[Congressional Record Volume 155, Number 59 (Wednesday, April 22, 2009)]
[Senate]
[Pages S4578-S4579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself, Ms. Snowe, Mr. Kerry, and Mr. 
        Nelson, of Florida):
  S. 859. A bill to amend the provisions of law relating to the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Marine 
Mammals Rescue Assistance Amendments Act.
  In my home State of Washington, our history and economy is based on a 
rich maritime tradition that contributes as much as $3 billion to the 
State's economy each year. There are 3,000 vessels in Washington's 
fishing fleet that employ 10,000 fishermen. Nationwide, ocean-dependent 
industries generate approximately $138 billion and millions of jobs to 
the U.S. economy. According to the National Ocean Economic Project, 30 
U.S. coastal states accounted for 82 percent of total population and 81 
percent of U.S. jobs in 2006.
  For these communities, their histories and economies literally ebb 
and flow with the tide. It is vital we remember the ocean resources 
these communities depend on are a public trust, and a resource to be 
both treasured and protected.
  One important element of the oceans' ecosystems is marine mammals. 
They reflect the greater health of the ocean environment, like a canary 
in a coal mine.
  In Washington state, marine mammals like the endangered Puget Sound 
southern resident orcas are icons for our region.
  My State's coastal waters are inhabited by gray whales, harbor seals, 
orcas, humpback whales, Dall's porpoise, California sea lions, and sea 
otters. They are an important part of Washington's marine environment, 
and deserve to be protected and respected.
  But occasionally these remarkable animals run into trouble and need 
our help. They become stranded on beaches, ensnared in fishing gear, 
hit by boats, or harmed by marine trash. Human activities endanger 
these animals, as such, it is our responsibility to do all that we can 
to protect them.
  The Marine Mammals Rescue Assistance Amendments Act continues our 
Government's efforts to protect and preserve these remarkable 
creatures.
  It would reauthorize and amend provisions of the Marine Mammal 
Protection Act of 1972 relating to the John H. Prescott Marine Mammal 
Rescue Assistance Grant Program, Prescott program.
  Before this program was created, saving troubled marine mammals was 
the burden of small, locally-funded volunteer organizations, many of 
whom were members of the Marine Mammal Stranding Network. These groups 
of local citizens took on the financial burden of rescuing and 
rehabilitating stranded mammals, relied mainly on piecemeal 
fundraising, and were woefully underfunded.
  The Prescott program lends a much-needed helping hand to these 
organizations, helping to defray their costs for marine mammal rescue 
and rehabilitation. It also allows eligible Marine Mammal Stranding 
Network participants to use funds to collect scientific data to improve 
the treatment and operation of rescue and rehabilitation centers.
  Reauthorization of this program is important to the Marine Mammal 
Stranding Networks around the nation, aquariums and zoos, the 
environmental community, and NOAA.
  For example, in my home state of Washington, organizations like the 
Orca Network, the Makah Tribe, The Whale Museum, and the Cascadia 
Research Collective rely on this funding, and last year received a 
total of $319,000 in Prescott grant funding to help support their work 
preserving and protecting marine mammals.
  The Marine Mammal Rescue Assistance Amendments Act would amend 
section 403 of the MMPA to: define the term ``entanglement'' and add 
authorization for entanglement response as eligible for funding under 
the program; require the Secretary of Commerce to collect and update 
existing practices and procedures for rescuing and rehabilitating 
entangled marine mammals; establishes an interest bearing fund in the 
Treasury for emergency response to marine mammal entanglement and 
stranding, and allow the program to solicit and accept gifts and other 
donations to increase the impact of the program; increase authorization 
for the program to $7 million for each fiscal years 2009 to 2013; and 
increase the maximum grant for projects from $100,000 to $200,000.
  We cannot turn our backs on the damage we do to our marine mammals 
every day. When marine mammals are harmed by human activities--whether 
intentional or unintentional, direct or indirect--we have an ethical 
obligation to do what we can to help.
  As stewards of the oceans, we owe it to our coastal communities, our 
precious marine mammals, and future generations to fulfill that 
obligation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 859

       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'';

[[Page S4579]]

       (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.''.
                                 ______