[Senate Report 111-70]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-70
_______________________________________________________________________

                                     

                                                       Calendar No. 154
 
         MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS ACT OF 2009

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 859



                                     

                 August 6, 2009.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri           SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota             MEL MARTINEZ, Florida
TOM UDALL, Colorado                  MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Chief of Staff
                   James Reid, Deputy Chief of Staff
                     Bruce Andrews, General Counsel
     Christine Kurth, Republican Staff Director and General Counsel
               Brian Hendricks, Republican Chief Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 154
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-70

======================================================================




         MARINE MAMMAL RESCUE ASSISTANCE AMENDMENTS ACT OF 2009

                                _______
                                

                 August 6, 2009.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 859]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 859) to amend the provisions of 
law relating to the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 859, the Marine Mammal Rescue Assistance 
Amendments Act of 2009, as reported, is to amend provisions of 
the Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 1361 
et. seq.) relating to the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program. The bill would add authorization for 
entanglement response agreements to existing provisions 
relating to stranding response agreements. The bill would 
define the terms ``entanglement'' and ``emergency assistance.'' 
S. 859 would require the Secretary of Commerce to update 
existing practices and procedures for rescuing and 
rehabilitating entangled marine mammals. The bill amends 
provisions relating to the Unusual Mortality Event Funding to 
authorize advance payments under contracts or other mechanisms 
to support property, services, supplies, salaries and travel 
costs in support of responding to an entangled or stranded 
marine mammal. Further, S. 859 would establish in the Treasury 
an interest bearing fund entitled the ``John H. Prescott Marine 
Mammal Rescue and Rapid Response Fund'' and allow the Secretary 
to solicit, accept, receive, hold, administer, and use gifts, 
devises, and bequests for marine mammal stranding and 
entanglement responses.

                          Background and Needs

  The MMPA was enacted in 1972 to protect and conserve marine 
mammals and established a moratorium on taking or importing 
marine mammals and marine mammal products, except for certain 
regulated or permitted activities. The MMPA defines ``take'' as 
``to harass, hunt, capture, or kill or attempt to harass, hunt 
capture, or kill any marine mammal.'' In 1992, Congress enacted 
the Marine Mammal Health and Stranding Response Act (P.L. 102-
587) as Title IV of the MMPA. The Marine Mammal Health and 
Stranding Response Act statutorily recognized the marine mammal 
stranding network, established procedures for responding to 
unusual marine mammal mortality events, and established the 
National Marine Mammal Tissue Bank.
  Most marine mammal strandings are not associated with unusual 
mortality events. Strandings often involve the recovery of a 
dead marine mammal or the rescue of an animal that can be 
rehabilitated and released back into the wild. In 2000, the 
John H. Prescott Marine Mammal Rescue Assistance Grant Program 
was enacted into law (P.L. 106-555), to help defray the high 
cost of recovery and rehabilitation of marine mammals that fall 
outside the existing MMPA Title IV program. The Prescott 
stranding assistance program allows eligible Marine Mammal 
Stranding Network participants to use funds for: (1) recovery 
and treatment of marine mammals; (2) collection of scientific 
data from live and dead animals; and (3) improvement of the 
operation of rescue and rehabilitation centers. Prior to the 
establishment of this Federal grant program, assistance for 
strandings and rescues were provided by small, underfunded 
members of the Marine Mammal Stranding Network, who took on the 
financial burden to rescue and rehabilitate stranded marine 
mammals. It is the intention of the Committee that the funds 
authorized in this bill may also be used for the disposal of 
marine mammal carcasses.
  The Secretary of Commerce, acting through the National 
Oceanic and Atmospheric Administration (NOAA), provides 
approximately 40 awards per year to Marine Mammal Stranding 
Network participants. To enhance the funding available for 
normal and emergency response activities, S. 859 would allow 
the Secretary to solicit, accept, receive, hold, administer, 
and use gifts, devises, and bequests for marine mammal 
stranding and entanglement responses. This provision would 
allow individuals and organizations a means to provide 
additional funding for response activities and emergencies, and 
thereby, leverage appropriated amounts to increase the capacity 
of the Marine Mammal Stranding Network. The establishment of 
the John H. Prescott Marine Mammal Rescue and Rapid Response 
Fund would allow NOAA more flexibility to provide funding for 
emergency responses in a timely manner to Marine Mammal 
Stranding Network participants. S. 859 would also allow the 
Secretary of Commerce to provide up to $200,000 for individual 
grants. The Committee expects that the Secretary would continue 
to fund the maximum number of projects possible that meet the 
program's criteria as well as make sure the program continues 
national coverage for stranding and entanglement activities.
  Section 405 of the MMPA currently limits the Marine Mammal 
Unusual Mortality Event Fund to reimbursements for costs 
already incurred by the stranding network. This requires Marine 
Mammal Stranding Network organizations to pay for expenses 
upfront and then seek reimbursement for costs association with 
unusual mortality events (UMEs). Many stranding network 
organizations are non-profit organizations with limited capital 
resources. Since UMEs and disentanglement response and 
investigation activities often require the purchasing of 
substantial goods and services to examine, retrieve, and 
analyze carcasses or assist live animals in distress, most 
Marine Mammal Standing Network participants find it difficult 
to front the necessary expenses. S. 859 would amend Section 405 
to allow the Secretary of Commerce to authorize payments under 
contracts or other mechanisms to support property, services, 
supplies, salaries, and travel costs in response to a UME at 
the time of the response rather than requiring a Marine Mammal 
Stranding Network participant to seek reimbursement.

