[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5447 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5447
To establish a grant program to assist projects that use nonlethal
coexistence measures to reduce property damage caused by native
beavers, a keystone species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2024
Mr. Heinrich introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish a grant program to assist projects that use nonlethal
coexistence measures to reduce property damage caused by native
beavers, a keystone species, 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 ``Developing Alternative Mitigation
Systems for Beavers Act'' or the ``DAMS for Beavers Act''.
SEC. 2. BEAVER DAMAGE MITIGATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
(B) a State or Tribal agency;
(C) a unit of local government;
(D) a foundation, nonprofit organization, or
institution of higher education; and
(E) a partnership between--
(i) 1 or more entities described in any of
subparagraphs (A) through (D); and
(ii) an owner of property that has
sustained or is at risk of sustaining property
damage due to beaver activity.
(2) Nonlethal coexistence measure.--
(A) In general.--The term ``nonlethal coexistence
measure'' means a measure designed to mitigate property
damage caused by beavers that does not incorporate--
(i) the gripping, trapping, injuring, or
killing of a beaver;
(ii) the destruction or removal of a beaver
dam or lodge, unless the destruction or removal
is necessary to install flow management
devices; or
(iii) the relocation of a beaver.
(B) Inclusions.--The term ``nonlethal coexistence
measure'' includes--
(i) fencing used to protect culverts;
(ii) fencing and paint-sand mixtures used
to protect trees;
(iii) fencing used to protect earthen dams
from beaver burrowing; and
(iv) flow management devices used to
control water levels in beaver ponds.
(3) Program.--The term ``Program'' means the grant program
established under subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish and implement a
grant program under which the Secretary may award grants on a
competitive basis to eligible entities to carry out projects that use
nonlethal coexistence measures--
(1) to reduce property damage caused by beavers; and
(2) to maintain or enhance habitat for beavers and other
wildlife.
(c) Administration.--The Secretary may enter into an agreement with
the National Fish and Wildlife Foundation established by section 2(a)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701(a)) to administer the Program in consultation with the
United States Fish and Wildlife Service.
(d) Application.--An eligible entity desiring a grant under the
Program shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require, which shall include the following:
(1) A description of the experience, qualifications, and
training (including planned training) of the eligible entity
with respect to the use of nonlethal coexistence measures.
(2) In the case of an application submitted by an eligible
entity that is not a State or Tribal wildlife or natural
resources management agency (or equivalent), a certification
that the eligible entity has consulted with such an agency (or
equivalent).
(3) In the case of an application submitted by an eligible
entity that is not an owner of the property on which a relevant
proposed project will be located, a certification that--
(A) each owner of the property consents to the
project; and
(B) for the duration of the project, only nonlethal
coexistence measures will be used on the property for
purposes of reducing property damage caused by beavers
(except in the case of a circumstance subject to an
exception under subsection (f)(3)(A)).
(e) Priority.--In awarding grants under the Program, the Secretary
may give priority to projects that--
(1) include monitoring and research that facilitates--
(A) evaluating the impact of the project;
(B) gathering data for use in future projects; and
(C) identifying best practices;
(2) include maintenance and adaptive management of
nonlethal coexistence measures;
(3) include educational and outreach activities;
(4) have received Federal funding through any program
established under title 23, United States Code, or the program
established under section 6703(b) of title 49, United States
Code, as determined in coordination with the Secretary of
Transportation; or
(5) satisfy any other criteria the Secretary determines
relevant to effectively reducing damage to property by, and
maintaining or enhancing habitat for, beavers and other
wildlife.
(f) Conditions and Termination.--
(1) Conditions.--Except as provided in paragraph (3), as a
condition of receiving a grant under the Program, for the
duration of a project carried out with grant funds awarded
under the Program, an eligible entity may use only nonlethal
coexistence measures for purposes of reducing property damage
caused by beavers on the property on which the project is
carried out.
(2) Termination.--Except as provided in paragraph (3), the
Secretary shall terminate a grant made to an eligible entity
under the Program if a measure other than a nonlethal
coexistence measure is used on the property on which the
relevant project is carried out for purposes of reducing
property damage caused by beavers on the property.
(3) Exceptions.--
(A) In general.--Paragraphs (1) and (2) shall not
apply if the Secretary determines--
(i) that a measure other than a nonlethal
coexistence measure is necessary to protect
human health or safety;
(ii) in consultation with relevant Federal
and State agencies, that a measure other than a
nonlethal coexistence measure is necessary to
protect a Federal or State flood control or
water rights mandate; or
(iii) that a project carried out with grant
funds awarded under the Program has been
implemented for more than 1 year and the
project has not sufficiently reduced property
damage caused by beavers on the property on
which the project is carried out.
(B) Documentation.--The Secretary shall maintain a
record of each determination made under subparagraph
(A).
(g) Federal Share.--The Federal share of the cost of a project for
which a grant is awarded under the Program may not exceed 75 percent.
(h) Federal Agency Partnerships.--An eligible entity may enter into
a partnership with a Federal agency for assistance in--
(1) applying for a grant under the Program; or
(2) carrying out a project with a grant awarded the
Program.
(i) Annual Report to Congress.--Not later than 90 days after the
end of each fiscal year in which grants are awarded under the Program,
the Secretary shall submit to Congress, and make publicly available, a
report that includes--
(1) a detailed description of the projects funded by grants
under the Program, including the extent to which such projects
represent diverse geographic areas;
(2) an evaluation of the effectiveness of the Program in
selecting projects according to the priorities described in
subsection (e); and
(3) recommendations to improve the effectiveness of the
Program.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2025
through 2029.
(2) Administrative expenses.--Not more than 10 percent of
the amounts made available each fiscal year to carry out this
section may be used for administrative expenses of the Program.
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