[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2086 Reported in Senate (RS)]
<DOC>
Calendar No. 476
118th CONGRESS
2d Session
S. 2086
To require the Secretary of Commerce to establish the Sea Turtle Rescue
Assistance Grant Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2023
Mr. Markey (for himself, Mr. Cornyn, Mr. Van Hollen, Mr. Graham, Mr.
Wicker, Mr. Carper, and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
August 1, 2024
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Sea Turtle Rescue
Assistance Act of 2023''.</DELETED>
<DELETED>SEC. 2. SEA TURTLE RESCUE ASSISTANCE GRANT PROGRAM.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Purposes.--The purposes of the Program are to provide
for--</DELETED>
<DELETED> (1) the recovery, short- or long-term care,
transportation, and treatment of stranded marine
turtles;</DELETED>
<DELETED> (2) the release of rescued and recovered marine
turtles;</DELETED>
<DELETED> (3) the collection of data and samples, including
tagging information, from stranded marine turtles for
scientific research or assessments, or both, that inform the
understanding of causes of mortality; and</DELETED>
<DELETED> (4) facility operation costs that are directly
related to activities described in paragraphs (1), (2), and
(3).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the number of strandings that occurred in each
stranding region in the preceding 5 years;</DELETED>
<DELETED> (2) region-specific factors that increase risks of
strandings; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (e) Applications.--</DELETED>
<DELETED> (1) In general.--An applicant for a grant under
this section that is an eligible applicant described in
paragraph (2) shall submit an application in such form and
manner as the Secretary shall prescribe.</DELETED>
<DELETED> (2) Eligible applicants.--An entity is an eligible
applicant if the entity is--</DELETED>
<DELETED> (A) a nonprofit member of the Sea Turtle
Stranding and Salvage Network;</DELETED>
<DELETED> (B) an Indian Tribe;</DELETED>
<DELETED> (C) an institution of higher education;
or</DELETED>
<DELETED> (D) another public or private organization
with an established record in the rescue, recovery,
rehabilitation, transportation, or release of stranded
marine turtles.</DELETED>
<DELETED> (f) Grant Criteria.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) stranding regions;</DELETED>
<DELETED> (B) Indian Tribes;</DELETED>
<DELETED> (C) institutions of higher education;
and</DELETED>
<DELETED> (D) public or private organizations with
an established record in--</DELETED>
<DELETED> (i) the rescue, recovery,
rehabilitation, transportation, or release of
stranded marine turtles; or</DELETED>
<DELETED> (ii) scientific research, marine
conservation, or forensic science, with respect
to stranded marine turtles.</DELETED>
<DELETED> (3) Required criteria.--In developing criteria
under paragraph (1), the Secretary shall prioritize awarding
grants to applicants with an established record of rescuing,
recovering, rehabilitating, transporting, or releasing stranded
marine turtles or conducting scientific research pertinent to
the causes of strandings.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (h) Liability Waiver.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) are in support of rescue, recovery,
rehabilitation, transportation, or release
efforts;</DELETED>
<DELETED> (B) are in accordance with the purposes of
subsection (c); and</DELETED>
<DELETED> (C) reflect sound professional judgment
and are consistent with the directions of any on-site
coordinator or incident commander.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 2024 through 2029 to remain
available until expended.</DELETED>
<DELETED> (j) Definitions.--In this section:</DELETED>
<DELETED> (1) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (2) Institution of higher education.--</DELETED>
<DELETED> (A) In general.--The term ``institution of
higher education'' means an educational institution in
any State, district, commonwealth, territory, or
possession of the United States, which--</DELETED>
<DELETED> (i) admits as regular students
only persons having a certificate of graduation
from a school providing secondary education, or
the recognized equivalent of such a
certificate;</DELETED>
<DELETED> (ii) is legally authorized within
such State, district, commonwealth, territory,
or possession to provide a program of education
beyond secondary education;</DELETED>
<DELETED> (iii) provides an educational
program for which a bachelor's degree or any
other higher degree is awarded;</DELETED>
<DELETED> (iv) is a public or other
nonprofit institution; and</DELETED>
<DELETED> (v) is accredited by a nationally
recognized accrediting agency or
association.</DELETED>
<DELETED> (B) Inclusions.--The term ``institution of
higher education'' includes a research foundation
maintained by an institution of higher education
described in subparagraph (A).</DELETED>
<DELETED> (3) Marine turtle.--The term ``marine turtle''
means any member of the family Cheloniidae or
Dermochelyidae.</DELETED>
<DELETED> (4) Program.--The term ``Program'' means the Sea
Turtle Rescue Assistance Grant Program established under
subsection (a).</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (6) Stranding.--The term ``stranding'' means an
event in which--</DELETED>
<DELETED> (A) a marine turtle is dead and is--
</DELETED>
<DELETED> (i) on a beach or shore of the
United States;</DELETED>
<DELETED> (ii) in State, district,
commonwealth, territory, or possession, or
Federal, waters of the United States;
or</DELETED>
<DELETED> (iii) outside of its natural
habitat and is in the United States;
or</DELETED>
<DELETED> (B) a marine turtle is alive and is--
</DELETED>
<DELETED> (i) on a beach or shore of the
United States and in need of medical attention
or other necessary intervention to aid its
likelihood of survival;</DELETED>
<DELETED> (ii) in State, district,
commonwealth, territory, or possession, or
Federal, waters of the United States and in
need of medical attention or other necessary
intervention to aid its likelihood of survival;
or</DELETED>
<DELETED> (iii) outside of its natural
habitat, is unable to return unassisted, and is
in the United States.</DELETED>
<DELETED> (7) Stranding region.--The term ``stranding
region'' means a geographic region designated by the Secretary
under subsection (b).</DELETED>
<DELETED> (8) United states.--The term ``United States''
means any land or water of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession over which the United
States has jurisdiction, including internal waters, State
waters, the territorial sea, and the exclusive economic zone of
the United States.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sea Turtle Rescue Assistance and
Rehabilitation Act of 2023''.