                          Legislative History

  The Marine Mammal Rescue Assistance Amendments Act of 2009 
was introduced by Senator Cantwell on April 22, 2009, with 
Senators Rockefeller, Snowe, Kerry, and Nelson, and S. 859 was 
referred to the Senate Committee on Commerce, Science, and 
Transportation. On May 20, 2009, the Committee considered the 
bill in an open executive session. No amendments were offered 
to the bill as introduced, and the Committee, without 
objection, ordered S. 859 reported without amendment.
  Staff assigned to this legislation are Kris Sarri, Democratic 
Professional Staff, and Todd Bertoson, Republican Senior 
Counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                    August 5, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 859, the Marine 
Mammal Rescue Assistance Amendments of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 859--Marine Mammal Rescue Assistance Amendments of 2009

    Summary: S. 859 would amend the Marine Mammal Protection 
Act of 1972 and would reauthorize funding for programs to 
protect and rescue marine mammals such as whales that become 
stranded or entangled. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing S. 859 would increase 
discretionary spending by $43 million over the 2010-2014 
period.
    Enacting S. 859 also contains several provisions that could 
increase direct spending, but CBO estimates that any increases 
would be minimal.
    S. 859 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 859 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2014-
                                                        2010      2011      2012      2013      2014      2010
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\a\

Authorization Level.................................         9         9         9         9         9        45
Estimated Outlays...................................         7         8         9         9         9        43
----------------------------------------------------------------------------------------------------------------
\a\Enacting S. 859 also would result in changes in direct spending, but CB0 estimates that the net budgetary
  effect of such changes would be less than $500,000 a year.

    Basis of estimate: For this estimate, CBO assumes that S. 
859 will be enacted near the end of fiscal year 2009 and that 
the authorized amounts will be provided as specified in the 
bill. Estimated outlays are based on historical spending 
patterns for these and similar programs.

Spending subject to appropriation

    S. 859 would authorize appropriations totaling of $9 
million for each of fiscal years 2010 through 2014, including:
           $7 million for the John H. Prescott Marine 
        Mammal Rescue Assistance Program, of which National 
        Oceanic and Atmospheric Administration (NOAA) would 
        receive $6 million and the U.S. Fish and Wildlife 
        Service (USFWS) would receive $1 million,
           $0.5 million for the Marine Mammal Unusual 
        Mortality Event Fund (administered by NOAA),
           $0.5 million to carry out other activities 
        under the 1972 act, and
           $1 million for a new John H. Prescott Marine 
        Mammal Rescue and Rapid Response Fund (rapid response 
        fund), consisting of $500,000 a year authorized to be 
        appropriated directly to the fund as well as up to 
        $500,000 that NOAA could deposit to it from other 
        appropriations. (The new fund also could receive 
        private donations and interest credited to the fund on 
        its unspent balances, both of which would be available 
        without further appropriation.)
    Assuming appropriation of the authorized amounts, CBO 
estimates that NOAA and the USFWS would spend a total of $43 
million over the 2010-2014 period, primarily for grants to 
nonfederal groups that rescue marine mammals.

