[Senate Report 114-386]
[From the U.S. Government Publishing Office]
Calendar No. 690
114th Congress } { Report
SENATE
2d Session } { 114-386
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MARINE MAMMAL RESEARCH AND RESPONSE ACT OF 2016
_______
November 28, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3059]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3059) to reauthorize and amend
the John H. Prescott Marine Mammal Rescue and Response Grant
Program and for other purposes, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 3059 is to reauthorize and amend the John
H. Prescott Marine Mammal Rescue and Response Grant Program. It
would authorize the John H. Prescott Marine Mammal Rescue and
Rapid Response Fund and establish the Marine Mammal Health Map,
which would be incorporated into the National Integrated
Coastal and Ocean Observation System. Lastly, it would require
reporting to Congress on data collection and gaps by the
Administrator of the National Oceanic and Atmospheric
Administration (NOAA).
Background and Needs
The Marine Mammal Protection Act of 1972 (MMPA) was enacted
in large part due to the overwhelming public outcry regarding
the high levels of dolphin mortalities in the Pacific tuna
fishery, which were estimated at more than 400,000 mortalities
per year.\1\ A signature piece of the MMPA was the
establishment of a moratorium on the ``taking'' of marine
mammals in U.S. waters. The bill authorized the Secretaries of
Commerce and the Interior to issue permits for the ``taking''
of marine mammals for certain purposes.\2\ The MMPA shifted all
marine mammal management authority to the Federal Government,
dividing the species among NOAA and the Fish and Wildlife
Service (FWS).\3\
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\1\Congressional Research Service Report RL30120, The Marine Mammal
Protection Act: Reauthorization Issues, by Eugene H. Buck.
\2\Ibid.
\3\Ibid.
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Permits for the ``taking'' of marine mammals may be
provided for scientific research, public display, and
activities related to commercial fishing or offshore oil and
gas exploration. The survival and recovery of the species or
stock, and whether or not the stock is depleted, is taken into
consideration when issuing a permit.\4\
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\4\Ibid.
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Authorization of appropriations expired at the end of
fiscal year (FY) 1999 after the last reauthorization of the
MMPA in 1994. The last reauthorization addressed a 1988
commercial fishing exemption that expired at the end of FY 1993
by indefinitely authorizing the taking of marine mammals
incidental to commercial fishing operations, while providing a
number of plans to help reduce the incidental takes.\5\
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\5\Ibid.
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In 2000, the MMPA was amended by the Marine Mammal Rescue
Assistance Act of 2000,\6\ establishing the John H. Prescott
Marine Mammal Rescue Assistance Grant Program (Prescott Grant
Program). The Prescott Grant Program is currently administered
through the Marine Mammal Health and Stranding Response Program
of the National Marine Fisheries Service. Funding levels for
the grant have varied since its inception in 2001 with a high
of $5.5 million. From 2001 to 2010, the Prescott Grant Program
has awarded over $34.6 million through 392 grants to eligible
members of the stranding network.\7\ In addition, a portion of
funds have been used for emergency assistance during
catastrophic stranding events, which amounts have varied up to
$4 million depending on the incidents of mass strandings in a
particular year.\8\
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\6\16 U.S.C. 1421f-1
\7\National Oceanic and Atmospheric Administration, ``The John H.
Prescott Marine Mammal Rescue Assistance Grant Program,'' 2010, at
http://www.nmfs.noaa.gov/pr/health/prescott/prescott_report_01-
10_final.pdf.
\8\Ibid.
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Marine mammal strandings
Marine mammal strandings can be small scale events
involving single animals or larger-scale events involving
dozens of animals. Strandings occur for a variety of
reasons.\9\ In some cases the cause of the stranding is
unknown, but some identified causes include entanglements, ship
strikes, illness or disease, injuries caused by natural
predators, or unusual weather or oceanographic events.\10\
Stranding events provide a tremendous amount of information to
researchers and managers.\11\ The information collected can
provide insight into distributions, population health,
contaminant levels, and diseases. Animals that are rescued by
the stranding network are rehabilitated with the ultimate goal
of being released back into the wild. Those that do not survive
are used by researchers and scientists to better understand
marine mammal populations.
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\9\National Oceanic and Atmospheric Administration, NOAA Fisheries,
``Marine Mammal Stranding Response Fact Sheet,'' at http://
www.nmfs.noaa.gov/pr/pdfs/health/stranding_fact_sheet.pdf.
