119-s513

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 513

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.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 11, 2025

 Mr. Merkley (for himself, Mr. King, Mr. Wyden, and Mr. Padilla) 
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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Help Our Kelp Act of 2025''.

SEC. 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 2026 
 through 2030 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.
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