II 

118TH CONGRESS 

2D SESSION S. 4816 

To provide for the establishment of the Alabama Underwater Forest National 

Marine Sanctuary, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2024 

Mr. TUBERVILLE introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide for the establishment of the Alabama Underwater 

Forest National Marine Sanctuary, 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 ‘‘Alabama Underwater 

5 Forest National Marine Sanctuary and Protection Act’’. 

6 SEC. 2. POLICY AND PURPOSE. 

7 (a) POLICY.—It is the policy of the United States to 

8 protect and preserve the ancient cypress trees located off 

9 the coast of Alabama, known as the ‘‘Alabama Underwater 

10 Forest’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4816 IS

1 (b) PURPOSE.—The purpose of this Act is to protect 

2 the resources of the area described in section 4(b), to edu3 cate and interpret for the public regarding the ancient 

4 Alabama Underwater Forest environment, and to manage 

5 human uses of the Alabama Underwater Forest National 

6 Marine Sanctuary consistent with this Act and title III 

7 of the Marine Protection, Research, and Sanctuaries Act 

8 of 1972 (16 U.S.C. 1431 et seq.). 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) SANCTUARY.—The term ‘‘Sanctuary’’ 

12 means the Alabama Underwater Forest National 

13 Marine Sanctuary designated under section 4(a). 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

16 SEC. 4. SANCTUARY DESIGNATION. 

17 (a) DESIGNATION.—The area described in subsection 

18 (b) is designated as the Alabama Underwater Forest Na19 tional Marine Sanctuary pursuant to title III of the Ma20 rine Protection, Research, and Sanctuaries Act of 1972 

21 (16 U.S.C. 1431 et seq.). 

22 (b) AREA INCLUDED.— 

23 (1) IN GENERAL.—The Sanctuary shall consist 

24 only of all waters and submerged lands within the 

25 boundary described in paragraph (2). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4816 IS

1 (2) BOUNDARY.—The boundary referred to in 

2 paragraph (1) shall encompass only the area within 

3 the following coordinates: 

4 (A) 30°, 7 minutes, 20.2116 seconds north 

5 latitude; 87°, 49 minutes, 15.7404 seconds west 

6 longitude. 

7 (B) 30°, 7 minutes, 20.2116 seconds north 

8 latitude; 87°, 43 minutes, 44.8536 seconds west 

9 longitude. 

10 (C) 30°, 5 minutes, 42.6552 seconds north 

11 latitude; 87°, 43 minutes, 44.8536 seconds west 

12 longitude. 

13 (D) 30°, 5 minutes, 42.6552 seconds north 

14 latitude; 87°, 49 minutes, 15.7404 seconds west 

15 longitude. 

16 (E) 30°, 7 minutes, 20.2116 seconds north 

17 latitude; 87°, 49 minutes, 15.7404 seconds west 

18 longitude. 

19 (3) CHARTS.—The Sanctuary shall be generally 

20 identified and depicted on National Oceanic and At21 mospheric Administration charts that shall be main22 tained in an online format and which shall be up23 dated to reflect boundary modifications made pursu24 ant to this section. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4816 IS

1 SEC. 5. PROHIBITION OF CERTAIN USES. 

2 (a) PROHIBITED ACTIVITIES.—The following activi3 ties are prohibited and are unlawful for any person to con4 duct or to cause to be conducted within the Sanctuary: 

5 (1) Cutting, removing, or damaging cypress 

6 trees. 

7 (2) Any kind of subsurface salvage of the cy8 press trees. 

9 (3) Lowering below the surface of the water any 

10 grappling, suction, conveyor, dredging, or wrecking 

11 device. 

12 (4) Detonating below the surface of the water 

13 any explosive or explosive mechanism. 

14 (5) Drilling or coring the seabed. 

15 (6) Lowering, laying, positioning, or raising any 

16 type of seabed cable or cable-laying device. 

17 (b) EXCEPTIONS.— 

18 (1) IN GENERAL.—The prohibitions in sub19 section (a) shall not apply to the following: 

20 (A) Fishing, diving, mooring, or similar 

21 recreational or commercial activities. 

22 (B) Necessary operations of public vessels, 

23 including operations essential for national de24 fense, law enforcement, and responses to emer25 gencies that threaten life, property, or the envi26 ronment. 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4816 IS

1 (C) Construction or placement of artificial 

2 reef structures for the purpose of enhancing 

3 fishery resources, fishing opportunities, or rec4 reational diving opportunities. 

5 (D) Exploration, development, or produc6 tion of oil or gas pursuant to a lease, permit, 

7 or other authorization, if such lease, permit, or 

8 authorization is issued on or before the date of 

9 enactment of this Act. 

10 (2) OTHER ACTIVITIES.—The Secretary, acting 

11 through the Director of the Office of National Ma12 rine Sanctuaries, may allow a person to conduct an 

13 activity that would otherwise be prohibited under 

14 subsection (a) if such activity meets the standards of 

15 title III of the Marine Protection, Research, and 

16 Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), 

17 as determined by the Secretary. 

18 SEC. 6. COMPREHENSIVE MANAGEMENT PLAN. 

19 (a) PREPARATION OF PLAN.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary, in 

22 consultation with appropriate Federal, State, and 

23 local government authorities and with the advisory 

24 council established under section 7, shall develop a 

25 comprehensive management plan and implement regVerDate Sep 11 2014 22:16 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816

ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4816 IS

1 ulations to achieve the policy and purpose of this 

2 Act. 

3 (2) APPLICABLE LAW.—In developing the com4 prehensive management plan and implementing reg5 ulations under paragraph (1), the Secretary shall 

6 follow the procedures described in sections 303 and 

7 304 of the Marine Protection, Research, and Sanc8 tuaries Act of 1972 (16 U.S.C. 1433 and 1434). 

9 (3) PLAN DETAILS.—The comprehensive man10 agement plan required under paragraph (1) shall— 

11 (A) facilitate all public and private uses of 

12 the Sanctuary compatible with the primary ob13 jective of Sanctuary resource protection, with a 

14 focus on facilitating— 

15 (i) fishing, diving, or similar rec16 reational or commercial activities; and 

17 (ii) construction or placement of arti18 ficial reef structures for the purpose of en19 hancing fishery resources, fishing opportu20 nities, or recreational diving opportunities; 

21 (B) consider temporal and geographical 

22 zoning, to ensure protection of Sanctuary re23 sources; 

24 (C) identify needs for research and ecologi25 cal monitoring; and 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4816 IS

1 (D) ensure coordination and cooperation 

2 between Sanctuary managers and— 

3 (i) other Federal, State, and local au4 thorities with jurisdiction within or adja5 cent to the Sanctuary; and 

6 (ii) owners, operators, and stake7 holders with respect to existing oil and gas 

8 operations within or adjacent to the Sanc9 tuary. 

10 (b) PUBLIC PARTICIPATION.—The Secretary shall 

11 provide for the participation of the general public in the 

12 development of the comprehensive management plan. 

13 SEC. 7. ADVISORY COUNCIL. 

14 (a) ESTABLISHMENT.—The Secretary shall establish 

15 an advisory council pursuant to section 315 of the Marine 

16 Protection, Research, and Sanctuaries Act of 1972 (16 

17 U.S.C. 1445a) to advise the Secretary with respect to the 

18 designation and management of the Sanctuary. 

19 (b) MEMBERSHIP.—The Secretary shall include a 

20 representative from the Alabama Department of Con21 servation and Natural Resources as a voting member of 

22 the advisory council. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS