Federal

MONARCH Act of 2023

Source: Congress.gov · 1,939 words in original text

What This Bill Does

This bill creates a program and fund to help states and other groups protect western monarch butterflies from extinction. The bill says the western monarch butterfly population has declined by more than 99 percent over the past 3 decades and is at imminent risk of extinction.

Who It Affects

Local governments, tribal governments, research institutions, nonprofit organizations, state wildlife agencies, the federal government's Secretary of the Interior, and state legislatures.

Key Provisions

• The bill creates a Western Monarch Butterfly Rescue Fund that provides money for conservation projects approved by the Secretary of the Interior (Sec. 5(a)) • The Secretary can give grants to local governments, tribal governments, research institutions, and nonprofit organizations to fund projects that protect western monarch butterflies and other pollinators, but federal and state agencies cannot be the lead organization receiving the grant (Sec. 4(a) and 4(b)) • Grant project proposals must include a statement of purpose, the name of who will run the project, proof that the organization can do the work, and a plan to measure results (Sec. 4(b)(3)) • The Secretary must review grant proposals annually using a timeline that considers how urgently western monarch butterflies need protection (Sec. 4(c)) • Each organization that receives a grant must report to the Secretary on the project's progress, and the Secretary must share these reports with the public (Sec. 4(f)) • The Secretary must enter into an agreement with the National Fish and Wildlife Foundation to update and carry out the Western Monarch Butterfly Conservation Plan from January 2019 (Sec. 6(a))

What Changes

If this becomes law, the Secretary of the Interior will have a dedicated fund and process to give grants to groups working on monarch butterfly conservation projects. States will receive yearly reports on the status of western monarch butterflies and the projects being funded.

Important Definitions

The bill defines "conservation" as using methods to protect monarch butterfly habitats, including protecting and restoring overwintering, breeding, and migratory habitats; developing conservation plans; and doing community outreach and education (Sec. 3(1)). "Western monarch butterfly" refers to the monarch butterfly population that overwinters along the coast of California and breeds across California, Arizona, Nevada, Washington, Oregon, Idaho, and Utah (Sec. 3(5)).

