PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2381

Public Law 106–513

106th Congress

An Act

To amend the National Marine Sanctuaries Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

This Act may be cited as the ‘‘National Marine Sanctuaries

Amendments Act of 2000’’.

SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

Except as otherwise expressly provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment

or repeal to, or repeal of, a section or other provision, the reference

shall be considered to be made to a section or other provision

of the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES;

ESTABLISHMENT OF SYSTEM.

(a) CLERICAL AMENDMENT.—The heading for section 301 (16

U.S.C. 1431) is amended to read as follows:

‘‘SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF

SYSTEM.’’.

(b) FINDINGS.—Section 301(a) (16 U.S.C. 1431(a)) is amended—

(1) in paragraph (2) by striking ‘‘research, educational,

or esthetic’’ and inserting ‘‘scientific, educational, cultural,

archeological, or esthetic’’;

(2) in paragraph (3) by adding ‘‘and’’ after the semicolon;

and

(3) by striking paragraphs (4), (5), and (6) and inserting

the following:

‘‘(4) a Federal program which establishes areas of the

marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine

sanctuaries managed as the National Marine Sanctuary System

will—

‘‘(A) improve the conservation, understanding, management, and wise and sustainable use of marine resources;

‘‘(B) enhance public awareness, understanding, and

appreciation of the marine environment; and

‘‘(C) maintain for future generations the habitat, and

ecological services, of the natural assemblage of living

resources that inhabit these areas.’’.

16 USC 1431

note.

National Marine

Sanctuaries

Amendments Act

of 2000.

Nov. 13, 2000

[S. 1482]

114 STAT. 2382 PUBLIC LAW 106–513—NOV. 13, 2000

(c) PURPOSES AND POLICIES.—Section 301(b) (16 U.S.C. 1431(b))

is amended—

(1) by striking ‘‘significance;’’ in paragraph (1) and inserting

‘‘significance and to manage these areas as the National Marine

Sanctuary System;’’;

(2) by striking paragraphs (3), (4), and (9);

(3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;

(4) by inserting after paragraph (2) the following:

‘‘(3) to maintain the natural biological communities in the

national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and

ecological processes;

‘‘(4) to enhance public awareness, understanding, appreciation, and wise and sustainable use of the marine environment,

and the natural, historical, cultural, and archeological resources

of the National Marine Sanctuary System;

‘‘(5) to support, promote, and coordinate scientific research

on, and long-term monitoring of, the resources of these marine

areas;’’;

(5) in paragraph (8), as redesignated, by striking ‘‘areas;’’

and inserting ‘‘areas, including the application of innovative

management techniques; and’’; and

(6) in paragraph (9), as redesignated, by striking ‘‘; and’’

and inserting a period.

(d) ESTABLISHMENT OF SYSTEM.—Section 301 is amended by

adding at the end the following:

‘‘(c) ESTABLISHMENT OF SYSTEM.—There is established the

National Marine Sanctuary System, which shall consist of national

marine sanctuaries designated by the Secretary in accordance with

this title.’’.

SEC. 4. CHANGES IN DEFINITIONS.

(a) DAMAGES.—Paragraph (6) of section 302 (16 U.S.C. 1432)

is amended—

(1) by striking ‘‘and’’ after the semicolon at the end of

subparagraph (B); and

(2) by adding after subparagraph (C) the following:

‘‘(D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and

‘‘(E) the cost of enforcement actions undertaken by

the Secretary in response to the destruction or loss of,

or injury to, a sanctuary resource;’’.

(b) RESPONSE COSTS.—Paragraph (7) of such section is amended

by inserting ‘‘, including costs related to seizure, forfeiture, storage,

or disposal arising from liability under section 312’’ after ‘‘injury’’

the second place it appears.

(c) SANCTUARY RESOURCE.—Paragraph (8) of such section is

amended by striking ‘‘research, educational,’’ and inserting ‘‘educational, cultural, archeological, scientific,’’.

(d) SYSTEM.—Such section is further amended—

(1) by striking ‘‘and’’ after the semicolon at the end of

paragraph (8);

(2) by striking the period at the end of paragraph (9)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2383

‘‘(10) ‘System’ means the National Marine Sanctuary

System established by section 301.’’.

SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.

