Union Calendar No. 382

104TH CONGRESS

2D SESSION H. R. 3487

[Report No. 104–717]

A BILL

To reauthorize the National Marine Sanctuaries

Act, and for other purposes.

JULY 29, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 382

104TH CONGRESS

2D SESSION H. R. 3487

[Report No. 104–717]

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

JULY 29, 1996

Additional sponsors: Mrs. CLAYTON, Mr. GEJDENSON, Mr. DEUTSCH, Mr.

TORKILDSEN, Mrs. SEASTRAND, Mr. BEILENSON, Mr. GILCHREST, Mr.

FALEOMAVAEGA, Mr. LONGLEY, Mr. CAMPBELL, Mr. CANADY of Florida,

Ms. WOOLSEY, Mr. PORTER, Mr. RIGGS, Mr. GOSS, Mr. JONES, and Mr.

GALLEGLY

JULY 29, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 16, 1996]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Marine Sanc3 tuaries Preservation Act’’.

4 SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES

5 ACT.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms of

8 an amendment to, or repeal of, a section or other provision,

9 the reference shall be considered to be made to a section or

10 other provision of the National Marine Sanctuaries Act (16

11 U.S.C. 1431–1445a).

12 SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE

13 SANCTUARIES ACT.

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

15 follows:

16 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated to the Sec18 retary to carry out this title—

19 ‘‘(1) $12,000,000 for fiscal year 1997;

20 ‘‘(2) $15,000,000 for fiscal year 1998; and

21 ‘‘(3) $18,000,000 for fiscal year 1999.’’.

22 SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION

23 PLAN FOR U.S.S. MONITOR.

24 The Secretary of Commerce shall, within 12 months

25 after the date of the enactment of this Act, prepare and sub26 mit to the Committee on Resources of the House of Rep-
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1 resentatives and the Committee on Commerce, Science, and

2 Transportation of the Senate a long-range, comprehensive

3 plan for the management, stabilization, preservation, and

4 recovery of artifacts and materials of the United States

5 Ship Monitor. In preparing and implementing the plan,

6 the Secretary shall to the extent feasible utilize the resources

7 of other Federal and private entities with expertise and ca8 pabilities that are helpful.

9 SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY

10 COUNCIL MEETINGS.

11 Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended

12 by inserting before the period at the end the following: ‘‘,

13 except that in the case of a meeting of an Advisory Council

14 established to provide assistance regarding any individual

15 national marine sanctuary the notice is not required to be

16 published in the Federal Register’’.

17 SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE

18 SANCTUARIES.

19 (a) INCORPORATION OF EXISTING PROVISION.—Sec20 tion 316 (16 U.S.C. 1445 note) is redesignated as section

21 317, section 2204 of the National Marine Sanctuaries Pro22 gram Amendments Act of 1992 (106 Stat. 5049) is moved

23 so as to appear in the National Marine Sanctuaries Act

24 following section 315, and that moved section is designated

25 as section 316 of the National Marine Sanctuaries Act.
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1 (b) AMENDMENT OF INCORPORATED SECTION.—Sec2 tion 316, as moved and designated by subsection (a) of this

3 section, is amended as follows:

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

5 subsections (b), (c), (d), (e), and (f) are redesignated

6 as subsections (a), (b), (c), (d), and (e), respectively.

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

8 matter preceding paragraph (1) is struck and the fol9 lowing is inserted:

10 ‘‘(a) AUTHORITY.—The Secretary may establish a pro11 gram consisting of—’’.

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

13 (A) ‘‘establishment’’ is struck and ‘‘solicita14 tion’’ is inserted; and

15 (B) ‘‘fees’’ is struck and ‘‘monetary or in16 kind contributions’’ is inserted.

