IIA

104TH CONGRESS

2D SESSION H. R. 3487

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 1996

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To reauthorize the National Marine Sanctuaries Act, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Marine Sanc5 tuaries Preservation Act’’.
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1 SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES

2 ACT.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a

7 section or other provision of National Marine Sanctuaries

8 Act (16 U.S.C. 1431–1445a).

9 SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE

10 SANCTUARIES ACT.

11 Section 313 (16 U.S.C. 1444) is amended to read as

12 follows:

13 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated to the Sec15 retary to carry out this title—

16 ‘‘(1) $12,000,000 for fiscal year 1997;

17 ‘‘(2) $15,000,000 for fiscal year 1998; and

18 ‘‘(3) $18,000,000 for fiscal year 1999.’’.

19 SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION

20 PLAN FOR U.S.S. MONITOR.

21 The Secretary of Commerce shall, within 12 months

22 after the date of the enactment of this Act, prepare and

23 submit to the Committee on Resources of the House of

24 Representatives and the Committee on Commerce,

25 Science, and Transportation of the Senate a long-range,

26 comprehensive plan for the management, stabilization,
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1 preservation, and recovery of artifacts and materials of the

2 United States Ship Monitor. In preparing and implement3 ing the plan, the Secretary shall to the extent feasible uti4 lize the resources of other Federal and private entities

5 with expertise and capabilities that are helpful.

6 SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY

7 COUNCIL MEETINGS.

8 Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amend9 ed by inserting before the period at the end the following:

10 ‘‘, except that in the case of a meeting of an Advisory

11 Council established to provide assistance regarding any in12 dividual national marine sanctuary the notice is not re13 quired to be published in the Federal Register’’.

14 SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE

15 SANCTUARIES.

16 (a) INCORPORATION OF EXISTING PROVISION.—Sec17 tion 316 (16 U.S.C. 1445 note) is redesignated as section

18 317, section 2204 of the National Marine Sanctuaries

19 Program Amendments Act of 1992 (106 Stat. 5049) is

20 moved so as to appear in the National Marine Sanctuaries

21 Act following section 315, and that moved section is des22 ignated as section 316 of the National Marine Sanctuaries

23 Act.
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1 (b) AMENDMENT OF INCORPORATED SECTION.—Sec2 tion 316, as moved and designated by subsection (a) of

3 this section, is amended as follows:

4 (1) Subsections (a), (g), and (h) are struck, and

5 subsections (b), (c), (d), (e), and (f) are redesig6 nated as subsections (a), (b), (c), (d), and (e), re7 spectively.

8 (2) In subsection (a), as so redesignated, the

9 matter preceding paragraph (1) is struck and the

10 following is inserted:

11 ‘‘(a) AUTHORITY.—The Secretary may establish a

12 program consisting of—’’.

13 (3) In subsection (a)(5), as so redesignated—

14 (A) ‘‘establishment’’ is struck and ‘‘solici15 tation’’ is inserted; and

16 (B) ‘‘fees’’ is struck and ‘‘monetary or in17 kind contributions’’ is inserted.

18 (4) In subsection (a)(6), as so redesignated—

19 (A) ‘‘fees’’ is struck and ‘‘monetary or in20 kind contributions’’ is inserted;

21 (B) ‘‘paragraph (5)’’ is struck and ‘‘para22 graphs (5) and (6)’’ is inserted;

23 (C) ‘‘assessed’’ is struck and ‘‘collected’’ is

24 inserted; and
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1 (D) ‘‘in an interest-bearing revolving fund’’

2 is struck.

3 (5) In subsection (a)(7), as so redesignated—

4 (A) ‘‘and use’’ is inserted after ‘‘expendi5 ture’’;

6 (B) ‘‘fees’’ is struck and ‘‘monetary and

7 in-kind contributions’’ is inserted; and

8 (C) ‘‘and any interest in the fund estab9 lished under paragraph (6)’’ is struck.

10 (6) In subsection (a), as so redesignated, para11 graphs (5), (6), and (7) are redesignated in order as

12 paragraphs (6), (7), and (8), and the following new

13 paragraph is inserted after paragraph (4):

14 ‘‘(5) the creation, marketing, and selling of

15 products to promote the national marine sanctuary

16 program, and entering into exclusive or nonexclusive

17 agreements authorizing entities to create, market or

18 sell on the Secretary’s behalf;’’.

