118th CONGRESS 1st Session |
To improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.
July 18, 2023
Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Improving Agriculture, Research, Cultivation, Timber, and Indigenous Commodities (ARCTIC) Act”.
(b) Table of contents.—The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 101. Improving micro-grants for food security program.
Sec. 102. Grants and loans for food distribution in frontier communities.
Sec. 103. Acceptance of SNAP benefits through online transactions for certain delivery costs.
Sec. 104. Pilot program to purchase locally produced food.
Sec. 105. Wild USA seafood label.
Sec. 106. Market name for genetically engineered fish.
Sec. 107. Market name for cultivated fish.
Sec. 201. Forgivable loans for small commercial food processing.
Sec. 301. Denali Housing Fund.
Sec. 401. Country of origin labeling for cooked crab.
Sec. 402. Eligibility of wild-caught fish and shellfish.
Sec. 403. Domestic seafood production.
Sec. 404. Grant program to promote the reuse, recycling, and sustainable use of marine products from seafood industry.
Sec. 405. Extension of credit to businesses providing services to producers or harvesters of aquatic products.
Sec. 501. Funding for agricultural research in States without Agricultural Research Service facilities.
Sec. 502. Seaweed methane reduction research grants.
Sec. 503. Urban, indoor, and other emerging agricultural production research, education, and extension initiative.
Sec. 504. Reports and regulations on coastal seaweed farming.
Sec. 601. Community wood energy and wood innovation program.
Sec. 701. Limitation on procurement.
Sec. 801. Agricultural self-determination and self-governance.
Sec. 802. Buy Indian Act modifications.
Sec. 803. Water systems for Alaska Native villages and rural villages.
In this Act, the term “Secretary” means the Secretary of Agriculture.
Section 4206 of the Agriculture Improvement Act of 2018 (7 U.S.C. 7518) is amended—
(1) in subsection (c), by striking “competitive distribution of subgrants” and inserting “distribution of subgrants or other financial assistance”;
(2) in subsection (d), by striking paragraph (3);
(A) in the subsection heading, by inserting “and other financial assistance” after “Subgrants”;
(i) in subparagraph (A), in the matter preceding clause (i), by inserting “or other financial assistance provided” after “subgrant”;
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraph (C) as subparagraph (B); and
(iv) in subparagraph (B) (as so redesignated), by inserting “or other financial assistance provided” after “subgrant”;
(i) in the matter preceding subparagraph (A), by striking “competitive distribution of subgrants under subsection (c)” and inserting “distribution of subgrants or other financial assistance under this section”; and
(ii) in subparagraph (A), by inserting “or other financial assistance provided” after “subgrant”;
(D) in paragraph (3), by inserting “or other financial assistance under this section” after “subgrants”;
(E) in paragraph (4), in the matter preceding subparagraph (A), by inserting “or other financial assistance provided” after “subgrant”; and
(F) in paragraph (5), by inserting “or other financial assistance” after “subgrant”; and
(A) by inserting “or other financial assistance” after “subgrant” each place it appears; and
(B) in subparagraph (B), by striking “subgrants by eligible entities” and inserting “subgrant or other financial assistance by the eligible entity”.
Subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end the following:
“SEC. 310J. Grants and loans for food distribution in frontier communities.
“(1) ELIGIBLE COMMUNITY.—The term ‘eligible community’ means—
“(A) a frontier community that—
“(i) is located in a noncontiguous State;
“(ii) does not have a food bank or food pantry as of the date of submission of an application for a grant or loan under this section; and
“(iii) is determined to be Frontier Level 4 in accordance with the most recent version of the Frontier and Remote Communities Code developed by the Economic Research Service; and
“(i) is located in a noncontiguous State;
“(ii) does not have a food bank or food pantry as of the date of submission of an application for a grant or loan under this section; and
“(iii) is determined to be Frontier Level 3 in accordance with the most recent version of the Frontier and Remote Communities Code developed by the Economic Research Service.
“(2) 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 Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
“(C) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
“(b) Establishment.—The Secretary shall establish a program to provide grants and loans to eligible entities to establish food banks or food pantries in eligible communities.
“(c) Eligible activities.—An eligible entity that receives a grant or loan under subsection (b) may use the grant or loan for—
“(1) the construction or renovation of facilities;
“(2) wages and benefits for employees;
“(3) equipment to keep food and beverages cold or frozen, as appropriate;
“(4) transportation of foods and beverages from rural hub communities to outlying villages, including by air, barge, or surface transportation; and
“(5) such other activities as the Secretary determines to be appropriate.
“(1) IN GENERAL.—Subject to paragraphs (2) and (3), the interest rate of a loan under subsection (b) shall be established by the Secretary, for each quarter of the applicable fiscal year, based on the rate prescribed in Rural Development Instruction 440.1, exhibit B (or a successor instruction), as in effect on the date on which the loan is approved.
“(2) ADJUSTMENT.—The interest rate established under paragraph (1) shall be adjusted to the nearest 1⁄8 of 1 percent.
“(A) IN GENERAL.—Notwithstanding paragraph (1), before the closing date of a loan under subsection (b), the eligible entity applying for the loan may submit to the Secretary a written request that the interest rate to be charged for the loan be equal to the lesser of—
“(i) the interest rate in effect on the date of the loan approval; and
“(ii) the interest rate in effect on the date of the loan closing.
