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[Senate Report 114-386]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 690
114th Congress }                                             { Report
                                 SENATE
 2d Session    }                                             { 114-386

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

 
            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\
---------------------------------------------------------------------------
    \1\Congressional Research Service Report RL30120, The Marine Mammal 
Protection Act: Reauthorization Issues, by Eugene H. Buck.
    \2\Ibid.
    \3\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \5\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                         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
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.....................................       10       10       10       10       10        50
Estimated Outlays.......................................        6        7        8        8        8        37
----------------------------------------------------------------------------------------------------------------

    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]
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