View all text of Subchapter V [§ 1421 - § 1421h]
§ 1421f–1. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund
(a) DefinitionsIn this section:
(1) Emergency assistance
(A) In generalThe term “emergency assistance” means—
(i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that—(I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;(II) is cyclical or endemic; or(III) involves a marine mammal that is out of the normal range for that marine mammal; or
(ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that—(I) the applicable Secretary considers to be an emergency; or(II) with the concurrence of the applicable Secretary, a State, territorial, or Tribal Government considers to be an emergency.
(B) Exclusions
(2) Secretary
(3) Stranding region
(b) John H. Prescott Marine Mammal Rescue and Response Grant Program
(1) In general
(2) PurposesThe purposes of the grant program are to provide for—
(A) the recovery, care, or treatment of sick, injured, or entangled marine mammals;
(B) responses to marine mammal stranding events that require emergency assistance;
(C) the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health;
(D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and
(E) development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse.
(3) Contract, grant, and cooperative agreement authority
(A) In general
(B) Emergency award flexibilityFollowing a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may—
(i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or
(ii) waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance.
(4) Equitable distribution of funds
(A) In general
(B) ConsiderationsIn determining priorities among the stranding regions under this paragraph, the Secretary may consider—
(i) equitable distribution within the stranding regions, including the subregions (including, but not limited to, the Gulf of Mexico);
(ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year;
(iii) any data with respect to average annual stranding, entanglements, and mortality events per stranding region;
(iv) the size of the marine mammal populations inhabiting a stranding region;
(v) the importance of the region’s marine mammal populations to the well-being of indigenous communities; and
(vi) the conservation of protected, depleted, threatened, or endangered marine mammal species.
(C) Strandings
(5) ApplicationTo be eligible for a grant under the grant program, a stranding network participant shall—
(A) submit an application in such form and manner as the applicable Secretary prescribes; and
(B) be in compliance with the data reporting requirements under section 1421a(d) of this title and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction.
(6) Grant criteria
(7) Maximum grant amount
(8) Administrative costs and expensesThe Secretary’s administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of—
(A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or
(B) $80,000.
(9) Transparency
(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund
(1) In general
(2) Use of funds
(d) Authorization of appropriations
(1) In general
(A) Authorization of appropriationsThere is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2023 through 2028, to remain available until expended, of which for each fiscal year—
(i) $6,000,000 shall be made available to the Secretary of Commerce; and
(ii) $1,000,000 shall be made available to the Secretary of the Interior.
(B) Derivation of funds
(2) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund
(e) Acceptance of donations
(1) In general
(2) Monetary donations
(f) Matching requirement
(1) In general
(2) In-kind contributions
(Pub. L. 92–522, title IV, § 408, as added Pub. L. 106–555, title II, § 202(a)(2), Dec. 21, 2000, 114 Stat. 2767; amended Pub. L. 117–263, div. J, title CIV, § 10406(a), (b), Dec. 23, 2022, 136 Stat. 3984, 3987.)