[House Report 117-683]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
2d Session        }                                     {      117-683

======================================================================



 
                SEA TURTLE RESCUE ASSISTANCE ACT OF 2022

                                _______
                                

 December 30, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7918]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 7918) to require the Secretary of Commerce to 
establish the Sea Turtle Rescue Assistance Grant Program, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Sea Turtle Rescue Assistance Act of 
2022''.

SEC. 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 from stranded marine 
        turtles for scientific research or assessments regarding marine 
        turtle health, including tagging information; 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 stranding events that occurred in each 
        stranding region in the preceding 5 years; and
          (2) 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) Application.--An applicant for a grant under this section shall 
submit an application in such form and manner as the Secretary shall 
prescribe.
  (f) Grant Criteria.--
          (1) Development of criteria.--The Secretary shall, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service, establish by regulation appropriate criteria 
        for awarding grants under this section.
          (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 stranding regions and 
        representatives of public and private organizations with an 
        established record in rescue, rehabilitation, and release, as 
        well as related scientific research, marine conservation, and 
        forensic science, with respect to stranded marine turtles.
          (3) Required criteria.--The criteria developed under 
        paragraph (1) shall prioritize applicants with an established 
        record of rescuing, rehabilitation, scientific research, and 
        forensic science with respect to stranded marine turtles or 
        conducting scientific research and forensic science on stranded 
        marine turtles.
  (g) Limitations.--
          (1) Maximum amount of grant.--No grant awarded under this 
        section may exceed $150,000 in any 12-month period.
          (2) Matching requirement.--The non-Federal share of the costs 
        of an activity conducted with a grant awarded under the Program 
        shall be not less than 50 percent of such costs, including in-
        kind services and the use of property.
  (h) 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 2023 through 2028 to remain available until 
expended. Not more than 3 percent shall be used for administrative 
expenses to carry out this Act.
  (i) Definitions.--In this section:
          (1) Marine turtle.--The term ``marine turtle'' means any 
        member of the family Cheloniidae or Dermochelyidae.
          (2) Program.--The term ``Program'' means the Sea Turtle 
        Rescue Assistance Grant Program established under subsection 
        (a).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce.
          (4) 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; 
                        or
                          (ii) in waters under the jurisdiction of the 
                        United States (including any navigable waters); 
                        or
                  (B) a marine turtle 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 in need of medical attention; or
                          (iii) in the waters under the jurisdiction of 
                        the United States (including any navigable 
                        waters), and in need of medical attention or 
                        other necessary intervention to aid its 
                        likelihood of survival.
          (5) Stranding region.--The term ``stranding region'' means a 
        geographic region designated by the Secretary under subsection 
        (b).

                          PURPOSE OF THE BILL

    The purpose of H.R. 7918 is to require the Secretary of 
Commerce to establish the Sea Turtle Rescue Assistance Grant 
Program.

                  BACKGROUND AND NEED FOR LEGISLATION

    All sea turtles found in U.S. waters are listed as 
threatened or endangered under the Endangered Species Act.\1\ 
Human activities, which are becoming more common due to climate 
change, create several risks to threatened and endangered sea 
turtles, from oil spills, entanglements in fishing gear, and 
other plastic waste to boat strikes and cold-stun events. Many 
of these events disorient sea turtles, resulting in coastal 
strandings and starving them.
---------------------------------------------------------------------------
    \1\Pub. L. No. 97-304 (1982).
---------------------------------------------------------------------------
    The National Oceanic and Atmospheric Administration and the 
U.S. Fish and Wildlife Service developed sea turtle recovery 
plans that recognize and emphasize the importance of 
maintaining a functioning stranded sea turtle rescue network to 
conserve and recover listed sea turtles.\2\ The Sea Turtle 
Stranding and Salvage Network (Network) was established to 
respond to more frequent stranding events and is composed of 
Federal, State, and permitted private partners around the 
nation.\3\ Much of their work focuses on documenting the status 
of live sea turtles and counts and examination of dead sea 
turtles to understand morbidity and mortality drivers and best 
inform conservation management and recovery efforts.\4\
---------------------------------------------------------------------------
    \2\National Oceanic and Atmospheric Administration, Sea Turtle 
Stranding and Salvage Network (online at www.fisheries.noaa.gov/
national/marine-life-distress/sea-turtle-stranding-and-salvage-
network).
    \3\Ibid.
    \4\``Morbidity'' refers to illness or disease, ``mortality'' refers 
to death, regardless of cause. National Park Service, Review of the Sea 
Turtle Science and Recovery Program--Padre Island National Seashore 
(May 2021) (online at www.nps.gov/pais/learn/management/upload/pais-
stsr-review-report_20210507_finalamended_508.pdf).
---------------------------------------------------------------------------
    Federal funding to support this vital work has remained 
inadequate, despite the continuation of the Network as an 
essential aspect of every sea turtle species' recovery plan. 
Over two years, just eight of these network partners cared for 
more than 2,000 sea turtles, paying $5 million yearly to care 
for rescued sea turtles. Sea turtle stranding response and 
rehabilitation efforts are necessary for sea turtle 
conservation.
    H.R. 7918 would establish a federal grant program, known as 
the ``Sea Turtle Rescue Assistance Grant Program,'' to provide 
critical funding to support response and rehabilitation efforts 
for federally protected endangered sea turtles. Grants would 
fund the recovery, care, and treatment of stranded marine 
turtles, stranding data collection for scientific research, and 
facility operating costs. The bill also outlines criteria to 
ensure that grants are awarded to regions equitably. The bill 
stipulates a non-federal matching requirement of no less than 
50 percent of the costs of activities conducted with the 
assistance. The bill authorizes $5 million annually for fiscal 
years 2023 through 2028 and caps administrative costs at no 
more than 3 percent of funds.

                            COMMITTEE ACTION

    H.R. 7918 was introduced on May 31, 2022, by Representative 
Bill Keating (D-MA). The bill was referred solely to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water, Oceans, and Wildlife. On July 21, 2022, 
the Subcommittee held a hearing on the bill. On December 8, 
2022, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. Chair 
Raul M. Grijalva (D-AZ) offered an amendment in the nature of a 
substitute. The amendment in the nature of a substitute was 
agreed to by unanimous consent. The bill, as amended, was 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on July 21, 2022.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII 
of the Rules of the House of Representatives and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill. The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to require the Secretary of 
Commerce to establish the Sea Turtle Rescue Assistance Grant 
Program.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]