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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 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
entanglement'' before the period.
(2) Clerical amendment.--The table of contents at the end
of the first section 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) 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--
(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 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).''; 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 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the grant
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 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 inserting after paragraph
(1) the following:
''(2) Subject to the availability of appropriations, the Secretary
may also enter into cooperative agreements, contracts, 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 paragraph (1).'';
(C) in subsection (e)--
(i) in paragraph (1) by striking ''The non-
Federal'' and inserting ''Except as provided in
paragraph (2), the non-Federal'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
''(2) Emergency assistance.--No non-Federal 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 required
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.''.
(f) Authorization of Appropriations for Marine 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.
Output:
Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements.

Authorizes appropriations (at an increased annual level) through FY2013 to carry out the existing John H. Prescott Marine Mammal Rescue Assistance Grant Program.

Authorizes cooperative agreements, contracts, or other agreements or arrangements to address stranding events requiring emergency assistance.

Authorizes appropriations through FY2013 to the Marine Mammal Unusual Mortality Event Fund.