“(B) TEMPORARY DEBT INSTRUMENTS.—If a request submitted under subparagraph (A) is approved by the Secretary providing that the applicable interest rate shall be the interest rate in effect on the date of the loan closing, the interest rate charged on a loan involving multiple advances of Federal funds using temporary debt instruments shall be the interest rate in effect on the date on which the first applicable temporary debt instrument is issued.
“(e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000.”.
Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—
(1) in paragraph (1), by striking “(4)” and inserting “(5)”;
(2) in paragraph (2)(B), by inserting “except as provided in paragraph (3),” before “ensure”;
(3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
“(3) DELIVERY COSTS.—Benefits may be used for the fees and charges described in paragraph (2)(B) in the case of the purchase of foods that must be delivered to, but not within, a rural hub community or outlying village in a noncontiguous State.”.
Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended—
(A) by striking “distribution, to store, handle or distribute” and inserting the following: “distribution—
“(1) to store, handle, or distribute”;
(B) in paragraph (1) (as so designated), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(2) to purchase locally produced food in accordance with the pilot program established under subsection (g).”; and
(2) by adding at the end the following:
“(g) Pilot program To purchase locally produced food.—The Secretary shall establish a pilot program under which the Secretary shall permit emergency feeding organizations participating in the program authorized by this Act to use those funds to purchase locally produced food to supplement the commodities provided by the Secretary under this Act.”.
Title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“In this subtitle:
“(1) FISH.—The term ‘fish’ means finfish, mollusks, crustaceans, and all other forms of aquatic animal and plant life other than aquatic mammals and birds.
“(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.
“SEC. 298B. Wild USA seafood label.
“(a) In general.—A retailer of fish or person engaged in the business of supplying fish to a retailer may label the fish as ‘wild USA seafood’, ‘wild American seafood’, or any equivalent designation only if—
“(A) naturally born in the wild; or
“(B) a hatchery-originated fish released in the wild;
“(2) the fish is caught, taken, or harvested from—
“(A) waters within the exclusive economic zone (as defined in section 107 of title 46, United States Code); or
“(B) navigable waters (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)); and
“(3) if the fish is caught, taken, or harvested by a vessel, that vessel is a vessel of the United States (as defined in section 3 of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1802)).
“(1) IN GENERAL.—The information described in subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the fish, or on the package, display, holding unit, or bin containing the fish, at the final point of sale to consumers.
“(2) LABELED COMMODITIES.—If fish is already individually labeled for retail sale with the label described in subsection (a), the retailer shall not be required to provide any additional information to comply with this section.
“(a) Warnings.—If the Secretary determines that a retailer of fish or person engaged in the business of supplying fish to a retailer is in violation of section 298B, the Secretary shall—
“(1) notify the retailer or person of the determination of the Secretary; and
“(2) provide the retailer or person a 30-day period, beginning on the date on which the retailer or person receives the notice under paragraph (1) from the Secretary, during which the retailer or person may take necessary steps to comply with section 298B.
“(1) IN GENERAL.—The Secretary may fine a retailer or person under paragraph (2) if, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person—
“(A) has not made a good faith effort to comply with section 298B; and
“(B) continues to willfully violate section 298B with respect to the violation regarding which the retailer or person received a notification under subsection (a)(1).
“(2) NOTICE AND HEARING; AMOUNT.—After providing notice and an opportunity for a hearing before the Secretary with respect to the violation described in paragraph (1), the Secretary may fine the retailer or person in an amount equal to not more than $10,000 for each violation.
“The Secretary may promulgate such regulations as are necessary to implement this subtitle.”.
(a) In general.—Notwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639 et seq.), or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any fish product that is genetically engineered shall include the words “Genetically Engineered” or “GE” prior to the existing acceptable market name.
(b) Genetically engineered described.—For purposes of this section, a fish product shall be considered to be genetically engineered if the fish product has been modified by recombinant DNA (rDNA) techniques, including the entire lineage of fish that contain the rDNA modification.
(a) In general.—Notwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639 et seq.) or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any fish product that is laboratory-grown shall include the word “Cultivated” prior to the existing acceptable market name.
(b) Cultivated described.—For purposes of this section, a fish product shall be considered to be cultivated if the fish product is derived from the harvested cells of fish and grown in a laboratory setting.
(a) Definition of eligible entity.—In this section, the term “eligible entity” means an individual or entity that is an agricultural producer or owns or operates, or seeks to own or operate, a commercial food processing operation that—
(1) holds a commercial license issued by a noncontiguous State; and
(2) (A) carries on a farming business (within the meaning of section 263A(e)(4) of the Internal Revenue Code of 1986); or
(B) conducts a commercial food processing operation that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Establishment.—The Secretary shall establish a program, to be known as the “Arctic Agriculture Accelerator Loan Program”, to provide—
(1) loans to eligible entities to start or expand a small commercial food processing operation; and
(2) forgiveness of those loans in accordance with subsection (f).
(c) Applications.—To apply for a loan under subsection (b)(1), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of activities described in subsection (d) that the eligible entity will carry out using the loan.
