69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–557 

GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION ACT 

MARCH 31, 2008.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1187] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1187) to expand the boundaries of the Gulf of the 

Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary, having considered the same, report favorably thereon with amendments and recommend that the bill as 

amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Gulf of the Farallones and Cordell Bank National 

Marine Sanctuaries Boundary Modification and Protection Act’’. 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) The Gulf of the Farallones extends approximately 100 miles along the 

coast of Marin and Sonoma counties of northern California. It includes approximately one-half of California’s nesting seabirds, rich benthic marine life on 

hard-rock substrate, prolific fisheries, and substantial concentrations of resident 

and seasonally migratory marine mammals. 

(2) Cordell Bank is adjacent to the Gulf of the Farallones and is a submerged 

island with spectacular, unique, and nationally significant marine environments. 


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(3) These marine environments have national and international significance, 

exceed the biological productivity of tropical rain forests, and support high levels of biological diversity. 

(4) These biological communities are easily susceptible to damage from 

human activities, and must be properly conserved for themselves and to protect 

the economic viability of their contribution to national and regional economies. 

(5) The Gulf of Farallones and Cordell Bank include some of the Nation’s richest fishing grounds, supporting important commercial and recreational fisheries. 

These fisheries are regulated by State and Federal fishery agencies and are 

supported and fostered through protection of the waters and habitats of Gulf 

of the Farallones National Marine Sanctuary and Cordell Bank National Marine Sanctuary. 

(6) The report of the Commission on Ocean Policy established by Public Law 

106–256 calls for comprehensive protection for the most productive ocean environments and recommends that they be managed as ecosystems. 

(7) New scientific discoveries by the National Marine Sanctuary Program support comprehensive protection for these marine environments by broadening the 

geographic scope of the existing Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. 

(8) Cordell Bank is at the nexus of an ocean upwelling system, which produces the highest biomass concentrations on the west coast of the United 

States. 

SEC. 3. POLICY AND PURPOSE. 

(a) POLICY.—It is the policy of the United States in this Act to protect and preserve living and other resources of the Gulf of the Farallones and Cordell Bank marine environments. 

(b) PURPOSE.—The purposes of this Act are the following: 

(1) To extend the boundaries of the Gulf of the Farallones National Marine 

Sanctuary and the Cordell Bank National Marine Sanctuary to the areas described in section 5. 

(2) To strengthen the protections that apply in the Sanctuaries. 

(3) To educate and interpret for the public the ecological value and national 

importance of those marine environments. 

(4) To manage human uses of the Sanctuaries under this Act and the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.). 

(c) EFFECT ON FISHING ACTIVITIES.—Nothing in this Act is intended to alter any 

existing authorities regarding the conduct and location of fishing activities in the 

Sanctuaries. 

SEC. 4. DEFINITIONS. 

In this Act: 

(1) MARICULTURE.—The term ‘‘mariculture’’ means the propagation or rearing 

of aquatic organisms in controlled or selected aquatic environments for any commercial, recreational, or public purpose. 

(2) CORDELL BANK NMS.—The term ‘‘Cordell Bank NMS’’ means the Cordell 

Bank National Marine Sanctuary. 

(3) FARALLONES NMS.—The term ‘‘Farallones NMS’’ means the Gulf of the 

Farallones National Marine Sanctuary. 

(4) SANCTUARIES.—The term ‘‘Sanctuaries’’ means the Gulf of the Farallones 

National Marine Sanctuary and the Cordell Bank National Marine Sanctuary, 

as expanded by section 5. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce. 

SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS. 

(a) GULF OF THE FARALLONES.—

(1) BOUNDARY ADJUSTMENT.—The areas described in paragraph (2) are added 

to the existing Gulf of the Farallones National Marine Sanctuary described in 

part 922.80 of title 15, Code of Federal Regulations. 

(2) AREAS INCLUDED.—

(A) IN GENERAL.—The areas referred to in paragraph (1) consist of the following: 

(i) All submerged lands and waters, including living marine and 

other resources within and on those lands and waters, from the mean 

high water line to the boundary described in subparagraph (B). 

