89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–483 

MARIANAS TRENCH MARINE NATIONAL MONUMENT 

VISITOR FACILITY AUTHORIZATION ACT OF 2010 

MAY 18, 2010.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3511] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3511) to authorize the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National Monument, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Marianas Trench Marine National Monument Visitor Facility Authorization Act of 2010’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) The terms ‘‘Marine National Monument’’ or ‘‘monument’’ mean the Marianas Trench Marine National Monument established by the President by a 

proclamation dated January 6, 2009. 

(2) The term ‘‘Secretary’’ means the Secretary of the Interior. 

SEC. 3. MARIANAS TRENCH MARINE NATIONAL MONUMENT VISITOR FACILITY. 

(a) VISITOR FACILITY AUTHORIZATION.—The Secretary is authorized to construct a 

multipurpose visitor facility in the Commonwealth of the Northern Mariana Islands 

for the interpretation and public education and enjoyment of the marine environment within the boundaries of the Marine National Monument. 

(b) VISITOR FACILITY LOCATION AND DESCRIPTION.— 

(1) IN GENERAL.—The Secretary shall locate the visitor facility authorized 

under subsection (a) in the Northern Mariana Islands at a location suitable to 

fulfill the purposes of this Act. 


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(2) COMPONENTS OF VISITOR FACILITY.—The facility authorized under subsection (a) shall include— 

(A) adequate space for permanent and temporary exhibits depicting the 

biological, geological, archaeological, cultural, and recreational heritage of 

the monument; 

(B) a venue for public education and interpretive programs relevant to 

the natural, cultural, and aesthetic resources of the monument, including 

formal classroom space to provide opportunities for research, training, and 

formal education regarding the monument; 

(C) a location to highlight the importance of the marine environment and 

the resources of the monument to the people and culture of the Commonwealth of the Northern Mariana Islands and other indigenous people and 

cultures of the Western Pacific Ocean Basin; 

(D) a location to provide information to the general public about natural 

resources, parks, museums, cultural resources, opportunities for wildlife-dependent outdoor recreation, and travel within the Commonwealth of the 

Northern Mariana Islands that provide opportunities for the visiting public 

to actively or passively experience the monument and to gain greater 

awareness and appreciation of the resources therein; 

(E) sufficient visitor amenities including restrooms, public telephones, 

drinking water, and other basic facilities; and 

(F) administrative office space sufficient to fulfill the management obligations and responsibilities of the Secretary and other Federal agencies as 

specified in the monument’s enabling proclamation. 

SEC. 4. DONATIONS. 

For the purposes of the planning, construction, and operation of the visitor facility 

authorized under section 3 of this Act, the Secretary may accept, retain, and expend 

donations of funds, and use property or services donated from private persons and 

entities or from public entities. 

PURPOSE OF THE BILL

The purpose of H.R. 3511, as ordered reported, is to authorize 

the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National 

Monument, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

On January 6, 2009, in recognition of the unique biological, ecological, geological and cultural heritage of the lands, waters and 

submerged lands of the Mariana Ridge, President George W. Bush 

signed Presidential Proclamation 8335 to establish the Marianas 

Trench Marine National Monument. The creation of this monument, encompassing approximately 95,216 square miles, will ensure the protection of rare and scientifically significant marine resources including the biologically rich waters of the archipelago’s 

northern islands, as well as the unique geological and volcanic phenomena of the Mariana Ridge, including the Challenger Deep, the 

deepest part of Earth’s oceans. 

The monument is composed of three units, the ‘‘Islands Unit’’ 

which includes the waters and submerged lands of the three northernmost Mariana Islands; the ‘‘Volcanic Unit,’’ made up of the submerged lands within one nautical mile of 21 designated volcanic 

sites; and the ‘‘Trench Unit,’’ which extends from the northern limit 

of the Exclusive Economic Zone of the United States in the Commonwealth of the Northern Mariana Islands to the southern limit 

of the Exclusive Economic Zone of the United States in Guam, following the geographical footprint of the Mariana Trench. 

Under the terms of the proclamation the Secretary of the Interior 

has management responsibility for the monument, in consultation 

with the Secretary of Commerce, except with respect to fishery-reVerDate Mar 15 2010 00:36 May 20, 2010 Jkt 089006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR483.XXX HR483

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1 Under Secretarial Order 3284, issued on January 16, 2009, the authority given to the Secretary of the Interior to manage the monument was delegated to the U.S. Fish and Wildlife 

Service (FWS). This order directed that the Trench and Volcanic Units be managed as units of 

the National Wildlife Refuge System, and the Island Unit be similarly managed by the Director 

of the FWS but not as a part of the National Wildlife Refuge System. 

lated activities regulated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, over which the Secretary 

of Commerce will have primary management responsibility.1 The 

proclamation calls for the Secretaries of Commerce and the Interior 

to permit scientific exploration and research within the monument, 

prohibit commercial fishing within the Islands Unit, and ensure 

that subsistence, recreational, and traditional indigenous fishing 

will be managed as a sustainable activity. 

