,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gccb ,,in ,,the ,,house ,,of ,,representatives ,february #c1 #bjbf ,ms4 ,matsui 7for herself1 ,ms4 ,malliotakis1 ,ms4 ,dexter1 ,mr4 ,buchanan1 ,ms4 ,elfreth1 ,mr4 ,carter of ,georgia1 ,ms4 ,bonamici1 ,mr4 ,rutherford1 ,mr4 ,quigley1 ,mrs4 ,radewagen1 ,mr4 ,huffman1 ,ms4 ,king-,hinds1 ,mr4 ,moulton1 ,mr4 ,bilirakis1 ,mr4 ,krishnamoorthi1 ,mrs4 ,kiggans of ,virginia1 ,ms4 ,brownley1 ,mr4 ,fitzpatrick1 ,mr4 ,smith of ,washington1 ,mr4 ,moylan1 ,mr4 ,suozzi1 and ,ms4 ,mace7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,transportation and ,infrastructure1 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 amend the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc to provide for a mapping1 surveying1 monitoring1 and mitigation program for migratory whales and other large cetaceans4 #a4 ,short title ,this ,act may be cited as the ,whale ,,charts ,act of #bjbf4 #b4 ,mapping1 surveying1 monitoring1 and mitigation program for migratory whales and other large cetaceans 7a7 ,in general ,section #aacjc of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7#af ,u4,s4,c4 #acia7 is amended-- 7#a7 in the heading1 by striking ,,near ,,real-,,time ,,monitoring ,,and ,,mitigation ,,program ,,for and inserting ,,mapping1 ,,surveying1 ,,monitoring1 ,,and ,,mitigation ,,program ,,for ,,migratory ,,whales ,,and ,,other2 7#b7 in subsection 7a7-- 7,a7 by striking near real-time monitoring and inserting mapping1 surveying1 monitoring12 7,b7 by striking 7referred to in this section as the ,program72 and 7,c7 by striking threatened or endangered and inserting migratory whales and other large2 7#c7 in subsection 7b7-- 7,a7 by inserting migratory whales and other before large cetaceans posed2 7,b7 by inserting migratory whales and other before large cetaceans through2 and 7,c7 by striking the use of near real-time location monitoring and location information and inserting the following3 increased and improved data collection1 including-- 7#a7 mapping and surveying of migratory whales2 7#b7 monitoring of large cetaceans2 and 7#c7 the development of detection technologies for migratory whales and other large cetaceans4 2 7#d7 by redesignating subsections 7e7 through 7i7 as subsections 7g7 through 7k71 respectively2 7#e7 by redesignating subsection 7c7 as subsection 7f72 7#f7 in subsection 7f71 as so redesignated-- 7,a7 in the heading1 by striking ,,requirements and inserting ,,near ,,real-,,time ,,monitoring ,,and ,,mitigation ,,subprogram ,,for ,,large ,,cetaceans2 7,b7 by redesignating paragraphs 7#a7 through 7#f7 as subparagraphs 7,a7 through 7,f71 respectively 7and by adjusting the margins of such subparagraphs accordingly72 7,c7 by striking ,the ,program and inserting the following3 7#c7 ,requirements ,the ,subprogram 2 7,d7 by inserting before paragraph 7#c71 as so redesignated1 the following3 7#a7 ,establishment ,the ,under ,secretary1 in coordination with the heads of other relevant ,federal agencies1 shall design and deploy a cost-effective1 efficient1 and results-oriented near real-time monitoring and mitigation subprogram for threatened or endangered cetaceans4 7#b7 ,purpose ,the purpose of the ,subprogram shall be to reduce the risk to large cetaceans posed by vessel collisions and to minimize other impacts on large cetaceans through the use of near real-time location monitoring and location information4 2 and 7,e7 in paragraph 7#c77;,f71 as so redesignated1 by striking subsection 7d7 and inserting paragraph 7#d72 7#g7 in subsection 7d77#d77;,b77ii77,,ii77bb71 to read as follows3 7bb7 a strategic plan to expand the pilot project to provide near real-time monitoring and mitigation measures to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death and in important feeding1 breeding1 calving1 rearing1 or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance2 2 7#h7 by redesignating subsection 7d7 as paragraph 7#d7 of subsection 7f71 as so redesignated 7and by adjusting the margin of paragraph 7#d7 accordingly72 7#i7 in subsection 7f77#d71 as so redesignated-- 7,a7 in the heading1 by striking ,,pilot ,,project and inserting ,,pilot ,,project2 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively 7and by redesignating any subdivisions under such subparagraphs 7as so redesignated7 to include adjusting the margins of such subparagraphs 7and their subdivisions7 accordingly72 7,c7 by striking ,program each place it appears and inserting ,subprogram2 7,d7 in subparagraph 7,c71 as so redesignated1 by striking paragraph 7#b7 each place it appears and inserting subparagraph 7,b72 and 7,e7 in subparagraph 7,d7-- 7i7 in clause 7i77,,ii71 as so redesignated1 by striking clause 7i7 and inserting subclause 7,i72 and 7ii7 in clause 7ii77,,ii7-- 7,i7 by striking clause 7i7 and inserting subclause 7,i72 and 7,,ii7 in item 7aa71 by striking subparagraph 7,a7 and inserting clause 7i72 7#aj7 by inserting after subsection 7b7 the following3 7c7 ,distribution mapping of migratory whales 7#a7 ,in general ,the ,under ,secretary1 in consultation with the ,marine ,mammal ,commission1 shall produce for stocks1 populations1 or species1 as the ,under ,secretary determines appropriate1 of migratory whales within waters under the jurisdiction of the ,united ,states-- 7,a7 distribution maps of high accuracy and spatial and temporal resolution2 and 7,b7 predictive distribution maps of high accuracy and spatial and temporal resolution that take into account expected future environmental conditions4 7#b7 ,duties ,in carrying out paragraph 7#a71 the ,under ,secretary-- 7,a7 shall-- 7i7 use the best scientific information available2 7ii7 conduct or support research to identify and fill knowledge gaps1 which may include-- 7,i7 developing novel sources of data1 such as passive acoustic monitoring1 detection through satellite or drone imagery1 and other on-water asset-based sensors2 and 7,,ii7 developing innovative methodologies-- 7aa7 to combine different sources of migratory whale detection data2 or 7bb7 to improve migratory whale distribution and habitat modeling2 7iii7 include in each map produced under such paragraph1 as applicable-- 7,i7 calving grounds2 7,,ii7 mating grounds2 7,,iii7 feeding grounds2 7,,iv7 migration routes2 and 7,v7 other habitat uses2 7iv7 as needed1 use novel sources of data described in clause 7ii77,i7 in addition to current sources of data1 such as visual detection of migratory whales using aerial- and vessel-based surveys2 7v7 make each map produced under such paragraph available-- 7,i7 through-- 7aa7 electronic and machine readable formats that can be integrated into on-board vessel navigation systems1 including-- 7,,aa7 electronic navigational products of the ,national ,oceanic and ,atmospheric ,administration1 as appropriate2 7,,bb7 an online platform for the general public2 and 7,,cc7 in coordination with the ,commandant of the ,coast ,guard1 carriage requirements set by the ,commandant of the ,coast ,guard for commercial or recreational vessels2 7bb7 in coordination with the ,commandant of the ,coast ,guard1 other formats not specified under item 7aa7 that may be required in carriage requirements set by the ,commandant of the ,coast ,guard for commercial or recreational vessels1 as appropriate2 and 7cc7 other formats the ,under ,secretary determines appropriate2 and 7,,ii7 to other entities that produce products or publications included in the carriage requirements set by the ,commandant of the ,coast ,guard for commercial or recreational vessels1 as appropriate2 and 7vi7 require the heads of the ,national ,oceanic and ,atmospheric ,administration line offices to coordinate the work of such offices1 as needed2 and 7,b7 may1 in consultation with the ,marine ,mammal ,commission and non-,federal stakeholders1 including ,state and local governments1 research institutions1 industry groups1 and nongovernmental organizations1 determine-- 7i7 which stocks1 populations1 or species of migratory whales to prioritize under paragraph 7#a72 and 7ii7 whether to prioritize the collection and aggregation of new data or the processing1 analysis1 aggregation1 and modeling of existing data4 7#c7 ,review ,not later than #c years after the date of the enactment of this subsection and triennially thereafter1 the ,under ,secretary shall1 in consultation with the ,marine ,mammal ,commission and non-,federal stakeholders1 including ,state and local governments1 research institutions1 industry groups1 and nongovernmental organizations1 carry out a review regarding whether the ,under ,secretary should update any map produced under paragraph 7#a7 or produce any new map under paragraph 7#a74 7d7 ,understudied species surveys 7#a7 ,in general ,the ,under ,secretary1 in consultation with the ,marine ,mammal ,commission1 shall conduct surveys specific to understudied stocks1 populations1 or species1 as the ,under ,secretary determines appropriate1 