[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2086 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 476
118th CONGRESS
  2d Session
                                S. 2086

To require the Secretary of Commerce to establish the Sea Turtle Rescue 
                       Assistance Grant Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

 Mr. Markey (for himself, Mr. Cornyn, Mr. Van Hollen, Mr. Graham, Mr. 
  Wicker, Mr. Carper, and Mr. Tillis) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             August 1, 2024

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Commerce to establish the Sea Turtle Rescue 
                       Assistance Grant Program.

    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 ``Sea Turtle Rescue 
Assistance Act of 2023''.</DELETED>

<DELETED>SEC. 2. SEA TURTLE RESCUE ASSISTANCE GRANT PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish a grant 
program to be known as the ``Sea Turtle Rescue Assistance Grant 
Program'', to encourage and facilitate coordinated rapid response and 
rescue by awarding grants for the purposes described in subsection 
(c).</DELETED>
<DELETED>    (b) Designation of Stranding Regions.--The Secretary shall 
designate geographic regions of the United States as stranding regions 
for the purposes of carrying out this section.</DELETED>
<DELETED>    (c) Purposes.--The purposes of the Program are to provide 
for--</DELETED>
        <DELETED>    (1) the recovery, short- or long-term care, 
        transportation, and treatment of stranded marine 
        turtles;</DELETED>
        <DELETED>    (2) the release of rescued and recovered marine 
        turtles;</DELETED>
        <DELETED>    (3) the collection of data and samples, including 
        tagging information, from stranded marine turtles for 
        scientific research or assessments, or both, that inform the 
        understanding of causes of mortality; and</DELETED>
        <DELETED>    (4) facility operation costs that are directly 
        related to activities described in paragraphs (1), (2), and 
        (3).</DELETED>
<DELETED>    (d) Equitable Distribution of Funds.--The Secretary shall 
ensure, to the extent practicable, that funds awarded under this 
section are distributed equitably among stranding regions, taking into 
account--</DELETED>
        <DELETED>    (1) the number of strandings that occurred in each 
        stranding region in the preceding 5 years;</DELETED>
        <DELETED>    (2) region-specific factors that increase risks of 
        strandings; and</DELETED>
        <DELETED>    (3) the conservation priorities and recovery needs 
        of species of marine turtles that are threatened or endangered 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).</DELETED>
<DELETED>    (e) Applications.--</DELETED>
        <DELETED>    (1) In general.--An applicant for a grant under 
        this section that is an eligible applicant described in 
        paragraph (2) shall submit an application in such form and 
        manner as the Secretary shall prescribe.</DELETED>
        <DELETED>    (2) Eligible applicants.--An entity is an eligible 
        applicant if the entity is--</DELETED>
                <DELETED>    (A) a nonprofit member of the Sea Turtle 
                Stranding and Salvage Network;</DELETED>
                <DELETED>    (B) an Indian Tribe;</DELETED>
                <DELETED>    (C) an institution of higher education; 
                or</DELETED>
                <DELETED>    (D) another public or private organization 
                with an established record in the rescue, recovery, 
                rehabilitation, transportation, or release of stranded 
                marine turtles.</DELETED>
<DELETED>    (f) Grant Criteria.--</DELETED>
        <DELETED>    (1) Development of criteria.--The Secretary shall, 
        in consultation with the Director of the United States Fish and 
        Wildlife Service, develop criteria for awarding grants under 
        this section and provide such criteria for formal public notice 
        and comment.</DELETED>
        <DELETED>    (2) Stakeholder engagement.--As part of the 
        process for developing and finalizing criteria under paragraph 
        (1), the Secretary shall, in consultation with the Director of 
        the United States Fish and Wildlife Service, provide 
        opportunities for engagement with representatives from--
        </DELETED>
                <DELETED>    (A) stranding regions;</DELETED>
                <DELETED>    (B) Indian Tribes;</DELETED>
                <DELETED>    (C) institutions of higher education; 
                and</DELETED>
                <DELETED>    (D) public or private organizations with 
                an established record in--</DELETED>
                        <DELETED>    (i) the rescue, recovery, 
                        rehabilitation, transportation, or release of 
                        stranded marine turtles; or</DELETED>
                        <DELETED>    (ii) scientific research, marine 
                        conservation, or forensic science, with respect 
                        to stranded marine turtles.</DELETED>
        <DELETED>    (3) Required criteria.--In developing criteria 
        under paragraph (1), the Secretary shall prioritize awarding 
        grants to applicants with an established record of rescuing, 
        recovering, rehabilitating, transporting, or releasing stranded 
        marine turtles or conducting scientific research pertinent to 
        the causes of strandings.</DELETED>
<DELETED>    (g) Acceptance of Donations.--For the 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>    (h) Liability Waiver.--</DELETED>
        <DELETED>    (1) In general.--A person who is acting under the 
