[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9477 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9477

To authorize studies and pilot programs related to the development and 
production of aquaculture in the exclusive economic zone of the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2022

 Mr. Lowenthal (for himself, Ms. Mace, Ms. Pingree, and Ms. Brownley) 
 introduced the following bill; which was referred to the Committee on 
 Natural Resources, and in addition to the Committee on Education and 
 Labor, 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 committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize studies and pilot programs related to the development and 
production of aquaculture in the exclusive economic zone of the United 
                    States, 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 ``Science-based Equitable Aquaculture 
Food Act'' or the ``SEAfood Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adjacent coastal jurisdiction.--The term ``adjacent 
        coastal jurisdiction'' means with respect to any activity 
        proposed, conducted, or approved by the Administrator under 
        section 5(a), any coastal State land--
                    (A) that is used, or is scheduled to be used, as a 
                support base for such activity; or
                    (B) in which there is a reasonable probability of 
                significant effect on land or water uses from such 
                activity.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanographic and Atmospheric 
        Administration.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committees 
        on--
                    (A) Natural Resources of the House of 
                Representatives;
                    (B) Agriculture of the House of Representatives;
                    (C) Transportation and Infrastructure of the House 
                of Representatives;
                    (D) Commerce, Science, and Transportation of the 
                Senate;
                    (E) Environment and Public Works of the Senate; and
                    (F) Agriculture, Nutrition, and Forestry of the 
                Senate.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of any of the following:
                    (A) Individuals who reside in a census block group 
                in which 30-percent or more of the population are 
                individuals with an annual household income that does 
                not exceed the greater of--
                            (i) an amount equal to 80-percent of the 
                        median income of the area in which the 
                        household is located, as reported by the 
                        Secretary of Housing and Urban Development; or
                            (ii) 200-percent of the Federal poverty 
                        line.
                    (B) Individuals who reside in a geographically 
                distinct area in which the population of any of the 
                following categories of individuals is higher than the 
                average population of that category for the State in 
                which the community is located:
                            (i) Black.
                            (ii) African American.
                            (iii) Asian.
                            (iv) Pacific Islander.
                            (v) Other non-White race.
                            (vi) Hispanic.
                            (vii) Latino.
                            (viii) Linguistically isolated.
                    (C) Tribal or Indigenous communities.
            (5) Escape.--The term ``escape'' means the escape of 
        juvenile- or adult-farmed organisms, viable gametes, or 
        fertilized eggs spawned by farmed organisms from aquaculture 
        facilities.
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given such term in section 3(11) of the 
        Magnuson Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802(11)).
            (7) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (8) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means aquaculture conducted in the exclusive 
        economic zone.
            (9) Pilot project.--The term ``pilot project'' means an 
        aquaculture project approved under section 5.
            (10) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each Indian Tribe.
            (11) Tribal or indigenous community.--The term ``Tribal or 
        Indigenous community'' means a population of people who are--
                    (A) enrolled members of an Indian Tribe;
                    (B) members of an Alaska Native or Native Hawaiian 
                community or organization; or
                    (C) members of any other community of Indigenous 
                people located in a State.
            (12) Underserved communities.--
                    (A) In general.--The term ``underserved 
                communities'' means women and individuals belonging to 
                communities that have been denied consistent and 
                systematic fair, just, and impartial treatment and have 
                been systematically denied a full opportunity to 
                participate in all aspects of economic, social, and 
                civic life, including Black, Latino, Indigenous and 
                Native American persons, Asian Americans and Pacific 
                Islanders and other persons of color.
                    (B) Inclusion.--In the context of the aquaculture 
                industry, the term ``underserved communities'', within 
                fishing communities, may include--
                            (i) subsistence fishery participants and 
                        their dependents;
                            (ii) fishing vessel crews, and fish 
                        processor and distribution workers; and
                            (iii) territorial fishing communities 
                        (including those in American Samoa, Guam, the 
                        Commonwealth of the Northern Mariana Islands, 
                        Puerto Rico, and the United States Virgin 
                        Islands).
            (13) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of title 38, United States Code.

SEC. 3. GAO STUDY.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this section, the Comptroller General shall submit a 
report to the appropriate committees of Congress examining aquaculture 
permitting, monitoring, and regulation during the 15-year period ending 
on the date of enactment of this section based on the available 
literature, case studies, and stakeholder input.
