[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4432 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4432
To require the Secretary of Commerce to establish the Sea Turtle Rescue
Assistance Grant Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2022
Mr. Markey (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to establish the Sea Turtle Rescue
Assistance Grant Program.
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 ``Sea Turtle Rescue Assistance Act of
2022''.
SEC. 2. SEA TURTLE RESCUE ASSISTANCE GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish a grant program
to be known as the ``Sea Turtle Rescue Assistance Grant Program'', to
encourage and facilitate coordinated rapid response and rescue by
awarding grants for the purposes described in subsection (c).
(b) Designation of Stranding Regions.--The Secretary shall
designate geographic regions of the United States as stranding regions
for the purposes of carrying out this section.
(c) Purposes.--The purposes of the Program are to provide for--
(1) the recovery, short- or long-term care, transportation,
and treatment of stranded marine turtles;
(2) the release of rescued and recovered marine turtles;
(3) the collection of data and samples from stranded marine
turtles for scientific research or assessments regarding marine
turtle health, including tagging information; and
(4) facility operation costs that are directly related to
activities described in paragraphs (1), (2), and (3).
(d) Equitable Distribution of Funds.--The Secretary shall ensure,
to the extent practicable, that funds awarded under this section are
distributed equitably among stranding regions, taking into account--
(1) the number of stranding events that occurred in each
stranding region in the preceding 5 years;
(2) region-specific factors that increase risks of marine
turtle stranding events; and
(3) the conservation priorities and recovery needs of
species of marine turtles that are threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(e) Application.--An applicant for a grant under this section shall
submit an application in such form and manner as the Secretary shall
prescribe.
(f) Grant Criteria.--
(1) Development of criteria.--The Secretary shall, in
consultation with the Director of the United States Fish and
Wildlife Service, develop criteria for awarding grants under
this section and provide such criteria for formal public notice
and comment.
(2) Stakeholder engagement.--As part of the process for
developing and finalizing criteria under paragraph (1), the
Secretary shall, in consultation with the Director of the
United States Fish and Wildlife Service, provide opportunities
for engagement with representatives from stranding regions and
representatives of public and private organizations with an
established record in rescue, rehabilitation, and release, as
well as related scientific research, marine conservation, and
forensic science, with respect to stranded marine turtles.
(3) Required criteria.--The criteria developed under
paragraph (1) shall prioritize applicants with an established
record of rescuing, rehabilitation, scientific research, and
forensic science with respect to stranded marine turtles or
conducting scientific research and forensic science on stranded
marine turtles.
(g) Acceptance of Donations.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold, administer,
and use gifts, devises, and bequests without any further approval or
administrative action.
(h) Liability Waiver .--
(1) In general.--A person who is acting under the authority
of an entity awarded a grant under this section is deemed to be
an employee of the government for purposes of chapter 171 of
title 28, United States Code, with respect to actions of the
person that--
(A) are in support of rescue efforts;
(B) are in accordance with the purposes of
subsection (c); and
(C) reflect sound professional judgment and are
consistent with the directions of any on-site
coordinator or incident commander.
(2) Limitation.--Paragraph (1) does not apply to actions of
a person described in that paragraph that are grossly negligent
or that constitute willful misconduct.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2023 through 2028 to remain available until
expended.
(j) Definitions.--In this section:
(1) Marine turtle.--The term ``marine turtle'' means any
member of the family Cheloniidae or Dermochelyidae.
(2) Program.--The term ``Program'' means the Sea Turtle
Rescue Assistance Grant Program established under subsection
(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(4) Stranding.--The term ``stranding'' means an event in
which--
(A) a marine turtle is dead and is--
(i) on a beach or shore of the United
States; or
(ii) in waters under the jurisdiction of
the United States (including any navigable
waters); or
(B) a marine turtle is alive and is--
(i) on a beach or shore of the United
States and unable to return to the water;
(ii) on a beach or shore of the United
States and in need of medical attention; or
(iii) in the waters under the jurisdiction
of the United States (including any navigable
waters), and in need of medical attention or
other necessary intervention to aid its
likelihood of survival.
(5) Stranding region.--The term ``stranding region'' means
a geographic region designated by the Secretary under
subsection (b).
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