[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3059 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 690
114th CONGRESS
  2d Session
                                S. 3059

                          [Report No. 114-386]

To reauthorize and amend the John H. Prescott Marine Mammal Rescue and 
             Response Grant Program and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2016

Ms. Cantwell (for herself, Mr. Sullivan, Ms. Murkowski, and Mr. Schatz) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 28, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend the John H. Prescott Marine Mammal Rescue and 
             Response Grant Program and for other purposes.

    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 ``Marine Mammal Research and 
Response Act of 2016''.</DELETED>

<DELETED>SEC. 2. DATA COLLECTION AND DISSEMINATION.</DELETED>

<DELETED>    Section 402 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421a) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by inserting ``or 
                entangled'' after ``stranded'';</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by striking ``strandings,'' 
                        and inserting ``strandings and entanglements, 
                        including unusual mortality 
                        events,'';</DELETED>
                        <DELETED>    (ii) by inserting ``stranding'' 
                        before ``region''; and</DELETED>
                        <DELETED>    (iii) by striking ``marine 
                        mammals; and'' and inserting ``and entangled 
                        marine mammals to allow comparison of the 
                        causes of illness and deaths in stranded and 
                        entangled marine mammals with physical, 
                        chemical, and biological environmental 
                        parameters; and''; and</DELETED>
                <DELETED>    (C) in paragraph (4), by striking 
                ``analyses, that would allow comparison of the causes 
                of illness and deaths in stranded marine mammals with 
                physical, chemical, and biological environmental 
                parameters.'' and inserting ``analyses.''; 
                and</DELETED>
        <DELETED>    (2) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Data Availability.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall develop a 
        program to make information, including any data and metadata, 
        collected under subsection (b) available to researchers, 
        stranding networks, and the public--</DELETED>
                <DELETED>    ``(A) to improve real-time coordination of 
                response to stranding and entanglement events across 
                geographic areas and between stranding 
                coordinators;</DELETED>
                <DELETED>    ``(B) to identify and quickly disseminate 
                information on potential public health risks;</DELETED>
                <DELETED>    ``(C) to facilitate integrated 
                interdisciplinary research;</DELETED>
                <DELETED>    ``(D) to facilitate peer-reviewed 
                publications;</DELETED>
                <DELETED>    ``(E) to archive regional data into one 
                national database for future analyses; and</DELETED>
                <DELETED>    ``(F) for education and outreach 
                activities.</DELETED>
        <DELETED>    ``(2) Public access.--The Secretary shall ensure 
        that--</DELETED>
                <DELETED>    ``(A) all information, including data and 
                metadata, collected under subsection (b) is archived in 
                a form that is readily accessible, understandable, and 
                can be easily shared with, the public, as appropriate, 
                through the Marine Mammal Health Map established under 
                section 408A; and</DELETED>
                <DELETED>    ``(B) not later than 60 days after the 
                date that any information, including any data and 
                metadata, collected under paragraph (1), (2), or (3) of 
                subsection (b), is made readily available to stranding 
                network participants, other qualified scientists, 
                employees of the Federal Government, and the public 
                through the Marine Mammal Health Map and the Integrated 
                Ocean Observation System.</DELETED>
<DELETED>    ``(d) Data Reporting Requirements.--The Secretary shall 
require each stranding network participant to submit to the National 
Oceanic and Atmospheric Administration, for inclusion in the Marine 
Mammal Health Map established under section 408A the 
following:</DELETED>
        <DELETED>    ``(1) NOAA Form 89-864 (OMB #0648-0178) and NOAA 
        Form 89-878 (OMB #0648-0178), or similar successor form, not 
        later than 30 days after the date of a response to a stranding 
        or entanglement event.</DELETED>
        <DELETED>    ``(2) The information, including any data and 
        metadata, described in paragraphs (1) and (2) of subsection 
        (b), not later than 30 days after the date that the information 
        is available or updated, as applicable.</DELETED>
        <DELETED>    ``(3) The information, including any data and 
        metadata, described in paragraphs (3) and (4) of subsection 
        (b), not later than 30 days after the date that the stranding 
        network responds to a stranding or entanglement 
        event.''.</DELETED>

<DELETED>SEC. 3. STRANDING OR ENTANGLEMENT RESPONSE 
              AGREEMENTS.</DELETED>

<DELETED>    Section 403 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421b) is amended--</DELETED>
        <DELETED>    (1) in the section heading by inserting ``or 
        entanglement'' before ``response''; and</DELETED>
        <DELETED>    (2) in subsection (a), by striking the period at 
        the end and inserting ``or entanglement.''.</DELETED>

<DELETED>SEC. 4. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.</DELETED>

<DELETED>    (a) Uses of the Marine Mammal Unusual Mortality Event 
Fund.--Subsection (b) of section 405 of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1421d) is amended to read as follows:</DELETED>
<DELETED>    ``(b) Uses.--Amounts in the Fund--</DELETED>
        <DELETED>    ``(1) shall be available only for use by the 
        Secretary, in consultation with the Secretary of the Interior 
        and dispersed among claimants based on budgets approved by the 
        Secretary prior to expenditure--</DELETED>
                <DELETED>    ``(A) to make advance, partial, or 
                progress payments under contracts or other funding 
                mechanisms for property, supplies, salaries, services, 
                and travel costs incurred in acting in accordance with 
                the contingency plan issued under section 404(b) or 
                under the direction of an Onsite Coordinator for an 
                unusual mortality event;</DELETED>
                <DELETED>    ``(B) for reimbursing any stranding 
                network participant for costs incurred in the 
                preparation, analysis, and transportation of marine 
                mammal tissues collected with respect to an unusual 
                mortality event, including such transportation, for the 
                Tissue Bank; and</DELETED>
                <DELETED>    ``(C) for care and maintenance of marine 
                mammal seized under section 104(c)(2)(D); and</DELETED>
        <DELETED>    ``(2) shall remain available until 
        expended.''.</DELETED>
<DELETED>    (b) Deposits Into the Fund.--Subsection (c) of section 405 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (3), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) sums received for marine mammal 
        conservation, including assessment costs, fines, penalties, 
        restitution, natural resource damages, and forfeitures of 
        property for violations of any provision of this Act or other 
        environmental statute and sums received from emergency 
        declaration grants for marine mammal conservation; 
        and</DELETED>
        <DELETED>    ``(5) up to $750,000 per fiscal year, as 
        determined by the Secretary of Commerce and the Secretary of 
        the Interior, from amounts appropriated to the Secretary for 
        carrying out this title and other titles of this 
        Act.''.</DELETED>

