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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7332 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7332
To amend the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 to provide for a mapping, surveying, monitoring, and
mitigation program for migratory whales and other large cetaceans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Ms. Matsui (for herself, Ms. Malliotakis, Ms. Dexter, Mr. Buchanan, Ms.
Elfreth, Mr. Carter of Georgia, Ms. Bonamici, Mr. Rutherford, Mr.
Quigley, Mrs. Radewagen, Mr. Huffman, Ms. King-Hinds, Mr. Moulton, Mr.
Bilirakis, Mr. Krishnamoorthi, Mrs. Kiggans of Virginia, Ms. Brownley,
Mr. Fitzpatrick, Mr. Smith of Washington, Mr. Moylan, Mr. Suozzi, and
Ms. Mace) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 to provide for a mapping, surveying, monitoring, and
mitigation program for migratory whales and other large cetaceans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whale CHARTS Act of 2026''.
SEC. 2. MAPPING, SURVEYING, MONITORING, AND MITIGATION PROGRAM FOR
MIGRATORY WHALES AND OTHER LARGE CETACEANS.
(a) In General.--Section 11303 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (16 U.S.C. 1391) is
amended--
(1) in the heading, by striking ``NEAR REAL-TIME MONITORING
AND MITIGATION PROGRAM FOR'' and inserting ``MAPPING,
SURVEYING, MONITORING, AND MITIGATION PROGRAM FOR MIGRATORY
WHALES AND OTHER'';
(2) in subsection (a)--
(A) by striking ``near real-time monitoring'' and
inserting ``mapping, surveying, monitoring,'';
(B) by striking ``(referred to in this section as
the `Program')''; and
(C) by striking ``threatened or endangered'' and
inserting ``migratory whales and other large'';
(3) in subsection (b)--
(A) by inserting ``migratory whales and other''
before ``large cetaceans posed'';
(B) by inserting ``migratory whales and other''
before ``large cetaceans through''; and
(C) by striking ``the use of near real-time
location monitoring and location information'' and
inserting the following: ``increased and improved data
collection, including--
``(1) mapping and surveying of migratory whales;
``(2) monitoring of large cetaceans; and
``(3) the development of detection technologies for
migratory whales and other large cetaceans.'';
(4) by redesignating subsections (e) through (i) as
subsections (g) through (k), respectively;
(5) by redesignating subsection (c) as subsection (f);
(6) in subsection (f), as so redesignated--
(A) in the heading, by striking ``REQUIREMENTS''
and inserting ``NEAR REAL-TIME MONITORING AND
MITIGATION SUBPROGRAM FOR LARGE CETACEANS'';
(B) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively (and by
adjusting the margins of such subparagraphs
accordingly);
(C) by striking ``The Program'' and inserting the
following:
``(3) Requirements.--The Subprogram'';
(D) by inserting before paragraph (3), as so
redesignated, the following:
``(1) Establishment.--The Under Secretary, in coordination
with the heads of other relevant Federal agencies, shall design
and deploy a cost-effective, efficient, and results-oriented
near real-time monitoring and mitigation subprogram for
threatened or endangered cetaceans.
``(2) Purpose.--The purpose of the Subprogram shall be to
reduce the risk to large cetaceans posed by vessel collisions
and to minimize other impacts on large cetaceans through the
use of near real-time location monitoring and location
information.''; and
(E) in paragraph (3)(F), as so redesignated, by
striking ``subsection (d)'' and inserting ``paragraph
(4)'';
(7) in subsection (d)(4)(B)(ii)(II)(bb), to read as
follows:
``(bb) a strategic plan to
expand the pilot project to
provide near real-time
monitoring and mitigation
measures to additional large
cetaceans of concern for which
such measures would reduce risk
of serious injury or death and
in important feeding, breeding,
calving, rearing, or migratory
habitats of large cetaceans
that co-occur with areas of
high risk of mortality or
serious injury from vessel
strikes or disturbance;'';
(8) by redesignating subsection (d) as paragraph (4) of
subsection (f), as so redesignated (and by adjusting the margin
of paragraph (4) accordingly);
(9) in subsection (f)(4), as so redesignated--
(A) in the heading, by striking ``PILOT PROJECT''
and inserting ``PILOT PROJECT'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively (and by
redesignating any subdivisions under such subparagraphs
(as so redesignated) to include adjusting the margins
of such subparagraphs (and their subdivisions)
accordingly);
(C) by striking ``Program'' each place it appears
and inserting ``Subprogram'';
(D) in subparagraph (C), as so redesignated, by
striking ``paragraph (2)'' each place it appears and
inserting ``subparagraph (B)''; and
(E) in subparagraph (D)--
(i) in clause (i)(II), as so redesignated,
by striking ``clause (i)'' and inserting
``subclause (I)''; and
(ii) in clause (ii)(II)--
(I) by striking ``clause (i)'' and
inserting ``subclause (I)''; and
(II) in item (aa), by striking
``subparagraph (A)'' and inserting
``clause (i)'';
(10) by inserting after subsection (b) the following:
``(c) Distribution Mapping of Migratory Whales.--
``(1) In general.--The Under Secretary, in consultation
with the Marine Mammal Commission, shall produce for stocks,
populations, or species, as the Under Secretary determines
appropriate, of migratory whales within waters under the
jurisdiction of the United States--
``(A) distribution maps of high accuracy and
spatial and temporal resolution; and
``(B) predictive distribution maps of high accuracy
and spatial and temporal resolution that take into
account expected future environmental conditions.