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

18 (A) ‘‘fees’’ is struck and ‘‘monetary or in19 kind contributions’’ is inserted;

20 (B) ‘‘paragraph (5)’’ is struck and ‘‘para21 graphs (5) and (6)’’ is inserted;

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

23 inserted; and

24 (D) ‘‘in an interest-bearing revolving fund’’

25 is struck.
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1 (5) In subsection (a)(7), as so redesignated—

2 (A) ‘‘and use’’ is inserted after ‘‘expendi3 ture’’;

4 (B) ‘‘fees’’ is struck and ‘‘monetary and in5 kind contributions’’ is inserted; and

6 (C) ‘‘and any interest in the fund estab7 lished under paragraph (6)’’ is struck.

8 (6) In subsection (a), as so redesignated, para9 graphs (5), (6), and (7) are redesignated in order as

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

11 paragraph is inserted after paragraph (4):

12 ‘‘(5) the creation, marketing, and selling of prod13 ucts to promote the national marine sanctuary pro14 gram, and entering into exclusive or nonexclusive

15 agreements authorizing entities to create, market or

16 sell on the Secretary’s behalf;’’.

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

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

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

20 sale, marketing, or use of symbols and products related to

21 an individual national marine sanctuary shall be used to

22 support that sanctuary.’’.

23 (8) In subsection (e), as so redesignated—

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

2 subparagraphs (A), (B), (C), and (D) are redes3 ignated as paragraphs (1), (2), (3), and (4); and

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

5 ‘‘fee’’ is struck and ‘‘monetary or in-kind con6 tribution’’ is inserted.

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

8 redesignated, by striking ‘‘subsection (b)’’ and insert9 ing ‘‘subsection (a)’’.

10 SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.

11 Section 2305 of the Hawaiian Islands National Ma12 rine Sanctuary Act (16 U.S.C. 1433 note) is amended—

13 (1) in subsection (a)—

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

15 and

16 (B) by striking ‘‘the area described in sub17 section (b) is’’ and inserting ‘‘the area described

18 in subsection (b)(1) and any area included

19 under subsection (b)(2) are’’;

20 (2) by amending subsection (b)(2) to read as fol21 lows:

22 ‘‘(2)(A) Within 6 months after the date of receipt of

23 a request in writing from the Kahoolawe Island Reserve

24 Commission for inclusion within the Sanctuary of the area

25 of the marine environment within 3 nautical miles of the
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1 mean high tide line of Kahoolawe Island (in this section

2 referred to as the ‘Kahoolawe Island waters’), the Secretary

3 shall determine whether those waters may be suitable for

4 inclusion in the Sanctuary.

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

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

7 inclusion within the Sanctuary—

8 ‘‘(i) the Secretary shall provide notice of that de9 termination to the Governor of Hawaii; and

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

11 environmental impact statement, management plan,

12 and implementing regulations for that inclusion in

13 accordance with this Act, the National Marine Sanc14 tuaries Act, and the National Environmental Policy

15 Act of 1969.

16 ‘‘(C) Amounts may be appropriated to carry out this

17 paragraph under the authority provided in section 313 of

18 the National Marine Sanctuaries Act.’’; and

19 (3) by amending subsection (c) to read as fol20 lows:

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

22 If, within 45 days after the date of issuance of the com23 prehensive management plan and implementing regulations

24 under section 2306, the Governor of Hawaii certifies to the

25 Secretary that the management plan, the implementing reg-
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1 ulations, or any term of the plan or regulations is unaccept2 able, the management plan, regulation, or term, respec3 tively, shall not take effect in the area of the Sanctuary

4 lying within the seaward boundary of the State of Hawaii.

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

6 subparagraph (A) will affect the Sanctuary in such a man7 ner that the policy or purposes of this title cannot be ful8 filled, the Secretary may terminate the designation under

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

10 Secretary shall submit written notice of the termination to

11 the Committee on Resources of the House of Representatives

12 and the Committee on Commerce, Science, and Transpor13 tation of the Senate.

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

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

16 Governor of Hawaii certifies to the Secretary that the inclu17 sion of the Kahoolawe Island waters in the Sanctuary or

18 any term of that inclusion is unacceptable—

19 ‘‘(i) the inclusion or the term shall not take ef20 fect; and

21 ‘‘(ii) subsection (b)(2) shall not apply during the

22 3-year period beginning on the date of that certifi23 cation.

