[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1006 Reported in Senate (RS)]
Calendar No. 881
110th CONGRESS
2d Session
H. R. 1006
[Report No. 110-421]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2007
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
July 15, 2008
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend the provisions of law relating to the John H. Prescott Marine
Mammal Rescue Assistance Grant Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Marine Mammal Rescue
Assistance Amendments of 2007''.</DELETED>
<DELETED>SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.</DELETED>
<DELETED> (a) Collection and Updating of Information.--Section
402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421a(b)(1)(A)) is amended by inserting ``or entangled'' after
``stranded''.</DELETED>
<DELETED> (b) Entanglement Response Agreements.--</DELETED>
<DELETED> (1) In general.--Section 403 of such Act (16
U.S.C. 1421b) is amended--</DELETED>
<DELETED> (A) by amending the section heading to
read as follows:</DELETED>
<DELETED>``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE
AGREEMENTS.'';</DELETED>
<DELETED> and</DELETED>
<DELETED> (B) in subsection (a) by inserting ``or
entanglement'' before the period.</DELETED>
<DELETED> (2) Clerical amendment.--The table of contents at
the end of the first section is amended by striking the item
relating to section 403 and inserting the following:</DELETED>
<DELETED>``Sec. 403. Stranding or entanglement response agreements.''.
<DELETED> (c) Liability.--Section 406(a) of such Act (16 U.S.C.
1421e(a)) is amended by inserting ``or entanglement'' after
``stranding''.</DELETED>
<DELETED> (d) Entanglement Defined.--</DELETED>
<DELETED> (1) In general.--Section 410 of such Act (16
U.S.C. 1421h) is amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (1)
through (6) in order as paragraphs (2) through (7);
and</DELETED>
<DELETED> (B) by inserting before paragraph (2) (as
so redesignated) the following:</DELETED>
<DELETED> ``(1) The term `entanglement' means an event in
the wild in which a living or dead marine mammal has gear,
rope, line, net, or other material wrapped around or attached
to it and is--</DELETED>
<DELETED> ``(A) on a beach or shore of the United
States; or</DELETED>
<DELETED> ``(B) in waters under the jurisdiction of
the United States.''.</DELETED>
<DELETED> (2) Conforming amendment.--Section 408(a)(2)(B)(i)
of such Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by
striking ``section 410(6)'' and inserting ``section
410(7)''.</DELETED>
<DELETED> (e) John H. Prescott Marine Mammal Rescue Assistance Grant
Program.--</DELETED>
<DELETED> (1) Authorization of appropriations for grant
program.--Section 408(h) of such Act (16 U.S.C. 1421f-1(h)) is
amended--</DELETED>
<DELETED> (A) by striking ``$5,000,000 for each of
fiscal years 2001 through 2003'' and inserting
``$7,000,000 for each of fiscal years 2007 through
2010''; and</DELETED>
<DELETED> (B) in paragraph (1) by striking
``$4,000,000'' and inserting ``$6,000,000''.</DELETED>
<DELETED> (2) Administrative costs and expenses.--Section
408 of such Act (16 U.S.C. 1421f-1) is amended--</DELETED>
<DELETED> (A) by adding at the end of subsection
(a)(1) the following: ``All funds available to
implement this section shall be distributed to eligible
stranding network participants for the purposes set
forth in this paragraph and paragraph (2), except as
provided in subsection (f).''; and</DELETED>
<DELETED> (B) by amending subsection (f) to read as
follows:</DELETED>
<DELETED> ``(f) Administrative Costs and Expenses.--Of the 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 costs and administrative expenses to implement the
grant program under subsection (a). Any such funds retained by the
Secretary for a fiscal year for such costs and expenses that are not
used for such costs and expenses before the end of the fiscal year
shall be provided as grants under subsection (a).''.</DELETED>
<DELETED> (3) Emergency assistance.--Section 408 of such Act
(16 U.S.C. 1421f-1) is amended--</DELETED>
<DELETED> (A) in subsection (a) by redesignating
paragraph (2) as paragraph (3), and by inserting after
paragraph (1) the following:</DELETED>
<DELETED> ``(2) Subject to the availability of appropriations, the
Secretary may also enter into cooperative agreements, contracts, or
such other agreements or arrangements as the Secretary considers
appropriate to address stranding events requiring emergency
assistance.'';</DELETED>
<DELETED> (B) in subsection (d) by inserting ``(1)''
before the text, and by adding at the end the
following:</DELETED>
<DELETED> ``(2) Funding for emergency stranding projects shall not
be subject to the funding limit established in paragraph
(1).'';</DELETED>
<DELETED> (C) in subsection (e)--</DELETED>
<DELETED> (i) in paragraph (1) by striking
``The non-Federal'' and inserting ``Except as
provided in paragraph (2), the non-
Federal'';</DELETED>
<DELETED> (ii) by redesignating paragraph
(2) as paragraph (3); and</DELETED>
<DELETED> (iii) by inserting after paragraph
(1) the following:</DELETED>
<DELETED> ``(2) Emergency assistance.--No non-Federal
contribution shall be required for funding for a response to an
emergency stranding event.''; and</DELETED>
<DELETED> (D) in subsection (g) by redesignating
paragraph (2) as paragraph (3) and inserting after
paragraph (1) the following:</DELETED>
<DELETED> ``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding event
that--</DELETED>
<DELETED> ``(A) is not an unusual mortality event as
defined in section 409(6);</DELETED>
<DELETED> ``(B) leads to an immediate increase in
required costs for stranding response, recovery, or
rehabilitation in excess of regularly scheduled
costs;</DELETED>
<DELETED> ``(C) may be cyclical or endemic;
and</DELETED>
<DELETED> ``(D) may involve out-of-habitat
animals.''.</DELETED>
<DELETED> (4) Contributions.--Section 408 of such Act (16
U.S.C. 1421f-1) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(i) Contributions.--For purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold, administer,
and use gifts, devises, and bequests.''.</DELETED>
<DELETED> (f) Authorization of Appropriations for Marine Mammal
Unusual Mortality Event Fund.--Section 409(3) of such Act (16 U.S.C.
1421g(3)) is amended by striking ``fiscal year 1993'' and inserting
``each of fiscal years 2007 through 2010''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2008''.
SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.
(a) Collection and Updating of Information.--Section 402(b)(1)(A)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A))
is amended by inserting ``or entangled'' after ``stranded''.
(b) Entanglement Response Agreements.--
(1) In general.--Section 403 of that Act (16 U.S.C. 1421b)
is amended--
(A) by striking the section heading and inserting
the following:
``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ; and
(B) in subsection (a) by striking ``standing.'' and
inserting ``stranding or entanglement.''.
(2) Clerical amendment.--The table of contents for title IV
of that Act is amended by striking the item relating to section
403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
(c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is
amended by inserting ``or entanglement'' after ``stranding''.
(d) Entanglement Defined.--
(1) In general.--Section 410 of such Act (16 U.S.C. 1421h)
is amended--
(A) by redesignating paragraphs (1) through (6) in
order as paragraphs (2) through (7); and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) The term `entanglement' means an event in the wild in
which a living or dead marine mammal has gear, rope, line, net,
or other material wrapped around or attached to it and is--
``(A) on a beach or shore of the United States; or
``(B) in waters under the jurisdiction of the
United States.''.
(2) Conforming amendment.--Section 408(a)(2)(B)(i) of such
Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking
``section 410(6)'' and inserting ``section 410(7)''.
(e) John H. Prescott Marine Mammal Rescue and Response Funding
Program.--
(1) Authorization of appropriations.--Section 408(h) of
such Act (16 U.S.C. 1421f-1(h)) is amended--
(A) by striking ``$5,000,000 for each of fiscal
years 2001 through 2003'' and inserting ``$7,000,000
for each of fiscal years 2007 through 2010''; and
(B) in paragraph (1) by striking ``$4,000,000'' and
inserting ``$6,000,000''.