19 (7) The following new sentence is added at the

20 end of subsection (a), as so redesignated:

21 ‘‘Monetary and in-kind contributions raised through the

22 sale, marketing, or use of symbols and products related

23 to an individual national marine sanctuary shall be used

24 to support that sanctuary.’’.

25 (8) In subsection (e), as so redesignated—
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1 (A) paragraph (2) is struck;

2 (B) in paragraph (1), ‘‘(1)’’ is struck, and

3 subparagraphs (A), (B), (C), and (D) are redes4 ignated as paragraphs (1), (2), (3), and (4);

5 and

6 (C) in paragraph (3), as so redesignated,

7 ‘‘fee’’ is struck and ‘‘monetary or in-kind con8 tribution’’ is inserted.

9 (9) In each of subsections (b), (c), and (d), as

10 so redesignated, by striking ‘‘subsection (b)’’ and in11 serting ‘‘subsection (a)’’.

12 SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANC13 TUARY.

14 (a) INCLUSION OF KAHOOLAWE ISLAND WATERS.—

15 Section 2305 of the Hawaiian Islands National Marine

16 Sanctuary Act (16 U.S.C. 1433 note) is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘(A)’’ and inserting ‘‘(a)’’;

19 and

20 (B) by striking ‘‘the area described in sub21 section (b) is’’ and inserting ‘‘the area de22 scribed in subsection (b)(1) and any area in23 cluded under subsection (b)(2) are’’;

24 (2) by amending subsection (b)(2) to read as

25 follows:
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1 ‘‘(2)(A) Within 6 months after the date of receipt of

2 a request in writing from the Kahoolawe Island Reserve

3 Commission for inclusion within the Sanctuary of the area

4 of the marine environment within 3 nautical miles of the

5 mean high tide line of Kahoolawe Island (in this section

6 referred to as the ‘Kahoolawe Island waters’), the Sec7 retary shall determine whether those waters may be suit8 able for inclusion in the Sanctuary.

9 ‘‘(B) If the Secretary determines under subparagraph

10 (A) that the Kahoolawe Island waters may be suitable for

11 inclusion within the Sanctuary—

12 ‘‘(i) the Secretary shall provide notice of that

13 determination to the Governor of Hawaii; and

14 ‘‘(ii) the Secretary shall prepare a supplemental

15 environmental impact statement, management plan,

16 and implementing regulations for that inclusion in

17 accordance with this Act, the National Marine Sanc18 tuaries Act, and the National Environmental Policy

19 Act of 1969.’’; and

20 (3) by amending subsection (c) to read as fol21 lows:

22 ‘‘(c) EFFECT OF OBJECTION BY GOVERNOR.—(1)(A)

23 If, within 45 days after the date of issuance of the com24 prehensive management plan and implementing regula25 tions under section 2306, the Governor of Hawaii certifies
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1 to the Secretary that the management plan, the imple2 menting regulations, or any term of the plan or regula3 tions is unacceptable, the management plan, regulation,

4 or term, respectively, shall not take effect in the area of

5 the Sanctuary lying within the seaward boundary of the

6 State of Hawaii.

7 ‘‘(B) If the Secretary considers that an action under

8 subparagraph (A) will affect the Sanctuary in such a man9 ner that the policy or purposes of this title cannot be ful10 filled, the Secretary may terminate the designation under

11 subsection (a). At least 30 days before that termination,

12 the Secretary shall submit written notice of the termi13 nation to the Committee on Resources of the House of

14 Representatives and the Committee on Commerce,

15 Science, and Transportation of the Senate.

16 ‘‘(2)(A) If, within 45 days after the Secretary issues

17 the documents required under subsection (b)(2)(B)(ii), the

18 Governor of Hawaii certifies to the Secretary that the in19 clusion of the Kahoolawe Island waters in the Sanctuary

20 or any term of that inclusion is unacceptable—

21 ‘‘(i) the inclusion or the term shall not take ef22 fect; and

23 ‘‘(ii) subsection (b)(2) shall not apply during

24 the 3-year period beginning on the date of that cer25 tification.
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1 ‘‘(B) If the Secretary considers that an action under

2 subparagraph (A) regarding a term of the inclusion of the

3 Kahoolawe Island waters will affect the inclusion or the

4 administration of the Kahoolawe Island waters as part of

5 the Sanctuary in such a manner that the policy or pur6 poses of this title cannot be fulfilled, the Secretary may

7 terminate that inclusion.’’.

