I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ocean Restoration Re5 search and Development Act’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) Rising greenhouse gas concentrations has 

9 been linked to a number of adverse environmental 


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1 conditions and threatens the health of the global en2 vironment. 

3 (2) Emissions reductions and natural carbon 

4 sequestration methods to stabilize and decrease glob5 al greenhouse gas concentrations should be pursued. 

6 (3) The oceans have the capacity to hold 50 

7 times more carbon than the terrestrial systems and 

8 atmosphere. 

9 (4) The National Academies has recognized the 

10 potential benefits of methodologies that enhance 

11 ocean-based carbon dioxide removal (marine CDR) 

12 and called for more research to assess their potential 

13 to mitigate the impacts of climate change. 

14 (5) Ocean iron fertilization and other marine 

15 CDR techniques hold great potential to efficiently 

16 accelerate carbon dioxide removal from the atmos17 phere. 

18 (6) Ocean iron fertilization and replenishment 

19 mimics natural processes such as the influx of aeo20 lian dust and volcanic ash that provide iron supple21 ments to iron-limited open oceans. 

22 (7) Ocean iron fertilization also stimulates 

23 ocean productivity, phytoplankton growth, and fish 

24 populations. 


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1 (8) Several national and international climate 

2 strategies include specifications that methods to re3 store or enhance ocean photosynthesis are accepted 

4 as valid and will produce measurable and significant 

5 carbon capture and sequestration or storage referred 

6 to as a form of blue carbon. 

7 (b) SENSE OF CONGRESS.—It is the sense of the 

8 Congress that conducting pilot projects for research and 

9 development of ocean iron fertilization and other marine 

10 CDR techniques is urgent and in the Nation’s vital inter11 est to better understand and advance climate restoration 

12 and should be a priority for the Secretary. 

13 SEC. 3. OCEAN FERTILIZATION RESEARCH AND DEVELOP14 MENT PILOT PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary of Energy 

16 shall establish a pilot program for the research and devel17 opment of ocean iron fertilization and other marine CDR 

18 techniques that have the potential to achieve regional-to19 global scale carbon dioxide removal, ocean restoration, en20 hancement of fisheries, or conservation of marine mam21 mals. 

22 (b) REQUIREMENTS.—The pilot program established 

23 under subsection (a) shall include— 


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1 (1) an applied research and development incen2 tive program, including monitoring of effects on eco3 systems; 

4 (2) demonstration projects, including commer5 cial scale by private industry; 

6 (3) engineering, design, environmental and eco7 nomic analysis; 

8 (4) an assessment of the efficacy of ocean iron 

9 fertilization and other marine CDR replenishment 

10 techniques to— 

11 (A) absorb and sequester greenhouse gas12 ses and restore marine ecosystems; 

13 (B) replicate those practices under varying 

14 conditions; and 

15 (C) assess secondary environmental im16 pacts and associated verification methodologies; 

17 and 

18 (5) a data management plan to include access 

19 and archive functions to allow for interagency sci20 entific discovery. 

21 (c) CONSULTATION.—In carrying out the pilot pro22 gram established under subsection (a), the Secretary shall 

23 consult and collaborate with— 

24 (1) the heads of other relevant Federal depart25 ments and agencies, including— 


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1 (A) the Administrator of the National Oce2 anic and Atmospheric Administration; 

3 (B) the Secretary of the Treasury; 

4 (C) the Administrator of the Environ5 mental Protection Agency; 

6 (D) the Director of the Bureau of Ocean 

7 Energy Management; and 

8 (E) the Director of the National Science 

9 Foundation; 

10 (2) institutions of higher education; 

11 (3) the National Oceanographic Partnership 

12 Program; and 

13 (4) representatives from other relevant private 

14 and public sector organizations. 

15 (d) PROGRAM GOALS AND OBJECTIVES.—In con16 sultation with the entities described in subsection (c), the 

17 Secretary shall within 1 year of enactment of this Act de18 velop goals and objectives for the pilot program estab19 lished under subsection (a), taking into consideration— 

20 (1) the acceleration of the development of ocean 

21 iron fertilization technologies and other marine CDR 

22 practices that have transformational ocean restora23 tion, carbon removal, and carbon storage character24 istics; 


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1 (2) the utilization of, to the maximum extent 

2 practicable, environmental data collected by— 

3 (A) the entities described in subsection (c); 

4 (B) the Defense Advanced Research 

5 Projects Agency through the Ocean of Things 

6 program; 

7 (C) the National Aeronautics and Space 

8 Administration through the Plankton, Aerosol, 

9 Cloud, ocean Ecosystem mission; 

10 (D) NOAA’s Joint Polar Satellite System 

11 and Geostationary Operational Environmental 

12 Satellites, and data available from the National 

13 Centers for Environmental Information; 

14 (E) the Integrated Ocean Observing Sys15 tem of the National Oceanic and Atmospheric 

16 Administration; and 

17 (F) the United States Navy, through the 

18 Marine Mammal Program; 

19 (3) support for sites for safe testing and dem20 onstration; 

21 (4) the need to enter into cooperative agree22 ments to carry out and expedite meso-scale dem23 onstration projects; 

24 (5) compliance with relevant international laws 

25 and treaties, if applicable; 


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1 (6) any benefits or barriers to the commercial 

2 deployment of any such technologies and practices; 

3 and 

4 (7) the need for adequate data sharing and 

5 management protocols among all participants to en6 sure that the data and information collected from 

7 the pilot project is available to the science commu8 nity and the public. 

