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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6987 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6987

   To establish programs to reduce the impacts of vessel traffic and 
      underwater noise on marine mammals, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2022

 Mr. Larsen of Washington (for himself, Mr. Fitzpatrick, Ms. Brownley, 
 Ms. Strickland, and Ms. DelBene) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
    the Committees on Transportation and Infrastructure, and Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To establish programs to reduce the impacts of vessel traffic and 
      underwater noise on marine mammals, and for other purposes.

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

SECTION 1. MONITORING OCEAN SOUNDSCAPES.

    (a) In General.--The Administrator shall maintain and expand an 
ocean soundscape development program that includes the Ocean Noise 
Reference Station Network of the National Oceanic and Atmospheric 
Administration and the National Park Service, using and coordinating 
with the Integrated Ocean Observing System, and may coordinate as 
appropriate with Regional Ocean Partnerships, the Fish and Wildlife 
Service, and the Department of Defense to--
            (1) provide grants to expand the deployment of Federal and 
        non-Federal observing and data management systems capable of 
        collecting measurements of underwater sound in high-priority 
        ocean and coastal locations for purposes of monitoring and 
        analyzing baselines and trends in the underwater soundscape to 
        protect and manage marine life;
            (2) continue to develop and apply standardized forms of 
        measurements to assess sounds produced by marine animals, 
        physical processes, and anthropogenic activities; and
            (3) after coordinating with the Department of Defense, 
        coordinate and make accessible to the public the datasets, 
        modeling and analysis, and user-driven products and tools, 
        resulting from observations of underwater sound funded through 
        grants authorized by this section.
    (b) Priority.--In awarding grants under this section, the 
Administrator shall consider the geographic diversity of the recipients 
of such grants as much as practicable.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000 for each of fiscal 
years 2022 through 2026.
    (d) Administrator Defined.--In this section, the term 
``Administrator'' means the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration.

SEC. 2. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE IMPACTS 
              OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator, in coordination with the 
Secretary of the department in which the Coast Guard is operating, 
shall establish a grant program to provide assistance to seaports to 
develop and implement mitigation measures that will lead to a 
quantifiable reduction in impacts to marine mammals from vessel 
traffic, including shipping activities and port operations.
    (b) Eligible Uses.--A grant under this section may be used to 
develop, assess, and carry out activities that reduce threats and 
enhance the habitats of marine mammals by--
            (1) reducing underwater stressors related to vessel 
        traffic;
            (2) reducing vessel strike mortality, serious injury, and 
        other physical disturbances;
            (3) enhancing marine mammal habitat, including the habitat 
        for prey of marine mammals; or
            (4) monitoring sound, vessel interactions with marine 
        mammals, or other types of monitoring that are consistent with 
        reducing the threats to and enhancing the habitats of marine 
        mammals.
    (c) Priority.--The Administrator shall prioritize assistance under 
this section for projects that--
            (1) are based on the best available science on methods to 
        reduce threats and enhance habitats of marine mammals, and 
        collect data on the reduction of those threats and the impacts 
        of those activities to assess their effectiveness;
            (2) assist ports with higher relative threat levels to 
        vulnerable marine mammals from vessel traffic;
            (3) reduce disturbance from vessel presence, mortality 
        risk, or serious injury from vessel strikes;
            (4) are in close proximity to Usual and Accustomed Fishing 
        Areas, National Marine Sanctuaries, Marine National Monuments, 
        National Parks, National Wildlife Refuges, and other Federal, 
        State, Tribal, and local marine protected areas; and
            (5) allow eligible entities to conduct risk assessments, 
        and track progress toward threat reduction and habitat 
        enhancement, including protecting coral reefs from encroachment 
        by commerce and shipping lanes.
    (d) Outreach.--The Administrator shall conduct outreach to seaports 
to provide information on how to apply for assistance under this 
section, the benefits of the program under this section, and 
facilitation of adoption of best practices and identification of 
lessons learned.
    (e) Eligible Entities.--An entity shall be eligible for assistance 
under this section if the entity is--
            (1) a port authority for a seaport;
            (2) a State, regional, local, or Tribal government that has 
        jurisdiction over a maritime port authority or a seaport; or
            (3) a private entity or government entity, applying for a 
        grant awarded under this section in collaboration with another 
        entity described in paragraph (1) or (2), that owns or operates 
        a maritime terminal.
    (f) Briefing.--The Administrator shall provide to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, an annual briefing 
that includes the following:
            (1) The name and location of each entity receiving a grant 
        under this section.
            (2) Amount of each such grant.
            (3) The name and location of the seaport in which 
        activities carried out with such grant took place.
            (4) A description of the activities carried out with the 
        grant funds.
            (5) An estimate of the impact of the project to reduce 
        threats or enhance habitat of marine mammals.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.
    (h) Administrator Defined.--In this section, the term 
``Administrator'' means the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration.

SEC. 3. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE 
              WHALES.