    (b) Contents of Study.--The study required under subsection (a) 
shall--
            (1) consider the feasibility and potential positive and 
        negative implications of designating a lead agency to issue 
        aquaculture permits in a timely manner;
            (2) identify lessons learned during such period with 
        respect to--
                    (A) the implications of aquaculture type, location, 
                and regulatory framework on project success;
                    (B) the degree of involvement of coastal or 
                adjacent States, Tribal groups, underserved 
                communities, or environmental justice communities in 
                consultation, planning, or operations of such 
                aquaculture operations;
                    (C) safety protocols and risk mitigation measures 
                for the permit and oversight processes, including--
                            (i) escape prevention measures;
                            (ii) emergency event response planning;
                            (iii) compliance monitoring, particularly 
                        in remote locations;
                            (iv) compliance with Federal laws;
                            (v) reporting mechanisms to appropriate 
                        Federal authorities, and
                            (vi) vessel navigation aids to ensure 
                        navigational safety;
                    (D) the effect of incentives to reduce adverse 
                effects or disparate impacts from aquaculture 
                operations;
                    (E) building and optimizing synergies between 
                aquaculture and wild-caught fishing activities, or 
                offshore, nearshore, and onshore aquaculture 
                activities, including market development, increasing 
                seafood consumption, and shared infrastructure;
                    (F) the environmental effects of marine aquaculture 
                operations, including mechanisms to prevent harm to the 
                environment, wildlife, or human well-being;
                    (G) net economic and social benefits of the 
                aquaculture projects, particularly for nearby 
                communities (including underserved and environmental 
                justice communities), based on project size, regulatory 
                structures, and financing structures;
                    (H) the impact of introducing aquaculture products 
                to the marketplace on supply and demand for wild-
                capture fisheries products and methods for ensuring 
                resiliency and growth for both aquaculture and wild-
                capture fisheries products;
                    (I) mechanisms to enhance capital investment, 
                workforce development, and equitable opportunity 
                requirements or assistance programs in the permit 
                process, or to diversify permit applicants;
                    (J) outstanding needs for continued research, 
                development, education activities, programs, and 
                funding regarding offshore aquaculture projects and 
                development of the domestic workforce and 
                entrepreneurship related to offshore aquaculture; and
                    (K) the economic potential for both large- and 
                small-scale aquaculture operations to generate a 
                positive return on investment under various regulatory 
                and financing structures; and
            (3) make recommendations with respect to future offshore 
        aquaculture operations, including--
                    (A) regulatory processes necessary for permitting, 
                monitoring, and oversight, including processes and 
                techniques related to siting, deployment, operations, 
                and decommissioning;
                    (B) potential safeguards, data collection, or 
                monitoring required to minimize disparate impacts on 
                environmental justice communities, local economies, 
                marine environments, and existing domestic economic 
                sectors;
                    (C) mechanisms for optimizing the efficiency and 
                coordination among Federal agencies with a role in 
                permitting aquaculture in offshore waters without 
                compromising the goals of such permitting;
                    (D) methods for effectively involving stakeholders, 
                including--
                            (i) adjacent jurisdictions;
                            (ii) local communities;
                            (iii) regional offshore waters users and 
                        management groups (including regional fishery 
                        management councils); and
                            (iv) users of local, State, and Federal 
                        waters and coastal resources, including 
                        underserved communities, and environmental 
                        justice communities;
                    (E) best practices for incorporating local 
                knowledge, including from Tribal or Indigenous 
                communities;
                    (F) Federal agency capabilities that are necessary 
                for effective regulation of the sector; and
                    (G) how creating private rights of action or 
                waiving sovereign immunity would facilitate or hinder 
                the development of offshore aquaculture projects and 
                their acceptance by nearshore and offshore waters user 
                groups and coastal communities.

SEC. 4. STUDY OF AQUACULTURE PERMITTING STANDARDS.

    (a) Study Required.--Not later than 30 months after the date of 
enactment of this Act, the Ocean Studies Board of the National 
Academies of Sciences, Engineering, and Medicine shall complete a study 
to develop the scientific basis for efficient and effective regulation 
of offshore aquaculture.