\10\Ibid.
\11\Ibid.
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Summary of Provisions
If enacted, S. 3059 would do the following:
Reauthorize the Prescott Grant Program at
$7,000,000 ($6,000,000 for Department of Commerce and
$1,000,000 for Department of the Interior) for each of FYs 2017
through 2022.
Authorize the John H. Prescott Marine Mammal
Rescue and Rapid Response Fund at $500,000 for each of FYs 2016
through 2021.
Establish the Marine Mammal Health Map, which
would be incorporated into the National Integrated Coastal and
Ocean Observation System.
Require reporting to Congress on data collection
and gaps by the Administrator of NOAA.
S. 3059 would not reauthorize the bulk of the MMPA, rather
it would reauthorize and amend one part of the MMPA, which is
the John H. Prescott Marine Mammal Rescue and Response Grant
Program.
Legislative History
S. 3059 was introduced on June 15, 2016, by Senator
Cantwell and is cosponsored by Senators Sullivan, Murkowski,
and Schatz.
On June 29, 2016, the Committee met in open Executive
Session and, by voice vote, ordered S. 3059 to be reported
favorably with an amendment (in the nature of a substitute).
Amendments were offered by Senators Booker and Wicker--all were
accepted.
The first amendment offered by Senator Booker (Booker 1)
would clarify who may enter into certain agreements related to
the John H. Prescott Marine Mammal Rescue and Response Program
from ``any person'' to ``any eligible stranding network
participant or stranding network collaborator.'' The second
amendment as modified by Senator Booker (Booker 2, modified)
would modify the preferences given to awarding funds under the
John H. Prescott Marine Mammal Rescue and Response Grant
Program. The third amendment as modified by Senator Wicker
(Wicker 1, modified) would make small changes to improve the
bill. The fourth amendment as modified by Senator Wicker
(Wicker 2, modified) would permit certain public displays of
non-releasable marine mammals.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 3059--Marine Mammal Research and Response Act of 2016
Summary: S. 3059 would reauthorize and amend the Marine
Mammal Protection Act of 1972. The bill would authorize the
appropriation of $10 million annually over the 2017-2021 period
for the National Oceanic and Atmospheric Administration (NOAA)
to carry out activities to improve marine mammal research and
improve responses to emergency events involving marine mammals.
CBO estimates that implementing S. 3059 would cost $37
million over the 2017-2021 period, assuming appropriation of
the authorized amounts. Enacting S. 3059 could affect direct
spending; therefore, pay-as-you-go procedures apply. However,
CBO estimates that the net effect on the budget would be
negligible. Enacting S. 3059 would not affect revenues.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
S. 3059 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 3059 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 10 10 10 10 10 50
Estimated Outlays....................................... 6 7 8 8 8 37
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Basis of estimate: For this estimate, CBO assumes S. 3059
will be enacted near the start of 2017 and that the authorized
amounts will be appropriated for each fiscal year.
S. 3059 would authorize the appropriation of $8 million
annually over the 2017-2021 period for NOAA, in coordination
with the Department of the Interior, to carry out the John H.
Prescott Marine Mammal Rescue and Response Program. That
program makes grants to specific public and private entities
for the purposes of rescuing and rehabilitating marine mammals
that are stranded on land. (In 2016, NOAA allocated $3 million
for such grants.)
In addition, the bill would authorize appropriations
totaling about $2 million annually over the 2017-2021 period
for NOAA to archive selected marine mammal tissues, compensate
individuals who respond to emergencies involving large and
unexpected die-offs in marine mammal populations, create and
maintain a publicly accessible national system to monitor
marine mammal health, and comply with other administrative
requirements.
Based on historical spending patterns for NOAA's
activities, CBO estimates that implementing S. 3059 would cost
$37 million over the 2017-2021 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending and
revenues. S. 3059 would allow NOAA to accept and spend, without
further appropriation, monetary gifts to assist in implementing
a marine mammal health system. Such gifts would be recorded as
offsetting receipts, which are treated as reductions in direct
spending. Because CBO expects that monetary gifts would be
spent soon after they are received, we estimate that the net
change in direct spending would be negligible. Enacting S. 3059
would not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 3059 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 3059
contains no intergovernmental or private-sector mandates as
defined in UM RA. By expanding federal grant programs that
support research and response activities involving stranded or
deceased marine mammals, the bill would benefit public entities
involved in those activities. Any costs, including matching
contributions, incurred by public entities under agreements
with NOAA would result from participation in voluntary federal
programs.
Estimate prepared by: Federal costs: Robert Reese; Impact
on state, local, and tribal governments: Jon Sperl; Impact on
the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 3059, as reported, does not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
The legislation is not expected to have a negative impact
on the Nation's economy.
privacy
The reported bill is not expected to impact the personal
privacy of individuals.
paperwork
S. 3059 would require the Administrator of NOAA to submit
to Congress a report summarizing the status of the Marine
Mammal Health Map and gaps in data collection pursuant to the
Marine Mammal Health Map. This report would be submitted not
later than 1 year after the date of enactment of the Act.
Additionally, not later than 5 years after the report is
complete, and every 5 years thereafter, the Administrator of
NOAA would be required to submit a data gap analysis.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide the short title of the bill, the
``Marine Mammal Research and Response Act of 2016.''
Section 2. Data collection and dissemination.
This section would provide for the inclusion of the word
``entanglement,'' or a similar phrase, into appropriate
paragraphs in subsection (b) of section 402 of the MMPA (16
U.S.C. 1421a (b)) (regarding data collection). It also would
strike subsection (c) of that section (governing data
availability) and replace it with a more in-depth subsection on
data availability and another subsection on data reporting
requirements. The data availability subsection would require
the Secretary of Commerce to develop a program to make
information, including data and metadata, collected under the
MMPA available to researchers, stranding networks, and the
public. Each stranding network participant would be required to
submit information to NOAA, for inclusion in the Marine Mammal
Health Map, not later than 30 days after the date that the
information is available or updated, as applicable. This
section contains the Wicker 2 amendment as modified that would
permit certain public display of non-releasable marine mammals.
Section 3. Stranding or entanglement response agreements.
This section would amend section 403 of the MMPA (16 U.S.C.
1421b) by including the terms ``or entanglement'' before
``response'' in the section heading. It also would add ``or
entanglement'' to the end of subsection (a) of that section.
This would allow the Secretary of Commerce to enter into an
agreement under section 112(c) of the MMPA (16 U.S.C. 1382(c))
with any person to take marine mammals under section 109(h)(1)
of the MMPA (16 U.S.C. 1379(h)(1)) in response to a stranding
or an entanglement.
Section 4. Unusual mortality event activity funding.
This section would amend section 405 of the MMPA (16 U.S.C.
1421d), which establishes the Marine Mammal Unusual Mortality
Fund. The funds would be available for use by the Secretary of
Commerce, in consultation with the Secretary of the Interior,
for costs incurred as a result of an unusual mortality event.
This section also would allow deposits into the fund from sums
received for marine mammal conservation, including fines and
penalties, and up to $750,000 per FY from amounts appropriated
to the Secretary of Commerce for carrying out title IV and
other titles in the MMPA.
Section 5. Liability.
This section would amend section 406(a) of the MMPA (16
U.S.C. 1421e(a)) by including the terms ``or entanglement''
after ``to a stranding.'' This would add further liability
protection to individuals responding to a stranding or
entanglement.
Section 6. National marine mammal tissue bank and tissue analysis.
This section would amend section 407 of the MMPA (16 U.S.C.
1421f) by adding reference data on the mortality of marine
mammals to the central database established under the MMPA.
This section also would ensure that access to this data is made
public.
Section 7. John H. Prescott Marine Mammal Rescue and Response Grant
Program and Rapid Response Fund.
This section would amend section 408 of the MMPA (16 U.S.C.
1421f-1), and rename the John H. Prescott Marine Mammal Rescue
Assistance Grant Program as the John H. Prescott Marine Mammal
Rescue Assistance Grant Program and Rapid Response Fund. The
Prescott Grant Program would provide for: the recovery or
treatment of sick, injured, or entangled marine mammals; marine
mammal stranding events that require emergency assistance; the
collection of data and samples from living or dead stranded
marine mammals for scientific research; facility operation
costs that are directly related to the aforementioned
activities; and the development of stranding network capacity.
The Secretary of Commerce could enter into contracts, grants,
or agreements with any person to accomplish the purposes and
would be required to ensure that funds awarded are distributed
equitably among the stranding regions. Preference would be
given 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.
