[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2323 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2323

To establish a program of research and other activities to provide for 
                the recovery of the southern sea otter.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2005

Mr. Farr (for himself, Mrs. Capps, Ms. Woolsey, Mr. Lantos, Ms. Eshoo, 
Mr. Berman, Mr. Case, Mr. Hinchey, Mr. McDermott, Mr. George Miller of 
   California, Mr. Owens, Ms. Roybal-Allard, Ms. Linda T. Sanchez of 
 California, Mr. Sherman, Mrs. Tauscher, Mr. Van Hollen, Mr. Grijalva, 
 Mr. Foley, Mr. Abercrombie, Mr. Blumenauer, Mr. Shays, and Mr. Issa) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To establish a program of research and other activities to provide for 
                the recovery of the southern sea otter.

    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 ``Southern Sea Otter Recovery and 
Research Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Sea otters were hunted to near extinction in the 18th 
        and 19th centuries along the west coast of the United States. 
        Today a small population of southern sea otters exists along 
        the California coastline.
            (2) Southern sea otters are listed as a threatened species 
        under the Endangered Species Act of 1973, and are recognized as 
        depleted under the Marine Mammal Protection Act of 1972.
            (3) Southern sea otters have educational, economic, 
        ecological, and scientific importance to the people of 
        California and the Nation.
            (4) Recent studies have--
                    (A) determined that an elevated level of mortality, 
                particularly in adult southern sea otters, is limiting 
                recovery of the population; and
                    (B) determined that the major threats to the 
                southern sea otter are largely due to degraded marine 
                ecosystems, including infectious diseases, 
                sequestration of contaminants, food resource 
                limitations, and coastal oil spills.
            (5) Enactment of provisions to implement the United States 
        Fish and Wildlife Service document entitled ``Final Revised 
        Recovery Plan for the southern sea otter (Enhydra lutris 
        nereis)'' could lead to delisting of the southern sea otter 
        under the Endangered Species Act of 1973.
            (6) The public would benefit from having well managed and 
        viable fisheries, healthy marine ecosystems, and a recovered 
        sea otter population.
            (7) Research underlies every aspect of recovering southern 
        sea otter populations, educating citizens and stakeholders, and 
        restoring coastal ecosystems.

SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM.

    (a) In General.--The Secretary of the Interior, acting through the 
United States Fish and Wildlife Service (in this Act referred to as the 
``Secretary''), shall carry out a recovery program for southern sea 
otter populations along the coast of California. The recovery program 
shall include the following:
            (1) Monitoring and analysis of southern sea otter 
        population demographics and life history parameters, including 
        a biannual population count.
            (2) Protection of southern sea otter populations.
            (3) Reduction or elimination of potential factors limiting 
        southern sea otter populations that are related to human 
        activities.
            (4) Assessment of southern sea otter health in accordance 
        with the Southern Sea Otter Health Assessment Plan developed 
        under subsection (c).
            (5) Education and outreach to the public about southern sea 
        otters and how human activities affect their survival.
    (b) Annual Report.--The Secretary shall report on the status of 
southern sea otter populations as part of annual reports to the 
Congress under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
et seq.) or other reporting requirements.
    (c) Health Assessment Plan.--The Secretary shall--
            (1) in consultation with the Southern Sea Otter Recovery 
        Implementation Team established under section 6, develop a 
        Southern Sea Otter Health Assessment Plan;
            (2) collect and analyze tissue samples from southern sea 
        otters;
            (3) after such analysis, submit the tissue samples to the 
        Secretary of Commerce for inclusion in the National Marine 
        Mammal Tissue Bank provided for under section 407 of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1421f) to allow for 
        managed access to the tissues by other researchers; and
            (4) review progress on the implementation of the Southern 
        Sea Otter Health Assessment Plan developed under paragraph (1) 
        and report the status of the plan as part of the report under 
        subsection (b).
    (d) Contents of Plan.--The Southern Sea Otter Health Assessment 
Plan developed under subsection (a)(1) shall include--
            (1) mechanisms to systematically assess and evaluate, among 
        other matters, the immunology, virology, toxicology, 
        bacteriology, parasitology, endocrinology, and nutritional 
        status of southern sea otters; and
            (2) identification of centers of expertise and resources to 
        implement the plan.
    (e) Promotion of Ecosystem Sustainability.--In implementing this 
section, the Secretary shall seek to recover sea otters while promoting 
ecosystem sustainability by addressing--
            (1) key threats to marine ecosystem health, and ways to 
        mitigate those threats; and
            (2) mechanisms to revise the plan developed under 
        subsection (c) to adapt in a timely manner to new information 
        on the health of marine ecosystems.

SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM.

    (a) Grant Authority.--The Secretary shall award competitive grants 
to support research regarding southern sea otters.
    (b) Research Subjects.--Research funded with grants under this 
section shall be in accordance with the research goals established by 
the Sea Otter Recovery Implementation Team under section 5, and shall 
include the following topics:
            (1) Southern sea otter demographics and natural history.
            (2) The effects and sources of contaminants on southern sea 
        otters and sequestration of contaminants.
            (3) Infectious diseases and parasites affecting southern 
        sea otters.
            (4) Limitations on the availability of food resources for 
        southern sea otters and the impacts of food limitation on 
        southern sea otter carrying capacity.
    (c) Recommendation of Grants by Recovery Implementation Team 
Required.--The Secretary--
            (1) shall submit each grant proposal submitted under this 
        section to the Southern Sea Otter Recovery Implementation Team 
        established under section 5; and
            (2) may not make a grant under this section unless the 
        grant proposal has been recommended by such Team.

SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTATION TEAM.

    (a) Establishment.--The Secretary of the Interior shall establish 
the Southern Sea Otter Recovery Implementation Team (in this section 
referred to as the ``Team''). The Federal Advisory Committee Act (5 
App. U.S.C.) shall not apply to the Team.
    (b) Functions.--The Team shall--
            (1) make recommendations to the Secretary regarding overall 
        implementation of the southern sea otter recovery program and 
        research goals;
            (2) make recommendations to the Secretary regarding 
        prioritization of recovery actions, funding needs, and 
        implementation schedules;
            (3) facilitate coordination, cooperation, and communication 
        amongst persons interested in southern sea otter recovery;
            (4) facilitate implementation of actions identified in the 
        recovery plan for the southern sea otter;
            (5) monitor progress of recovery actions for the southern 
        sea otter;
            (6) recommend changes to the recovery plan as new 
        information is obtained or unexpected conservation issues 
        arise;
            (7) review the recommendations of the Scientific Advisory 
        Subcommittee established by section 6; and
            (8) make recommendations to the Secretary regarding funding 
        of scientific research under section 4.
    (c) Membership.--
            (1) In general.--The Team shall have balanced 
        representation and shall consist of no more than 13 members. 
        The Secretary shall appoint members of the Team from among--
                    (A) individuals who are representatives of Federal, 
                State, or local agencies with expertise in sea otter 
                management;
                    (B) individuals who are representatives of local 
                marine user groups, which may include commercial and 
                recreational fishing organizations;
                    (C) individuals who are representatives of marine 
                conservation and other public interest organizations;
                    (D) individuals who are representatives of 
                organizations involved in southern sea otter rescue, 
                rehabilitation, and release; and
                    (E) individuals who are representatives of 
                scientific and educational organizations.
            (2) Chair.--The Team shall elect a member of the Team as 
        chair of the Team for a term of 3 years. A member of the Team 
        may not serve more than 2 terms as chair.
    (d) Staffing and Assistance.--The Secretary may make available to 
the Team any staff, information, administrative services, or assistance 
the Secretary determines is reasonably required to enable the Team to 
carry out its function.
    (e) Administration.--
            (1) Internal administrative regulations.--The Team shall 
        adopt rules, procedures, and other internal administrative 
        regulations as may be necessary to carry out its functions.
            (2) Subsidiary bodies.--The Team may establish such 
        subsidiary bodies as it considers necessary to carry out its 
        functions.
            (3) Conflicts of interest.--Team members shall address 
        conflicts of interest and other ethical problems in accordance 
        with the following guidelines:
                    (A) Members must disqualify themselves from 
                advising on a matter that has direct and predictable 
                effect on their personal financial matters, those of a 
                client, or those of a company by which they are 
                employed, apart from matters that are inherent in their 
                employment or outside affiliation.
                    (B) Members who participated in the development of 
                a proposal may not participate in the review and 
                recommendation of grants under section 4(c) with 
                respect to the proposal by the Team.
                    (C) Members must not solicit business for 
                themselves or their firms or seek an economic advantage 
                based on their position on the Team.
                    (D) Members must hold any nonpublic information 
                obtained as a result of their services on the Team in 
                confidence and ensure that it is used exclusively for 
                official purposes. Members should not use or permit the 
                use of such information for their own private gain or 
                the gain of another person.
                    (E) Members must not use the resources available to 
                the Team for purposes of assisting a political 
                campaign, or for any political campaign business.
    (f) Public Participation and Procedural Matters.--The following 
apply with respect to the conduct of business meetings of the Team:
            (1) With the exception of executive sessions, each meeting 
        shall be open to the public, and interested persons shall be 
        allowed to present oral or written statements on items on the 
        agenda.
            (2) Regular business meetings of the Team shall occur at 
        least once each year. Other meetings of the Team may be held at 
        the call of the chair.
            (3) Timely notice of each meeting, including the time, 
        place, and agenda of the meeting, shall be published locally 
        and may be published in the Federal Register.
            (4) Minutes of each meeting shall be kept, and shall 
        contain a summary of attendees and matters discussed.
    (g) Responsibilities of the Secretary.--The Secretary shall oversee 
and coordinate all Team activities, and shall be responsible for the 
following:
            (1) Establishing and disbanding the Team.
            (2) Defining team functions (including revising the terms 
        of reference for the Team) and establishing schedules for the 
        Team for completing its products.
            (3) Approving, adopting, and amending recovery plans.
            (4) Transmitting Team recommendations to other agencies and 
        organizations, as appropriate.
            (5) Providing staff, information, and administrative 
        services necessary for the Team to carry out its function.

