IIB
111th CONGRESS
1st Session
H. R. 844
IN THE SENATE OF THE UNITED STATES
March 3, 2009
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes.
Short title
This Act may be cited as the
Marine Mammal Rescue Assistance
Amendments of 2009
.
Stranding and entanglement response
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
.
Entanglement response agreements
In general
Section 403 of such Act (16 U.S.C. 1421b) is amended—
by amending the section heading to read as follows:
Stranding or entanglement response agreements
;
and
in subsection (a)
by inserting or entanglement
before the period.
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:
Sec. 403. Stranding or entanglement response agreements.
.
Liability
Section
406(a) of such Act (16 U.S.C. 1421e(a)) is amended by inserting or
entanglement
after stranding
.
Entanglement defined
In general
Section 410 of such Act (16 U.S.C. 1421h) is amended—
by redesignating paragraphs (1) through (6) in order as paragraphs (2) through (7); and
by inserting before paragraph (2) (as so redesignated) the following:
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—
on a beach or shore of the United States; or
in waters under the jurisdiction of the United States.
.
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)
.
John H. Prescott Marine Mammal Rescue Assistance Grant Program
Authorization of appropriations for grant program
Section 408(h) of such Act (16 U.S.C. 1421f–1(h)) is amended—
by striking
$5,000,000 for each of fiscal years 2001 through 2003
and
inserting $7,000,000 for each of fiscal years 2010 through 2013
;
and
in paragraph (1)
by striking $4,000,000
and inserting
$6,000,000
.
Administrative costs and expenses
Section 408 of such Act (16 U.S.C. 1421f–1) is amended—
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
by amending subsection (f) to read as follows:
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).
.
Emergency assistance
Section 408 of such Act (16 U.S.C. 1421f–1) is amended—
in subsection (a) by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following:
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.
;
in subsection (d)
by inserting (1)
before the text, and by adding at the end the
following:
Funding for emergency stranding projects shall not be subject to the funding limit established in paragraph (1).
;
in subsection (e)—
in
paragraph (1) by striking The non-Federal
and inserting
Except as provided in paragraph (2), the non-Federal
;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
Emergency assistance
No non-Federal contribution shall be required for funding for a response to an emergency stranding event.
; and
in subsection (g) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:
Emergency assistance
The term emergency assistance means assistance provided for a stranding event that—
is not an unusual mortality event as defined in section 409(6);
leads to an immediate increase in required costs for stranding response, recovery, or rehabilitation in excess of regularly scheduled costs;
may be cyclical or endemic; and
may involve out-of-habitat animals.
.
Contributions
Section 408 of such Act (16 U.S.C. 1421f–1) is amended by adding at the end the following:
Contributions
For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests.
.
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 2010 through 2013
.
Passed the House of Representatives March 2, 2009.
Lorraine C. Miller,
Clerk