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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1934 Referred in Senate (RFS)]

  1st Session
                                H. R. 1934

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1999

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
To amend the Marine Mammal Protection Act of 1972 to establish the John 
       H. Prescott Marine Mammal Rescue Assistance Grant Program.

    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 Act 
of 1999''.

SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371 et seq.) is amended--
            (1) by redesignating sections 408 and 409 as sections 409 
        and 410, respectively; and
            (2) by inserting after section 407 the following:

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

    ``(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 marine mammals for scientific research regarding marine 
mammal health, and facility operation costs that are directly related 
to those purposes.
    ``(2)(A) The Secretary shall ensure that, to the greatest extent 
practicable, funds provided as grants under this subsection are 
distributed equitably among the designated stranding regions.
    ``(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), that occurred in any 
        region in the preceding year; and
            ``(ii) data regarding average annual strandings and 
        mortality events per 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) Advisory Group.--
            ``(1) In general.--The Secretary, in consultation with the 
        Marine Mammal Commission, shall establish an advisory group in 
        accordance with this subsection to advise the Secretary 
        regarding the implementation of this section, including the 
        award of grants under this section.
            ``(2) Membership.--The advisory group shall consist of 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.
            ``(3) Public participation.--
                    ``(A) Meetings.--The advisory group shall--
                            ``(i) ensure that each meeting of the 
                        advisory group is open to the public; and
                            ``(ii) provide, at each meeting of the 
                        advisory group, an opportunity for interested 
                        persons to present oral or written statements 
                        concerning items on the agenda for the meeting.
                    ``(B) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                group.
                    ``(C) Minutes.--The Secretary shall keep and make 
                available to the public minutes of each meeting of the 
                advisory group.
            ``(4) Exemption.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the establishment and 
        activities of an advisory group in accordance with this 
        subsection.
    ``(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 to pay the administrative expenses necessary to carry out 
this section.
    ``(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 the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2003, to remain available until 
expended.''.
    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting 
``(other than section 408)'' after ``title IV''.
    (c) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended 
by striking the items relating to sections 408 and 409 and inserting 
the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant 
                            Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

            Passed the House of Representatives September 27, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```