``(2) Duties.--In carrying out paragraph (1), the Under
Secretary--
``(A) shall--
``(i) use the best scientific information
available;
``(ii) conduct or support research to
identify and fill knowledge gaps, which may
include--
``(I) developing novel sources of
data, such as passive acoustic
monitoring, detection through satellite
or drone imagery, and other on-water
asset-based sensors; and
``(II) developing innovative
methodologies--
``(aa) to combine different
sources of migratory whale
detection data; or
``(bb) to improve migratory
whale distribution and habitat
modeling;
``(iii) include in each map produced under
such paragraph, as applicable--
``(I) calving grounds;
``(II) mating grounds;
``(III) feeding grounds;
``(IV) migration routes; and
``(V) other habitat uses;
``(iv) as needed, use novel sources of data
described in clause (ii)(I) in addition to
current sources of data, such as visual
detection of migratory whales using aerial- and
vessel-based surveys;
``(v) make each map produced under such
paragraph available--
``(I) through--
``(aa) electronic and
machine readable formats that
can be integrated into on-board
vessel navigation systems,
including--
``(AA) electronic
navigational products
of the National Oceanic
and Atmospheric
Administration, as
appropriate;
``(BB) an online
platform for the
general public; and
``(CC) in
coordination with the
Commandant of the Coast
Guard, carriage
requirements set by the
Commandant of the Coast
Guard for commercial or
recreational vessels;
``(bb) in coordination with
the Commandant of the Coast
Guard, other formats not
specified under item (aa) that
may be required in carriage
requirements set by the
Commandant of the Coast Guard
for commercial or recreational
vessels, as appropriate; and
``(cc) other formats the
Under Secretary determines
appropriate; and
``(II) to other entities that
produce products or publications
included in the carriage requirements
set by the Commandant of the Coast
Guard for commercial or recreational
vessels, as appropriate; and
``(vi) require the heads of the National
Oceanic and Atmospheric Administration line
offices to coordinate the work of such offices,
as needed; and
``(B) may, in consultation with the Marine Mammal
Commission and non-Federal stakeholders, including
State and local governments, research institutions,
industry groups, and nongovernmental organizations,
determine--
``(i) which stocks, populations, or species
of migratory whales to prioritize under
paragraph (1); and
``(ii) whether to prioritize the collection
and aggregation of new data or the processing,
analysis, aggregation, and modeling of existing
data.
``(3) Review.--Not later than 3 years after the date of the
enactment of this subsection and triennially thereafter, the
Under Secretary shall, in consultation with the Marine Mammal
Commission and non-Federal stakeholders, including State and
local governments, research institutions, industry groups, and
nongovernmental organizations, carry out a review regarding
whether the Under Secretary should update any map produced
under paragraph (1) or produce any new map under paragraph (1).
``(d) Understudied Species Surveys.--
``(1) In general.--The Under Secretary, in consultation
with the Marine Mammal Commission, shall conduct surveys
specific to understudied stocks, populations, or species, as
the Under Secretary determines appropriate, of migratory whales
within waters under the jurisdiction of the United States to
estimate the abundance and distribution of each such stock,
population, or species.
``(2) Duties.--In carrying out paragraph (1), the Under
Secretary--
``(A) shall--
``(i) identify in each survey conducted
under such paragraph, as applicable,
potential--
``(I) calving grounds;
``(II) mating grounds;
``(III) feeding grounds;
``(IV) migration routes; and
``(V) other habitat uses;
``(ii) indicate in each such survey the
degree of scientific certainty associated with
the identification of each area described in
subclauses (I) through (V) of clause (i); and
``(iii) as needed, use current and novel
sources of data; and
``(B) may--
``(i) as the Under Secretary determines
appropriate, collect opportunistic data on
other marine species; and
``(ii) determine, in consultation with the
Marine Mammal Commission and non-Federal
stakeholders, including State and local
governments, research institutions, industry
groups, and nongovernmental organizations,
which stocks, populations, or species of
migratory whales to prioritize under paragraph
(1).
``(e) Grant Program for Detection Technologies.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Under Secretary shall
establish a competitive grant program to award amounts, on an
annual basis, to eligible entities for the eligible uses
described in paragraph (5).
``(2) Administration.--The Under 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 grant program.
``(3) Applications.--To be eligible for a grant pursuant to
this subsection, 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.
``(4) Funding.--
``(A) In general.--After the Under Secretary enters
into a cooperative agreement with the Foundation under
paragraph (2)--
``(i) for each fiscal year, the Under
Secretary shall provide to the Foundation the
amounts made available under this section in an
advance payment of the entire amount on October
1, or as soon as practicable thereafter, of
each such fiscal year; and
``(ii) the Foundation shall invest and
reinvest excess such amounts for the benefit of
the grant program.