    (b) Considerations.--The study required by subsection (a) shall, 
with respect to offshore aquaculture--
            (1) identify--
                    (A) optimal methods of operation of aquaculture 
                facilities to promote high yields and limit adverse 
                effects on the environment, wildlife, and human well-
                being, including--
                            (i) considerations to guide siting 
                        decisions of such facilities; and
                            (ii) appropriate stocking densities;
                    (B) a science-based definition of sustainable 
                aquaculture feed or other inputs;
                    (C) potential adverse effects on the environment, 
                wildlife, and human well-being, including from--
                            (i) the use of antibiotics and other 
                        pharmaceuticals by aquaculture facilities, 
                        including analyses necessary to establish 
                        acceptable rates, impact levels, and risk 
                        thresholds, such as organism antibiotic 
                        consumption or metabolization versus excretion 
                        to the surrounding environment;
                            (ii) assimilation of pollution originating 
                        from such facilities on marine organisms;
                            (iii) the risk posed by misplaced or 
                        damaged equipment;
                            (iv) the risk of wildlife entanglements;
                            (v) interbreeding or the spread of disease;
                            (vi) the source and sustainability of brood 
                        stock for offshore aquaculture operations and 
                        impacts of hatcheries and prestocking rearing 
                        operations that are specific to offshore 
                        aquaculture;
                            (vii) large-scale cultivation of filter-
                        feed bivalve organisms and seaweed on the 
                        marine food webs;
                            (viii) aquaculture facilities acting as 
                        aggregating devices and increasing the 
                        vulnerability of wild fisheries and wildlife 
                        populations to fishing or other sources of 
                        mortality; and
                            (ix) the use of nonsustainable sources of 
                        feed or other inputs;
                    (D) potential methods and technologies to mitigate 
                adverse effects, including those identified under 
                subparagraph (C);
                    (E) potential conflicts and solutions to mitigate 
                such conflicts between offshore aquaculture facilities 
                and other users of the offshore environment;
                    (F) the types of data and qualitative information 
                necessary for the optimal operation of such facilities 
                and appropriate methods of procuring such data 
                information, including from citizen science (as defined 
                in section 402 of the Crowdsourcing and Citizen Science 
                Act (15 U.S.C. 3724) and the traditional aquaculture 
                knowledge of Tribal and Indigenous communities;
                    (G) the applicability and sufficiency of existing 
                regulatory systems on offshore aquaculture;
                    (H) existing local, State, Federal, and foreign 
                regulatory standards that may serve as models for 
                efficient and effective regulation of offshore 
                aquaculture; and
                    (I) the considerations necessary to account for the 
                effects of climate change predictive assessments on the 
                siting and operation of offshore aquaculture 
                facilities; and
            (2) provide legislative and regulatory recommendations with 
        respect to--
                    (A) promoting the methods of operation identified 
                under paragraph (1)(A);
                    (B) mitigating adverse effects identified under 
                paragraph (2)(B);
                    (C) environmental standards, control rules, or 
                reference points that build upon the existing public 
                and private standards for aquaculture sustainability; 
                and
                    (D) ensuring that operators of offshore aquaculture 
                facilities adhere to international standards for social 
                responsibility, public health, and equitable labor 
                practices, including with respect to sourcing inputs 
                for such facilities.

SEC. 5. ASSESSMENT PROGRAM FOR OFFSHORE AQUACULTURE.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Administrator shall establish an assessment 
program to evaluate the following with respect to offshore aquaculture:
            (1) The ability of different commercial-scale facility 
        designs and operational methods to--
                    (A) survive various atmospheric and ocean 
                conditions, including high wind speeds or high-energy 
                ocean conditions associated with severe weather, 
                without--
                            (i) allowing escapes of cultivated 
                        organisms;
                            (ii) loss of infrastructure; or
                            (iii) wildlife entanglement resulting from 
                        loss or damaged infrastructure;
                    (B) prevent adverse wildlife impacts, including 
                entanglements of large whales, sea turtles, and other 
                species protected under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1361 et seq.);
                    (C) prevent adverse impacts on the marine 
                environment, including impacts to habitat, water 
                chemistry, and wildlife; and
                    (D) avoid adverse impacts on navigation and safety 
                to existing ocean users due to aquaculture facilities, 
                including requirements for operations, navigation, and 
                transit associated with such facilities.
