Short title

This Act may be cited as the

Science-based Equitable Aquaculture Food Act

or the

SEAfood Act

Definitions

In this Act: (1)

Administrator

The term Administrator means the Administrator of the National Oceanographic and Atmospheric Administration. (2)

Appropriate committees of Congress

The term appropriate committees of Congress means— (A)the Committee on Commerce, Science, and Transportation of the Senate; (B)the Committee on Environment and Public Works of the Senate; (C)the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D)the Committee on Natural Resources of the House of Representatives; (E)the Committee on Agriculture of the House of Representatives; and (F)the Committee on Transportation and Infrastructure of the House of Representatives. (3)

Community with environmental justice concerns

The term community with environmental justice concerns 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)Members of a Tribal or Indigenous community. (4)

Council Coordination Committee

The term Council Coordination Committee means the committee established under section 302(l) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(l)). (5)

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. (6)

Escape

The term escape means the escape of juvenile- or adult-farmed organisms, viable gametes, or fertilized eggs spawned by farmed organisms from offshore aquaculture facilities. (7)

Exclusive economic zone

The term exclusive economic zone has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (8)

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). (9)

Indian Tribe

The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (10)

Institution of higher education

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (11)

Minority-serving institution

The term minority-serving institution means an eligible institution described in paragraph (2), (4), (5), (6), or (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (12)

Offshore aquaculture

The term offshore aquaculture means aquaculture conducted in the exclusive economic zone. (13)

Specially affected adjacent coastal jurisdiction

The term specially affected adjacent coastal jurisdiction means, with respect to any activity proposed, conducted, or approved by the Administrator under section 4, any coastal State land or coastal Tribal land— (A)that is adjacent to, or the waters of which are adjacent to, the Federal waters in which such activity is conducted; (B)that is used, or is scheduled to be used, as a support base for such activity; and (C)for which there is a reasonable probability of significant effect on uses of land or water from such activity. (14)

State

The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (15)

Tribal College or University

The term Tribal College or University means an institution described in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)) that is chartered by the governing body of the applicable Indian Tribe or by the Federal Government. (16)

Tribal land

The term Tribal land means land that is subject to the jurisdiction of an Indian Tribe. (17)

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. (18)

Underserved communities

(A)

In general

The term underserved communities means— (i)women; and (ii)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— (I)Black, Latino, Indigenous, and Native American individuals; (II)Asian Americans and Pacific Islanders; and (III)other persons of color. (B)

Inclusions

In the context of the offshore aquaculture industry, the term underserved communities, within fishing communities, may include— (i)subsistence fishery participants and their dependents; (ii)fishing vessel crews; (iii)fish processor and distribution workers; and (iv)territorial fishing communities, including such communities in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. (19)

Veteran

The term veteran has the meaning given that term in section 101 of title 38, United States Code.

Study on offshore aquaculture by Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine

(a)

Study

The Administrator shall seek to enter into a contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Board) under which the Board shall, not later than 30 months after the date of the enactment of this Act— (1)complete a study— (A)to determine whether the Board recommends the pursuit of offshore aquaculture; and (B)if the Board recommends the pursuit of offshore aquaculture, to develop the scientific basis for efficient and effective regulation of offshore aquaculture; and (2)submit to Congress and make publicly available the results of the study. (b)

Elements

The study completed pursuant to subsection (a) shall, with respect to offshore aquaculture— (1)identify— (A)optimal methods of operation of offshore aquaculture facilities to limit adverse effects on the environment, wildlife, and human well-being, including— (i)considerations to guide siting decisions of such facilities; (ii)appropriate stocking densities; and (iii)opportunities for selective breeding; (B)a science-based definition of responsible offshore aquaculture feed or other inputs, including guidance on sourcing feed or other inputs to address long- or short-term concerns, including the availability and scalability of such inputs; (C)potential adverse effects on the environment, wildlife, and human well-being, including from— (i)the use of antibiotics and other pharmaceuticals by offshore aquaculture facilities, including through analyses necessary to establish acceptable rates, impact levels, and risk thresholds, such as analyses of 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 harmful interactions with wildlife; (v)interbreeding and the spread of disease; (vi)the source and environmental impacts associated with the collection and removal 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)offshore aquaculture facilities acting as aggregating devices and increasing the vulnerability of wild fisheries and wildlife populations to fishing or other sources of mortality; (ix)predator control devices and methods; and (x)the use of nonsustainable sources of feed or other inputs, including the use of globally limited marine resources for feed ingredients, environmental impacts, and scalability of alternatives, including— (I)novel ingredients (for example, insect, single cell protein, and algae); (II)traditional ingredients (for example, soya); and (III)other inputs; (D)potential methods and technologies to mitigate adverse effects, including the effects 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 and information, including from— (i)citizen science (as defined in section 402(c) of the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724(c))); and (ii)the traditional offshore aquaculture knowledge of Tribal and Indigenous communities; and (G)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 recommendations for legislative or administrative action with respect to— (A)methods of operation identified under paragraph (1)(A); (B)mitigating adverse effects identified under paragraph (1)(C); (C)environmental standards, control rules, or reference points that build upon the existing public and private standards for the sustainability of offshore aquaculture; 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.