(2) Administrative costs and expenses.--Section 408(f) of
such Act (16 U.S.C. 1421f-1) is amended to read as follows:
``(f) Administrative Costs and Expenses.--Of the 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 costs and administrative expenses to implement the
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided under subsection (a).''.
(3) Emergency assistance.--Section 408 of such Act (16
U.S.C. 1421f-1) is amended--
(A) in subsection (a)--
(i) by striking paragraph (1) and inserting
the following:
``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a program to be known as
the John H. Prescott Marine Mammal Rescue and Response Funding Program,
to provide for the recovery or treatment of marine mammals, the
collection of data from living or dead stranded marine mammals for
scientific research regarding marine mammal health, facility operation
costs that are directly related to those purposes, and stranding events
requiring emergency assistance. All funds available to implement this
section shall be distributed to eligible stranding network participants
for the purposes set forth in this paragraph and paragraph (2), except
as provided in subsection (f).'';
(ii) by redesignating paragraph (2) as
paragraph (4), and by inserting after paragraph
(1) the following:
``(2) Contract authority.--To carry out the activities set out in
paragraph (1), the Secretary may enter into grants, cooperative
agreements, contracts, or such other agreements or arrangements as the
Secretary deems appropriate.
``(3) Emergency prescott fund.--There is established in the
Treasury an interest bearing fund to be known as the ``John H. Prescott
Marine Mammal Rescue and Response Emergency Fund'', which shall consist
of a portion of amounts deposited into the Fund under subsection (h) or
received as contributions under subsection (i), and which shall remain
available until expended without regard to any statutory or regulatory
provision related to the negotiation, award, or administration of any
grants, cooperative agreements, and contracts.'';
(iii) by striking ``designated as of the
date of the enactment of the Marine Mammal
Rescue Assistance Act of 2000, and in making
such grants'' in paragraph (4), as
redesignated, and inserting ``as defined in
subsection (g)(3). The Secretary''; and
(iv) by striking ``subregions.'' in
paragraph (4), as redesignated, and inserting
``subregions where such facilities exist.'';
(B) by striking subsection (d) and inserting the
following:
``(d) Limitation.--Support for an individual project under this
section may not exceed $200,000 per annum.'';
(C) in subsection (e)(1)--
(i) by striking ``a grant'' and inserting
``funds''; and
(II) by inserting ``Federal'' after
``such''; and
(D) in subsection (g) by redesignating paragraph
(2) as paragraph (3) and inserting after paragraph (1)
the following:
``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding event--
``(A) that--
``(i) is not an unusual mortality event as
defined in section 409(6);
``(ii) leads to an immediate increase in
required costs for stranding response,
recovery, or rehabilitation in excess of
regularly scheduled costs;
``(iii) may be cyclical or endemic; and
``(iv) may involve out-of-habitat animals;
or
``(B) is found by the Secretary to qualify for
emergency assistance.''.
(4) Contributions.--Section 408 of such Act (16 U.S.C.
1421f-1) is amended by adding at the end the following:
``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.''.
(5) Conforming amendment.--The section heading for section
408 is amended to read as follows:
``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING
PROGRAM.''.
(f) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409(3) of such Act (16 U.S.C. 1421g(3))
is amended by striking ``fiscal year 1993.'' and inserting ``each of
fiscal years 2007 through 2010.''.
Calendar No. 881
110th CONGRESS
2d Session
H. R. 1006
[Report No. 110-421]
_______________________________________________________________________
AN ACT
To amend the provisions of law relating to the John H. Prescott Marine
Mammal Rescue Assistance Grant Program, and for other purposes.
_______________________________________________________________________
July 15, 2008
Reported with an amendment