8 (b) LIMITATION ON USER FEES.—The Hawaiian Is9 lands National Marine Sanctuary Act (16 U.S.C. 1433

10 note) is further amended by redesignating section 2307

11 as section 2308, and by inserting after section 2306 the

12 following new section:

13 ‘‘SEC. 2307. LIMITATION ON USER FEES.

14 ‘‘(a) LIMITATION.—The Secretary shall not institute

15 any user fee under this Act or the National Marine Sanc16 tuaries Act for any activity within the Hawaiian Islands

17 National Marine Sanctuary or any use of the Sanctuary

18 or its resources.

19 ‘‘(b) USER FEE DEFINED.—In this section, the term

20 ‘user fee’ does not include—

21 ‘‘(1) any fee authorized by section 310 of the

22 National Marine Sanctuaries Act;

23 ‘‘(2) any gift or donation received under section

24 311 of that Act; and
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1 ‘‘(3) any monetary or in-kind contributions

2 under section 316 of that Act.’’.

3 SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICA4 TION.

5 (a) MODIFICATION.—Notwithstanding section 304 of

6 the National Marine Sanctuaries Act (16 U.S.C. 1434),

7 the boundaries of the Flower Garden Banks National Ma8 rine Sanctuary, as designated by Public Law 102–251, are

9 amended to include the area described in subsection (d),

10 popularly known as Stetson Bank. This area shall be part

11 of the Flower Garden Banks National Marine Sanctuary

12 and shall be managed and regulated as though it had been

13 designated by the Secretary of Commerce under the Na14 tional Marine Sanctuaries Act.

15 (b) DEPICTION OF SANCTUARY BOUNDARIES.—The

16 Secretary of Commerce shall—

17 (1) prepare a chart depicting the boundaries of

18 the Flower Garden Banks National Marine Sanc19 tuary, as modified by this section; and

20 (2) submit copies of this chart to the Commit21 tee on Resources of the House of Representatives

22 and the Committee on Commerce, Science, and

23 Transportation of the Senate.

24 (c) APPLICATION OF REGULATIONS.—Regulations is25 sued by the Secretary of Commerce to implement the des-
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1 ignation of the Flower Garden Banks National Marine

2 Sanctuary shall apply to the area described in subsection

3 (d), unless modified by the Secretary. This subsection

4 shall take effect 45 days after the date of enactment of

5 this Act.

6 (d) AREA DESCRIBED.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the area referred to in subsections (a),

9 (b), and (c) is the area that is—

10 (A) generally depicted on the Department

11 of the Interior, Minerals Management Service

12 map titled ‘‘Western Gulf of Mexico, Lease Sale

13 143, September 1993, Biologically Sensitive

14 Areas, Map 3 of 3, Final’’;

15 (B) labeled ‘‘Stetson’’ on the High Island

16 Area South Addition diagram on that map; and

17 (C) within the 52 meter isobath.

18 (2) MINOR BOUNDARY ADJUSTMENTS.—The

19 Secretary of Commerce may make minor adjust20 ments to the boundaries of the area described in

21 paragraph (1) as necessary to protect living coral re22 sources or to simplify administration of the Flower

23 Garden Banks National Marine Sanctuary and to

24 establish precisely the geographic boundaries of

25 Stetson Bank. The adjustments shall not signifi-
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1 cantly enlarge or otherwise alter the size of the area

2 described in paragraph (1), and shall not result in

3 the restriction of oil and gas activities otherwise per4 mitted outside of the ‘‘no activity’’ zone designated

5 for Stetson Bank as that zone is depicted on the

6 Minerals Management Service map entitled ‘‘Final

7 Notice of Sale 161, Western Gulf of Mexico, Biologi8 cal Stipulation Map Package’’.

9 (e) PUBLICATION OF NOTICE.—

10 (1) IN GENERAL.—The Secretary of Commerce

11 shall, as soon as practicable after the date of the en12 actment of this Act, publish in the Federal Register

13 a notice describing—

14 (A) the boundaries of the Flower Garden

15 Banks National Marine Sanctuary, as modified

16 by this section, and

17 (B) any modification of regulations appli18 cable to that Sanctuary that are necessary to

19 implement that modification of the boundaries

20 of the Sanctuary.

21 (2) TREATMENT AS NOTICE REQUIRED UNDER

22 NATIONAL MARINE SANCTUARIES ACT.—A notice

23 published under paragraph (1) shall be considered to

24 be the notice required to be published under section
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1 304(b)(1) of the National Marine Sanctuaries Act

2 (16 U.S.C. 1434(b)(1)).

