118 S2086 RS: Sea Turtle Rescue Assistance Act of 2023
U.S. Senate
2024-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
Calendar No. 476
118th CONGRESS
2d Session
S. 2086
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.
1.

Short title
This Act may be cited as the “Sea Turtle Rescue Assistance Act of 2023”.
2.

Sea Turtle Rescue Assistance Grant program
(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).
(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.
(c)

Purposes
The purposes of the Program are to provide for—
(1)
the recovery, short- or long-term care, transportation, and treatment of stranded marine turtles;
(2)
the release of rescued and recovered marine turtles;
(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
(4)
facility operation costs that are directly related to activities described in paragraphs (1), (2), and (3).
(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—
(1)
the number of strandings that occurred in each stranding region in the preceding 5 years;
(2)
region-specific factors that increase risks of strandings; and
(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.).
(e)

Applications
(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.
(2)

Eligible applicants
An entity is an eligible applicant if the entity is—
(A)
a nonprofit member of the Sea Turtle Stranding and Salvage Network;
(B)
an Indian Tribe;
(C)
an institution of higher education; or
(D)
another public or private organization with an established record in the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles.
(f)

Grant criteria
(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.
(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—
(A)
stranding regions;
(B)
Indian Tribes;
(C)
institutions of higher education; and
(D)
public or private organizations with an established record in—
(i)
the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles; or
(ii)
scientific research, marine conservation, or forensic science, with respect to stranded marine turtles.
(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.
(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.
(h)

Liability waiver
(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—
(A)
are in support of rescue, recovery, rehabilitation, transportation, or release efforts;
(B)
are in accordance with the purposes of subsection (c); and
(C)
reflect sound professional judgment and are consistent with the directions of any on-site coordinator or incident commander.
(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.
(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.
(j)

Definitions
In this section:
(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).
(2)

Institution of higher education
(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—
(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;
(ii)
is legally authorized within such State, district, commonwealth, territory, or possession to provide a program of education beyond secondary education;
(iii)
provides an educational program for which a bachelor's degree or any other higher degree is awarded;
(iv)
is a public or other nonprofit institution; and
(v)
is accredited by a nationally recognized accrediting agency or association.
(B)

Inclusions
The term institution of higher education includes a research foundation maintained by an institution of higher education described in subparagraph (A).
(3)

Marine turtle
The term marine turtle means any member of the family Cheloniidae or Dermochelyidae.
(4)

Program
The term Program means the Sea Turtle Rescue Assistance Grant Program established under subsection (a).
(5)

Secretary
The term Secretary means the Secretary of Commerce.
(6)

Stranding
The term stranding means an event in which—
(A)
a marine turtle is dead and is—
(i)
on a beach or shore of the United States;
(ii)
in State, district, commonwealth, territory, or possession, or Federal, waters of the United States; or
(iii)
outside of its natural habitat and is in the United States; or
(B)
a marine turtle is alive and is—
(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;
(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
(iii)
outside of its natural habitat, is unable to return unassisted, and is in the United States.
(7)

Stranding region
The term stranding region means a geographic region designated by the Secretary under subsection (b).
(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.
1.

Short title
This Act may be cited as the “Sea Turtle Rescue Assistance and Rehabilitation Act of 2023”.
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.”.
August 1, 2024
Reported with an amendment