16 U.S.C. § 1421f — National Marine Mammal Tissue Bank

Page 1836 TITLE 16—CONSERVATION § 1421e § 1421e. Liability (a) In general A person who is authorized to respond to a stranding or entanglement pursuant to an agree- ment entered into under section 1382(c) of this title is deemed to be an employee of the Govern- ment for purposes of chapter 171 of title 28, with respect to actions of the person that are— (1) in accordance with the agreement; and (2) in the case of an unusual mortality event, in accordance with— (A) the contingency plan issued under sec- tion 1421c(b) of this title; (B) the instructions of an Onsite Coordi- nator designated under section 1421c(c) of this title; or (C) the best professional judgment of an Onsite Coordinator, in the case of any mat- ter that is not covered by the contingency plan. (b) Limitation Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful mis- conduct. (Pub. L. 92–522, title IV, § 406, formerly title III, § 306, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 406, and amended Pub. L. 103–238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566; Pub. L. 117–263, div. J, title CIV, § 10404, Dec. 23, 2022, 136 Stat. 3984.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, in introductory pro- visions, inserted ‘‘or entanglement’’ after ‘‘to a strand- ing’’ and substituted ‘‘Government’’ for ‘‘government’’. 1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of cor- responding section of original act. § 1421f. National Marine Mammal Tissue Bank and tissue analysis (a) Tissue Bank (1) In general The Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the ‘‘National Marine Mammal Tis- sue Bank’’. (2) Guidance for marine mammal tissue collec- tion, preparation, and archiving The Secretary shall, in consultation with in- dividuals with knowledge and expertise in ma- rine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and com- ment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding— (A) appropriate and uniform methods and standards for those activities to provide con- fidence in marine mammal tissue samples used for research; and (B) documentation of procedures used for collecting, preparing, and archiving those samples. (3) Source of tissue In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including— (A) samples from marine mammals taken incidental to commercial fishing operations; (B) samples from marine mammals taken for subsistence purposes; (C) biopsy samples; and (D) any other samples properly collected. (b) Tissue analysis The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mam- mal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue sam- ples (by use of the most effective and advanced diagnostic technologies and tools practicable) as a means to monitor and measure overall health trends in representative species or populations of marine mammals, including— (1) the levels of, and if possible, the effects of, potentially harmful contaminants; and (2) the frequency of, and if possible, the causes and effects of abnormal lesions or anomalies. (c) Data base (1) In general The Secretary shall maintain a central data base which provides an effective means for tracking and accessing data on marine mam- mals, including relevant data on marine mam- mal tissues collected for and maintained in the Tissue Bank. (2) Contents The data base established under this sub- section shall include— (A) reference data on marine mammal health and mortality and the health of popu- lations of marine mammals; and (B) data on species of marine mammals that are subject to unusual mortality events. (d) Access The Secretary shall, in consultation with the Secretary of the Interior, establish criteria, after an opportunity for public review and com- ment, for public access to— (1) marine mammal tissues in the Tissue Bank; (2) analyses conducted pursuant to sub- section (b); and (3) marine mammal data in the data base maintained under subsection (c); which provide for appropriate uses of the tis- sues, analyses, and data by qualified scientists, including stranding network participants. (Pub. L. 92–522, title IV, § 407, formerly title III, § 307, as added Pub. L. 102–587, title III, § 3003(a), Page 1837 TITLE 16—CONSERVATION § 1421f–1 Nov. 4, 1992, 106 Stat. 5065; renumbered title IV, § 407, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, § 10405, Dec. 23, 2022, 136 Stat. 3984.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(2)(A). Pub. L. 117–263, § 10405(1), sub- stituted ‘‘marine mammal health and mortality and the health of’’ for ‘‘the health of marine mammals and’’. Subsec. (d). Pub. L. 117–263, § 10405(2), inserted ‘‘pub- lic’’ before ‘‘access’’ in introductory provisions. § 1421f–1. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund (a) Definitions In this section: (1) Emergency assistance (A) In general The term ‘‘emergency assistance’’ means— (i) financial assistance provided to re- spond 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 rehabili- tation that is greater than the usual cost of a response, recovery, or rehabilita- tion; (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 re- spond 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 appli- cable Secretary, a State, territorial, or Tribal Government considers to be an emergency. (B) Exclusions The term ‘‘emergency assistance’’ does not include financial assistance to respond to an unusual mortality event. (2) Secretary The term ‘‘Secretary’’ has the meaning given that term in section 1362(12)(A) of this title. (3) Stranding region The term ‘‘stranding region’’ means a geo- graphic region designated by the applicable Secretary for purposes of administration of this subchapter. (b) John H. Prescott Marine Mammal Rescue and Response Grant Program (1) In general The applicable Secretary shall carry out a grant program, to be known as the ‘‘John H. Prescott Marine Mammal Rescue and Re- sponse Grant Program’’ (referred to in this section as the ‘‘grant program’’), to award grants to eligible stranding network partici- pants or stranding network collaborators, as described in this subsection. (2) Purposes The 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 di- rectly related to activities described in sub- paragraph (A), (B), or (C); and (E) development of stranding network ca- pacity, including training for emergency re- sponse, where facilities do not exist or are sparse. (3) Contract, grant, and cooperative agreement authority (A) In general The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network partici- pant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2). (B) Emergency award flexibility Following 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 cooper- ative agreement entered into under this paragraph, including provisions con- cerning the period of performance; or (ii) waive the requirements under sub- section (f) for grant applications sub- mitted during the provision of emergency assistance. (4) Equitable distribution of funds (A) In general The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions. (B) Considerations In determining priorities among the stranding regions under this paragraph, the Secretary may consider— (i) equitable distribution within the stranding regions, including the sub- regions (including, but not limited to, the Gulf of Mexico); (ii) any episodic stranding, entangle- ment, or mortality events, except for un- usual mortality events, that occurred in any stranding region in the preceding year; (iii) any data with respect to average an- nual stranding, entanglements, and mor- tality events per stranding region; (iv) the size of the marine mammal popu- lations inhabiting a stranding region; (v) the importance of the region’s marine mammal populations to the well-being of indigenous communities; and