II 118TH CONGRESS 1ST SESSION S. 857 To encourage and facilitate efforts by States and other stakeholders to con- serve and sustain the western population of monarch butterflies, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 16, 2023 Mr. MERKLEY (for himself, Ms. DUCKWORTH, Mr. BOOKER, Mr. PADILLA, Mr. VAN HOLLEN, Mr. WHITEHOUSE, Mr. LUJA´N, Mrs. FEINSTEIN, Mr. WYDEN, and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To encourage and facilitate efforts by States and other stake- holders to conserve and sustain the western population of monarch butterflies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Monarch Action, Re- 4 covery, and Conservation of Habitat Act of 2023’’ or the 5 ‘‘MONARCH Act of 2023’’. 6 SEC. 2. FINDINGS. 7 Congress finds that— 8 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 2 •S 857 IS (1) the population of western monarch butter- 1 flies is at imminent risk of extinction; 2 (2) over the past 3 decades, the population of 3 western monarch butterflies has declined by more 4 than 99 percent due to prolonged drought, loss of 5 milkweed and native pollinator habitat, loss of breed- 6 ing and overwintering habitat, and climate change; 7 (3) in 2020, the population of western monarch 8 butterflies reached a new historic low of 1,914 but- 9 terflies, falling below the predicted extinction thresh- 10 old for the third year in a row; 11 (4) the extinction of the population of migra- 12 tory western monarch butterflies is now likely to 13 occur within the next 2 decades if urgent action is 14 not taken; 15 (5) actively restoring native milkweed and nec- 16 tar plants, monarch overwintering habitat, and other 17 pollinator habitat, and ensuring that key habitats 18 are protected from destruction, are critical to ensur- 19 ing the survival of western monarch butterflies and 20 can also help facilitate conservation of other essen- 21 tial pollinators; and 22 (6) enhancing pollinator populations can result 23 in improved pollination services for neighboring land, 24 including agriculture and wildlife ecosystems. 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 3 •S 857 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) CONSERVATION.—The term ‘‘conservation’’ 3 means the use of each method or procedure nec- 4 essary to protect habitats of western monarch but- 5 terflies and other pollinators within the range of 6 western monarch butterflies, including— 7 (A) the protection, restoration, and man- 8 agement of overwintering, breeding, and migra- 9 tory habitats; 10 (B) assistance in the development and im- 11 plementation of national, regional, State, Trib- 12 al, and local conservation and management 13 plans; and 14 (C) community outreach and education. 15 (2) FUND.—The term ‘‘Fund’’ means the West- 16 ern Monarch Butterfly Rescue Fund established by 17 section 5(a). 18 (3) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Interior. 20 (4) TRIBAL GOVERNMENT.—The term ‘‘Tribal 21 government’’ means the governing body of a feder- 22 ally recognized Indian Tribe. 23 (5) WESTERN MONARCH BUTTERFLY.—The 24 term ‘‘western monarch butterfly’’ means the mon- 25 arch butterfly population that overwinters along the 26 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 4 •S 857 IS coast of the State of California and breeds across 1 the States of California, Arizona, Nevada, Wash- 2 ington, Oregon, Idaho, and Utah. 3 SEC. 4. WESTERN MONARCH BUTTERFLY CONSERVATION 4 GRANT PROGRAM. 5 (a) IN GENERAL.—Subject to the availability of 6 funds and in consultation with other relevant Federal 7 agencies, amounts deposited in the Fund shall be available 8 to the Secretary to provide grants for projects for the con- 9 servation of western monarch butterflies, and other polli- 10 nators within the range of western monarch butterflies, 11 for which project proposals are approved by the Secretary 12 in accordance with this section. 13 (b) PROJECT PROPOSALS.— 14 (1) ELIGIBLE ENTITIES.—An entity that is eli- 15 gible to receive a grant for a project under this sec- 16 tion is— 17 (A) a relevant local government or Tribal 18 government agency, research institution, or 19 nonprofit organization with expertise required 20 for the conservation of western monarch butter- 21 flies and other pollinators within the range of 22 western monarch butterflies; and 23 (B) any other entity, as determined appro- 24 priate by the Secretary, with the expertise re- 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 5 •S 857 IS quired for the conservation of western monarch 1 butterflies and other pollinators within the 2 range of western monarch butterflies. 3 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 4 A State or Federal agency— 5 (A) may not be a lead entity or receive a 6 grant for a project under this section; but 7 (B) may be included as a partner or col- 8 laborator on a project that receives a grant 9 under this section. 10 (3) REQUIRED ELEMENTS.