Direct spending

    Several provisions of S. 859 could increase direct 
spending, but CBO estimates that the net budgetary effect of 
those provisions would be minimal. Provisions that may affect 
direct spending are discussed below.
    Rapid Response Fund. The bill would allow NOAA to collect 
and spend private donations and earn interest on balances in 
the rapid response fund. Collecting and spending private 
donations would increase offsetting receipts and associated 
direct spending; the net effect of such transactions would be 
minimal in most years. Spending any interest credited to the 
funds would result in additional direct spending, but we 
estimate that such spending also would be negligible.
    Unusual Mortality Event Funding. S. 859 would authorize 
NOAA to make advance, partial, or progress payments under 
contracts executed under this program. The agency's use of this 
authority could cause it to obligate funds in advance of 
appropriations, resulting in new direct spending. Because the 
number of unusual mortality events and the likely level of 
federal funding for them are small, CBO estimates that any 
outlays under such contracts would be less than $500,000 
annually.
    Federal Tort Claims Act. The bill would provide that 
individuals who rescue marine mammals from entanglements (from 
fishing nets, for example) would be considered federal 
employees if their actions result in claims for damages under 
the Federal Tort Claims Act. Because such claims could be paid 
from the permanent, indefinite Judgment Fund, awards against 
the federal government could increase direct spending. Based on 
information provided by NOAA on the likely number of cases, 
however, CBO estimates that any increase in spending would be 
minimal.
    Intergovernmental and private-sector impact: S. 859 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 859, as reported, would authorize appropriations to 
continue and expand existing National Oceanic and Atmospheric 
Administration (NOAA) programs and would make a number of 
changes to current law. This bill would have little, if any, 
regulatory impact.

                            ECONOMIC IMPACT

  This bill, as reported, is expected to have no impact on the 
nation's economy.

                                PRIVACY

  The reported bill would have no impact on the personal 
privacy of U.S. citizens.

                               PAPERWORK

  The reported bill may slightly increase the paperwork 
requirements for NOAA when updating the stranding response 
agreements.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short Title.

  The first section would title this Act as the ``Marine Mammal 
Rescue Assistance Amendments Act of 2009.''

Section 2. Stranding and Entanglement Response.

  This section would amend section 403 of the MMPA (16 U.S.C. 
1421b) to include the term ``entanglement'' and add 
authorization for entanglement response agreements to existing 
provisions relating to stranding response agreements. This 
section would require the Secretary of Commerce to update 
existing practices and procedures for rescuing and 
rehabilitating entangled marine mammals. This section would 
define the term ``entanglement'' as an event in the wild in 
which a living or dead marine mammal has gear, rope, line, net, 
or other material wrapped around or attach to it and is on a 
beach or shore of the United States or in waters under the 
jurisdiction of the United States.
  Subsection (f) would reauthorize the John J. Prescott Marine 
Mammal Rescue Assistance Grant Program and provide the 
Secretary with the ability to solicit and accept gifts and 
other donations to increase the impact of the program. It would 
authorize $7 million for each of fiscal years 2010 through 2014 
to the program. The section also establishes within the 
Treasury an interest bearing fund called the ``John H. Prescott 
Marine Mammal Rescue and Rapid Response Fund.''
  This section would also authorize $500,000 for each of fiscal 
years 2010 through 2014 for the Marine Mammal Unusual Mortality 
Fund and for the John H. Prescott Marine Mammal Rescue and 
Rapid Response Fund. Further, it would authorize the Secretary 
to deposit up to $500,000 per fiscal year into the Funds from 
other MMPA funding. In addition, this section would also define 
the term ``emergency assistance'' as a response to an event 
that is not an unusual mortality event; that leads to an 
immediate increase in required costs for response, recovery, or 
rehabilitation; that may involve out-of-habitat animals; and 
may be cyclical or endemic.
  Further, this section would amend provisions relating to the 
Unusual Mortality Event Funding to authorize advance payments 
under contracts or other mechanisms to support property, 
services, supplies, salaries and travel costs in support of 
responding to an entangled or stranded marine mammal.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  MARINE MAMMAL PROTECTION ACT OF 1972


SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION.

                           [16 U.S.C. 1421a]

  (a) Determination for Release.--The Secretary shall, in 
consultation with the Secretary of the Interior, the Marine 
Mammal Commission, and individuals with knowledge and 
experience in marine science, marine mammal science, marine 
mammal veterinary and husbandry practices, and marine 
conservation, including stranding network participants, develop 
objective criteria, after an opportunity for public review and 
comment, to provide guidance for determining at what point a 
rehabilitated marine mammal is releasable to the wild.
  (b) Collection.--The Secretary shall, in consultation with 
the Secretary of the Interior, collect and update, 
periodically, existing information on--
          (1) procedures and practices for--
                  (A) rescuing and rehabilitating stranded or 
                entangled marine mammals, including criteria 
                used by stranding network participants, on a 
                species-by-species basis, for determining at 
                what point a marine mammal undergoing rescue 
                and rehabilitation is returnable to the wild; 
                and
                  (B) collecting, preserving, labeling, and 
                transporting marine mammal tissues for 
                physical, chemical, and biological analyses;
          (2) appropriate scientific literature on marine 
        mammal health, disease, and rehabilitation;
          (3) strandings, which the Secretary shall compile and 
        analyze, by region, to monitor species, numbers, 
        conditions, and causes of illnesses and deaths of 
        stranded marine mammals; and
          (4) other life history and reference level data, 
        including marine mammal tissue analyses, that would 
        allow comparison of the causes of illness and deaths in 
        stranded marine mammals with physical, chemical, and 
        biological environmental parameters.
  (c) Availability.--The Secretary shall make information 
collected under this section available to stranding network 
participants and other qualified scientists.

