S4948-118

2. North Atlantic right whale and other large cetacean species grant program 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). 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. 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. After the Secretary enters into a cooperative agreement with the Foundation under subsection (b)— 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 the Foundation shall invest and reinvest excess such amounts for the benefit of the Program. 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)). 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— 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; efforts to enhance awareness of existing North Atlantic right whale management measures and rules; developing on-the-water approaches to support the coexistence of ocean users and North Atlantic right whales and other large cetacean species; 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 other uses the Foundation, in consultation with the Secretary and relevant eligible entities, determines appropriate. In awarding grants under the Program, the Foundation shall give priority to applications— with a substantial likelihood of reducing lethal and sub-lethal interactions between ocean users and North Atlantic right whales and other large cetacean species; that include cooperation among ocean users; and 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. 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. 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. 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— projects carried out with a grant awarded under the Program; and work carried out pursuant to— section 201 of division JJ of the Consolidated Appropriations Act, 2023 (16 U.S.C. 1393); and section 11303 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (16 U.S.C. 1391). There is authorized to be appropriated to the Secretary to carry out this section $10,000,000, to remain available until expended. 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. In this section: The term eligible entity means— a State, regional, local, or Tribal government; 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; 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 a consortium of 2 or more entities described in any of subparagraphs (A) through (C). The term Foundation means the National Fish and Wildlife Foundation. The term Program means the program established under subsection (a). The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. The term United States person has the meaning given the term in section 7701(a)(30) of the Internal Revenue Code of 1986.