(ii) The submerged lands and waters, including living marine and 

other resources within those waters, within the approximately twosquare-nautical-mile portion of the Cordell Bank NMS (as in effect immediately before the enactment of this Act) that is located south of the 


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area that is added to Cordell Bank NMS by subsection (b)(2), which are 

transferred to the Farallones NMS from the Cordell Bank NMS. 

(B) BOUNDARY DESCRIBED.—The boundary referred to in subparagraph 

(A)(i) commences from the mean high water line (MHWL) at 39.00000 degrees north in a westward direction approximately 29 nautical miles (nm) 

to 39.00000 north, 124.33333 west. The boundary then extends in a southeasterly direction to 38.30000 degrees north, 124.00000 degrees west, approximately 44 nm westward of Bodega Head. The boundary then extends 

eastward to the most northeastern corner of the expanded Cordell Bank 

NMS at 38.30000 north, 123.20000 degrees west, approximately 6 nm miles 

westward of Bodega Head. The boundary then extends in a southeasterly 

direction to 38.26500 degrees north, 123.18166 degrees west at the northwestern most point of the current Gulf of the Farallones Boundary. The 

boundary then follows the current northern Gulf of the Farallones NMS 

boundary in a northeasterly direction to the MHWL near Bodega Head. The 

boundary then follows the MHWL in a northeasterly direction to the commencement point at the intersection of the MHWL and 39.00000 north. Coordinates listed in this subparagraph are based on the North American 

Datum 1983 and the geographic projection. 

(b) CORDELL BANK.— (1) BOUNDARY ADJUSTMENT.—The area described in paragraph (2) is added to 

the existing Cordell Bank National Marine Sanctuary described in part 922.80 

of title 15, Code of Federal Regulations. 

(2) AREA INCLUDED.— (A) IN GENERAL.—The area referred to in paragraph (1) consists of all 

submerged lands and waters, including living marine and other resources 

within those waters, within the boundary described in subparagraph (B). 

(B) BOUNDARY.—The boundary referred to in subparagraph (A) commences at the most northeastern point of the current Cordell Bank NMS 

boundary at 38.26500 degrees north, 123.18166 degrees west and extends 

northwestward to 38.30000 degrees north, 123.20000 degrees west, approximately 6 nautical miles (nm) west of Bodega Head. The boundary then extends westward to 38.30000 degrees north, 124.00000 degrees west, approximately 44 nautical miles west of Bodega Head. The boundary then 

turns southeastward and continues approximately 34 nautical miles to 

37.76687 degrees north, 123.75142 degrees west, and then approximately 

15 nm eastward to 37.76687 north, 123.42694 west at an intersection with 

the current Cordell Bank NMS boundary. The boundary then follows the 

current Cordell Bank NMS, which is coterminous with the current Gulf of 

the Farallones boundary, in a northeasterly and the northwesterly direction 

to its commencement point at 38.26500 degrees north, 123.18166 degrees 

west. Coordinates listed in this subparagraph are based on NAD83 Datum 

and the geographic projection. 

(c) INCLUSION IN THE SYSTEM.—The areas included in the Sanctuaries under subsections (a) and (b) shall be managed as part of the National Marine Sanctuary System, established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 

1431(c)), in accordance with that Act. 

(d) UPDATED NOAA CHARTS.—The Secretary shall—

(1) produce updated National Oceanic and Atmospheric Administration nautical charts for the areas in which the Sanctuaries are located; and 

(2) include on those nautical charts the boundaries of the Sanctuaries, as revised by this Act. 

(e) BOUNDARY ADJUSTMENTS.—In producing revised nautical charts as directed by 

subsection (d) and in describing the boundaries in regulations issued by the Secretary, the Secretary may make technical modifications to the boundaries described 

in this section for clarity and ease of identification, as appropriate. 

SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING. 

No lease or permit may be issued that authorizes exploration, development, production, or transporting by pipeline of minerals or hydrocarbons within the Sanctuaries. 

SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 

(a) INTERIM PLAN.—The Secretary shall complete an interim supplemental management plan for the Sanctuaries by not later than 24 months after the date of enactment of this Act, that focuses on management in the areas added to the Sanctuaries under this Act. The Secretary shall ensure that the supplemental plan does 

not weaken existing resource protections. 