(d) Eligible activities.—An eligible entity that receives a loan under subsection (b)(1) may use the loan funds for the purchase and installation of equipment, the construction or renovation of facilities, or any other activity to create or expand the capacity of the eligibility entity to process, store, or distribute locally produced food.
(e) Loan amounts.—The amount of a loan under subsection (b)(1) shall be—
(1) $150,000 in the case of an eligible entity that owns or operates, or seeks to own or operate, a small commercial food processing operation for specialty crops or grains; and
(2) $250,000 in the case of an eligible entity that owns or operates, or seeks to own or operate, a small commercial food processing operation for meat, poultry, egg, aquaculture, or wild-caught fish products.
(f) Loan forgiveness.—The Secretary shall forgive the indebtedness of a borrower of a loan under subsection (b)(1) if the Secretary determines that the borrower has successfully carried out the activities described in the application submitted by the borrower under subsection (c).
(g) Authorization of appropriations.—There is authorized to be appropriated for the cost of loans and forgiveness of loans to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.
(a) Definitions.—In this section:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) a nonprofit organization;
(B) a limited dividend organization;
(C) a cooperative organization;
(D) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(E) a public entity, such as a municipality, county, district, authority, or other political subdivision of a State.
(2) FEDERAL COCHAIR.—The term “Federal Cochair” means the Federal Cochair of the Denali Commission.
(3) FUND.—The term “Fund” means the Denali Housing Fund established under subsection (b)(1).
(4) LOW-INCOME.—The term “low-income”, with respect to a household means that the household income is less than 150 percent of the Federal poverty level for the State of Alaska.
(5) MODERATE-INCOME.—The term “moderate-income”, with respect to a household, means that the household income is less than 250 percent of the Federal poverty level for the State of Alaska.
(6) RURAL ALASKA VILLAGE.—The term “rural Alaska village” means a rural community or Native village in Alaska that—
(A) (i) is located in an unorganized borough; and
(ii) has a population of fewer than 1,000 inhabitants; or
(B) (i) is located in a borough; and
(ii) is not connected by road to—
(I) Anchorage, Alaska; or
(II) Fairbanks, Alaska.
(1) ESTABLISHMENT.—There shall be established in the Treasury of the United States the Denali Housing Fund, to be administered by the Federal Cochair.
(2) SOURCE AND USE OF AMOUNTS IN FUND.—
(A) IN GENERAL.—Amounts allocated to the Federal Cochair for the purpose of carrying out this section shall be deposited in the Fund.
(B) USES.—The Federal Cochair shall use the Fund as a revolving fund to carry out the purposes of this section.
(C) INVESTMENT.—The Federal Cochair may invest amounts in the Fund that are not necessary for operational expenses in bonds or other obligations, the principal and interest of which are guaranteed by the Federal Government.
(D) GENERAL EXPENSES.—The Federal Cochair may charge the general expenses of carrying out this section to the Fund.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2024 through 2029.
(c) Purposes.—The purposes of this section are—
(1) to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low-income households and moderate-income households; and
(2) to provide housing for public employees.
(1) IN GENERAL.—The Federal Cochair may provide grants and loans from the Fund to eligible entities under such terms and conditions the Federal Cochair may prescribe.
(2) PURPOSE.—The purpose of a grant or loan under paragraph (1) shall be for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low-income and moderate-income households in rural Alaska villages.
(e) Providing amounts to States for grants and loans.—The Federal Cochair may provide amounts to the State of Alaska, or political subdivisions thereof, for making the grants and loans described in subsection (d).
(1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection (d) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be for not more than 90 percent of that cost.
(2) INTEREST.—A loan under subsection (d) shall be made without interest, except that a loan made to an eligible entity established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for that type of project.
(A) IN GENERAL.—The Federal Cochair shall require payment of a loan made under this section under terms and conditions the Secretary may require by not later than the date of completion of the project.
(B) CANCELLATION.—For a loan other than a loan to an eligible entity established for profit, the Secretary may cancel any part of the debt with respect to a loan made under subsection (d) if the Secretary determines that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under subsection (d).
(1) IN GENERAL.—A grant under this section for expenses incidental to planning and obtaining financing for a project described in this section that the Federal Cochair considers unrecoverable from the proceeds of a permanent loan made to finance the project—
(A) may not be made to an eligible entity established for profit; and
(B) may not exceed 90 percent of those expenses.
(2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—
(A) IN GENERAL.—The Federal Cochair may make grants and commitments for grants under terms and conditions the Federal Cochair may require to eligible entities for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, if the grant or commitment—
(i) is essential to ensuring that housing is constructed on the site in the future; and
(ii) otherwise meets the requirements for assistance under this section.
(B) MAXIMUM AMOUNTS.—The amount of a grant under this paragraph may not—
(i) with respect to the construction of housing, exceed 40 percent of the cost of the construction; and
(ii) with respect to the rehabilitation of housing, exceed 10 percent of the reasonable value of the rehabilitation, as determined by the Federal Cochair.
(h) Information, advice, and technical assistance.—The Federal Cochair may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low-income or moderate-income households, or for public employees, in rural Alaska villages under this section.
