[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4948 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4948

 To require the Secretary of Commerce to establish a grant program to 
  foster enhanced coexistence between ocean users and North Atlantic 
             right whales and other large cetacean species.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

Mr. Manchin (for himself and Mr. Graham) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Commerce to establish a grant program to 
  foster enhanced coexistence between ocean users and North Atlantic 
             right whales and other large cetacean species.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.

    For the period beginning on the date of the enactment of this Act 
and ending on December 31, 2030, the North Atlantic right whale vessel 
strike reduction rule contained in section 224.105 of title 50, Code of 
Federal Regulations, as in effect during fiscal year 2022, may not be 
amended, updated, modified, or replaced.

SEC. 2. NORTH ATLANTIC RIGHT WHALE AND OTHER LARGE CETACEAN SPECIES 
              GRANT PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a competitive 
grant program to award amounts, on an annual basis, to eligible 
entities for the eligible uses described in subsection (e).
    (b) Administration.--The Secretary shall enter into a cooperative 
agreement with the Foundation pursuant to the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) for the 
Foundation to manage and administer the Program.
    (c) Applications.--To be eligible for a grant under the Program, an 
eligible entity shall submit to the Foundation an application in such 
form, at such time, and containing such information as the Foundation 
determines appropriate.
    (d) Funding.--
            (1) In general.--After the Secretary enters into a 
        cooperative agreement with the Foundation under subsection 
        (b)--
                    (A) the Secretary shall provide to the Foundation 
                the amounts made available under this section to carry 
                out the Program in an advance payment of the entire 
                amount on October 1, or as soon as practicable 
                thereafter, for each fiscal year; and
                    (B) the Foundation shall invest and reinvest excess 
                such amounts for the benefit of the Program.
            (2) Application of national fish and wildlife foundation 
        establishment act.--Amounts received by the Foundation under 
        this section to carry out the Program shall be subject to the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701 et seq.), except for section 10(a) of that Act (16 
        U.S.C. 3709(a)).
    (e) Eligible Uses.--An eligible entity that is awarded a grant 
under the Program may use such grant to develop, assess, and carry out 
activities that reduce lethal and sub-lethal interactions between ocean 
users and North Atlantic right whales and other large cetacean species, 
including--
            (1) funding research to identify, deploy, or test 
        innovative avoidance technologies that reduce or eliminate 
        harmful interactions between ocean users and North Atlantic 
        right whales and other large cetacean species;
            (2) efforts to enhance awareness of existing North Atlantic 
        right whale management measures and rules;
            (3) developing on-the-water approaches to support the 
        coexistence of ocean users and North Atlantic right whales and 
        other large cetacean species;
            (4) funding the expansion of infrastructure and capacity to 
        disseminate management and other relevant information that 
        reduces harmful interactions between ocean users and North 
        Atlantic right whales and other large cetacean species, 
        especially such interactions that can lead to lethal or sub-
        lethal injury; and
            (5) other uses the Foundation, in consultation with the 
        Secretary and relevant eligible entities, determines 
        appropriate.
    (f) Priority.--In awarding grants under the Program, the Foundation 
shall give priority to applications--
            (1) with a substantial likelihood of reducing lethal and 
        sub-lethal interactions between ocean users and North Atlantic 
        right whales and other large cetacean species;
            (2) that include cooperation among ocean users; and
            (3) that demonstrate, or have the potential to provide, 
        economic benefits to small businesses reliant upon fishing, 
        tourism, and maritime-related activities based in the United 
        States.
    (g) Prohibited Uses.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible entity that is awarded a grant under the Program may 
        not use such grant to distribute resources to an entity or 
        individual that is not a United States person.
            (2) Exception.--An eligible entity that is awarded a grant 
        under the Program may use such grant to distribute resources to 
        a partnership that includes an entity or individual that is not 
        a United States person if the resources are distributed 
        directly to a partner in the partnership that is a United 
        States person.
    (h) Report.--Not later than 2 years after the date of the enactment 
of this Act, and every 2 years thereafter, the Secretary shall submit 
to the Committee on Natural Resources and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report regarding the results and effectiveness of--
            (1) projects carried out with a grant awarded under the 
        Program; and
            (2) work carried out pursuant to--
                    (A) section 201 of division JJ of the Consolidated 
                Appropriations Act, 2023 (16 U.S.C. 1393); and
                    (B) section 11303 of the James M. Inhofe National 
                Defense Authorization Act for Fiscal Year 2023 (16 
                U.S.C. 1391).
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $10,000,000, to remain 
        available until expended.
            (2) Administrative expenses.--Each fiscal year, of the 
        amounts made available to carry out this section under 
        paragraph (1), the Foundation may use not more than 5 percent 
        or $80,000, whichever is greater, of such amounts for the 
        administrative expenses of the Program.
    (j) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, regional, local, or Tribal government;
                    (B) a nonprofit organization or research 
                institution with expertise in on-the-water technology 
                for the monitoring or detection of North Atlantic right 
                whales and other large cetacean species;
                    (C) any individual or entity the Secretary and the 
                Foundation jointly determine appropriate, including 
                ocean users in the fishing, tourism, fishing tackle 
                manufacturing, boating, shipping, marine electronics, 
                ship piloting, vessel towing, and other maritime 
                sectors; or
                    (D) a consortium of 2 or more entities described in 
                any of subparagraphs (A) through (C).
            (2) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation.
            (3) Program.--The term ``Program'' means the program 
        established under subsection (a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere.
            (5) United states person.--The term ``United States 
        person'' has the meaning given the term in section 7701(a)(30) 
        of the Internal Revenue Code of 1986.
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