The Secretary of Commerce, in consultation with the Marine
Mammal Commission, a representative from each of the stranding
regions, and other individuals who represent public and private
organizations, would develop criteria for awarding grants. The
maximum grant amount would be $200,000 for any 12-month period.
This section would authorize appropriations at $7,000,000
for each of FY 2017 through 2022. This section also would
authorize appropriations for the Rapid Response Fund at
$500,000 for each of FY 2016 through 2021, and these funds
would remain available until expended. The Rapid Response Fund
would be available for use by the Secretary of Commerce to
provide emergency assistance for a stranding event or
entangling event.
Section 8. Marine Mammal Health Map.
This section would amend the MMPA to insert a new section
to require, not later than 1 year after the date of enactment
of the Act, the Secretary of Commerce, acting through the
Administrator of NOAA, in consultation with the Secretary of
the Interior and the Marine Mammal Commission, to establish a
national marine mammal health and stranding observing system
referred to as the Marine Mammal Health Map. This Marine Mammal
Health Map would be incorporated into the National Integrated
Coastal and Ocean Observation System (33 U.S.C. 3603) and be
made publicly accessible. The purpose of the program would be
to promote: interdisciplinary research; the timely and
sustained dissemination and availability of data; the
evaluation of marine mammal health; the improved collaboration
and forecasting of marine mammal and larger ecosystem health
events; rapid communication and dissemination of information
regarding marine mammal strandings; increased accessibility of
data in a user friendly visual interface; and an ocean health
index.
Section 9. Reports to Congress.
This section would amend the MMPA to insert a new section
to require, not later than 1 year after the date of enactment,
the Administrator of NOAA, in consultation with the Secretary
of the Interior, the Marine Mammal Commission, and the National
Ocean Research Leadership Council, to submit to Congress a
status report on the Marine Mammal Health Map. This report
would include: a detailed evaluation of the data made publicly
available; a list of any gaps in data collected; emerging
marine mammal health concerns; and recommendations for the
Marine Mammal Health Map.
Not later than 5 years after the date of enactment, and
every 5 years thereafter, the Administrator of NOAA would be
required to submit a data gap analysis to Congress. Not later
than 1 year after the date of enactment, the Administrator of
NOAA, in consultation with the Marine Mammal Commission and the
Director of the FWS, would be required to submit to Congress a
report on the response capabilities for sick and injured marine
mammals in the Arctic regions of the United States.
Section 10. Authorization of appropriations.
This section would amend section 409 of the MMPA (16 U.S.C.
1421g) to authorize appropriations for the Marine Mammal Health
and Stranding Response title of the MMPA at $250,000 for each
of FYs 2017 through 2022, and authorize $500,000 to the Marine
Mammal Unusual Mortality Event Fund for each of FYs 2017
through 2022.
Section 11. Definitions.
This section would amend section 410 of the MMPA (16 U.S.C.
1421h) to define ``entangle'' or ``entanglement'' to mean an
event in which a living or dead marine mammal has material
wrapped around or attached to the marine mammal and is found on
a shore or in the navigable waters of the United States. A
``stranding region'' would be defined to mean a geographic
region designated by the Secretary of Commerce for purposes of
administration of the MMPA.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
MARINE MAMMAL PROTECTION ACT OF 1972
[16 U.S.C. 1361 et seq.]
SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION.
[16 U.S.C. 1421a]
(a) Determination for Release.--The Secretary shall, in
consultation with the Secretary of the Interior, the Marine
Mammal Commission, and individuals with knowledge and
experience in marine science, marine mammal science, marine
mammal veterinary and husbandry practices, and marine
conservation, including stranding network participants, develop
objective criteria, after an opportunity for public review and
comment, to provide guidance for determining at what point a
rehabilitated marine mammal is releasable to the wild.
(b) Collection.--The Secretary shall, in consultation with
the Secretary of the Interior, collect and update,
periodically, existing information on--
(1) procedures and practices for--
(A) rescuing and rehabilitating stranded or
entangled marine mammals, including criteria
used by stranding network participants, on a
species-by-species basis, for determining at
what point a marine mammal undergoing rescue
and rehabilitation is returnable to the wild;
and
(B) collecting, preserving, labeling, and
transporting marine mammal tissues for
physical, chemical, and biological analyses;
(2) appropriate scientific literature on marine
mammal health, disease, and rehabilitation;
(3) [strandings,] strandings and entanglements,
including unusual mortality events, which the Secretary
shall compile and analyze, by stranding region, to
monitor species, numbers, conditions, and causes of
illnesses and deaths of stranded [marine mammals; and]
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
(4) other life history and reference level data,
including marine mammal tissue [analyses, that would
allow comparison of the causes of illness and deaths in
stranded marine mammals with physical, chemical, and
biological environmental parameters.] analyses.