Section 281(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(1)) is amended—
(1) in subparagraph (B), by striking “The term” and inserting “Except as provided in subparagraph (C), the term”; and
(2) by adding at the end the following:
(1) DEFINITIONS OF FARMER AND FARMING.—Section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)) is amended—
(A) in paragraph (1), by striking “farming.” and inserting “farming or commercial fishing.”;
(B) in paragraph (2), by striking “farming.” and inserting “farming and commercial fishing.”; and
(C) by adding at the end the following:
“(A) IN GENERAL.—The term ‘commercial fishing’ means fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade.
“(B) ASSOCIATED DEFINITION OF FISH.—For purposes of subparagraph (A), the term ‘fish’—
“(i) means finfish, mollusks, crustaceans, and all other forms of aquatic animal and plant life; but
“(I) marine mammals; or
“(II) birds.”.
(2) FARM OWNERSHIP LOANS.—Section 303(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)) is amended by adding at the end the following:
“(3) COMMERCIAL FISHERS.—A commercial fisher may use a direct or guaranteed loan under this subtitle for—
“(A) acquiring a commercial fishing permit; and
“(B) acquiring, operating, and maintaining a commercial fishing vessel.”.
(3) FARM OPERATING LOANS.—Section 312 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1942) is amended by adding at the end the following:
“(f) Commercial fishers.—A commercial fisher may use a direct or guaranteed loan under this subtitle for acquiring, operating, and maintaining a commercial fishing vessel.”.
(b) Farmers' markets and local food promotion program.—Section 210A(d)(6) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(d)(6)) is amended by adding at the end the following:
“(F) ELIGIBILITY OF WILD-CAUGHT FISH AND SHELLFISH.—For purposes of this paragraph, an agricultural commodity or product described in subsection (a)(12) shall include fish (as defined in paragraph (14)(B) of section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))).”.
(a) Definitions.—In this section:
(1) MARICULTURE.—The term “mariculture” means shellfish and aquatic plants grown under controlled conditions.
(2) RURAL COMMUNITY.—The term “rural community” means a coastal community located in a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
(3) SEAFOOD.—The term “seafood” means wild-caught finfish and shellfish.
(b) Action plan and selection of coastal communities.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, shall develop an action plan to facilitate increased domestic processing of United States-caught seafood and mariculture.
(2) INCLUSIONS.—The action plan developed under paragraph (1) shall include—
(A) an identification of coastal communities in which—
(i) commercial fishing is a significant economic driver; and
(ii) there exists a need, and voiced community desire, for the creation of new (or rehabilitation of existing) seafood processing infrastructure to allow those communities—
(I) to effectively process the catch of the communities locally; and
(II) to provide for the local and domestic market;
(B) an identification of coastal communities with existing or developing mariculture operations in which processing infrastructure is not sufficient to meet the needs of the mariculture operations;
(C) a consideration of the diversity of coastal communities, including geographic diversity;
(D) an assessment of the number of coastal communities described in subparagraphs (A) through (C) that qualify as rural communities; and
(E) an analysis of the current domestic seafood supply chain, including a carbon footprint.
(3) SELECTION OF ELIGIBLE COMMUNITIES.—The action plan developed under paragraph (1) shall include a selection of 5 coastal communities across the United States that would be eligible for the grants and cooperative agreements under subsection (c).
(4) STAKEHOLDER ENGAGEMENT.—In developing the action plan under paragraph (1), the Secretary, in consultation with the Secretary of Commerce, shall provide a meaningful stakeholder engagement process that—
(A) prioritizes outreach and engagement through methods that effectively reach residents of rural communities described in subparagraphs (A) through (C) of paragraph (2); and
(B) provides an opportunity for public comment regarding a draft of the action plan, and incorporation of any comments received by the date that is 60 days after the end of the public comment period.
(c) Grants and cooperative agreements To support local seafood processing.—
(1) IN GENERAL.—Using funds made available under subsection (f), the Secretary shall, for the period of fiscal years 2024 and 2025, make competitive grants or enter into cooperative agreements—
(A) to support pilot projects for new seafood or mariculture processing infrastructure in eligible communities selected under subsection (b)(3);
(B) to support pilot projects for the rehabilitation, repair, or retrofitting of existing seafood or mariculture processing infrastructure in those eligible communities;
(C) to host onsite local training, education, outreach, and technical assistance initiatives for working waterfront populations in those communities; or
(D) to provide preference for community members from those eligible communities in the startup of pilot seafood or mariculture processing facilities exclusively designed for serving domestic and local markets, which shall include—
(i) entrepreneurship and business training;
(ii) financial and risk management training; and
(iii) food safety and recordkeeping.
(2) ELIGIBILITY.—To be eligible to receive a grant or enter into a cooperative agreement under paragraph (1), the recipient of the grant or participant in the cooperative agreement shall be—
(A) a collaborative State, Tribal, local, or regionally based network or partnership of public or private entities; or
(B) an individual seafood or mariculture processing company.
