[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 857 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 857

To encourage and facilitate efforts by States and other stakeholders to 
conserve and sustain the western population of monarch butterflies, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

 Mr. Merkley (for himself, Ms. Duckworth, Mr. Booker, Mr. Padilla, Mr. 
 Van Hollen, Mr. Whitehouse, Mr. Lujan, Mrs. Feinstein, Mr. Wyden, and 
 Mr. Heinrich) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To encourage and facilitate efforts by States and other stakeholders to 
conserve and sustain the western population of monarch butterflies, 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 ``Monarch Action, Recovery, and 
Conservation of Habitat Act of 2023'' or the ``MONARCH Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the population of western monarch butterflies is at 
        imminent risk of extinction;
            (2) over the past 3 decades, the population of western 
        monarch butterflies has declined by more than 99 percent due to 
        prolonged drought, loss of milkweed and native pollinator 
        habitat, loss of breeding and overwintering habitat, and 
        climate change;
            (3) in 2020, the population of western monarch butterflies 
        reached a new historic low of 1,914 butterflies, falling below 
        the predicted extinction threshold for the third year in a row;
            (4) the extinction of the population of migratory western 
        monarch butterflies is now likely to occur within the next 2 
        decades if urgent action is not taken;
            (5) actively restoring native milkweed and nectar plants, 
        monarch overwintering habitat, and other pollinator habitat, 
        and ensuring that key habitats are protected from destruction, 
        are critical to ensuring the survival of western monarch 
        butterflies and can also help facilitate conservation of other 
        essential pollinators; and
            (6) enhancing pollinator populations can result in improved 
        pollination services for neighboring land, including 
        agriculture and wildlife ecosystems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation.--The term ``conservation'' means the use 
        of each method or procedure necessary to protect habitats of 
        western monarch butterflies and other pollinators within the 
        range of western monarch butterflies, including--
                    (A) the protection, restoration, and management of 
                overwintering, breeding, and migratory habitats;
                    (B) assistance in the development and 
                implementation of national, regional, State, Tribal, 
                and local conservation and management plans; and
                    (C) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Western Monarch 
        Butterfly Rescue Fund established by section 5(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal government.--The term ``Tribal government'' 
        means the governing body of a federally recognized Indian 
        Tribe.
            (5) Western monarch butterfly.--The term ``western monarch 
        butterfly'' means the monarch butterfly population that 
        overwinters along the coast of the State of California and 
        breeds across the States of California, Arizona, Nevada, 
        Washington, Oregon, Idaho, and Utah.

SEC. 4. WESTERN MONARCH BUTTERFLY CONSERVATION GRANT PROGRAM.

    (a) In General.--Subject to the availability of funds and in 
consultation with other relevant Federal agencies, amounts deposited in 
the Fund shall be available to the Secretary to provide grants for 
projects for the conservation of western monarch butterflies, and other 
pollinators within the range of western monarch butterflies, for which 
project proposals are approved by the Secretary in accordance with this 
section.
    (b) Project Proposals.--
            (1) Eligible entities.--An entity that is eligible to 
        receive a grant for a project under this section is--
                    (A) a relevant local government or Tribal 
                government agency, research institution, or nonprofit 
                organization with expertise required for the 
                conservation of western monarch butterflies and other 
                pollinators within the range of western monarch 
                butterflies; and
                    (B) any other entity, as determined appropriate by 
                the Secretary, with the expertise required for the 
                conservation of western monarch butterflies and other 
                pollinators within the range of western monarch 
                butterflies.
            (2) Federal partnership opportunities.--A State or Federal 
        agency--
                    (A) may not be a lead entity or receive a grant for 
                a project under this section; but
                    (B) may be included as a partner or collaborator on 
                a project that receives a grant under this section.
            (3) Required elements.--A proposal for a project under this 
        section shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the entity with overall 
                responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the entity that 
                        will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment; and
                            (iii) anticipated outcomes;
                    (D) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Indian Tribes, and other appropriate local 
                government, State government, and Federal Government 
                agencies;
                    (E) assurances that the conservation efforts 
                outlined in the proposal do not conflict with food 
                safety measures or practices;
                    (F) information that demonstrates the clear 
                potential of the project to contribute to the 
                conservation and recovery of western monarch 
                butterflies and other pollinators within the range of 
                western monarch butterflies; and
                    (G) such other information as the Secretary may 
                require.
    (c) Project Review and Approval.--The Secretary shall annually--
            (1) solicit project proposals for funding under this 
        section; and
            (2) review each proposal described in paragraph (1) on a 
        timeline that recognizes the urgency of the declining number of 
        western monarch butterflies and other pollinators within the 
        range of western monarch butterflies to determine whether the 
        proposal meets the criteria specified in subsection (d).
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section if the proposal demonstrates a likelihood 
that the project will contribute to the conservation of western monarch 
butterfly populations in the wild.
    (e) Technical Assistance.--The Secretary shall provide technical 
assistance for a project that receives a grant under this section.
    (f) Project Reporting.--
            (1) In general.--Each entity that receives a grant for a 
        project under this section shall submit to the Secretary, at 
        such intervals as the Secretary may require, reports that 
        include any information that the Secretary determines is 
        necessary to evaluate the progress and success of the project 
        for the purposes of ensuring positive results, assessing 
        problems, and fostering improvements.
            (2) Availability to state legislatures.--At the request of 
        the Governor of the State in which a project is conducted, each 
        entity that receives a grant for a project under this section 
        shall submit each report under paragraph (1) to the State 
        legislature of that State.
            (3) Availability to the public.--The Secretary shall make 
        available to the public, in a timely manner--
                    (A) each report submitted under paragraph (1); and
                    (B) any other documents relating to projects for 
                which a grant is provided under this section.

SEC. 5. WESTERN MONARCH BUTTERFLY RESCUE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Western Monarch Butterfly 
Rescue Fund''.
    (b) Administrative Expenses.--Of the amounts available in the Fund 
for each fiscal year, the Secretary may expend not more than 3 percent 
to pay the administrative expenses necessary to carry out this Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for deposit into the Fund $12,500,000 for each of fiscal 
years 2023 through 2027, to remain available until expended.

SEC. 6. IMPLEMENTATION OF THE WESTERN MONARCH BUTTERFLY CONSERVATION 
              PLAN.

    (a) In General.--The Secretary shall enter into an agreement with 
the National Fish and Wildlife Foundation pursuant to the National Fish 
and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to 
facilitate updating and implementing the Western Monarch Butterfly 
Conservation Plan prepared by the Western Association of Fish and 
Wildlife Agencies and dated January 2019.
    (b) Administration.--Section 10(a) of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3709(a)) shall not 
apply with respect to--
            (1) the agreement entered into under subsection (a); or
            (2) amounts made available to carry out this section.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $12,500,000 for 
each of fiscal years 2023 through 2027.

SEC. 7. REPORT TO CONGRESS.

    Not later than January 31 of each year, the Secretary shall submit 
to Congress a report describing the status of western monarch 
butterflies, including, with respect to the year for which the report 
is submitted--
            (1) a summary of the projects for which the Secretary has 
        provided funding under section 4 and an evaluation of those 
        projects; and
            (2) a summary of the projects for which the Secretary has 
        provided funding through the Western Monarch Butterfly 
        Conservation Plan prepared by the Western Association of Fish 
        and Wildlife Agencies and dated January 2019.
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