---
kind: "section"
citation: "16 U.S.C. § 1421f–1"
title: "16"
title_heading: "Conservation"
number: "1421f–1"
heading: "Marine Mammal Rescue and Response Grant Program and Rapid Response Fund"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1421f-1"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter V — Marine Mammal Health and Stranding Response"
---

# §1421f–1. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund

- (a) **Definitions—** In this section:
  - (1) **Emergency assistance—**
    - (A) **In general—** The term “emergency assistance” means—
      - (i) financial assistance provided to respond to, or that results from, a [stranding](/usc/16/1421h.md?p=6) event or [entanglement](/usc/16/1421h.md?p=1) event that—
        - (I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;
        - (II) is cyclical or endemic; or
        - (III) involves a [marine mammal](/usc/16/1362.md?p=6) that is out of the normal range for that [marine mammal](/usc/16/1362.md?p=6); or
      - (ii) financial assistance provided to respond to, or that results from, a [stranding](/usc/16/1421h.md?p=6) event or an [entanglement](/usc/16/1421h.md?p=1) event that—
        - (I) the applicable [Secretary](/usc/16/1362.md?p=12-A) considers to be an emergency; or
        - (II) with the concurrence of the applicable [Secretary](/usc/16/1362.md?p=12-A), a [State](/usc/16/590q.md?p=a), territorial, or Tribal Government considers to be an emergency.
    - (B) **Exclusions—** The term “emergency assistance” does not include financial assistance to respond to an [unusual mortality event](/usc/16/1421h.md?p=9).
  - (2) **Secretary—** The term “[Secretary](/usc/16/1362.md?p=12-A)” has the meaning given that term in [section 1362(12)(A) of this title](/usc/16/1362.md?p=12-A).
  - (3) **Stranding region—** The term “[stranding](/usc/16/1421h.md?p=6) region” means a geographic region designated by the applicable [Secretary](/usc/16/1362.md?p=12-A) for purposes of administration of this subchapter.
- (b) **John H. Prescott Marine Mammal Rescue and Response Grant Program—**
  - (1) **In general—** The applicable [Secretary](/usc/16/1362.md?p=12-A) shall carry out a grant program, to be known as the “John H. Prescott [Marine Mammal](/usc/16/1362.md?p=6) Rescue and Response Grant Program” (referred to in this section as the “grant program”), to award grants to eligible [stranding network participants](/usc/16/1421h.md?p=7) or [stranding](/usc/16/1421h.md?p=6) network collaborators, as described in this subsection.
  - (2) **Purposes—** The purposes of the grant program are to provide for—
    - (A) the recovery, care, or treatment of sick, injured, or entangled [marine mammals](/usc/16/1362.md?p=6);
    - (B) responses to [marine mammal](/usc/16/1362.md?p=6) [stranding](/usc/16/1421h.md?p=6) events that require emergency assistance;
    - (C) the collection of data and samples from living or dead stranded [marine mammals](/usc/16/1362.md?p=6) for scientific research or assessments regarding [marine mammal](/usc/16/1362.md?p=6) health;
    - (D) facility operating costs that are directly related to activities described in subparagraph [(A)](#b-2-A), [(B)](#b-2-B), or [(C)](#b-2-C); and
    - (E) development of [stranding](/usc/16/1421h.md?p=6) network capacity, including training for emergency response, where facilities do not exist or are sparse.
  - (3) **Contract, grant, and cooperative agreement authority—**
    - (A) **In general—** The applicable [Secretary](/usc/16/1362.md?p=12-A) may enter into a contract, grant, or cooperative agreement with any eligible [stranding network participant](/usc/16/1421h.md?p=7) or [stranding](/usc/16/1421h.md?p=6) network collaborator, as the [Secretary](/usc/16/1362.md?p=12-A) determines to be appropriate, for the purposes described in [paragraph (2)](#b-2).
    - (B) **Emergency award flexibility—** Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable [Secretary](/usc/16/1362.md?p=12-A) may—
      - (i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or
      - (ii) waive the requirements under [subsection (f)](#f) for grant applications submitted during the provision of emergency assistance.
  - (4) **Equitable distribution of funds—**
    - (A) **In general—** The [Secretary](/usc/16/1362.md?p=12-A) shall ensure, to the extent practicable, that [funds](/usc/16/1421h.md?p=2) awarded under the grant program are distributed equitably among the [stranding](/usc/16/1421h.md?p=6) regions.
    - (B) **Considerations—** In determining priorities among the [stranding](/usc/16/1421h.md?p=6) regions under this paragraph, the [Secretary](/usc/16/1362.md?p=12-A) may consider—
      - (i) equitable distribution within the [stranding](/usc/16/1421h.md?p=6) regions, including the subregions (including, but not limited to, the Gulf of Mexico);
      - (ii) any episodic [stranding](/usc/16/1421h.md?p=6), [entanglement](/usc/16/1421h.md?p=1), or mortality events, except for [unusual mortality events](/usc/16/1421h.md?p=9), that occurred in any [stranding](/usc/16/1421h.md?p=6) region in the preceding year;