(3) PRIORITIES.—In making grants or entering into cooperative agreements under paragraph (1), the Secretary shall give priority to—
(i) to sell a substantial quantity of seafood domestically, as determined by the Secretary;
(ii) to meaningful local-hire practices, as determined by the Secretary;
(iii) to avoiding additional overburdening of rural communities, such as by minimizing additional vehicular traffic; and
(iv) to supporting innovative transportation networks to minimize adverse impacts on adjacent communities;
(i) colocate with, or supply, community fish markets or community-based seafood distributors, such as local farmers’ markets;
(ii) (I) would retrofit or update existing infrastructure; and
(II) are zoned for mixed use, such as a processing plant with an adjacent community fish market; or
(iii) include partnerships with schools or organizations that address food security and hunger; and
(C) community-based businesses and organizations with expertise in working with rural communities and coastal communities.
(4) EVALUATION CRITERIA.—In making grants or entering into cooperative agreements under paragraph (1), the Secretary shall evaluate, with respect to applications for the grants or cooperative agreements—
(A) relevancy;
(B) technical merit;
(C) achievability, expertise, and track record; and
(D) equity and environmental justice impacts.
(5) REQUIREMENTS.—A grant or cooperative agreement under paragraph (1) shall be for an amount and term determined appropriate by the Secretary.
(6) INTERAGENCY FUNDING.—Any Federal agency may participate in any grant or cooperative agreement under paragraph (1) by contributing funds, if the contributing agency determines that the objectives of the grant or cooperative agreement will advance the authorized programs of the contributing agency.
(7) LIMITATION ON INDIRECT COSTS.—A recipient of a grant or a party to a cooperative agreement under paragraph (1) may not use more than 10 percent of the funds received for the indirect costs of carrying out the grant or cooperative agreement.
(d) Evaluation of action plan, grants, and cooperative agreements.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, shall submit to Congress a report evaluating the effectiveness of the action plan developed under subsection (b) and the grants and cooperative agreements made or entered into under subsection (c), including—
(1) an assessment of social and economic benefits resulting from projects carried out using those grants and cooperative agreements; and
(A) to improve the effectiveness of the action plan and the grants and cooperative agreements; and
(B) to expand projects carried out using the grants and cooperative agreements to additional coastal communities.
(e) Exclusive Economic Zone prohibitions.—
(1) PROHIBITION ON AUTHORIZING FINFISH AQUACULTURE.—Notwithstanding any other provision of law, no Federal agency shall permit, authorize, or otherwise regulate commercial finfish aquaculture operations in the Exclusive Economic Zone of the United States (as established by Proclamation Numbered 5030, dated March 10, 1983), except in accordance with a law authorizing such an action that is enacted after the date of enactment of this Act.
(2) PROHIBITION ON FUNDS TO PROMOTE FINFISH AQUACULTURE.—No Federal funds available to the National Oceanic and Atmospheric Administration shall be used to award grants to facilitate or otherwise regulate finfish aquaculture in Federal waters.
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2024 and 2025.
(2) RESERVATION OF FUNDS.—Of the amounts made available under paragraph (1)—
(A) $200,000 shall be used to carry out subsection (b) during fiscal year 2024, to be divided equally between the Secretary and the Secretary of Commerce;
(B) $200,000 shall be used to carry out subsection (d) during fiscal year 2025; and
(C) the remaining amounts shall be used, subject to paragraphs (3) and (4)—
(i) to carry out subsection (c); or
(ii) for expenses relating to the administration of this section.
(3) ALLOCATION OF FUNDS.—A majority of the amount made available to carry out subsection (c) for any fiscal year shall be used to support coastal communities that are rural communities.
(4) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of the amounts made available to carry out this section for a fiscal year may be used for expenses relating to the administration of this section.
(a) Purpose.—The purpose of this section is to support projects that promote the reuse, recycling, and sustainable use of marine products from the seafood industry.
(b) Definitions.—In this section:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) an academic institution;
(B) a nonprofit organization; and
(C) a for-profit company.
(2) MARINE PRODUCT.—The term “marine product” means—
(A) chitin derived from marine animals, including crustaceans, mollusks, and the scales, shells, or waste of any marine animal;
(B) seaweed;
(C) marine waste from seafood; and
(D) any other product or byproduct of the seafood industry that, in the determination of the Secretary—
(i) would ultimately end in a landfill or other waste disposal facility if not reused, recycled, or put to use in a manner consistent with the purpose of this section; and
(ii) demonstrates promise for reuse, recycling, or sustainable use.
(3) REUSE, RECYCLING, OR SUSTAINABLE USE.—The term “reuse, recycling, or sustainable use”, with respect to a marine product, includes use of the marine product—
(A) as a fertilizer;
(B) as a biostimulant;
(C) as a component in a plastic alternative;
(D) in soil amendment and remediation;
(E) in wastewater treatment; and
(F) for collagen extraction.
(1) ESTABLISHMENT.—The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities for projects that involve the reuse, recycling, or sustainable use of 1 or more marine products from the seafood industry.
(2) SET-ASIDE.—The Secretary shall set aside 50 percent of the amounts appropriated to carry out the program established under paragraph (1) to make grants to eligible entities that are domiciled, or have an operating location, in a State that, as determined by the Secretary, is among the States with the greatest length of coastline.
(d) Authorization of appropriations.—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(1) ELIGIBILITY FOR CREDIT AND FINANCIAL SERVICES.—Section 1.9 of the Farm Credit Act of 1971 (12 U.S.C. 2017) is amended—
(A) in paragraph (2), by striking “or” at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
“(3) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs; or”.