[SEC. 403. STRANDING RESPONSE AGREEMENTS.]

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

                           [16 U.S.C. 1421b]

  (a) In General.--The Secretary may enter into an agreement 
under section 112(c) with any person to take marine mammals 
under section 109(h)(1) in response to a [stranding.] stranding 
or entanglement.
  (b) Required Provision.--An agreement authorized by 
subsection (a) shall--
          (1) specify each person who is authorized to perform 
        activities under the agreement; and
          (2) specify any terms and conditions under which a 
        person so specified may delegate that authority to 
        another person.
  (c) Review.--The Secretary shall periodically review 
agreements under section 112(c) that are entered into pursuant 
to this title, for performance adequacy and effectiveness.

SEC. 405. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

                           [16 U.S.C. 1421d]

  (a) Establishment of Fund.--There is established in the 
Treasury an interest bearing fund to be known as the ``Marine 
Mammal Unusual Mortality Event Fund'', which shall consist of 
amounts deposited into the Fund under subsection (c).
  (b) Uses.--
          (1) In general.--Amounts in the Fund--
                  (A) shall be available only for use by the 
                Secretary, in consultation with the Secretary 
                of the Interior--
                          (i) [to compensate persons for 
                        special costs] to make advance, 
                        partial, or progress payments under 
                        contracts or other funding mechanisms 
                        for property, supplies, salaries, 
                        services, and travel costs incurred in 
                        acting in accordance with the 
                        contingency plan issued under section 
                        404(b) or under the direction of an 
                        Onsite Coordinator for an unusual 
                        mortality event;
                          (ii) for reimbursing any stranding 
                        network participant for costs incurred 
                        in [preparing and transporting] the 
                        preparation, analysis, and 
                        transportation of tissues collected 
                        with respect to an unusual mortality 
                        [event for] event, including such 
                        transportation for the Tissue Bank; and
                          (iii) for care and maintenance of 
                        marine mammal seized under section 
                        104(c)(2)(D); and
                  (B) shall remain available until expended.
          (2) Pending claims.--If sufficient amounts are not 
        available in the Fund to satisfy any authorized pending 
        claim, such claim shall remain pending until such time 
        as sufficient amounts are available. All authorized 
        pending claims shall be satisfied in the order 
        received.
  (c) Deposits into the Fund.--There shall be deposited into 
the Fund--
          (1) amounts appropriated to the Fund;
          (2) other amounts appropriated to the Secretary for 
        use with respect to unusual mortality events; [and]
          (3) amounts received by the United States in the form 
        of gifts, devises, and bequests under [subsection (d).] 
        subsection (d); and
          (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.
  (d) Acceptance of Donations.--For purposes of carrying out 
this title and section 104(c)(2)(D), the Secretary may accept, 
solicit, and use the services of volunteers, and may accept, 
solicit, receive, hold, administer, and use gifts, devises, and 
bequests.

SEC. 406. LIABILITY.

                           [16 U.S.C. 1421e]

  (a) In General.--A person who is authorized to respond to a 
stranding or entanglement pursuant to an agreement entered into 
under section 112(c) is deemed to be an employee of the 
government for purposes of chapter 171 of title 28, United 
States Code, with respect to actions of the person that are--
          (1) in accordance with the agreement; and
          (2) in the case of an unusual mortality event, in 
        accordance with--
                  (A) the contingency plan issued under section 
                404(b);
                  (B) the instructions of an Onsite Coordinator 
                designated under section 404(c); or
                  (C) the best professional judgment of an 
                Onsite Coordinator, in the case of any matter 
                that is not covered by the contingency plan.
  (b) Limitation.--Subsection (a) does not apply to actions of 
a person described in that subsection that are grossly 
negligent or that constitute willful misconduct.

[SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                    PROGRAM.]

SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING 
                    PROGRAM.

