Oyster Conservation Act

Oyster Conservation Act

This bill directs the National Oceanic and Atmospheric Administration (NOAA) to provide grants to certain entities, including the academic community and seafood industry, to conduct research on the conservation, restoration, or management of oysters in estuarine ecosystems.

Grant awards may not exceed 85% of the research project's total cost unless NOAA waives such requirement. Additionally, NOAA must ensure that grant funding is apportioned according to the historic baseline (i.e., the estimated population of oysters in an estuary in 1850) oyster population of each estuary of the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3864 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3864

     To require the Secretary of the Commerce, acting through the 
 Administrator of the National Oceanic and Atmospheric Administration, 
to provide grants supporting research on the conservation, restoration, 
    or management of oysters in estuarine ecosystems, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2021

  Mr. Brown introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To require the Secretary of the Commerce, acting through the 
 Administrator of the National Oceanic and Atmospheric Administration, 
to provide grants supporting research on the conservation, restoration, 
    or management of oysters in estuarine 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 maybe cited as the ``Oyster Conservation Act''.

SEC. 2. GRANTS FOR RECOVERING OYSTERS.

    (a) Establishment.--The Administrator shall establish a grant 
program (in this section referred to as the ``Program'') under which 
the Administrator shall award grants to eligible entities for the 
purpose of conducting research on the conservation, restoration, or 
management of oysters in estuarine ecosystems.
    (b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require.
    (c) Allocation of Grant Funds.--
            (1) In general.--The Administrator shall award a grant 
        under the Program to eligible entities that submit an 
        application under subsection (b).
            (2) Matching requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the total amount of Federal funding received under 
                the Program by an eligible entity may not exceed 85 
                percent of the total cost of the research project for 
                which the funding was awarded. For the purposes of this 
                subparagraph, the non-Federal share of project costs 
                may be provided by in-kind contributions and other 
                noncash support.
                    (B) Waiver.--The Administrator may waive all or 
                part of the requirement in subparagraph (A) if the 
                Administrator determines that no reasonable means are 
                available through which an eligible entity applying for 
                a grant under this section can meet such requirement 
                and the probable benefit of such research project 
                outweighs the public interest in such requirement.
            (3) Equitable distribution.--The Administrator shall 
        ensure, to the maximum extent practicable, that grant funding 
        under this section is apportioned according to the historic 
        baseline oyster population of each estuary of the United 
        States.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Academic community.--The term ``academic community'' 
        means faculty, researchers, professors, and representatives of 
        State-accredited colleges and universities.
            (2) Administrator.--The term ``Administrator'' means the 
        Secretary of Commerce acting through the Administrator of the 
        National Oceanic and Atmospheric Administration.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        member of the academic community, the seafood industry, a 
        relevant nonprofit organization, or a relevant State agency, 
        that is proposing or conducting a research project on the 
        conservation, restoration, or management of oysters in an 
        estuarine ecosystem developed through consultation with a 
        member of the academic community, a member of the seafood 
        industry, a relevant nonprofit organization, or a relevant 
        State agency.
            (4) Historic baseline.--The term ``historic baseline'' 
        means the estimated population of oysters in an estuary in 
        1850.
            (5) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code.
            (6) Seafood industry.--The term ``seafood industry'' means 
        shellfish growers, shellfish harvesters, commercial fishermen, 
        and recreational fishermen.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $5,000,000 for each of the fiscal 
years 2022 through 2026 to carry out this section.
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