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[Senate Report 106-353]
[From the U.S. Government Publishing Office]

106th Congress 
 2d Session                      SENATE                          Report
                                                                106-353
_______________________________________________________________________

                                     

                                                       Calendar No. 702

 
              NATIONAL MARINE SANCTUARIES AMENDMENTS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1482

                 July 21, 2000.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred sixth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi              Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia

                       Mark Buse, Staff Director

                   Ann H. Choiniere, General Counsel

               Kevin D. Kayes, Democratic Staff Director

                  Moses Boyd, Democratic Chief Counsel

                Gregg Elias, Democratic General Counsel

                                  (ii)
                                                       Calendar No. 702
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-353

======================================================================

               NATIONAL MARINE SANCTUARIES AMENDMENTS ACT

                                _______
                                

                 July 21, 2000.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1482]

  The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1482) ``A bill to amend the 
National Marine Sanctuaries Act, and for other purposes'', 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  S. 1482, as reported, would reauthorize the National Marine 
Sanctuaries Act for six years, authorize funding levels for the 
program for those years, and make changes to improve the 
operation of the program.

                          Background and Needs

  In response to public concerns over ocean pollution, Congress 
enacted the Marine Protection, Research and Sanctuaries Act in 
1972 (16 U.S.C. 1431 et seq.). It authorized the Secretary of 
Commerce to designate areas of the marine environment with 
nationally significant ecological, historical, recreational, 
and aesthetic values as National Marine Sanctuaries (NMS). The 
National Marine Sanctuaries Program is administered by the 
National Oceanic and Atmospheric Administration (NOAA). Since 
the law was enacted, it has been amended and reauthorized in 
1980 (P.L. 96-332), 1984 (P.L. 98-498), 1988 (Title II of P.L. 
100-627), 1992 (P.L. 102-587), and 1996 (P.L. 104-283). 
Additionally, the Florida Keys National Marine Sanctuary was 
designated by legislation in 1990 under the Florida Keys 
National Marine Sanctuary and Protection Act (P.L. 101-605).
  Marine sanctuaries, similar in concept to a national park on 
land, may protect marine habitats such as coral reefs or 
preserve cultural or historical assets, such as shipwrecks. The 
primary goal of a marine sanctuary is to preserve, and possibly 
enhance, the assets of the site while allowing for compatible 
public and private uses. The extent to which each sanctuary 
allows or restricts these uses is determined on a site-by-site 
basis through an open public process. As a general rule, 
activities like drilling, mining, dredging, dumping waste, or 
removing artifacts are prohibited, but shipping, commercial 
fishing, sport fishing, boating, scuba diving, and marine 
tourism are generally allowed where practicable. Scientific 
research and outreach programs are established at each 
sanctuary to maximize the public benefits and understanding of 
these areas.
  Management of fisheries within the 200 mile Exclusive 
Economic Zone is coordinated with the appropriate regional 
fishery management council under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The Act 
requires the Secretary to provide regional fishery management 
councils the opportunity to prepare draft fishing regulations 
(guided by the National Standards of the Magnuson-Stevens Act) 
which are necessary to implement a proposed sanctuary 
management plan. The Secretary must accept and issue these 
regulations as final unless he finds the council's proposed 
regulations fail to fulfill the purposes and policies of the 
Act.
  Each marine sanctuary handles public access to resources 
differently. The sanctuary system provides managers with the 
opportunity to test management measures on a small scale before 
they are applied to other Federal and state coastal programs. 
This gives managers the data necessary to improve public 
confidence in proposed management measures. These measures have 
included recreational use zones and areas that require the use 
of moorings.
  Six of the twelve existing marine sanctuaries have been 
designated since 1990. One additional sanctuary, Thunder Bay 
(MI) is under development and is expected to be formally 
designated in the near future. These marine sanctuaries include 
a wide variety of marine habitats such as deep ocean gardens, 
near shore coral reefs, whale migration corridors, deep sea 
canyons, and underwater archaeological sites. In total, these 
sanctuaries protect nearly 18,000 square miles of ocean and 
coastal habitats. The following is a list of the existing 
sanctuaries: Channel Islands (CA), Gulf of the Farallones (CA), 
Cordell Banks (CA), Hawaiian Islands (HI), Fagatele Bay 
(American Samoa), Monitor (NC), Florida Keys (FL), Monterey Bay 
(CA), Flower Garden Bank (TX), Olympic Coast (WA), Gray's Reef 
(GA), and Stellwagen Banks (MA).

                          Legislative History

  On June 30, 1999, a hearing on the National Marine 
Sanctuaries program was held by the Subcommittee on Oceans and 
Fisheries. Testimony was provided by the Deputy Assistant 
Secretary of Commerce for Oceans and Atmosphere and members of 
the conservation and fishing communities. Witnesses testified 
on diverse aspects of the sanctuary program including funding 
priorities, multiple use of sanctuary assets, and public 
education and outreach.
  S. 1482 was introduced on August 4, 1999, by Senators Snowe, 
Kerry, McCain, Hollings, and Breaux and referred to the 
Committee on Commerce, Science, and Transportation. Senator 
Kennedy is also a cosponsor.
  On April 13, 2000, the bill was considered by the Committee 
in an open executive session. Senators Snowe and Kerry offered 
an amendment and the Committee, without objection, ordered S. 
1482 reported as amended. The Snowe-Kerry amendment clarified 
the requirements of the Secretarial finding for new sanctuary 
designations and sunset the limitation on new designations 
concurrent with the authorization period. The amendment also 
added one year to the authorization period.

                      Summary of Major Provisions

  S. 1482, as amended, authorizes the National Marine 
Sanctuaries Act (NMSA) at $30 million in FY 2000 and increases 
annual funding by $2 million per year to $40 million in FY 
2005.
  Previous funding limitations have hampered the ability of the 
12 existing sanctuaries to become fully operational. Therefore, 
S. 1482, as amended, directs the Secretary of Commerce to focus 
short-term efforts on developing and improving the operational 
capacity of existing sanctuaries before proposing the 
designation of additional sites. This is consistent with NOAA's 
stated plans for fiscal years 2000-2004. S. 1482, as amended, 
requires the Secretary to submit a finding to Congress before a 
sanctuary designation notice of intent is published in the 
Federal Register. Prior to such publication, the Secretary must 
make a finding concerning the operational status of the 
existing sanctuaries. The Secretary must find that the proposed 
new sanctuary will not have a negative impact on the sanctuary 
system as a whole. In addition, he must find that each existing 
sanctuary has (1) an operational level of facilities, 
equipment, and employees; (2) a plan for enforcement within its 
boundaries; (3) sufficient resources within that fiscal year to 
effectively implement the sanctuary management plan; (4) 
completed site characterization studies and management plan 
review or a plan and schedule for completion of these 
activities; and (5) a list of priorities for the sanctuary and 
a strategy to address them. In addition, S. 1482, as amended, 
requires at least one such finding to be published during the 
authorization period. This finding requirement expires with the 
end of the authorization period on September 30, 2004 and does 
not apply to the proposed Thunder Bay Sanctuary.
  S. 1482, as amended, also authorizes the Secretary to develop 
educational and interpretive facilities to promote the 
sanctuary program. Due to the remote location of many of the 
sanctuaries, easily accessible facilities are needed to educate 
the public about the marine environment and the benefits of the 
sanctuary program.
  S. 1482, as amended, authorizes criminal penalties for 
interfering with the enforcement of this Act. The reported bill 
also authorizes the sanctuaries to partner with state 
enforcement authorities and requires each sanctuary to include 
an enforcement strategy in its management plan. These 
partnerships are intended to maximize enforcement coverage in 
coastal areas.

                            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:
  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:

               congressional budget office cost estimate

S. 1842--National Marine Sanctuaries Enhancement Act of 2000

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that implementing S. 1482 would cost the federal 
government $172 million over the 2000-2005 period. The bill 
could affect direct spending and governmental receipts; 
therefore, pay-as-you-go procedures would apply. CBO estimates, 
however, that any effects on receipts or direct spending would 
be minimal. S. 1482 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no significant costs on state, local, 
or tribal governments.
    S. 1482 would amend the National Marine Sanctuaries Act, 
which authorizes and governs the National Marine Sanctuaries 
System (NMSS) administered by the National Oceanic and 
Atmospheric Administration (NOAA). The amendments would 
streamline the process for designating new sites for the NMSS 
and strengthen existing enforcement measures.
    The bill would authorize the appropriation of $210 million 
over the 2000-2005 period for operation of the NMSS, including 
$30 million for 2000, $32 million for 2001, $34 million for 
2002, $36 million for 2003, $38 million for 2004, and 40 
million for 2005. For fiscal year 2000, $26 million has been 
appropriated for the system to date.
    In addition to amendments made to streamline or enhance the 
NMSS program and to authorize appropriations for the system, 
other provisions of the bill would:
           Impose criminal penalties on persons who 
        interfere with investigations into violations of laws 
        that protect marine sanctuary resources;
           Change the way NOAA sets fees for special 
        use permits at sanctuaries;
           Allow the agency to apply for, accept, and 
        use grant funds, from state, local, and regional 
        government agencies; and
           Authorize the agency to accept and use 
        donations from nonprofit groups (under cooperative 
        agreements) and others in carrying out activities at 
        national sanctuaries.
    Other provisions of the bill, most of which would make 
technical amendments to the National Marine Sanctuaries Act, 
would have little or no effect on the federal budget.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1482 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--
                                                           -----------------------------------------------------
                                                              2000     2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
NMSS Spending Under Current Law:
    Budget Authority \2\..................................       26        0        0        0        0        0
    Estimated Outlays.....................................       21        7        3        2        0        0
Proposed Changes:
    Authorization Level...................................        4       32       34       36       38       40
    Estimated Outlays.....................................        3       26       32       35       37       39
NMSS Spending Under S. 1482:
    Authorization Level...................................       30       32       34       36       38       40
    Estimated Outlays.....................................       24       33       35       37       37       39
----------------------------------------------------------------------------------------------------------------
\1\ CBO estimates that enactment of this bill also could affect direct spending and receipts, but any amounts
  would be negligible.
\2\ The 2000 level is the amount appropriated for that year for the NMSS.