Assessment program for offshore aquaculture

(a)

Establishment of program

Not earlier than 180 days after the date on which the Administrator enters into a contract under section 3(a) and not later than 2 years after such date, the Administrator shall establish an assessment program (in this section referred to as the assessment program) to evaluate the following with respect to offshore aquaculture: (1)The ability of different commercial-scale facility designs and operational methods— (A)to survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, without— (i)allowing escapes; (ii)loss of infrastructure; or (iii)wildlife entanglement resulting from loss or damaged infrastructure; (B)to prevent adverse wildlife impacts, including entanglements of large whales, sea turtles, and other species protected under— (i)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (ii)the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); (C)to prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and (D)to avoid adverse impacts on navigation and safety to existing ocean users due to offshore aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities. (2)The ability of different technologies to provide reliable and timely data on offshore aquaculture facilities, including visual data and other relevant data types, on a regular basis to enable the Administrator to monitor— (A)the compliance of projects with the requirements under subsection (b)(4)(5); (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 offshore 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)

Selection of demonstration projects

(1)

Solicitation and acceptance of applications

The Administrator shall solicit and accept applications for inclusion in the assessment program from owners and operators of offshore aquaculture demonstration projects, including commercial-scale demonstration projects, that— (A)would advance the objectives described in subsection (a) and involve objective analyses of data; and (B)are operating on the date on which the application is submitted, were operated in offshore waters of the United States or other countries at any time during the 15-year period preceding the date on which the application is submitted (including such projects that are ongoing as of such date), or are proposed to be operated. (2)

Notice and public comment

The Administrator shall— (A)publish in the Federal Register a notice summarizing each application received under this subsection; and (B)invite public comments regarding the projects proposed in those applications for inclusion in the assessment program. (3)

Specially affected adjacent coastal jurisdictions

(A)

Designation

The Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this subsection, the specially affected adjacent coastal jurisdiction or jurisdictions. (B)

Notice

For each application for a demonstration project received under this subsection, the Administrator shall provide a copy of the application to the Governor or executive of the State or Tribal government of each specially affected adjacent coastal jurisdiction designated with respect to the application under subparagraph (A). (C)

Rejection at the request of specially affected adjacent coastal jurisdictions

If, during the 60-day period beginning on the date on which a specially affected adjacent coastal jurisdiction receives notice of an application under subparagraph (B), the Governor or executive of the State or Tribal government of the jurisdiction requests that the Administrator reject the application, the Administrator shall reject the application. (4)

Approval of demonstration projects

The Administrator may approve not more than 4 applications for demonstration projects under this subsection for inclusion in the assessment program. (5)

Requirements

(A)

All demonstration projects

(i)

In general

Each demonstration project approved for inclusion in the assessment program— (I)shall— (aa)cultivate only native species that pose a minimal threat of harm to wildlife and the ecosystem in which the project is located; (bb)incorporate design and operational characteristics that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; (cc)have developed and be 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; (dd)comply with all applicable requirements of— (AA)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act); (BB)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (CC)the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and (DD)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ee)be compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which the project is located; (ff)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 (gg)except as provided in clause (ii), be conducted over a period of 5 years; and (II)shall not— (aa)cultivate or otherwise use salmon, including king, chinook, coho, chum, sockeye, pink, masu, amago, or Atlantic salmon, even if such salmon is considered a native species; or (bb)be sited in any area designated by the National Marine Fisheries Service as critical habitat for endangered or critically endangered wildlife. (ii)

Extensions

(I)

In general

As the Administrator determines appropriate, a demonstration project approved for inclusion in the assessment program may be conducted for a period exceeding 5 years. (II)