of migratory whales within waters under the jurisdiction of the ,united ,states to estimate the abundance and distribution of each such stock1 population1 or species4 7#b7 ,duties ,in carrying out paragraph 7#a71 the ,under ,secretary-- 7,a7 shall-- 7i7 identify in each survey conducted under such paragraph1 as applicable1 potential-- 7,i7 calving grounds2 7,,ii7 mating grounds2 7,,iii7 feeding grounds2 7,,iv7 migration routes2 and 7,v7 other habitat uses2 7ii7 indicate in each such survey the degree of scientific certainty associated with the identification of each area described in subclauses 7,i7 through 7,v7 of clause 7i72 and 7iii7 as needed1 use current and novel sources of data2 and 7,b7 may-- 7i7 as the ,under ,secretary determines appropriate1 collect opportunistic data on other marine species2 and 7ii7 determine1 in consultation with the ,marine ,mammal ,commission and non-,federal stakeholders1 including ,state and local governments1 research institutions1 industry groups1 and nongovernmental organizations1 which stocks1 populations1 or species of migratory whales to prioritize under paragraph 7#a74 7e7 ,grant program for detection technologies 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this subsection1 the ,under ,secretary shall establish a competitive grant program to award amounts1 on an annual basis1 to eligible entities for the eligible uses described in paragraph 7#e74 7#b7 ,administration ,the ,under ,secretary shall enter into a cooperative agreement with the ,foundation pursuant to the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq47 for the ,foundation to manage and administer the grant program4 7#c7 ,applications ,to be eligible for a grant pursuant to this subsection1 an eligible entity shall submit to the ,foundation an application in such form1 at such time1 and containing such information as the ,foundation determines appropriate4 7#d7 ,funding 7,a7 ,in general ,after the ,under ,secretary enters into a cooperative agreement with the ,foundation under paragraph 7#b7-- 7i7 for each fiscal year1 the ,under ,secretary shall provide to the ,foundation the amounts made available under this section in an advance payment of the entire amount on ,october #a1 or as soon as practicable thereafter1 of each such fiscal year2 and 7ii7 the ,foundation shall invest and reinvest excess such amounts for the benefit of the grant program4 7,b7 ,application of national fish and wildlife foundation establishment act ,amounts received by the ,foundation under this subsection shall be subject to the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 except for section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 7#e7 ,eligible uses ,funds made available for award under this subsection may be spent to develop1 assess1 and carry out activities that reduce lethal and sub-lethal interactions between ocean users and migratory whales and other large cetaceans1 including-- 7,a7 funding research to develop1 deploy1 or test innovative detection technologies that reduce or eliminate harmful interactions between ocean users and migratory whales and other large cetaceans2 7,b7 efforts to enhance awareness of existing management measures for migratory whales and other large cetaceans2 7,c7 developing on-the-water approaches to support the coexistence of ocean users and migratory whales and other large cetacean species2 7,d7 funding the expansion of infrastructure and capacity to disseminate management and other relevant information that reduces harmful interactions between ocean users and migratory whales and other large cetaceans1 especially such interactions that can lead to lethal or sub-lethal injury2 and 7,e7 other uses the ,foundation1 in consultation with the ,under ,secretary and relevant eligible entities1 determines appropriate4 7#f7 ,priority ,in awarding grants under this subsection1 the ,foundation shall give priority to applications-- 7,a7 with a substantial likelihood of reducing lethal and sub-lethal interactions between ocean users and migratory whales and other large cetaceans2 7,b7 that include cooperation among ocean users2 and 7,c7 that demonstrate1 or have the potential to provide1 economic benefits to small businesses reliant upon fishing1 tourism1 and maritime-related activities based in the ,united ,states4 7#g7 ,prohibited use 7,a7 ,in general ,an eligible entity that is awarded a grant under this subsection may not use such grant to distribute