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the entire amounts authorized for all activities 
will be appropriated in each fiscal year. Outlays are based on 
historical spending patterns for the affected programs.
    Several provisions of the bill could affect governmental 
receipts or offsetting receipts (a credit against direct 
spending). Because all of the changes in such receipts would be 
offset by equal changes in direct spending, none of these 
provisions would have any net effect on the federal budget. 
Moreover, most such changes would be negligible. These 
provisions are:
           Section 8, which would impose criminal 
        penalties on persons who interfere with the 
        investigation by authorized officers into violations of 
        laws that protect marine sanctuary resources;
           Section 11, which could result in lower 
        receipts by allowing NOAA to accept in-kind 
        contributions in lieu of certain fees at marine 
        sanctuaries;
           Section 12, which would allow NOAA to accept 
        and use grants provided by state, local, or regional 
        government agencies; and
           Section 17, which would clarify that NOAA 
        may authorize the use of certain NMSS symbols by others 
        helping the agency to benefit the system.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Several 
provisions of S. 1482 could affect direct spending and 
governmental receipts. CBO estimates that these provisions 
would have no significant effect on the federal budget in any 
year.
    Intergovernmental and private-sector impact: S. 1482 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no significant costs on state, 
local, or tribal governments.
    Previous CBO estimate: On July 1, 1999, CBO transmitted a 
cost estimate for H.R. 1243, the National Marine Sanctuaries 
Enhancement Act of 1999, as ordered reported by the House 
Committee on Resources on June 9, 1999. H.R. 1243 would 
reauthorize the National Estuaries Research Reserve System as 
well as the NMSS and would authorize money for new construction 
activities at NMSS sites. In addition, the House bill would 
authorize the appropriation of $26 million annually for ongoing 
NMSS activities, which is less than the amounts in the Senate 
bill.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Victoria Heid Hall. 
Impact on the Private Sector: Natalie Tawil.
    Estimate approved by: Peter H. Fontaine, Depute 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: Because S. 1482, as amended, does not 
create any new programs, the legislation will have no 
additional regulatory impact, and will result in no additional 
reporting requirements.

                       number of persons covered

  The legislation will have no additional effect on the number 
or types of individuals and businesses regulated.

                            economic impact

  The legislation will have no additional effect on the 
economic impact of such regulation.

                                privacy

  The legislation will have no additional effect on the 
personal privacy of affected individuals.

                               paperwork

  The legislation will have no additional effect on the 
paperwork required from such individuals and businesses.

                      Section-by-Section Analysis

Section 1. Short Title

  This section of the bill cites the short title of the 
reported bill as the ``National Marine Sanctuaries Amendments 
Act of 2000.''

Section 2. Amendment of National Marine Sanctuaries Act

  This section of the reported bill identifies the National 
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) as the 
law that will be amended.

Section 3. Findings, Purposes, and Policies

  This section of the reported bill clarifies the findings, 
purposes, and policies. Section 3(a) amends section 1431(a) of 
title 16, U.S. Code, to recognize the cultural and 
archaeological importance of certain areas of the marine 
environment.
  Section 3(b) amends section 1431(b) of title 16, U.S. Code, 
to include maintaining natural biodiversity and biological 
communities, and the promotion of coordinated scientific 
research, long-term monitoring, and innovative management 
techniques as part of the purposes and policies of the NMSA.

Section 4. Definitions

  This section of the reported bill amends section 1432 of 
title 16, U.S. Code, to revise certain definitions contained in 
the NMSA. The definition of ``damages'' is expanded to include 
the cost of curation and conservation of archaeological, 
historical, and cultural sanctuary resources. Response Costs is 
amended to include enforcement activities related to any 
incident. The term sanctuary resource is expanded to include 
culturally and archaeologically important resources. A new 
definition of system is added to refer to the National Marine 
Sanctuary System established by section 5 of the reported bill.

Section 5. Sanctuary Designation Standards

  This section of the reported bill amends section 1433 of 
title 16, U.S. Code, to establish the existing sanctuaries as 
the National Marine Sanctuaries System. It also adds three new 
factors for the Secretary to consider during the proposal of 
new sanctuaries--biodiversity, ecological importance, and 
archaeological/cultural/historical importance.
  This section of the reported bill also requires the Secretary 
to submit a finding to Congress prior to publishing a notice of 
intent to designate a new sanctuary that states whether each 
existing sanctuary has an operational level of facilities, a 
list of priorities it considers most urgent and strategies to 
address those priorities, a plan and schedule for the 
completion of site characterizations and management plan 
review, and a plan for enforcement within the sanctuary 
boundaries. This finding requirement does not apply to the 
proposed Thunder Bay National Marine Sanctuary. This section of 
the reported bill also requires the Secretary to submit at 
least one such finding to Congress prior to September 30, 2004. 
This provision expires on September 30, 2004.

Section 6. Procedures for Designation and Implementation

  This section of the reported bill amends section 1434(a) of 
title 16, U.S. Code, to clarify and streamline the procedures 
the Secretary must follow to designate sanctuaries. This 
section requires the Secretary to prepare a set of designation 
documents to propose a new sanctuary. It also requires the 
Secretary to provide to Congress notice of a new sanctuary 
proposal.

Section 7. Prohibited Activities

    This section of the reported bill amends section 1436 of 
title 16, U.S. Code, to clarify that it is illegal to offer for 
sale, purchase, import, or export sanctuary resources. In 
addition, this section clarifies additional activities that 
constitute interfering with enforcement.

Section 8. Enforcement

  This section of the reported bill amends section 1437 of 
title 16, U.S. Code, to authorize certain law enforcement 
officials to arrest a person if there is reasonable cause to 
believe such person has committed a prohibited activity under 
this Act. This section also authorizes criminal penalties for 
interfering with the enforcement of this Act. In addition, this 
section authorizes the Secretary to subpoena electronic files 
in connection with an investigation under this Act.

Section 9. Regulatory Authority

  This section of the reported bill amends section 1439 of 
title 16, U.S. Code, to clarify the Secretary's authority to 
issue regulations under this Act.

Section 10. Research, Monitoring, and Education

  This section of the reported bill amends section 1440 of 
title 16, U.S. Code, to authorize the Secretary to support or 
coordinate monitoring and research activities carried out by 
universities, non-profit groups, and other government agencies. 
This section authorizes NOAA to enter into partnerships with 
third parties to promote marine sanctuaries.

Section 11. Special Use Permits

  This section of the reported bill amends section 1441 of 
title 16, U.S. Code, to require the Secretary to notify the 
public before identifying an activity under a special use 
permit. In addition, it requires the permittee to purchase 
liability insurance against potential claims arising out of the 
permitted activity. This section authorizes the Secretary to 
waive or reduce special permit fees for non-profit activities 
associated with sanctuary resources, or activities deemed 
beneficial to the system by the Secretary.

Section 12. Cooperative Agreements

  This section of the reported bill amends section 1442 of 
title 16, U.S. Code, to authorize the Secretary to apply for, 
accept, and use grants from government entities, agencies, 
foundations, or other persons to further the purposes of this 
Act.

Section 13. Technical Changes

  This section of the reported bill amends section 1443(a) of 
title 16, U.S. Code, to make several technical changes. It also 
sets a statute of limitations for resource damage assessment 
actions.

Section 14. Authorization of Appropriations

  This section of the reported bill amends section 1444 of 
title 16, U.S. Code, to authorize $30 million in fiscal year 
2000; $32 million for FY 2001; $34 million in FY 2002; $36 
million in FY 2003; $38 million in FY 2004; and $40 million in 
FY 2005.

Section 15. U.S.S. Monitor

  This section of the reported bill amends section 1445 of 
title 16, U.S. Code, to make a technical change related to the 
interpretation and display of artifacts from the U.S.S. 
Monitor.

Section 16. Advisory Councils

  This section of the reported bill amends section 1446 of 
title 16, U.S. Code, to make a technical change to the Advisory 
Council provisions.

