What This Bill Does
This bill directs the Secretary of Agriculture and the Administrator of the National Oceanic and Atmospheric Administration to study coastal seaweed farming and create regulations for it. It also establishes a fund to provide grants to Indigenous tribes and Native groups for seaweed farming projects.
##
Who It Affects
- Federally recognized Indian tribes and Native Villages
- State-recognized tribes
- Native people from Hawaii, Pacific Islands, Puerto Rico, and the U.S. Virgin Islands
- The Department of Agriculture
- The National Oceanic and Atmospheric Administration
- The Food and Drug Administration
- Commercial and recreational fishing communities
##
Key Provisions
- The Secretaries must complete a study within 2 years analyzing the effects of seaweed farming on ecosystems, communities, wildlife, best practices for growing seaweed, and potential markets for seaweed products. (Sec. 2(a)(1))
- The Secretaries must issue regulations within 1 year after the study is published to ensure seaweed farming maximizes benefits and avoids harm to marine ecosystems, wildlife, fisheries, and surrounding communities. (Sec. 2(b))
- The Secretaries must establish an Indigenous Seaweed Farming Fund within 1 year to provide grants for obtaining, planting, and maintaining seaweed farms, purchasing equipment, and processing seaweed products. (Sec. 2(c)(1))
- The Secretaries must determine a maximum size for seaweed farming operations that can receive grant funding through regulations. (Sec. 2(c)(4))
- The Food and Drug Commissioner must submit a report within 180 days recommending improvements to federal food safety regulations for seaweed intended for human consumption, focusing on standards to prevent contamination. (Sec. 2(a)(4))
##
What Changes
The federal government will now study seaweed farming practices and their impacts before creating new rules. Indigenous tribes and Native groups will become eligible to receive federal grants to start and operate seaweed farms. The government will establish safety standards and best practices for seaweed farming operations in coastal areas.
##
Important Definitions
**Seaweed** means large multicellular marine algae species. (Sec. 2(d)(2))
**Eligible entity** means federally recognized tribes, state-recognized tribes, Native people from Hawaii and other U.S. territories, members of those groups, or entities entirely owned by those groups. (Sec. 2(d)(3))
**Coastal seaweed farming** means growing and harvesting seaweed in coastal areas that does not use synthetic pesticides or plastics (unless no suitable replacement exists) and does not produce commercial fish farming. (Sec. 2(d)(5))
**Secretaries** means the Secretary of Agriculture and the Secretary of Commerce working through the Undersecretary for Oceans and Atmosphere. (Sec. 2(d)(6))
##
Effective Date
Not specified in bill text
I
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 addi-
tion 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 com-
mittee 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 pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1461 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Coastal Seaweed Farm
2
Act of 2023’’.
3
SEC. 2. PROGRAM ON COASTAL SEAWEED FARMING.
4
(a) PRELIMINARY STUDY
ON COASTAL SEAWEED
5
FARMING.—
6
(1) IN GENERAL.—Not later than 2 years after
7
the date of the enactment of this Act, the Secre-
8
taries shall jointly submit a preliminary report to
9
Congress and publish such report on such Secre-
10
taries’ agency websites analyzing—
11
(A) the effects of coastal seaweed farming
12
on surrounding communities, the ecosystem,
13
and marine and coastal wildlife;
14
(B) best practices for cultivating and
15
sourcing local seeds to propagate for coastal
16
seaweed farming;
17
(C) best practices to prevent the escape or
18
spread of any organism that would alter the
19
natural ecosystem or present a biofouling risk;
20
(D) best practices relating to species selec-
21
tion, harvesting cycles, spatial planning and
22
siting, engineering and design, and environ-
23
mental aspects of coastal seaweed farming
24
that—
25
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1461 IH
(i) maximize benefits, and avoid ad-
1
verse effects, on the marine ecosystem and
2
marine and coastal wildlife;
3
(ii) lead to optimal yields;
4
(iii) account for the impact climate
5
change may have on natural habitats and
6
coastal seaweed farming operations;
7
(iv) minimize entanglements and other
8
harmful interactions between marine life
9
and nearshore seaweed farming infrastruc-
10
ture and gear;
11
(v) account for changes in migration
12
patterns of marine mammals and highly
13
migratory species (as defined in section 3
14
of the Magnuson-Stevens Fishery Con-
15
servation and Management Act (16 U.S.C.