—A proposal for a 11 project under this section shall include— 12 (A) a statement of the purposes of the 13 project; 14 (B) the name of the entity with overall re- 15 sponsibility for the project; 16 (C) a description of— 17 (i) the qualifications of the entity that 18 will conduct the project; 19 (ii) methods for project implementa- 20 tion and outcome assessment; and 21 (iii) anticipated outcomes; 22 (D) assurances that the project will be im- 23 plemented in consultation with relevant wildlife 24 management authorities, Indian Tribes, and 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 6 •S 857 IS other appropriate local government, State gov- 1 ernment, and Federal Government agencies; 2 (E) assurances that the conservation ef- 3 forts outlined in the proposal do not conflict 4 with food safety measures or practices; 5 (F) information that demonstrates the 6 clear potential of the project to contribute to 7 the conservation and recovery of western mon- 8 arch butterflies and other pollinators within the 9 range of western monarch butterflies; and 10 (G) such other information as the Sec- 11 retary may require. 12 (c) PROJECT REVIEW AND APPROVAL.—The Sec- 13 retary shall annually— 14 (1) solicit project proposals for funding under 15 this section; and 16 (2) review each proposal described in paragraph 17 (1) on a timeline that recognizes the urgency of the 18 declining number of western monarch butterflies and 19 other pollinators within the range of western mon- 20 arch butterflies to determine whether the proposal 21 meets the criteria specified in subsection (d). 22 (d) CRITERIA FOR APPROVAL.—The Secretary may 23 approve a project proposal under this section if the pro- 24 posal demonstrates a likelihood that the project will con- 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 7 •S 857 IS tribute to the conservation of western monarch butterfly 1 populations in the wild. 2 (e) TECHNICAL ASSISTANCE.—The Secretary shall 3 provide technical assistance for a project that receives a 4 grant under this section. 5 (f) PROJECT REPORTING.— 6 (1) IN GENERAL.—Each entity that receives a 7 grant for a project under this section shall submit 8 to the Secretary, at such intervals as the Secretary 9 may require, reports that include any information 10 that the Secretary determines is necessary to evalu- 11 ate the progress and success of the project for the 12 purposes of ensuring positive results, assessing prob- 13 lems, and fostering improvements. 14 (2) AVAILABILITY TO STATE LEGISLATURES.— 15 At the request of the Governor of the State in which 16 a project is conducted, each entity that receives a 17 grant for a project under this section shall submit 18 each report under paragraph (1) to the State legisla- 19 ture of that State. 20 (3) AVAILABILITY TO THE PUBLIC.—The Sec- 21 retary shall make available to the public, in a timely 22 manner— 23 (A) each report submitted under para- 24 graph (1); and 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 8 •S 857 IS (B) any other documents relating to 1 projects for which a grant is provided under 2 this section. 3 SEC. 5. WESTERN MONARCH BUTTERFLY RESCUE FUND. 4 (a) ESTABLISHMENT.—There is established in the 5 Treasury of the United States a fund, to be known as the 6 ‘‘Western Monarch Butterfly Rescue Fund’’. 7 (b) ADMINISTRATIVE EXPENSES.—Of the amounts 8 available in the Fund for each fiscal year, the Secretary 9 may expend not more than 3 percent to pay the adminis- 10 trative expenses necessary to carry out this Act. 11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated for deposit into the Fund 13 $12,500,000 for each of fiscal years 2023 through 2027, 14 to remain available until expended. 15 SEC. 6. IMPLEMENTATION OF THE WESTERN MONARCH 16 BUTTERFLY CONSERVATION PLAN. 17 (a) IN GENERAL.—The Secretary shall enter into an 18 agreement with the National Fish and Wildlife Founda- 19 tion pursuant to the National Fish and Wildlife Founda- 20 tion Establishment Act (16 U.S.C. 3701 et seq.) to facili- 21 tate updating and implementing the Western Monarch 22 Butterfly Conservation Plan prepared by the Western As- 23 sociation of Fish and Wildlife Agencies and dated January 24 2019. 25 VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS 9 •S 857 IS (b) ADMINISTRATION.—Section 10(a) of the National 1 Fish and Wildlife Foundation Establishment Act (16 2 U.S.C. 3709(a)) shall not apply with respect to— 3 (1) the agreement entered into under subsection 4 (a); or 5 (2) amounts made available to carry out this 6 section. 7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated to the Secretary to carry 9 out this section $12,500,000 for each of fiscal years 2023 10 through 2027. 11 SEC. 7. REPORT TO CONGRESS. 12 Not later than January 31 of each year, the Sec- 13 retary shall submit to Congress a report describing the 14 status of western monarch butterflies, including, with re- 15 spect to the year for which the report is submitted— 16 (1) a summary of the projects for which the 17 Secretary has provided funding under section 4 and 18 an evaluation of those projects; and 19 (2) a summary of the projects for which the 20 Secretary has provided funding through the Western 21 Monarch Butterfly Conservation Plan prepared by 22 the Western Association of Fish and Wildlife Agen- 23 cies and dated January 2019. 24 Æ VerDate Sep 11 2014 07:18 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S857.IS S857 kjohnson on DSK79L0C42PROD with BILLS

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