II 118th CONGRESS 1st Session S. 2807 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Merkley (for himself, Mr. King , Mrs. Feinstein , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Commerce to establish and carry out a grant program to conserve, restore, and manage kelp forest ecosystems, and for other purposes.

1. Short title This Act may be cited as the Help Our Kelp Act . 2. Grants to conserve, restore, and manage kelp forest ecosystems (a) Establishment The Administrator shall establish, not later than 180 days after the date of the enactment of this Act, and carry out a grant program under which the Administrator shall award grants to eligible entities described in subsection (b) to carry out eligible projects described in subsection (c) relating to the conservation, restoration, or management of kelp forest ecosystems. (b) Eligible entities To be eligible for a grant under this section, an entity shall— (1) be— (A) a member of the fishing industry; (B) an institution of higher education; (C) a nonprofit organization; (D) an Indian Tribe; (E) a State agency; or (F) a local government; (2) consult or collaborate with any other entity described in paragraph (1) throughout the development or implementation of a project relating to the conservation, restoration, or management of kelp forest ecosystems; and (3) submit to the Administrator an application describing that project at such time, in such manner, and containing such information as the Administrator may require, including information regarding— (A) what criteria will be used to monitor and evaluate the effectiveness of the project; and (B) the qualifications of the applicant to conduct, monitor, and evaluate the project. (c) Eligible projects The Administrator shall award grants to eligible entities for projects that— (1) address the greatest relative regional declines in kelp forest ecosystems; (2) focus on elements such as— (A) the long-term resilience of kelp forest ecosystems; (B) long-term socioeconomic resilience related to kelp forest ecosystems; (C) kelp forest seeding and connectivity; (D) reestablishing or recovering natural trophic relationships and structure to support the resilience of kelp forest ecosystems through actions such as predator control through targeted urchin removal and the recovery of sunflower sea stars; (E) monitoring and assessment of kelp forest ecosystems; (F) integration of Indigenous knowledge and cultural practices into restoration and monitoring of kelp forest ecosystems through consultation with Indian Tribes or promotion of Federal or State co-management with Indian Tribes; or (G) other efforts to restore kelp forest ecosystems and prevent large scale losses of kelp forests; or (3) are identified by Indian Tribes or Federal or State restoration or management plans as focal areas for recovery of kelp forests and associated species. (d) Matching requirement (1) In general Except as provided in paragraph (2), the amount of Federal funding received as a grant under this section by an eligible entity may not exceed 85 percent of the total cost of the project for which the grant is awarded. For the purposes of this paragraph, the non-Federal share of the costs of a project may be provided by in-kind contributions and other noncash support. (2) Waiver The Administrator may waive all or part of the requirement in paragraph (1) if the Administrator determines that— (A) no reasonable means are available through which an eligible entity applying for a grant under this section can meet that requirement; (B) the probable benefit of the project outweighs the public interest in such requirement; and (C) the project undertaken is established on lands owned by or held in trust for an Indian Tribe. (e) Guidelines and criteria The Administrator shall— (1) issue guidelines for implementation of the grant program established under subsection (a); and (2) establish criteria for evaluating eligible projects based on best practices, best available science, and community engagement to rank eligible projects under subsection (c). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $5,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Availability to Indian Tribes (A) In general Of the amount authorized to be appropriated by paragraph (1) for a fiscal year, not less than $750,000 shall be available to award grants under this section to eligible entities that are Indian Tribes. (B) Contingency; outreach If no Indian tribe is awarded a grant under this section in a fiscal year— (i) for that fiscal year, the amount described in subparagraph (A) shall be made available to award grants under this section to other eligible entities; and (ii) the Administrator shall conduct outreach to inform Indian Tribes and organizations that work with Indian Tribes of the grant program established under subsection (a). (g) Definitions In this section: (1) Administrator The term Administrator means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (2) Fishing industry The term fishing industry means— (A) processors; (B) commercial fishermen; and (C) recreational fishermen. (3) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Kelp forest ecosystem The term kelp forest ecosystem means a naturally occurring, biotic system dominated by canopy-forming, stipitate, or prostrate benthic macroalgae and associated taxa. (6) Local government The term local government means a unit of general local government, a school district, or other special district established under State law. (7) Nonprofit organization The term nonprofit organization means an organization— (A) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code.