Proposals

In order to be considered for an extension under this clause, the owner or operator of a demonstration project shall submit to the Administrator a proposal explaining the need for the extension. (III)

Notice and public comment

The Administrator shall— (aa)publish in the Federal Register a notice summarizing each proposal received under subclause (II); (bb)invite public comments regarding each such proposal; and (cc) consider such comments in determining whether to authorize any extension for a demonstration project under this clause. (B)

New demonstration projects

Any new demonstration project approved for inclusion in the assessment program shall— (i)be designed and managed in partnership with— (I)a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); (II)a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)); or (III)a sea grant college (as defined in section 203 of the National Sea Grant College Program Act (33 U.S.C. 1122)); and (ii)consult and coordinate with the relevant Regional Fishery Management Council. (6)

Priority consideration

In considering applications for demonstration projects under this section, the Administrator shall give priority consideration to demonstration projects owned or operated by— (A)veterans, or entities in which a veteran or veterans have a majority ownership interest; (B)members of a community with environmental justice concerns or underserved community, or entities in which a member or members of a community with environmental justice concerns or underserved community have a majority ownership interest; (C)entities that primarily serve or employ members of a community with environmental justice concerns or underserved community; or (D)applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or offshore aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. (7)

Public comments

In considering applications for demonstration projects under this section, the Administrator shall consider and weigh the public comments received pursuant to paragraph (2)(B). (c)

Aquaculture Opportunity Areas

The Administrator may elect to site a demonstration project approved for inclusion in the assessment program in an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 (16 U.S.C. 1801; relating to promoting American seafood competitiveness and economic growth). (d)

Permits

(1)

Federal agencies

The owner or operator of each demonstration project approved for inclusion in the assessment program shall obtain all necessary and relevant permits issued by Federal agencies to conduct activities under the project. (2)

National Oceanic and Atmospheric Administration

After the owner or operator of a demonstration project obtains the permits described in paragraph (1), the Administrator shall issue the appropriate permits to allow the project to conduct offshore aquaculture activities in accordance with this Act. (e)

Reporting by assessment program participants

(1)

In general

The owner or operator of each demonstration project approved for inclusion in the assessment program shall submit such information, at such time, in such place, and in such manner as the Administrator determines appropriate, including the following: (A)Production data. (B)Information on interactions with wild species, mitigation measures taken, and the results of such interactions and measures. (C)Information on technology and operational practices used to measure and monitor— (i)effluent; (ii)integrity of cage materials and other gear; and (iii)health of the cultivated species. (D)Information on environmental and ecosystem impacts. (E)Data necessary for the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete the study required by section 3. (F)Information necessary for the Administrator to exercise the authority of the Administrator under subsection (f). (G)Owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing— (i)the direct benefits of the project to communities with environmental justice concerns; and (ii)the economic and social benefits for nearby coastal communities. (H)Information on navigation and safety impacts to existing ocean users. (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 demonstration projects approved for inclusion in the assessment program to comply with the reporting requirements of this subsection. (3)

Emergency reporting

The Administrator shall establish an emergency reporting process for each owner or operator of a demonstration project approved for inclusion in the assessment program to immediately report suspected or known interactions between project facilities or vessels and protected wild species. (f)

Authority To modify or terminate participation of demonstration projects and order removal of facilities

The Administrator may require modifications to a demonstration project approved for inclusion in the assessment program, terminate the participation of such a project in such program, 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— (A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (B)the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); (3)the owner or operator of the project fails to comply with all of the terms and conditions of— (A)the approval of the project; or (B)modifications required by the Administrator under this subsection; or (4)the Administrator determines that continued participation in the assessment program by the project would be unsafe or result in unacceptable negative impacts to— (A)the marine environment; (B)nearby communities; or (C)other users of the water body in which the project is located. (g)

Interim final rule

The Administrator may issue an interim final rule to implement the requirements under this section. (h)

Reports

(1)

Annual reports

(A)

In general

Not later than 2 years after the date on which the Administrator establishes the assessment program, and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to offshore aquaculture stakeholders a report that includes the following: (i)A description of each project approved for inclusion in the assessment program. (ii)In the first report, documentation supporting selection of each such project. (iii)A summary of the information submitted to the Administrator under subsection (e) for each such project. (iv)A description of the progress made toward meeting the objectives described in subsection (a). (B)