      - (iii) any data with respect to average annual [stranding](/usc/16/1421h.md?p=6), [entanglements](/usc/16/1421h.md?p=1), and mortality events per [stranding](/usc/16/1421h.md?p=6) region;
      - (iv) the size of the [marine mammal](/usc/16/1362.md?p=6) populations inhabiting a [stranding](/usc/16/1421h.md?p=6) region;
      - (v) the importance of the region’s [marine mammal](/usc/16/1362.md?p=6) populations to the well-being of indigenous communities; and
      - (vi) the [conservation](/usc/16/1362.md?p=2) of protected, [depleted](/usc/16/1362.md?p=1), threatened, or endangered [marine mammal](/usc/16/1362.md?p=6) species.
    - (C) **Strandings—** For the purposes of this program, priority is to be given to applications focusing on [marine mammal](/usc/16/1362.md?p=6) [strandings](/usc/16/1421h.md?p=6).
  - (5) **Application—** To be eligible for a grant under the grant program, a [stranding network participant](/usc/16/1421h.md?p=7) shall—
    - (A) submit an application in such form and manner as the applicable [Secretary](/usc/16/1362.md?p=12-A) prescribes; and
    - (B) be in compliance with the data reporting requirements under [section 1421a(d) of this title](/usc/16/1421a.md?p=d) and any applicable reporting requirements of the [United States](/usc/16/1362.md?p=14) [Fish and Wildlife](/usc/16/3102.md?p=17) Service for species under its [management](/usc/16/1362.md?p=2) jurisdiction.
  - (6) **Grant criteria—** The [Secretary](/usc/16/1362.md?p=12-A) shall, in consultation with the [Marine Mammal](/usc/16/1362.md?p=6) [Commission](/usc/16/544.md?p=c), a representative from each of the [stranding](/usc/16/1421h.md?p=6) regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine [conservation](/usc/16/1362.md?p=2), and forensic science with respect to stranded [marine mammals](/usc/16/1362.md?p=6) under that Department’s jurisdiction, develop criteria for awarding grants under their respective grant programs.
  - (7) **Maximum grant amount—** No grant made under the grant program for a single award may exceed $150,000 in any 12-month period.
  - (8) **Administrative costs and expenses—** The [Secretary](/usc/16/1362.md?p=12-A)’s administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of—
    - (A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or
    - (B) $80,000.
  - (9) **Transparency—** The [Secretary](/usc/16/1362.md?p=12-A) shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection.
- (c) **Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund—**
  - (1) **In general—** There is established in the Treasury of the [United States](/usc/16/1362.md?p=14) an interest-bearing [fund](/usc/16/1421h.md?p=2), to be known as the “Joseph R. Geraci [Marine Mammal](/usc/16/1362.md?p=6) Rescue and Rapid Response [Fund](/usc/16/1421h.md?p=2)” (referred to in this section as the “Rapid Response [Fund](/usc/16/1421h.md?p=2)”).
  - (2) **Use of funds—** Amounts in the Rapid Response [Fund](/usc/16/1421h.md?p=2) shall be available only for use by the [Secretary](/usc/16/1362.md?p=12-A) to provide emergency assistance.
- (d) **Authorization of appropriations—**
  - (1) **In general—**
    - (A) **Authorization of appropriations—** There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2023 through 2028, to remain available until expended, of which for each fiscal year—
      - (i) $6,000,000 shall be made available to the [Secretary](/usc/16/1362.md?p=12-A) of Commerce; and
      - (ii) $1,000,000 shall be made available to the [Secretary](/usc/16/1362.md?p=12-A) of the Interior.
    - (B) **Derivation of funds—** [Funds](/usc/16/1421h.md?p=2) to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to [subparagraph (A)](#d-1-A) that are enacted after December 23, 2022.
  - (2) **Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund—** There is authorized to be appropriated to the Rapid Response [Fund](/usc/16/1421h.md?p=2) $500,000 for each of fiscal years 2023 through 2028.
- (e) **Acceptance of donations—**
  - (1) **In general—** For the purposes of carrying out this section, the [Secretary](/usc/16/1362.md?p=12-A) may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.
  - (2) **Monetary donations—** A monetary gift, devise, or bequest accepted by the [Secretary](/usc/16/1362.md?p=12-A) under [paragraph (1)](#e-1) shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or [fund](/usc/16/1421h.md?p=2) of the Department of Commerce and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts.
- (f) **Matching requirement—**
  - (1) **In general—** The non-Federal share of a [project](/usc/16/410r–5.md?p=c-4) conducted with [funds](/usc/16/1421h.md?p=2) awarded under the grant program under this section shall be not less than 25 percent of such [project](/usc/16/410r–5.md?p=c-4).
  - (2) **In-kind contributions—** The [Secretary](/usc/16/1362.md?p=12-A) may apply to the non-Federal share of a [project](/usc/16/410r–5.md?p=c-4) conducted with a grant under this section the amount of [funds](/usc/16/1421h.md?p=2), and the fair market value of property and services, provided by non-Federal sources and used for the [project](/usc/16/410r–5.md?p=c-4).