<DELETED>SEC. 5. LIABILITY.</DELETED>

<DELETED>    Section 406(a) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421e(a)) is amended by inserting ``or entanglement'' after 
``to a stranding''.</DELETED>

<DELETED>SEC. 6. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE 
              ANALYSIS.</DELETED>

<DELETED>    Section 407 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421f) is amended--</DELETED>
        <DELETED>    (1) in subsection (c)(2)(A), by striking ``the 
        health of marine mammals'' and inserting ``marine mammal health 
        and mortality and the health of''; and</DELETED>
        <DELETED>    (2) in subsection (d), by inserting ``public'' 
        before ``access''.</DELETED>

<DELETED>SEC. 7. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE 
              GRANT PROGRAM AND RAPID RESPONSE FUND.</DELETED>

<DELETED>    (a) In General.--Section 408 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1421f-1) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE 
              GRANT PROGRAM AND RAPID RESPONSE FUND.</DELETED>

<DELETED>    ``(a) John H. Prescott Marine Mammal Rescue and Response 
Grant Program.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall conduct a grant program to 
        be known as the John H. Prescott Marine Mammal Rescue and 
        Response Grant Program (hereinafter in this section referred to 
        as the `Grant Program') to award grants to eligible stranding 
        network participants or stranding network collaborators as 
        described in this subsection.</DELETED>
        <DELETED>    ``(2) Purposes.--The purposes of the Grant Program 
        are to provide for--</DELETED>
                <DELETED>    ``(A) the recovery or treatment of sick, 
                injured, or entangled marine mammals;</DELETED>
                <DELETED>    ``(B) marine mammal stranding events that 
                require emergency assistance;</DELETED>
                <DELETED>    ``(C) the collection of data and samples 
                from living or dead stranded marine mammals for 
                scientific research regarding marine mammal 
                health;</DELETED>
                <DELETED>    ``(D) facility operating costs that are 
                directly related to activities described in 
                subparagraph (A), (B), or (C); and</DELETED>
                <DELETED>    ``(E) development of Stranding Network 
                capacity, including training for emergency response, 
                where facilities do not exist or are sparse.</DELETED>
        <DELETED>    ``(3) Contract, grant, and cooperative agreement 
        authority.--The Secretary may enter into a contract, grant, or 
        cooperative agreement with any person, as the Secretary 
        determines appropriate, for the purposes described in paragraph 
        (2).</DELETED>
        <DELETED>    ``(4) Equitable distribution of funds.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                ensure, to the extent practicable, that funds awarded 
                under the Grant Program are distributed equitably among 
                the stranding regions.</DELETED>
                <DELETED>    ``(B) Preferences.--The Secretary shall 
                give preference to awarding funds under the Grant 
                Program in each stranding region to any facility with 
                an established record of marine mammal rescue and 
                rehabilitation, or of scientific data collection and 
                research on sick, stranded, or entangled marine mammals 
                where such facilities exist.</DELETED>
                <DELETED>    ``(C) Considerations.--In determining 
                priorities among the stranding regions under this 
                paragraph, the Secretary may consider--</DELETED>
                        <DELETED>    ``(i) any episodic stranding, 
                        entanglement, or mortality event, except for an 
                        unusual mortality event, that occurred in any 
                        stranding region in the preceding 
                        year;</DELETED>
                        <DELETED>    ``(ii) any data regarding average 
                        annual stranding, entanglements, and mortality 
                        events per stranding region;</DELETED>
                        <DELETED>    ``(iii) the size of the marine 
                        mammal populations inhabiting a geographic area 
                        within a stranding region; and</DELETED>
                        <DELETED>    ``(iv) the conservation of 
                        threatened or endangered marine mammal 
                        species.</DELETED>
        <DELETED>    ``(5) Application.--To apply for a grant under the 
        Grant Program a stranding network participant shall--</DELETED>
                <DELETED>    ``(A) submit an application in such form 
                and manner as the Secretary prescribes; and</DELETED>
                <DELETED>    ``(B) comply with the data reporting 
                requirements of section 402(d).</DELETED>
        <DELETED>    ``(6) Consultation.--The Secretary shall consult 
        with the Marine Mammal Commission, a representative from each 
        of the stranding regions, and other individuals who represent 
        public and private organizations that are actively involved in 
        rescue, rehabilitation, release, scientific research, marine 
        conservation, and forensic science regarding stranded marine 
        mammals to develop criteria for awarding grants under the Grant 
        Program.</DELETED>
        <DELETED>    ``(7) Limitations.--</DELETED>
                <DELETED>    ``(A) Maximum grant amount.--No grant made 
                under the Grant Program for a single project may exceed 
                $200,000 in any 12-month period.</DELETED>
                <DELETED>    ``(B) Unexpended funds.--Any funds awarded 
                under the Grant Program that are unexpended or 
                unobligated at the end a 12-month period--</DELETED>
                        <DELETED>    ``(i) shall remain available until 
                        expended; and</DELETED>
                        <DELETED>    ``(ii) shall not be taken into 
                        account for any other 12-month period for the 
                        purposes of subparagraph (A).</DELETED>
        <DELETED>    ``(8) Matching requirement.--The non-Federal share 
        of the costs of an activity conducted with funds awarded under 
        the Grant Program shall be 25 percent of such costs.</DELETED>
        <DELETED>    ``(9) Administrative costs and expenses.--Of the 
        amounts available each fiscal year to carry out the Grant 
        Program, the Secretary may expend not more than 6 percent or 
        $80,000, whichever is greater, to pay the administrative costs 
        and expenses related to reviewing and awarding grants under the 
        Grant Program.</DELETED>
<DELETED>    ``(b) John H. Prescott Marine Mammal Rescue and Rapid 
Response Fund.--</DELETED>
        <DELETED>    ``(1) In general.--There is established in the 
        Treasury of the United States an interest-bearing fund to be 
        known as the `John H. Prescott Marine Mammal Rescue and Rapid 
        Response Fund' (hereinafter in this section referred to as the 
        `Fund').</DELETED>
        <DELETED>    ``(2) Use of funds.--Amounts in the Fund shall be 
        available only for use by the Secretary to provide emergency 
        assistance.</DELETED>
        <DELETED>    ``(3) Matching requirement.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the non-Federal share of the costs of 
                an activity conducted with amounts from the Fund shall 
                be 25 percent of such costs.</DELETED>
                <DELETED>    ``(B) Waiver.--The Secretary may waive the 
                matching requirement under subparagraph (A) for 
                activities to provide emergency assistance.</DELETED>
                <DELETED>    ``(C) In-kind contributions.--The 
                Secretary may apply to the non-Federal share of an 
                activity conducted with amounts from the Fund, the 
                amount of funds and the fair market value of property 
                and services provided by non-Federal sources and used 
                for the activity.</DELETED>
<DELETED>    ``(c) Emergency Assistance Defined.--In this 
section:</DELETED>
        <DELETED>    ``(1) In general.--The term `emergency assistance' 
        means--</DELETED>
                <DELETED>    ``(A) financial assistance provided for a 
                stranding event or entangling event that--</DELETED>
                        <DELETED>    ``(i) causes an immediate increase 
                        in the cost of a response, recovery, or 
                        rehabilitation that is greater than the usual 
                        or allocated cost of a response, recovery, or 
                        rehabilitation;</DELETED>
                        <DELETED>    ``(ii) is cyclical or endemic; 
                        and</DELETED>
                        <DELETED>    ``(iii) involves a marine mammal 
                        that is out of the normal habitat for that 
                        marine mammal; or</DELETED>
                <DELETED>    ``(B) financial assistance provided for a 
                stranding event or an entanglement event that the 
                Secretary considers to be an emergency.</DELETED>
        <DELETED>    ``(2) Exclusions.--The term `emergency assistance' 
        does not include financial assistance to respond to an unusual 
        mortality event.</DELETED>
<DELETED>    ``(d) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There is authorized to be 
        appropriated to carry out the Grant Program $7,000,000 for each 
        of fiscal years 2017 through 2022, to remain available until 
        expended, of which for each fiscal year--</DELETED>
                <DELETED>    ``(A) $6,000,000 may be available to the 
                Secretary of Commerce; and</DELETED>
                <DELETED>    ``(B) $1,000,000 may be available to the 
                Secretary of the Interior.</DELETED>
        <DELETED>    ``(2) John h. prescott marine mammal rescue and 
        rapid response fund.--</DELETED>
                <DELETED>    ``(A) Authorization of appropriations.--
                There is authorized to be appropriated to the Fund 
                $500,000 for each of fiscal years 2016 through 
                2021.</DELETED>
                <DELETED>    ``(B) Transfer of funds.--In addition to 
                amounts appropriated pursuant to an authorization of 
                appropriations in subparagraph (A), there shall be 
                deposited into the Fund up to $500,000 for each fiscal 
                year (as determined by the Secretary) from amounts 
                appropriated to the Secretary for carrying out this 
                title and other titles of this Act.</DELETED>
                <DELETED>    ``(C) Availability of funds.--Amounts in 
                the Fund shall remain available until expended without 
                regard to any law related to the negotiation, award, or 
                administration of any contract, grant, or cooperative 
                agreement.</DELETED>
<DELETED>    ``(e) Acceptance of Donations.--For 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>    (b) Table of Contents Amendment.--The table of contents in 
the first section of the Marine Mammal Protection Act of 1972 is 
amended by striking the item related to section 408 and inserting the 
following:</DELETED>