Definition of offshore aquaculture stakeholders

In this paragraph, the term offshore aquaculture stakeholders includes— (i)each specially affected adjacent coastal jurisdiction; and (ii)each affected— (I)Tribal or Indigenous community; (II)regional fishery management council; (III)interstate fisheries commission; (IV)conservation organization; and (V)fisheries association. (2)

Final report

(A)

In general

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 assessment program. (B)

Elements

The report required by subparagraph (A) shall include the following: (i)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 communities with environmental justice concerns, low-income communities, and communities of color; (V)best practices to mitigate risks; and (VI)best practices to prevent disparate impacts. (ii)Such recommendations as the Administrator may have for legislative or administrative action and the establishment of performance standards for offshore aquaculture siting and operations that— (I)would minimize risks posed by offshore aquaculture operations to marine ecosystems; (II)would enhance the safe operation of offshore aquaculture facilities, service vessels, and associated activities; (III)would prevent displacement of existing uses and users; and (IV)are technically, operationally, and economically feasible.

Aquaculture Centers of Excellence

(a)

Aquaculture curriculum grants

(1)

In general

Not later than 1 year after the date of the enactment of this Act, the Administrator shall establish a 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)

Aquaculture Centers of Excellence

A covered institution that receives a grant under this section shall be known as an Aquaculture Center of Excellence. (3)

Applications

To be eligible to receive 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 1 or more other institutions of higher education as authorized under paragraph (5). (4)

Use of grant amounts

(A)

In general

A covered institution receiving a grant under this section shall use the grant amounts to establish or enhance an aquaculture curriculum for undergraduate or graduate courses of study that includes the following: (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 with respect to 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— (I)educate and engage community members, including elementary and secondary school students, on aquaculture and aquaculture career pathways; and (II)transfer newly developed techniques and research information developed or collated at the covered institution to aquaculture practitioners. (iv)Career development, such as the establishment of cooperatives, apprenticeships, mentorships, accelerators, or grant competitions. (B)

Limitations on use of grant amounts

Amounts from a grant awarded under this section may be used only for expenses directly related to the implementation of the curriculum or activities authorized under this section. (5)

Partnerships

In applying for grants and carrying out activities with grant amounts under this section, a covered institution may partner with 1 or more 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 the development or enhancement of aquaculture curriculum at the covered institution. (b)

Authorization of Appropriations

There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2027, to remain available until expended.

Report by Government Accountability Office

(a)

In general

Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report examining the permitting, monitoring, and regulation of offshore aquaculture during the 15-year period ending on such date of enactment. (b)

Bases of report

The Comptroller General shall base the report required by subsection (a) on available literature, case studies, and stakeholder input. (c)

Elements of report

The report required by subsection (a) shall— (1)assess the feasibility and potential positive and negative implications of designating a lead agency to issue offshore aquaculture permits in a timely manner; (2)identify lessons learned during the period described in subsection (a) with respect to— (A)the implications of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects; (B)the degree of involvement of coastal or adjacent States, Tribal groups, underserved communities, or communities with environmental justice concerns in consultation, planning, or operations of offshore aquaculture operations; (C)safety protocols and risk mitigation measures for the permit and oversight processes for offshore aquaculture, 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 offshore aquaculture operations; (E)building and optimizing synergies between offshore 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 offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; (G)in consultation with the Council Coordination Committee, the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities, including underserved communities and communities with environmental justice concerns, based on project size, regulatory structures, and financing structures; (H)the impact of introducing offshore aquaculture products to the marketplace on supply and demand for wild-capture fisheries products, and methods for ensuring resiliency and growth for both offshore 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 for offshore aquaculture, 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; (K)the economic potential for both large- and small-scale offshore aquaculture operations to generate a positive return on investment under various regulatory and financing structures; (L)the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and (M)existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and (3)include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to— (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 communities with environmental justice concerns, local economies, marine environments, and existing domestic economic sectors; (C)mechanisms for optimizing the coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting; (D)methods for effectively involving stakeholders, including— (i)specially affected adjacent coastal jurisdictions; (ii)local communities; (iii)regional offshore waters users and management groups, including regional fishery management councils; and (iv)users of local, State, Tribal, and Federal waters and coastal resources, including underserved communities and communities with environmental justice concerns; (E)best practices for incorporating local knowledge, including from Tribal or Indigenous communities; (F)capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and (G)how creating private rights of action or waiving sovereign immunity would facilitate or hinder the development of offshore aquaculture projects and the acceptance of such projects by nearshore and offshore waters user groups and coastal communities.

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 be construed as including 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.