resources to an entity or individual that is not a ,united ,states person1 except as provided in subparagraph 7,b74 7,b7 ,exception ,an eligible entity that is awarded a grant under this subsection 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 person4 4 7#aa7 in subsection 7k71 as so redesignated1 to read as follows3 7k7 ,funding 7#a7 ,in general ,there are authorized to be appropriated to the ,under ,secretary for each of fiscal years #bjbf through #bjcj-- 7,a7 to carry out subsection 7c71 #b1jjj1jjj2 7,b7 to carry out subsection 7d71 #a1jjj1jjj2 and 7,c7 to carry out subsection 7f71 #e1jjj1jjj4 7#b7 ,grant program ,there are authorized to be appropriated to the ,under ,secretary to carry out subsection 7e71 #aj1jjj1jjj to remain available until expended4 7#c7 ,administrative expenses ,each fiscal year1 of the amounts made available to carry out subsection 7e71 the ,foundation may use not more than #e percent or #hj1jjj1 whichever is greater1 of such amounts for administrative expenses4 2 and 7#ab7 by adding at the end the following3 7l7 ,report ,not later than #b years after the date of the enactment of this subsection1 and every #c years thereafter1 the ,under ,secretary1 in consultation with the ,marine ,mammal ,commission1 shall submit to ,congress and make available to the public a report regarding-- 7#a7 activities carried out under subsections 7c7 and 7d72 7#b7 knowledge gaps identified in carrying out subsection 7c72 7#c7 progress made in filling knowledge gaps identified in carrying out subsection 7c72 and 7#d7 the results and effectiveness of projects carried out with a grant awarded under the grant program4 7m7 ,construction with other laws 7#a7 ,in general ,the ,under ,secretary shall carry out this section notwithstanding any planning or ongoing actions1 including rulemakings1 under any other provision of law4 7#b7 ,rules of construction ,nothing in this section may be construed to-- 7,a7 affect the authority or duty of the ,under ,secretary to issue timely regulations under any provision of law2 or 7,b7 allow the ,under ,secretary to delay any action1 order1 or rulemaking process under any provision of law4 7n7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 regional1 local1 or ,tribal government2 7,b7 a non-profit organization or research institution with expertise in monitoring or detecting migratory whales or other large cetaceans2 7,c7 any individual or entity the ,under ,secretary and the ,foundation jointly determine appropriate1 including ocean users in the fishing1 tourism1 fishing tackle manufacturing1 boating1 shipping1 marine electronics1 ship piloting1 vessel towing1 and other maritime sectors2 and 7,d7 a consortium of #b or more entities described in any of subparagraphs 7,a7 through 7,c74 7#b7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation4 7#c7 ,grant program ,the term grant program means the grant program established under subsection 7e77#a74 7#d7 ,marine mammal commission ,the term ,marine ,mammal ,commission means the ,marine ,mammal ,commission established by section #bja7;a7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #adja7;a774 7#e7 ,migratory whale ,the term migratory whale means all species within either-- 7,a7 the suborder ,mysticeti2 or 7,b7 the genus ,physeter4 7#f7 ,pilot project ,the term pilot project means the pilot monitoring and mitigation project established under subsection 7f77#d77;,a74 7#g7 ,program ,the term ,program means the program established under subsection 7a74 7#h7 ,subprogram ,the term ,subprogram means the subprogram established under subsection 7f77#a74 7#i7 ,united states person ,the term ,united ,states person has the meaning given the term in section #ggja7;a77#c7 of the ,internal ,revenue ,code of #aihf4 7#aj7 ,waters under the jurisdiction of the united states ,the term waters under the jurisdiction of the ,united ,states has the meaning given the term in section #c of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfb74 4 7b7 ,marine mammal stock assessment requirement ,section #aag of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achf7 is amended by adding at the end the following3 7f7 ,use of certain distribution maps ,in preparing1 publishing1 or reviewing a stock assessment under this section1 the ,secretary shall consider each applicable distribution map produced under section #aacjc7;c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7#af ,u4,s4,c4 #acia7;c774 4