I 111th CONGRESS 1st Session H. R. 2029 IN THE HOUSE OF REPRESENTATIVES April 22, 2009 Mr. Abercrombie introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Marine Mammal Commission to establish a national research program to fund basic and applied research on marine mammals, and for other purposes.

1.

Short title

This Act may be cited as the National Marine Mammal Research Program Act of 2009.

2.

Findings

Congress finds that— (1)populations of marine mammals that occur in waters of the United States are resources of substantial ecological, scientific, socioeconomic, and esthetic value; (2)although progress has been made toward understanding the impacts of human activities and natural environmental changes on marine mammal populations, much work remains to be done; (3)some marine mammal populations are in various stages of recovery, while many others remain critically endangered and their status has not improved or has declined; (4)there is a clear need to better understand, evaluate, and mitigate the impacts on marine mammals and other marine species of an array of anthropogenic activities; (5)data gaps and scientific uncertainty present resource managers with significant challenges in implementing the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (6)funding has been insufficient to support all of the research required to fully understand and properly conserve and manage marine mammal populations; (7)in particular, in a recent report to Congress the Marine Mammal Commission recommended the establishment of a research program, the initial goal of which is to improve understanding of anthropogenic sound, its biologically significant effects on marine mammals and marine ecosystems, and effective means for mitigating and monitoring those effects; (8)understanding marine mammals through research is essential for using the oceans wisely and protecting marine living resources, and the United States should maintain its world leadership in marine mammal science and oceanography as one key to its competitive future; and (9)the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) has research and management responsibilities under that Act that make it the appropriate entity to administer a marine mammal research program.

3.

National Marine Mammal Research Program

(a)

Establishment of program

Title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401 et seq.) is amended— (1)by inserting after the title heading the following: A

General provisions

; and(2)by adding at the end the following: B

Marine Mammal Research

221.

National Marine Mammal Research Program

(a)

Establishment

The Commission shall establish a program to be known as the National Marine Mammal Research Program. (b)

Purposes

The purposes of the program are as follows: (1)To undertake research to improve the Nation’s understanding of marine mammals, the factors, natural and human related, that affect and threaten the health of their populations and habitats, and the means of mitigating those effects to ensure marine mammal conservation. (2)To coordinate and strengthen scientific research efforts in support of those goals by— (A)identifying and developing partnerships among Federal agencies, academia, industry, and other members of the oceanographic and marine mammal scientific communities in the areas of data collection, research, resource management public education, and communication; and (B)reporting annually to Congress on the program. (c)

Duties

The Commission shall— (1)prescribe such policies and procedures necessary to implement the Research Program; (2)implement and support the Research Coordinating Committee, established under section 222; (3)supervise the performance of duties by the Program Office established under subsection (d); (4)prepare an annual report to Congress on research undertaken and benefits thereof; and (5)conduct periodic program reviews. (d)

Authorities

The Commission shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this section, including the authority to— (1)enter into contracts, make grants, or enter other arrangements as may be necessary for the purpose of implementing the Research Program and carrying out the responsibilities of the Research Coordinating Committee established under section 222— (A)with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational institution; (B)with or without reimbursement; (C)without performance or other bonds; and (D)without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); (2)accept and use the services of voluntary and uncompensated personnel necessary for the conduct of the work of the Research Program and provide transportation and subsistence as authorized by section 5703 of title 5, United States Code, for persons serving without compensation; and (3)prescribe such rules and regulations as it determines necessary governing the operation and organization of the Research Program. (e)

National Marine Mammal Research Program Office

(1)

Establishment

The Commission shall establish a National Marine Mammal Research Program Office for the Research Program. The Commission shall use competitive procedures in selecting an operator for the Program Office. (2)

Duties

The Commission shall assign the following duties to the Program Office: (A)Work with the Commission and the Research Coordinating Committee to draft the program announcement, identify proposal selection criteria, organize and conduct an independent peer review of the proposals, and recommend to the Commission and Research Coordinating Committee projects and funding allocations for implementation under the Research Program. (B)Manage the process for soliciting proposals for research, including managing peer review of such projects, subject to oversight and approval by the Commission and the Research Coordinating Committee. (C)Submit an annual report on the status of all projects and activities of the office, for review by the Research Coordinating Committee and final approval and release by the Commission. (D)Undertake any additional duties for the administration of the Research Program that the Commission or the Research Coordinating Committee considers appropriate. (f)

Annual report

The Commission shall transmit to Congress an annual report on progress made in implementing this subtitle. The report shall contain the following: (1)A description of activities of the Research Program carried out during the preceding fiscal year, with a list of the members of the Research Coordinating Committee and any subcommittees in existence during the fiscal year. (2)A general outline of the activities planned or conducted for the Research Program during the fiscal year for which the report is prepared. (3)A description of the involvement of the Research Program with Federal interagency coordinating entities. (4)The programs, projects, and activities of the Research Program and the estimated expenditures under such programs, projects, and activities during the subsequent fiscal year.

222.

