16 U.S.C. § 1392 — Monitoring ocean soundscapes

Page 1820 TITLE 16—CONSERVATION § 1392 the Interior, and with input from affected stake- holders, shall develop and deploy mitigation protocols that make use of any monitoring sys- tem designed and deployed under this section to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious in- jury and mortality to North Atlantic right whales. (f) Access to data The Under Secretary shall provide access to data generated by any monitoring system de- signed and deployed under this section for pur- poses of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory Sys- tem of the National Oceanic and Atmospheric Administration and WhaleMap or other suc- cessor public website portals, subject to review for national security considerations. (g) Additional authority The Under Secretary may enter into and per- form such contracts, leases, grants, or coopera- tive agreements as may be necessary to carry out this section on such terms as the Under Sec- retary considers appropriate, consistent with the Federal Acquisition Regulation. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consulta- tion with the Under Secretary, determines that the activity would negatively impact the de- fense readiness or the national security of the United States. (i) Funding From funds otherwise appropriated to the Under Secretary $5,000,000 is authorized to sup- port development, deployment, application, and ongoing maintenance of the Program and to otherwise carry out this section for each of fis- cal years 2023 through 2027. (Pub. L. 117–263, div. K, title CXIII, § 11303, Dec. 23, 2022, 136 Stat. 4072.) Editorial Notes CODIFICATION Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘Secretary’’ as used in this section, see section 11002 of div. K of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard. For definitions of terms used in this section, see sec- tion 11301 of div. K of Pub. L. 117–263, set out as a note under section 1390 of this title. § 1392. Monitoring ocean soundscapes (a) In general The Under Secretary shall maintain and ex- pand an ocean soundscape development program to— (1) award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for pur- poses of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life; (2) continue to develop and apply standard- ized forms of measurements to assess sounds produced by marine animals, physical proc- esses, and anthropogenic activities; and (3) after coordinating with the Secretary of Defense, coordinate and make accessible to the public the datasets, modeling and anal- ysis, and user-driven products and tools result- ing from observations of underwater sound funded through grants awarded under para- graph (1). (b) Coordination The program described in subsection (a) shall— (1) include the Ocean Noise Reference Sta- tion Network of the National Oceanic and At- mospheric Administration and the National Park Service; (2) use and coordinate with the Integrated Ocean Observing System; and (3) coordinate with the Regional Ocean Part- nerships and the Director of the United States Fish and Wildlife Service, as appropriate. (c) Priority In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants. (d) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consulta- tion with the Under Secretary, determines that the activity would negatively impact the de- fense readiness or the national security of the United States. (e) Funding From funds otherwise appropriated to the Under Secretary, $1,500,000 is authorized for each of fiscal years 2023 through 2028 to carry out this section. (Pub. L. 117–263, div. K, title CXIII, § 11305, Dec. 23, 2022, 136 Stat. 4077.) Editorial Notes CODIFICATION Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 11301 of div. K of Pub. L. 117–263, set out as a note under section 1390 of this title. § 1393. Conservation and mitigation assistance (a) Assistance (1) In general Not later than 180 days after December 29, 2022, the Secretary of Commerce, acting