(a) STANDARDS.—Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is

amended to read as follows: ‘‘(1) determines that— ‘‘(A) the designation will fulfill the purposes and policies of this title; ‘‘(B) the area is of special national significance due

to— ‘‘(i) its conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or

esthetic qualities; ‘‘(ii) the communities of living marine resources

it harbors; or ‘‘(iii) its resource or human-use values; ‘‘(C) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated

and comprehensive conservation and management of the

area, including resource protection, scientific research, and

public education; ‘‘(D) designation of the area as a national marine sanctuary will facilitate the objectives in subparagraph (C);

and ‘‘(E) the area is of a size and nature that will permit

comprehensive and coordinated conservation and management; and’’.

(b) FACTORS; REPEAL OF REPORT REQUIREMENT.—Section 303(b)

(16 U.S.C. 1433(b)) is amended—

(1) in paragraph (1) by striking ‘‘and’’ at the end of subparagraph (H), by striking the period at the end of subparagraph

(I) and inserting a semicolon, and by adding at the end the

following:

‘‘(J) the area’s scientific value and value for monitoring

the resources and natural processes that occur there;

‘‘(K) the feasibility, where appropriate, of employing

innovative management approaches to protect sanctuary

resources or to manage compatible uses; and

‘‘(L) the value of the area as an addition to the

System.’’; and

(2) by striking paragraph (3).

SEC. 6. CHANGES IN PROCEDURES FOR SANCTUARY DESIGNATION

AND IMPLEMENTATION.

(a) SUBMISSION OF NOTICE OF PROPOSED DESIGNATION TO CON- GRESS.—Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended

to read as follows:

‘‘(C) no later than the day on which the notice required

under subparagraph (A) is submitted to the Office of the

Federal Register, the Secretary shall submit a copy of

that notice and the draft sanctuary designation documents

prepared pursuant to section 304(a)(2), including an executive summary, to the Committee on Resources of the House

of Representatives, the Committee on Commerce, Science,

and Transportation of the Senate, and the Governor of

Deadline.

Notification.

Federal Register,

publication.

114 STAT. 2384 PUBLIC LAW 106–513—NOV. 13, 2000

each State in which any part of the proposed sanctuary

would be located.’’. (b) SANCTUARY DESIGNATION.—Section 304(a)(2) (16 U.S.C.

1434(a)(2)) is amended to read as follows: ‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—The Secretary

shall prepare and make available to the public sanctuary designation documents on the proposal that include the following: ‘‘(A) A draft environmental impact statement pursuant

to the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.). ‘‘(B) A resource assessment that documents— ‘‘(i) present and potential uses of the area,

including commercial and recreational fishing, research

and education, minerals and energy development,

subsistence uses, and other commercial, governmental,

or recreational uses; ‘‘(ii) after consultation with the Secretary of the

Interior, any commercial, governmental, or recreational

resource uses in the areas that are subject to the

primary jurisdiction of the Department of the Interior;

and ‘‘(iii) information prepared in consultation with the

Secretary of Defense, the Secretary of Energy, and

the Administrator of the Environmental Protection

Agency, on any past, present, or proposed future disposal or discharge of materials in the vicinity of the

proposed sanctuary.

Public disclosure by the Secretary of such information shall

be consistent with national security regulations.

‘‘(C) A draft management plan for the proposed

national marine sanctuary that includes the following:

‘‘(i) The terms of the proposed designation.

‘‘(ii) Proposed mechanisms to coordinate existing

regulatory and management authorities within the

area.

‘‘(iii) The proposed goals and objectives, management responsibilities, resource studies, and appropriate

strategies for managing sanctuary resources of the proposed sanctuary, including interpretation and education, innovative management strategies, research,

monitoring and assessment, resource protection, restoration, enforcement, and surveillance activities.

‘‘(iv) An evaluation of the advantages of cooperative

State and Federal management if all or part of the

proposed sanctuary is within the territorial limits of

any State or is superjacent to the subsoil and seabed

within the seaward boundary of a State, as that

boundary is established under the Submerged Lands

Act (43 U.S.C. 1301 et seq.).

‘‘(v) An estimate of the annual cost to the Federal

Government of the proposed designation, including

costs of personnel, equipment and facilities, enforcement, research, and public education.

‘‘(vi) The proposed regulations referred to in paragraph (1)(A).

‘‘(D) Maps depicting the boundaries of the proposed

sanctuary.

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2385

‘‘(E) The basis for the findings made under section

303(a) with respect to the area. ‘‘(F) An assessment of the considerations under section

303(b)(1).’’.

(c) WITHDRAWAL OF DESIGNATION.—Section 304(b)(2) (16 U.S.C.