            (2) The ability for different technologies to provide 
        reliable and timely data on offshore aquaculture facilities 
        (including visual data and other relevant data types) to enable 
        the Administrator to monitor--
                    (A) project compliance with the requirements of 
                subsection (b);
                    (B) impacts on the marine environment; and
                    (C) interference with existing uses of the water 
                body in which the project is located.
            (3) The relative risks, benefits, and cost of various types 
        of aquaculture, including different species of finfish in 
        different geographies and under varying climactic and 
        ecological conditions.
            (4) The development of performance standards for offshore 
        aquaculture operations.
    (b) Pilot Project Selection.--
            (1) Solicitation.--The Administrator shall solicit and 
        accept applications for participation in the assessment program 
        from projects that would advance the objectives of subsection 
        (a), including--
                    (A) objective analyses of data from commercial-
                scale and other demonstration projects existing or 
                carried out in offshore waters of the United States or 
                other countries within the past 15 years; or
                    (B) pilot projects proposed to be operated in the 
                exclusive economic zone.
            (2) Publication.--The Administrator shall publish in the 
        Federal Register a notice summarizing each application received 
        under this section and invite and consider public comments 
        regarding the pilot projects proposed under those applications 
        for their inclusion in the assessment program.
            (3) Designation of adjacent coastal jurisdictions.--The 
        Administrator shall promulgate a mechanism for identifying and 
        designating, with respect to each pilot project application 
        received under paragraph (1), the nearest adjacent coastal 
        jurisdiction or jurisdictions.
            (4) Notice.--The Administrator shall provide a copy of each 
        pilot project application to each adjacent coastal jurisdiction 
        designated under paragraph (3).
            (5) Denial at the request of adjacent coastal 
        jurisdiction.--If, in the 60-day period after receiving notice 
        of a pilot project application under paragraph (4), an adjacent 
        coastal jurisdiction requests that the Secretary rejects such 
        application, the Secretary shall reject such application.
            (6) Pilot project approval.--Not later than 1 year after 
        the date of the enactment of this section, the Administrator 
        shall approve not less than 1 and not more than 4 applications 
        for aquaculture pilot projects that--
                    (A) cultivate species that pose minimal threat of 
                harm to wildlife and the ecosystem in which the project 
                is located;
                    (B) incorporate design and operational 
                characteristics that minimize the risk of escape, 
                wildlife entanglement, and adverse pollution impacts;
                    (C) have developed and are able to implement an 
                escape response and infrastructure loss or damage plan 
                that minimizes the impact of any escapes or 
                infrastructure loss or damage on the marine environment 
                and on other uses of the water body in which the 
                project is located;
                    (D) comply with all applicable requirements of the 
                Clean Water Act (33 U.S.C. 1851 et seq.), the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), the Marine Mammal Protection Act of 1972 (16 
                U.S.C. 1361 et seq.), and the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                    (E) are compatible with, and prevent or minimize 
                displacement of, existing uses and users of the marine 
                environment in which it is located;
                    (F) will conform to best practices to avoid or 
                minimize the use of antibiotics and other 
                pharmaceuticals and minimize the release of such 
                pharmaceuticals into the environment; and
                    (G) will be conducted over a period of 5 years.
            (7) Aquaculture opportunity area.--The Administrator may 
        elect to site a project approved under this section in an 
        Aquaculture Opportunity Area.
            (8) Permit.--The Administrator shall issue the appropriate 
        permits to allow each pilot project approved under paragraph 
        (6) to conduct offshore aquaculture activities in the exclusive 
        economic zone in accordance with this Act.
    (c) Priority Consideration.--In considering pilot project 
applications, the Administrator shall give priority consideration to 
pilot projects owned or operated by--
            (1) veterans, or entities in which a veteran or veterans 
        have a majority ownership interest;
            (2) members of an environmental justice community or 
        underserved community, or entities in which a member or members 
        of an environmental justice community or underserved community 
        have a majority ownership interest;
            (3) entities that primarily serve or employ members of an 
        environmental justice community or underserved community; or
            (4) applicants who can demonstrate that the pilot project 
        will directly benefit individuals who are already participating 
        in the agricultural, wild-caught fishery, and aquaculture 
        industries who have been negatively impacted by the COVID-19 
        pandemic, natural disasters, or disaster declarations.
    (d) Interim Final Rule.--The Administrator may make an interim 
final rule to implement the requirements under this section.
