,i #aagth ,,congress #b;d ,session ,h4 ,r4 #fihg ,,in ,,the ,,house ,,of ,,representatives ,march #h1 #bjbb,mr4 ,larsen of ,washington 7for himself1 ,mr4 ,fitzpatrick1 ,ms4 ,brownley1 ,ms4 ,strickland1 and ,ms4 ,del,bene7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,transportation and ,infrastructure1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 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 mammals1 and for other purposes4 #a4 ,monitoring ocean soundscapes 7a7 ,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 ,service1 using and coordinating with the ,integrated ,ocean ,observing ,system1 and may coordinate as appropriate with ,regional ,ocean ,partnerships1 the ,fish and ,wildlife ,service1 and the ,department of ,defense to-- 7#a7 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 life2 7#b7 continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals1 physical processes1 and anthropogenic activities2 and 7#c7 after coordinating with the ,department of ,defense1 coordinate and make accessible to the public the datasets1 modeling and analysis1 and user-driven products and tools1 resulting from observations of underwater sound funded through grants authorized by this section4 7b7 ,priority ,in awarding grants under this section1 the ,administrator shall consider the geographic diversity of the recipients of such grants as much as practicable4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #a1ejj1jjj for each of fiscal years #bjbb through #bjbf4 7d7 ,administrator defined ,in this section1 the term ,administrator means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 #b4 ,grants for seaports to establish programs to reduce the impacts of vessel traffic and port operations on marine mammals 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator1 in coordination with the ,secretary of the department in which the ,coast ,guard is operating1 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 traffic1 including shipping activities and port operations4 7b7 ,eligible uses ,a grant under this section may be used to develop1 assess1 and carry out activities that reduce threats and enhance the habitats of marine mammals by-- 7#a7 reducing underwater stressors related to vessel traffic2 7#b7 reducing vessel strike mortality1 serious injury1 and other physical disturbances2 7#c7 enhancing marine mammal habitat1 including the habitat for prey of marine mammals2 or 7#d7 monitoring sound1 vessel interactions with marine mammals1 or other types of monitoring that are consistent with reducing the threats to and enhancing the habitats of marine mammals4 7c7 ,priority ,the ,administrator shall prioritize assistance under this section for projects that-- 7#a7 are based on the best available science on methods to reduce threats and enhance habitats of marine mammals1 and collect data on the reduction of those threats and the impacts of those activities to assess their effectiveness2 7#b7 assist ports with higher relative threat levels to vulnerable marine mammals from vessel traffic2 7#c7 reduce disturbance from vessel presence1 mortality risk1 or serious injury from vessel strikes2 7#d7 are in close proximity to ,usual and ,accustomed ,fishing ,areas1 ,national ,marine ,sanctuaries1 ,marine ,national ,monuments1 ,national ,parks1 ,national ,wildlife ,refuges1 and other ,federal1 ,state1 ,tribal1 and local marine protected areas2 and 7#e7 allow eligible entities to conduct risk assessments1 and track progress toward threat reduction and habitat enhancement1 including protecting coral reefs from encroachment by commerce and shipping lanes4 7d7 ,outreach ,the ,administrator shall conduct outreach to seaports to provide information on how to apply for assistance under this section1 the benefits of the program under this section1 and facilitation of adoption of best practices and identification of lessons learned4 7e7 ,eligible entities ,an entity shall be eligible for assistance under this section if the entity is-- 7#a7 a port authority for a seaport2 7#b7 a ,state1 regional1 local1 or ,tribal government that has jurisdiction over a maritime port authority or a seaport2 or 7#c7 a private entity or government entity1 applying for a grant awarded under this section in collaboration with another entity described in paragraph 7#a7 or 7#b71 that owns or operates a maritime terminal4 7f7 ,briefing ,the ,administrator shall provide to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 an annual briefing that includes the following3 7#a7 ,the name and location of each entity receiving a grant under this section4 7#b7 ,amount of each such grant4 7#c7 ,the name and location of the seaport in which activities carried out with such grant took place4 7#d7 ,a description of the activities carried out with the grant funds4 7#e7 ,an estimate of the impact of the project to reduce threats or enhance habitat of marine mammals4 7g7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7h7 ,administrator defined ,in this section1 the term ,administrator