Coastal Seaweed Farm Act of 2023

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. 1. Short title This Act may be cited as the Coastal Seaweed Farm Act of 2023 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 (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 (2) Seaweed The term seaweed (3) Eligible entity The term eligible entity (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 Indian Tribe 25 U.S.C. 5304 (5) Coastal seaweed farming The term coastal seaweed farming 16 U.S.C. 1453 (A) does not use— (i) synthetic pesticides (as the term pesticide 7 U.S.C. 136 (ii) plastics, unless a suitable replacement does not exist; and (B) does not produce fin fish for commercial purposes. (6) Secretaries The term Secretaries (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).

Summary: Coastal Seaweed Farm Act of 2023 This bill directs the Department of Agriculture (USDA) and the National Oceanic and Atmospheric Administration (NOAA) to (1) establish the Indigenous Seaweed Farming Fund, (2) prepare a joint study of coastal seaweed farming, and (3) issue regulations addressing seaweed farming. The Indigenous Seaweed Farming Fund must provide grants to tribes, Native villages, tribal reservations, and specified Native people to support coastal seaweed farming, including for creating and maintaining coastal seaweed farms, purchasing equipment, and identifying and mitigating adverse impacts. The joint study must analyze best practices for coastal seaweed farming that maximize potential benefits and avoid adverse effects on the surrounding environment. Within one year of the publication of the joint study, USDA and NOAA must issue regulations that ensure that systems of coastal seaweed farming maximize potential benefits and avoid potential adverse effects on the marine ecosystem, wildlife, fisheries, and surrounding communities; establish evaluation metrics to measure the impact and benefits of coastal seaweed farming on the marine ecosystem and surrounding communities; and establish related monitoring and reporting requirements. The bill also requires the Food and Drug Administration to report to Congress on recommendations for improving the regulation of seaweed for human consumption. The recommendations must focus on standards and testing methods to identify, address, and prevent contamination by bacteria, heavy metals, and pathogens.