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

25 subparagraph (A) regarding a term of the inclusion of the
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1 Kahoolawe Island waters will affect the inclusion or the ad2 ministration of the Kahoolawe Island waters as part of the

3 Sanctuary in such a manner that the policy or purposes

4 of this title cannot be fulfilled, the Secretary may terminate

5 that inclusion.

6 ‘‘(3) Amounts may be appropriated to carry out this

7 subsection under the authority provided in section 313 of

8 the National Marine Sanctuaries Act.’’.

9 SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICA10 TION.

11 (a) MODIFICATION.—Notwithstanding section 304 of

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

13 boundaries of the Flower Garden Banks National Marine

14 Sanctuary, as designated by Public Law 102–251, are

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

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

17 of the Flower Garden Banks National Marine Sanctuary

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

19 designated by the Secretary of Commerce under the Na20 tional Marine Sanctuaries Act.

21 (b) DEPICTION OF SANCTUARY BOUNDARIES.—The

22 Secretary of Commerce shall—

23 (1) prepare a chart depicting the boundaries of

24 the Flower Garden Banks National Marine Sanc25 tuary, as modified by this section; and
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1 (2) submit copies of this chart to the Committee

2 on Resources of the House of Representatives and the

3 Committee on Commerce, Science, and Transpor4 tation of the Senate.

5 (c) APPLICATION OF REGULATIONS.—Regulations is6 sued by the Secretary of Commerce to implement the des7 ignation of the Flower Garden Banks National Marine

8 Sanctuary shall apply to the area described in subsection

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

10 take effect 45 days after the date of enactment of this Act.

11 (d) AREA DESCRIBED.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the area referred to in subsections (a), (b),

14 and (c) is the area that is—

15 (A) generally depicted on the Department of

16 the Interior, Minerals Management Service map

17 titled ‘‘Western Gulf of Mexico, Lease Sale 143,

18 September 1993, Biologically Sensitive Areas,

19 Map 3 of 3, Final’’;

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

21 Area South Addition diagram on that map; and

22 (C) within the 52 meter isobath.

23 (2) MINOR BOUNDARY ADJUSTMENTS.—The Sec24 retary of Commerce may make minor adjustments to

25 the boundaries of the area described in paragraph (1)
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1 as necessary to protect living coral resources or to

2 simplify administration of the Flower Garden Banks

3 National Marine Sanctuary and to establish precisely

4 the geographic boundaries of Stetson Bank. The ad5 justments shall not significantly enlarge or otherwise

6 alter the size of the area described in paragraph (1),

7 and shall not result in the restriction of oil and gas

8 activities otherwise permitted outside of the ‘‘no activ9 ity’’ zone designated for Stetson Bank as that zone is

10 depicted on the Minerals Management Service map

11 entitled ‘‘Final Notice of Sale 161, Western Gulf Mex12 ico, Biological Stipulation Map Package’’.

13 (e) PUBLICATION OF NOTICE.—

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

15 shall, as soon as practicable after the date of the en16 actment of this Act, publish in the Federal Register

17 a notice describing—

18 (A) the boundaries of the Flower Garden

19 Banks National Marine Sanctuary, as modified

20 by this section, and

21 (B) any modification of regulations appli22 cable to that Sanctuary that are necessary to im23 plement that modification of the boundaries of

24 the Sanctuary.
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1 (2) TREATMENT AS NOTICE REQUIRED UNDER

2 NATIONAL MARINE SANCTUARIES ACT.—A notice pub3 lished under paragraph (1) shall be considered to be

4 the notice required to be published under section

5 304(b)(1) of the National Marine Sanctuaries Act (16

6 U.S.C. 1434(b)(1)).

7 (f) AUTHORIZATION OF APPROPRIATIONS.—Amounts

8 may be appropriated to carry out this section under the

9 authority provided in section 313 of the National Marine

10 Sanctuaries Act, as amended by this Act.

11 SEC. 9. NORTHWEST STRAITS.

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

13 Sanctuary in the Northwest Straits of the State of Washing14 ton, on the same day the notice required by section

15 304(a)(1)(A) of the National Marine Sanctuaries Act is is16 sued, the Secretary of Commerce shall submit the documents

17 required by section 304(a)(1)(C) of the National Marine

18 Sanctuaries Act to the Advisory Committee established

19 under subsection (b). The Advisory Committee shall then

20 within 60 days review those documents and make rec21 ommendations to the Secretary regarding designation.