Section 17. Enhancement

  This section of the reported bill amends section 1447 of 
title 16, U.S. Code, to authorize the use of the national 
marine sanctuary symbol by parties engaged in a formal 
collaboration with the sanctuary program.
  This section of the reported bill also authorizes the 
Secretary to enter into agreements with non-profit 
organizations to assist in the administration of the 
sponsorship program. Under such an agreement, the non-profit 
organization may retain up to 5 percent of the contributed 
funds to offset administrative costs.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                    NATIONAL MARINE SANCTUARIES ACT

SEC. 301. FINDINGS, PURPOSES, AND POLICIES. [16 U.S.C. 1431]

  (a) Findings.--The Congress finds that--
          (1) this Nation historically has recognized the 
        importance of protecting special areas of its public 
        domain, but these efforts have been directed almost 
        exclusively to land areas above the high-water mark;
          (2) certain areas of the marine environment possess 
        conservation, [recreational, ecological, historical, 
        research, educational, or aesthestic] scientific, 
        educational, cultural, archaeological, or aesthetic 
        qualities which give them special national, and in some 
        cases international, significance;
          (3) while the need to control the effects of 
        particular activities has led to enactment of resource-
        specific legislation, these laws cannot in all cases 
        provide a coordinated and comprehensive ecosystem 
        approach to the conservation and management of special 
        areas of the marine environment;
          (4) a Federal program which identifies special areas 
        of the marine environment will contribute positively to 
        marine resources conservation, research, and 
        management;
          (5) such a Federal program will also serve to enhance 
        public awareness, understanding, appreciation, and 
        [wise use] sustainable use of the marine environment; 
        and
          (6) [protection of these] protecting the 
        biodiversity, habitats, and qualities of such special 
        areas can contribute to maintaining a natural 
        assemblage of living resources and the values and 
        ecological services they provide for future 
        generations.
  (b) Purposes and Policies.--The purposes and policies of this 
title are--
          (1) to identify and designate as national marine 
        sanctuaries areas of the marine environment which are 
        of special national [significance;] significance and to 
        manage these areas as the National Marine Sanctuary 
        System;
          (2) to provide authority for comprehensive and 
        coordinated conservation and management of these marine 
        areas, andactivities affecting them, in a manner which 
complements existing regulatory authorities;
          [3) to support, promote, and coordinate scientific 
        research on, and monitoring of, the resources of these 
        marine areas, especially long-term monitoring and 
        research of these areas;]
          (3) to maintain natural biodiversity and biological 
        communities, and to protect, and where appropriate, 
        restore and enhance natural habitats, populations, and 
        ecological processes;
          (4) to enhance public awareness, [understanding, 
        appreciation, and wise use of the marine environment;] 
        understanding, and appreciation of the natural, 
        historical, cultural, and archaeological resources of 
        national marine sanctuaries;
          (5) to support, promote, and coordinate scientific 
        research on, and long-term monitoring of, the resources 
        of these marine areas;
          [(5)] (6) to facilitate to the extent compatible with 
        the primary objective of resource protection, all 
        public and private uses of the resources of these 
        marine areas not prohibited pursuant to other 
        authorities;
          [(6)] (7) to develop and implement coordinated plans 
        for the protection and management of these areas with 
        appropriate Federal agencies, State and local 
        governments, Native American tribes and organizations, 
        international organizations, and other public and 
        private interests concerned with the continuing health 
        and resilience of these marine areas;
          [(7)] (8) to create models of, and incentives for, 
        ways to conserve and manage these [areas;] areas, 
        including the application of innovative management 
        techniques; and
          [(8)] (9) to cooperate with global programs 
        encouraging conservation of [marine resources; and] 
        marine and coastal resources.
          [(9) to maintain, restore, and enhance living 
        resources by providing places for species that depend 
        upon these marine areas to survive and propagate.]

SEC. 302. DEFINITIONS. [16 U.S.C. 1432]

  As used in this title, the term--
          (1) ``draft management plan'' means the plan 
        described in section [304(a)(1)(C)(v)] 304(a)(2)(A) of 
        this title;
          (2) ``[Magnuson] Magnuson-Stevens Act'' means the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.);
          (3) ``marine environment'' means those areas of 
        coastal and ocean waters, the Great Lakes and their 
        connecting waters, and submerged lands over which the 
        United States exercises jurisdiction, including the 
        exclusive economic zone, consistent with international 
        law;
          (4) ``Secretary'' means the Secretary of Commerce;
          (5) ``State'' means each of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, 
        American Samoa, the Virgin Islands, Guam, and any other 
        commonwealth, territory, or possession of the United 
        States;
          (6) ``damages'' includes--
                  (A) compensation for--
                          (i)(I) the cost of replacing, 
                        restoring, or acquiring the equivalent 
                        of a sanctuary resource; and
                          (II) the value of the lost use of a 
                        sanctuary resource pending its 
                        restoration or replacement or the 
                        acquisition of an equivalent sanctuary 
                        resource; or
                          (ii) the value of a sanctuary 
                        resource if the sanctuary resource 
                        cannot be restored or replaced or if 
                        the equivalent of such resource cannot 
                        be acquired;
                  (B) the cost of damage assessments under 
                section 303(b)(2) of this title; [and]
                  (C) the reasonable cost of monitoring 
                appropriate to the injured, restored, or 
                replaced [resources;] resources; and
                  (D) the cost of curation and conservation of 
                archaeological, historical, and cultural 
                sanctuary resources;
          (7) ``response costs'' means the costs of actions 
        taken or authorized by the Secretary to minimize 
        destruction or loss of, or injury to, sanctuary 
        resources, or to minimize the imminent risks of such 
        destruction, loss, or [injury;] injury, including 
        enforcement activities related to any incident;
          (8) ``sanctuary resource'' means any living or 
        nonliving resource of a national marine sanctuary that 
        contributes to the conservation, recreational, 
        ecological, historical, research, [educational,] 
        educational, cultural, archaeological, or aesthestic 
        value of the sanctuary; [and]
          (9) ``exclusive economic zone'' means the exclusive 
        economic zone as defined in the [Magnuson-Stevens 
        Fishery Conservation and Management Act.] Magnuson-
        Stevens Act;
          (10) ``system'' means the National Marine Sanctuary 
        System established by section 303; and
          (11) ``person'' has the meaning given that term by 
        section 1 of title 1, United States Code, but includes 
        a department, agency, and instrumentality of the 
        government of the United States, a State, or a foreign 
        Nation.

[SEC. 303. SANCTUARY DESIGNATION STANDARDS.] [16 U.S.C. 1433]

SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

  [(a) Standards.--The Secretary may designate any discrete 
area of the marine environment as a national marine sanctuary 
and promulgate regulations implementing the designation if the 
Secretary--
          [(1) determines that the designation will fulfill the 
        purposes and policies of this title; and
          [(2) finds that--
                  [(A) the area is of special national 
                significance due to its resource or human-use 
                values;
                  [(B) existing State and Federal authorities 
                are inadequate or should be supplemented to 
                ensure coordinated and comprehensive 
                conservation and management of the area, 
                including resource protection, scientific 
                research, and public education;
                  [(C) designation of the area as a national 
                marine sanctuary will facilitate the objectives 
                in subparagraph (B); and
                  [(D) the area is of a size and nature that 
                will permit comprehensive and coordinated 
                conservation and management.]
  (a) Establishment of System.--There is established the 
National Marine Sanctuary System, which shall consist of 
national marine sanctuaries designated by the Secretary in 
accordance with this title.
  [(b) Factors and Consultations Required in Making 
Determinations and Findings.--]
  (b) Sanctuary Designation Standards.--
          (1) In general.--Before designating an area of the 
        marine environment as a national marine sanctuary, the 
        Secretary shall find that--
                  (A) the area is of special national 
                significance due to its--
                          (i) biodiversity;
                          (ii) ecological importance;
                          (iii) archaeological, cultural, or 
                        historical importance; or
                          (iv) human-use values;
                  (B) existing State and Federal authorities 
                should be supplemented to ensure coordinated 
                and comprehensive conservation and management 
                of the area, including resource protection, 
                scientific research, and public education;
                  (C) designation of the area as a national 
                marine sanctuary will facilitate the objectives 
                in subparagraph (B); and
                  (D) the area is of a size and nature that 
                will permit comprehensive and coordinated 
                conservation and management.
          [(1)] (2) Factors.--For purposes of determining if an 
        area of the marine environment meets the standards set 
        forth in [subsection (a)] paragraph (1) of this 
        section, the Secretary shall consider--
                  (A) the area's natural resource and 
                ecological qualities, including its 
                contribution to biological productivity, 
                maintenance of ecosystem structure, maintenance 
                of ecologically or commercially important or 
                threatened species or species assemblages, 
                maintenance of critical habitat of endangered 
                species, and the biogeographic representation 
                of the site;
                  (B) the area's historical, cultural, 
                archaeological, or paleontological 
                significance;
                  (C) the present and potential uses of the 
                area that depend on maintenance of the area's 
                resources, including commercial and 
                recreational fishing, subsistence uses, other 
                commercial and recreational activities, and 
                research and education;
                  (D) the present and potential activities that 
                may adversely affect the factors identified in 
                subparagraphs (A), (B), and (C);
                  (E) the area's scientific value and value for 
                monitoring as a special area of the marine 
                environment;
                  [(E)] (F) the existing State and Federal 
                regulatory and management authorities 
                applicable to the area and the adequacy of 
                those authorities to fulfill the purposes and 
                policies of this title;
                  [(F)] (G) the manageability of the area, 
                including such factors as its size, its ability 
                to be identified as a discrete ecological unit 
                with definable boundaries, its accessibility, 
                and its suitability for monitoring and 
                enforcement activities;
                  (H) the feasibility, where appropriate, of 
                employing innovative management approaches to 
                protect sanctuary resources or to manage 
                compatible uses;
                  [(G)] (I) the public benefits to be derived 
                from sanctuary status, with emphasis on the 
                benefits of long-term protection of nationally 
                significant resources, [vital habitats, and 
                resources which generate tourism;] and vital 
                habitats;
                  (J) the value of the area as an addition to 
                the System;
                  [(H)] (K) the negative impacts produced by 
                management restrictions on income-generating 
                activities such as living and nonliving 
                resources development; and
                  [(I)] (L) the socioeconomic effects of 
                sanctuary designation.
          [(2)] (3) Consultation.--In making determinations and 
        findings, the Secretary shall consult with--
                  (A) the Committee on [Merchant Marine and 
                Fisheries] Resources of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate;
                  (B) the Secretaries of State, Defense, 
                Transportation, and the Interior, the 
                Administrator of the Environmental Protection 
                Agency, and the heads of other interested 
                Federal agencies;
                  (C) the responsible officials or relevant 
                agency heads of the appropriate State and local 
                government entities, including coastal zone 
                management agencies, that will or are likely to 
                be affected by the establishment of the area as 
                a national marine sanctuary;
                  (D) the appropriate officials of any Regional 
                Fishery Management Council established by 
                section 302 of the Magnuson Act (16 U.S.C. 
                1852) that may be affected by the proposed 
                designation; and
                  (E) other interested persons.
          [(3) Resource assessment report.--In making 
        determinations and findings, the Secretary shall draft, 
        as part of the environmental impact statement referred 
        to in section 304(a)(2) of this title, a resource 
        assessment report documenting present and potential 
        uses of the area, including commercial and recreational 
        fishing, research and education, minerals and energy 
        development, subsistence uses, and other commercial, 
        governmental, or recreational uses. The Secretary, in 
        consultation with the Secretary of the Interior, shall 
        draft a resource assessment section for the report 
        regarding any commercial, governmental, or recreational 
        resource uses in the area under consideration that are 
        subject to the primary jurisdiction of the Department 
        of the Interior. The Secretary, in consultation with 
        the Secretary of Defense, the Secretary of Energy, and 
        the Administrator, shall draft a resource assessment 
        section for the report, including information on any 
        past, present, or proposed future disposal or discharge 
        of materials in the vicinity of the proposed sanctuary. 
        Public disclosure by the Secretary of such information 
        shall be consistent with national security 
        regulations.]
          (4) Required findings.--
                  (A) New designations.--The Secretary shall 
                not publish in the Federal Register any 
                sanctuary designation notice or regulations 
                proposing to designate a new sanctuary unless 
                the Secretary has published in the Federal 
                Register and submitted to Congress a finding 
                that the addition of a new sanctuary will not 
                have a negative impact on the National Marine 
                Sanctuary System and each designated sanctuary 
                has--
                          (i) an operational level of 
                        facilities, equipment, and employees;
                          (ii) a plan for enforcement of the 
                        Act within its boundaries, including 
                        partnerships with adjacent States or 
                        other authorities;
                          (iii) sufficient resources available 
                        in the fiscal year in which the finding 
                        is made to implement the sanctuary 
                        management plan effectively;
                          (iv) completed site characterizations 
                        studies, inventories of known sanctuary 
                        resources, and management plan review; 
                        and
                          (v) a list of priorities and a 
                        strategy to address such priorities.
                  (B) Failure to complete certain 
                requirements.--If the requirements of 
                subparagraph (A)(iv) have not been completed at 
                the time of designation of a sanctuary, then 
                the Secretary shall submit a plan and schedule 
                for the completion of these activities for the 
                sanctuary, based on the assumption that the 
                amounts appropriated for the sanctuaries will 
                be maintained at the same level for each fiscal 
                year for the next 10 years.
                  (C) Exception.--Subparagraph (A) does not 
                apply to any draft management plan, draft 
                environmental impact statement, or proposed 
                regulation for the Thunder Bay National Marine 
                Sanctuary.
                  (D) Deadline.--If a finding under 
                subparagraph (A) has not been published by 
                February 1, 2004, the Secretary shall submit to 
                Congress by September 30, 2004, a finding 
                stating whether the requirements in 
                subparagraph (A) have been met.
                  (E) Sunset.--The requirements of this 
                paragraph shall be in effect until September 
                30, 2004.

SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. [16 U.S.C. 
                    1434]