3 (f) AUTHORIZATION OF APPROPRIATIONS.—Amounts

4 may be appropriated to carry out this section under the

5 authority provided in section 313 of the National Marine

6 Sanctuaries Act, as amended by this Act.

7 SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.

8 (a) Section 301(b)(2) of the National Marine Sanc9 tuaries Act (16 U.S.C. 1431(b)(2)) is amended by striking

10 the period at the end and inserting a semicolon.

11 (b) Section 302 of the National Marine Sanctuaries

12 Act (16 U.S.C. 1432) is amended—

13 (1) in paragraph (6) by striking ‘‘, and’’ at the

14 end of subparagraph (C) and inserting a semicolon;

15 and

16 (2) in paragraph (7) by striking ‘‘and’’ after

17 the semicolon at the end.

18 (c) Section 307(e)(1)(A) of the National Marine

19 Sanctuaries Act (16 U.S.C. 1437(e)(1)(A)) is amended by

20 inserting ‘‘of 1980’’ before the period at the end.

21 (d) Section 2109 of the National Marine Sanctuaries

22 Program Amendments Act of 1992 (106 Stat. 5045) is

23 amended by striking the open quotation marks before

24 ‘‘Section 311’’.
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1 (e) Section 2110(d) of the National Marine Sanc2 tuaries Program Amendments Act of 1992 (106 Stat.

3 5046) is deemed to have amended section 312(b)(1) of the

4 Marine Protection, Research, and Sanctuaries Act of 1972

5 (16 U.S.C. 1443(b)(1)) by inserting ‘‘or authorize’’ after

6 ‘‘undertake’’.

7 (f) The material added to the Marine Protection, Re8 search, and Sanctuaries Act of 1972 by section 2112 of

9 the National Marine Sanctuaries Program Amendments

10 Act of 1992 (106 Stat. 5046)—

11 (1) is deemed to have been added by that sec12 tion at the end of title III of the Marine Protection,

13 Research, and Sanctuaries Act of 1972; and

14 (2) shall not be considered to have been added

15 by that section to the end of the Marine Protection,

16 Research, and Sanctuaries Act of 1972.

17 (g) Section 2202(e) of the National Marine Sanc18 tuaries Program Amendments Act of 1992 (16 U.S.C.

19 1433 note) is amended by striking ‘‘section 304(e)’’ and

20 inserting ‘‘304(d)’’.

21 (h) Section 304(b)(3) of the National Marine Sanc22 tuaries Act (16 U.S.C. 1434(b)(3)) is amended—

23 (1) by striking subparagraphs (B) and (C);
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1 (2) by moving the text of subparagraph (A) so

2 as to begin at the end of the line on which appears

3 the heading for paragraph (3);

4 (3) by moving clauses (i) and (ii) of subpara5 graph (A) 2 ems to the left, so that the left margins

6 of clauses (i) and (ii) are aligned with the left mar7 gin of paragraph (3);

8 (4) by striking ‘‘(A) In’’ and inserting ‘‘In’’;

9 (5) by striking ‘‘(i)’’ and inserting ‘‘(A)’’; and

10 (6) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’.

11 SEC. 10. NORTHWEST STRAITS.

12 (a) NORTHWEST STRAITS MARINE RESOURCES PRO13 TECTION ADVISORY COMMITTEE.—(1) There shall be es14 tablished, within 120 days after the date of enactment of

15 this subsection, the Northwest Straits Marine Resources

16 Protection Advisory Committee, consisting of 11 members

17 appointed by the Secretary of Commerce, at least 8 of

18 whom are appointed in accordance with paragraph (2) and

19 at least 1 of whom is appointed from each of the following

20 counties in western Washington: Jefferson, San Juan, Is21 land, Whatcom, Skagit, Snohomish, and Clallam. This Ad22 visory Committee shall be exempt from the Federal Advi23 sory Committee Act.

24 (2) The Secretary of Commerce shall appoint mem25 bers of the Advisory Committee from a list of individuals
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1 submitted by each county specified in paragraph (1), in

2 accordance with the following requirements:

3 (A) A county may not submit the names of in4 dividuals to the Secretary for appointment unless

5 the county has determined that each individual, by

6 reason of his or her occupational or other experi7 ence, scientific expertise, or training, is knowledge8 able regarding the conservation and management, or

9 the commercial or recreational harvest or use, of the

10 marine resources of the Northwest Straits.

