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[Senate Report 110-511]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                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

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West         KAY BAILEY HUTCHISON, Texas
    Virginia                         TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts         JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri           ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota

          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

                                                      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

                                 REPORT

                         [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 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 Sanctuary, which enveloped the existing Key 
Largo and Looe Key National Marine Sanctuaries in 1996. The 
Executive Branch used authorities provided by the Antiquities 
Act of 1906 (16 U.S.C. 431), to designate the Papahanaumokuakea 
National Monument 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 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 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 international border between the United States 
and Canada to protect the underwater cultural resources.

Section 3. Definitions

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

Section 4. Sanctuary boundary adjustments

  This section would modify the existing Thunder Bay National 
Marine Sanctuary and Underwater Preserve boundaries to include 
the submerged land and underwater resources off of Alcona, 
Alpena, and Presque Isle counties in Michigan and outward to 
the international boundary with Canada. 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.

                                  
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