II 118th CONGRESS 2d Session S. 4948 IN THE SENATE OF THE UNITED STATES August 1, 2024 Mr. Manchin (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Commerce to establish a grant program to foster enhanced coexistence between ocean users and North Atlantic right whales and other large cetacean species.

1. North Atlantic right whales and regulations For the period beginning on the date of the enactment of this Act and ending on December 31, 2030, the North Atlantic right whale vessel strike reduction rule contained in section 224.105 of title 50, Code of Federal Regulations, as in effect during fiscal year 2022, may not be amended, updated, modified, or replaced. 2. North Atlantic right whale and other large cetacean species grant program (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a competitive grant program to award amounts, on an annual basis, to eligible entities for the eligible uses described in subsection (e). (b) Administration The Secretary shall enter into a cooperative agreement with the Foundation pursuant to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ) for the Foundation to manage and administer the Program. (c) Applications To be eligible for a grant under the Program, an eligible entity shall submit to the Foundation an application in such form, at such time, and containing such information as the Foundation determines appropriate. (d) Funding (1) In general After the Secretary enters into a cooperative agreement with the Foundation under subsection (b)— (A) the Secretary shall provide to the Foundation the amounts made available under this section to carry out the Program in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, for each fiscal year; and (B) the Foundation shall invest and reinvest excess such amounts for the benefit of the Program. (2) Application of National Fish and Wildlife Foundation Establishment Act Amounts received by the Foundation under this section to carry out the Program shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), except for section 10(a) of that Act ( 16 U.S.C. 3709(a) ). (e) Eligible uses An eligible entity that is awarded a grant under the Program may use such grant to develop, assess, and carry out activities that reduce lethal and sub-lethal interactions between ocean users and North Atlantic right whales and other large cetacean species, including— (1) funding research to identify, deploy, or test innovative avoidance technologies that reduce or eliminate harmful interactions between ocean users and North Atlantic right whales and other large cetacean species; (2) efforts to enhance awareness of existing North Atlantic right whale management measures and rules; (3) developing on-the-water approaches to support the coexistence of ocean users and North Atlantic right whales and other large cetacean species; (4) funding the expansion of infrastructure and capacity to disseminate management and other relevant information that reduces harmful interactions between ocean users and North Atlantic right whales and other large cetacean species, especially such interactions that can lead to lethal or sub-lethal injury; and (5) other uses the Foundation, in consultation with the Secretary and relevant eligible entities, determines appropriate. (f) Priority In awarding grants under the Program, the Foundation shall give priority to applications— (1) with a substantial likelihood of reducing lethal and sub-lethal interactions between ocean users and North Atlantic right whales and other large cetacean species; (2) that include cooperation among ocean users; and (3) that demonstrate, or have the potential to provide, economic benefits to small businesses reliant upon fishing, tourism, and maritime-related activities based in the United States. (g) Prohibited uses (1) In general Except as provided in paragraph (2), an eligible entity that is awarded a grant under the Program may not use such grant to distribute resources to an entity or individual that is not a United States person. (2) Exception An eligible entity that is awarded a grant under the Program may use such grant to distribute resources to a partnership that includes an entity or individual that is not a United States person if the resources are distributed directly to a partner in the partnership that is a United States person. (h) Report Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the results and effectiveness of— (1) projects carried out with a grant awarded under the Program; and (2) work carried out pursuant to— (A) section 201 of division JJ of the Consolidated Appropriations Act, 2023 ( 16 U.S.C. 1393 ); and (B) section 11303 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 16 U.S.C. 1391 ). (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $10,000,000, to remain available until expended. (2) Administrative expenses Each fiscal year, of the amounts made available to carry out this section under paragraph (1), the Foundation may use not more than 5 percent or $80,000, whichever is greater, of such amounts for the administrative expenses of the Program. (j) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State, regional, local, or Tribal government; (B) a nonprofit organization or research institution with expertise in on-the-water technology for the monitoring or detection of North Atlantic right whales and other large cetacean species; (C) any individual or entity the Secretary and the Foundation jointly determine appropriate, including ocean users in the fishing, tourism, fishing tackle manufacturing, boating, shipping, marine electronics, ship piloting, vessel towing, and other maritime sectors; or (D) a consortium of 2 or more entities described in any of subparagraphs (A) through (C). (2) Foundation The term Foundation means the National Fish and Wildlife Foundation. (3) Program The term Program means the program established under subsection (a). (4) Secretary The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (5) United States person The term United States person has the meaning given the term in section 7701(a)(30) of the Internal Revenue Code of 1986.