[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