    (e) Assessment Program Participant Reporting.--
            (1) Data and monitoring.--The owner or operator of each 
        commercial-scale demonstration project or pilot project 
        approved for inclusion in the assessment program under this 
        section shall submit such documentation, in such time, place, 
        and manner as the Administrator determines appropriate, 
        including--
                    (A) production data;
                    (B) interactions with wild species, mitigation 
                measures taken, and the result;
                    (C) technology and operational practices used to 
                measure and monitor effluent, integrity of cage 
                materials and other gear, and health of the cultivated 
                species;
                    (D) environmental and ecosystem impacts;
                    (E) data necessary to assess the considerations 
                described in section 4(b);
                    (F) information necessary for the Secretary to make 
                a revocation or modification determination under 
                subsection (f);
                    (G) owner, operator, and employee demographic data 
                and other relevant data as determined by the 
                Administrator for purposes of assessing the pilot 
                project's direct benefits to environmental justice 
                communities and the economic and social benefits for 
                nearby coastal communities;
                    (H) navigation and safety impacts to existing ocean 
                users; and
                    (I) such additional information as the 
                Administrator requires to fulfill the goals and 
                objectives of the assessment program.
            (2) Technical assistance.--The Administrator shall, upon 
        request, provide technical assistance to owners and operators 
        of commercial-scale demonstration projects and pilot projects 
        to comply with the reporting requirements of this section.
            (3) Emergency reporting.--The Administrator shall establish 
        an emergency reporting process for each owner or operator of an 
        aquaculture pilot project approved under this section to 
        immediately report suspected or known interactions between 
        pilot project facilities or vessels and protected wild species.
    (f) Authority To Revoke or Modify Pilot Project Participation.--The 
Administrator may require modifications to, or terminate pilot project 
participation under this section, and order the removal of an offshore 
aquaculture facility authorized to operate under this section if--
            (1) the project incurs an incident involving a death or 
        serious personal injury, and the Administrator determines that 
        project operator negligence was the cause or a contributing 
        factor to such incident;
            (2) operation of the project results in a violation of the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the 
        Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
            (3) the pilot project owner or operator fails to comply 
        with all of the terms and conditions of the pilot program 
        approval or modifications required by the Administrator under 
        this subsection; or
            (4) the Administrator determines that continued 
        participation in the pilot program by the project would be 
        unsafe or result in unacceptable negative impacts to the marine 
        environment or nearby communities, or other users of the water 
        body in which the project is located.
    (g) Reports.--
            (1) Annual reports.--Not later than 2 years after the date 
        of enactment of this Act and annually thereafter for the 
        duration of the assessment program, the Administrator shall 
        publish, make available to the public, and submit to 
        aquaculture stakeholders (including each adjacent coastal 
        jurisdiction and each affected Tribal or Indigenous community, 
        regional fishery management council, interstate fisheries 
        commission, conservation organization, and fisheries 
        association) a report that includes the following information:
                    (A) A description of each approved pilot project.
                    (B) In the first report, documentation supporting 
                selection of each approved pilot project.
                    (C) A summary of the information reported to the 
                Administrator under subsection (e) for each approved 
                pilot project.
                    (D) a description of the progress made toward 
                meeting the goals described in subsection (a).
            (2) Final report.--Not later than 1 year after the date of 
        the completion of the assessment program, the Administrator 
        shall submit to the appropriate committees of Congress a report 
        describing the results of the pilot program that includes the 
        following information:
                    (A) An evaluation based on data from the assessment 
                program of the opportunities and risks of offshore 
                aquaculture regarding--
                            (i) marine ecosystems;
                            (ii) other users of the exclusive economic 
                        zone;
                            (iii) other ecosystems goods and services;
                            (iv) social and economic impacts to nearby 
                        communities, including cumulative impacts and 
                        impacts on environmental justice communities, 
                        low-income communities, and communities of 
                        color;
                            (v) best practices to mitigate risks; and
                            (vi) best practices to prevent disparate 
                        impacts.
                    (B) Any recommendations of the Administrator for 
                amendments to statutes or regulations and the 
                establishment of performance standards for offshore 
                aquaculture siting and operations, that--
                            (i) would minimize risks posed by 
                        aquaculture operations to marine ecosystems;
                            (ii) would enhance the safe operation of 
                        aquaculture facilities, service vessels, and 
                        associated activities;
                            (iii) prevent displacement of existing uses 
                        and users; and
                            (iv) are technically, operationally, and 
                        economically feasible.