                          [16 U.S.C. 1421f-1]

  [(a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a grant program to 
be known as the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, to provide grants to eligible 
stranding network participants 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, and facility operation costs that are 
directly related to those purposes.]
  (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).
  (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.
  [(2)] (4)(A) The Secretary shall ensure that, to the greatest 
extent practicable, funds provided as grants under this 
subsection are distributed equitably among the stranding 
regions [designated as of the date of the enactment of the 
Marine Mammal Rescue Assistance Act of 2000, and in making such 
grants] as defined in subsection (g)(3). The Secretary shall 
give preference to those facilities that have established 
records for rescuing or rehabilitating sick and stranded marine 
mammals in each of the respective regions, or [subregions.] 
subregions where such facilities exist.
  (B) In determining priorities among such regions, the 
Secretary may consider--
          (i) any episodic stranding or any mortality event 
        other than an event described in [section 410(6),] 
        section 410(7), that occurred in any region in the 
        preceding year;
          (ii) data regarding average annual strandings and 
        mortality events per region; and
          (iii) the size of the marine mammal populations 
        inhabiting a geographic area within such a region.
  (b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in 
such form and manner as the Secretary may prescribe.
  (c) Consultation.--The Secretary shall consult with the 
Marine Mammal Commission, a representative from each of the 
designated stranding regions, and other individuals who 
represent public and private organizations that are actively 
involved in rescue, rehabilitation, release, scientific 
research, marine conservation, and forensic science regarding 
stranded marine mammals, regarding the development of criteria 
for the implementation of the grant program and the awarding of 
grants under the program.
  [(d) Limitation.--The amount of a grant under this section 
shall not exceed $100,000.
  [(e) Matching Requirement.--
          [(1) In general.--The non-Federal share of the costs 
        of an activity conducted with a grant under this 
        section shall be 25 percent of such costs.
          [(2) 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.]
  [(f) Administrative expenses.--Of 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 expenses necessary to carry out this 
section.]
  (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.
  (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).
  (g) Definitions.--In this section:
          (1) Designated stranding region.--The term 
        ``designated stranding region'' means a geographic 
        region designated by the Secretary for purposes of 
        administration of this title.
          (2) Secretary.--The term ``Secretary'' has the 
        meaning given that term in section 3(12)(A).
  [(h) Authorization of appropriations.--There are authorized 
to be appropriated to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2003, to remain available 
until expended, of which--
          (1) $4,000,000 may be available to the Secretary of 
        Commerce; and
          (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.
          [(2)] (3) $1,000,000 may be available to the 
        Secretary of the Interior.]
  (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.
  (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.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

                           [16 U.S.C. 1421g]

  There is authorized to be appropriated--
          (1) to the Secretary for carrying out this title 
        (other than sections 405 and 407) $250,000 for each of 
        fiscal years [1993 and 1994;] 2010 through 2014;
          (2) to the Secretary for carrying out section 407, 
        $250,000 for each of fiscal years [1993 and 1994;] 2010 
        through 2014; and
          (3) to the Fund, $500,000 for [fiscal year 1993.] 
        each of fiscal years 2010 through 2014.

SEC. 410. DEFINITIONS.

                           [16 U.S.C. 1421h]

  In this title, the following definitions apply:
          (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.
          [(1)] (2) The term ``Fund'' means the Marine Mammal 
        Unusual Mortality Event Fund established by section 
        405(a).
          [(2)] (3) The term ``Office'' means the Office of 
        Protected Resources, in the National Marine Fisheries 
        Service.
          [(3)] (4) The term ``stranding'' means an event in 
        the wild in which--
                  (A) a marine mammal is dead and is--
                          (i) on a beach or shore of the United 
                        States; or
                          (ii) in waters under the jurisdiction 
                        of the United States (including any 
                        navigable waters); or
                  (B) a marine mammal is alive and is--
                          (i) on a beach or shore of the United 
                        States and unable to return to the 
                        water;
                          (ii) on a beach or shore of the 
                        United States and, although able to 
                        return to the water, is in need of 
                        apparent medical attention; or
                          (iii) in the waters under the 
                        jurisdiction of the United States 
                        (including any navigable waters), but 
                        is unable to return to its natural 
                        habitat under its own power or without 
                        assistance.
          [(4)] (5) The term ``stranding network participant'' 
        means a person who is authorized by an agreement under 
        section 112(c) to take marine mammals as described in 
        section 109(h)(1) in response to a stranding.
          [(5)] (6) The term ``Tissue Bank'' means the National 
        Marine Tissue Bank provided for under section 407(a).
          [(6)] (7) The term ``unusual mortality event'' means 
        a stranding that--
                  (A) is unexpected;
                  (B) involves a significant die-off of any 
                marine mammal population; and
                  (C) demands immediate response.

                                  
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