        authority of an entity awarded a grant under this section is 
        deemed to be an employee of the government for purposes of 
        chapter 171 of title 28, United States Code, with respect to 
        actions of the person that--</DELETED>
                <DELETED>    (A) are in support of rescue, recovery, 
                rehabilitation, transportation, or release 
                efforts;</DELETED>
                <DELETED>    (B) are in accordance with the purposes of 
                subsection (c); and</DELETED>
                <DELETED>    (C) reflect sound professional judgment 
                and are consistent with the directions of any on-site 
                coordinator or incident commander.</DELETED>
        <DELETED>    (2) Limitation.--Paragraph (1) does not apply to 
        actions of a person described in that paragraph that are 
        grossly negligent or that constitute willful 
        misconduct.</DELETED>
<DELETED>    (i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
$5,000,000 for each of fiscal years 2024 through 2029 to remain 
available until expended.</DELETED>
<DELETED>    (j) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Indian tribe.--The term ``Indian Tribe'' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).</DELETED>
        <DELETED>    (2) Institution of higher education.--</DELETED>
                <DELETED>    (A) In general.--The term ``institution of 
                higher education'' means an educational institution in 
                any State, district, commonwealth, territory, or 
                possession of the United States, which--</DELETED>
                        <DELETED>    (i) admits as regular students 
                        only persons having a certificate of graduation 
                        from a school providing secondary education, or 
                        the recognized equivalent of such a 
                        certificate;</DELETED>
                        <DELETED>    (ii) is legally authorized within 
                        such State, district, commonwealth, territory, 
                        or possession to provide a program of education 
                        beyond secondary education;</DELETED>
                        <DELETED>    (iii) provides an educational 
                        program for which a bachelor's degree or any 
                        other higher degree is awarded;</DELETED>
                        <DELETED>    (iv) is a public or other 
                        nonprofit institution; and</DELETED>
                        <DELETED>    (v) is accredited by a nationally 
                        recognized accrediting agency or 
                        association.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``institution of 
                higher education'' includes a research foundation 
                maintained by an institution of higher education 
                described in subparagraph (A).</DELETED>
        <DELETED>    (3) Marine turtle.--The term ``marine turtle'' 
        means any member of the family Cheloniidae or 
        Dermochelyidae.</DELETED>
        <DELETED>    (4) Program.--The term ``Program'' means the Sea 
        Turtle Rescue Assistance Grant Program established under 
        subsection (a).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (6) Stranding.--The term ``stranding'' means an 
        event in which--</DELETED>
                <DELETED>    (A) a marine turtle is dead and is--
                </DELETED>
                        <DELETED>    (i) on a beach or shore of the 
                        United States;</DELETED>
                        <DELETED>    (ii) in State, district, 
                        commonwealth, territory, or possession, or 
                        Federal, waters of the United States; 
                        or</DELETED>
                        <DELETED>    (iii) outside of its natural 
                        habitat and is in the United States; 
                        or</DELETED>
                <DELETED>    (B) a marine turtle is alive and is--
                </DELETED>
                        <DELETED>    (i) on a beach or shore of the 
                        United States and in need of medical attention 
                        or other necessary intervention to aid its 
                        likelihood of survival;</DELETED>
                        <DELETED>    (ii) in State, district, 
                        commonwealth, territory, or possession, or 
                        Federal, waters of the United States and in 
                        need of medical attention or other necessary 
                        intervention to aid its likelihood of survival; 
                        or</DELETED>
                        <DELETED>    (iii) outside of its natural 
                        habitat, is unable to return unassisted, and is 
                        in the United States.</DELETED>
        <DELETED>    (7) Stranding region.--The term ``stranding 
        region'' means a geographic region designated by the Secretary 
        under subsection (b).</DELETED>
        <DELETED>    (8) United states.--The term ``United States'' 
        means any land or water of the several States of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the United States Virgin Islands, 
        the Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession over which the United 
        States has jurisdiction, including internal waters, State 
        waters, the territorial sea, and the exclusive economic zone of 
        the United States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sea Turtle Rescue Assistance and 
Rehabilitation Act of 2023''.

