[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 556 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 556


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2009

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
 To establish a program of research, recovery, 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. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.

    (a) In General.--The Secretary of the Interior, acting through the 
United States Fish and Wildlife Service and the United States 
Geological Survey, shall carry out a recovery and research program for 
southern sea otter populations along the coast of California, informed 
by the prioritized research recommendations of the Final Revised 
Recovery Plan for the southern sea otter (Enhydra lutris nereis) 
published by the United States Fish and Wildlife Service and dated 
February 24, 2003, the Research Plan for California Sea Otter Recovery 
issued by the United States Fish and Wildlife Service Southern Sea 
Otter Recovery Implementation Team and dated March 2, 2007, and any 
other recovery, research, or conservation plan adopted by the United 
States Fish and Wildlife Service after the date of enactment of this 
Act in accordance with otherwise applicable law. The Recovery and 
Research Program shall include the following:
            (1) Monitoring, analysis, and assessment of southern sea 
        otter population demographics, health, causes of mortality, and 
        life history parameters, including range-wide population 
        surveys.
            (2) Development and implementation of measures to reduce or 
        eliminate potential factors limiting southern sea otter 
        populations that are related to marine ecosystem health or 
        human activities.
    (b) Reappointment of Recovery Implementation Team.--Not later than 
one year after the date of enactment of this Act, the Secretary shall 
appoint persons to a southern sea otter recovery implementation team as 
authorized under section 4(f)(2) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(f)(2)).
    (c) Southern Sea Otter Research and Recovery Grants.--
            (1) Grant authority.--The Secretary shall establish a peer-
        reviewed, merit-based process to award competitive grants for 
        research regarding southern sea otters and for projects 
        assisting the recovery of southern sea otter populations.
            (2) Peer review panel.--The Secretary shall establish as 
        necessary a peer review panel to provide scientific advice and 
        guidance to prioritize proposals for grants under this 
        subsection.
            (3) Research grant subjects.--Research funded with grants 
        under this subsection shall be in accordance with the research 
        recommendations of any plan referred to in subsection (a), and 
        may include the following topics:
                    (A) Causes of sea otter mortality.
                    (B) Southern sea otter demographics and natural 
                history.
                    (C) Effects and sources of pollutants, nutrients, 
                and toxicants on southern sea otters and sequestration 
                of contaminants.
                    (D) Effects and sources of infectious diseases and 
                parasites affecting southern sea otters.
                    (E) Limitations on the availability of food 
                resources for southern sea otters and the impacts of 
                food limitation on southern sea otter carrying 
                capacity.
                    (F) Interactions between southern sea otters and 
                coastal fisheries and other human activities in the 
                marine environment.
                    (G) Assessment of the keystone ecological role of 
                sea otters in southern and central California's coastal 
                marine ecosystems, including both the direct and 
                indirect effects of sea otter predation, especially as 
                these effects influence human welfare, resource 
                utilization, and ecosystem services.
                    (H) Assessment of the adequacy of emergency 
                response and contingency plans.
            (4) Recovery project subjects.--Recovery projects funded 
        with grants under this subsection shall be conducted in 
        accordance with recovery recommendations of any plan referred 
        to in subsection (a), and may include projects to--
                    (A) protect and recover southern sea otters;
                    (B) reduce, mitigate, or eliminate potential 
                factors limiting southern sea otter populations that 
                are related to human activities, including projects 
                to--
                            (i) reduce, mitigate, or eliminate factors 
                        contributing to mortality, adversely affecting 
                        health, or restricting distribution and 
                        abundance; and
                            (ii) reduce, mitigate, or eliminate factors 
                        that harm or reduce the quality of southern sea 
                        otter habitat or the health of coastal marine 
                        ecosystems; and
                    (C) implement emergency response and contingency 
                plans.
    (d) Report.--The Secretary shall--
            (1) within 12 months after the date of enactment of this 
        Act, report to Congress on--
                    (A) the status of southern sea otter populations;
                    (B) implementation of the Recovery and Research 
                Program and the grant program; and
                    (C) any relevant formal consultations conducted 
                under section 7 of the Endangered Species Act of 1973 
                (16 U.S.C. 1536) with respect to the southern sea 
                otter; and
            (2) within 24 months after the date of enactment of this 
        Act and every 5 years thereafter, and in consultation with a 
        southern sea otter recovery implementation team (if any) that 
        is otherwise being utilized by the Secretary under section 4(f) 
        of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), 
        report to Congress and the public on--
                    (A) an evaluation of southern sea otter health, 
                causes of southern sea otter mortality, and the 
                interactions of southern sea otters with California's 
                coastal marine ecosystems;
                    (B) an evaluation of actions taken to improve 
                southern sea otter health, reduce southern sea otter 
                mortality, and improve southern sea otter habitat;
                    (C) recommendation for actions, pursuant to current 
                law, to improve southern sea otter health, reduce the 
                occurrence of human-related mortality, and improve the 
                health of such coastal marine ecosystems; and
                    (D) recommendations for funding to carry out this 
                Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Recovery and research program.--The term ``Recovery and 
        Research Program'' means the recovery and research program 
        under section 2(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the United States Fish and 
        Wildlife Service and the United States Geological Survey.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $5,000,000 for each of fiscal years 
2010 through 2015 of which--
            (1) no less than 30 percent shall be for research grants 
        under section 2(c)(3); and
            (2) no less than 30 percent shall be for recovery projects 
        under section 2(c)(4).
    (b) Administrative Expenses.--Of amounts available each fiscal year 
to carry out this Act, the Secretary may expend not more than 7 percent 
to pay the administrative expenses necessary to carry out this Act.

SEC. 5. TERMINATION.

    This Act shall have no force or effect on and after the date the 
Secretary (as that term is used in section 4(c)(2) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination 
that the southern sea otter should be removed from the lists published 
under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)).

            Passed the House of Representatives July 28, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.