National Marine Mammal Research Coordinating Committee

(a)

Committee

The President, after consultation with the Commission, shall create a National Marine Mammal Research Coordinating Committee. (b)

Membership

(1)

In general

The Research Coordinating Committee shall be composed of representatives of the following with experience relevant to the purposes of this subtitle: (A)The Secretary of the Navy. (B)The Administrator of the National Oceanic and Atmospheric Administration. (C)The Director of the National Science Foundation. (D)The Administrator of the National Aeronautics and Space Administration. (E)The Administrator of the Environmental Protection Agency. (F)The Commandant of the Coast Guard. (G)The Director of the United States Fish and Wildlife Service. (H)The Director of the United States Geological Survey. (I)The Director of the Minerals Management Service. (J)The President of the National Academy of Sciences. (K)The Director of the Office of Science and Technology Policy. (L)The Director of the Office of Management and Budget. (M)The Executive Director of the Commission. (N)One member appointed by the Research Coordinating Committee from among individuals who will represent the views of ocean industries with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. (O)One member appointed by the Research Coordinating Committee from among individuals who will represent the views of State governments with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. (P)One member appointed by the Research Coordinating Committee from among individuals who will represent the views of academia with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. (Q)One member appointed by the Research Coordinating Committee from among individuals who will represent the views of the marine conservation community with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. (R)One member appointed by the Research Coordinating Committee from among individuals who will represent such other views as the chairman of such committee considers appropriate. (2)

FACA

The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Research Coordinating Committee. (3)

Limitation on service on Committee of Scientific Advisors on Marine Mammals

A member of the Research Coordinating Committee may not simultaneously serve as a member of the Committee of Scientific Advisors on Marine Mammals established under section 203. (c)

Chairman and vice chairman

The Executive Director of the Marine Mammal Commission shall be the chairman of the Research Coordinating Committee and the Administrator of the National Oceanic and Atmospheric Administration shall be the vice chairman of the Research Coordinating Committee. The chairman may create subcommittees chaired by the representative of any member agency of the Research Coordinating Committee to, among other tasks, receive advice, input, or comments from experts on the national marine mammal research plan developed under section 223. (d)

Term of office

The term of office of a member of the Research Coordinating Committee appointed under subparagraph (N), (O), (P), (Q), or (R) of subsection (b)(1) shall be 3 years, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term. (e)

Responsibilities

The Research Coordinating Committee shall have the following responsibilities: (1)Develop a national marine mammal research plan under section 223. (2)Facilitate cooperation among Federal agencies and departments with respect to marine mammal research. (3)Revise as necessary and approve the program announcement developed by the Program Office. (4)Estimate, to the extent practicable, Federal funding needed for marine mammal research activities to be conducted under the Plan. (5)Review and revise, at a minimum every 3 years or as necessary the marine mammal research plan. (f)

Contract and grant authority

(1)

In general

The Federal departments and agencies involved in the Research Coordinating Committee may participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any Federal participant on the Research Coordinating Committee for the purposes of carrying out any administrative or programmatic project or activity under this subtitle, including support for the Program Office and the Research Program. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Research Coordinating Committee member and the costs of the same. (2)

Volunteers and gifts, devises, and bequests

For the purposes of carrying out this subtitle the Commission may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests. (g)

National Research Council evaluation

The chairman of the Research Coordinating Committee shall seek to enter into an agreement with the National Research Council under which the National Research Council shall periodically evaluate the scientific content of the Plan and the implementation of the research conducted under the Research Program and provide information and advice obtained from United States and international sources and recommendations for priorities for future marine mammal research. (h)

Public participation

The Executive Director of the Commission shall publish the Plan, and any revision thereof, in the Federal Register for a public comment period of not less than 60 days.

223.

National Marine Mammal Research Plan

The Research Coordinating Committee shall develop within one year after the date of enactment of this subtitle a comprehensive 5-year national marine mammal research plan to— (1)improve understanding of marine mammals, their health, and their role in the marine environment; (2)characterize the impact of human-related activities on marine mammals, at the individual, population, and ecosystem levels; (3)evaluate existing conservation, mitigation, and monitoring measures; (4)develop more effective management measures for marine mammals; and (5)identify critical research gaps and uncertainties, establish research priorities, and estimate the budgets needs for each of the priorities.

224.

Definitions

In this subtitle: (1)

Plan

The term Plan means the national marine mammal research plan developed under section 223. (2)

Program

The term Program means the National Marine Mammal Research Program established under section 221(a). (3)

Program Office

The term Program Office means the National Marine Mammal Research Program Office established under section 221(f). (4)

Research Coordinating Committee

The term Research Coordinating Committee means the National Marine Mammal Research Coordinating Committee created under section 222(a).

225.

Authorization of appropriations

In addition to amounts otherwise authorized to be appropriated, there is to be authorized to be appropriated to the Commission to implement this subtitle $25,000,000 for each of fiscal years 2010, 2011, 2012, 2013, and 2014.

. (b)

Clerical amendment

The table of contents in the first section of such Act is amended— (1)by inserting after the item for the heading for title II the following: Subtitle A—General Provisions ; and(2)by adding at the end of the items for title II the following: Subtitle B—Marine Mammal Research Sec. 221. National Marine Mammal Research Program. Sec. 222. National Marine Mammal Research Coordinating Committee. Sec. 223. National Marine Mammal Research Plan. Sec. 224. Definitions. Sec. 225. Authorization of appropriations. .