(2) PURPOSES FOR EXTENSIONS OF CREDIT.—Section 1.11(c)(1) of the Farm Credit Act of 1971 (12 U.S.C. 2019(c)(1)) is amended by inserting “and to persons furnishing services directly related to the operating needs of producers or harvesters of aquatic products” after “needs”.
(b) Production credit associations.—Section 2.4(a) of the Farm Credit Act of 1971 (12 U.S.C. 2075(a)) is amended—
(1) in paragraph (2), by striking “and” at the end;
(2) in paragraph (3), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(4) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs.”.
Subtitle B of title VI of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is amended by adding at the end the following:
“SEC. 621. Funding for agricultural research in States without Agricultural Research Service facilities.
“There is authorized to be appropriated $5,000,000 for fiscal year 2024 and each fiscal year thereafter, to remain available until expended, for agricultural research at 1862 Institutions and State agriculture agencies in States that do not have an Agricultural Research Service facility, to address the research priorities of those States.”.
Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1673 (7 U.S.C. 5926) the following:
“SEC. 1674. Seaweed methane reduction research grants.
“(a) Definitions.—In this section:
“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.
“(b) Grants.—The Secretary shall provide grants to eligible entities for the research and development of the suitability of cold-water seaweed species for reduction of enteric methane through livestock feed additives.
“(c) Research priorities.—The Secretary shall give priority in providing grants under subsection (b) for the following types of research:
“(1) Research conducted on which varieties of seaweed inhibit methane production.
“(2) Research conducted on which varieties of seaweed that inhibit methane production can grow in cold-water climates.
“(3) Research conducted on whether bromoform from seaweed causes any effects on the ozone.
“(4) Research conducted on what level of shelf-life seaweed could have if produced on a large scale.
“(5) Research conducted on whether, and to what extent, large-scale production of seaweed has environmental effects.
“(6) Research conducted on how seaweed affects livestock biology if used as livestock feed.
“(7) Research conducted on whether seaweed affects human health if used as livestock feed.
“(8) Research conducted on how knowledge of the ability of seaweed to inhibit methane production would affect the market value of seaweed products, including—
“(A) the largest entities or sectors that would potentially purchase seaweed products;
“(B) potential market prices for livestock feed containing seaweed additives; and
“(C) the potential role of greenhouse gas emission credits in supporting the reduction of enteric methane using seaweed.
“(d) Requirements.—In providing grants under subsection (b), the Secretary shall—
“(1) select recipients on the basis of the quality of the proposed research project; and
“(2) award not less than 50 percent of funding to eligible entities in States that, as determined by the Secretary, are among the States with the greatest length of coastline.
“(e) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2028.”.
Section 1672E of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925g) is amended—
(A) in paragraph (5), by striking “production;” and inserting “production or preservation;”; and
(B) in paragraph (6), by inserting “, including those in circumpolar regions” before the semicolon; and
(A) in paragraph (1), by striking “or” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; or”; and
(C) by adding at the end the following:
“(3) areas designated as frontier or remote areas.”.
(a) Definitions.—In this section:
(1) COASTAL SEAWEED FARMING.—The term “coastal seaweed farming” means the onshore or nearshore propagation and harvesting of seaweed and products derived from seaweed that—
(i) synthetic pesticide (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136)); or
(ii) plastic, unless a suitable replacement does not exist; and
(B) does not produce finfish for commercial purposes.
(2) SEAWEED.—The term “seaweed” means any macroscopic, multicellular marine algae species.
(3) SECRETARIES.—The term “Secretaries” means—
(A) the Secretary; and
(B) the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.
(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretaries shall jointly submit to Congress, and publish on the websites of the Department of Agriculture and the National Oceanic and Atmospheric Administration, a preliminary report analyzing the following:
(i) The effects of coastal seaweed farming on—
(I) surrounding communities;
(II) the ecosystem; and
(III) marine and coastal wildlife.
(ii) Best practices for cultivating and sourcing local seeds to propagate for coastal seaweed farming, including practices based on traditional ecological knowledge.
(iii) Best practices, including practices based on traditional ecological knowledge, to prevent the escape or spread during coastal seaweed farming of any organism that would—
(I) alter the natural ecosystem; or
(II) present a biofouling risk.
(iv) Best practices, including practices based on traditional ecological knowledge, relating to species selection, harvesting cycles, spatial planning and siting, engineering and design, and environmental aspects of coastal seaweed farming that—
(I) maximize benefits, and avoid adverse effects, on the marine ecosystem and marine and coastal wildlife;
(II) lead to optimal yields;
(III) account for the impact climate change may have on natural habitats and coastal seaweed farming operations;
(IV) minimize entanglements and other harmful interactions between marine life and nearshore seaweed farming infrastructure and gear;
(V) account for changes in migration patterns of marine mammals and highly migratory species (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); and
(VI) account for, and avoid interference with, competing uses, including vessel traffic and commercial and recreational fishing.
(v) The potential for growing seaweed for long-term carbon sequestration and best practices for measurement, reporting, and verification approaches for that growing, specific to the sequestration reservoir.
(vi) The effects of cocultivation of bivalves with seaweed on the ecosystem, ocean acidification, and hypoxia levels.
(vii) The effects of coastal seaweed farming on water quality.