SEC. 2. SEA TURTLE RESCUE, REHABILITATION, AND RESPONSE.
Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421f-1) is amended--
(1) in subsection (b), by adding at the end the following:
``(10) Sea turtle rescue, rehabilitation, and response.--
``(A) In general.--Subject to the availability of
appropriations specific to address sea turtle rescue,
rehabilitation, and response, the Secretary of Commerce
and the Director of the United States Fish and Wildlife
Service shall include separate eligibility for grants
under this subsection to address the purposes described
in paragraph (2) with respect to sea turtles.
``(B) Conditions of grant.--A grant awarded under
this subsection to address sea turtle rescue,
rehabilitation, and response shall include the
equivalent grant criteria and administration
authorities and requirements described under paragraphs
(3) through (9), developed, as appropriate, and awarded
separately for sea turtles and in consultation with the
United States Fish and Wildlife Service in lieu of the
Marine Mammal Commission.
``(C) Eligibility criteria.--In order to apply for
a grant awarded under this subsection to address sea
turtle rescue, rehabilitation, and response, an entity
shall--
``(i) submit an application described in
paragraph (5) to the Secretary of Commerce with
respect to sea turtles;
``(ii) be authorized by and in compliance
with--
``(I) an authorization issued under
section 10(a)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C.
1539(a)(1)(A)) with respect to sea
turtles; or
``(II) a cooperative agreement
entered into under section 6 of the
Endangered Species Act of 1973 (16
U.S.C. 1535) with respect to sea
turtles;
``(iii) comply with the standard conditions
for care and maintenance of captive sea turtles
prescribed by the Secretary of the Interior
when relevant facilities will be utilized for
such purposes; and
``(iv) comply with all relevant data
reporting, requirements, such as the Sea Turtle
Stranding and Salvage Network data collection
requirements.'';
(2) by striking subsection (c) and inserting the following:
``(c) Rescue and Rapid Response Funds.--
``(1) In general.--There is established in the Treasury of
the United States--
``(A) an interest-bearing fund to be known as the
`Joseph R. Geraci Marine Mammal Rescue and Rapid
Response Fund'; and
``(B) an interest-bearing fund to be known as the
`Sea Turtle Rescue, Rehabilitation, and Rapid Response
Fund'.
``(2) Use of funds.--Amounts in the funds established under
paragraph (1) shall be available only for use by the Secretary
to provide emergency assistance.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``marine mammal rescue and response'' after
``to carry out the'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after clause (ii) of
subparagraph (A) the following:
``(B) Authorization of appropriations with respect
to sea turtle rescue, rehabilitation, and response.--
There is authorized to be appropriated for the
Secretary of Commerce to carry out the sea turtle
rescue, rehabilitation, and response grant program
under subsection (b)(10), $5,000,000 for each of fiscal
years 2025 through 2030, to remain available until
expended.''; and
(iv) in subparagraph (C), as redesignated
by clause (ii), by inserting ``or (B)'' after
``subparagraph (A)''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Rescue and rapid response funds.--There is authorized
to be appropriated--
``(A) to the Joseph R. Geraci Marine Mammal Rescue
and Rapid Response Fund $500,000 for each of fiscal
years 2025 through 2030; and
``(B) to the Sea Turtle Rescue, Rehabilitation, and
Rapid Response Fund $500,000 for each of fiscal years
2025 through 2030.''.
Calendar No. 476
118th CONGRESS
2d Session
S. 2086
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to establish the Sea Turtle Rescue
Assistance Grant Program.
_______________________________________________________________________
August 1, 2024
Reported with an amendment