H.R. 844

Marine Mammal Rescue Assistance Amendments of 2009

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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.

1.

Short title

This Act may be cited as the Marine Mammal Rescue Assistance Amendments of 2009.

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 such Act (16 U.S.C. 1421b) is amended—

(A)

by amending the section heading to read as follows:

403.

Stranding or entanglement response agreements

;

and

(B)

in subsection (a) by inserting or entanglement before the period.

(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:

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 Assistance Grant Program

(1)

Authorization of appropriations for grant program

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 2010 through 2013; and

(B)

in paragraph (1) by striking $4,000,000 and inserting $6,000,000.

(2)

Administrative costs and expenses

Section 408 of such Act (16 U.S.C. 1421f–1) is amended—

(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

(B)

by amending subsection (f) 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 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).

.

(3)

Emergency assistance

Section 408 of such Act (16 U.S.C. 1421f–1) is amended—

(A)

in subsection (a) by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following:

(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.

;

(B)

in subsection (d) by inserting (1) before the text, and by adding at the end the following:

(2)

Funding for emergency stranding projects shall not be subject to the funding limit established in paragraph (1).

;

(C)

in subsection (e)—

(i)

in paragraph (1) by striking The non-Federal and inserting Except as provided in paragraph (2), the non-Federal;

(ii)

by redesignating paragraph (2) as paragraph (3); and

(iii)

by inserting after paragraph (1) the following:

(2)

Emergency assistance

No non-Federal contribution shall be required for funding for a response to an emergency stranding event.

; 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 that—

(A)

is not an unusual mortality event as defined in section 409(6);

(B)

leads to an immediate increase in required costs for stranding response, recovery, or rehabilitation in excess of regularly scheduled costs;

(C)

may be cyclical or endemic; and

(D)

may involve out-of-habitat animals.

.

(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.

.

(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 2010 through 2013.

Passed the House of Representatives March 2, 2009.

Lorraine C. Miller,

Clerk