9 (e) ELIGIBLE ENTITIES.—In carrying out the pilot 

10 program established under subsection (a), the Secretary 

11 shall have the authority to contract with private or public 

12 entities provided that— 

13 (1) the entity has demonstrated experience with 

14 ocean iron fertilization, other marine CDR tech15 niques, or expertise in oceanography; 

16 (2) at least 51 percent of project costs are to 

17 be provided by sources of funding other than Fed18 eral funds; and 

19 (3) certain data collected from such projects is 

20 made available to the Secretary to demonstrate effi21 cacy of ocean iron fertilization or other marine CDR 

22 techniques, subject to the protection of all propri23 etary data. 

24 (f) STATE AND TRIBAL INVOLVEMENT.—In consulta25 tion with the Secretary, States and Tribes may enter into 


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1 contracts with private and public entities to advance ocean 

2 iron fertilization for carbon sequestration or fisheries res3 toration. 

4 (g) PRIORITIES.—In carrying out the pilot program 

5 established under subsection (a), the Secretary shall, to 

6 the maximum extent practicable, prioritize activities 

7 that— 

8 (1) take place in pelagic waters; 

9 (2) will not cause or accelerate harmful algal 

10 blooms in coastal waters; and 

11 (3) restores ocean primary productivity. 

12 (h) REPORT TO CONGRESS.—Not later than 1 year 

13 after the date of enactment of this Act, the Secretary shall 

14 submit to Congress a report describing— 

15 (1) the program goals and objectives adopted 

16 under subsection (d); 

17 (2) improving and enhancing techniques for 

18 ocean iron fertilization and other marine CDR tech19 niques; 

20 (3) any results, successes, and related co-bene21 fits to marine mammals and fisheries, and any di22 rect, indirect, and cumulative impacts to the envi23 ronment carrying out the pilot program established 

24 under subsection (a); 


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1 (4) the potential to undertake large-scale 

2 projects and utilize international waters for dem3 onstration projects; 

4 (5) applicability of Research and Development 

5 tax credits and other means to incentivize private in6 vestment; 

7 (6) any policies or permitting recommendations 

8 for work conducted in United States and inter9 national waters; and 

10 (7) any other information the Secretary con11 siders relevant. 

12 (i) SYMPOSIUM.—Not later than 2 years after the 

13 date of enactment of this Act, the Secretary shall convene 

14 a symposium, bringing together experts from academia, 

15 industry and government to assess the status of deploy16 ment, best practices, innovation and technologies, and on17 going research and development related to iron fertiliza18 tion and other marine CDR techniques for ocean restora19 tion. 

20 (j) WAIVER.—Notwithstanding any other provision of 

21 law, the Secretary shall have the authority to waive any 

22 other legal requirements the Secretary, in the Secretary’s 

23 sole discretion, determines necessary to ensure expeditious 

24 development and implementation of the pilot projects 

25 under this section. Any such decision by the Secretary 


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1 shall be effective upon being published in the Federal Reg2 ister. 

3 (k) FEDERAL COURT REVIEW.—The district courts 

4 of the United States shall have exclusive jurisdiction to 

5 hear all causes or claims arising from any action under6 taken, or any decision made, by the Secretary pursuant 

7 to subsection (j). A cause of action or claim may only be 

8 brought alleging a violation of the Constitution of the 

9 United States. The court shall not have jurisdiction to 

10 hear any claim not specified in this subsection. 

11 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 $33,000,000 for each of fiscal years 2025 through 2030. 

14 (m) DEFINITIONS.—In this section: 

15 (1) COASTAL WATERS.—The term ‘‘coastal 

16 waters’’ means the land and sea areas bordering the 

17 shoreline where hypoxic conditions exist or are likely 

18 to occur due to excess nutrients. 

19 (2) OCEAN RESTORATION.—The term ‘‘ocean 

20 restoration’’ includes the research and development 

21 of technologies and techniques that support the ad22 dition of trace elements or nutrients to the upper 

23 layers of the ocean for the purpose of stimulating 

24 phytoplankton activity. 


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1 (3) PELAGIC WATERS.—The term ‘‘pelagic 

2 waters’’ means the part of the open sea or ocean 

3 other than coastal waters. 

4 (4) OCEAN IRON FERTILIZATION.—The term 

5 ‘‘ocean iron fertilization’’ means introduction of low 

6 concentrations of iron to high nutrient, low chloro7 phyll regions of the ocean surface to stimulate 

8 phytoplankton production. 

9 (5) MARINE CDR TECHNIQUES.—In addition to 

10 ocean iron fertilization, other marine CDR tech11 niques include, but are not limited to, ocean alka12 linity enhancement, electrochemical approaches, and 

13 kelp and seaweed cultivation. 

Æ 


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