II 

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. 

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 ‘‘Developing Alternative 

5 Mitigation Systems for Beavers Act’’ or the ‘‘DAMS for 

6 Beavers Act’’. 

7 SEC. 2. BEAVER DAMAGE MITIGATION GRANT PROGRAM. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) an Indian Tribe (as defined in section 

4 4 of the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 5304)); 

6 (B) a State or Tribal agency; 

7 (C) a unit of local government; 

8 (D) a foundation, nonprofit organization, 

9 or institution of higher education; and 

10 (E) a partnership between— 

11 (i) 1 or more entities described in any 

12 of subparagraphs (A) through (D); and 

13 (ii) an owner of property that has sus14 tained or is at risk of sustaining property 

15 damage due to beaver activity. 

16 (2) NONLETHAL COEXISTENCE MEASURE.— 

17 (A) IN GENERAL.—The term ‘‘nonlethal 

18 coexistence measure’’ means a measure de19 signed to mitigate property damage caused by 

20 beavers that does not incorporate— 

21 (i) the gripping, trapping, injuring, or 

22 killing of a beaver; 

23 (ii) the destruction or removal of a 

24 beaver dam or lodge, unless the destruction 


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1 or removal is necessary to install flow man2 agement devices; or 

3 (iii) the relocation of a beaver. 

4 (B) INCLUSIONS.—The term ‘‘nonlethal 

5 coexistence measure’’ includes— 

6 (i) fencing used to protect culverts; 

7 (ii) fencing and paint-sand mixtures 

8 used to protect trees; 

9 (iii) fencing used to protect earthen 

10 dams from beaver burrowing; and 

11 (iv) flow management devices used to 

12 control water levels in beaver ponds. 

13 (3) PROGRAM.—The term ‘‘Program’’ means 

14 the grant program established under subsection (b). 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior, acting through the Di17 rector of the United States Fish and Wildlife Serv18 ice. 

19 (b) ESTABLISHMENT.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary shall es21 tablish and implement a grant program under which the 

22 Secretary may award grants on a competitive basis to eli23 gible entities to carry out projects that use nonlethal coex24 istence measures— 


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1 (1) to reduce property damage caused by bea2 vers; and 

3 (2) to maintain or enhance habitat for beavers 

4 and other wildlife. 

5 (c) ADMINISTRATION.—The Secretary may enter into 

6 an agreement with the National Fish and Wildlife Foun7 dation established by section 2(a) of the National Fish and 

8 Wildlife Foundation Establishment Act (16 U.S.C. 

9 3701(a)) to administer the Program in consultation with 

10 the United States Fish and Wildlife Service. 

11 (d) APPLICATION.—An eligible entity desiring a 

12 grant under the Program shall submit to the Secretary 

13 an application at such time, in such manner, and con14 taining such information as the Secretary may require, 

15 which shall include the following: 

16 (1) A description of the experience, qualifica17 tions, and training (including planned training) of 

18 the eligible entity with respect to the use of non19 lethal coexistence measures. 

20 (2) In the case of an application submitted by 

21 an eligible entity that is not a State or Tribal wild22 life or natural resources management agency (or 

23 equivalent), a certification that the eligible entity 

24 has consulted with such an agency (or equivalent). 


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1 (3) In the case of an application submitted by 

2 an eligible entity that is not an owner of the prop3 erty on which a relevant proposed project will be lo4 cated, a certification that— 

5 (A) each owner of the property consents to 

6 the project; and 

7 (B) for the duration of the project, only 

8 nonlethal coexistence measures will be used on 

9 the property for purposes of reducing property 

10 damage caused by beavers (except in the case 

11 of a circumstance subject to an exception under 

12 subsection (f)(3)(A)). 

13 (e) PRIORITY.—In awarding grants under the Pro14 gram, the Secretary may give priority to projects that— 

15 (1) include monitoring and research that facili16 tates— 

17 (A) evaluating the impact of the project; 

18 (B) gathering data for use in future 

19 projects; and 

20 (C) identifying best practices; 

21 (2) include maintenance and adaptive manage22 ment of nonlethal coexistence measures; 

23 (3) include educational and outreach activities; 

24 (4) have received Federal funding through any 

25 program established under title 23, United States 


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1 Code, or the program established under section 

2 6703(b) of title 49, United States Code, as deter3 mined in coordination with the Secretary of Trans4 portation; or 

5 (5) satisfy any other criteria the Secretary de6 termines relevant to effectively reducing damage to 

7 property by, and maintaining or enhancing habitat 

8 for, beavers and other wildlife. 

9 (f) CONDITIONS AND TERMINATION.— 

10 (1) CONDITIONS.—Except as provided in para11 graph (3), as a condition of receiving a grant under 

12 the Program, for the duration of a project carried 

13 out with grant funds awarded under the Program, 

14 an eligible entity may use only nonlethal coexistence 

15 measures for purposes of reducing property damage 

16 caused by beavers on the property on which the 

17 project is carried out. 

18 (2) TERMINATION.—Except as provided in 

19 paragraph (3), the Secretary shall terminate a grant 

20 made to an eligible entity under the Program if a 

21 measure other than a nonlethal coexistence measure 

22 is used on the property on which the relevant project 

23 is carried out for purposes of reducing property 

24 damage caused by beavers on the property. 

25 (3) EXCEPTIONS.— 


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1 (A) IN GENERAL.—Paragraphs (1) and (2) 

2 shall not apply if the Secretary determines— 

3 (i) that a measure other than a non4 lethal coexistence measure is necessary to 

5 protect human health or safety; 

6 (ii) in consultation with relevant Fed7 eral and State agencies, that a measure 

8 other than a nonlethal coexistence measure 

9 is necessary to protect a Federal or State 

10 flood control or water rights mandate; or 

11 (iii) that a project carried out with 

12 grant funds awarded under the Program 

13 has been implemented for more than 1 

14 year and the project has not sufficiently 

15 reduced property damage caused by bea16 vers on the property on which the project 

17 is carried out. 

18 (B) DOCUMENTATION.—The Secretary 

19 shall maintain a record of each determination 

20 made under subparagraph (A). 

21 (g) FEDERAL SHARE.—The Federal share of the cost 

22 of a project for which a grant is awarded under the Pro23 gram may not exceed 75 percent. 


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1 (h) FEDERAL AGENCY PARTNERSHIPS.—An eligible 

2 entity may enter into a partnership with a Federal agency 

3 for assistance in— 

4 (1) applying for a grant under the Program; or 

5 (2) carrying out a project with a grant awarded 

6 the Program. 

7 (i) ANNUAL REPORT TO CONGRESS.—Not later than 

8 90 days after the end of each fiscal year in which grants 

9 are awarded under the Program, the Secretary shall sub10 mit to Congress, and make publicly available, a report that 

11 includes— 

12 (1) a detailed description of the projects funded 

13 by grants under the Program, including the extent 

14 to which such projects represent diverse geographic 

15 areas; 

16 (2) an evaluation of the effectiveness of the 

17 Program in selecting projects according to the prior18 ities described in subsection (e); and 

19 (3) recommendations to improve the effective20 ness of the Program. 

21 (j) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated to carry out this section $3,000,000 for 

24 each of fiscal years 2025 through 2029. 


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1 (2) ADMINISTRATIVE EXPENSES.—Not more 

2 than 10 percent of the amounts made available each 

3 fiscal year to carry out this section may be used for 

4 administrative expenses of the Program. 

Æ 


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