<DELETED>``Sec. 408. John H. Prescott Marine Mammal Rescue and Response 
                            Grant Program and Rapid Response Fund.''.

<DELETED>SEC. 8. MARINE MAMMAL HEALTH MAP.</DELETED>

<DELETED>    (a) In General.--The Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.) is amended by inserting after section 408 the 
following:</DELETED>

<DELETED>``SEC. 408A. MARINE MAMMAL HEALTH MAP.</DELETED>

<DELETED>    ``(a) In General.--Not later than 1 year after the date of 
the enactment of the Marine Mammal Research and Response Act of 2016, 
the Secretary, acting through the Administrator of the National Oceanic 
and Atmospheric Administration, in consultation with the Secretary of 
the Interior and the Marine Mammal Commission, shall--</DELETED>
        <DELETED>    ``(1) establish a national marine mammal health 
        and stranding observing system referred to as the Marine Mammal 
        Health Map;</DELETED>
        <DELETED>    ``(2) incorporate the Marine Mammal Health Map 
        into the National Integrated Coastal and Ocean Observation 
        System established under section 12304 of the Integrated 
        Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
        3603); and</DELETED>
        <DELETED>    ``(3) make the Marine Mammal Health Map--
        </DELETED>
                <DELETED>    ``(A) publically accessible through the 
                Integrated Coastal and Ocean Observation System's web 
                portal; and</DELETED>
                <DELETED>    ``(B) interoperable with other national 
                data systems or for management or research purposes, as 
                practicable.</DELETED>
<DELETED>    ``(b) Purposes.--The purposes of the Marine Mammal Health 
Map are to promote--</DELETED>
        <DELETED>    ``(1) interdisciplinary research among individuals 
        with knowledge and experience in marine mammal science, marine 
        mammal veterinary and husbandry practices, and medical science, 
        oceanographers, and other marine scientists;</DELETED>
        <DELETED>    ``(2) the timely and sustained dissemination and 
        availability of marine mammal health, stranding, entanglement, 
        and mortality data;</DELETED>
        <DELETED>    ``(3) the identification of spatial and temporal 
        patterns of marine mammal mortality, disease, and 
        stranding;</DELETED>
        <DELETED>    ``(4) the evaluation of marine mammal health in 
        terms of mortality as well as sublethal marine mammal health 
        impacts;</DELETED>
        <DELETED>    ``(5) the improved collaboration and forecasting 
        of marine mammal and larger ecosystem health events;</DELETED>
        <DELETED>    ``(6) rapid communication and dissemination of 
        marine mammal strandings that may have implications for human 
        health, such as harmful algal blooms;</DELETED>
        <DELETED>    ``(7) the increased accessibility of data in a 
        user friendly visual interface for public education and 
        outreach activities; and</DELETED>
        <DELETED>    ``(8) contribute to an ocean health index which 
        incorporates marine mammal health data.</DELETED>
<DELETED>    ``(c) Requirements.--The Marine Mammal Health Map shall--
</DELETED>
        <DELETED>    ``(1) integrate in situ, remote, and other marine 
        mammal health, stranding, and mortality data, including 
        visualization and metadata, from persons authorized to collect 
        data on marine mammals, including the stranding network, 
        Federal, State, and tribal governments, private partners, and 
        academia;</DELETED>
        <DELETED>    ``(2) be designed to enhance data and information 
        availability, including data sharing between stranding network 
        participants, scientists, and the public across stranding 
        network regions;</DELETED>
        <DELETED>    ``(3) be designed to facilitate data and 
        information access across scientific disciplines, scientists, 
        and managers; and</DELETED>
        <DELETED>    ``(4) be designed to facilitate public access to 
        national and regional marine mammal health, stranding, 
        entanglement, and mortality data, including visualizations and 
        metadata, through the Integrated Coastal and Ocean Observation 
        System's national and regional data portals.</DELETED>
<DELETED>    ``(d) Procedures and Guidelines.--The Secretary shall 
implement policies, protocols, and standards for--</DELETED>
        <DELETED>    ``(1) the reporting requirements for marine mammal 
        health data collected by stranding networks consistent with 
        subsections (c) and (d) of section 402;</DELETED>
        <DELETED>    ``(2) the timely transmission of health data from 
        the stranding networks and other appropriate data providers to 
        the Marine Mammal Health Map;</DELETED>
        <DELETED>    ``(3) the timely and sustained dissemination and 
        availability to the public of marine mammal health, stranding, 
        entanglement, and mortality data; and</DELETED>
        <DELETED>    ``(4) the integration of other marine mammal 
        health, stranding, or other data as the Secretary determines 
        appropriate.</DELETED>
<DELETED>    ``(e) Coordination.--The Administrator of the National 
Oceanic and Atmospheric Administration shall carry out the Marine 
Mammal Health Map in consultation with the Secretary of the Interior, 
the Marine Mammal Commission, and the National Ocean Research 
Leadership Council.</DELETED>
<DELETED>    ``(f) Contributions.--For 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>    (b) Table of Contents Amendment.--The table of contents in 
the first section of the Marine Mammal Protection Act of 1972, as 
amended by section 7(b), is amended further by inserting after the item 
related to section 408 the following:</DELETED>

