U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–511 

Calendar No. 1094 

THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE 

BOUNDARY MODIFICATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2281 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008.—Ordered to be 

printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

KAY BAILEY HUTCHISON, Texas 

TED STEVENS, Alaska 

JOHN MCCAIN, Arizona 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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Calendar No. 1094 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–511 

THUNDER BAY NATIONAL MARINE SANCTUARY AND 

UNDERWATER PRESERVE BOUNDARY MODIFICATION ACT 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2281] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2281) to expand the boundaries of 

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

favorably thereon without amendment and recommends that the 

bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2281, the Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act, is to 

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

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

international border between the United States and Canada, and 

to provide protection for the underwater cultural resources. 

BACKGROUND AND NEEDS

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

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

of that statute authorized the Secretary of Commerce to designate 

and permanently protect areas of national significance within the 

marine environment due to the importance of their conservation, 

recreational, ecological, historical, scientific, cultural, archeological, 

educational, or aesthetic qualities. In 1992, under title II of the 

Oceans Act (P.L. 102–587, the National Marine Sanctuaries Act 

(NMSA)), amended the MPRSA process for considering sanctuary 


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designation standards and procedures. Currently, a total of thirteen national marine sanctuaries and one national marine monument encompass more than 150,000 square miles of marine and 

Great Lakes waters. Sanctuaries vary in size from one square mile 

to 137,792 square miles. 

The NMSA also established the National Marine Sanctuary Program (NMSP), which is responsible for identifying, designating, 

and managing ocean and Great Lakes areas as national marine 

sanctuaries. The NMSP has the authority to issue regulations for 

each sanctuary to specify the types of activities that can and cannot occur within sanctuary boundaries, which have the effect and 

enforceability of law. A designation document is prepared as part 

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

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

and (3) the types of activities that will be subject to regulation to 

protect those characteristics. The National Oceanic and Atmospheric Administration (NOAA) is authorized to both recover damages from responsible parties that injure sanctuary resources and 

to assess civil penalties for violations of sanctuary regulations. 

Most sanctuaries generally prohibit material discharges into the 

sanctuary, the disturbance of seabed and cultural resources, and 

exploration and development of oil, gas, and minerals within the 

sanctuary. 

The NMSP also establishes management plans, develops conservation policy, issues permits, and undertakes strategic planning 

for each sanctuary. Each sanctuary has a community-based sanctuary advisory council, which is comprised of representatives from 

various public interest organizations, scientific and educational organizations, and commercial and recreational user groups including 

fishermen, government agencies, and local businesses. The Sanctuary Advisory Council advises the sanctuary manager on the designation and/or operation of a national marine sanctuary. 

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

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

sanctuary. 

The NMSA has been amended and reauthorized six times, most 

recently in 2000, which authorized funding through the end of fiscal year 2005. The 2000 reauthorization of the NMSA included a 

provision that placed a limitation on the creation of new sanctuaries in an effort to address the impact of decreasing appropriations on the ability to provide sufficient maintenance and operation 

capabilities for established sanctuaries. However, the limitation 

does not prevent the expansion of existing sanctuaries. 

The existing 13 national marine sanctuaries and the national 

marine monument have been added to the program through three 

different processes: (1) The NMSP process; (2) Congressional designation; and (3) Executive Order. The majority of the National 

Marine Sanctuaries were added to the System through the NMSP 

process. However, the Hawaiian Islands Humpback Whale National Marine Sanctuary and the Stellwagen Bank National Marine 

Sanctuary were designated by provisions included in the Oceans 

Act of 1992, and the Florida Keys National Marine Sanctuary and 

Protection Act designated the Florida Keys National Marine SancVerDate Aug 31 2005 01:40 Sep 30, 2008 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR511.XXX SR511

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tuary, which enveloped the existing Key Largo and Looe Key National Marine Sanctuaries in 1996. The Executive Branch used authorities provided by the Antiquities Act of 1906 (16 U.S.C. 431), 

to designate the Papahanaumokuakea National Monument as a 

marine national monument. To date, the Congress also has enacted 

legislation to expand the boundaries of one existing sanctuary. The 

National Marine Sanctuaries Preservation Act of 1996 added 

Stetson Bank to the Flower Garden Banks National Marine Sanctuary. 

The Thunder Bay National Marine Sanctuary was designated on 

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

Lakes sanctuary. It was established for the purposes of providing 

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

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

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

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

water. The expansion would provide protection to more than 200 

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

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

of shipwrecks. 

SUMMARY OF PROVISIONS

The Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Modification Act would extend the Sanctuary’s 

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

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

Michigan and would extend the Sanctuary east to the International 

Boundary. This expansion would include more than 200 additional 

shipwrecks and would protect the remains of various commercial 

fishing sites, historic docks, and other underwater archaeological 

sites. 