(b) REVISED PLANS.—The Secretary shall issue a revised comprehensive management plan for the Sanctuaries during the first management review initiated after 


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the date of the enactment of this Act under section 304(e) of the National Marine 

Sanctuaries Act (16 U.S.C. 1434(e)) for the Sanctuaries, and issue such final regulations as may be necessary. 

(c) APPLICATION OF EXISTING REGULATIONS.—The regulations for the Gulf of the 

Farallones National Marine Sanctuary (15 C.F.R. 922, subpart H) and the Cordell 

Bank National Marine Sanctuary (15 C.F.R. 922, subpart K), including any changes 

made as a result of a joint management plan review for the Sanctuaries conducted 

pursuant to section 304(e) of the National Marine Sanctuaries Act (16 U.S.C. 

1434(e)), shall apply to the areas added to each Sanctuary, respectively, under section 5 until the Secretary modifies such regulations in accordance with subsection 

(d) of this section. 

(d) REVISED REGULATIONS.—

(1) IN GENERAL.—The Secretary shall carry out an assessment of necessary 

revisions to the regulations for the Sanctuaries in a manner that ensures the 

protection of the resources of the Sanctuaries consistent with the purposes and 

policies of the National Marine Sanctuaries Act and the goals and objectives for 

the new areas added to each sanctuary under section 5 of this Act. The assessment and any corresponding regulatory changes shall be complete within 24 

months of the date of enactment of this Act. 

(2) REGULATION OF SPECIFIC ACTIVITIES.—In revising the regulations for the 

Sanctuaries pursuant to this subsection, the Secretary shall consider appropriate regulations for the following activities: 

(A) The deposit or release of introduced species. 

(B) The alteration of stream and river drainage into the Sanctuaries. 

(C) Mariculture operations in the Sanctuaries. 

(3) CONSIDERATIONS.—In revising the regulations for the Sanctuaries pursuant to this subsection, the Secretary shall consider exempting from further regulation under the National Marine Sanctuaries Act and this Act discharges that 

are permitted under a National Pollution Discharge Elimination System permit 

in effect on the date of enactment of this Act, or under a new or renewed National Pollution Discharge Elimination System permit that does not increase 

pollution in the Sanctuaries and that originates—

(A) in the Russian River Watershed outside the boundaries of the Gulf 

of the Farallones National Marine Sanctuary; or 

(B) from the Bodega Marine Laboratory. 

(e) CONTENTS OF PLANS.—Revisions to each comprehensive management plan 

under this section shall, in addition to matters required under section 304(a)(2) of 

the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 

1434(A)(2))—

(1) facilitate all appropriate public and private uses of the national marine 

sanctuary to which each respective plan applies consistent with the primary objective of sanctuary resource protection; 

(2) establish temporal and geographical zoning if necessary to ensure protection of sanctuary resources; 

(3) identify priority needs for research that will—

(A) improve management of the Sanctuaries; 

(B) diminish threats to the health of the ecosystems in the Sanctuaries; 

or 

(C) fulfill both of subparagraphs (A) and (B); 

(4) establish a long-term ecological monitoring program and database, including the development and implementation of a resource information system to 

disseminate information on the Sanctuaries’ ecosystem, history, culture, and 

management; 

(5) identify alternative sources of funding needed to fully implement the 

plan’s provisions and supplement appropriations under section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1444); 

(6) ensure coordination and cooperation between sanctuary superintendents 

and other Federal, State, and local authorities with jurisdiction over areas within or adjacent to the Sanctuaries to deal with issues affecting the Sanctuaries, 

including surface water run-off, stream and river drainages, and navigation; 

(7) in the case of revisions to the plan for the Farallones NMS, promote cooperation with farmers and ranchers operating in the watersheds adjacent to 

the Farallones NMS and establish voluntary best management practices programs; 

(8) promote cooperative and educational programs with fishing vessel operators and crews operating in the waters of the Sanctuaries, and, whenever possible, include individuals who engage in fishing and their vessels in cooperative 

research, assessment, and monitoring programs and educational programs to 


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1Public Law 92–532 (16 U.S.C. 1431 et seq.). 2 In order of subsequent designation, the other marine sanctuaries are Key Largo, Channel 

