Page:United States Statutes at Large Volume 106 Part 6.djvu/506

This page needs to be proofread.


106 STAT. 5064 PUBLIC LAW 102-587—NOV. 4, 1992 16 USC 1421d. "SEC. 306. UNUSUAL MORTALITY EVENT ACTIVnY FUNDING. "(a) ESTABLISHMENT OF FUND.—There is established in the Treasury a 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 incurred in acting in accordance with the contingency plan issued under section 304(b) or under the direction of an Onsite Coordinator for an unusual mortality event; and "(ii) for reimbursing any stranding network participant for costs incurred in preparing and transporting tissues collected with respect to an unusual mortality event for the Tissue Bank; and "(B) shall remain available until expended. "(2) PENDING CLAIMS. —I f 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). "(d) ACCEPTANCE OF DONATIONS.—For purposes of carrying out this title, the Secretary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests. 16 USC 1421e. "SEC. 306. LIABILITY. "(a) IN GENERAL.—A person who is authorized to respond to a stranding 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 304(b); "(B) the instructions of an Onsite Coordinator designated under section 304(c); or "(C) the best professioned 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.