  (a) Sanctuary Proposal.--
          (1) Notice.--In proposing to designate a national 
        marine sanctuary, the Secretary shall--
                  (A) issue, in the Federal Register, a notice 
                of the proposal, proposed regulations that may 
                be necessary and reasonable to implement the 
                proposal, and a summary of the draft management 
                plan;
                  (B) provide notice of the proposal in 
                newspapers of general circulation or electronic 
                media in the communities that may be affected 
                by the proposal; and
                  [(C) on the same day the notice required by 
                subparagraph (A) is issued, the Secretary shall 
                submit to the Committee on Merchant Marine and 
                Fisheries of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate documents, 
                including an executive summary, consisting of--
                          [(i) the terms of the proposed 
                        designation;
                          [(ii) the basis of the findings made 
                        under section 303(a) of this title with 
                        respect to the area;
                          [(iii) an assessment of the 
                        considerations under section 303(b)(1) 
                        of this title;
                          [(iv) proposed mechanisms to 
                        coordinate existing regulatory and 
                        management authorities within the area;
                          [(v) the draft management plan 
                        detailing the proposed goals and 
                        objectives, management 
                        responsibilities, resource studies, 
                        interpretive and educational programs, 
                        and enforcement, including surveillance 
                        activities for the area;
                          [(vi) an estimate of the annual cost 
                        of the proposed designation, including 
                        costs of personnel, equipment and 
                        facilities, enforcement, research, and 
                        public education;
                          [(vii) the draft environmental impact 
                        statement;
                          [(viii) an evaluation of the 
                        advantages of cooperative State and 
                        Federal management if all or part of a 
                        proposed marine sanctuary is within the 
                        territorial limits of any State or is 
                        superjacent to the subsoil and seabed 
                        within the seaward boundary of a State, 
                        as that boundary is established under 
                        the Submerged Lands Act (43 U.S.C. 1301 
                        et seq.); and
                          [(ix) the proposed regulations 
                        referred to in subparagraph (A).]
                  (C) on the same day the notice required by 
                subparagraph (A) is submitted to the Office of 
                the Federal Register, the Secretary shall 
                submit a copy of the notice and the draft 
                sanctuary designation documents prepared under 
                paragraph (2) to the Committee on Resources of 
                the House of Representatives and the Committee 
                on Commerce, Science, and Transportation of the 
                Senate.
          (2) Sanctuary designation documents.--The Secretary 
        shall prepare sanctuary designation documents on the 
        proposal that include the following:
                  (A) A draft environmental impact statement 
                under paragraph (3).
                  (B) A management plan document, which the 
                Secretary shall make available to the public, 
                containing--
                          (i) the terms of the proposed 
                        designation;
                          (ii) proposed mechanisms to 
                        coordinate existing regulatory and 
                        management authorities within the area;
                          (iii) the proposed goals and 
                        objectives, management 
                        responsibilities, resource studies, and 
                        appropriate strategies for managing 
                        sanctuary resources, including 
                        innovative approaches such as marine 
                        zoning, interpretation and education, 
                        research, monitoring and assessment, 
                        resource protection, restoration, and 
                        enforcement (including surveillance 
                        activities for the area);
                          (iv) an evaluation of the advantages 
                        of cooperative State and Federal 
                        management if all or part of a proposed 
                        marine sanctuary is within the 
                        territorial limits of a State, or is 
                        superjacent to the subsoil and seabed 
                        within the seaward boundary of a State 
                        (as established under the Submerged 
                        Lands Act (43 U.S.C. 1301 et seq.);
                          (v) an estimate of the annual cost to 
                        the Federal government of the proposed 
                        designation, including costs of 
                        personnel, equipment and facilities, 
                        enforcement, research, and public 
                        education; and
                          (vi) the regulations proposed under 
                        paragraph (1)(A).
                  (C) Maps depicting the boundaries of the 
                proposed sanctuary.
                  (D) A statement of the basis for the findings 
                made under section 303(b)(2).
                  (E) An assessment of the considerations under 
                section 303(b)(1).
                  (F) A resource assessment that includes--
                          (i) present and potential uses of the 
                        area, including commercial and 
                        recreational fishing, research and 
                        education, minerals and energy 
                        development, subsistence uses, and 
                        other commercial, governmental, or 
                        recreational uses;
                          (ii) a discussion, prepared after 
                        consultation with the Secretary of the 
                        Interior, of any commercial, 
                        governmental, or recreational resource 
                        uses in the areas that are subject to 
                        the primary jurisidiction of the 
                        Department of the Interior; and
                          (iii) information prepared in 
                        consultation with the Secretary of 
                        Defense, the Secretary of Energy, and 
                        the Administrator of the Environmental 
                        Protection Agency, on any past, 
                        present, or proposed future disposal or 
                        discharge of materials in the vicinity 
                        of the proposed sanctuary.
          [(2)] (3) Environmental impact statement.--The 
        Secretary shall--
                  (A) prepare a draft environmental impact 
                statement, [as provided by] under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), on the proposal that includes 
                the resource assessment report required under 
                section 303(b)(3) of this title, maps depicting 
                the boundaries of the proposed designated area, 
                and the existing and potential uses and 
                resources of the area; and
                  (B) make copies of the draft environmental 
                impact statement available to the public.
          [(3)] (4) Public hearing.--No sooner than thirty days 
        after issuing a notice under this subsection, the 
        Secretary shall hold at least one public hearing in the 
        coastal area or areas that will be most affected by the 
        proposed designation of the area as a national marine 
        sanctuary for the purpose of receiving the views of 
        interested parties.
          [(4)] (5) Terms of designation.--The terms of 
        designation of a sanctuary shall include the geographic 
        area proposed to be included within the sanctuary, the 
        characteristics of the area that give it conservation, 
        recreational, ecological, historical, research, 
        educational, cultural, archaeological, or aesthestic 
        value, and the types of activities that will be subject 
        to regulation by the Secretary to protect those 
        characteristics. The terms of designation may be 
        modified [only by the same procedures by which the 
        original designation is made.] by following the 
        applicable procedures of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and chapter 
        5 of title 5, United States Code.
          [(5)] (6) Fishing regulations.--The Secretary shall 
        provide the appropriate Regional Fishery Management 
        Council with the opportunity to prepare draft 
        regulations for fishing within the Exclusive Economic 
        Zone as the Council may deem necessary to implement the 
        proposed designation. Draft regulations prepared by the 
        Council, or a Council determination that regulations 
        are not necessary pursuant to this paragraph, shall be 
        accepted and issued as proposed regulations by the 
        Secretary unless the Secretary finds that the Council's 
        action fails to fulfill the purposes and policies of 
        this title and the goals and objectives of this Act and 
        the proposed designation. In preparing the draft 
        regulations, a Regional Fishery Management Council 
        shall use as guidance the national standards of section 
        301(a) of the Magnuson Act (16 U.S.C. 1851) to the 
        extent that the standards are consistent and compatible 
        with the goals and objectives of the proposed 
        designation. The Secretary shall prepare the fishing 
        regulations, if the Council declines to make a 
        determination with respect to the need for regulations, 
        makes a determination which is rejected by the 
        Secretary, or fails to prepare the draft regulations in 
        a timely manner. Any amendments to the fishing 
        regulations shall be drafted, approved, and issued in 
        the same manner as the original regulations. The 
        Secretary shall also cooperate with other appropriate 
        fishery management authorities with rights or 
        responsibilities within a proposed sanctuary at the 
        earliest practicable stage in drafting any sanctuary 
        fishing regulations.
          [(6)] (7) Committee action.--After receiving the 
        documents under subsection (a)(1)(C) of this section, 
        the Committee on [Merchant Marine and Fisheries] 
        Resources of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate may each hold hearings on the proposed 
        designation and on the matters set forth in the 
        documents. If within the forty-five day period of 
        continuous session of Congress beginning on the date of 
        submission of thedocuments, either Committee issues a 
report concerning matters addressed in the documents, the Secretary 
shall consider this report before publishing a notice to designate the 
national marine sanctuary.
  (b) Taking Effect of Designations.--
          (1) Notice.--In designating a national marine 
        sanctuary, the Secretary shall publish in the Federal 
        Register notice of the designation together with final 
        regulations to implement the designation and any other 
        matters required by law, and submit such notice to the 
        Congress. The Secretary shall advise the public of the 
        availability of the final management plan and the final 
        environmental impact statement with respect to such 
        sanctuary. The Secretary shall issue a notice of 
        designation with respect to a proposed national marine 
        sanctuary site not later than 30 months after the date 
        a notice declaring the site to be an active candidate 
        for sanctuary designation is published in the Federal 
        Register under regulations issued under this Act, or 
        shall publish not later than such date in the Federal 
        Register findings regarding why such notice has not 
        been published. No notice of designation may occur 
        until the expiration of the period for Committee action 
        under subsection [(a)(6)] (a)(7) of this section. The 
        designation (and any of its terms not disapproved under 
        this subsection) and regulations shall take effect and 
        become final after the close of a review period of 
        forty-five days of continuous session of Congress 
        beginning on the day on which such notice is published 
        unless, in the case of a national marine sanctuary that 
        is located partially or entirely within the seaward 
        boundary of any State, the Governor affected certifies 
        to the Secretary that the designation or any of its 
        terms is unacceptable, in which case the designation or 
        the unacceptable term shall not take effect in the area 
        of the sanctuary lying within the seaward boundary of 
        the State.
          (2) Withdrawal of designation.--If the Secretary 
        considers that actions taken under paragraph (1) will 
        affect the designation of a national marine sanctuary 
        or the national system in a manner that the goals and 
        objectives of the sanctuary or the national system 
        cannot be fulfilled, the Secretary may withdraw the 
        entire designation. If the Secretary does not withdraw 
        the designation, only those terms of the designation 
        not certified under paragraph (1) shall take effect.
          (3) Procedures.--In computing the forty-five-day 
        periods of continuous session of Congress pursuant to 
        subsection (a)(6) of this section and paragraph (1) of 
        this subsection--
                  (A) continuity of session is broken only by 
                an adjournment of Congress sine die; and
                  (B) the days on which either House of 
                Congress is not in session because of an 
                adjournment of more than three days to a day 
                certain are excluded.
  (c) Access and Valid Rights.--
          (1) Nothing in this title shall be construed as 
        terminating or granting to the Secretary the right to 
        terminate any valid lease, permit, license, or right of 
        subsistence use or of access that is in existence on 
        the date of designation of any national marine 
        sanctuary.
          (2) The exercise of a lease, permit, license, or 
        right is subject to regulation by the Secretary 
        consistent with the purposes for which the sanctuary is 
        designated.
  (d) Interagency Cooperation.--
          (1) Review of agency actions.--
                  (A) In general.--Federal agency actions 
                internal or external to a national marine 
                sanctuary, including private activities 
                authorized by licenses, leases, or permits, 
                that are likely to destroy, cause the loss of, 
                or injure any sanctuary resource are subject to 
                consultation with the Secretary.
                  (B) Agency statements required.--Subject to 
                any regulations the Secretary may establish 
                each Federal agency proposing an action 
                described in subparagraph (A) shall provide the 
                Secretary with a written statement describing 
                the action and its potential effects on 
                sanctuary resources at the earliest practicable 
                time, but in no case later than 45 days before 
                the final approval of the action unless such 
                Federal agency and the Secretary agree to a 
                different schedule.
          (2) Secretary's recommended alternatives.--If the 
        Secretary finds that a Federal agency action is likely 
        to destroy, cause the loss of, or injure a sanctuary 
        resource, the Secretary shall (within 45 days of 
        receipt of complete information on the proposed agency 
        action) recommend reasonable and prudent alternatives, 
        which may include conduct of the action elsewhere, 
        which can be taken by the Federal agency in 
        implementing the agency action that will protect 
        sanctuary resources.
          (3) Response to recommendations.--The agency head who 
        receives the Secretary's recommended alternatives under 
        paragraph (2) shall promptly consult with the Secretary 
        on the alternatives. If the agency head decides not to 
        follow the alternatives, the agency head shall provide 
        the Secretary with a written statement explaining the 
        reasons for that decision.
  (e) Review of Management Plans.--Not more than five years 
after the date of designation of any national marine sanctuary, 
and thereafter at intervals not exceeding five years, the 
Secretary shall evaluate the substantive progress toward 
implementing the management plan and goals for the sanctuary, 
especially the effectiveness of site-specific management 
techniques, and shall revise the management plan and 
regulations as necessary to fulfill the purposes and policies 
of this title.

SEC. 305. APPLICATION OF REGULATIONS; INTERNATIONAL NEGOTIATIONS AND 
                    COOPERATION. [16 U.S.C. 1435]

  (a) Regulations.--This title and the regulations issued under 
section 304 of this title shall be applied in accordance with 
generally recognized principles of international law, and in 
accordance with treaties, conventions, and other agreements to 
which the United States is a party. No regulation shall apply 
to or be enforced against a person who is not a citizen, 
national, or resident alien of the United States, unless in 
accordance with--
          (1) generally recognized principles of international 
        law;
          (2) an agreement between the United States and the 
        foreign state of which the person is a citizen; or
          (3) an agreement between the United States and the 
        flag state of a foreign vessel, if the person is a 
        crewmember of the vessel.
  (b) Negotiations.--The Secretary of State, in consultation 
with the Secretary, shall take appropriate action to enter into 
negotiations with other governments to make necessary 
arrangements for the protection of any national marine 
sanctuary and to promote the purposes for which the sanctuary 
is established.
  (c) International Cooperation.--The Secretary, in 
consultation with the Secretary of State and other appropriate 
Federal agencies, shall cooperate with other governments and 
international organizations in furtherance of the purposes and 
policies of this title and consistent with applicable regional 
and mutilateral arrangements for the protection and management 
of special marine areas.

SEC. 306. PROHIBITED ACTIVITIES. [16 U.S.C. 1436]

  It is unlawful to--
          (1) destroy, cause the loss of, or injure any 
        sanctuary resource managed under law or regulations for 
        that sanctuary;
          (2) possess, [sell,] offer for sale, sell, purchase, 
        import, export, deliver, carry, transport, or ship by 
        any means any sanctuary resource taken in violation of 
        this section;
          [(3) interfere with the enforcement of this title; 
        or]
          (3) interfere with the enforcement of this title by--
                  (A) refusing to permit any authorized officer 
                to board a vessel, other than a vessel operated 
                by the Department of Defense or United States 
                Coast Guard, subject to such person's control 
                for the purpose of conducting a search or 
                inspection in connection with the enforcement 
                of this title;
                  (B) assaulting, resisting, opposing, 
                impeding, intimidating, or interfering with any 
                authorized officer in the conduct of any search 
                or inspection under this title;
                  (C) submitting false information to the 
                Secretary or any officer authorized by the 
                Secretary in connection with any search or 
                inspection under this title; or
                  (D) assaulting, resisting, opposing, 
                impeding, intimidating, harassing, bribing, or 
                interfering with any person authorized by the 
                Secretary to implement the provisions of this 
                title; or
          (4) violate any provision of this title or any 
        regulation or permit issued pursuant to this title.

