[Congressional Record Volume 155, Number 36 (Monday, March 2, 2009)]
[House]
[Pages H2883-H2884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS OF 2009

  Mr. HOLT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 844) to amend the provisions of law relating to the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 844

       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 such Act (16 U.S.C. 1421b) 
     is amended--
       (A) by amending the section heading to read as follows:

     ``SEC. 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

[[Page H2884]]

     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Holt) and the gentleman from Nebraska (Mr. Smith) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. HOLT. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. HOLT. Madam Speaker, the pending measure, the Marine Mammal 
Rescue Assistance Amendments of 2009, was introduced by our esteemed 
colleague from Alaska, Representative Don Young. The bill would extend 
through fiscal year 2013 the authorization of appropriations for the 
John H. Prescott Marine Mammal Rescue Assistance Grant Fund and the 
Marine Mammal Unusual Mortality Event Fund.
  H.R. 844 would direct the relevant Secretary to collect and update 
procedures for rescuing and rehabilitating marine mammals entangled in 
fishing gear, rope, line, or entangled in any way other. The bill also 
authorizes the Secretary to enter into agreements for marine mammal 
stranding events requiring emergency assistance.
  The 110th Congress passed a similar bill by voice vote, but the 
legislation did not pass the other body. We support this bill and 
commend Representative Young for his leadership on this issue.
  I ask Members on both sides to support passage of this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Nebraska. I rise in support of H.R. 844, the Marine 
Mammal Rescue Assistance Amendments of 2009. This legislation, 
introduced by Congressman Don Young, will extend the John H. Prescott 
Marine Mammal Rescue Assistance Grant Program.
  The program was first authorized in 2000 to address the funding needs 
of facilities assisting in the recovery and rehabilitation of stranded 
marine mammals. The Prescott Grant Program has been very successful in 
supporting facilities around the Nation, volunteering facility space 
and staff time to rehabilitate stranded marine mammals and return many 
of them to the wild.
  While the Prescott Grant Program has been successful in many areas, 
some areas of the country do not have appropriate coverage. The Alaska 
region and the southeast region are two examples. This legislation will 
provide funding for the Department of Commerce to help address the lack 
of coverage in certain areas, and will also increase the number of 
grants that can be issued each year.
  I urge an ``aye'' vote on H.R. 844.
  Madam Speaker, I reserve the balance of my time.
  Mr. HOLT. Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Nebraska. Madam Speaker, I yield 3 minutes to the 
gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. I thank the gentleman for yielding to me.
  Madam Speaker, I rise in support of H.R. 844, the Marine Mammal 
Rescue Assistance Amendments of 2009. This important piece of 
legislation continues to build upon the original legislation this body 
passed in 1972, the Marine Mammal Protection Act.
  Continuing to recognize the importance of marine mammals and the 
fragile state of some of their populations, Congress passed the Marine 
Mammal Rescue Assistance Act in 2000 and created the John H. Prescott 
Marine Mammal Assistance Program.
  Keeping with the spirit of these achievements in marine mammal 
protection, I introduced this legislation which builds upon our earlier 
successes and expands the Prescott Grant Program. This bill will allow 
the Secretary of Commerce to provide grants to participants who assist 
in removing ropes and other materials from marine mammals while at sea.
  By providing grants to institutions such as the Alaskan Sealife 
Center, untold numbers of marine mammals have been positively impacted. 
Support for this bill will further invest in the health of our oceans 
and its numerous marine resources.
  Again, I urge my colleagues to support marine mammals and the passage 
of H.R. 844.
  Mr. SMITH of Nebraska. Madam Speaker, I yield back the balance of my 
time.
  Mr. HOLT. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Holt) that the House suspend the rules 
and pass the bill, H.R. 844.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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