U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–134 

Calendar No. 299 

THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE 

BOUNDARY MODIFICATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 485 

JANUARY 26, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

TODD BERTOSON, Republican Staff Director 

JARROD THOMPSON Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 299 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–134 

THUNDER BAY NATIONAL MARINE SANCTUARY AND 

UNDERWATER PRESERVE BOUNDARY MODIFICATION ACT 

JANUARY 26, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 485] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 485) to expand the boundaries of the 

Thunder Bay National Marine Sanctuary and Underwater Preserve, and for other purposes, having considered the same, reports 

favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 485, the Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act, is to 

extend the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve to encompass the offshore waters 

of Presque Isle and Alcona counties, Michigan, and outward to the 

international border between the United States and Canada, and 

to provide protection for the underwater cultural resources. 

BACKGROUND AND NEEDS

In 1972, Congress passed the Marine Protection, Research, and 

Sanctuaries Act of 1972 (MPRSA) (16 U.S.C. 1431 et seq.). Title III 

of that Act authorized the Secretary of Commerce (Secretary) to 

designate and permanently protect areas of national significance 

within the marine environment due to the importance of their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or aesthetic qualities. Under title II of the 

Oceans Act of 1992 (106 Stat. 5039), the National Marine SancVerDate Mar 15 2010 04:56 Jan 27, 2012 Jkt 019010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR134.XXX SR134

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tuaries Program Amendments Act of 1992 (NMSA) amended the 

MPRSA process for considering sanctuary designation standards 

and procedures. Currently, a total of 13 national marine sanctuaries and four national marine monuments encompass approximately 150,000 square miles of marine and Great Lakes waters. 

Sanctuaries vary in size from one square mile to 137,792 square 

miles. 

NMSA established the National Marine Sanctuary Program 

(NMSP), which is responsible for identifying, designating, and 

managing ocean and Great Lakes areas as national marine sanctuaries. NMSP has the authority to issue regulations for each sanctuary to specify the types of activities that can and cannot occur 

within sanctuary boundaries, which have the effect and enforceability of law. A designation document is prepared as part of a 

sanctuary’s designation process, which defines: (1) the area of the 

sanctuary; (2) the characteristics of the area that give it value; and 

(3) the types of activities that will be subject to regulation to protect those characteristics. The National Oceanic and Atmospheric 

Administration (NOAA) is authorized both to recover damages from 

responsible parties that injure sanctuary resources and to assess 

civil penalties for violations of sanctuary regulations. Most sanctuaries generally prohibit material discharges into the sanctuary, 

disturbance of seabed and cultural resources, and exploration and 

development of oil, gas, and minerals within the sanctuary. 

NMSP also establishes management plans, develops conservation 

policy, issues permits, and undertakes strategic planning for each 

sanctuary. Each sanctuary has a community-based Sanctuary Advisory Council, which is comprised of representatives from various 

public interest organizations, scientific and educational organizations, and commercial and recreational user groups, including fishermen, Government agencies, and local businesses. The Sanctuary 

Advisory Council advises the sanctuary manager on the designation and/or operation of a national marine sanctuary. 

Regulatory changes most often occur during a five-year Management Plan Review. During this process, Sanctuary Advisory Councils, working groups, and the public may identify issues that could 

lead to the decision to restrict or prohibit certain activities in the 

sanctuary. 

NMSA has been amended and reauthorized six times, most recently in 2000, which authorized funding through the end of fiscal 

year 2005. The 2000 reauthorization of NMSA included a provision 

that placed a limitation on the creation of new sanctuaries in an 

effort to address the impact of decreasing appropriations on the 

ability to provide sufficient maintenance and operation capabilities 

for established sanctuaries. However, the limitation does not prevent the expansion of existing sanctuaries. 

The existing 13 national marine sanctuaries and one national 

marine monument have been added through three different processes: (1) the NMSP process; (2) Congressional designation; and (3) 

Executive Order. The majority of the national marine sanctuaries 

were added through the NMSP process. However, the Hawaiian Islands Humpback Whale National Marine Sanctuary and the 

Stellwagen Bank National Marine Sanctuary were designated by 

provisions of the Oceans Act of 1992. The Florida Keys National 

Marine Sanctuary and Protection Act designated the Florida Keys 


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National Marine Sanctuary, which enveloped the existing Key 

Largo and Looe Key National Marine Sanctuaries in 1996. The Executive Branch used authorities provided by the Antiquities Act of 

1906 (16 U.S.C. 431) to designate the Papahanaumokuakea National Monument, the Marianas Trench Marine National Monument, the Pacific Remote Islands National Monument, and the 

Rose Atoll Marine National Monument as marine national monuments. Papahanaumokuakea National Monument is also a national 

marine sanctuary. To date, the Congress also has enacted legislation to expand the boundaries of one existing sanctuary. The National Marine Sanctuaries Preservation Act of 1996 added Stetson 

Bank to the Flower Garden Banks National Marine Sanctuary. 

The Thunder Bay National Marine Sanctuary was designated on 

October 7, 2000, marking the establishment of the first Great 

Lakes sanctuary. It was established for the purposes of providing 

long-term protection and management to more than 100 shipwrecks located entirely in State waters. The Sanctuary is located 

off the northeast coast of Michigan’s Lower Peninsula, marked by 

the northern and southern limits of Alpena County and encompasses 448 square miles of Lake Huron and 115 miles of shoreline. 