The Secretaries of the Interior and Commerce are also required 

to establish management plans for the monument to encourage 

public education and outreach, promote monument-related scientific exploration and research, tourism, and recreational and economic activities, and allow for traditional access to indigenous peoples for culturally significant subsistence, cultural, and religious 

uses. 

In addition, the proclamation requires that the Commonwealth of 

the Northern Mariana Islands be treated as a cooperating agency 

in regard to long-term planning and the establishment of an advisory council. 

COMMITTEE ACTION

H.R. 3511 was introduced on July 31, 2009 by Congressman 

Gregorio Sablan (D–MP). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Insular Affairs, Oceans and Wildlife. On February 

25, 2010, the Subcommittee held a hearing on the bill. On May 5, 

2010, the Subcommittee was discharged from the further consideration of H.R. 3511 and the full Natural Resources Committee met 

to consider the bill. Congressman Henry Brown (R–SC) offered an 

amendment striking Section 4 of the bill which authorized such 

sums as were necessary to fulfill the purposes of the Act. The 

amendment was adopted by voice vote. The bill, as amended, was 

then ordered favorably reported to the House of Representatives by 

voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘‘Marianas 

Trench Marine National Monument Visitor Facility Authorization 

Act of 2010.’’ 

Section 2. Definitions 

This section defines the term ‘‘Marine National Monument’’ as 

the Marianas Trench Marine National Monument established by 

Presidential proclamation on January 6, 2009, and provides that 

the term ‘‘Secretary’’ means the Secretary of the Interior. 


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Section 3. Marianas Trench Marine National Monument Visitor Facility 

This section authorizes the Secretary to construct a multipurpose 

visitor facility in the Commonwealth of the Northern Mariana Islands for interpretation, public education and enjoyment of the marine environment within the boundaries of the Marine National 

Monument. 

Section 4. Donations 

This section authorizes the Secretary to accept donations of 

funds, services and property for the planning, construction and operation of the visitor facility authorized to be constructed under 

this Act. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution 

of the United States grants Congress the authority to enact this 

bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize the Secretary of the Interior to establish 

and operate a visitor facility to fulfill the purposes of the Marianas 

Trench Marine National Monument, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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H.R. 3511—Marianas Trench Marine National Monument Visitor 

Facility Authorization Act of 2009 

Summary: H.R. 3511 would authorize the Secretary of the Interior to construct a visitor center at the Marianas Trench Marine 

National Monument. The bill also would allow the Secretary to collect and spend donations to support the construction and operation 

of the visitor center. 

Based on information from the Fish and Wildlife Service (FWS) 

and assuming appropriation of the necessary amounts, CBO estimates that implementing the legislation would cost $19 million 

over the 2011–2015 period. Enacting the legislation could increase 

offsetting receipts (from private donations) and associated direct 

spending; therefore, pay-as-you-go procedures would apply. However, CBO estimates that the net effects would be negligible for 

each year. Enacting the bill would not affect revenues. 

H.R. 3511 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3511 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011–2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .......................................................... 18 * * * * 19 

Estimated Outlays ............................................................................ 8 8 2 * * 19 

Note: * = less than $500,000. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted late in fiscal year 2010 and that the necessary amounts will be appropriated for each fiscal year. Estimated 

outlays are based on historical spending patterns for similar activities. 

H.R. 3511 would authorize the construction of a visitor center at 

the Marianas Trench Marine National Monument. Based on information from the FWS, CBO estimates that constructing the facility 

would cost about $18 million and that operating costs for the visitor center would be less than $500,000 annually. Assuming appropriation of the necessary amounts, we estimate that implementing 

the legislation would cost $19 million over the 2011–2015 period. 

Pay-as-you-go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. H.R. 3511 

could increase offsetting receipts (from private donations) and associated direct spending; therefore, pay-as-you-go procedures would 

apply. However, CBO estimates that any increase in offsetting receipts from donations would be less than $500,000 a year and 

would be offset by similar increases in direct spending. The net 

budgetary changes that are subject to pay-as-you-go procedures are 

shown in the following table. 


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3511, THE MARIANAS TRENCH MARINE NATIONAL MONUMENT VISITOR FACILITY AUTHORIZATION ACT OF 2009, AS ORDERED REPORTED 

BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 

Intergovernmental and private-sector impact: H.R. 3511 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 3511 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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