<DELETED>``Sec. 408A. Marine Mammal Health Map.''.

<DELETED>SEC. 9. REPORTS TO CONGRESS.</DELETED>

<DELETED>    (a) In General.--The Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.), as amended by section 8(a), is further 
amended by inserting after section 408A the following:</DELETED>

<DELETED>``SEC. 408B. REPORTS TO CONGRESS.</DELETED>

<DELETED>    ``(a) Appropriate Committees of Congress.--In this 
section, the term `appropriate committees of Congress' means the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Natural Resources and the Committee on Science, Space, 
and Technology of the House of Representatives.</DELETED>
<DELETED>    ``(b) Marine Mammal Health Map Status Report.--Not later 
than 1 year after the date of the enactment of the Marine Mammal 
Research and Response Act of 2016, the Administrator of the National 
Oceanic and Atmospheric Administration, in consultation with the Marine 
Mammal Commission, the Secretary of the Interior, and the National 
Ocean Research Leadership Council, shall submit to the appropriate 
committees of Congress a report on the status of the Marine Mammal 
Health Map. Such report shall include the following:</DELETED>
        <DELETED>    ``(1) A detailed evaluation of the data made 
        publically available through the Marine Mammal Health 
        Map.</DELETED>
        <DELETED>    ``(2) A detailed list of any gaps in data 
        collected pursuant to the Marine Mammal Health Map, a 
        description of the reasons for such gaps, and recommendations 
        to close such gaps.</DELETED>
        <DELETED>    ``(3) An analysis of the effectiveness of using 
        the website of the Integrated Coastal and Ocean Observation 
        System as a tool to collect, organize, visualize, archive, and 
        disseminate marine mammal stranding and health data.</DELETED>
        <DELETED>    ``(4) A list of publications, presentations, or 
        other relevant work product resulting from, or in collaboration 
        with, such Marine Mammal Health Map.</DELETED>
        <DELETED>    ``(5) A description of emerging marine mammal 
        health concerns and the applicability of such concerns to human 
        health.</DELETED>
        <DELETED>    ``(6) An analysis of the feasibility of the 
        Integrated Coastal and Ocean Observation System to be used as 
        an alert during stranding events, entanglement events, and 
        unusual mortality events for the stranding network, Integrated 
        Coastal and Ocean Observation System partners, Marine Mammal 
        Health Map partners, Federal and State agencies, and local and 
        tribal governments.</DELETED>
        <DELETED>    ``(7) An evaluation of the use of Marine Mammal 
        Health Map data to predict broader ecosystem events and changes 
        that may impact marine mammal or human health and specific 
        examples of proven or potential uses of Integrated Coastal and 
        Ocean Observation System data for these purposes.</DELETED>
        <DELETED>    ``(8) Recommendations for the Marine Mammal Health 
        Map related to--</DELETED>
                <DELETED>    ``(A) filling any identified data 
                gaps;</DELETED>
                <DELETED>    ``(B) data standards that could be used to 
                improve data accessibility, transmission, 
                interoperability, and sharing;</DELETED>
                <DELETED>    ``(C) any other strategies that would 
                contribute to the effectiveness and usefulness of the 
                Marine Mammal Health Map; and</DELETED>
                <DELETED>    ``(D) the funding levels needed to carry 
                out the Marine Mammal Health Map.</DELETED>
<DELETED>    ``(c) Data Gap Analysis.--Not later than 5 years after 
date that the report required by subsection (b) is submitted, and every 
5 years thereafter, the Administrator of the National Oceanic and 
Atmospheric Administration, in consultation with the Marine Mammal 
Commission and the Secretary of the Interior, shall submit to the 
appropriate committees of Congress a data gap analysis. Such analysis 
shall include the following:</DELETED>
        <DELETED>    ``(1) An overview of existing participants within 
        the Marine Mammal Stranding Network.</DELETED>
        <DELETED>    ``(2) An identification of participant gaps within 
        the Network.</DELETED>
        <DELETED>    ``(3) An identification of data and reporting gaps 
        from members of the Network.</DELETED>
        <DELETED>    ``(4) An analysis of how stranding and health data 
        is shared and made available to scientists, academics, State, 
        local, and tribal governments, and the public.''.</DELETED>
<DELETED>    ``(d) Rescue and Response Capabilities in the Arctic.--Not 
later than 1 year after the date of the enactment of the Marine Mammal 
Research and Response Act of 2016, the Administrator of the National 
Oceanic and Atmospheric Administration, in consultation with the Marine 
Mammal Commission and the Director of the United States Fish and 
Wildlife Service, shall submit to the appropriate committees of 
Congress a report on the response capabilities for sick and injured 
marine mammals in the Arctic regions of the United States. Such report 
shall include the following:</DELETED>
        <DELETED>    ``(1) A description of all stranding agreements in 
        place in the Arctic regions of the United States, including 
        species covered, response capabilities, facilities, and data 
        collection and analysis capabilities.</DELETED>
        <DELETED>    ``(2) A list of State and local government 
        agencies that have personnel trained to respond to strandings 
        in the Arctic regions of the United States.</DELETED>
        <DELETED>    ``(3) An assessment of potential response and data 
        collection partners and sources of local information and 
        knowledge, including Alaska Native people and 
        villages.</DELETED>
        <DELETED>    ``(4) An analysis of spatial and temporal trends 
        in strandings over time in response to changing environmental 
        conditions in the Arctic regions of the United States and the 
        relationships to other unusual mortality events, including 
        birds and fish.</DELETED>
        <DELETED>    ``(5) A description of training and other resource 
        needs to meet emerging response requirements in the Arctic 
        regions of the United States.</DELETED>
        <DELETED>    ``(6) An analysis of oiled marine mammal and bird 
        response and rehabilitation capabilities in the Arctic regions 
        of the United States, including equipment, facilities, 
        training, and husbandry capabilities, and an assessment of 
        likely success rates.</DELETED>
        <DELETED>    ``(7) Recommendations for future stranding 
        response needs in the Arctic regions of the United 
        States.''.</DELETED>
<DELETED>    (b) Table of Contents Amendment.--The table of contents in 
the first section of the Marine Mammal Protection Act of 1972, as 
amended by section 8(b), is amended further by inserting after the item 
related to section 408A the following:</DELETED>

<DELETED>``Sec. 408B. Reports to Congress.''.

