,,ii #aahth ,,congress #b;d ,session ,s4 #eddg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbd,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish a grant program to assist projects that use nonlethal coexistence measures to reduce property damage caused by native beavers1 a keystone species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,developing ,alternative ,mitigation ,systems for ,beavers ,act or the ,,dams for ,beavers ,act4 #b4 ,beaver damage mitigation grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,b7 a ,state or ,tribal agency2 7,c7 a unit of local government2 7,d7 a foundation1 nonprofit organization1 or institution of higher education2 and 7,e7 a partnership between-- 7i7 #a or more entities described in any of subparagraphs 7,a7 through 7,d72 and 7ii7 an owner of property that has sustained or is at risk of sustaining property damage due to beaver activity4 7#b7 ,nonlethal coexistence measure 7,a7 ,in general ,the term nonlethal coexistence measure means a measure designed to mitigate property damage caused by beavers that does not incorporate-- 7i7 the gripping1 trapping1 injuring1 or killing of a beaver2 7ii7 the destruction or removal of a beaver dam or lodge1 unless the destruction or removal is necessary to install flow management devices2 or 7iii7 the relocation of a beaver4 7,b7 ,inclusions ,the term nonlethal coexistence measure includes-- 7i7 fencing used to protect culverts2 7ii7 fencing and paint-sand mixtures used to protect trees2 7iii7 fencing used to protect earthen dams from beaver burrowing2 and 7iv7 flow management devices used to control water levels in beaver ponds4 7#c7 ,program ,the term ,program means the grant program established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and implement a grant program under which the ,secretary may award grants on a competitive basis to eligible entities to carry out projects that use nonlethal coexistence measures-- 7#a7 to reduce property damage caused by beavers2 and 7#b7 to maintain or enhance habitat for beavers and other wildlife4 7c7 ,administration ,the ,secretary may enter into an agreement with the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a77 to administer the ,program in consultation with the ,united ,states ,fish and ,wildlife ,service4 7d7 ,application ,an eligible entity desiring a grant under the ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include the following3 7#a7 ,a description of the experience1 qualifications1 and training 7including planned training7 of the eligible entity with respect to the use of nonlethal coexistence measures4 7#b7 ,in the case of an application submitted by an eligible entity that is not a ,state or ,tribal wildlife or natural resources management agency 7or equivalent71 a certification that the eligible entity has consulted with such an agency 7or equivalent74 7#c7 ,in the case of an application submitted by an eligible entity that is not an owner of the property on which a relevant proposed project will be located1 a certification that-- 7,a7 each owner of the property consents to the project2 and 7,b7 for the duration of the project1 only nonlethal coexistence measures will be used on the property for purposes of reducing property damage caused by beavers 7except in the case of a circumstance subject to an exception under subsection 7f77#c77;,a774 7e7 ,priority ,in awarding grants under the ,program1 the ,secretary may give priority to projects that-- 7#a7 include monitoring and research that facilitates-- 7,a7 evaluating the impact of the project2 7,b7 gathering data for use in future projects2 and 7,c7 identifying best practices2 7#b7 include maintenance and adaptive management of nonlethal coexistence measures2 7#c7 include educational and outreach activities2 7#d7 have received ,federal funding through any program established under title #bc1 ,united ,states ,code1 or the program established under section #fgjc7;b7 of title #di1 ,united ,states ,code1 as determined in coordination with the ,secretary of ,transportation2 or 7#e7 satisfy any other criteria the ,secretary determines relevant to effectively reducing damage to property by1 and maintaining or enhancing habitat for1 beavers and other wildlife4 7f7 ,conditions and termination 7#a7 ,conditions ,except as provided in paragraph 7#c71 as a condition of receiving a grant under the ,program1 for the duration of a project carried out with grant funds awarded under the ,program1 an eligible entity may use only nonlethal coexistence measures for purposes of reducing property damage caused by beavers on the property on which the project is carried out4 7#b7 ,termination ,except as provided in paragraph 7#c71 the ,secretary shall terminate a grant made to an eligible entity under the ,program if a measure other than a nonlethal coexistence measure is used on the property on which the relevant project is carried out for purposes of reducing property damage caused by beavers on the property4 7#c7 ,exceptions 7,a7 ,in general ,paragraphs 7#a7 and 7#b7 shall not apply if the ,secretary determines-- 7i7 that a measure other than a nonlethal coexistence measure is necessary to protect human health or safety2 7ii7 in consultation with relevant ,federal and ,state agencies1 that a measure other than a nonlethal coexistence measure is necessary to protect a ,federal or ,state flood control or water rights mandate2 or 7iii7 that a project carried out with grant funds awarded under the ,program has been implemented for more than #a year and the project has not sufficiently reduced property damage caused by beavers on the property on which the project is carried out4 7,b7 ,documentation ,the ,secretary shall maintain a record of each determination made under subparagraph 7,a74 7g7 ,federal share ,the ,federal share of the cost of a project for which a grant is awarded under the ,program may not exceed #ge percent4 7h7 ,federal agency partnerships ,an eligible entity may enter into a partnership with a ,federal agency for assistance in-- 7#a7 applying for a grant under the ,program2 or 7#b7 carrying out a project with a grant awarded the ,program4 7i7 ,annual report to ,congress ,not later than #ij days after the end of each fiscal year in which grants are awarded under the ,program1 the ,secretary shall submit to ,congress1 and make publicly available1 a report that includes-- 7#a7 a detailed description of the projects funded by grants under the ,program1 including the extent to which such projects represent diverse geographic areas2 7#b7 an evaluation of the effectiveness of the ,program in selecting projects according to the priorities described in subsection 7e72 and 7#c7 recommendations to improve the effectiveness of the ,program4 7j7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #c1jjj1jjj for each of fiscal years #bjbe through #bjbi4 7#b7 ,administrative expenses ,not more than #aj percent of the amounts made available each fiscal year to carry out this section may be used for administrative expenses of the ,program4