IIB 

118TH CONGRESS 

2D SESSION H. R. 897 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2024 

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

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alabama Underwater 

3 Forest National Marine Sanctuary and Protection Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) An ancient cypress forest dating back 

7 50,000 to 70,000 years has been exposed in the Gulf 

8 of Mexico off the Alabama coastline. 

9 (2) The cypress trees, which were uncovered by 

10 massive waves associated with Hurricane Ivan, are 

11 still rooted in the mud they were growing in at least 

12 50,000 years ago. 

13 (3) The Underwater Forest site is unique on a 

14 global scale, the only known site where trees between 

15 50,000 and 70,000 years old have been preserved in16 tact with the ecosystem they were growing in. 

17 (4) Exploration of the site continues to yield in18 valuable scientific insight in a variety of fields, 

19 though scientists have just begun to study the an20 cient forest. 

21 SEC. 3. POLICY AND PURPOSE. 

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

23 protect and preserve the ancient cypress trees located off 

24 the coast of Alabama, known as the Alabama Underwater 

25 Forest. 


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

2 the resources of the area described in section 5(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. 

7 SEC. 4. DEFINITIONS. 

8 In this Act— 

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

10 means the Alabama Underwater Forest National 

11 Marine Sanctuary designated under section 5(a). 

12 (2) SECRETARY.—the term ‘‘Secretary’’ means 

13 the Secretary of Commerce. 

14 SEC. 5. SANCTUARY DESIGNATION. 

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

16 (b) is designated as the Alabama Underwater Forest Na17 tional Marine Sanctuary pursuant to title III of the Ma18 rine Protection, Research, and Sanctuaries Act of 1972 

19 (16 U.S.C. 1431 et seq.). 

20 (b) AREA INCLUDED.— 

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

22 only of all waters and submerged lands within the 

23 boundary described in paragraph (2). 


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

2 paragraph (1) shall encompass only the area within 

3 the following coordinates: 

4 (A) 30 degrees, 7 minutes, 20.2116 sec5 onds north latitude; 87 degrees, 49 minutes, 

6 15.7404 seconds west longitude. 

7 (B) 30 degrees, 7 minutes, 20.2116 sec8 onds north latitude; 87 degrees, 43 minutes, 

9 44.8536 seconds west longitude. 

10 (C) 30 degrees, 5 minutes, 42.6552 sec11 onds north latitude; 87 degrees, 49 minutes, 

12 15.7404 seconds west longitude. 

13 (D) 30 degrees, 5 minutes, 42.6552 sec14 onds north latitude; 87 degrees, 43 minutes, 

15 44.8536 seconds west longitude. 

16 (E) 30 degrees, 7 minutes, 20.2116 sec17 onds north latitude; 87 degrees, 49 minutes, 

18 15.7404 seconds west 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 on file and kept available for public examina23 tion during regular business hours at the Office of 

24 Ocean and Coastal Resource Management of the Na25 tional Oceanic and Atmospheric Administration and 


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1 in online format and which shall be updated to re2 flect boundary modifications made pursuant to this 

3 section. 

4 SEC. 6. PROHIBITION OF CERTAIN USES. 

5 (a) PROHIBITED ACTIVITIES.—The following activi6 ties are prohibited and are unlawful for any person to con7 duct or to cause to be conducted within the Sanctuary: 

8 (1) Cutting, removing, or any kind of sub9 surface salvage of the cypress trees. 

10 (2) Lowering below the surface of the water any 

11 grappling, suction, conveyor, dredging, or wrecking 

12 device. 

13 (3) Detonating below the surface of the water 

14 any explosive or explosive mechanism. 

15 (4) Drilling or coring the seabed. 

16 (5) Lowering, laying, positioning, or raising any 

17 type of seabed cable or cable-laying device. 

18 (b) EXCEPTIONS.— 

19 (1) IN GENERAL.—The prohibitions in sub20 section (a) shall not apply to the following: 

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

22 recreational or commercial activities. 

23 (B) Necessary operations of public vessels, 

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1 gencies that threaten life, property, or the envi2 ronment. 

3 (C) Construction or placement of artificial 

4 reef structures for the purpose of enhancing 

5 fishery resources, fishing opportunities, or rec6 reational diving opportunities. 

7 (D) Exploration, development, or produc8 tion of oil or gas pursuant to a lease, permit, 

9 or other authorization, provided such lease, per10 mit, or authorization is issued on or before the 

11 date of the enactment of this Act. 

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

13 through the Director of the Office of National Ma14 rine Sanctuaries, may allow a person to conduct an 

15 activity that would otherwise be prohibited under 

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

17 Title III of the Marine Protection, Research, and 

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

19 as determined by the Secretary. 

20 SEC. 7. COMPREHENSIVE MANAGEMENT PLAN. 

21 (a) PREPARATION OF PLAN.— 

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

23 the date of the enactment of this Act, the Secretary, 

24 in consultation with appropriate Federal, State, and 

25 local government authorities and with the advisory 


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1 council established under section 8, shall develop a 

2 comprehensive management plan and implement reg3 ulations to achieve the policy and purpose of this 

4 Act. 

5 (2) APPLICABLE LAW.—In developing the com6 prehensive management plan and implementing reg7 ulations under paragraph (1), the Secretary shall 

8 follow the procedures described in sections 303 and 

9 304 of the Marine Protection, Research, and Sanc10 tuaries Act of 1972 (16 U.S.C. 1433 and 1434). 

11 (3) PLAN DETAILS.—The comprehensive man12 agement plan required under paragraph (1) shall— 

13 (A) facilitate all public and private uses of 

14 the Sanctuary compatible with the primary ob15 jective of Sanctuary resource protection, with a 

16 focus on facilitating— 

17 (i) fishing, diving, or similar rec18 reational or commercial activities; and 

19 (ii) construction or placement of arti20 ficial reef structures for the purpose of en21 hancing fishery resources, fishing opportu22 nities, or recreational diving opportunities; 

23 (B) consider temporal and geographical 

24 zoning, to ensure protection of Sanctuary re25 sources; 


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1 (C) identify needs for research and ecologi2 cal monitoring; and 

3 (D) ensure coordination and cooperation 

4 between Sanctuary managers and— 

5 (i) other Federal, State, and local au6 thorities with jurisdiction within or adja7 cent to the Sanctuary; and 

8 (ii) owners, operators, and stake9 holders with respect to existing oil and gas 

10 operations within or adjacent to the Sanc11 tuary. 

12 (b) PUBLIC PARTICIPATION.—The Secretary shall 

13 provide for the participation of the general public in the 

14 development of the comprehensive management plan. 

15 SEC. 8. ADVISORY COUNCIL. 

16 (a) ESTABLISHMENT.—The Secretary shall establish 

17 an advisory council pursuant to section 315 of the Marine 

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

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

20 designation and management of the Sanctuary. 

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

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1 servation and Natural Resources as a voting member of 

2 the advisory council. 

Passed the House of Representatives July 8, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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