Coastal Seaweed Farm Act of 2023

Subjects: Public Lands and Natural Resources


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1461 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1461

  To direct the Secretary of Agriculture and the Administrator of the 
National Oceanic and Atmospheric Administration to carry out a study on 
coastal seaweed farming, issue regulation relating to such farming, and 
 establish an Indigenous seaweed farming fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2023

  Mr. Huffman (for himself and Mrs. Peltola) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Agriculture, and Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture and the Administrator of the 
National Oceanic and Atmospheric Administration to carry out a study on 
coastal seaweed farming, issue regulation relating to such farming, and 
 establish an Indigenous seaweed farming fund, 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 ``Coastal Seaweed Farm Act of 2023''.

SEC. 2. PROGRAM ON COASTAL SEAWEED FARMING.

    (a) Preliminary Study on Coastal Seaweed Farming.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretaries shall jointly submit 
        a preliminary report to Congress and publish such report on 
        such Secretaries' agency websites analyzing--
                    (A) the effects of coastal seaweed farming on 
                surrounding communities, the ecosystem, and marine and 
                coastal wildlife;
                    (B) best practices for cultivating and sourcing 
                local seeds to propagate for coastal seaweed farming;
                    (C) best practices to prevent the escape or spread 
                of any organism that would alter the natural ecosystem 
                or present a biofouling risk;
                    (D) best practices relating to species selection, 
                harvesting cycles, spatial planning and siting, 
                engineering and design, and environmental aspects of 
                coastal seaweed farming that--
                            (i) maximize benefits, and avoid adverse 
                        effects, on the marine ecosystem and marine and 
                        coastal wildlife;
                            (ii) lead to optimal yields;
                            (iii) account for the impact climate change 
                        may have on natural habitats and coastal 
                        seaweed farming operations;
                            (iv) minimize entanglements and other 
                        harmful interactions between marine life and 
                        nearshore seaweed farming infrastructure and 
                        gear;
                            (v) account for changes in migration 
                        patterns of marine mammals and highly migratory 
                        species (as defined in section 3 of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1802)); and
                            (vi) account for and avoid interference 
                        with competing uses, including vessel traffic 
                        and commercial and recreational fishing;
                    (E) the potential for growing seaweed for long-term 
                carbon sequestration and best practices for 
                measurement, reporting, and verification approaches for 
                growing seaweed for long-term carbon sequestration 
                specific to the sequestration reservoir;
                    (F) the effects of co-cultivation of bivalves with 
                seaweed on the ecosystem, ocean acidification, and 
                hypoxia levels;
                    (G) the effects of coastal seaweed farming on water 
                quality;
                    (H) best practices for limiting the use of plastic 
                in coastal seaweed farming gear;
                    (I) the history and use of Indigenous and 
                traditional seaweed farming practices;
                    (J) best practices for sustainable harvest and 
                post-harvest processing of coastal seaweed farming 
                products, including methods of reducing energy costs;
                    (K) scalable commercial applications for value-
                added seaweed or products derived from seaweed, 
                including as feedstock for animals and other 
                agricultural, commercial, and industrial applications;
                    (L) processes for processing, storage, and 
                transportation of seaweed that are cost-effective, 
                reduce carbon emissions from transportation, and 
                efficient;
                    (M) assessment of existing and potential markets 
                and market capacity for major cultivated seaweed 
                species;
                    (N) development of baseline economic analyses and 
                business planning models for major cultivated seaweed 
                species;
                    (O) the effects of water quality on the quality of 
                cultivated seaweed for human consumption, including the 
                absorption of toxic heavy metals and persistent organic 
                pollutants;
                    (P) best practices for onshore farming issues that 
                reduce energy requirements to pump water and include 
                management of effluent, spatial planning and address 
                conflicting uses of the onshore coastal zone; and
                    (Q) best practices in efficient and effective 
                Federal and State regulatory systems for coastal 
                seaweed farming.
            (2) Consultation.--In preparing the report under paragraph 
        (1), the Secretaries shall consult with--
                    (A) the Interagency Working Group on Indigenous 
                Traditional Ecological Knowledge, with respect to--
                            (i) kelp, seaweed, and shellfish 
                        cultivation;
                            (ii) the use of Tribal waters for coastal 
                        seaweed farming;
                            (iii) the impact and benefits of coastal 
                        seaweed farming on Tribal waters; and
                            (iv) best practices for engaging with 
                        Tribes on matters relating to coastal seaweed 
                        farming;
                    (B) coastal or historically coastal federally 
                recognized Tribes, State recognized Tribes, and Inter-
                Tribal organizations;
                    (C) the Interagency Working Group on Research for 
                Farming of Seaweeds and Seagrasses;
                    (D) the Interagency Working Group on Ocean 
                Acidification;
                    (E) National Science and Technology Council's Joint 
                Subcommittee on Aquaculture; and
                    (F) such other Federal, State, Tribal, and local 
                government agencies as the Secretary determines 
                appropriate.
            (3) Update.--The Secretaries shall, not later than 2 years 
        after the date on which the report required under paragraph (1) 
        is submitted, submit an updated report to Congress based on 
        pertinent information derived from Federal research programs, 
        the grant program established under subsection (c), and other 
        sources of information.
            (4) Report on regulation of seaweed food safety.--The 
        Commissioner of Food and Drugs shall, not later than 180 days 
        after the date of the enactment of this Act and in consultation 
        with such State agencies as the Commissioner determines 
        appropriate, submit a report to Congress making regulatory and 
        legislative recommendations to improve Federal regulation of 
        seaweed for human consumption, focusing on standards and 
        testing methods to identify, address, and prevent contamination 
        by bacteria, heavy metals, and pathogens.
    (b) Regulations.--The Secretaries shall, not later than 1 year 
after the publication of the study required by subsection (a), issue 
such regulations as the Secretaries determine appropriate to--
            (1) ensure that design, development, siting, species 
        selection, operation, and production systems of coastal seaweed 
        farming maximize potential benefits, and avoid potential 
        adverse effects, on the marine ecosystem, wildlife, and 
        fisheries and surrounding communities; and
            (2) establish evaluation metrics to measure the impact and 
        benefits of coastal seaweed farming on--
                    (A) the marine ecosystem, including marine 
                wildlife, biodiversity, productivity, water quality, 
                and stored carbon; and
                    (B) surrounding communities, including relating to 
                the equitable distribution of costs and benefits 
                (economic and environmental) within such communities; 
                and
            (3) require monitoring and reporting relating to--
                    (A) any adverse effects on the marine ecosystem and 
                wildlife, including entanglements of marine life; and
                    (B) any effects on commercial and recreational 
                fishing.
    (c) Indigenous Seaweed Farming Fund.--
            (1) Establishment.--The Secretaries shall, not later than 1 
        year after the date of the enactment of this Act, jointly 
        establish the Indigenous Seaweed Farming Fund to provide grants 
        to eligible entities for the purpose of supporting coastal 
        seaweed farming, including--
                    (A) obtaining, planting, growing, and maintaining a 
                coastal seaweed farm;
                    (B) purchasing equipment for coastal seaweed farm 
                operations;
                    (C) transportation, processing, and storage of 
                coastal seaweed farm products;
                    (D) funding for development and use of models and 
                measurements to identify and mitigate adverse impacts 
                of coastal seaweed farming, including monitoring and 
                signal buoys; and
                    (E) to operate a coastal seaweed farm that performs 
                restorative ecological functions, including providing 
                essential habitat to native species.
            (2) Outreach.--The Secretaries shall--
                    (A) conduct outreach and use existing programs and 
                initiatives to make eligible entities aware of the 
                Indigenous Seaweed Farming Fund;
                    (B) solicit comments and recommendations relating 
                to each stage of the operation of the grant program 
                established under subsection (a);
                    (C) solicit scientific input from eligible 
                entities, including through public meetings noticed in 
                advance and in such languages as are appropriate for 
                the community; and
                    (D) prepare, publish, and distribute to 
                institutions of higher learning, including vocational 
                schools training materials for individuals engaged in 
                coastal seaweed farming and individuals seeking 
                employment relating to such farming, including 
                Indigenous youth.
            (3) Prohibition on use of funds.--No funds provided under 
        this subsection may be used for any purpose that the Secretary 
        of Commerce or the head of a State or Tribal fishery management 
        agency determines will have an adverse affect on commercial 
        fisheries.
            (4) Limitation on size of farms.--The Secretaries shall, by 
        regulation, determine a maximum size for coastal seaweed 
        farming operations that may receive funding under this 
        subsection.
            (5) Technical assistance.--The Secretaries shall, at the 
        request of an applicant or grantee, provide technical 
        assistance to such applicant or grantee to further the purposes 
        of this subsection.
    (d) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Seaweed.--The term ``seaweed'' means macroscopic 
        multicellular marine algae species.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a federally recognized Tribe, Native Village, 
                or Tribal reservation;
                    (B) a State recognized Tribe (as such term is 
                defined in section 4 of the Native American Housing 
                Assistance and Self-Determination Act of 1996);
                    (C) a Native person of--
                            (i) Hawaii;
                            (ii) a Pacific Island;
                            (iii) Puerto Rico; or
                            (iv) the United States Virgin Islands;
                    (D) a member of an entity described in 
                subparagraphs (A) or (B); or
                    (E) any entity owned entirely by an entity 
                described in subparagraphs (A) through (C).
            (4) Federally recognized tribe.--The term ``federally 
        recognized Tribe'' has the meaning given to the term ``Indian 
        Tribe'' in section 4 of the Indian Self-Determination and 
        Education Assistance 18 Act (25 U.S.C. 5304).
            (5) Coastal seaweed farming.--The term ``coastal seaweed 
        farming'' means the onshore or nearshore propagation and 
        harvesting of seaweed and seaweed products within the coastal 
        zone (as such term is defined in section 304 of the Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1453)) that--
                    (A) does not use--
                            (i) synthetic pesticides (as the term 
                        ``pesticide'' is defined in section 2 of the 
                        Federal Insecticide, Fungicide, and Rodenticide 
                        Act (7 U.S.C. 136)); and
                            (ii) plastics, unless a suitable 
                        replacement does not exist; and
                    (B) does not produce fin fish for commercial 
                purposes.
            (6) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of Commerce, acting 
        through the Under Secretary for Oceans and Atmosphere.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated--
            (1) $3,000,000 for each of fiscal years 2023 through 2027 
        to carry out subsections (a) and (b); and
            (2) $20,000,000 for each of fiscal years 2023 through 2027 
        to carry out subsections (c), (d), and (e).
                                 &lt;all&gt;
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