[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 859 Reported in Senate (RS)]
Calendar No. 154
111th CONGRESS
1st Session
S. 859
[Report No. 111-70]
To amend the provisions of law relating to the John H. Prescott Marine
Mammal Rescue Assistance Grant Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2009
Ms. Cantwell (for herself, Ms. Snowe, Mr. Rockefeller, Mr. Kerry, and
Mr. Nelson of Florida) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
August 6, 2009
Reported by Mr. Rockefeller, without amendment
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2009''.
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) by striking ``stranding.'' in subsection (a)
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) as
paragraphs (2) through (7), respectively; 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) Unusual Mortality Event Funding.--Section 405 of such Act (16
U.S.C. 1421d) is amended--
(1) by striking ``to compensate persons for special costs''
in subsection (b)(1)(A)(i) and inserting ``to make advance,
partial, or progress payments under contracts or other funding
mechanisms for property, supplies, salaries, services, and
travel costs'';
(2) by striking ``preparing and transporting'' in
subsection (b)(1)(A)(ii) and inserting ``the preparation,
analysis, and transportation of'';
(3) by striking ``event for'' in subsection (b)(1)(A)(ii)
and inserting ``event, including such transportation for'';
(4) by striking ``and'' after the semicolon in subsection
(c)(2);
(5) by striking ``subsection (d).'' in subsection (c)(3)
and inserting ``subsection (d); and''; and
(6) by adding at the end of subsection (c) the following:
``(4) up to $500,000 per fiscal year (as determined by the
Secretary) from amounts appropriated to the Secretary for
carrying out this title and the other titles of this Act.''.
(f) 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 to read as follows:
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, other than subsection (a)(3),
$7,000,000 for each of fiscal years 2010 through 2014, to
remain available until expended, of which--
``(A) $6,000,000 may be available to the Secretary
of Commerce; and
``(B) $1,000,000 may be available to the Secretary
of the Interior.
``(2) Rapid response fund.--There are authorized to be
appropriated to the John H. Prescott Marine Mammal Rescue and
Rapid Response Fund established by subsection (a)(3), $500,000
for each of fiscal years 2010 through 2014.
``(3) Additional rapid response funds.--There shall be
deposited into the Fund established by subsection (a)(3) up to
$500,000 per fiscal year (as determined by the Secretary) from
amounts appropriated to the Secretary for carrying out this
title and the other titles of this Act.''.
(2) Administrative costs and expenses.--Section 408(f) of
such Act (16 U.S.C. 1421f-1(f)) 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) by striking so much of subsection (a) as
precedes paragraph (2) 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 or entangled marine
mammals for scientific research regarding marine mammal health,
facility operation costs that are directly related to those purposes,
and stranding or entangling 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).'';
(B) by redesignating paragraph (2) as paragraph (4)
and 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) Prescott rapid response fund.--There is established in the
Treasury an interest bearing fund to be known as the `John H. Prescott
Marine Mammal Rescue and Rapid Response 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.'';
(C) 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
(D) by striking ``subregions.'' in paragraph (4),
as redesignated, and inserting ``subregions where such
facilities exist.'';
(E) by striking subsections (d) and (e) and
inserting the following:
``(d) Limitation.--
``(1) In general.--Support for an individual project under
this section may not exceed $200,000 for any 12-month period.
``(2) Unexpended funds.--Amounts provided as support for an
individual project under this section that are unexpended or
unobligated at the end of such period--
``(A) shall remain available until expended; and
``(B) shall not be taken into account in any other
12-month period for purposes of paragraph (1).
``(e) Matching Requirement.--
``(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs of an activity conducted with
funds under this section shall be 25 percent of such Federal
costs.
``(2) Waiver.--The Secretary shall waive the requirements
of paragraph (1) with respect to an activity conducted with
emergency funds disbursed from the Fund established by
subsection (a)(3).
``(3) In-kind contributions.--The Secretary may apply to
the non-Federal share of an activity conducted with a grant
under this section the amount of funds, and the fair market
value of property and services, provided by non-Federal sources
and used for the activity.''; and
(F) by redesignating paragraph (2) of subsection
(g) as paragraph (3) and inserting after paragraph (1)
the following:
``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding or
entangling event--
``(A) that--
``(i) is not an unusual mortality event as
defined in section 409(7);
``(ii) leads to an immediate increase in
required costs for stranding or entangling
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.''.
(g) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is
amended--
(1) by striking ``1993 and 1994;'' in paragraph (1) and
inserting ``2010 through 2014;'';
(2) by striking ``1993 and 1994;'' in paragraph (2) and
inserting ``2010 through 2014;''; and
(3) by striking ``fiscal year 1993.'' in paragraph (3) and
inserting ``each of fiscal years 2010 through 2014.''.
Calendar No. 154
111th CONGRESS
1st Session
S. 859
[Report No. 111-70]
_______________________________________________________________________
A BILL
To amend the provisions of law relating to the John H. Prescott Marine
Mammal Rescue Assistance Grant Program, and for other purposes.
_______________________________________________________________________
August 6, 2009
Reported without amendment