11 (B) Each list shall include the names and perti12 nent biographical data of not less than 3 individuals

13 for each applicable vacancy and shall be accom14 panied by a statement by the county explaining how

15 each individual meets the requirements under para16 graph (1).

17 (C) The Secretary shall review each list submit18 ted by a county to ascertain if the individuals on the

19 list are qualified for the vacancy on the basis of the

20 requirements under subparagraph (A). If the Sec21 retary determines that no individual on a county’s

22 list is qualified, the Secretary shall notify the county

23 in writing of that determination, and provide the

24 county an explanation of that determination. The

25 county shall then submit a revised list or resubmit
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1 the original list with an additional explanation of the

2 qualifications of the individuals in question.

3 (b) ADVISORY COMMITTEE REPORT.—Within 1 year

4 of the enactment of this Act, the Advisory Committee es5 tablished under subsection (a) shall report to the Sec6 retary of Commerce on the adequacy of existing marine

7 resources protection under local, State, and Federal laws

8 in the Northwest Straits. This report shall recommend

9 whether a special resources management area is necessary

10 to protect the marine resources of the Northwest Straits.

11 If the Advisory Committee recommends that a special re12 sources management area is necessary, then the report

13 shall specify whether that area should constitute a non14 Federal management area, a national marine sanctuary,

15 or some other form. The Secretary shall make available

16 to the Advisory Committee any staff, information, admin17 istrative services, or other assistance reasonably required

18 to carry out its functions.

19 (c) SUBMISSION OF NORTHWEST STRAITS DRAFT

20 ENVIRONMENTAL IMPACT STATEMENT.—The Secretary

21 of Commerce shall not issue a draft Environmental Impact

22 Statement under the National Environmental Policy Act

23 of 1969 on a national marine sanctuary in the Northwest

24 Straits until receipt of the report required under sub25 section (b). If the Secretary issues a draft Environmental
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1 Impact Statement, it shall include the Advisory Commit2 tee’s recommendation as an alternative.

3 (d) SUBMISSION OF DOCUMENTS.—In the case of a

4 national marine sanctuary in the Northwest Straits, on

5 the same day the notice required by section 304(a)(1)(A)

6 of the National Marine Sanctuaries Act is issued, the Sec7 retary of Commerce shall submit the documents required

8 by section 304(a)(1)(C) of the National Marine Sanc9 tuaries Act to the Advisory Committee established under

10 subsection (a) and shall publish notice of that submission

11 in the Federal Register. The Advisory Committee shall

12 then within 60 days review those documents and make rec13 ommendations to the Secretary regarding designation.

14 Upon receipt of the recommendations of the Advisory

15 Committee, the Secretary shall submit the documents re16 quired by section 304(a)(1)(A) of the National Marine

17 Sanctuaries Act along with recommendations of the Advi18 sory Committee to the Committee on Resources of the

19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate.

21 (e) CONGRESSIONAL AUTHORIZATION OF DESIGNA22 TION REQUIRED.—No designation of an area in the

23 Northwest Straits as a national marine sanctuary under

24 the National Marine Sanctuaries Act shall take effect un25 less that designation is specifically authorized by a law en-
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1 acted after the date of publication of the notice of submis2 sion required under subsection (d).

3 (f) DEFINITIONS.—

4 (1) NORTHWEST STRAITS.—In this section the

5 term ‘‘Northwest Straits’’ means the area generally

6 described as the Washington State Nearshore area

7 in the notice published by the Secretary of Com8 merce in the Federal Register on August 4, 1983.

9 (2) COUNTY.—In subsection (a)(2), the term

10 ‘‘county’’ means each local elected legislative body

11 that represents a county specified in subsection

12 (a)(1).

13 SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN

14 BANK NATIONAL MARINE SANCTUARY.

15 The Stellwagen Bank National Marine Sanctuary

16 shall be known and designated as the ‘‘Gerry E. Studds

17 Stellwagen Bank National Marine Sanctuary’’. Any ref18 erence in a law, map, regulation, document, paper, or

19 other record of the United States to that national marine

20 sanctuary shall be deemed to be a reference to the ‘‘Gerry

21 E. Studds Stellwagen Bank National Marine Sanctuary’’.

Passed the House of Representatives September 4,

1996.

Attest: ROBIN H. CARLE,

Clerk.