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 409 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421g) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``1993 and 
        1994;'' and inserting ``2017 through 2022;'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``1993 and 
        1994;'' and inserting ``2017 through 2022;''; and</DELETED>
        <DELETED>    (3) in paragraph (3), by striking ``fiscal year 
        1993.'' and inserting ``for each of the fiscal years 2017 
        through 2022.''.</DELETED>

<DELETED>SEC. 11. DEFINITIONS.</DELETED>

<DELETED>    Section 410 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1421h) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (5) and (6) as 
        paragraphs (7) and (8), respectively;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (1), (2) , (3), 
        and (4) as paragraphs (2), (3), (4), and (5), 
        respectively;</DELETED>
        <DELETED>    (3) by inserting before paragraph (2), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(1) The term `entangle' or `entanglement' means 
        an event in the wild in which a living or dead marine mammal 
        has gear, rope, line, net, or other material wrapped around or 
        attached to the marine mammal and is--</DELETED>
                <DELETED>    ``(A) on a beach or shore of the United 
                States; or</DELETED>
                <DELETED>    ``(B) in navigable waters of the United 
                States.''; and</DELETED>
        <DELETED>    (4) by inserting after paragraph (5), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(6) Stranding region.--The term `stranding 
        region' means a geographic region designated by the Secretary 
        for purposes of administration of this Act.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Research and Response 
Act of 2016''.

SEC. 2. DATA COLLECTION AND DISSEMINATION.

    Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by inserting ``or 
                entangled'' after ``stranded'';
                    (B) in paragraph (3)--
                            (i) by striking ``strandings,'' and 
                        inserting ``strandings and entanglements, 
                        including unusual mortality events,'';
                            (ii) by inserting ``stranding'' before 
                        ``region''; and
                            (iii) by striking ``marine mammals; and'' 
                        and inserting ``and entangled marine mammals to 
                        allow comparison of the causes of illness and 
                        deaths in stranded and entangled marine mammals 
                        with physical, chemical, and biological 
                        environmental parameters; and''; and
                    (C) in paragraph (4), by striking ``analyses, that 
                would allow comparison of the causes of illness and 
                deaths in stranded marine mammals with physical, 
                chemical, and biological environmental parameters.'' 
                and inserting ``analyses.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Data Availability.--
            ``(1) In general.--The Secretary shall develop a program to 
        make information, including any data and metadata, collected 
        under subsection (b) available to researchers, stranding 
        networks, and the public--
                    ``(A) to improve real-time coordination of response 
                to stranding and entanglement events across geographic 
                areas and between stranding coordinators;
                    ``(B) to identify and quickly disseminate 
                information on potential public health risks;
                    ``(C) to facilitate integrated interdisciplinary 
                research;
                    ``(D) to facilitate peer-reviewed publications;
                    ``(E) to archive regional data into one national 
                database for future analyses; and
                    ``(F) for education and outreach activities.
            ``(2) Public access.--The Secretary shall ensure that--
                    ``(A) all information, including data and metadata, 
                collected under subsection (b) is archived in a form 
                that is readily accessible, understandable, and can be 
                easily shared with, the public, as appropriate, through 
                the Marine Mammal Health Map established under section 
                408A; and
                    ``(B) not later than 60 days after the date that 
                any information, including any data and metadata, 
                collected under paragraph (1), (2), or (3) of 
                subsection (b), is made readily available to stranding 
                network participants, other qualified scientists, 
                employees of the Federal Government, and the public 
                through the Marine Mammal Health Map and the Integrated 
                Ocean Observation System.
    ``(d) Data Reporting Requirements.--The Secretary shall require 
each stranding network participant to submit to the National Oceanic 
and Atmospheric Administration, for inclusion in the Marine Mammal 
Health Map established under section 408A the following:
            ``(1) NOAA Form 89-864 (OMB #0648-0178) and NOAA Form 89-
        878 (OMB #0648-0178), or similar successor form, not later than 
        30 days after the date of a response to a stranding or 
        entanglement event.
            ``(2) The information, including any data and metadata, 
        described in paragraphs (1) and (2) of subsection (b), not 
        later than 30 days after the date that the information is 
        available or updated, as applicable.
            ``(3) The information, including any data and metadata, 
        described in paragraphs (3) and (4) of subsection (b), not 
        later than 30 days after the date that the stranding network 
        responds to a stranding or entanglement event.
    ``(e) Public Display of Marine Mammals.--
            ``(1) Rescuing facility.--The facility rescuing and 
        rehabilitating a stranded marine mammal that meets the public 
        display criteria of this Act shall be given preference when the 
        National Oceanic and Atmospheric Administration decides 
        permanent placement of a marine mammal deemed non-releasable 
        for public display purposes if--
                    ``(A) the marine mammal is deemed non-releasable; 
                and
                    ``(B) the facility--
                            ``(i) meets the public display criteria of 
                        the Act and the Animal Welfare Act (7 U.S.C. 
                        2131 et seq.); and
                            ``(ii) meets the requirements for 
                        maintenance and care established by the Animal 
                        and Plant Health Inspection Service of the 
                        United States Department of Agriculture.
            ``(2) Explanation.--If the facility that rescued and 
        rehabilitated the marine mammal was not chosen for permanent 
        placement, the National Oceanic and Atmospheric Administration 
        shall provide written documentation to that facility explaining 
        why the applicant has not met the requirements of this Act and 
        the Animal Welfare Act.
            ``(3) Other facility.--A licensed public display facility 
        in a contiguous geographic area where a marine mammal stranded 
        and later deemed non-releasable by a stranding facility shall 
        be given preference to acquire the marine mammal.''.