    (a) Establishment.--The Administrator, in coordination with the 
Secretary of the department in which the Coast Guard is operating, the 
Secretary of Defense, and the heads of other relevant Federal 
departments and agencies, shall design and deploy a near real-time 
large whale monitoring and mitigation program (in this section referred 
to as the ``Program'').
    (b) Purpose.--The purpose of the Program is to reduce the risk to 
large whales of vessel collisions and to minimize other impacts to such 
whales.
    (c) Requirements.--The Program shall--
            (1) prioritize species of large whales for which vessel 
        collision impacts are of particular concern;
            (2) prioritize areas where vessel impacts are of particular 
        concern;
            (3) be capable of detecting and alerting ocean users and 
        enforcement agencies of the probable location of large whales 
        on an actionable real-time basis, including real time data 
        whenever possible;
            (4) inform sector-specific mitigation protocols to 
        effectively reduce takes of large whales;
            (5) integrate technology improvements that will improve as 
        appropriate; and
            (6) be informed by the technologies, monitoring methods, 
        and mitigation protocols developed pursuant to the pilot 
        program required in subsection (b).
    (d) Pilot Project.--
            (1) Establishment.--In carrying out subsection (a), the 
        Administrator shall first establish a pilot monitoring and 
        mitigation project for North Atlantic right whales for the 
        purposes of informing a cost-effective, efficient, and results-
        oriented near real-time monitoring and mitigation program for 
        large whales.
            (2) Pilot project requirements.--In designing and deploying 
        the pilot project under paragraph (1), the Administrator and 
        the Secretary of the department in which the Coast Guard is 
        operating, in coordination with the heads of other relevant 
        Federal departments and agencies, shall, using best available 
        scientific information, identify and ensure coverage of--
                    (A) core foraging habitats of North Atlantic right 
                whales, including--
                            (i) the South of the Islands core foraging 
                        habitat;
                            (ii) the Cape Cod Bay Area core foraging 
                        habitat;
                            (iii) the Great South Channel core foraging 
                        habitat; and
                            (iv) the Gulf of Maine; and
                    (B) important feeding, breeding, calving, rearing, 
                or migratory habitats of North Atlantic right whales 
                that co-occur with areas of high risk of mortality, 
                serious injury or other impacts to such whales 
                including from vessels or vessel strikes.
            (3) Pilot project components.--
                    (A) In general.--Not later than 3 years after the 
                date of the enactment of this Act, the Administrator, 
                in consultation with the Secretary of the department in 
                which the Coast Guard is operating and with relevant 
                Federal agencies, Tribal governments, and with input 
                from affected stakeholders, shall design and deploy a 
                near real-time monitoring system for North Atlantic 
                right whales that--
                            (i) comprises the best available detection 
                        power, spatial coverage, and survey effort to 
                        detect and localize North Atlantic right whales 
                        within core foraging habitats;
                            (ii) is capable of detecting North Atlantic 
                        right whales, including visually or 
                        acoustically;
                            (iii) uses dynamic habitat suitability 
                        models to inform the likelihood of North 
                        Atlantic right whale occurrence in core 
                        foraging habitat at any given time;
                            (iv) coordinates with the Integrated Ocean 
                        Observing System and Coast Guard vessel traffic 
                        service centers, and may coordinate with 
                        Regional Ocean Partnerships to leverage 
                        monitoring assets;
                            (v) integrates historical data;
                            (vi) integrates new near real-time 
                        monitoring methods and technologies as they 
                        become available;
                            (vii) accurately verifies and rapidly 
                        communicates detection data;
                            (viii) creates standards for and allows 
                        ocean users to contribute data to the 
                        monitoring system using comparable near real-
                        time monitoring methods and technologies; and
                            (ix) communicates the risks of injury to 
                        large whales to ocean users in a way that is 
                        most likely to result in informed decision 
                        making regarding the mitigation of those risks.
                    (B) National security considerations.--All 
                monitoring methods, technologies, and protocols under 
                this section shall be consistent with national security 
                considerations and interests.
            (4) Mitigation protocols.--The Administrator shall, in 
        consultation with the Secretary of the department in which the 
        Coast Guard is operating, the Secretary of Defense, the 
        Secretary of Transportation, and the Secretary of the Interior, 
        and with input from affected stakeholders, develop and deploy 
        mitigation protocols that make use of the near real-time 
        monitoring system to direct sector-specific mitigation measures 
        that avoid and significantly reduce risk of serious injury and 
        mortality to North Atlantic right whales.
            (5) Access to data.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Administrator shall provide access to data 
                generated by the monitoring system for purposes of 
                scientific research and evaluation, and public 
                awareness and education, including through the NOAA 
                Right Whale Sighting Advisory System and WhaleMap or 
                other successive public web portals.
                    (B) National security related information.--The 
                Administrator may not provide access to any data under 
                subparagraph (A) that the Secretary of Defense 
                determines should be withheld for national security 
                reasons.
            (6) Pilot program reporting.--
                    (A) Preliminary report.--Not later than 2 years 
                after the date of the enactment of this Act, the 
                Administrator, in consultation with the secretary of 
                the department in which the Coast Guard is operating, 
                shall submit to the appropriate congressional 
                committees, and make available to the public, a 
                preliminary report on the pilot project established 
                under paragraph (1), which shall include--
                            (i) a description of the monitoring methods 
                        and technology in use or planned for 
                        deployment;
                            (ii) analyses of the efficacy of the 
                        methods and technology in use or planned for 
                        deployment for detecting North Atlantic right 
                        whales;
                            (iii) how the monitoring system is directly 
                        informing and improving North American right 
                        whale management, health, and survival;
                            (iv) a prioritized identification of 
                        technology or research gaps;
                            (v) a plan to communicate the risks of 
                        injury to large whales to ocean users in a way 
                        that is most likely to result in informed 
                        decision making regarding the mitigation of 
                        those risks; and
                            (vi) additional information on the 
                        potential benefits and efficacy of the program, 
                        as appropriate.
                    (B) Final report.--Not later than 6 years after the 
                date of the enactment of this Act, the Administrator, 
                in coordination with the Secretary of Defense and the 
                heads of other relevant Federal departments and 
                agencies, shall submit to the appropriate congressional 
                committees, and make available to the public, a final 
                report on the pilot project established under paragraph 
                (1), that addresses the information described in 
                subparagraph (A) and includes the following:
                            (i) An assessment of the benefits and 
                        efficacy of the near real-time monitoring and 
                        mitigation program.
                            (ii) A strategic plan to expand the pilot 
                        program to provide near real-time monitoring 
                        and mitigation measures to--
                                    (I) additional large whale species 
                                of concern for which such measures 
                                would reduce risk of serious injury or 
                                death; and
                                    (II) important feeding, breeding, 
                                calving, rearing, or migratory habitats 
                                of whales that co-occur with areas of 
                                high risk of mortality or serious 
                                injury of such whales from vessel 
                                strikes or disturbance.
                            (iii) A prioritized plan for acquisition, 
                        deployment, and maintenance of monitoring 
                        technologies.
                            (iv) The locations or species for which 
                        such plan would apply.
                            (v) A budget and description of funds 
                        necessary to carry out the strategic plan.
    (e) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Secretary of Commerce, acting through the Administrator of the 
        National Oceanic and Atmospheric Administration.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Natural Resources and Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
            (3) Core foraging habitats.--The term ``core foraging 
        habitats'' means areas with biological and physical 
        oceanographic features that aggregate Calanus finmarchicus and 
        where North Atlantic right whales foraging aggregations have 
        been well documented.
            (4) Large whale.--The term ``large whale'' means all 
        Mysticeti species and species within the genera Physeter and 
        Orcinus.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $17,000,000 
for each of fiscal years 2022 through 2026.