16
1802)); and
17
(vi) account for and avoid interference
18
with competing uses, including vessel traf-
19
fic and commercial and recreational fish-
20
ing;
21
(E) the potential for growing seaweed for
22
long-term carbon sequestration and best prac-
23
tices
for
measurement,
reporting,
and
24
verification approaches for growing seaweed for
25
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1461 IH
long-term carbon sequestration specific to the
1
sequestration reservoir;
2
(F) the effects of co-cultivation of bivalves
3
with seaweed on the ecosystem, ocean acidifica-
4
tion, and hypoxia levels;
5
(G) the effects of coastal seaweed farming
6
on water quality;
7
(H) best practices for limiting the use of
8
plastic in coastal seaweed farming gear;
9
(I) the history and use of Indigenous and
10
traditional seaweed farming practices;
11
(J) best practices for sustainable harvest
12
and post-harvest processing of coastal seaweed
13
farming products, including methods of reduc-
14
ing energy costs;
15
(K) scalable commercial applications for
16
value-added seaweed or products derived from
17
seaweed, including as feedstock for animals and
18
other agricultural, commercial, and industrial
19
applications;
20
(L) processes for processing, storage, and
21
transportation of seaweed that are cost-effec-
22
tive, reduce carbon emissions from transpor-
23
tation, and efficient;
24
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 1461 IH
(M) assessment of existing and potential
1
markets and market capacity for major cul-
2
tivated seaweed species;
3
(N) development of baseline economic anal-
4
yses and business planning models for major
5
cultivated seaweed species;
6
(O) the effects of water quality on the
7
quality of cultivated seaweed for human con-
8
sumption, including the absorption of toxic
9
heavy metals and persistent organic pollutants;
10
(P) best practices for onshore farming
11
issues that reduce energy requirements to pump
12
water and include management of effluent, spa-
13
tial planning and address conflicting uses of the
14
onshore coastal zone; and
15
(Q) best practices in efficient and effective
16
Federal and State regulatory systems for coast-
17
al seaweed farming.
18
(2) CONSULTATION.—In preparing the report
19
under paragraph (1), the Secretaries shall consult
20
with—
21
(A) the Interagency Working Group on In-
22
digenous Traditional Ecological Knowledge,
23
with respect to—
24
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 1461 IH
(i) kelp, seaweed, and shellfish cultiva-
1
tion;
2
(ii) the use of Tribal waters for coast-
3
al seaweed farming;
4
(iii) the impact and benefits of coastal
5
seaweed farming on Tribal waters; and
6
(iv) best practices for engaging with
7
Tribes on matters relating to coastal sea-
8
weed farming;
9
(B) coastal or historically coastal federally
10
recognized Tribes, State recognized Tribes, and
11
Inter-Tribal organizations;
12
(C) the Interagency Working Group on Re-
13
search
for
Farming
of
Seaweeds
and
14
Seagrasses;
15
(D) the Interagency Working Group on
16
Ocean Acidification;
17
(E) National Science and Technology
18
Council’s Joint Subcommittee on Aquaculture;
19
and
20
(F) such other Federal, State, Tribal, and
21
local government agencies as the Secretary de-
22
termines appropriate.
23
(3) UPDATE.—The Secretaries shall, not later
24
than 2 years after the date on which the report re-
25
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 1461 IH
quired under paragraph (1) is submitted, submit an
1
updated report to Congress based on pertinent infor-
2
mation derived from Federal research programs, the
3
grant program established under subsection (c), and
4
other sources of information.
5
(4) REPORT
ON
REGULATION
OF
SEAWEED
6
FOOD
SAFETY.—The Commissioner of Food and
7
Drugs shall, not later than 180 days after the date
8
of the enactment of this Act and in consultation
9
with such State agencies as the Commissioner deter-
10
mines appropriate, submit a report to Congress
11
making regulatory and legislative recommendations
12
to improve Federal regulation of seaweed for human
13
consumption, focusing on standards and testing
14
methods to identify, address, and prevent contami-
15
nation by bacteria, heavy metals, and pathogens.
16
(b) REGULATIONS.—The Secretaries shall, not later
17
than 1 year after the publication of the study required
18
by subsection (a), issue such regulations as the Secretaries
19
determine appropriate to—
20
(1) ensure that design, development, siting, spe-
21
cies selection, operation, and production systems of
22
coastal seaweed farming maximize potential benefits,
23
and avoid potential adverse effects, on the marine
24
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 1461 IH
ecosystem, wildlife, and fisheries and surrounding
1
communities; and
2
(2) establish evaluation metrics to measure the
3
impact and benefits of coastal seaweed farming on—
4
(A) the marine ecosystem, including ma-
5
rine wildlife, biodiversity, productivity, water
6
quality, and stored carbon; and
7
(B) surrounding communities, including
8
relating to the equitable distribution of costs
9
and benefits (economic and environmental)
10
within such communities; and
11
(3) require monitoring and reporting relating
12
to—
13
(A) any adverse effects on the marine eco-
14
system and wildlife, including entanglements of
15
marine life; and
16
(B) any effects on commercial and rec-
17
reational fishing.
