16 USC 1393 - Conservation and mitigation assistance

1 See References in Text note below.

referred to as the “Under Secretary”) shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and suspan-lethal effects of human activities on North Atlantic right whales.

Editorial Notes

References in Text

This title, referred to in subsec. (a)(1), (3), means title II of div. JJ of Puspan. L. 117–328, which enacted this section and provisions set out as notes under this section. For complete classification of title II to the Code, see Tables.

The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Puspan. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Marine Mammal Protection Act of 1972, referred to in subsec. (a)(2), is Puspan. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.

The National Fish and Wildlife Foundation Establishment Act, referred to in subsec. (a)(3), is Puspan. L. 98–244, Mar. 26, 1984, 98 Stat. 107, which is classified generally to chapter 57 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title.

Codification

Section was enacted as part of the Consolidated Appropriations Act, 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Report to Congress

Puspan. L. 117–328, div. JJ, title II, § 202, Dec. 29, 2022, 136 Stat. 6092, provided that:

“Not later than 2 years after the date of enactment of this Act [Dec. 29, 2022], and every 5 years thereafter, the Under Secretary [of Commerce for Oceans and Atmosphere] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the results and effectiveness of projects receiving assistance provided under this title [enacting this section and provisions set out as notes under this section].”

Acceptance and Use of Donations

Puspan. L. 117–328, div. JJ, title II, § 203(span), Dec. 29, 2022, 136 Stat. 6092, provided that:

“The Under Secretary [of Commerce for Oceans and Atmosphere] may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, consistent with policy of the Department of Commerce in effect on the date of enactment of this Act [Dec. 29, 2022], to provide assistance under section 201 [16 U.S.C. 1393].”