[(c) Availability.--The Secretary shall make information
collected under this section available to stranding network
participants and other qualified scientists.]
(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) meet 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. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
[16 U.S.C. 1421b]
(a) In General.--The Secretary may enter into an agreement
under section 112(c) with any person to take marine mammals
under section 109(h)(1) in response to a stranding[.] or
entanglement.
(b) Required Provision.--An agreement authorized by
subsection (a) shall--
(1) specify each person who is authorized to perform
activities under the agreement; and
(2) specify any terms and conditions under which a
person so specified may delegate that authority to
another person.
(c) Review.--The Secretary shall periodically review
agreements under section 112(c) that are entered into pursuant
to this title, for performance adequacy and effectiveness.
SEC. 405. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
[16 U.S.C. 1421d]
(a) Establishment of Fund.--There is established in the
Treasury an interest bearing fund to be known as the ``Marine
Mammal Unusual Mortality Event Fund'', which shall consist of
amounts deposited into the Fund under subsection (c).
[(b) Uses.--
[(1) In general.--Amounts in the Fund--
[(A) shall be available only for use by the
Secretary, in consultation with the Secretary
of the Interior--
[(i) to compensate persons for
special 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;
[(ii) for reimbursing any stranding
network participant for costs incurred
in preparing and transporting tissues
collected with respect to an unusual
mortality event for the Tissue Bank;
and
[(iii) for care and maintenance of
marine mammal seized under section
104(c)(2)(D); and
[(B) shall remain available until expended.
[(2) Pending claims.--If sufficient amounts are not
available in the Fund to satisfy any authorized pending
claim, such claim shall remain pending until such time
as sufficient amounts are available. All authorized
pending claims shall be satisfied in the order
received.]
(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.
(c) Deposits Into the Fund.--There shall be deposited into
the Fund--
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for
use with respect to unusual mortality events; [and]
(3) amounts received by the United States in the form
of gifts, devises, and bequests under subsection
(d)[.];
(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.
(d) Acceptance of Donations.--For purposes of carrying out
this title and section 104(c)(2)(D), the Secretary may accept,
solicit, and use the services of volunteers, and may accept,
solicit, receive, hold, administer, and use gifts, devises, and
bequests.
SEC. 406. LIABILITY.
[16 U.S.C. 1421e]
(a) In General.--A person who is authorized to respond to a
stranding or entanglement pursuant to an agreement entered into
under section 112(c) 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 are--
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in
accordance with--
(A) the contingency plan issued under section
404(b);
(B) the instructions of an Onsite Coordinator
designated under section 404(c); or
(C) the best professional judgment of an
Onsite Coordinator, in the case of any matter
that is not covered by the contingency plan.
(b) Limitation.--Subsection (a) does not apply to actions of
a person described in that subsection that are grossly
negligent or that constitute willful misconduct.
SEC. 407. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
[16 U.S.C. 1421f]
* * * * * * *
(c) Data Base.--
(1) In general.--The Secretary shall maintain a
central data base which provides an effective means for
tracking and accessing data on marine mammals,
including relevant data on marine mammal tissues
collected for and maintained in the Tissue Bank.
(2) Contents.--The data base established under this
subsection shall include--
(A) reference data on [the health of marine
mammals and] marine mammal health and mortality
and the health of populations of marine
mammals; and
(B) data on species of marine mammals that
are subject to unusual mortality events.
(d) Access.--The Secretary shall, in consultation with the
Secretary of the Interior, establish criteria, after an
opportunity for public review and comment, for public access
to--
(1) marine mammal tissues in the Tissue Bank;
(2) analyses conducted pursuant to subsection (b);
and
(3) marine mammal data in the data base maintained
under subsection (c);
which provide for appropriate uses of the tissues, analyses,
and data by qualified scientists, including stranding network
participants.
[SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
PROGRAM.