The legislation would expand the Sanctuary’s boundaries to include a total of 225 miles of shoreline and 3,722 square miles of 

water. The expansion would provide protection to more than 200 

additional shipwrecks important to the maritime history of Michigan and the Great Lakes. These archeological sites are also one of 

the Nation’s best-preserved and historically-significant collections 

of shipwrecks. 

SUMMARY OF PROVISIONS

The Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Modification Act would extend the Sanctuary’s 

boundaries to include 3,722 square miles of Lake Huron and 225 

miles of shoreline off Alcona, Alpena, and Presque Isle Counties in 

Michigan, and would extend the Sanctuary east to the International Boundary. This expansion would include more than 200 

additional shipwrecks and would protect the remains of various 

commercial fishing sites, historic docks, and other underwater archaeological sites. 

The regulations currently applicable to the Sanctuary would 

apply to the new area included in the Sanctuary unless the Secretary specifies otherwise. To the extent practicable, NOAA would 

apply the existing management plan to the area added to the Sanctuary. 

A provision clarifies that no additional appropriations are made 

or authorized for the Thunder Bay National Marine Sanctuary and 

Underwater Preserve under the Act. 

LEGISLATIVE HISTORY

The Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Act was introduced by Senator Levin on March 

3, 2011, and referred to the Committee on Commerce, Science, and 

Transportation of the Senate. The legislation as introduced was 

identical to bills introduced previously in the 110th and 111th Congresses. During the 110th Congress, the Committee on Commerce, 


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Science, and Transportation held a hearing to consider the legislation on May 6, 2008. The Committee on Commerce, Science, and 

Transportation reported the bill with an amendment favorably on 

May 5, 2011. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 485—Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Modification Act 

S. 485 would expand the boundary of the Thunder Bay National 

Marine Sanctuary and Underwater Preserve, located in Lake 

Huron and managed jointly by the National Oceanic and Atmospheric Administration (NOAA) and the state of Michigan. The proposed boundary expansion would encompass submerged lands within the Michigan counties of Presque Isle and Acona, ranging northward to the United States-Canada border. 

Under the bill, the Thunder Bay National Marine Sanctuary and 

Underwater Preserve would be expanded from 448 square miles to 

about 4,000 square miles. Based on information provided by NOAA, 

CBO estimates that managing the new areas that would be added 

to the sanctuary would cost about $1 million a year over the 2012– 

2016 period assuming the availability of appropriated funds. Enacting S. 485 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

S. 485 contains no intergovernmental or private-sector mandates 

as define in the Unfunded Mandates Reform Act and would impose 

no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The reported bill would not authorize any new regulations and 

therefore would not subject any individuals or businesses to new 

regulations. 

ECONOMIC IMPACT

The bill, as reported, is expected to have a positive impact on the 

nation’s economy by increasing tourism and expanding sanctuary 

designation for historic resources. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 


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PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. The bill would require the Secretary to produce 

updated NOAA nautical charts for the areas in which the Sanctuaries are located and complete an interim supplemental management plan for the Sanctuaries to include the expansion areas. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the legislation may be cited as 

the ‘‘Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Modification Act.’’ 

Section 2. Findings and purposes 

This section would state that the purpose of the Act is to expand 

the boundaries of the Thunder Bay National Marine Sanctuary and 

Underwater Preserve to encompass the offshore waters of Presque 

Island and Alcona counties in Michigan and outward to the international border between the United States and Canada to protect 

the underwater cultural resources. 

Section 3. Definitions 

This section would define ‘‘Sanctuary’’ as the Thunder Bay National Marine Sanctuary and Underwater Preserve, and ‘‘Secretary’’ as the Secretary of Commerce. 

Section 4. Sanctuary boundary adjustments 

This section would modify the existing Thunder Bay National 

Marine Sanctuary and Underwater Preserve boundaries to include 

the submerged land and underwater resources off of Alcona, 

Alpena, and Presque Isle counties in Michigan and outward to the 

international boundary with Canada. It would also permit the Secretary to make minor adjustments to the boundary to facilitate enforcement and clarify the boundary to the public. The modified 

Sanctuary would be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine 

Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that Act. 

The Secretary would produce updated NOAA nautical charts for 

the area in which the Sanctuary is located. 

Section 5. Extension of regulations and management 

This section would apply existing regulations of the Thunder Bay 

National Marine Sanctuary and Underwater Preserve to the expanded sanctuary, unless the Secretary specifies otherwise by regulation. In addition, the Secretary would have the authority to certify that any license, permit, approval, other authorization, or right 

to conduct a prohibited activity that currently exists in the sancVerDate Mar 15 2010 04:56 Jan 27, 2012 Jkt 019010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR134.XXX SR134

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tuary shall apply to such an activity conducted within the expanded sanctuary. To the extent practicable, the Secretary would 

apply the management plan currently in effect for the sanctuary to 

the expanded sanctuary. 

Section 6. Construction 

This section would clarify that no additional appropriations are 

made, authorized, or required for the Thunder Bay National Marine Sanctuary and Underwater Preserve under the Act. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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