I 

118TH CONGRESS 

1ST SESSION H. R. 897 

To provide for the establishment of the Alabama Underwater Forest National 

Marine Sanctuary, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2023 

Mr. CARL (for himself, Mr. GRAVES of Louisiana, Ms. SEWELL, and Mr. 

MOULTON) introduced the following bill; which was referred to the Committee on Natural Resources 

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. FINDINGS. 

7 Congress finds the following: 

8 (1) An ancient cypress forest dating back 

9 50,000 to 70,000 years has been exposed in the Gulf 

10 of Mexico off the Alabama coastline. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 897 IH

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

2 massive waves associated with Hurricane Ivan, are 

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

4 50,000 years ago. 

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

6 global scale, the only known site where trees between 

7 50,000 and 70,000 years old have been preserved in8 tact with the ecosystem they were growing in. 

9 (4) Exploration of the site continues to yield in10 valuable scientific insight in a variety of fields, 

11 though scientists have just begun to study the an12 cient forest. 

13 SEC. 3. POLICY AND PURPOSE. 

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

15 protect and preserve the ancient cypress trees located off 

16 the coast of Alabama, known as the Alabama Underwater 

17 Forest. 

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

19 the resources of the area described in section 5(b), to edu20 cate and interpret for the public regarding the ancient 

21 Alabama Underwater Forest environment, and to manage 

22 human uses of the Alabama Underwater Forest National 

23 Marine Sanctuary consistent with this Act. 

24 SEC. 4. DEFINITIONS. 

25 In this Act— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 897 IH

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

2 means the Alabama Underwater Forest National 

3 Marine Sanctuary designated under section 5(a). 

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

5 the Secretary of Commerce. 

6 SEC. 5. SANCTUARY DESIGNATION. 

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

8 (b) is designated as the Alabama Underwater Forest Na9 tional Marine Sanctuary pursuant to title III of the Ma10 rine Protection, Research, and Sanctuaries Act of 1972 

11 (16 U.S.C. 1431 et seq.). 

12 (b) AREA INCLUDED.— 

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

14 only of all waters and submerged lands within the 

15 boundary described in paragraph (2). 

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

17 paragraph (1) shall encompass only the area within 

18 the following coordinates: 

19 (A) 30 degrees, 7 minutes, 20.2116 sec20 onds north latitude; 87 degrees, 49 minutes, 

21 15.7404 seconds west longitude. 

22 (B) 30 degrees, 7 minutes, 20.2116 sec23 onds north latitude; 87 degrees, 43 minutes, 

24 44.8536 seconds west longitude. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 897 IH

1 (C) 30 degrees, 5 minutes, 42.6552 sec2 onds north latitude; 87 degrees, 49 minutes, 

3 15.7404 seconds west longitude. 

4 (D) 30 degrees, 5 minutes, 42.6552 sec5 onds north latitude; 87 degrees, 43 minutes, 

6 44.8536 seconds west longitude. 

7 (E) 30 degrees, 7 minutes, 20.2116 sec8 onds north latitude; 87 degrees, 49 minutes, 

9 15.7404 seconds west longitude. 

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

11 identified and depicted on National Oceanic and At12 mospheric Administration charts that shall be main13 tained on file and kept available for public examina14 tion during regular business hours at the Office of 

15 Ocean and Coastal Resource Management of the Na16 tional Oceanic and Atmospheric Administration and 

17 in online format and which shall be updated to re18 flect boundary modifications made pursuant to this 

19 section. 

20 SEC. 6. PROHIBITION OF CERTAIN USES. 

21 (a) PROHIBITED ACTIVITIES.—The following activi22 ties are prohibited and are unlawful for any person to con23 duct or to cause to be conducted within the Sanctuary: 

24 (1) Cutting, removing, or any kind of sub25 surface salvage of the cypress trees. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 897 IH

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

2 grappling, suction, conveyor, dredging, or wrecking 

3 device. 

4 (3) Detonating below the surface of the water 

5 any explosive or explosive mechanism. 

6 (4) Drilling or coring the seabed. 

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

8 type of seabed cable or cable-laying device. 

9 (b) EXCEPTIONS.— 

10 (1) IN GENERAL.—The prohibitions in sub11 section (a) shall not apply to the following: 

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

13 recreational or commercial activities. 

14 (B) Necessary operations of public vessels, 

15 including operations essential for national de16 fense, law enforcement, and responses to emer17 gencies that threaten life, property, or the envi18 ronment. 

19 (C) Construction or placement of artificial 

20 reef structures for the purpose of enhancing 

21 fishery resources, fishing opportunities, or rec22 reational diving opportunities. 

23 (D) Exploration, development, or produc24 tion of oil or gas pursuant to a lease, permit, 

25 or other authorization, provided such lease, perVerDate Sep 11 2014 02:26 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H897.IH H897

kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 897 IH

1 mit, or authorization is issued on or before the 

2 date of the enactment of this Act. 

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

4 through the Director of the Office of National Ma5 rine Sanctuaries, may allow a person to conduct an 

6 activity that would otherwise be prohibited under 

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

8 Title III of the Marine Protection, Research, and 

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

10 as determined by the Secretary. 

11 SEC. 7. COMPREHENSIVE MANAGEMENT PLAN. 

12 (a) PREPARATION OF PLAN.— 

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

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

15 in consultation with appropriate Federal, State, and 

16 local government authorities and with the advisory 

17 council established under section 8, shall develop a 

18 comprehensive management plan and implement reg19 ulations to achieve the policy and purpose of this 

20 Act. 

21 (2) APPLICABLE LAW.—In developing the com22 prehensive management plan and implementing reg23 ulations under paragraph (1), the Secretary shall 

24 follow the procedures described in sections 303 and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 897 IH

1 304 of the Marine Protection, Research, and Sanc2 tuaries Act of 1972 (16 U.S.C. 1433 and 1434). 

3 (3) PLAN DETAILS.—The comprehensive man4 agement plan required under paragraph (1) shall— 

5 (A) facilitate all public and private uses of 

6 the Sanctuary compatible with the primary ob7 jective of Sanctuary resource protection, with a 

8 focus on facilitating— 

9 (i) fishing, diving, or similar rec10 reational or commercial activities; and 

11 (ii) construction or placement of arti12 ficial reef structures for the purpose of en13 hancing fishery resources, fishing opportu14 nities, or recreational diving opportunities; 

15 (B) consider temporal and geographical 

16 zoning, to ensure protection of Sanctuary re17 sources; 

18 (C) identify needs for research and ecologi19 cal monitoring; and 

20 (D) ensure coordination and cooperation 

21 between Sanctuary managers and— 

22 (i) other Federal, State, and local au23 thorities with jurisdiction within or adja24 cent to the Sanctuary; and 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 897 IH

1 (ii) owners, operators, and stake2 holders with respect to existing oil and gas 

3 operations within or adjacent to the Sanc4 tuary. 

5 (b) PUBLIC PARTICIPATION.—The Secretary shall 

6 provide for the participation of the general public in the 

7 development of the comprehensive management plan. 

8 SEC. 8. ADVISORY COUNCIL. 

9 (a) ESTABLISHMENT.—The Secretary shall establish 

10 an advisory council pursuant to section 315 of the Marine 

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

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

13 designation and management of the Sanctuary. 

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

15 representative from the Alabama Department of Con16 servation and Natural Resources as a voting member of 

17 the advisory council. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated $1,000,000 

20 for each of the fiscal years 2024 through 2028 to carry 

21 out the provisions of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS