IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 844 
IN THE SENATE OF THE UNITED STATES 
MARCH 3, 2009 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the provisions of law relating to the John H. 
Prescott Marine Mammal Rescue Assistance Grant Pro-
gram, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Mammal Res-
cue Assistance Amendments of 2009’’. 
SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. 
(a) COLLECTION
AND
UPDATING
OF
INFORMA-
TION.—Section 402(b)(1)(A) of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amend-
ed 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 en-
tanglement’’ before the period. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the end of the first section is amended by 
striking the item relating to section 403 and insert-
ing 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 entangle-
ment’’ after ‘‘stranding’’. 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
(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— 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
(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 im-
plement this section shall be distributed to eligi-
ble stranding network participants for the pur-
poses 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 per-
cent or $80,000, whichever is greater, to pay the adminis-
trative costs and administrative expenses to implement the 
grant program under subsection (a). Any such funds re-
tained by the Secretary for a fiscal year for such costs 
and expenses that are not used for such costs and ex-
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
penses 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 insert-
ing after paragraph (1) the following: 
‘‘(2) Subject to the availability of appropriations, the 
Secretary may also enter into cooperative agreements, con-
tracts, 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 para-
graph (1).’’; 
(C) in subsection (e)— 
(i) in paragraph (1) by striking ‘‘The 
non-Federal’’ and inserting ‘‘Except as 
provided in paragraph (2), the non-Fed-
eral’’; 
(ii) by redesignating paragraph (2) as 
paragraph (3); and 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
(iii) by inserting after paragraph (1) 
the following: 
‘‘(2) EMERGENCY
ASSISTANCE.—No non-Fed-
eral 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 re-
quired 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.’’. 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS
HR 844 RFS 
(f) AUTHORIZATION OF APPROPRIATIONS FOR MA-
RINE MAMMAL UNUSUAL MORTALITY EVENT 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’’. 
Passed the House of Representatives March 2, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Nov 24 2008 
23:12 Mar 03, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H844.RFS
H844
hsrobinson on PROD1PC76 with BILLS