will produce
measurable and significant carbon capture and sequestration or
storage referred to as a form of blue carbon.
(b) Sense of Congress.--It is the sense of the Congress that
conducting pilot projects for research and development of ocean iron
fertilization and other marine CDR techniques is urgent and in the
Nation's vital interest to better understand and advance climate
restoration and should be a priority for the Secretary.
SEC. 3. OCEAN FERTILIZATION RESEARCH AND DEVELOPMENT PILOT PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a pilot
program for the research and development of ocean iron fertilization
and other marine CDR techniques that have the potential to achieve
regional-to-global scale carbon dioxide removal, ocean restoration,
enhancement of fisheries, or conservation of marine mammals.
(b) Requirements.--The pilot program established under subsection
(a) shall include--
(1) an applied research and development incentive program,
including monitoring of effects on ecosystems;
(2) demonstration projects, including commercial scale by
private industry;
(3) engineering, design, environmental and economic
analysis;
(4) an assessment of the efficacy of ocean iron
fertilization and other marine CDR replenishment techniques
to--
(A) absorb and sequester greenhouse gasses and
restore marine ecosystems;
(B) replicate those practices under varying
conditions; and
(C) assess secondary environmental impacts and
associated verification methodologies; and
(5) a data management plan to include access and archive
functions to allow for interagency scientific discovery.
(c) Consultation.--In carrying out the pilot program established
under subsection (a), the Secretary shall consult and collaborate
with--
(1) the heads of other relevant Federal departments and
agencies, including--
(A) the Administrator of the National Oceanic and
Atmospheric Administration;
(B) the Secretary of the Treasury;
(C) the Administrator of the Environmental
Protection Agency;
(D) the Director of the Bureau of Ocean Energy
Management; and
(E) the Director of the National Science
Foundation;
(2) institutions of higher education;
(3) the National Oceanographic Partnership Program; and
(4) representatives from other relevant private and public
sector organizations.
(d) Program Goals and Objectives.--In consultation with the
entities described in subsection (c), the Secretary shall within 1 year
of enactment of this Act develop goals and objectives for the pilot
program established under subsection (a), taking into consideration--
(1) the acceleration of the development of ocean iron
fertilization technologies and other marine CDR practices that
have transformational ocean restoration, carbon removal, and
carbon storage characteristics;
(2) the utilization of, to the maximum extent practicable,
environmental data collected by--
(A) the entities described in subsection (c);
(B) the Defense Advanced Research Projects Agency
through the Ocean of Things program;
(C) the National Aeronautics and Space
Administration through the Plankton, Aerosol, Cloud,
ocean Ecosystem mission;
(D) NOAA's Joint Polar Satellite System and
Geostationary Operational Environmental Satellites, and
data available from the National Centers for
Environmental Information;
(E) the Integrated Ocean Observing System of the
National Oceanic and Atmospheric Administration; and
(F) the United States Navy, through the Marine
Mammal Program;
(3) support for sites for safe testing and demonstration;
(4) the need to enter into cooperative agreements to carry
out and expedite meso-scale demonstration projects;
(5) compliance with relevant international laws and
treaties, if applicable;
(6) any benefits or barriers to the commercial deployment
of any such technologies and practices; and
(7) the need for adequate data sharing and management
protocols among all participants to ensure that the data and
information collected from the pilot project is available to
the science community and the public.
(e) Eligible Entities.--In carrying out the pilot program
established under subsection (a), the Secretary shall have the
authority to contract with private or public entities provided that--
(1) the entity has demonstrated experience with ocean iron
fertilization, other marine CDR techniques, or expertise in
oceanography;
(2) at least 51 percent of project costs are to be provided
by sources of funding other than Federal funds; and
(3) certain data collected from such projects is made
available to the Secretary to demonstrate efficacy of ocean
iron fertilization or other marine CDR techniques, subject to
the protection of all proprietary data.
(f) State and Tribal Involvement.--In consultation with the
Secretary, States and Tribes may enter into contracts with private and
public entities to advance ocean iron fertilization for carbon
sequestration or fisheries restoration.
(g) Priorities.--In carrying out the pilot program established
under subsection (a), the Secretary shall, to the maximum extent
practicable, prioritize activities that--
(1) take place in pelagic waters;
(2) will not cause or accelerate harmful algal blooms in
coastal waters; and
(3) restores ocean primary productivity.
(h) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
describing--
(1) the program goals and objectives adopted under
subsection (d);
(2) improving and enhancing techniques for ocean iron
fertilization and other marine CDR techniques;
(3) any results, successes, and related co-benefits to
marine mammals and fisheries, and any direct, indirect, and
cumulative impacts to the environment carrying out the pilot
program established under subsection (a);
(4) the potential to undertake large-scale projects and
utilize international waters for demonstration projects;
(5) applicability of Research and Development tax credits
and other means to incentivize private investment;
(6) any policies or permitting recommendations for work
conducted in United States and international waters; and
(7) any other information the Secretary considers relevant.
(i) Symposium.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall convene a symposium, bringing together
experts from academia, industry and government to assess the status of
deployment, best practices, innovation and technologies, and ongoing
research and development related to iron fertilization and other marine
CDR techniques for ocean restoration.
(j) Waiver.--Notwithstanding any other provision of law, the
Secretary shall have the authority to waive any other legal
requirements the Secretary, in the Secretary's sole discretion,
determines necessary to ensure expeditious development and
implementation of the pilot projects under this section. Any such
decision by the Secretary shall be effective upon being published in
the Federal Register.
(k) Federal Court Review.--The district courts of the United States
shall have exclusive jurisdiction to hear all causes or claims arising
from any action undertaken, or any decision made, by the Secretary
pursuant to subsection (j). A cause of action or claim may only be
brought alleging a violation of the Constitution of the United States.
The court shall not have jurisdiction to hear any claim not specified
in this subsection.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $33,000,000 for each of fiscal
years 2025 through 2030.
(m) Definitions.--In this section:
(1) Coastal waters.--The term ``coastal waters'' means the
land and sea areas bordering the shoreline where hypoxic
conditions exist or are likely to occur due to excess
nutrients.
(2) Ocean restoration.--The term ``ocean restoration''
includes the research and development of technologies and
techniques that support the addition of trace elements or
nutrients to the upper layers of the ocean for the purpose of
stimulating phytoplankton activity.
(3) Pelagic waters.--The term ``pelagic waters'' means the
part of the open sea or ocean other than coastal waters.
(4) Ocean iron fertilization.--The term ``ocean iron
fertilization'' means introduction of low concentrations of
iron to high nutrient, low chlorophyll regions of the ocean
surface to stimulate phytoplankton production.
(5) Marine cdr techniques.--In addition to ocean iron
fertilization, other marine CDR techniques include, but are not
limited to, ocean alkalinity enhancement, electrochemical
approaches, and kelp and seaweed cultivation.
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