22 Upon receipt of the recommendations of the Advisory Com23 mittee, the Secretary shall submit the documents required

24 by section 304(a)(1)(A) of the National Marine Sanctuaries

25 Act along with recommendations of the Advisory Committee
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1 to the Committee on Resources of the House of Representa2 tives and the Committee on Commerce, Science, and Trans3 portation of the Senate.

4 (b) NORTHWEST STRAITS MARINE RESOURCES PRO5 TECTION ADVISORY COMMITTEE.—(1) There shall be estab6 lished, within 120 days after the date of enactment of this

7 subsection, the Northwest Straits Marine Resources Protec8 tion Advisory Committee, consisting of 11 members ap9 pointed by the Secretary, at least 8 of whom are appointed

10 in accordance with paragraph (2) and at least 1 of whom

11 is appointed from each of the following counties in western

12 Washington: San Juan, Island, Whatcom, Skagit, Snoho13 mish, and Clallam. This Advisory Committee shall be ex14 empt from the Federal Advisory Committee Act.

15 (2) The Secretary of Commerce shall appoint members

16 of the Advisory Committee from a list of individuals sub17 mitted by each county specified in paragraph (1), in ac18 cordance with the following requirements:

19 (A) A county may not submit the names of

20 individuals to the Secretary for appointment un21 less the county has determined that each individ22 ual, by reason of his or her occupational or other

23 experience, scientific expertise, or training, is

24 knowledgeable regarding the conservation and

25 management, or the commercial or recreational
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1 harvest or use, of the marine resources of Puget

2 Sound.

3 (B) Each list shall include the names and

4 pertinent biographical data of not less than 3 in5 dividuals for each applicable vacancy and shall

6 be accompanied by a statement by the county ex7 plaining how each individual meets the require8 ments under paragraph (1).

9 (C) The Secretary shall review each list sub10 mitted by a county to ascertain if the individ11 uals on the list are qualified for the vacancy on

12 the basis of the requirements under subpara13 graph (A). If the Secretary determines that no

14 individual on a county’s list is qualified, the

15 Secretary shall notify the county of that deter16 mination. The county shall then submit a revised

17 list or resubmit the original list with an addi18 tional explanation of the qualifications of the in19 dividuals in question.

20 (c) ADVISORY COMMITTEE REPORT.—Within 1 year of

21 the enactment of this Act, the Advisory Committee shall re22 port to the Secretary of Commerce on the adequacy of exist23 ing marine resources protection under local, State, and

24 Federal laws in the waters adjacent to the counties specified

25 in subsection (b)(1). This report shall recommend whether
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1 a special resources management area is necessary to protect

2 the marine resources in those waters. If the Advisory Com3 mittee recommends that a special resources management

4 area is necessary, then the report shall specify whether that

5 area should constitute a non-Federal management area, a

6 National Marine Sanctuary, or some other form.

7 (d) SUBMISSION OF NORTHWEST STRAITS DRAFT EN8 VIRONMENTAL IMPACT STATEMENT.—The Secretary of

9 Commerce shall not issue a draft Environmental Impact

10 Statement under the National Environmental Policy Act

11 of 1969 on a Northwest Straits National Marine Sanctuary

12 until receipt of this report. If the Secretary issues a draft

13 Environmental Impact Statement, it shall include the Ad14 visory Committee’s recommendation as an alternative.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—None of

16 the funds authorized to be appropriated under this Act may

17 be used to designate a National Marine Sanctuary in the

18 Northwest Straits except in accordance with this section.