SEC. 6. AQUACULTURE CENTERS OF EXCELLENCE.

    (a) Minority Aquaculture Research and Entrepreneurship Grants.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Administrator shall 
        establish the ``Aquaculture Centers of Excellence'' program to 
        award grants to covered institutions to assist in establishing 
        or enhancing an aquaculture curriculum for undergraduate or 
        graduate courses of study at such covered institutions.
            (2) Applications.--To be eligible for a grant under this 
        section, a covered institution shall submit to the 
        Administrator an application in such form, at such time, and 
        containing such information as the Administrator determines 
        appropriate, including any plans to partner with other 
        institutions of higher education pursuant to paragraph (4).
            (3) Grant uses.--A covered institution receiving a grant 
        under this section--
                    (A) shall use such grant funds to establish or 
                enhance an aquaculture curriculum for undergraduate or 
                graduate studies that includes--
                            (i) training in various skill sets needed 
                        by successful aquaculture entrepreneurs, 
                        including--
                                    (I) business management, strategic 
                                planning, business plan development, 
                                capital financing and fundraising, 
                                financial management and accounting, 
                                market analysis and competitive 
                                analysis, and market entry and strategy 
                                execution; and
                                    (II) any other skill sets specific 
                                to the needs of the student population 
                                and the surrounding community, 
                                including social and environmental 
                                sustainability, as determined by the 
                                institution;
                            (ii) natural and social science research 
                        programs in aquaculture and natural fisheries, 
                        including offshore aquaculture;
                            (iii) development of extension programs (or 
                        cooperation with existing extension programs) 
                        that educate and engage community members, 
                        including elementary and secondary school 
                        students, on aquaculture and aquaculture career 
                        pathways that transfer newly developed 
                        techniques and research information developed 
                        or collated at the covered institution to 
                        aquaculture practitioners; and
                            (iv) career development, such as the 
                        establishment of cooperatives, apprenticeships, 
                        mentorships, accelerators, or grant 
                        competitions; and
                    (B) may only use such grant funds for expenses 
                directly related to the implementation of the 
                curriculum or activities authorized by this section.
            (4) Partnerships.--In applying for and carrying out 
        activities with grants under this section, a covered 
        institution may partner with other institutions of higher 
        education with established aquaculture programs, including 
        institutions of higher education not otherwise eligible for 
        grants under this section, to facilitate the sharing of 
        resources and knowledge necessary for aquaculture curriculum 
        development or enhancement at the covered institution.
            (5) Grant limitations.--A grant awarded under this section 
        may only be used for expenses directly related to the 
        implementation of the curriculum or activities authorized by 
        this section.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $25,000,000 to 
        remain available until expended, for each of fiscal years 2023 
        through 2027.
    (b) Definitions.--In this section:
            (1) Covered institution.--The term ``covered institution'' 
        means--
                    (A) a minority-serving institution;
                    (B) a historically Black college or university; or
                    (C) a Tribal College or University.
            (2) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Minority-serving institution.--The term ``minority-
        serving institution'' means an eligible institution described 
        in paragraphs (2), (4), (5), (6), and (7) of section 371(a) of 
        the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
            (5) Tribal college or university.--The term ``Tribal 
        College or University'' means and institution described in 
        section 316(b)(3) of the Higher Education Act of 1965 (20 
        U.S.C. 1059c(b)) that is chartered under the sovereign 
        authority of its respective Tribal Nation or by the Federal 
        Government.

SEC. 7. RULE OF CONSTRUCTION.

    Any requirement in this Act to identify or consider an impact or 
effect on human health, the environment, or the climate shall include a 
requirement to make such identification or consideration while taking 
into account--
            (1) the cumulative impact of such impact or effect in the 
        context of all sources of emissions, discharges, or releases 
        from any source, past, present, or in the reasonably 
        foreseeable future, on the affected environment and population;
            (2) any characteristics of such environment and population 
        that may heighten vulnerability to environmental pollution and 
        related health risks; and
            (3) any action or practice that, even if appearing neutral, 
        has the effect of subjecting individuals to discrimination on 
        the basis of race, color, or national origin.
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