II 118th CONGRESS 2d Session S. 5447 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. Short title This Act may be cited as the Developing Alternative Mitigation Systems for Beavers Act or the DAMS for Beavers Act . 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.