[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2807 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2807
To require the Secretary of Commerce to establish and carry out a grant
program to conserve, restore, and manage kelp forest ecosystems, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2023
Mr. Merkley (for himself, Mr. King, Mrs. Feinstein, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to establish and carry out a grant
program to conserve, restore, and manage kelp forest ecosystems, 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 ``Help Our Kelp Act''.
SEC. 2. GRANTS TO CONSERVE, RESTORE, AND MANAGE KELP FOREST ECOSYSTEMS.
(a) Establishment.--The Administrator shall establish, not later
than 180 days after the date of the enactment of this Act, and carry
out a grant program under which the Administrator shall award grants to
eligible entities described in subsection (b) to carry out eligible
projects described in subsection (c) relating to the conservation,
restoration, or management of kelp forest ecosystems.
(b) Eligible Entities.--To be eligible for a grant under this
section, an entity shall--
(1) be--
(A) a member of the fishing industry;
(B) an institution of higher education;
(C) a nonprofit organization;
(D) an Indian Tribe;
(E) a State agency; or
(F) a local government;
(2) consult or collaborate with any other entity described
in paragraph (1) throughout the development or implementation
of a project relating to the conservation, restoration, or
management of kelp forest ecosystems; and
(3) submit to the Administrator an application describing
that project at such time, in such manner, and containing such
information as the Administrator may require, including
information regarding--
(A) what criteria will be used to monitor and
evaluate the effectiveness of the project; and
(B) the qualifications of the applicant to conduct,
monitor, and evaluate the project.
(c) Eligible Projects.--The Administrator shall award grants to
eligible entities for projects that--
(1) address the greatest relative regional declines in kelp
forest ecosystems;
(2) focus on elements such as--
(A) the long-term resilience of kelp forest
ecosystems;
(B) long-term socioeconomic resilience related to
kelp forest ecosystems;
(C) kelp forest seeding and connectivity;
(D) reestablishing or recovering natural trophic
relationships and structure to support the resilience
of kelp forest ecosystems through actions such as
predator control through targeted urchin removal and
the recovery of sunflower sea stars;
(E) monitoring and assessment of kelp forest
ecosystems;
(F) integration of Indigenous knowledge and
cultural practices into restoration and monitoring of
kelp forest ecosystems through consultation with Indian
Tribes or promotion of Federal or State co-management
with Indian Tribes; or
(G) other efforts to restore kelp forest ecosystems
and prevent large scale losses of kelp forests; or
(3) are identified by Indian Tribes or Federal or State
restoration or management plans as focal areas for recovery of
kelp forests and associated species.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
amount of Federal funding received as a grant under this
section by an eligible entity may not exceed 85 percent of the
total cost of the project for which the grant is awarded. For
the purposes of this paragraph, the non-Federal share of the
costs of a project may be provided by in-kind contributions and
other noncash support.
(2) Waiver.--The Administrator may waive all or part of the
requirement in paragraph (1) if the Administrator determines
that--
(A) no reasonable means are available through which
an eligible entity applying for a grant under this
section can meet that requirement;
(B) the probable benefit of the project outweighs
the public interest in such requirement; and
(C) the project undertaken is established on lands
owned by or held in trust for an Indian Tribe.
(e) Guidelines and Criteria.--The Administrator shall--
(1) issue guidelines for implementation of the grant
program established under subsection (a); and
(2) establish criteria for evaluating eligible projects
based on best practices, best available science, and community
engagement to rank eligible projects under subsection (c).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator $5,000,000 for each of fiscal years 2024
through 2028 to carry out this section.
(2) Availability to indian tribes.--
(A) In general.--Of the amount authorized to be
appropriated by paragraph (1) for a fiscal year, not
less than $750,000 shall be available to award grants
under this section to eligible entities that are Indian
Tribes.
(B) Contingency; outreach.--If no Indian tribe is
awarded a grant under this section in a fiscal year--
(i) for that fiscal year, the amount
described in subparagraph (A) shall be made
available to award grants under this section to
other eligible entities; and
(ii) the Administrator shall conduct
outreach to inform Indian Tribes and
organizations that work with Indian Tribes of
the grant program established under subsection
(a).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration.
(2) Fishing industry.--The term ``fishing industry''
means--
(A) processors;
(B) commercial fishermen; and
(C) recreational fishermen.
(3) 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).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Kelp forest ecosystem.--The term ``kelp forest
ecosystem'' means a naturally occurring, biotic system
dominated by canopy-forming, stipitate, or prostrate benthic
macroalgae and associated taxa.
(6) Local government.--The term ``local government'' means
a unit of general local government, a school district, or other
special district established under State law.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986; and
(B) exempt from tax under section 501(a) of such
Code.
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