SEC. 4. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE FROM 
              VESSELS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Maritime Administration 
shall establish a grant program, to be administered in consultation 
with the heads of other appropriate Federal departments and agencies, 
to provide assistance for the development and implementation of new or 
improved technologies that quantifiably reduce underwater noise from 
marine vessels including noise produced incidental to the propulsion of 
marine vessels.
    (b) Eligible Uses.--Grants provided under this section may be used 
to develop, assess, and implement new or improved technologies that 
materially reduce underwater noise from marine vessels including noise 
produced incidental to the propulsion of marine vessels.
    (c) Outreach.--The Administrator shall conduct outreach to eligible 
entities to provide information on how to apply for assistance under 
this section, the benefits of the program established under this 
section, and facilitation of best practices and lessons learned.
    (d) Eligible Entities.--A person shall be eligible for assistance 
under this section if the person is--
            (1) an academic or research institution;
            (2) an individual, partnership, association, organization 
        or any other combination of individuals, provided, however, 
        that each such individual shall be a citizen of the United 
        States, a lawful permanent resident of the United States, or a 
        protected individual (as such term is defined in section 
        274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1324b(a)(3)));
            (3) a corporation established under the laws of the United 
        States; or
            (4) a State or Tribal government.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.

SEC. 5. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT 
              VESSELS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Administrator of the Maritime 
Administration, in consultation with the Administrator of the National 
Oceanic and Atmospheric Administration, Secretary of Defense, and the 
Secretary of the department in which the Coast Guard is operating, 
shall submit to the committees identified under subsection (b), and 
make available to the public, a report--
            (1) identifying existing, at the time of submission, non-
        classified naval technologies that reduce underwater noise; and
            (2) evaluating the effectiveness and feasibility of 
        incorporating such technologies in the design, procurement, and 
        construction of non-combatant vessels of the United States.
    (b) Committees.--The report required under subsection (a) shall be 
submitted to the Committees on Commerce, Science, and Transportation 
and Armed Services of the Senate and the Committees on Armed Services, 
Natural Resources, and Transportation and Infrastructure of the House 
of Representatives.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000 for fiscal year 2022, 
to remain available until expended.
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