Islands, Looe Key (both Key Largo and Looe Key were incorporated into the much larger Florida 

Keys Sanctuary in 1990), Gulf of the Farallones, Grays Reef, Fagatale Bay, Cordell Bank, Flower Garden Banks, Monterey Bay, Stellwagen Bank, Hawaiian Island Humpback Whale, Olympic 

Coast and Thunder Bay. The Papahanaumokuakea Marine National Monument, designated by 

presidential proclamation in 2006, protects the marine resources of the Northwest Hawaiian Islands. 3Section 304(a)(5) of the Sanctuaries Act allows Regional Fisheries Management Councils to 

develop fishing regulations to be incorporated into a sanctuary management plan. The Secretary 

of Commerce has the discretion to reject these draft regulations if they are incompatible with 

the purpose of the sanctuary. 4These estuaries include Bodega Bay, Tomales Bay, Bolinas Lagoon, the Estero de San Antonio and Estero Americano. 

promote sustainable fisheries, conservation of resources, and navigational safety; and 

(9) promote education and public awareness, among users of the Sanctuaries, 

about the need for marine resource conservation and safe navigation and marine transportation. 

(f) PUBLIC PARTICIPATION.—The Secretary shall provide for participation by the 

general public in the revision of the comprehensive management plans and relevant 

regulations under this section. 

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary—

(1) $3,000,000 to carry out this Act for each of fiscal years 2009 through 2013, 

other than for construction and acquisition projects; and 

(2) $3,500,000 for fiscal year 2009 and such sums as may be necessary for 

each of fiscal years 2010 through 2013 for construction and acquisition projects 

related to the Sanctuaries. 

Amend the title so as to read: 

A bill to expand the boundaries of the Gulf of the Farallones National Marine 

Sanctuary and the Cordell Bank National Marine Sanctuary, and for other purposes. 

PURPOSE OF THE BILL

The purpose of H.R. 1187 is to expand the boundaries of the Gulf 

of the Farallones National Marine Sanctuary and the Cordell Bank 

National Marine Sanctuary, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The National Marine Sanctuary System was authorized as Title 

III of the National Marine, Protection, Research and Sanctuaries 

Act of 1972.1 This law required the Secretary of Commerce, 

through the National Oceanic and Atmospheric Administration, to 

identify, designate, and manage marine sites based on conservational, ecological, recreational, historical, aesthetic, scientific, or 

educational value within significant national ocean and Great Lake 

waters. The first sanctuary was designated in 1975 off the Outer 

Banks of North Carolina to protect the wreck of the U.S.S. Monitor, a famous Civil War ironclad battleship. Since then, 12 other 

marine sanctuaries and one national marine monument have been 

added to the System.2 In general, most sanctuaries prohibit extractive commercial activities, with the exception of commercial and 

recreational fishing.3 The average annual operating budget for the 

Sanctuary System over the past three fiscal years is $45 million. 

The Gulf of the Farallones NMS was designated in 1981. The 

sanctuary encompasses an area of 1,255 square miles off the California coastline west of San Francisco. The sanctuary protects both 

offshore regions and nearshore estuaries.4 Approximately 966 


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5 As required under section 304(e), each sanctuary must complete every 5 years a public review and evaluation of its management plan. NOAA selected to initiate these reviews simultaneously due to overlapping issues, to optimize administrative efficiencies and to reduce overall 

cost per review. 6 Upwelling brings cold, nutrient-rich waters to the surface, supporting phytoplankton blooms. 

These blooms are the energy base for large animal populations higher in the food chain, including fish, marine mammals, and seabirds. Coastal upwelling regions account for only one percent 

of the ocean surface, but they contribute to roughly 20 percent of the world’s fish catch. 

square miles of state waters are within the existing sanctuary 

boundaries. Also included in the sanctuary is Farallones National 

Wildlife Refuge—basically the Farallone Islands themselves. The 

refuge is managed by the U.S. Fish and Wildlife Service. This sanctuary is best known for abundant marine mammal and seabird 

populations and for behavioral studies of great white sharks. 

The Cordell Bank NMS was designated in 1989. The sanctuary 

lies adjacent to the northwest boundary of the Gulf of the 

Farallones NMS and 21 miles west of the Point Reyes lighthouse. 