SEC. 307. ENFORCEMENT. [16 U.S.C. 1437]

  (a) In General.--The Secretary shall conduct such enforcement 
activities as are necessary and reasonable to carry out this 
title.
  (b) Powers of Authorized Officers.--Any person who is 
authorized to enforce this title may--
          (1) arrest any person, if there is reasonable cause 
        to believe that the person has committed an act 
        prohibited by section 306(3);
          [(1)] (2) board, search, inspect, and seize any 
        vessel suspected of being used to violate this title or 
        any regulation orpermit issued under this title and any 
equipment, stores, and cargo of such vessel;
          [(2)] (3) seize wherever found any sanctuary resource 
        taken or retained in violation of this title or any 
        regulation or permit issued under this title;
          [(3)] (4) seize any evidence of a violation of this 
        title or of any regulation or permit issued under this 
        title;
          [(4)] (5) execute any warrant or other process issued 
        by any court of competent jurisdiction; and
          [(5)] (6) exercise any other lawful authority.
  (c) Criminal Offenses.--
          (1) In general.--Violation of section 306(3) is 
        punishable by a fine under title 18, United States 
        Code, imprisonment for not more than 6 months, or both.
          (2) Aggravated violations.--If a person in the course 
        of violating section 306(3)--
                  (A) uses a dangerous weapon,
                  (B) causes bodily injury to any person 
                authorized to enforce this title or to 
                implement its provisions, or
                  (C) causes such a person to fear imminent 
                bodily injury,
        then the violation is punishable by a fine under title 
        18, United States Code, imprisonment for not more than 
        10 years, or both.'';
  [(c)] (d) Civil Penalties.--
          (1) Civil penalty.--Any person subject to the 
        jurisdiction of the United States who violates this 
        title or any regulation or permit issued under this 
        title shall be liable to the United States for a civil 
        penalty of not more than $100,000 for each such 
        violation, to be assessed by the Secretary. Each day of 
        a continuing violation shall constitute a separate 
        violation.
          (2) Notice.--No penalty shall be assessed under this 
        subsection until after the person charged has been 
        given notice and an opportunity for a hearing.
          (3) In rem jurisdiction.--A vessel used in violating 
        this title or any regulation or permit issued under 
        this title shall be liable in rem for any civil penalty 
        assessed for such violation. Such penalty shall 
        constitute a maritime lien on the vessel and may be 
        recovered in an action in rem in the district court of 
        the United States having jurisdiction over the vessel.
          (4) Review of civil penalty.--Any person against whom 
        a civil penalty is assessed under this subsection may 
        obtain review in the United States district court for 
        the appropriate district by filing a complaint in such 
        court not later than 30 days after the date of such 
        order.
          (5) Collection of penalties.--If any person fails to 
        pay an assessment of a civil penalty under this section 
        after it has become a final and unappealable order, or 
        after the appropriate court has entered final judgment 
        in favor of the Secretary, the Secretary shall refer 
        the matter to the Attorney General, who shall recover 
        the amount assessed in any appropriate district court 
        of the United States. In such action, the validity and 
        appropriateness of the final order imposing the civil 
        penalty shall not be subject to review.
          (6) Compromise or other action by Secretary.--The 
        Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty which is or may 
        be imposed under this section.
  (e) Judicial Civil Penalties.--The Secretary may bring an 
action to access and collect any civil penalty for which a 
person is liable under paragraph (d)(1) in the United States 
district court for the district in which the person from whom 
the penalty is sought resides, in which such person's principal 
place of business is located, or where the incident giving rise 
to civil penalties under this section occurred.
  [(d)] (f) Forfeiture.--
          (1) In general.--Any vessel (including the vessel's 
        equipment, stores, and cargo) and other item used, and 
        any sanctuary resource taken or retained, in any 
        manner, in connection with or as a result of any 
        violation of this title or of any regulation or permit 
        issued under this title shall be subject to forfeiture 
        to the United States pursuant to a civil proceeding 
        under this subsection. The proceeds from forfeiture 
        actions under this subsection shall constitute a 
        separate recovery in addition to any amounts recovered 
        as civil penalties under this section or as civil 
        damages under section 303 of this title. None of those 
        proceeds shall be subject to set-off.
          (2) Application of the customs laws.--The Secretary 
        may exercise the authority of any United States 
        official granted by any relevant customs law relating 
        to the seizure, forfeiture, condemnation, disposition, 
        remission, and mitigation of property in enforcing this 
        title.
          (3) Disposal of sanctuary resources.--Any sanctuary 
        resource seized pursuant to this title may be disposed 
        of pursuant to an order of the appropriate court, or, 
        if perishable, in a manner prescribed by regulations 
        promulgated by the Secretary. Any proceeds from the 
        sale of such sanctuary resource shall for all purposes 
        represent the sanctuary resource so disposed of in any 
        subsequent legal proceedings.
          (4) Presumption.--For the purposes of this section 
        there is a rebuttable presumption that all sanctuary 
        resources found on board a vessel that is used or 
        seized in connection with a violation of this title or 
        of any regulation or permit issued under this title 
        were taken or retained in violation of this title or of 
        a regulation or permit issued under this title.
  [(e)] (g) Payment of Storage, Care, and Other Costs.--
          (1) Expenditures.--
          (A) Notwithstanding any other law, amounts received 
        by the United States as civil penalties, forfeitures of 
        property, and costs imposed under paragraph (2) shall 
        be retained by the Secretary in the manner provided for 
        in section 9607(f)(1) of title 42.
          (B) Amounts received under this section for 
        forfeitures and costs imposed under paragraph (2) shall 
        be used to pay the reasonable and necessary costs 
        incurred by the Secretary to provide temporary storage, 
        care, maintenance, and disposal of any sanctuary 
        resource or other property seized in connection with a 
        violation of this title or any regulation or permit 
        issued under this title.
          (C) Amounts received under this section as civil 
        penalties and any amounts remaining after the operation 
        of subparagraph (B) shall be used, in order of 
        priority, to--
                  (i) manage and improve the national marine 
                sanctuary with respect to which the violation 
                occurred that resulted in the penalty or 
                forfeiture;
                  (ii) pay a reward to any person who furnishes 
                information leading to an assessment of a civil 
                penalty, or to a forfeiture of property, for a 
                violation of this title or any regulation or 
                permit issued under this title; and
                  (iii) manage and improve any other national 
                marine sanctuary.
          (2) Liability for costs.--Any person assessed a civil 
        penalty for a violation of this title or of any 
        regulation or permit issued under this title, and any 
        claimant in a forfeiture action brought for such a 
        violation, shall be liable for the reasonable costs 
        incurred by the Secretary in storage, care, and 
        maintenance of any sanctuary resource or other property 
        seized in connection with the violation.
  [(f)] (h) Subpoenas.--In the case of any hearing under this 
section which is determined on the record in accordance with 
the procedures provided for under section 554 of title 5, the 
Secretary may issue subpoenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, 
electronic files, and documents, and may administer oaths.
  (i) Nationwide Service of Process.--In any action by the 
United States under this chapter, process may be served in any 
district where the defendant is found, resides, transacts 
business, or has appointed an agent for the service of process.
  [(g)] (j) Use of Resources of State and Other Federal 
Agencies.--The Secretary shall, whenever appropriate, use by 
agreement the personnel, services, and facilities of State and 
other Federal departments, agencies, and instrumentalities, on 
a reimbursable or nonreimbursable basis, to carry out the 
Secretary's responsibilities under this section.
  [(h)] (k) Coast Guard Authority Not Limited.--Nothing in this 
section shall be considered to limit the authority of the Coast 
Guard to enforce this or any other Federal law under section 89 
of title 14.
  [(i)] (l) Injunctive Relief.--If the Secretary determines 
that there is an imminent risk of destruction or loss of or 
injury to a sanctuary resource, or that there has been actual 
destruction or loss of, or injury to, a sanctuary resource 
which may give rise to liability under section 303 of this 
title, the Attorney General, upon request of the Secretary, 
shall seek to obtain such relief as may be necessary to abate 
such risk or actual destruction, loss, or injury, or to restore 
or replace the sanctuary resource, or both. The district courts 
of the United States shall have jurisdiction in such a case to 
order such relief as the public interest and the equities of 
the case may require.
  [(j)] (m) Area of Application and Enforceability.--The area 
of application and enforceability of this title includes the 
territorialsea of the United States, as described in 
Presidential Proclamation 5928 of December 27, 1988, which is subject 
to the sovereignty of the United States, and the United States 
exclusive economic zone, consistent with international law.

[SEC. 308. SEVERABILITY. [16 U.S.C. 1439]

  [If any provision of this Act or the application thereof to 
any person or circumstances is held invalid, the validity of 
the remainder of this Act and of the application of such 
provision to other persons and circumstances shall not be 
affected thereby.]

SEC. 308. REGULATIONS AND SEVERABILITY.

  (a) Regulations.--The Secretary may issue such regulations as 
may be necessary to carry out this title.
  (b) Severability.--If any provision of this title, or the 
application thereof to any person or circumstance, is held 
invalid, the validity of the remainder of this title and of the 
application of that provision to other persons and 
circumstances shall not be affected.

