[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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