II 

Calendar No. 881 

110TH CONGRESS 

2D SESSION H. R. 1006 

[Report No. 110–421] 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2007 

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

and Transportation 

JULY 15, 2008 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To amend the provisions of law relating to the John H. 

Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Marine Mammal Res3 cue Assistance Amendments of 2007’’. 

4 SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. 

5 (a) COLLECTION AND UPDATING OF INFORMA6 TION.—Section 402(b)(1)(A) of the Marine Mammal Pro7 tection Act of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amend8 ed by inserting ‘‘or entangled’’ after ‘‘stranded’’. 

9 (b) ENTANGLEMENT RESPONSE AGREEMENTS.— 

10 (1) IN GENERAL.—Section 403 of such Act (16 

11 U.S.C. 1421b) is amended— 

12 (A) by amending the section heading to 

13 read as follows: 

14 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

15 AGREEMENTS.’’; 

16 and 

17 (B) in subsection (a) by inserting ‘‘or en18 tanglement’’ before the period. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents at the end of the first section is amended by 

21 striking the item relating to section 403 and insert22 ing the following: 

‘‘Sec. 403. Stranding or entanglement response agreements.’’. 

23 (c) LIABILITY.—Section 406(a) of such Act (16 

24 U.S.C. 1421e(a)) is amended by inserting ‘‘or entangle25 ment’’ after ‘‘stranding’’. 

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1 (d) ENTANGLEMENT DEFINED.— 

2 (1) IN GENERAL.—Section 410 of such Act (16 

3 U.S.C. 1421h) is amended— 

4 (A) by redesignating paragraphs (1) 

5 through (6) in order as paragraphs (2) through 

6 (7); and 

7 (B) by inserting before paragraph (2) (as 

8 so redesignated) the following: 

9 ‘‘(1) The term ‘entanglement’ means an event 

10 in the wild in which a living or dead marine mammal 

11 has gear, rope, line, net, or other material wrapped 

12 around or attached to it and is— 

13 ‘‘(A) on a beach or shore of the United 

14 States; or 

15 ‘‘(B) in waters under the jurisdiction of 

16 the United States.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 408(a)(2)(B)(i) of such Act (16 U.S.C. 1421f– 

19 1(a)(2)(B)(i)) is amended by striking ‘‘section 

20 410(6)’’ and inserting ‘‘section 410(7)’’. 

21 (e) JOHN H. PRESCOTT MARINE MAMMAL RESCUE

22 ASSISTANCE GRANT PROGRAM.— 

23 (1) AUTHORIZATION OF APPROPRIATIONS FOR

24 GRANT PROGRAM.—Section 408(h) of such Act (16 

25 U.S.C. 1421f–1(h)) is amended— 

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1 (A) by striking ‘‘$5,000,000 for each of 

2 fiscal years 2001 through 2003’’ and inserting 

3 ‘‘$7,000,000 for each of fiscal years 2007 

4 through 2010’’; and 

5 (B) in paragraph (1) by striking 

6 ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’. 

7 (2) ADMINISTRATIVE COSTS AND EXPENSES.— 

8 Section 408 of such Act (16 U.S.C. 1421f–1) is 

9 amended— 

10 (A) by adding at the end of subsection 

11 (a)(1) the following: ‘‘All funds available to im12 plement this section shall be distributed to eligi13 ble stranding network participants for the pur14 poses set forth in this paragraph and paragraph 

15 (2), except as provided in subsection (f).’’; and 

16 (B) by amending subsection (f) to read as 

17 follows: 

18 ‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of 

19 the amounts available each fiscal year to carry out this 

20 section, the Secretary may expend not more than 6 per21 cent or $80,000, whichever is greater, to pay the adminis22 trative costs and administrative expenses to implement the 

23 grant program under subsection (a). Any such funds re24 tained by the Secretary for a fiscal year for such costs 

25 and expenses that are not used for such costs and exmstockstill on PROD1PC66 with BILLS

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1 penses before the end of the fiscal year shall be provided 

2 as grants under subsection (a).’’. 

3 (3) EMERGENCY ASSISTANCE.—Section 408 of 

4 such Act (16 U.S.C. 1421f–1) is amended— 

5 (A) in subsection (a) by redesignating 

6 paragraph (2) as paragraph (3), and by insert7 ing after paragraph (1) the following: 

8 ‘‘(2) Subject to the availability of appropriations, the 

9 Secretary may also enter into cooperative agreements, con10 tracts, or such other agreements or arrangements as the 

11 Secretary considers appropriate to address stranding 

12 events requiring emergency assistance.’’; 

13 (B) in subsection (d) by inserting ‘‘(1)’’ 

14 before the text, and by adding at the end the 

15 following: 

16 ‘‘(2) Funding for emergency stranding projects shall 

17 not be subject to the funding limit established in para18 graph (1).’’; 

19 (C) in subsection (e)— 

20 (i) in paragraph (1) by striking ‘‘The 

21 non-Federal’’ and inserting ‘‘Except as 

22 provided in paragraph (2), the non-Fed23 eral’’; 

24 (ii) by redesignating paragraph (2) as 

25 paragraph (3); and 

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1 (iii) by inserting after paragraph (1) 

2 the following: 

3 ‘‘(2) EMERGENCY ASSISTANCE.—No non-Fed4 eral contribution shall be required for funding for a 

5 response to an emergency stranding event.’’; and 

6 (D) in subsection (g) by redesignating 

7 paragraph (2) as paragraph (3) and inserting 

8 after paragraph (1) the following: 

9 ‘‘(2) EMERGENCY ASSISTANCE.—The term 

10 ‘emergency assistance’ means assistance provided for 

11 a stranding event that— 

12 ‘‘(A) is not an unusual mortality event as 

13 defined in section 409(6); 

14 ‘‘(B) leads to an immediate increase in re15 quired costs for stranding response, recovery, or 

16 rehabilitation in excess of regularly scheduled 

17 costs; 

18 ‘‘(C) may be cyclical or endemic; and 

19 ‘‘(D) may involve out-of-habitat animals.’’. 

20 (4) CONTRIBUTIONS.—Section 408 of such Act 

21 (16 U.S.C. 1421f–1) is amended by adding at the 

22 end the following: 

23 ‘‘(i) CONTRIBUTIONS.—For purposes of carrying out 

24 this section, the Secretary may solicit, accept, receive, 

25 hold, administer, and use gifts, devises, and bequests.’’. 

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1 (f) AUTHORIZATION OF APPROPRIATIONS FOR MA2 RINE MAMMAL UNUSUAL MORTALITY EVENT FUND.— 

3 Section 409(3) of such Act (16 U.S.C. 1421g(3)) is 

4 amended by striking ‘‘fiscal year 1993’’ and inserting 

5 ‘‘each of fiscal years 2007 through 2010’’. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Marine Mammal Rescue 

8 Assistance Amendments of 2008’’. 

9 SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. 

10 (a) COLLECTION AND UPDATING OF INFORMATION.— 

11 Section 402(b)(1)(A) of the Marine Mammal Protection Act 

12 of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amended by inserting 

13 ‘‘or entangled’’ after ‘‘stranded’’. 

14 (b) ENTANGLEMENT RESPONSE AGREEMENTS.— 

15 (1) IN GENERAL.—Section 403 of that Act (16 

16 U.S.C. 1421b) is amended— 

17 (A) by striking the section heading and in18 serting the following: 

19 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

20 AGREEMENTS.’’ ; and 

21 (B) in subsection (a) by striking ‘‘stand22 ing.’’ and inserting ‘‘stranding or entangle23 ment.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents for title IV of that Act is amended by striking 

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1 the item relating to section 403 and inserting the fol2 lowing: 

‘‘Sec. 403. Stranding or entanglement response agreements.’’. 

3 (c) LIABILITY.—Section 406(a) of such Act (16 U.S.C. 

4 1421e(a)) is amended by inserting ‘‘or entanglement’’ after 

5 ‘‘stranding’’. 

6 (d) ENTANGLEMENT DEFINED.— 

7 (1) IN GENERAL.—Section 410 of such Act (16 

8 U.S.C. 1421h) is amended— 

9 (A) by redesignating paragraphs (1) 

10 through (6) in order as paragraphs (2) through 

11 (7); and 

12 (B) by inserting before paragraph (2) (as so 

13 redesignated) the following: 

14 ‘‘(1) The term ‘entanglement’ means an event in 

15 the wild in which a living or dead marine mammal 

16 has gear, rope, line, net, or other material wrapped 

17 around or attached to it and is— 

18 ‘‘(A) on a beach or shore of the United 

19 States; or 

20 ‘‘(B) in waters under the jurisdiction of the 

21 United States.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 408(a)(2)(B)(i) of such Act (16 U.S.C. 1421f– 

24 1(a)(2)(B)(i)) is amended by striking ‘‘section 

25 410(6)’’ and inserting ‘‘section 410(7)’’. 

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1 (e) JOHN H. PRESCOTT MARINE MAMMAL RESCUE

2 AND RESPONSE FUNDING PROGRAM.— 

3 (1) AUTHORIZATION OF APPROPRIATIONS.—Sec4 tion 408(h) of such Act (16 U.S.C. 1421f–1(h)) is 

5 amended— 

6 (A) by striking ‘‘$5,000,000 for each of fis7 cal years 2001 through 2003’’ and inserting 

8 ‘‘$7,000,000 for each of fiscal years 2007 through 

9 2010’’; and 

10 (B) in paragraph (1) by striking 

11 ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’. 

12 (2) ADMINISTRATIVE COSTS AND EXPENSES.— 

13 Section 408(f) of such Act (16 U.S.C. 1421f–1) is 

14 amended to read as follows: 

15 ‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of the 

16 amounts available each fiscal year to carry out this section, 

17 the Secretary may expend not more than 6 percent or 

18 $80,000, whichever is greater, to pay the administrative 

19 costs and administrative expenses to implement the pro20 gram under subsection (a). Any such funds retained by the 

21 Secretary for a fiscal year for such costs and expenses that 

22 are not used for such costs and expenses before the end of 

23 the fiscal year shall be provided under subsection (a).’’. 

24 (3) EMERGENCY ASSISTANCE.—Section 408 of 

25 such Act (16 U.S.C. 1421f–1) is amended— 

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1 (A) in subsection (a)— 

2 (i) by striking paragraph (1) and in3 serting the following: 

4 ‘‘(a) IN GENERAL.—(1) Subject to the availability of 

5 appropriations, the Secretary shall conduct a program to 

6 be known as the John H. Prescott Marine Mammal Rescue 

7 and Response Funding Program, to provide for the recovery 

8 or treatment of marine mammals, the collection of data 

9 from living or dead stranded marine mammals for sci10 entific research regarding marine mammal health, facility 

11 operation costs that are directly related to those purposes, 

12 and stranding events requiring emergency assistance. All 

13 funds available to implement this section shall be distrib14 uted to eligible stranding network participants for the pur15 poses set forth in this paragraph and paragraph (2), except 

16 as provided in subsection (f).’’; 

17 (ii) by redesignating paragraph (2) as 

18 paragraph (4), and by inserting after para19 graph (1) the following: 

20 ‘‘(2) CONTRACT AUTHORITY.—To carry out the activi21 ties set out in paragraph (1), the Secretary may enter into 

22 grants, cooperative agreements, contracts, or such other 

23 agreements or arrangements as the Secretary deems appro24 priate. 

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1 ‘‘(3) EMERGENCY PRESCOTT FUND.—There is estab2 lished in the Treasury an interest bearing fund to be known 

3 as the ‘‘John H. Prescott Marine Mammal Rescue and Re4 sponse Emergency Fund’’, which shall consist of a portion 

5 of amounts deposited into the Fund under subsection (h) 

6 or received as contributions under subsection (i), and which 

7 shall remain available until expended without regard to 

8 any statutory or regulatory provision related to the negotia9 tion, award, or administration of any grants, cooperative 

10 agreements, and contracts.’’; 

11 (iii) by striking ‘‘designated as of the 

12 date of the enactment of the Marine Mam13 mal Rescue Assistance Act of 2000, and in 

14 making such grants’’ in paragraph (4), as 

15 redesignated, and inserting ‘‘as defined in 

16 subsection (g)(3). The Secretary’’; and 

17 (iv) by striking ‘‘subregions.’’ in para18 graph (4), as redesignated, and inserting 

19 ‘‘subregions where such facilities exist.’’; 

20 (B) by striking subsection (d) and inserting 

21 the following: 

22 ‘‘(d) LIMITATION.—Support for an individual project 

23 under this section may not exceed $200,000 per annum.’’; 

24 (C) in subsection (e)(1)— 

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1 (i) by striking ‘‘a grant’’ and inserting 

2 ‘‘funds’’; and 

3 (II) by inserting ‘‘Federal’’ after 

4 ‘‘such’’; and 

5 (D) in subsection (g) by redesignating para6 graph (2) as paragraph (3) and inserting after 

7 paragraph (1) the following: 

8 ‘‘(2) EMERGENCY ASSISTANCE.—The term ‘emer9 gency assistance’ means assistance provided for a 

10 stranding event— 

11 ‘‘(A) that— 

12 ‘‘(i) is not an unusual mortality event 

13 as defined in section 409(6); 

14 ‘‘(ii) leads to an immediate increase in 

15 required costs for stranding response, recov16 ery, or rehabilitation in excess of regularly 

17 scheduled costs; 

18 ‘‘(iii) may be cyclical or endemic; and 

19 ‘‘(iv) may involve out-of-habitat ani20 mals; or 

21 ‘‘(B) is found by the Secretary to qualify 

22 for emergency assistance.’’. 

23 (4) CONTRIBUTIONS.—Section 408 of such Act 

24 (16 U.S.C. 1421f–1) is amended by adding at the end 

25 the following: 

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1 ‘‘(i) CONTRIBUTIONS.—For purposes of carrying out 

2 this section, the Secretary may solicit, accept, receive, hold, 

3 administer, and use gifts, devises, and bequests without any 

4 further approval or administrative action.’’. 

5 (5) CONFORMING AMENDMENT.—The section 

6 heading for section 408 is amended to read as follows: 

7 ‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE 

8 AND RESPONSE FUNDING PROGRAM.’’. 

9 (f) AUTHORIZATION OF APPROPRIATIONS FOR MARINE

10 MAMMAL UNUSUAL MORTALITY EVENT FUND.—Section 

11 409(3) of such Act (16 U.S.C. 1421g(3)) is amended by 

12 striking ‘‘fiscal year 1993.’’ and inserting ‘‘each of fiscal 

13 years 2007 through 2010.’’. 

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Calendar No. 881 

110TH CONGRESS 

2D SESSION H. R. 1006 

[Report No. 110

–421] 

AN ACT 

To amend the provisions of law relating to the 

sistance Grant Program, and for other purposes. John H. Prescott Marine Mammal Rescue AsJULY 15, 2008 

Reported with an amendment 

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