[SEC. 309. RESEARCH, MONITORING, AND EDUCATION. [16 U.S.C. 1440]

  [(a) In General.--The Secretary shall conduct research, 
monitoring, evaluation, and education programs as are necessary 
and reasonable to carry out the purposes and policies of this 
title.
  [(b) Promotion and Coordination of Sanctuary Use.--The 
Secretary shall take such action as is necessary and reasonable 
to promote and coordinate the use of national marine 
sanctuaries for research, monitoring, and education purposes. 
Such action may include consulting with Federal agencies, 
States, local governments, regional agencies, interstate 
agencies, or other persons to promote use of one or more 
sanctuaries for research, monitoring, and education, including 
coordination with the National Estuarine Research Reserve 
System.]

SEC. 309. RESEARCH, MONITORING, AND EDUCATION PROGRAMS AND INTERPRETIVE 
                    FACILITIES.

  (a) In General.--The Secretary shall conduct, support, or 
coordinate research, monitoring, evaluation, and education 
programs necessary and reasonable to carry out the purposes and 
policies of this title.
  (b) Research and Monitoring.--The Secretary may support, 
promote, and coordinate appropriate research on, and long-term 
monitoring of, the resources and human uses of marine 
sanctuaries, as is consistent with the purposes and policies of 
this title. In carrying out this subsection the Secretary may 
consult with Federal agencies, States, local governments, 
regional agencies, interstate agencies, or other persons, and 
coordinate with the National Estuarine Research Reserve System.
  (c) Education and Interpretive Facilities.--The Secretary may 
establish facilities or displays--
          (1) to promote national marine sanctuaries and the 
        purposes and policies of this title; and
          (2) either solely or in partnership with other 
        persons, under an agreement under section 311.

SEC. 310. SPECIAL USE PERMITS. [16 U.S.C. 1441]

  (a) Issuance of Permits.--The Secretary may issue special use 
permits which authorize the conduct of specific activities in a 
national marine sanctuary if the Secretary determines such 
authorization is necessary--
          (1) to establish conditions of access to and use of 
        any sanctuary resource; or
          (2) to promote public use and understanding of a 
        sanctuary resource.
  (b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any activity 
subject to a special use permit under subsection (a).
  [(b)] (c) Permit Terms.--A permit issued under this section--
          (1) shall authorize the conduct of an activity only 
        if that activity is compatible with the purposes for 
        which the sanctuary is designated and with protection 
        of sanctuary resources;
          (2) shall not authorize the conduct of any activity 
        for a period of more than 5 years unless renewed by the 
        Secretary;
          (3) shall require that activities carried out under 
        the permit be conducted in a manner that does not 
        destroy, cause the loss of, or injure sanctuary 
        resources; and
          (4) shall require the permittee to purchase and 
        maintain comprehensive general liability [insurance] 
        insurance, or post an equivalent bond, against claims 
        arising out of activities conducted under the permit 
        and to agree to hold the United States harmless against 
        such claims.
  [(c)] (d) Fees.--
          (1) Assessment and collection.--The Secretary may 
        assess and collect fees for the conduct of any activity 
        under a permit issued under this section.
          (2) Amount.--The amount of a fee under this 
        subsection shall be equal to the sum of--
                  (A) costs incurred, or expected to be 
                incurred, by the Secretary in issuing the 
                permit;
                  (B) costs incurred, or expected to be 
                incurred, by the Secretary as a direct result 
                of the conduct of the activity for which the 
                permit is issued, including costs of monitoring 
                the conduct of the activity; and
                  (C) an amount which represents the fair 
                market value of the use of the sanctuary 
                [resource and a reasonable return to the United 
                States Government.] resource.
          (3) Waiver or reduction of fees.--The Secretary may 
        waive or reduce fees under this subsection, or accept 
        in-kind contributions in lieu of fees under this 
        subsection, for activities that do not derive profit 
        from the access to and use of sanctuary resources or 
        that the Secretary considers to be beneficial to the 
        system.
          [(3)] (4) Use of fees.--Amounts collected by the 
        Secretary in the form of fees under this section may be 
        used by the Secretary--
                  (A) for issuing and administering permits 
                under this section; and
                  (B) for expenses of [designating and] 
                managing national marine sanctuaries.
  [(d)] (e) Violations.--Upon violation of a term or condition 
of a permit issued under this section, the Secretary may--
          (1) suspend or revoke the permit without compensation 
        to the permittee and without liability to the United 
        States;
          (2) assess a civil penalty in accordance with section 
        307 of this title; or
          (3) both.
  [(e)] (f) Reports.--Each person issued a permit under this 
section shall submit an annual report to the Secretary not 
later than December 31 of each year which describes activities 
conducted under that permit and revenues derived from such 
activities during the year.
  [(f)] (g) Fishing.--Nothing in this section shall be 
considered to require a person to obtain a permit under this 
section for the conduct of any fishing activities in a national 
marine sanctuary.

SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS. [16 
                    U.S.C. 1442]

  (a) Cooperative Agreements, Grants, and Other Agreements.--
The Secretary may enter into cooperative agreements, financial 
agreements, grants, contracts, or other agreements with States, 
local governments, regional agencies, interstate agencies, or 
other persons to carry out the purposes and policies of this 
title. Notwithstanding any other provision of law to the 
contrary, the Secretary may apply for, accept, and use grants 
from Federal agencies, States, local governments, regional 
agencies, interstate agencies, foundations, or other persons, 
to carry out the purposes and policies of this title.
  (b) Use of State and Federal Agency Resources.--The Secretary 
may, whenever appropriate, use by agreement the personnel, 
services, or facilities of departments, agencies, and 
instrumentalities of the government of the United States or of 
any State or political subdivision thereof on a reimbursable or 
non-reimbursable basis to assist in carrying out the purposes 
and policies of this title.
  [(b)] (c) Authorization to Solicit Donations.--The Secretary 
may enter into such agreements with any nonprofit organization 
authorizing the organization to solicit private donations to 
carry out the purposes and policies of this title.
  [(c)] (d) Donations.--The Secretary may accept donations of 
funds, property, and services for use in designating and 
administering national marine sanctuaries under this title. 
Donations accepted under this section shall be considered as a 
gift or bequest to or for the use of the United States.
  [(d)] (e) Acquisitions.--The Secretary may acquire by 
purchase, lease, or exchange, any land, facilities, or other 
property necessary and appropriate to carry out the purposes 
and policies of this title.

SEC. 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES. 
                    [16 U.S.C. 1443]

  (a) Liability.--
          (1) Liability to united states.--Any person who 
        destroys, causes the loss of, or injures any sanctuary 
        resource is liable to the United States for an amount 
        equal to the sum of--
                  (A) the amount of response costs and damages 
                resulting from the destruction, loss, or 
                injury; and
                  (B) interest on that amount calculated in the 
                manner described under section 2705 of title 
                33.
          (2) Liability in rem.--Any vessel [used to destroy, 
        cause the loss of, or injure] that destroys, causes the 
        loss of, or injures any sanctuary resource shall be 
        liable in rem to the United States for response costs 
        and damages resulting from such destruction, loss, or 
        injury. The amount of that liability shall constitute a 
        maritime lien on the vessel and may be recovered in an 
        action in rem in any district court of the United 
        States that has jurisdiction over the vessel.
          (3) Defenses.--A person is not liable under this 
        subsection if that person establishes that--
                  (A) the destruction or loss of, or injury to, 
                the sanctuary resource was caused solely by an 
                act of God, an act of war, or an act or 
                omission of a third party, and the person acted 
                with due care;
                  (B) the destruction, loss, or injury was 
                caused by an activity authorized by Federal or 
                State law; or
                  (C) the destruction, loss, or injury was 
                negligible.
          (4) Limits to liability.--Nothing in sections 181 to 
        188 of title 46, Appendix, or section 192 of title 46, 
        Appendix, shall limit the liability of any person or 
        vessel under this title.
  (b) Response Actions and Damage Assessment.--
          (1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize 
        the destruction or loss of, or injury to, sanctuary 
        resources, or to minimize the imminent risk of such 
        destruction, loss, or injury.
          (2) Damage assessment.--The Secretary shall assess 
        damages (as defined in section 302(11)) to sanctuary 
        resources in accordance with section 302(6) of this 
        title.
  (c) Civil Actions for Response Costs and Damages.--The 
Attorney General, upon request of the Secretary, may commence a 
civil action in the United States district court for the 
appropriate district against any person or [vessel who] vessel 
that may be liable under subsection (a) of this section for 
response costs and damages. The Secretary, acting as trustee 
for sanctuary resources for the United States, shall submit a 
request for such an action to the Attorney General whenever a 
[person may] person or vessel may be liable for such costs or 
damages.
  (d) Use of Recovered Amounts.--Response costs and damages 
recovered by the Secretary under this section shall be retained 
by the Secretary in the manner provided for in section 
9607(f)(1) of title 42, and used by the Secretary as follows:
          (1) Response costs and damage assessments.--Twenty 
        percent of amounts recovered under this section, up to 
        a maximum balance of $750,000, shall be used to finance 
        response actions and damage assessments by the 
        Secretary.
          (2) Restoration, replacement, management, and 
        improvement.--Amounts remaining after the operation of 
        paragraph (1) shall be used, in order of priority--
                  (A) to restore, replace, or acquire the 
                equivalent of the sanctuary resources which 
                were the subject of the action;
                  (B) to manage and improve the national marine 
                sanctuary within which are located the 
                sanctuary resources which were the subject of 
                the action; and
                  (C) to manage and improve any other national 
                marine sanctuary.
          (3) Federal-state coordination.--Amounts recovered 
        under this section with respect to sanctuary resources 
        lying within the jurisdiction of a State shall be used 
        under paragraphs (2)(A) and (B) in accordance with the 
        court decree or settlement agreement and an agreement 
        entered into by the Secretary and the Governor of that 
        State.
          (4) Statute of limitations.--An action for response 
        costs and damages under subsection (c) may not be 
        brought more than 2 years after the date of completion 
        of the relevant damage assessment and restoration plan 
        prepared by the Secretary.