(viii) Best practices for limiting the use of plastic in coastal seaweed farming gear.
(ix) The history and use of Indigenous and traditional seaweed farming practices.
(x) Best practices for sustainable harvest and post-harvest processing of coastal seaweed farming products, including—
(I) methods of reducing energy costs; and
(II) methods based on traditional ecological knowledge.
(xi) Scalable commercial applications for value-added seaweed or products derived from seaweed, including as feedstock for animals and other agricultural, commercial, and industrial applications.
(xii) Processes for processing, storage, and transportation of seaweed that—
(I) are cost-effective and efficient; and
(II) reduce carbon emissions from transportation.
(xiii) Existing and potential markets and market capacity for major cultivated seaweed species.
(xiv) Baseline economic analyses and business planning models for major cultivated seaweed species.
(xv) The effects of water quality on the quality of cultivated seaweed for human consumption, including the absorption of toxic heavy metals and persistent organic pollutants.
(xvi) Best practices for onshore seaweed farming issues that reduce energy requirements to pump water, include management of effluent and spatial planning, and address conflicting uses of the onshore coastal zone.
(xvii) Best practices in efficient and effective Federal and State regulatory systems for coastal seaweed farming.
(B) CONSULTATION AND ENGAGEMENT.—In preparing the report under subparagraph (A), the Secretaries shall consult or engage, as appropriate, with the following:
(i) The Interagency Working Group on Indigenous Traditional Ecological Knowledge, with respect to—
(I) the cultivation of kelp, seaweed, and shellfish;
(II) the use of Tribal waters for coastal seaweed farming;
(III) the impact and benefits of coastal seaweed farming on Tribal waters; and
(IV) best practices for engaging with Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) with respect to matters relating to coastal seaweed farming.
(ii) Indian Tribes (as so defined).
(iii) The Office of Hawaiian Affairs (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
(iv) The Interagency Working Group on Research for Farming of Seaweeds and Seagrasses.
(v) The Interagency Working Group on Ocean Acidification.
(vi) The Joint Subcommittee on Aquaculture of the National Science and Technology Council.
(vii) Such other agencies as the Secretaries determine to be appropriate.
(2) UPDATE.—Not later than 2 years after the date on which the report under paragraph (1) is submitted, the Secretaries shall submit to Congress an updated report based on pertinent information derived from Federal research programs and other sources of information.
(c) Regulations.—Not later than 1 year after the date on which the preliminary report under subsection (b)(1) is published, the Secretaries, in consultation with the Chief of Engineers, shall promulgate and implement such regulations as the Secretaries determine to be appropriate—
(1) to ensure that design, development, siting, species selection, operation, and production systems of coastal seaweed farming maximize potential benefits to, and avoid potential adverse effects on, the marine ecosystem, wildlife, and fisheries and surrounding communities;
(2) to establish evaluation metrics to measure the impact and benefits of coastal seaweed farming on—
(A) the marine ecosystem, including marine wildlife, biodiversity, productivity, water quality, and stored carbon; and
(B) surrounding communities, including relating to the equitable distribution of costs and benefits (including economic and environmental costs and benefits) within those communities; and
(3) to require monitoring and reporting relating to—
(A) any adverse effects on the marine ecosystem and wildlife, including entanglements of marine life; and
(B) any effects on commercial and recreational fishing.
(d) Authorization of appropriations.—There are authorized to be appropriated to the Secretaries, to be allocated between the Secretaries as the Secretaries determine to be appropriate—
(1) $3,000,000 for each of fiscal years 2024 and 2025 to complete the preliminary report under subsection (b)(1);
(2) $3,000,000 for fiscal year 2026, of which—
(A) $1,000,000 shall be used for the updated report under subsection (b)(2); and
(B) $2,000,000 shall be used to promulgate and implement regulations pursuant to subsection (c); and
(3) $1,000,000 for fiscal year 2027 to complete the updated report under subsection (b)(2).
Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended—
(A) in clause (ii), by striking “and” at the end;
(B) in clause (iii)(II), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(iv) involves services and equipment for the processing and distribution of woody biomass materials.”;
(i) by striking “make grants to cover” and inserting the following: “make grants—
“(A) to cover”;
(ii) in subparagraph (A) (as so redesignated), by striking the period at the end and inserting “; and”; and
(iii) by adding at the end the following:
“(B) for the processing and distribution of woody biomass products.”; and
(B) in paragraph (2), by inserting “or in the case of processing and distribution of woody biomass products for a school or hospital in a low-income community,” after “community,”; and
(3) in subsection (d), in the matter preceding paragraph (1), by striking “or innovative wood product facility project” and inserting “, an innovative wood product facility project, or a project for the processing and distribution of woody biomass products”.
(a) Short title.—This section may be cited as the “American Grown Act”.
(b) Definitions.—In this section:
(1) COVERED AGENCY.—The term “covered agency” means—
(A) the Executive Office of the President;
(B) the Department of Defense; and
(C) the Department of State.
(2) COVERED ENTITY.—The term “covered entity” means—
(A) a foreign government; and
(B) an agent of a foreign principal (as defined section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611)).
(3) CUT FLOWER.—The term “cut flower” means a flower removed from a living plant for decorative use.
