16 U.S.C. § 1421d — Unusual mortality event activity funding

Page 1835 TITLE 16—CONSERVATION § 1421d 1 So in original. The ‘‘; and’’ probably should be a period. the affected populations of marine mam- mals; and (iv) identify any roles played in an un- usual mortality event by physical, chem- ical, and biological factors, including con- taminants. (c) Onsite coordinators (1) Designation (A) The Secretary shall, in consultation with the Secretary of the Interior, designate one or more Onsite Coordinators for an un- usual mortality event, who shall make imme- diate recommendations to the stranding net- work participants on how to proceed with re- sponse activities. (B) An Onsite Coordinator so designated shall be one or more appropriate Regional Di- rectors of the National Marine Fisheries Serv- ice or the United States Fish and Wildlife Service, or their designees. (C) If, because of the wide geographic dis- tribution, multiple species of marine mam- mals involved, or magnitude of an unusual mortality event, more than one Onsite Coordi- nator is designated, the Secretary shall, in consultation with the Secretary of the Inte- rior, designate which of the Onsite Coordina- tors shall have primary responsibility with re- spect to the event. (2) Functions (A) An Onsite Coordinator designated under this subsection shall coordinate and direct the activities of all persons responding to an un- usual mortality event in accordance with the contingency plan issued under subsection (b), except that— (i) with respect to any matter that is not covered by the contingency plan, an Onsite Coordinator shall use his or her best profes- sional judgment; and (ii) the contingency plan may be tempo- rarily modified by an Onsite Coordinator, consulting as expeditiously as possible with the Secretary, the Secretary of the Interior, and the unusual mortality event working group. (B) An Onsite Coordinator may delegate to any qualified person authority to act as an On- site Coordinator under this subchapter. (Pub. L. 92–522, title IV, § 404, formerly title III, § 304, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5062; renumbered title IV, § 404, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–286, § 4(a)(111), Dec. 27, 2022, 136 Stat. 4317.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1)(B). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 App. U.S.C.)’’. § 1421d. Unusual mortality event activity funding (a) Establishment of Fund There is established in the Treasury an inter- est bearing fund to be known as the ‘‘Marine Mammal Unusual Mortality Event Fund’’, which shall consist of amounts deposited into the Fund under subsection (c). (b) Uses Amounts in the Fund shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure— (1) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of an Onsite Coordinator for an un- usual mortality event designated under sec- tion 1421c(a)(2)(B)(iii) of this title; (2) for reimbursing any stranding network participant for costs incurred in the collec- tion, preparation, analysis, and transportation of marine mammal tissues and samples col- lected with respect to an unusual mortality event for the Tissue Bank; and (3) for the care and maintenance of a marine mammal seized under section 1374(c)(2)(D) of this title; and 1 (c) Deposits into Fund There shall be deposited into the Fund— (1) amounts appropriated to the Fund; (2) other amounts appropriated to the Sec- retary for use with respect to unusual mor- tality events; and (3) amounts received by the United States in the form of gifts, devises, and bequests under subsection (d). (d) Acceptance of donations For purposes of carrying out this subchapter and section 1374(c)(2)(D) of this title, the Sec- retary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and be- quests. (Pub. L. 92–522, title IV, § 405, formerly title III, § 305, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 405, and amended Pub. L. 103–238, §§ 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat. 542, 559, 565, 566; Pub. L. 117–263, div. J, title CIV, § 10403, Dec. 23, 2022, 136 Stat. 3983.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to uses of amounts in the Marine Mammal Unusual Mor- tality Event Fund and payment of pending claims. 1994—Subsec. (a). Pub. L. 103–238, § 16(b), substituted ‘‘an interest bearing fund’’ for ‘‘a fund’’. Subsec. (b)(1)(A)(i). Pub. L. 103–238, § 24(c)(2), made technical amendment to reference to section 1421c(b) of this title to reflect renumbering of corresponding sec- tion of original act. Subsec. (b)(1)(A)(iii). Pub. L. 103–238, § 6(1), added cl. (iii). Subsec. (d). Pub. L. 103–238, § 6(2), inserted ‘‘and sec- tion 1374(c)(2)(D) of this title’’. 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),