## Source credit

(Pub. L. 92–522, title IV, § 408, as added Pub. L. 106–555, title II, § 202(a)(2), Dec. 21, 2000, 114 Stat. 2767; amended Pub. L. 117–263, div. J, title CIV, § 10406(a), (b), Dec. 23, 2022, 136 Stat. 3984, 3987.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 408 of Pub. L. 92–522 was renumbered section 409, and is classified to section 1421g of this title.

### Amendments

2022—Pub. L. 117–263, § 10406(a)(1), substituted “Marine Mammal Rescue and Response Grant Program and Rapid Response Fund” for “John H. Prescott Marine Mammal Rescue Assistance Grant Program” in section catchline.

Subsecs. (a) to (d). Pub. L. 117–263, § 10406(a)(2), (4), added subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which related to authorization of the John H. Prescott Marine Mammal Rescue Assistance Grant Program, grant applications, required consultations, and limitation of the grant amount, respectively.

Subsec. (e). Pub. L. 117–263, § 10406(a)(4), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 117–263, § 10406(a)(2), (3), redesignated subsec. (e) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this section.”

Subsec. (f)(1). Pub. L. 117–263, § 10406(b)(1), substituted “a project conducted with funds awarded under the grant program under this section shall be not less than 25 percent of such project” for “the costs of an activity conducted with a grant under this section shall be 25 percent of such costs”.

Subsec. (f)(2). Pub. L. 117–263, § 10406(b)(2), substituted “a project” for “an activity” and “the project” for “the activity”.

Subsecs. (g), (h). Pub. L. 117–263, § 10406(a)(2), struck out subsecs. (g) and (h) which defined “designated stranding region” and “Secretary” and authorized appropriations for fiscal years 2001 through 2003, respectively.