This sanctuary, which straddles the continental shelf, covers 526 

square miles. The sanctuary protects one of the most biologically 

productive upwelling areas off the Pacific Coast which is vital to 

resident and migratory marine life. Until 1995, this sanctuary was 

managed jointly with the Gulf of the Farallones NMS. All three 

Central California sanctuaries are in the process of completing a 

joint management plan review.5 A final management plan is tentatively scheduled to be released by the end of this year or early 

2008. Neither revised management plan for either sanctuary recommended alterations to the existing boundaries. 

As introduced, H.R. 1187 would expand the Gulf of the 

Farallones and Cordell Bank NMS to protect and preserve an additional 1,739 square nautical miles of the marine environment due 

north and west of the existing sanctuaries. These additions would 

enable the two sanctuaries to protect virtually the entire upwelling 

region.6 The legislation, as introduced, also would prohibit: 

• Leasing, exploration, development, production, or transporting by pipeline of minerals or hydrocarbons; • Aquaculture (with exceptions and including the Monterey 

Bay NMS); and • Discharges of materials, substances, or introduced species 

or a harmful change in salinity, subject to limitation. 

The bill explicitly states that it does not alter any existing authorities governing the conduct and location of fishing activities. 

The bill also directs NOAA to develop an interim management 

plan, to develop a final management plan and regulations, and to 

consider the feasibility of designating a new sanctuary for the 

areas added. 

COMMITTEE ACTION

H.R. 1187 was introduced on February 16, 2007 by Congresswoman Woolsey (D–CA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Fisheries, Wildlife and Oceans. On October 24, 2007, the Subcommittee on Fisheries, Wildlife and Oceans held a hearing on the 

bill. 

On February 13, 2008, the Subcommittee met to mark up the 

bill. Chairwoman Bordallo (D–GU) offered an amendment in the 

nature of a substitute to correct errors in boundary coordinates; 


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strike all prohibitions except for mineral and hydrocarbon activities; clarify and streamline the administrative process and timetable for development of interim and final management plans and 

regulations; and strike the requirement to consider a new sanctuary as required under the National Marine Sanctuaries Act. It 

was adopted by unanimous consent. The bill was then recommended to the Full Committee by unanimous consent. 

On March 12, 2008, the Full Natural Resources Committee met 

to consider the bill. Congressman Wittman (R–VA) offered an 

amendment to place commercial and sport fishing activities within 

the Sanctuaries exclusively under the jurisdiction of the Pacific 

Fishery Management Council. It was not adopted by a roll call vote 

of 13 to 22, as follows: 


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The bill as amended was then ordered favorably reported to the 

House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section cites this Act as the Gulf of the Farallones and 

Cordell Bank National Marine Sanctuaries Boundary Modification 

and Protection Act. 

Section 2. Findings 

This section establishes that the Gulf of the Farallones and 

Cordell Bank National Marine Sanctuaries have national and 

international significance as highly productive marine ecosystems, 

which calls for comprehensive protection. 

Section 3. Policy and purpose 

This section sets forth the purpose of this Act, which is to extend 

the boundaries of the Gulf of the Farallones and the Cordell Bank 

Marine Sanctuaries, to strengthen their protection, to educate the 

public of their value, and to manage human uses within their 

bounds. Additionally, this section states that this Act does not intend to alter any existing authorities over fishing activities. 

Section 4. Definitions 

This section defines key terms included within the text of the 

proposed legislation 

Section 5. National Marine Sanctuary boundary adjustments 

This section delineates the adjusted boundaries of the Gulf of the 

Farallones and the Cordell Bank Marine Sanctuaries and includes 

these expansions as managed areas under the National Marine 

Sanctuary System. This section also directs the National Oceanic 

and Atmospheric Administration to update nautical charts accordingly. 

Section 6. Prohibition of oil and gas leasing and permitting 

This section prohibits leases or permits from being authorized for 

the exploration, development, production, or transportation by 

pipeline of minerals or hydrocarbons within the Sanctuaries. 