SEC. 2. SEA TURTLE RESCUE, REHABILITATION, AND RESPONSE.

    Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1421f-1) is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(10) Sea turtle rescue, rehabilitation, and response.--
                    ``(A) In general.--Subject to the availability of 
                appropriations specific to address sea turtle rescue, 
                rehabilitation, and response, the Secretary of Commerce 
                and the Director of the United States Fish and Wildlife 
                Service shall include separate eligibility for grants 
                under this subsection to address the purposes described 
                in paragraph (2) with respect to sea turtles.
                    ``(B) Conditions of grant.--A grant awarded under 
                this subsection to address sea turtle rescue, 
                rehabilitation, and response shall include the 
                equivalent grant criteria and administration 
                authorities and requirements described under paragraphs 
                (3) through (9), developed, as appropriate, and awarded 
                separately for sea turtles and in consultation with the 
                United States Fish and Wildlife Service in lieu of the 
                Marine Mammal Commission.
                    ``(C) Eligibility criteria.--In order to apply for 
                a grant awarded under this subsection to address sea 
                turtle rescue, rehabilitation, and response, an entity 
                shall--
                            ``(i) submit an application described in 
                        paragraph (5) to the Secretary of Commerce with 
                        respect to sea turtles;
                            ``(ii) be authorized by and in compliance 
                        with--
                                    ``(I) an authorization issued under 
                                section 10(a)(1)(A) of the Endangered 
                                Species Act of 1973 (16 U.S.C. 
                                1539(a)(1)(A)) with respect to sea 
                                turtles; or
                                    ``(II) a cooperative agreement 
                                entered into under section 6 of the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1535) with respect to sea 
                                turtles;
                            ``(iii) comply with the standard conditions 
                        for care and maintenance of captive sea turtles 
                        prescribed by the Secretary of the Interior 
                        when relevant facilities will be utilized for 
                        such purposes; and
                            ``(iv) comply with all relevant data 
                        reporting, requirements, such as the Sea Turtle 
                        Stranding and Salvage Network data collection 
                        requirements.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Rescue and Rapid Response Funds.--
            ``(1) In general.--There is established in the Treasury of 
        the United States--
                    ``(A) an interest-bearing fund to be known as the 
                `Joseph R. Geraci Marine Mammal Rescue and Rapid 
                Response Fund'; and
                    ``(B) an interest-bearing fund to be known as the 
                `Sea Turtle Rescue, Rehabilitation, and Rapid Response 
                Fund'.
            ``(2) Use of funds.--Amounts in the funds established under 
        paragraph (1) shall be available only for use by the Secretary 
        to provide emergency assistance.''; and
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``marine mammal rescue and response'' after 
                        ``to carry out the'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting after clause (ii) of 
                        subparagraph (A) the following:
                    ``(B) Authorization of appropriations with respect 
                to sea turtle rescue, rehabilitation, and response.--
                There is authorized to be appropriated for the 
                Secretary of Commerce to carry out the sea turtle 
                rescue, rehabilitation, and response grant program 
                under subsection (b)(10), $5,000,000 for each of fiscal 
                years 2025 through 2030, to remain available until 
                expended.''; and
                            (iv) in subparagraph (C), as redesignated 
                        by clause (ii), by inserting ``or (B)'' after 
                        ``subparagraph (A)''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Rescue and rapid response funds.--There is authorized 
        to be appropriated--
                    ``(A) to the Joseph R. Geraci Marine Mammal Rescue 
                and Rapid Response Fund $500,000 for each of fiscal 
                years 2025 through 2030; and
                    ``(B) to the Sea Turtle Rescue, Rehabilitation, and 
                Rapid Response Fund $500,000 for each of fiscal years 
                2025 through 2030.''.
                                                       Calendar No. 476

118th CONGRESS

  2d Session

                                S. 2086

_______________________________________________________________________

                                 A BILL

To require the Secretary of Commerce to establish the Sea Turtle Rescue 
                       Assistance Grant Program.

_______________________________________________________________________

                             August 1, 2024

                       Reported with an amendment