I

104TH CONGRESS

2D SESSION H. R. 3487

To reauthorize the National Marine Sanctuaries Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. SAXTON (for himself and Mr. FARR of California) introduced the following

bill; which was referred to the Committee on Resources

A BILL

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’’.

6 SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES

7 ACT.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a
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1 section or other provision of National Marine Sanctuaries

2 Act (16 U.S.C. 1431–1445a).

3 SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE

4 SANCTUARIES ACT.

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

6 follows:

7 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to the Sec9 retary to carry out this title—

10 ‘‘(1) $12,000,000 for fiscal year 1997;

11 ‘‘(2) $13,500,000 for fiscal year 1998; and

12 ‘‘(3) $15,000,000 for fiscal year 1999.’’.

13 SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION

14 PLAN FOR U.S.S. MONITOR.

15 The Secretary of Commerce shall, on or before May

16 1, 1997, prepare and submit to the Committee on Re17 sources of the House of Representatives a long-range,

18 comprehensive plan for the management, stabilization,

19 preservation, and recovery of artifacts and materials of the

20 United States ship Monitor.

21 SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY

22 COUNCIL MEETINGS.

23 Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amend24 ed by inserting before the period at the end the following:

25 ‘‘, except that in the case of a meeting of an Advisory
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1 Council established to provide assistance regarding any in2 dividual national marine sanctuary the notice is not re3 quired to be published in the Federal Register.’’.

4 SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE

5 SANCTUARIES.

6 Section 316 (16 U.S.C. 1445 note) is redesignated

7 as section 319, and the following new section is inserted

8 after section 315:

9 ‘‘SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE

10 SANCTUARIES.

11 ‘‘(a) AUTHORITIES.—The Secretary may—

12 ‘‘(1) create, adopt, and publish in the Federal

13 Register a symbol for the national marine sanctuary

14 program or for any individual national marine sanc15 tuary (or both);

16 ‘‘(2) solicit persons to be designated as official

17 sponsors of the national marine sanctuary program

18 or of individual national marine sanctuaries;

19 ‘‘(3) designate persons as official sponsors of

20 the national marine sanctuary program or of individ21 ual sanctuaries;

22 ‘‘(4) authorize the manufacture, reproduction,

23 or use of a symbol published under paragraph (1),

24 by appropriate persons designated as sponsors of the
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1 national marine sanctuary program or of any indi2 vidual national marine sanctuary, as applicable;

3 ‘‘(5) establish and collect fees for manufacture,

4 reproduction, or use of symbols published under

5 paragraph (1), in the form of monetary payments or

6 in-kind contributions; and

7 ‘‘(6) create, market, and sell products to pro8 mote the national marine sanctuary program or any

9 individual national marine sanctuary, and enter into

10 exclusive or nonexclusive agreements authorizing

11 persons to create, market, or sell such products.

12 ‘‘(b) CONTRACT AUTHORITY.—The Secretary may

13 contract with any person for the creation of symbols or

14 the solicitation of official sponsors under subsection (a).

15 ‘‘(c) RESTRICTIONS.—The Secretary shall restrict the

16 use of symbols published under subsection (a) and the des17 ignation of official sponsors of the national marine sanc18 tuary program or of any individual national marine sanc19 tuary, to ensure compatibility of a use or designation with

20 the purposes and policies of this title.

21 ‘‘(d) PROPERTY OF THE UNITED STATES.—Any sym22 bol which is adopted and published in the Federal Register

23 by the Secretary under subsection (a) is deemed to be the

24 property of the United States.

25 ‘‘(e) PROHIBITED ACTIVITIES.—It is unlawful—
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1 ‘‘(1) for any person who is an official sponsor

2 designated by the Secretary under subsection (a) to

3 influence or seek to influence any decision by the

4 Secretary or any other Federal official related to the

5 designation or management of a national marine

6 sanctuary, except to the extent that a person who is

7 not an official sponsor may do so;

8 ‘‘(2) for any person who is not designated by

9 the Secretary under subsection (a) as an official

10 sponsor of the national marine sanctuaries program

11 or of an individual national marine sanctuary to rep12 resent himself as being such an official sponsor;

13 ‘‘(3) for any person to manufacture, reproduce,

14 or use any symbol adopted and published by the Sec15 retary under subsection (a), if the person—

16 ‘‘(A) is not an official sponsor designated

17 by the Secretary under subsection (a); or

18 ‘‘(B) has not paid any fee established by

19 the Secretary for that manufacture, reproduc20 tion, or use; or

21 ‘‘(4) to violate any regulation promulgated by

22 the Secretary under this section.

23 ‘‘(f) NATIONAL MARINE SANCTUARIES ACCOUNT.—

24 ‘‘(1) ESTABLISHMENT.—There is established in

25 the general fund of the Treasury a separate account,
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1 which shall be known as the ‘National Marine Sanc2 tuaries Program Account’. The Account consists

3 of—

4 ‘‘(A) a national marine sanctuaries pro5 gram subaccount; and

6 ‘‘(B) a subaccount for each national ma7 rine sanctuary.

8 ‘‘(2) DEPOSITS.—

9 ‘‘(A) IN GENERAL.—There shall be depos10 ited into the Account all amounts received by

11 the United States as fees under subsection

12 (a)(5) or as proceeds of products under sub13 section (a)(6).

14 ‘‘(B) CREDITING SUBACCOUNTS.—

15 Amounts deposited into the Account as pro16 ceeds of any symbol for, or product relating to,

17 the national marine sanctuary program gen18 erally shall be credited to the national marine

19 sanctuaries program subaccount. Amounts de20 posited into the Account as fees or other pro21 ceeds of any symbol for, or product relating to,

22 an individual national marine sanctuary shall be

23 credited to the subaccount for that national ma24 rine sanctuary.
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1 ‘‘(3) USE.—Amounts deposited into the Ac2 count and credited to the national marine sanc3 tuaries program subaccount may be used by the Sec4 retary without further appropriation for operations

5 and activities of the national marine sanctuaries pro6 gram generally. Amounts deposited into the Account

7 and credited to the subaccount for an individual na8 tional marine sanctuary may be used by the Sec9 retary without further appropriation for operations

10 and activities of that sanctuary.’’.

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