SEC. 3. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

    Section 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421b) is amended--
            (1) in the section heading by inserting ``or entanglement'' 
        before ``response''; and
            (2) in subsection (a), by striking the period at the end 
        and inserting ``or entanglement.''.

SEC. 4. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

    (a) Uses of the Marine Mammal Unusual Mortality Event Fund.--
Subsection (b) of section 405 of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1421d) is amended to read as follows:
    ``(b) Uses.--Amounts in the Fund--
            ``(1) shall be available only for use by the Secretary, in 
        consultation with the Secretary of the Interior and dispersed 
        among claimants based on budgets approved by the Secretary 
        prior to expenditure--
                    ``(A) to make advance, partial, or progress 
                payments under contracts or other funding mechanisms 
                for property, supplies, salaries, services, and travel 
                costs incurred in acting in accordance with the 
                contingency plan issued under section 404(b) or under 
                the direction of an Onsite Coordinator for an unusual 
                mortality event;
                    ``(B) for reimbursing any stranding network 
                participant for costs incurred in the collection, 
                preparation, analysis, and transportation of marine 
                mammal tissues and samples collected with respect to an 
                unusual mortality event, including such transportation, 
                for the Tissue Bank; and
                    ``(C) for care and maintenance of marine mammal 
                seized under section 104(c)(2)(D); and
            ``(2) shall remain available until expended.''.
    (b) Deposits Into the Fund.--Subsection (c) of section 405 of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) sums received for marine mammal conservation, 
        including assessment costs, fines, penalties, restitution, and 
        forfeitures of property for violations of any provision of this 
        Act or other environmental statute and sums received from 
        emergency declaration grants for marine mammal conservation; 
        and
            ``(5) up to $750,000 per fiscal year, as determined by the 
        Secretary of Commerce and the Secretary of the Interior, from 
        amounts appropriated to the Secretary for carrying out this 
        title and other titles of this Act.''.

SEC. 5. LIABILITY.

    Section 406(a) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1421e(a)) is amended by inserting ``or entanglement'' after ``to 
a stranding''.

SEC. 6. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.

    Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421f) is amended--
            (1) in subsection (c)(2)(A), by striking ``the health of 
        marine mammals and'' and inserting ``marine mammal health and 
        mortality and the health of''; and
            (2) in subsection (d), by inserting ``public'' before 
        ``access''.

SEC. 7. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE GRANT 
              PROGRAM AND RAPID RESPONSE FUND.

    (a) In General.--Section 408 of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1421f-1) is amended to read as follows:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE GRANT 
              PROGRAM AND RAPID RESPONSE FUND.

    ``(a) John H. Prescott Marine Mammal Rescue and Response Grant 
Program.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall conduct a grant program to 
        be known as the John H. Prescott Marine Mammal Rescue and 
        Response Grant Program (hereinafter in this section referred to 
        as the `Grant Program') to award grants to eligible stranding 
        network participants or stranding network collaborators as 
        described in this subsection.
            ``(2) Purposes.--The purposes of the Grant Program are to 
        provide for--
                    ``(A) the recovery, care, or treatment of sick, 
                injured, or entangled marine mammals;
                    ``(B) marine mammal stranding events that require 
                emergency assistance;
                    ``(C) the collection of data and samples from 
                living or dead stranded marine mammals for scientific 
                research regarding marine mammal health;
                    ``(D) facility operating costs that are directly 
                related to activities described in subparagraph (A), 
                (B), or (C); and
                    ``(E) development of Stranding Network capacity, 
                including training for emergency response, where 
                facilities do not exist or are sparse.
            ``(3) Contract, grant, and cooperative agreement 
        authority.--The Secretary may enter into a contract, grant, or 
        cooperative agreement with any eligible stranding network 
        participant or stranding network collaborator, as the Secretary 
        determines appropriate, for the purposes described in paragraph 
        (2).
            ``(4) Equitable distribution of funds.--
                    ``(A) In general.--The Secretary shall ensure, to 
                the extent practicable, that funds awarded under the 
                Grant Program are distributed equitably among the 
                stranding regions.
                    ``(B) Preferences.--The Secretary shall give 
                preference to awarding funds under the Grant Program in 
                each stranding region to any facility with an 
                established record of marine mammal rescue and 
                rehabilitation.
                    ``(C) Considerations.--In determining priorities 
                among the stranding regions under this paragraph, the 
                Secretary may consider--
                            ``(i) any episodic stranding, entanglement, 
                        or mortality event, except for an unusual 
                        mortality event, that occurred in any stranding 
                        region in the preceding year;
                            ``(ii) any data regarding average annual 
                        stranding, entanglements, and mortality events 
                        per stranding region;
                            ``(iii) the size of the marine mammal 
                        populations inhabiting a geographic area within 
                        a stranding region; and
                            ``(iv) the conservation of protected, 
                        threatened, or endangered marine mammal 
                        species.
            ``(5) Application.--To apply for a grant under the Grant 
        Program a stranding network participant shall--
                    ``(A) submit an application in such form and manner 
                as the Secretary prescribes; and
                    ``(B) comply with the data reporting requirements 
                of section 402(d).
            ``(6) Consultation.--The Secretary shall consult with the 
        Marine Mammal Commission, a representative from each of the 
        stranding regions, and other individuals who represent public 
        and private organizations that are actively involved in rescue, 
        rehabilitation, release, scientific research, marine 
        conservation, and forensic science regarding stranded marine 
        mammals to develop criteria for awarding grants under the Grant 
        Program.
            ``(7) Limitations.--
                    ``(A) Maximum grant amount.--No grant made under 
                the Grant Program for a single project may exceed 
                $150,000 in any 12-month period.
                    ``(B) Unexpended funds.--Any funds awarded under 
                the Grant Program that are unexpended or unobligated at 
                the end a 12-month period shall remain available until 
                expended.
                    ``(C) Limitation.--A new grant shall not be awarded 
                until the first grants funds are expended.
            ``(8) Matching requirement.--The non-Federal share of the 
        costs of an activity conducted with funds awarded under the 
        Grant Program shall be 25 percent of such costs.
            ``(9) Administrative costs and expenses.--Of the amounts 
        available each fiscal year to carry out the Grant Program, the 
        Secretary may expend not more than 6 percent or $80,000, 
        whichever is greater, to pay the administrative costs and 
        expenses related to reviewing and awarding grants under the 
        Grant Program.
    ``(b) John H. Prescott Marine Mammal Rescue and Rapid Response 
Fund.--
            ``(1) In general.--There is established in the Treasury of 
        the United States an interest-bearing fund to be known as the 
        `John H. Prescott Marine Mammal Rescue and Rapid Response Fund' 
        (hereinafter in this section referred to as the `Fund').
            ``(2) Use of funds.--Amounts in the Fund shall be available 
        only for use by the Secretary to provide emergency assistance.
            ``(3) Matching requirement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the non-Federal share of the costs of 
                an activity conducted with amounts from the Fund shall 
                be 25 percent of such costs.
                    ``(B) Waiver.--The Secretary may waive the matching 
                requirement under subparagraph (A) for activities to 
                provide emergency assistance.
                    ``(C) In-kind contributions.--The Secretary may 
                apply to the non-Federal share of an activity conducted 
                with amounts from the Fund, the amount of funds and the 
                fair market value of property and services provided by 
                non-Federal sources and used for the activity.
    ``(c) Emergency Assistance Defined.--In this section:
            ``(1) In general.--The term `emergency assistance' means--
                    ``(A) financial assistance provided for a stranding 
                event or entangling event that--
                            ``(i) causes an immediate increase in the 
                        cost of a response, recovery, or rehabilitation 
                        that is greater than the usual or allocated 
                        cost of a response, recovery, or 
                        rehabilitation;
                            ``(ii) is cyclical or endemic; and
                            ``(iii) involves a marine mammal that is 
                        out of the normal habitat for that marine 
                        mammal; or
                    ``(B) financial assistance provided for a stranding 
                event or an entanglement event that the Secretary 
                considers to be an emergency.
            ``(2) Exclusions.--The term `emergency assistance' does not 
        include financial assistance to respond to an unusual mortality 
        event.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out the Grant Program $7,000,000 for each of fiscal 
        years 2017 through 2022, to remain available until expended, of 
        which for each fiscal year--
                    ``(A) $6,000,000 may be available to the Secretary 
                of Commerce; and
                    ``(B) $1,000,000 may be available to the Secretary 
                of the Interior.
            ``(2) John h. prescott marine mammal rescue and rapid 
        response fund.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to the Fund $500,000 for 
                each of fiscal years 2016 through 2021.
                    ``(B) Transfer of funds.--In addition to amounts 
                appropriated pursuant to an authorization of 
                appropriations in subparagraph (A), there shall be 
                deposited into the Fund up to $500,000 for each fiscal 
                year (as determined by the Secretary) from amounts 
                appropriated to the Secretary for carrying out this 
                title and other titles of this Act.
                    ``(C) Availability of funds.--Amounts in the Fund 
                shall remain available until expended without regard to 
                any law related to the negotiation, award, or 
                administration of any contract, grant, or cooperative 
                agreement.
    ``(e) Acceptance of Donations.--For 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.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the Marine Mammal Protection Act of 1972 is amended by 
striking the item related to section 408 and inserting the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue and Response Grant 
                            Program and Rapid Response Fund.''.

