H.R. 7332

[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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