(4) CUT GREEN.—The term “cut green” means a green, foliage, or branch removed from a living plant for decorative use.
(5) QUALIFYING AREA.—The term “qualifying area” means—
(A) a State;
(B) the District of Columbia;
(C) a territory or possession of the United States; and
(D) an area subject to the jurisdiction of a federally recognized Indian Tribe.
(1) IN GENERAL.—Funds appropriated or otherwise available to a covered agency may only be used for the procurement of a cut flower or cut green if the cut flower or cut green is grown in a qualifying area.
(2) APPLICABILITY.—This subsection shall apply to a procurement made or contracted for—
(A) in the United States; and
(B) on or after the date that is 1 year after the date of enactment of this Act.
(1) IN GENERAL.—A covered agency may only accept a gift of a cut flower or cut green that is not grown in a qualifying area from a covered entity for the purpose of displaying the cut flower or cut green if—
(A) the origin of the cut flower or cut green is clearly displayed at the time of delivery; and
(B) at the time of delivery, the covered agency procures an additional cut flower or cut green that is grown in a qualifying area to display during the period of display of the gift.
(2) REQUIREMENT.—A covered agency that accepts a gift of a cut flower or cut green from a covered entity under paragraph (1) shall clearly display the origin of the cut flower or cut green during the period of display of the cut flower or cut green.
(a) Self-Determination for Department of Agriculture activities and programs.—Title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5321 et seq.) is amended by adding at the end the following:
“SEC. 112. Self-determination for Department of Agriculture activities and programs.
“(a) Agriculture self-Determination authorized.—The Secretary of Agriculture shall enter into self-determination contracts, in accordance with subsection (c), with Tribal organizations, on the request of any Indian Tribe, by Tribal resolution—
“(1) to plan, conduct, and administer any function, service, or activity provided by the Forest Service or the Natural Resources Conservation Service for the Indian Tribe;
“(2) to carry out the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) for any individual or household within the jurisdiction of the Indian Tribe; or
“(3) subject to subsection (b), to carry out the authority of the Food Safety and Inspection Service under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.).
“(b) Food Safety and Inspection Service contracts.—
“(1) IN GENERAL.—Before requesting to enter into a self-determination contract described in subsection (a)(3), a Tribal organization shall adopt, by Tribal resolution, a food and agriculture code approved by the Secretary of Agriculture, after which the Secretary of Agriculture shall exercise the authority of the Secretary of Agriculture under Public Law 87–718 (7 U.S.C. 1633) with respect to the Indian Tribe governed by that Tribal organization.
“(2) RURAL WATER, WASTE DISPOSAL, AND COMMUNITY FACILITIES LOANS AND GRANTS.—An Indian Tribe operating under a contract described in subsection (a)(3) shall be eligible for grant and loan programs under paragraphs (19) and (24) of section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)).
“(c) Self-Determination contract.—A self-determination contract entered into under subsection (a) shall have the same terms and conditions, and be subject to the same procedures, regulations, and requirements, as a self-determination contract entered into under section 102, except that the Secretary of Agriculture and the Department of Agriculture shall be the appropriate Secretary and agency for purposes of a self-determination contract entered into under subsection (a).
“(d) Technical assistance.—The Office of Self-Governance of the Bureau of Indian Affairs shall provide technical assistance with respect to self-determination contracts under subsection (a)—
“(1) to the Secretary of Agriculture; and
“(2) to Indian Tribes and Tribal organizations that request that assistance.”.
(b) Department of Agriculture Office of Self-Governance.—
(1) STUDY.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study to determine the feasibility of a Tribal self-governance demonstration project for appropriate programs, services, functions, and activities of the Department of Agriculture.
(2) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report detailing—
(A) the results of the study conducted under paragraph (1); and
(B) a plan to establish an Office of Self-Governance in the Department of Agriculture to carry out—
(i) the results of that study; and
(ii) the amendment made by subsection (a).
(3) CONSULTATION.—The Secretary shall develop the plan described in paragraph (2)(B) in consultation with Indian Tribes, the Office of Tribal Relations of the Department of Agriculture, and the Tribal Advisory Committee established under section 309(b) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921(b)).
(4) IMPLEMENTATION.—Not later than 18 months after the date on which the Secretary submits the report under paragraph (2), the Secretary shall implement the plan described in the report.
Section 23 of the Act of Act of June 25, 1910 (36 Stat. 861, chapter 431; 25 U.S.C. 47) (commonly known as the “Buy Indian Act”), is amended—
(A) in subparagraph (A), by striking “and” at the end;
(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(C) the Secretary of Agriculture.”;
(A) in paragraph (3), by striking “and the Department of Health and Human Services” and inserting “, the Department of Health and Human Services, and the Department of Agriculture”; and
(B) in paragraph (4), by striking “and the Indian Health Service” and inserting “, the Indian Health Service, and the Department of Agriculture”; and
(3) in subsection (d)(1), by striking “Committee on Indian Affairs” and all that follows through “House of Representatives” and inserting “Committees on Indian Affairs and Agriculture, Nutrition, and Forestry of the Senate and the Committees on Natural Resources and Agriculture of the House of Representatives”.
Section 306D(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d(c)) is amended by inserting “and the Alaska Native Tribal Health Consortium” after “State of Alaska”.