SEC. 8. MARINE MAMMAL HEALTH MAP.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by inserting after section 408 the 
following:

``SEC. 408A. MARINE MAMMAL HEALTH MAP.

    ``(a) In General.--Not later than 1 year after the date of the 
enactment of the Marine Mammal Research and Response Act of 2016, the 
Secretary, acting through the Administrator of the National Oceanic and 
Atmospheric Administration, in consultation with the Secretary of the 
Interior and the Marine Mammal Commission, shall--
            ``(1) establish a national marine mammal health and 
        stranding observing system referred to as the Marine Mammal 
        Health Map;
            ``(2) incorporate the Marine Mammal Health Map into the 
        National Integrated Coastal and Ocean Observation System 
        established under section 12304 of the Integrated Coastal and 
        Ocean Observation System Act of 2009 (33 U.S.C. 3603); and
            ``(3) make the Marine Mammal Health Map--
                    ``(A) publically accessible through the Integrated 
                Coastal and Ocean Observation System's web portal; and
                    ``(B) interoperable with other national data 
                systems or for management or research purposes, as 
                practicable.
    ``(b) Purposes.--The purposes of the Marine Mammal Health Map are 
to promote--
            ``(1) interdisciplinary research among individuals with 
        knowledge and experience in marine mammal science, marine 
        mammal veterinary and husbandry practices, and medical science, 
        oceanographers, and other marine scientists;
            ``(2) the timely and sustained dissemination and 
        availability of marine mammal health, stranding, entanglement, 
        and mortality data;
            ``(3) the identification of spatial and temporal patterns 
        of marine mammal mortality, disease, and stranding;
            ``(4) the evaluation of marine mammal health in terms of 
        mortality as well as sublethal marine mammal health impacts;
            ``(5) the improved collaboration and forecasting of marine 
        mammal and larger ecosystem health events;
            ``(6) rapid communication and dissemination of marine 
        mammal strandings that may have implications for human health, 
        such as harmful algal blooms;
            ``(7) the increased accessibility of data in a user 
        friendly visual interface for public education and outreach 
        activities; and
            ``(8) contribute to an ocean health index which 
        incorporates marine mammal health data.
    ``(c) Requirements.--The Marine Mammal Health Map shall--
            ``(1) integrate in situ, remote, and other marine mammal 
        health, stranding, and mortality data, including visualization 
        and metadata, from persons authorized to collect data on marine 
        mammals, including the stranding network, Federal, State, and 
        tribal governments, private partners, and academia;
            ``(2) be designed to enhance data and information 
        availability, including data sharing between stranding network 
        participants, scientists, and the public across stranding 
        network regions;
            ``(3) be designed to facilitate data and information access 
        across scientific disciplines, scientists, and managers;
            ``(4) be designed to facilitate public access to national 
        and regional marine mammal health, stranding, entanglement, and 
        mortality data, including visualizations and metadata, through 
        the Integrated Coastal and Ocean Observation System's national 
        and regional data portals.; and
            ``(5) be designed in collaboration with, and with input 
        from, States and stranding network participants.
    ``(d) Procedures and Guidelines.--The Secretary shall implement 
policies, protocols, and standards for--
            ``(1) the reporting requirements for marine mammal health 
        data collected by stranding networks consistent with 
        subsections (c) and (d) of section 402;
            ``(2) the timely transmission of health data from the 
        stranding networks and other appropriate data providers to the 
        Marine Mammal Health Map;
            ``(3) the timely and sustained dissemination and 
        availability to the public of marine mammal health, stranding, 
        entanglement, and mortality data; and
            ``(4) the integration of other marine mammal health, 
        stranding, or other data as the Secretary determines 
        appropriate.
    ``(e) Coordination.--The Administrator of the National Oceanic and 
Atmospheric Administration shall carry out the Marine Mammal Health Map 
in consultation with the Secretary of the Interior, the Marine Mammal 
Commission, and the National Ocean Research Leadership Council.
    ``(f) Contributions.--For 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.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the Marine Mammal Protection Act of 1972, as amended 
by section 7(b), is amended further by inserting after the item related 
to section 408 the following:

``Sec. 408A. Marine Mammal Health Map.''.