``(B) Application of national fish and wildlife
foundation establishment act.--Amounts received by the
Foundation under this subsection 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)).
``(5) Eligible uses.--Funds made available for award under
this subsection may be spent to develop, assess, and carry out
activities that reduce lethal and sub-lethal interactions
between ocean users and migratory whales and other large
cetaceans, including--
``(A) funding research to develop, deploy, or test
innovative detection technologies that reduce or
eliminate harmful interactions between ocean users and
migratory whales and other large cetaceans;
``(B) efforts to enhance awareness of existing
management measures for migratory whales and other
large cetaceans;
``(C) developing on-the-water approaches to support
the coexistence of ocean users and migratory whales and
other large cetacean species;
``(D) funding the expansion of infrastructure and
capacity to disseminate management and other relevant
information that reduces harmful interactions between
ocean users and migratory whales and other large
cetaceans, especially such interactions that can lead
to lethal or sub-lethal injury; and
``(E) other uses the Foundation, in consultation
with the Under Secretary and relevant eligible
entities, determines appropriate.
``(6) Priority.--In awarding grants under this subsection,
the Foundation shall give priority to applications--
``(A) with a substantial likelihood of reducing
lethal and sub-lethal interactions between ocean users
and migratory whales and other large cetaceans;
``(B) that include cooperation among ocean users;
and
``(C) 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.
``(7) Prohibited use.--
``(A) In general.--An eligible entity that is
awarded a grant under this subsection may not use such
grant to distribute resources to an entity or
individual that is not a United States person, except
as provided in subparagraph (B).
``(B) Exception.--An eligible entity that is
awarded a grant under this subsection 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.''.
(11) in subsection (k), as so redesignated, to read as
follows:
``(k) Funding.--
``(1) In general.--There are authorized to be appropriated
to the Under Secretary for each of fiscal years 2026 through
2030--
``(A) to carry out subsection (c), $2,000,000;
``(B) to carry out subsection (d), $1,000,000; and
``(C) to carry out subsection (f), $5,000,000.
``(2) Grant program.--There are authorized to be
appropriated to the Under Secretary to carry out subsection
(e), $10,000,000 to remain available until expended.
``(3) Administrative expenses.--Each fiscal year, of the
amounts made available to carry out subsection (e), the
Foundation may use not more than 5 percent or $80,000,
whichever is greater, of such amounts for administrative
expenses.''; and
(12) by adding at the end the following:
``(l) Report.--Not later than 2 years after the date of the
enactment of this subsection, and every 3 years thereafter, the Under
Secretary, in consultation with the Marine Mammal Commission, shall
submit to Congress and make available to the public a report
regarding--
``(1) activities carried out under subsections (c) and (d);
``(2) knowledge gaps identified in carrying out subsection
(c);
``(3) progress made in filling knowledge gaps identified in
carrying out subsection (c); and
``(4) the results and effectiveness of projects carried out
with a grant awarded under the grant program.
``(m) Construction With Other Laws.--
``(1) In general.--The Under Secretary shall carry out this
section notwithstanding any planning or ongoing actions,
including rulemakings, under any other provision of law.
``(2) Rules of construction.--Nothing in this section may
be construed to--
``(A) affect the authority or duty of the Under
Secretary to issue timely regulations under any
provision of law; or
``(B) allow the Under Secretary to delay any
action, order, or rulemaking process under any
provision of law.
``(n) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State, regional, local, or Tribal
government;
``(B) a non-profit organization or research
institution with expertise in monitoring or detecting
migratory whales or other large cetaceans;
``(C) any individual or entity the Under 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; and
``(D) a consortium of 2 or more entities described
in any of subparagraphs (A) through (C).
``(2) Foundation.--The term `Foundation' means the National
Fish and Wildlife Foundation.
``(3) Grant program.--The term `grant program' means the
grant program established under subsection (e)(1).
``(4) Marine mammal commission.--The term `Marine Mammal
Commission' means the Marine Mammal Commission established by
section 201(a) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1401(a)).
``(5) Migratory whale.--The term `migratory whale' means
all species within either--
``(A) the suborder Mysticeti; or
``(B) the genus Physeter.
``(6) Pilot project.--The term `pilot project' means the
pilot monitoring and mitigation project established under
subsection (f)(4)(A).
``(7) Program.--The term `Program' means the program
established under subsection (a).
``(8) Subprogram.--The term `Subprogram' means the
subprogram established under subsection (f)(1).
``(9) United states person.--The term `United States
person' has the meaning given the term in section 7701(a)(3) of
the Internal Revenue Code of 1986.
``(10) Waters under the jurisdiction of the united
states.--The term `waters under the jurisdiction of the United
States' has the meaning given the term in section 3 of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1362).''.
(b) Marine Mammal Stock Assessment Requirement.--Section 117 of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1386) is amended by
adding at the end the following:
``(f) Use of Certain Distribution Maps.--In preparing, publishing,
or reviewing a stock assessment under this section, the Secretary shall
consider each applicable distribution map produced under section
11303(c) of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (16 U.S.C. 1391(c)).''.
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