### §1393. Conservation and mitigation assistance

#### (a) Assistance

#### (1) In general

Not later than 180 days after December 29, 2022, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere (in this title 1 referred to as the "Under Secretary") shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.

#### (2) Use of existing authorities

Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

#### (3) Cooperative agreements

The Under Secretary may enter into cooperative agreements with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out this title.1

#### (b) Eligible entities

An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is—

(1) a relevant port authority for a port;

(2) a relevant State, regional, local, or Tribal government;

(3) any other individual or entity, as determined appropriate by the Under Secretary, including—

(A) an owner or operator of a vessel, as defined under section 3 of title 1; and

(B) participants within sectors of the maritime industry, such as boating, shipping, fishing, fishing gear and rope manufacturing, and other maritime activities;

(4) a nonprofit organization or research institution with expertise in commercial fisheries, gear innovation, and North Atlantic right whale conservation; or

(5) a consortium of entities described in paragraphs (1) through (4).

#### (c) Eligible uses

Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce human induced threats to North Atlantic right whales, including—

(1) funding research to identify, deploy, or test innovative gear technologies;

(2) subsidizing acquisition of innovative gear technologies to improve adoption of those technologies by fisheries participants, which may include direct payment to fisheries participants;

(3) training for fisheries participants to improve deployment, safety, and adoption of innovative gear technologies;

(4) funding for monitoring necessary to support dynamic management of fisheries, vessel traffic, or other needs; and

(5) other uses as determined by the Under Secretary in consultation with relevant eligible entities.

#### (d) Priority

In determining whether to fund project proposals under this section, the Under Secretary shall prioritize projects—

(1) with a substantial likelihood of reducing lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements or vessel collisions;

(2) that include cooperation with fishing industry participants or other private sector stakeholders; and

(3) that demonstrate, or have the potential to provide, economic benefits to small businesses based in the United States.

#### (e) Prohibited uses

#### (1) In general

Except as provided in paragraph (2), funds awarded under this section may not be used to distribute resources to an entity or individual that is not a United States person (as defined in section 7701(a)(3) of title 26).

#### (2) Exception

Funds awarded under this section may be used to distribute resources to a partnership that includes an entity or individual that is not a United States person (as defined in section 7701(a)(30) of title 26) if the resources are distributed directly to a partner in the partnership that is a United States person (as so defined).

#### (f) Project reporting

#### (1) In general

Each individual or entity that receives assistance under this section for a project shall submit to the Under Secretary periodic reports (at such intervals as the Under Secretary may require) that include all information that the Under Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.

#### (2) Availability to the public

Reports under paragraph (1) shall be made available to the public in a timely manner.

(Pub. L. 117–328, div. JJ, title II, §201, Dec. 29, 2022, 136 Stat. 6090.)

#### **Editorial Notes**

#### References in Text

This title, referred to in subsec. (a)(1), (3), means title II of div. JJ of Pub. L. 117–328, which enacted this section and provisions set out as notes under this section. For complete classification of title II to the Code, see Tables.

The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Marine Mammal Protection Act of 1972, referred to in subsec. (a)(2), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.

The National Fish and Wildlife Foundation Establishment Act, referred to in subsec. (a)(3), is Pub. L. 98–244, Mar. 26, 1984, 98 Stat. 107, which is classified generally to chapter 57 (§3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title.

#### Codification

Section was enacted as part of the Consolidated Appropriations Act, 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Report to Congress

Pub. L. 117–328, div. JJ, title II, §202, Dec. 29, 2022, 136 Stat. 6092, provided that: "Not later than 2 years after the date of enactment of this Act [Dec. 29, 2022], and every 5 years thereafter, the Under Secretary [of Commerce for Oceans and Atmosphere] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the results and effectiveness of projects receiving assistance provided under this title [enacting this section and provisions set out as notes under this section]."

#### Acceptance and Use of Donations

Pub. L. 117–328, div. JJ, title II, §203(b), Dec. 29, 2022, 136 Stat. 6092, provided that: "The Under Secretary [of Commerce for Oceans and Atmosphere] may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, consistent with policy of the Department of Commerce in effect on the date of enactment of this Act [Dec. 29, 2022], to provide assistance under section 201 [16 U.S.C. 1393]."

1 See References in Text note below.