Section 7. Management plans and regulations 

This section directs the Secretary of Commerce to complete an interim and a comprehensive management plan to manage the Sanctuaries under this Act. This section also states that existing regulations apply to these Sanctuaries, but necessary revisions should be 

assessed. 

Section 8. Authorization of appropriations 

This section authorizes appropriations in the amount of $3 million annually from 2009 to 2013 and $3.5 million for fiscal year 

2009 for construction and acquisition projects related to the Sanctuaries. 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 as well as Article IV, section 3 of the Constitution of the United States grants Congress the authority to enact 

this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to expand the boundaries of the Gulf of the Farallones 

National Marine Sanctuary and the Cordell Bank National Marine 

Sanctuary. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1187—Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act 

Summary: H.R. 1187 would expand the boundaries of the 

Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary, both of which are located off the coast of 

northern California. The bill would authorize additional funding for 

the two marine sanctuaries, which are managed by the National 

Oceanic and Atmospheric Administration (NOAA). 

Assuming appropriation of the amounts specified by the bill for 

sanctuary management or estimated to be necessary for authorized 

construction and acquisition activities, CBO estimates that implementing H.R. 1187 would cost $20 million over the 2009–2013 period. Enacting the bill would have no effect on revenues or direct 

spending. 

H.R. 1187 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 


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H.R. 1187 would impose private-sector mandates, as defined in 

UMRA, by prohibiting or restricting certain commercial and recreational activities in the areas added to the Gulf of the Farallones 

and Cordell Bank National Marine Sanctuaries. Based on information from NOAA, CBO estimates that the cost of the mandates 

would fall below the annual threshold established in UMRA for private-sector mandates ($136 million in 2008, adjusted annually for 

inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1187 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 

SPENDING SUBJECT TO APPROPRIATION 

Additional Sanctuary Operating Costs:1

Authorization Level ......................................................................................... 3 3 3 3 3 

Estimated Outlays .......................................................................................... 3 3 3 3 3 

Vessel Acquisition and Construction: 

Authorization/Estimated Authorization Level ................................................. 4 1 0 0 0 

Estimated Outlays .......................................................................................... 0 2 2 1 0 

Total Spending Under H.R. 1187: 

Authorization/Estimated Authorization Level ................................................. 7 4 3 3 3 

Estimated Outlays .......................................................................................... 3 5 5 4 3 

1 Average annual appropriations to manage the two marine sanctuaries at their current size total about $2 million. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

1187 will be enacted by the end of fiscal year 2008 and that the 

amounts specifically authorized or estimated to be necessary will 

be appropriated for each year. The specified authorization level includes $3 million for each of fiscal years 2009 through 2013 to 

manage the areas added to the two sanctuaries and $4 million for 

2009 to construct or acquire an additional vessel needed to administer them. 

The bill also would authorize the appropriation of whatever 

amounts are necessary for construction and acquisition for 2010 

through 2013. Based on information provided by NOAA, we estimate that an additional $1 million would be appropriated for 2010 

under this authority to complete the acquisition of the new vessel, 

which is estimated to cost about $5 million. We estimate that no 

additional amounts would be required for construction after 2010. 

Estimated outlays are based on historical spending patterns for 

NOAA programs and also reflect the assumption that NOAA would 

not be able to start building or acquiring a new vessel until it receives full funding for the project in 2010. 

Estimated impact on state, local, and tribal governments: H.R. 

1187 contains no intergovernmental mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimated impact on the private-sector: H.R. 1187 would extend 

current regulations and any subsequent modifications to the areas 

added to the sanctuaries by the bill. Some of those regulations 

would impose mandates, as defined in UMRA, by prohibiting or restricting certain commercial and recreational activities that could 

injure sanctuary resources within the added areas. Based on inforVerDate Aug 31 2005 05:08 Apr 04, 2008 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR557.XXX HR557

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mation from NOAA, CBO estimates that the cost of complying with 

the mandates would be small and would fall below the annual 

threshold established in UMRA for private-sector mandates ($136 

million in 2008, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Deborah Reis; Impact on 

state, local, and tribal governments: Neil Hood; Impact on the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1187 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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DISSENTING VIEWS—H.R. 1187, GULF OF THE FARALLONES AND

CORDELL BANK NATIONAL MARINE SANCTUARIES BOUNDARY

MODIFICATION AND PROTECTION ACT

H.R. 1187, Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act, would 

add approximately 1,200 square miles and almost 100 miles of the 

California coastline to two existing National Marine Sanctuaries—

the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries. This expansion would almost double the size of the two 

sanctuaries with no formal public input on the expansion or the 

management regime that this legislation would impose on the new 

areas. This addition would bring the total of area under the four 

sanctuaries off California to almost 10,000 square miles. 

