[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4948 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4948
To require the Secretary of Commerce to establish a grant program to
foster enhanced coexistence between ocean users and North Atlantic
right whales and other large cetacean species.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2024
Mr. Manchin (for himself and Mr. Graham) 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 a grant program to
foster enhanced coexistence between ocean users and North Atlantic
right whales and other large cetacean species.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
For the period beginning on the date of the enactment of this Act
and ending on December 31, 2030, the North Atlantic right whale vessel
strike reduction rule contained in section 224.105 of title 50, Code of
Federal Regulations, as in effect during fiscal year 2022, may not be
amended, updated, modified, or replaced.
SEC. 2. NORTH ATLANTIC RIGHT WHALE AND OTHER LARGE CETACEAN SPECIES
GRANT PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a competitive
grant program to award amounts, on an annual basis, to eligible
entities for the eligible uses described in subsection (e).
(b) Administration.--The Secretary shall enter into a cooperative
agreement with the Foundation pursuant to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) for the
Foundation to manage and administer the Program.
(c) Applications.--To be eligible for a grant under the Program, an
eligible entity shall submit to the Foundation an application in such
form, at such time, and containing such information as the Foundation
determines appropriate.
(d) Funding.--
(1) In general.--After the Secretary enters into a
cooperative agreement with the Foundation under subsection
(b)--
(A) the Secretary shall provide to the Foundation
the amounts made available under this section to carry
out the Program in an advance payment of the entire
amount on October 1, or as soon as practicable
thereafter, for each fiscal year; and
(B) the Foundation shall invest and reinvest excess
such amounts for the benefit of the Program.
(2) Application of national fish and wildlife foundation
establishment act.--Amounts received by the Foundation under
this section to carry out the Program shall be subject to the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.), except for section 10(a) of that Act (16
U.S.C. 3709(a)).
(e) Eligible Uses.--An eligible entity that is awarded a grant
under the Program may use such grant to develop, assess, and carry out
activities that reduce lethal and sub-lethal interactions between ocean
users and North Atlantic right whales and other large cetacean species,
including--
(1) funding research to identify, deploy, or test
innovative avoidance technologies that reduce or eliminate
harmful interactions between ocean users and North Atlantic
right whales and other large cetacean species;
(2) efforts to enhance awareness of existing North Atlantic
right whale management measures and rules;
(3) developing on-the-water approaches to support the
coexistence of ocean users and North Atlantic right whales and
other large cetacean species;
(4) funding the expansion of infrastructure and capacity to
disseminate management and other relevant information that
reduces harmful interactions between ocean users and North
Atlantic right whales and other large cetacean species,
especially such interactions that can lead to lethal or sub-
lethal injury; and
(5) other uses the Foundation, in consultation with the
Secretary and relevant eligible entities, determines
appropriate.
(f) Priority.--In awarding grants under the Program, the Foundation
shall give priority to applications--
(1) with a substantial likelihood of reducing lethal and
sub-lethal interactions between ocean users and North Atlantic
right whales and other large cetacean species;
(2) that include cooperation among ocean users; and
(3) that demonstrate, or have the potential to provide,
economic benefits to small businesses reliant upon fishing,
tourism, and maritime-related activities based in the United
States.
(g) Prohibited Uses.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that is awarded a grant under the Program may
not use such grant to distribute resources to an entity or
individual that is not a United States person.
(2) Exception.--An eligible entity that is awarded a grant
under the Program may use such grant to distribute resources to
a partnership that includes an entity or individual that is not
a United States person if the resources are distributed
directly to a partner in the partnership that is a United
States person.
(h) Report.--Not later than 2 years after the date of the enactment
of this Act, and every 2 years thereafter, the Secretary shall submit
to the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report regarding the results and effectiveness of--
(1) projects carried out with a grant awarded under the
Program; and
(2) work carried out pursuant to--
(A) section 201 of division JJ of the Consolidated
Appropriations Act, 2023 (16 U.S.C. 1393); and
(B) section 11303 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (16
U.S.C. 1391).
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $10,000,000, to remain
available until expended.
(2) Administrative expenses.--Each fiscal year, of the
amounts made available to carry out this section under
paragraph (1), the Foundation may use not more than 5 percent
or $80,000, whichever is greater, of such amounts for the
administrative expenses of the Program.
(j) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, regional, local, or Tribal government;
(B) a nonprofit organization or research
institution with expertise in on-the-water technology
for the monitoring or detection of North Atlantic right
whales and other large cetacean species;
(C) any individual or entity the Secretary and the
Foundation jointly determine appropriate, including
ocean users in the fishing, tourism, fishing tackle
manufacturing, boating, shipping, marine electronics,
ship piloting, vessel towing, and other maritime
sectors; or
(D) a consortium of 2 or more entities described in
any of subparagraphs (A) through (C).
(2) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(3) Program.--The term ``Program'' means the program
established under subsection (a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.
(5) United states person.--The term ``United States
person'' has the meaning given the term in section 7701(a)(30)
of the Internal Revenue Code of 1986.
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