SEC. 9. REPORTS TO CONGRESS.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.), as amended by section 8(a), is further amended by 
inserting after section 408A the following:

``SEC. 408B. REPORTS TO CONGRESS.

    ``(a) Appropriate Committees of Congress.--In this section, the 
term `appropriate committees of Congress' means the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Natural Resources and the Committee on Science, Space, and 
Technology of the House of Representatives.
    ``(b) Marine Mammal Health Map Status Report.--Not later than 1 
year after the date of the enactment of the Marine Mammal Research and 
Response Act of 2016, the Administrator of the National Oceanic and 
Atmospheric Administration, in consultation with the Marine Mammal 
Commission, the Secretary of the Interior, and the National Ocean 
Research Leadership Council, shall submit to the appropriate committees 
of Congress a report on the status of the Marine Mammal Health Map. 
Such report shall include the following:
            ``(1) A detailed evaluation of the data made publically 
        available through the Marine Mammal Health Map.
            ``(2) A detailed list of any gaps in data collected 
        pursuant to the Marine Mammal Health Map, a description of the 
        reasons for such gaps, and recommendations to close such gaps.
            ``(3) An analysis of the effectiveness of using the website 
        of the Integrated Coastal and Ocean Observation System as a 
        tool to collect, organize, visualize, archive, and disseminate 
        marine mammal stranding and health data.
            ``(4) A list of publications, presentations, or other 
        relevant work product resulting from, or in collaboration with, 
        such Marine Mammal Health Map.
            ``(5) A description of emerging marine mammal health 
        concerns and the applicability of such concerns to human 
        health.
            ``(6) An analysis of the feasibility of the Integrated 
        Coastal and Ocean Observation System to be used as an alert 
        during stranding events, entanglement events, and unusual 
        mortality events for the stranding network, Integrated Coastal 
        and Ocean Observation System partners, Marine Mammal Health Map 
        partners, Federal and State agencies, and local and tribal 
        governments.
            ``(7) An evaluation of the use of Marine Mammal Health Map 
        data to predict broader ecosystem events and changes that may 
        impact marine mammal or human health and specific examples of 
        proven or potential uses of Integrated Coastal and Ocean 
        Observation System data for these purposes.
            ``(8) Recommendations for the Marine Mammal Health Map 
        related to--
                    ``(A) filling any identified data gaps;
                    ``(B) data standards that could be used to improve 
                data accessibility, transmission, interoperability, and 
                sharing;
                    ``(C) any other strategies that would contribute to 
                the effectiveness and usefulness of the Marine Mammal 
                Health Map; and
                    ``(D) the funding levels needed to carry out the 
                Marine Mammal Health Map.
    ``(c) Data Gap Analysis.--Not later than 5 years after the date 
that the report required by subsection (b) is submitted, and every 5 
years thereafter, the Administrator of the National Oceanic and 
Atmospheric Administration, in consultation with the Marine Mammal 
Commission and the Secretary of the Interior, shall submit to the 
appropriate committees of Congress a data gap analysis. Such analysis 
shall include the following:
            ``(1) An overview of existing participants within the 
        Marine Mammal Stranding Network.
            ``(2) An identification of participant gaps within the 
        Network.
            ``(3) An identification of data and reporting gaps from 
        members of the Network.
            ``(4) An analysis of how stranding and health data is 
        shared and made available to scientists, academics, State, 
        local, and tribal governments, and the public.
    ``(d) Rescue and Response Capabilities in the Arctic.--Not later 
than 1 year after the date of the enactment of the Marine Mammal 
Research and Response Act of 2016, the Administrator of the National 
Oceanic and Atmospheric Administration, in consultation with the Marine 
Mammal Commission and the Director of the United States Fish and 
Wildlife Service, shall submit to the appropriate committees of 
Congress a report on the response capabilities for sick and injured 
marine mammals in the Arctic regions of the United States. Such report 
shall include the following:
            ``(1) A description of all stranding agreements in place in 
        the Arctic regions of the United States, including species 
        covered, response capabilities, facilities, and data collection 
        and analysis capabilities.
            ``(2) A list of State and local government agencies that 
        have personnel trained to respond to strandings in the Arctic 
        regions of the United States.
            ``(3) An assessment of potential response and data 
        collection partners and sources of local information and 
        knowledge, including Alaska Native people and villages.
            ``(4) An analysis of spatial and temporal trends in 
        strandings over time in response to changing environmental 
        conditions in the Arctic regions of the United States and the 
        relationships to other unusual mortality events, including 
        birds and fish.
            ``(5) A description of training and other resource needs to 
        meet emerging response requirements in the Arctic regions of 
        the United States.
            ``(6) An analysis of oiled marine mammal and bird response 
        and rehabilitation capabilities in the Arctic regions of the 
        United States, including equipment, facilities, training, and 
        husbandry capabilities, and an assessment of likely success 
        rates.
            ``(7) Recommendations for future stranding response needs 
        in the Arctic regions of the United States.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the Marine Mammal Protection Act of 1972, as amended 
by section 8(b), is amended further by inserting after the item related 
to section 408A the following:

``Sec. 408B. Reports to Congress.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421g) is amended--
            (1) in paragraph (1), by striking ``1993 and 1994;'' and 
        inserting ``2017 through 2022;'';
            (2) in paragraph (2), by striking ``1993 and 1994;'' and 
        inserting ``2017 through 2022;''; and
            (3) in paragraph (3), by striking ``fiscal year 1993.'' and 
        inserting ``for each of the fiscal years 2017 through 2022.''.

SEC. 11. DEFINITIONS.

    Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421h) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (7) and (8), respectively;
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        paragraphs (2), (3), (4), and (5), respectively;
            (3) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) The term `entangle' or `entanglement' means an event 
        in the wild in which a living or dead marine mammal has gear, 
        rope, line, net, or other material wrapped around or attached 
        to the marine mammal and is--
                    ``(A) on a beach or shore of the United States; or
                    ``(B) in navigable waters of the United States.''; 
                and
            (4) by inserting after paragraph (5), as redesignated, the 
        following:
            ``(6) The term `stranding region' means a geographic region 
        designated by the Secretary for purposes of administration of 
        this Act.''.
                                                       Calendar No. 690

114th CONGRESS

  2d Session

                                S. 3059

                          [Report No. 114-386]

_______________________________________________________________________

                                 A BILL

To reauthorize and amend the John H. Prescott Marine Mammal Rescue and 
             Response Grant Program and for other purposes.

_______________________________________________________________________

                           November 28, 2016

                       Reported with an amendment