While the National Oceanic and Atmospheric Administration 

(NOAA) began the scoping process for changes to the management 

of the existing sanctuary areas in 2001 and has been conducting 

public comment on those changes, the expansion of the sanctuaries 

was not considered because it was ‘‘very complicated’’ and would 

‘‘require a lot of effort and analysis and talking to the public.’’ This 

legislation ignores the complexity of the expansion and ignores the 

need for public comment on any expansion of the sanctuaries—both 

of which could have been addressed by NOAA through the existing 

statutory process. 

The legislation imposes a new management regime for the expanded boundary without public comment. While significant public 

comment was gathered on the management regime for the existing 

sanctuary areas, no public comment was requested on how these 

new management rules would affect the expanded areas. The legislation imposes the regulations until new regulations can be determined. The current process would allow for new regulations to be 

imposed after public comment, but this legislation flips the process 

on its head and puts the new regulations in place before the public 

comment. 

This legislation short circuits the public process for both the expansion of the two sanctuaries and the new rules for managing the 

resources within the expanded areas. All of the provisions of this 

legislation could and should be accomplished through the existing 

process. 

Additionally, H.R. 1187 ignores the statutory moratorium on new 

designations that was enacted due to concerns about funding levels. Congress imposed this moratorium because of concerns that 

the National Marine Sanctuary system would grow without the 

necessary growth in the funding levels. H.R. 1187 would almost 

double the size of two sanctuaries and establish a new requirement 

for NOAA to initiate a public process on new management measures for the expanded areas. NOAA estimates that the cost of managing the new areas would add an additional $2 to $3 million per 


smartinez on PRODPC60 with REPORTS
14 

year for management and the costs of initiating a public process on 

the management regime would impose an additional $4 to $5 million over three years. At a time when the funding levels for the National Marine Sanctuary Program have fluctuated and costs for the 

new Papaha ̄naumokua ̄kea Marine National Monument have been 

added to the National Marine Sanctuary Program, without additional appropriations, the entire sanctuary program will suffer as 

a result of this legislation. 

H.R. 1187, in addition to expanding the size of the sanctuaries, 

will put more area of the Federal Outer Continental Shelf off limits 

to any oil or natural gas production despite the current energy crisis. This legislation will continue this Congress’ efforts to further 

restrict access to the Nation’s energy resources and will ultimately 

require even further increases of imported fossil fuels. 

This bill would impose a Congressional prohibition on any exploration or development of any hydrocarbon—including natural gas— and prohibit the transportation by pipeline of any hydrocarbon. 

The four National Marine Sanctuaries off California—with this expansion—will now cover approximately 33 percent of the California 

coastline and include almost 10,000 square miles. At a time when 

the Nation is facing an energy crisis, additional barriers to developing the Nation’s potential natural gas reserves is irresponsible. 

The National Marine Sanctuary Program has enjoyed popular 

support for many years. One of the reasons for this popularity was 

that the program allowed multiple uses of the offshore areas included within the program. The experience the commercial and recreational fishing community has had in other sanctuaries off the 

California coast has made them leery of any increased Federal designations in the Federal waters off California. Fishermen have seen 

their opportunities to fish in the waters of the sanctuaries off California diminished with little or no scientific basis. Despite the fact 

that neither of these sanctuaries was established to protect fisheries, fishermen remain concerned that this legislation will add an 

additional 1,200 square miles to the sanctuaries and impose new 

fishery management restrictions to these expanded areas without 

the necessary public comment. Action by Congress to expand sanctuary boundaries and impose new management regimes by statute 

rather than through a public process does nothing to calm their 

concerns. 

HENRY E. BROWN, JR. 

DON YOUNG. 

Æ 


smartinez on PRODPC60 with REPORTS