18
(c) INDIGENOUS SEAWEED FARMING FUND.—
19
(1) ESTABLISHMENT.—The Secretaries shall,
20
not later than 1 year after the date of the enactment
21
of this Act, jointly establish the Indigenous Seaweed
22
Farming Fund to provide grants to eligible entities
23
for the purpose of supporting coastal seaweed farm-
24
ing, including—
25
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•HR 1461 IH
(A) obtaining, planting, growing, and
1
maintaining a coastal seaweed farm;
2
(B) purchasing equipment for coastal sea-
3
weed farm operations;
4
(C) transportation, processing, and storage
5
of coastal seaweed farm products;
6
(D) funding for development and use of
7
models and measurements to identify and miti-
8
gate adverse impacts of coastal seaweed farm-
9
ing, including monitoring and signal buoys; and
10
(E) to operate a coastal seaweed farm that
11
performs restorative ecological functions, in-
12
cluding providing essential habitat to native
13
species.
14
(2) OUTREACH.—The Secretaries shall—
15
(A) conduct outreach and use existing pro-
16
grams and initiatives to make eligible entities
17
aware of the Indigenous Seaweed Farming
18
Fund;
19
(B) solicit comments and recommendations
20
relating to each stage of the operation of the
21
grant program established under subsection (a);
22
(C) solicit scientific input from eligible en-
23
tities, including through public meetings noticed
24
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
10
•HR 1461 IH
in advance and in such languages as are appro-
1
priate for the community; and
2
(D) prepare, publish, and distribute to in-
3
stitutions of higher learning, including voca-
4
tional schools training materials for individuals
5
engaged in coastal seaweed farming and indi-
6
viduals seeking employment relating to such
7
farming, including Indigenous youth.
8
(3) PROHIBITION
ON
USE
OF
FUNDS.—No
9
funds provided under this subsection may be used
10
for any purpose that the Secretary of Commerce or
11
the head of a State or Tribal fishery management
12
agency determines will have an adverse affect on
13
commercial fisheries.
14
(4) LIMITATION ON SIZE OF FARMS.—The Sec-
15
retaries shall, by regulation, determine a maximum
16
size for coastal seaweed farming operations that may
17
receive funding under this subsection.
18
(5) TECHNICAL ASSISTANCE.—The Secretaries
19
shall, at the request of an applicant or grantee, pro-
20
vide technical assistance to such applicant or grantee
21
to further the purposes of this subsection.
22
(d) DEFINITIONS.—In this section:
23
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
11
•HR 1461 IH
(1) ADMINISTRATOR.—The term ‘‘Adminis-
1
trator’’ means the Administrator of the National
2
Oceanic and Atmospheric Administration.
3
(2) SEAWEED.—The term ‘‘seaweed’’ means
4
macroscopic multicellular marine algae species.
5
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
6
ty’’ means—
7
(A) a federally recognized Tribe, Native
8
Village, or Tribal reservation;
9
(B) a State recognized Tribe (as such term
10
is defined in section 4 of the Native American
11
Housing Assistance and Self-Determination Act
12
of 1996);
13
(C) a Native person of—
14
(i) Hawaii;
15
(ii) a Pacific Island;
16
(iii) Puerto Rico; or
17
(iv) the United States Virgin Islands;
18
(D) a member of an entity described in
19
subparagraphs (A) or (B); or
20
(E) any entity owned entirely by an entity
21
described in subparagraphs (A) through (C).
22
(4) FEDERALLY
RECOGNIZED
TRIBE.—The
23
term ‘‘federally recognized Tribe’’ has the meaning
24
given to the term ‘‘Indian Tribe’’ in section 4 of the
25
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
12
•HR 1461 IH
Indian Self-Determination and Education Assistance
1
18 Act (25 U.S.C. 5304).
2
(5) COASTAL
SEAWEED
FARMING.—The term
3
‘‘coastal seaweed farming’’ means the onshore or
4
nearshore propagation and harvesting of seaweed
5
and seaweed products within the coastal zone (as
6
such term is defined in section 304 of the Coastal
7
Zone Management Act of 1972 (16 U.S.C. 1453))
8
that—
9
(A) does not use—
10
(i) synthetic pesticides (as the term
11
‘‘pesticide’’ is defined in section 2 of the
12
Federal
Insecticide,
Fungicide,
and
13
Rodenticide Act (7 U.S.C. 136)); and
14
(ii) plastics, unless a suitable replace-
15
ment does not exist; and
16
(B) does not produce fin fish for commer-
17
cial purposes.
18
(6) SECRETARIES.—The term ‘‘Secretaries’’
19
means the Secretary of Agriculture and the Sec-
20
retary of Commerce, acting through the Under Sec-
21
retary for Oceans and Atmosphere.
22
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
23
authorized to be appropriated—
24
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB
13
•HR 1461 IH
(1) $3,000,000 for each of fiscal years 2023
1
through 2027 to carry out subsections (a) and (b);
2
and
3
(2) $20,000,000 for each of fiscal years 2023
4
through 2027 to carry out subsections (c), (d), and
5
(e).
6
Æ
VerDate Sep 11 2014
05:28 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H1461.IH
H1461
pbinns on DSKJLVW7X2PROD with $$_JOB