166 
‘‘(B) affects or modifies any obligation 
under Federal law; or 
‘‘(C) preempts or supersedes the final rule 
titled ‘To Implement Speed Restrictions to Re-
duce the Threat of Ship Collisions With North 
Atlantic Right Whales’, codified at section 
224.105 of title 50, Code of Federal Regulations, 
except for actions that are more protective than 
the Final Rule and further reduce the risk of 
take to North Atlantic right whales. 
‘‘(2) INCONSISTENCIES.—The Secretary may de-
termine whether inconsistencies referred to in para-
graph (1)(A) exist, but may not determine that any 
State law is inconsistent with any provision of this 
title if the Secretary determines that such law gives 
greater protection to covered marine species and their 
habitat. 
‘‘(h) PRIORITY SPECIES.—For the purposes of this sec-
tion, the term ‘priority species’ means, at a minimum, all 
Mysticeti species and species within the genera Physeter, 
Orcinus, and Trichechus. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section, $3,000,000 for each of fiscal years 2022 through 
2026, and there is authorized to be appropriated to the 
VerDate Sep 11 2014 
22:29 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6203
E:\BILLS\H3764.RH
H3764
kjohnson on DSK79L0C42PROD with BILLS
167 
Commandant of the Coast Guard to carry out this section, 
$3,000,000 for each of fiscal years 2024 through 2026.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
the first section of such Act is further amended by inserting 
after the item relating to section 121 the following: 
‘‘Sec. 122. Vessel restrictions in marine mammal habitat.’’. 
SEC. 703. MONITORING OCEAN NOISE FOR MARINE MAM-
MAL PROTECTION. 
(a) IN GENERAL.—The Administrator and the Direc-
tor of the Fish and Wildlife Service shall maintain and ex-
pand an Ocean Noise Reference Station Network, utilizing 
and coordinating with the Integrated Ocean Observing Sys-
tem and the Office of National Marine Sanctuaries to— 
(1) provide grants to expand the deployment of 
Federal and non-Federal observing and data manage-
ment 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 anthropo-
genic activities; and 
(3) coordinate and make accessible to the public 
the datasets, modeling and analysis, and user-driven 
VerDate Sep 11 2014 
22:29 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6203
E:\BILLS\H3764.RH
H3764
kjohnson on DSK79L0C42PROD with BILLS
168 
products and tools, resulting from observations of un-
derwater sound funded through grants authorized by 
this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to sup-
port integrated ocean observations activities carried out 
under this section, $1,500,000 for each of fiscal years 2022 
through 2026. 
SEC. 704. GRANTS FOR SEAPORTS TO ESTABLISH PRO-
GRAMS TO REDUCE THE IMPACTS OF VESSEL 
TRAFFIC AND PORT OPERATIONS ON MARINE 
MAMMALS. 
(a) IN GENERAL.—The Administrator and the Direc-
tor of the Fish and Wildlife Service shall, not later than 
180 days after the date of the enactment of this Act, estab-
lish a grant program to provide assistance to up to ten sea-
ports to develop and implement mitigation measures that 
will lead to a quantifiable reduction in threats to marine 
mammals from shipping activities and port operations. 
(b) ELIGIBLE USES.—Grants provided under this sec-
tion may be used to develop, assess, and carry out activities 
that quantifiably reduce threats and enhance the habitats 
of marine mammals by— 
(1) reducing underwater noise related to marine 
traffic; 
VerDate Sep 11 2014 
22:29 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6203
E:\BILLS\H3764.RH
H3764
kjohnson on DSK79L0C42PROD with BILLS
169 
(2) reducing vessel strike mortality and other 
physical disturbances; 
(3) enhancing marine mammal habitat, includ-
ing the habitat for prey of marine mammals; or 
(4) monitoring underwater noise, vessel inter-
actions with marine mammals, or other types of mon-
itoring that are consistent with reducing the threats 
to and enhancing the habitats of marine mammals. 
(c) PRIORITY.—The Administrator and the Director of 
the Fish and Wildlife Service shall prioritize assistance 
under this section for projects that— 
(1) assist ports with higher relative threat levels 
to vulnerable marine mammals from vessel traffic; 
(2) project higher levels of— 
(A) reduction of noise from vessels; and 
(B) reduction of disturbance or vessel strike 
mortality risk; and 
(C) reduction of noise influence National 
Marine Sanctuaries, Marine National Monu-
ments, National Parks, National Wildlife Ref-
uges, and other Federal, State, and local marine 
protected areas; or 
(3) allow eligible entities to conduct risk assess-
ments, and track progress toward threat reduction 
and habitat enhancement; including protecting coral 
VerDate Sep 11 2014 
22:29 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6203
E:\BILLS\H3764.RH
H3764
kjohnson on DSK79L0C42PROD with BILLS
170 
reefs from encroachment by commerce and shipping 
lanes. 
(d) OUTREACH.—The Administrator and the Director 
of the Fish and Wildlife Service shall conduct outreach to 
seaports to provide information on how to apply for assist-
ance under this section, the benefits of the program under 
this section, and facilitation of best practices and lessons 
learned. 
(e) ELIGIBLE ENTITIES.—A person shall be eligible for 
assistance under this section if the person is— 
(1) a port authority for a seaport; 
(2) a State, regional, local, or Tribal agency that 
has jurisdiction over a maritime port authority or a 
seaport; or 
(3) a private 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) REPORT.—The Administrator and the Director of 
the Fish and Wildlife Service shall submit annually to the 
Committee on Natural Resources of the House of Represent-
atives, and the Committee on Commerce, Science, and 
Transportation of the Senate, a report that includes the fol-
lowing: 
VerDate Sep 11 2014 
22:29 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6203
E:\BILLS\H3764.RH
H3764
kjohnson on DSK79L0C42PROD with BILLS