SEC. 313. AUTHORIZATION OF APPROPRIATIONS. [16 U.S.C. 1444]

  There are authorized to be appropriated to the Secretary to 
carry out this title--
          [(1) $12,000,000 for fiscal year 1997;
          [(2) $15,000,000 for fiscal year 1998; and
          [(3) $18,000,000 for fiscal year 1999.]
          (1) $30,000,000 for fiscal year 2000;
          (2) $32,000,000 for fiscal year 2001;
          (3) $34,000,000 for fiscal year 2002;
          (4) $36,000,000 for fiscal year 2003;
          (5) $38,000,000 for fiscal year 2004; and
          (6) $40,000,000 for fiscal year 2005.

SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS. [16 U.S.C. 1445]

  (a) Congressional Policy.--In recognition of the historical 
significance of the wreck of the United States ship Monitor to 
coastal North Carolina and to the area off the coast of North 
Carolina known as the Graveyard of the Atlantic, the Congress 
directs that a suitable display of artifacts and materials from 
the United States ship Monitor be maintained permanently at an 
appropriate site in coastal North Carolina.
  [(b) Interpretation and Display of Artifacts.--
          [(1) Submission of plan.--The Secretary shall, within 
        six months after November 7, 1988, submit to the 
        Committee on Merchant Marine and Fisheries of the House 
        of Representatives a plan for a suitable display in 
        coastal North Carolina of artifacts and materials of 
        the United States ship Monitor.
          [(2) Contents of plan.--The plan submitted under 
        subsection (a) of this section shall, at a minimum, 
        contain--
                  [(A) an identification of appropriate sites 
                in coastal North Carolina, either existing or 
                proposed, for display of artifacts and 
                materials of the United States ship Monitor;
                  [(B) an identification of suitable artifacts 
                and materials, including artifacts recovered or 
                proposed for recovery, for display in coastal 
                North Carolina;
                  [(C) an interpretive plan for the artifacts 
                and materials which focuses on the sinking, 
                discovery, and subsequent management of the 
                wreck of the United States ship Monitor; and
                  [(D) a draft cooperative agreement with the 
                State of North Carolina to implement the plan.]
  [(c)] (b) Disclaimer.--This section shall not affect the 
following:
          (1) Responsibilities of secretary.--The 
        responsibilities of the Secretary to provide for the 
        protection, conservation, and display of artifacts and 
        materials from the United States ship Monitor.
          (2) Authority of secretary.--The authority of the 
        Secretary to designate the Mariner's Museum, located at 
        Newport News, Virginia, as the principal museum for 
        coordination of activities referred to in paragraph 
        (1).

SEC. 315. ADVISORY COUNCILS. [16 U.S.C. 1445A]

  (a) Establishment.--The Secretary may establish one or more 
advisory councils (in this section referred to as an ``Advisory 
Council'') to [provide assistance] advise and make 
recommendations to the Secretary regarding the designation and 
management of national marine sanctuaries. The Advisory 
Councils shall be exempt from the Federal Advisory Committee 
Act.
  (b) Membership.--Members of the Advisory Councils may be 
appointed from among--
          (1) persons employed by Federal or State agencies 
        with expertise in management of natural resources;
          (2) members of relevant Regional Fishery Management 
        Councils established under section 1852 of this title; 
        and
          (3) representatives of local user groups, 
        conservation and other public interest organizations, 
        scientific organizations, educational organizations, or 
        others interested in the protection and multiple use 
        management of sanctuary resources.
  (c) Limits on Membership.--For sanctuaries designated after 
November 4, 1992, the membership of Advisory Councils shall be 
limited to no more than 15 members.
  (d) Staffing and Assistance.--The Secretary may make 
available to an Advisory Council any staff, information, 
administrative services, or assistance the Secretary determines 
are reasonably required to enable the Advisory Council to carry 
out its functions.
  (e) Public Participation and Procedural Matters.--The 
following guidelines apply with respect to the conduct of 
business meetings of an Advisory Council:
          (1) Each meeting shall be open to the public, and 
        interested persons shall be permitted to present oral 
        or written statements on items on the agenda.
          (2) Emergency meetings may be held at the call of the 
        chairman or presiding officer.
          (3) Timely notice of each meeting, including the 
        time, place, and agenda of the meeting, shall be 
        published locally and in the Federal Register, except 
        that in the case of a meeting of an Advisory Council 
        established to provide assistance regarding any 
        individual national marine sanctuary the notice is not 
        required to be published in the Federal Register.
          (4) Minutes of each meeting shall be kept and contain 
        a summary of the attendees and matters discussed.

SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. [16 U.S.C. 
                    1445B]

  (a) Authority.--The Secretary may establish a program 
consisting of--
          (1) the creation, adoption, and publication in the 
        Federal Register by the Secretary of a symbol for the 
        national marine sanctuary program, or for individual 
        national marine sanctuaries;
          (2) the solicitation of persons to be designated as 
        official sponsors of the national marine sanctuary 
        program or of individual national marine sanctuaries;
          (3) the designation of persons by the Secretary as 
        official sponsors of the national marine sanctuary 
        program or of individual sanctuaries;
          (4) the authorization by the Secretary of the [use] 
        manufacture, reproduction, or other use of any symbol 
        published under paragraph (1) by official sponsors of 
        the national marine sanctuary program or of individual 
        national marine [sanctuaries;] sanctuaries or by 
        persons that enter collaborative efforts with the 
        Secretary under subsection (f).
          (5) the creation, marketing, and selling of products 
        to promote the national marine sanctuary program, and 
        entering into exclusive or nonexclusive agreements 
        authorizing entities to create, market or sell on the 
        Secretary's behalf;
          (6) the solicitation and collection by the Secretary 
        of monetary or in-kind contributions from official 
        sponsors for the manufacture, reproduction or use of 
        the [symbols] symbols, including sale of items bearing 
        the symbols, published under paragraph (1);
          (7) the retention of any monetary or in-kind 
        contributions collected under paragraphs (5) and (6) by 
        the Secretary; and
          (8) the expenditure and use of any monetary and in-
        kind contributions, without appropriation, by the 
        Secretary to designate and manage national marine 
        sanctuaries. Monetary and in-kind contributions raised 
        through the sale, marketing, or use of symbols and 
        products related to an individual national marine 
        sanctuary shall be used to support that sanctuary.
  (b) Contract Authority.--The Secretary may contract with any 
person for the creation of symbols or the solicitation of 
official sponsors under subsection (a) of this section.
    (c) Collaborations.--The Secretary may authorize the use of 
the symbol described in subsection (a) by any person with which 
the Secretary is engaged in a collaborative effort to carry out 
the purposes and policies of this title.
  [(c)] (d) Restrictions.--The Secretary may restrict the use 
of the symbols published under subsection (a) of this section, 
and the designation of official sponsors of the national marine 
sanctuary program or of individual national marine sanctuaries 
to ensure compatibility with the goals of the national marine 
sanctuary program.
  [(d)] (e) Property of United States.--Any symbol which is 
adopted by the Secretary and published in the Federal Register 
under subsection (a) of this section is deemed to be the 
property of the United States.
  [(e)] (f) Prohibited Activities.--It is unlawful for any 
person--
          (1) designated as an official sponsor to influence or 
        seek to influence any decision by the Secretary or any 
        other Federal official related to the designation or 
        management of a national marine sanctuary, except to 
        the extent that a person who is not so designated may 
        do so;
          (2) to represent himself or herself to be an official 
        sponsor absent a designation by the Secretary;
          (3) to manufacture, reproduce, or use any symbol 
        adopted by the Secretary absent designation as an 
        official sponsor and without payment of a monetary or 
        in-kind contribution to the [Secretary; and] Secretary, 
        or without prior authorization under subsection (a)(4); 
        or
          (4) to violate any regulation promulgated by the 
        Secretary under this section.
  (g) Authorization for Non-Profit Organization To Solicit 
Sponsors.--
          (1) In general.--The Secretary may enter into an 
        agreement with a non-profit organization authorizing it 
        to assist in the administration of the sponsorship 
        program established under this section. Under an 
        agreement entered into under this paragraph, the 
        Secretary may authorize the non-profit organization to 
        solicit persons to be official sponsors of the national 
        marine sanctuary program or of individual national 
        marine sanctuaries, upon such terms as the Secretary 
        deems reasonable and will contribute to the successful 
        administration of the sanctuary system. The Secretary 
        may also authorize the non-profit organization to 
        collect the statutory contribution from the sponsor, 
        and, subject to paragraph (2), transfer the 
        contribution to the Secretary.
          (2) Reimbursement for administrative costs.--Under 
        the agreement entered into under paragraph (1), the 
        Secretary may authorize the non-profit organization to 
        retain not more than 5 percent of the amount of 
        monetary contributions it receives from official 
        sponsors under the agreement to offset the 
        administrative costs of the organization in soliciting 
        sponsors.
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