SEC. 6. SCIENTIFIC ADVISORY SUBCOMMITTEE OF THE SEA OTTER RECOVERY 
              IMPLEMENTATION TEAM.

    (a) Establishment.--The Southern Sea Otter Recovery Implementation 
Team established under section 5 shall establish the Scientific 
Advisory Subcommittee (in this section referred to as the ``Advisory 
Committee''). The Federal Advisory Committee Act (5 App. U.S.C.) shall 
not apply to the Advisory Subcommittee.
    (b) Functions.--The Advisory Subcommittee shall--
            (1) evaluate the scientific merit and quality of southern 
        sea otter research proposals submitted for funding in response 
        to a request by the Secretary for proposals, based on the 
        research goals established by the Southern Sea Otter 
        Implementation Team under section 5(b)(1); and
            (2) make recommendations to the Southern Sea Otter Recovery 
        Implementation Team regarding funding of such proposals.
    (c) Membership.--The Advisory Subcommittee shall have balanced 
representation, and shall consist of no more than 11 members appointed 
by the Southern Sea Otter Recovery Implementation Team from among 
individuals with a doctorate or equivalent education degree or with 
proven expertise in sea otter science or sea otter health. The Southern 
Sea Otter Recovery Implementation Team shall, in consultation with the 
Secretary and the Marine Mammal Commission, appoint members of the 
Advisory Committee from among qualified individuals who represent the 
views of--
            (1) Federal, State, or local agencies with expertise in sea 
        otter management;
            (2) local marine user groups, which may include commercial 
        and recreational fishing organizations;
            (3) marine conservation and other public interest 
        organizations;
            (4) organizations involved in southern sea otter rescue, 
        rehabilitation, and release; and
            (5) scientific and educational organizations.
    (d) Terms.--
            (1) In general.--Except as provided in paragraph (2), the 
        term of a member of the Advisory Subcommittee shall be 3 years.
            (2) Initial appointments.--Of the members first appointed 
        as members of the Advisory Subcommittee--
                    (A) 3 shall be appointed to an initial term of 1 
                year; and
                    (B) 3 shall be appointed to an initial term of 2 
                years.
    (e) Conflicts of Interest.--A member of the Advisory Subcommittee 
who participated in the development of a proposal may not participate 
in the review and recommendation of grants under section 4(c) with 
respect to the proposal by the Advisory Subcommittee.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary of the Interior to carry out this Act $5,000,000 for each of 
fiscal years 2007 through 2012, of which $2,000,000 each fiscal year 
shall be for grants under section 4 and the remainder for carrying out 
the recovery activities listed in section 3.
    (b) Administrative Expenses.--Of amounts available each fiscal year 
to carry out section 5, the Secretary may expend not more than 6 
percent or $80,000, whichever is greater, to pay the administrative 
expenses necessary to carry out section 5.
                                 <all>