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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5447 Introduced in Senate (IS)]

<DOC>

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.
                                 <all>
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