[16 U.S.C. 1421f-1]
[(a) In General.--
[(1) Subject to the availability of appropriations,
the Secretary shall conduct a grant program to be known
as the John H. Prescott Marine Mammal Rescue Assistance
Grant Program, to provide grants to eligible stranding
network participants for the recovery or treatment of
marine mammals, the collection of data from living or
dead stranded marine mammals for scientific research
regarding marine mammal health, and facility operation
costs that are directly related to those purposes.
[(2)(A) The Secretary shall ensure that, to the
greatest extent practicable, funds provided as grants
under this subsection are distributed equitably among
the stranding regions designated as of the date of the
enactment of the Marine Mammal Rescue Assistance Act of
2000, and in making such grants shall give preference
to those facilities that have established records for
rescuing or rehabilitating sick and stranded marine
mammals in each of the respective regions, or
subregions.
[(B) In determining priorities among such
regions, the Secretary may consider--
[(i) any episodic stranding or any
mortality event other than an event
described in section 410(6), that
occurred in any region in the preceding
year;
[(ii) data regarding average annual
strandings and mortality events per
region; and
[(iii) the size of the marine mammal
populations inhabiting a geographic
area within such a region.
[(b) Application.--To receive a grant under this section, a
stranding network participant shall submit an application in
such form and manner as the Secretary may prescribe.
[(c) Consultation.--The Secretary shall consult with the
Marine Mammal Commission, a representative from each of the
designated 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, regarding the development of criteria
for the implementation of the grant program and the awarding of
grants under the program.
[(d) Limitation.--The amount of a grant under this section
shall not exceed $100,000.
[(e) Matching Requirement.--
[(1) In general.--The non-Federal share of the costs
of an activity conducted with a grant under this
section shall be 25 percent of such costs.
[(2) In-kind contributions.--The Secretary may apply
to the non-Federal share of an activity conducted with
a grant under this section the amount of funds, and the
fair market value of property and services, provided by
non-Federal sources and used for the activity.
[(f) Administrative Expenses.--Of amounts available each
fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
section.
[(g) Definitions.--In this section:
[(1) Designated stranding region.--The term
``designated stranding region'' means a geographic
region designated by the Secretary for purposes of
administration of this title.
[(2) Secretary.--The term ``Secretary'' has the
meaning given that term in section 3(12)(A).
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2001 through 2003, to remain available
until expended, of which--
[(1) $4,000,000 may be available to the Secretary of
Commerce; and
[(2) $1,000,000 may be available to the Secretary of
the Interior.]
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.
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.
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.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 1421g]
There is authorized to be appropriated--
(1) to the Secretary for carrying out this title
(other than sections 405 and 407) $250,000 for each of
fiscal years [1993 and 1994;] 2017 through 2022;
(2) to the Secretary for carrying out section 407,
$250,000 for each of fiscal years [1993 and 1994;] 2017
through 2022; and
(3) to the Fund, $500,000 for [fiscal year 1993.] for
each of the fiscal years 2017 through 2022.
SEC. 410. DEFINITIONS.
[16 U.S.C. 1421h]
In this title, the following definitions apply:
(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.
[(1)](2) The term ``Fund'' means the Marine Mammal
Unusual Mortality Event Fund established by section
405(a).
[(2)](3) The term ``Office'' means the Office of
Protected Resources, in the National Marine Fisheries
Service.
[(3)](4) The term ``stranding'' means an event in the
wild in which--
(A) a marine mammal is dead and is--
(i) on a beach or shore of the United
States; or
(ii) in waters under the jurisdiction
of the United States (including any
navigable waters); or
(B) a marine mammal is alive and is--
(i) on a beach or shore of the United
States and unable to return to the
water;
(ii) on a beach or shore of the
United States and, although able to
return to the water, is in need of
apparent medical attention; or
(iii) in the waters under the
jurisdiction of the United States
(including any navigable waters), but
is unable to return to its natural
habitat under its own power or without
assistance.
[(4)](5) The term ``stranding network participant''
means a person who is authorized by an agreement under
section 112(c) to take marine mammals as described in
section 109(h)(1) in response to a stranding.
(6) The term ``stranding region'' means a geographic
region designated by the Secretary for purposes of
administration of this Act.
[(5)] (7) The term ``Tissue Bank'' means the National
Marine Tissue Bank provided for under section 407(a).
[(6)](8) The term ``unusual mortality event'' means a
stranding that--
(A) is unexpected;
(B) involves a significant die-off of any
marine mammal population; and
(C) demands immediate response.
[all]