means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 #c4 ,near real-time monitoring and mitigation program for large whales 7a7 ,establishment ,the ,administrator1 in coordination with the ,secretary of the department in which the ,coast ,guard is operating1 the ,secretary of ,defense1 and the heads of other relevant ,federal departments and agencies1 shall design and deploy a near real-time large whale monitoring and mitigation program 7in this section referred to as the ,program74 7b7 ,purpose ,the purpose of the ,program is to reduce the risk to large whales of vessel collisions and to minimize other impacts to such whales4 7c7 ,requirements ,the ,program shall-- 7#a7 prioritize species of large whales for which vessel collision impacts are of particular concern2 7#b7 prioritize areas where vessel impacts are of particular concern2 7#c7 be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large whales on an actionable real-time basis1 including real time data whenever possible2 7#d7 inform sector-specific mitigation protocols to effectively reduce takes of large whales2 7#e7 integrate technology improvements that will improve as appropriate2 and 7#f7 be informed by the technologies1 monitoring methods1 and mitigation protocols developed pursuant to the pilot program required in subsection 7b74 7d7 ,pilot project 7#a7 ,establishment ,in carrying out subsection 7a71 the ,administrator shall first establish a pilot monitoring and mitigation project for ,north ,atlantic right whales for the purposes of informing a cost-effective1 efficient1 and results-oriented near real-time monitoring and mitigation program for large whales4 7#b7 ,pilot project requirements ,in designing and deploying the pilot project under paragraph 7#a71 the ,administrator and the ,secretary of the department in which the ,coast ,guard is operating1 in coordination with the heads of other relevant ,federal departments and agencies1 shall1 using best available scientific information1 identify and ensure coverage of-- 7,a7 core foraging habitats of ,north ,atlantic right whales1 including-- 7i7 the ,south of the ,islands core foraging habitat2 7ii7 the ,cape ,cod ,bay ,area core foraging habitat2 7iii7 the ,great ,south ,channel core foraging habitat2 and 7iv7 the ,gulf of ,maine2 and 7,b7 important feeding1 breeding1 calving1 rearing1 or migratory habitats of ,north ,atlantic right whales that co-occur with areas of high risk of mortality1 serious injury or other impacts to such whales including from vessels or vessel strikes4 7#c7 ,pilot project components 7,a7 ,in general ,not later than #c years after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating and with relevant ,federal agencies1 ,tribal governments1 and with input from affected stakeholders1 shall design and deploy a near real-time monitoring system for ,north ,atlantic right whales that-- 7i7 comprises the best available detection power1 spatial coverage1 and survey effort to detect and localize ,north ,atlantic right whales within core foraging habitats2 7ii7 is capable of detecting ,north ,atlantic right whales1 including visually or acoustically2 7iii7 uses dynamic habitat suitability models to inform the likelihood of ,north ,atlantic right whale occurrence in core foraging habitat at any given time2 7iv7 coordinates with the ,integrated ,ocean ,observing ,system and ,coast ,guard vessel traffic service centers1 and may coordinate with ,regional ,ocean ,partnerships to leverage monitoring assets2 7v7 integrates historical data2 7vi7 integrates new near real-time monitoring methods and technologies as they become available2 7vii7 accurately verifies and rapidly communicates detection data2 7viii7 creates standards for and allows ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies2 and 7ix7 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 risks4 7,b7 ,national security considerations ,all monitoring methods1 technologies1 and protocols under this section shall be consistent with national security considerations and interests4 7#d7 ,mitigation protocols ,the ,administrator shall1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 the ,secretary of ,defense1 the ,secretary of ,transportation1 and the ,secretary of the ,interior1 and with input from affected stakeholders1 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 whales4 7#e7 ,access to data 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,administrator shall provide access to data generated by the monitoring system for purposes of scientific research and evaluation1 and public awareness and education1 including through the ,,noaa ,right ,whale ,sighting ,advisory ,system and ,whale,map or other successive public web portals4 7,b7 ,national security related information ,the ,administrator may not provide access to any data under subparagraph 7,a7 that the ,secretary of ,defense determines should be withheld for national security reasons4 7#f7 ,pilot program reporting 7,a7 ,preliminary report ,not later than #b years after the date of the enactment of this ,act1 the ,administrator1 in consultation with the secretary of the department in which the ,coast ,guard is operating1 shall submit to the appropriate congressional committees1 and make available to the public1 a preliminary report on the pilot project established under paragraph 7#a71 which shall include-- 7i7 a description of the monitoring methods and technology in use or planned for deployment2 7ii7 analyses of the efficacy of the methods and technology in use or planned for deployment for detecting ,north ,atlantic right whales2 7iii7 how the monitoring system is directly informing and improving ,north ,american right whale management1 health1 and survival2 7iv7 a prioritized identification of technology or research gaps2 7v7 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 risks2 and 7vi7 additional information on the potential benefits and efficacy of the program1 as appropriate4 7,b7 ,final report ,not later than #f years after the date of the enactment of this ,act1 the ,administrator1 in coordination with the ,secretary of ,defense and the heads of other relevant ,federal departments and agencies1 shall submit to the appropriate congressional committees1 and make available to the public1 a final report on the pilot project established under paragraph 7#a71 that addresses the information described in subparagraph 7,a7 and includes the following3 7i7 ,an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program4 7ii7 ,a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures to-- 7,i7 additional large whale species of concern for which such measures would reduce risk of serious injury or death2 and 7,,ii7 important feeding1 breeding1 calving1 rearing1 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 disturbance4 7iii7 ,a prioritized plan for acquisition1 deployment1 and maintenance of monitoring technologies4 7iv7 ,the locations or species for which such plan would apply4 7v7 ,a budget and description of funds necessary to carry out the strategic plan4 7e7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate4 7#c7 ,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 documented4 7#d7 ,large whale ,the term large whale means all ,mysticeti species and species within the genera ,physeter and ,orcinus4 7f7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #ag1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #d4 ,grants to support technology that reduces underwater noise from vessels 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,administrator of the ,maritime ,administration shall establish a grant program1 to be administered in consultation with the heads of other appropriate ,federal departments and agencies1 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 vessels4 7b7 ,eligible uses ,grants provided under this section may be used to develop1 assess1 and implement new or improved technologies that materially reduce underwater noise from marine vessels including noise produced incidental to the propulsion of marine vessels4 7c7 ,outreach ,the ,administrator shall conduct outreach to eligible entities to provide information on how to apply for assistance under this section1 the benefits of the program established under this section1 and facilitation of best practices and lessons learned4 7d7 ,eligible entities ,a person shall be eligible for assistance under this section if the person is-- 7#a7 an academic or research institution2 7#b7 an individual1 partnership1 association1 organization or any other combination of individuals1 provided1 however1 that each such individual shall be a citizen of the ,united ,states1 a lawful permanent resident of the ,united ,states1 or a protected individual 7as such term is defined in section #bgd;,b7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77#c7772 7#c7 a corporation established under the laws of the ,united ,states2 or 7#d7 a ,state or ,tribal government4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 #e4 ,technology assessment for quieting ,united ,states ,government vessels 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,administrator of the ,maritime ,administration1 in consultation with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 ,secretary of ,defense1 and the ,secretary of the department in which the ,coast ,guard is operating1 shall submit to the committees identified under subsection 7b71 and make available to the public1 a report-- 7#a7 identifying existing1 at the time of submission1 non-classified naval technologies that reduce underwater noise2 and 7#b7 evaluating the effectiveness and feasibility of incorporating such technologies in the design1 procurement1 and construction of non-combatant vessels of the ,united ,states4 7b7 ,committees ,the report required under subsection 7a7 shall be submitted to the ,committees on ,commerce1 ,science1 and ,transportation and ,armed ,services of the ,senate and the ,committees on ,armed ,services1 ,natural ,resources1 and ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj for fiscal year #bjbb1 to remain available until expended4