The regulations currently applicable to the Sanctuary would 

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

the NOAA would apply the existing management plan to the area 

added to the Sanctuary. 

LEGISLATIVE HISTORY

The Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Act, introduced by Senator Levin on November 

1, 2007, was referred to the Committee on Commerce, Science, and 

Transportation. A hearing was held on May 6, 2008, that addressed 

the legislation. On May 15, 2008, the Committee, without objection, 

ordered S. 2281 to be reported favorably. 

Staff assigned to this legislation are Kristen Sarri, Democratic 

Professional Staff, and Todd Bertoson, Republican Senior Counsel. 

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 


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

prepared by the Congressional Budget Office: 

JUNE 5, 2008. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2281, the Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Tyler Kruzich. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 2281—Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act 

Summary: S. 2281 would expand the boundaries of the Thunder 

Bay National Marine Sanctuary and Underwater Preserve, which 

is managed jointly by Michigan and the National Oceanic and Atmospheric Administration (NOAA). Based on information provided 

by NOAA and assuming appropriation of the necessary amounts, 

CBO estimates that implementing S. 2281 would cost $9 million 

over the 2009–2013 period. Enacting the bill would not affect direct 

spending or revenues. 

S. 2281 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

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

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2281 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— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 5 1 1 1 1 9 

Estimated Outlays .................................................................................... 4 2 1 1 1 9 

Basis of estimate: For this estimate, CBO assumes that S. 2281 

will be enacted near the beginning of fiscal year 2009 and that necessary funds will be appropriated for each fiscal year for the activities authorized by the bill. Estimated outlays are based on historical spending patterns for NOAA activities. 

The new boundary of the Thunder Bay National Marine Sanctuary and Underwater Preserve would include submerged lands off 

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

international border between the United States and Canada. Based 

on information from NOAA, CBO estimates that implementing S. 

2281 would cost $9 million over the 2009–2013 period. Of that 

amount, the agency would use $1 million per year to administer 


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the expanded area and $5 million to purchase a new vessel to conduct research. 

Intergovernmental and private-sector impact: S. 2281 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

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

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

State, Local, and Tribal Governments: Neil Hood; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT STATEMENT

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

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

Number of persons covered 

The reported bill would not authorize any new regulations and 

therefore will not subject any individuals or businesses to new regulations. 

Economic impact 

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

nation’s economy by increasing tourism and expanding sanctuary 

designation for historic resources. 

Privacy 

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

Paperwork 

The reported bill would not increase paperwork requirements for 

the private sector. The bill would require the Secretary of Commerce to produce updated National Oceanic and Atmospheric Administration nautical charts for the areas in which the Sanctuaries 

are located and complete an interim supplemental management 

plan for the Sanctuaries to include the expansion areas. 

CONGRESSIONALLY DIRECTED SPENDING

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

Rules of the Senate, the Committee provides that the bill as reported contains no Congressionally directed spending items. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the legislation may be cited as 

the ‘‘Thunder Bay National Marine Sanctuary and Underwater 

Preserve Boundary Modification Act.’’ 

Section 2. Findings and purposes 

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

the boundaries of the Thunder Bay National Marine Sanctuary and 

Underwater Preserve to encompass the offshore waters of Presque 

Island and Alcona counties in Michigan and outward to the interVerDate Aug 31 2005 01:40 Sep 30, 2008 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR511.XXX SR511

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national border between the United States and Canada to protect 

the underwater cultural resources. 

Section 3. Definitions 

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

Section 4. Sanctuary boundary adjustments 

This section would modify the existing Thunder Bay National 

Marine Sanctuary and Underwater Preserve boundaries to include 

the submerged land and underwater resources off of Alcona, 

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

international boundary with Canada. Also, it would permit the Secretary of Commerce to make minor adjustments to the boundary to 

facilitate enforcement and clarify the boundary to public. The modified Sanctuary would be managed as part of the National Marine 

Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that 

Act. The Secretary would produce updated NOAA nautical charts 

for the area in which the Sanctuary is located. 

Section 5. Extension of regulations and management 

This section would apply existing regulations of the Thunder Bay 

National Marine Sanctuary and Underwater Preserve to the expanded sanctuary, unless the Secretary of Commerce specifies 

otherwise by regulation. In addition, the Secretary would have the 

authority to certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity that currently 

exists in the sanctuary shall apply to such an activity conducted 

within the expanded sanctuary. To the extent practicable, the Secretary would apply the management plan currently in effect for the 

sanctuary to the expanded sanctuary. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

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

would make no change to existing law. 

Æ 


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