[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4487 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4487
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2021
Mr. Rutherford (for himself and Mrs. Murphy of Florida) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on the Budget, 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 assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales, 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 ``Scientific Assistance for Very
Endangered North Atlantic Right Whales Act of 2021'' or the ``SAVE
North Atlantic Right Whales Act of 2021''.
TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION
SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds and
in consultation with other Federal officials, the Secretary of
Commerce (in this title referred to as the ``Secretary'') shall
provide competitive financial assistance, including multiyear
grants, for projects for the conservation of North Atlantic
right whales for which project proposals are approved by the
Secretary in accordance with this section.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary 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.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) relevant State and tribal agencies, research
institutions, and nonprofit organizations with
expertise required for the conservation of North
Atlantic right whales; and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of North Atlantic right
whales, including large whale disentanglement teams
approved by the National Oceanic and Atmospheric
Administration and members in good standing of the
National Marine Mammal Health and Stranding Response
Program, sectors of the shipping and fishing
industries, fishing gear manufacturers, and rope
manufacturers.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of the qualifications of the
entity or individuals that will conduct the project;
(D) a description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing and stakeholder engagement
for the project;
(iii) the logistics of the project;
(iv) an estimated timeline for the project;
and
(v) anticipated outcomes of the project;
(E) a proposed budget for the funds and time
required to complete the project;
(F) information regarding the source and amount of
matching funding available for the project;
(G) information that demonstrates the clear
potential of the project to contribute to the
conservation of North Atlantic right whales; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Annual Grant Project Proposal Solicitation, Review, and
Approval.--
(1) In general.--The Secretary shall annually--
(A) solicit project proposals for grants under this
section;
(B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and
(C) review each such proposal on a timeline that
recognizes the urgency of the declining North Atlantic
right whale population to determine whether the
proposal meets the criteria specified in subsection
(d).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, the Secretary shall, with respect to
each project proposal submitted under this section, and after
consulting with other Federal officials, as appropriate--
(A) consult with respect to the proposal with the
government of each State and foreign country in which
the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation and any potential
losses that could be incurred to the fishing industry
as a result of the proposal, approve or disapprove the
proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the proposal, other Federal officials, and each State
and foreign country described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project shows promise for
contributing to recovering and sustaining a viable population of North
Atlantic right whales in the wild by assisting efforts to--
(1) implement conservation programs;
(2) address the unintentional conflicts between humans and
North Atlantic right whales through development, testing, and
use of innovative technology or other methods to reduce the
lethal and sub-lethal effects on North Atlantic right whales
from vessel collisions and fishing gear entanglements;
(3) promote cooperative projects on such topics with
foreign governments; or
(4) promote cooperative projects on such topics with
affected local communities, small businesses such as fishermen,
others in the private sector, or nongovernmental organizations.
(e) Priority.--To the extent practicable, in determining whether to
approve project proposals under this section, the Secretary shall
prioritize projects that are designed to reduce the lethal and sub-
lethal effects of human activities on North Atlantic right whales. In
prioritizing such projects, the Secretary shall prioritize, among such
projects, projects that are cooperative in nature and include fishing
or shipping sector participants.
(f) Matching Requirement.--
(1) In general.--Except as provided in paragraph (3), the
non-Federal share of the costs of an activity conducted with
financial assistance under this section shall be 25 percent of
such costs.
(2) In-kind contributions.--The Secretary may apply to the
non-Federal share of an activity conducted with financial
assistance under this section the amount of funds, and the fair
market value of property and services, provided by non-Federal
sources and used for the activity.
(3) Waiver of requirements.--The Secretary may waive the
application of paragraph (1) if the Secretary finds that such
waiver is necessary to support a conservation project that the
Secretary has identified as of high priority.
(g) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
may require) that include all information that the Secretary,
after consultation with other government officials, 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 the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public in a timely manner.
SEC. 102. NORTH ATLANTIC RIGHT WHALE INTERAGENCY BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall include, in the budget of the President submitted to
Congress under section 1105(a) of title 31, United States Code, for
fiscal year 2022 and each fiscal year thereafter, an interagency budget
that displays for each Federal agency that engages in North Atlantic
right whale activities--
(1) the amount of appropriations and expenditures for the
preceding fiscal year for such activities and a description of
such activities;
(2) the estimated amount to be expended during the current
fiscal year for such activities and a description of such
activities; and
(3) the amount estimated to be necessary for the next
fiscal year for such activities and a description of such
activities.
(b) North Atlantic Right Whale Activities Defined.--In this
section, the term ``North Atlantic right whale activities'' means any
activity of a Federal agency to study, observe, monitor, manage,
protect, conserve, or restore the North Atlantic right whale population
through direct or indirect means, including through the provision of
competitive financial assistance to non-Federal entities.
SEC. 103. REPORT TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Secretary shall submit to Congress a
report on the results and effectiveness of projects receiving
assistance provided under this title, including recommendations
concerning how this title might be improved and whether funding for
this title should be continued in the future.
SEC. 104. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to the Secretary to carry out this title $5,000,000 for each of
fiscal years 2022 through 2032.
(2) Administrative expenses.--Of the amounts authorized to
be appropriated under this subsection for a fiscal year, the
Secretary may expend not more than 5 percent, or up to $80,000,
whichever is greater, to pay the administrative expenses
necessary to carry out this Act.
(3) Supplement not supplant.--The amount authorized to be
appropriated by paragraph (1) shall supplement and not supplant
other amounts available to the Secretary.
(b) Acceptance and Use of Donations.--The Secretary may accept,
receive, solicit, hold, administer, and use any gift, devise, or
bequest to provide assistance under section 5.
TITLE II--CONTINUOUS PLANKTON RECORDER
SEC. 201. SURVEY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a continuous plankton recorder
survey.
(b) Required Elements.--For the purpose of conducting the survey
required under subsection (a), the Secretary of Commerce shall--
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions,
nonprofit organizations, commercial vessels, and other Federal
agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
(3) prioritize the collection of plankton samples and data
that inform the conservation of North Atlantic right whales;
and
(4) to the extent practicable, coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary of Commerce
$300,000 for each of fiscal years 2022 through 2032.
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