1434(b)(2)) is amended by inserting ‘‘or System’’ after ‘‘sanctuary’’ the second place it appears.

(d) FEDERAL AGENCY ACTIONS AFFECTING SANCTUARY

RESOURCES.—Section 304(d) (16 U.S.C. 1434(d)) is amended by

adding at the end the following: ‘‘(4) FAILURE TO FOLLOW ALTERNATIVE.—If the head of a

Federal agency takes an action other than an alternative recommended by the Secretary and such action results in the

destruction of, loss of, or injury to a sanctuary resource, the

head of the agency shall promptly prevent and mitigate further

damage and restore or replace the sanctuary resource in a

manner approved by the Secretary.’’. (e) EVALUATION OF PROGRESS IN IMPLEMENTING MANAGEMENT

STRATEGIES.—Section 304(e) (16 U.S.C. 1434(e)) is amended—

(1) by striking ‘‘management techniques,’’ and inserting

‘‘management techniques and strategies,’’; and

(2) by adding at the end the following: ‘‘This review shall

include a prioritization of management objectives.’’.

(f) LIMITATION ON DESIGNATION OF NEW SANCTUARIES.—Section

304 (16 U.S.C. 1434) is amended by adding at the end the following:

‘‘(f) LIMITATION ON DESIGNATION OF NEW SANCTUARIES.—

‘‘(1) FINDING REQUIRED.—The Secretary may not publish

in the Federal Register any sanctuary designation notice or

regulations proposing to designate a new sanctuary, unless

the Secretary has published a finding that—

‘‘(A) the addition of a new sanctuary will not have

a negative impact on the System; and

‘‘(B) sufficient resources were available in the fiscal

year in which the finding is made to—

‘‘(i) effectively implement sanctuary management

plans for each sanctuary in the System; and

‘‘(ii) complete site characterization studies and

inventory known sanctuary resources, including cultural resources, for each sanctuary in the System

within 10 years after the date that the finding is

made if the resources available for those activities

are maintained at the same level for each fiscal year

in that 10 year period.

‘‘(2) DEADLINE.—If the Secretary does not submit the

findings required by paragraph (1) before February 1, 2004,

the Secretary shall submit to the Congress before October 1,

2004, a finding with respect to whether the requirements of

paragraph (2) have been met by all existing sanctuaries.

‘‘(3) LIMITATION ON APPLICATION.—Paragraph (1) does not

apply to any sanctuary designation documents for—

‘‘(A) a Thunder Bay National Marine Sanctuary; or

‘‘(B) a Northwestern Hawaiian Islands National Marine

Sanctuary.’’.

(g) NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF RESERVE.—

(1) PRESIDENTIAL DESIGNATION.—The President, after consultation with the Governor of the State of Hawaii, may designate any Northwestern Hawaiian Islands coral reef or coral

114 STAT. 2386 PUBLIC LAW 106–513—NOV. 13, 2000

reef ecosystem as a coral reef reserve to be managed by the

Secretary of Commerce.

(2) SECRETARIAL ACTION.—Upon the designation of a

reserve under paragraph (1) by the President, the Secretary

shall— (A) take action to initiate the designation of the reserve

as a National Marine Sanctuary under sections 303 and

304 of the National Marine Sanctuaries Act (16 U.S.C.

1433);

(B) establish a Northwestern Hawaiian Islands Reserve

Advisory Council under section 315 of that Act (16 U.S.C.

1445a), the membership of which shall include at least

1 representative from Native Hawaiian groups; and

(C) until the reserve is designated as a National Marine

Sanctuary, manage the reserve in a manner consistent

with the purposes and policies of that Act.

(3) PUBLIC COMMENT.—Notwithstanding any other provision of law, no closure areas around the Northwestern Hawaiian

Islands shall become permanent without adequate review and

comment.

(4) COORDINATION.—The Secretary shall work with other

Federal agencies and the Director of the National Science

Foundation, to develop a coordinated plan to make vessels

and other resources available for conservation or research

activities for the reserve.

(5) REVIEW.—If the Secretary has not designated a national

marine sanctuary in the Northwestern Hawaiian Islands under

sections 303 and 304 of the National Marine Sanctuaries Act

(16 U.S.C. 1433, 1434) before October 1, 2005, the Secretary

shall conduct a review of the management of the reserve under

section 304(e) of that Act (16 U.S.C. 1434(e)).

(6) REPORT.—No later than 6 months after the date of

enactment of this Act, the Secretary shall submit a report

to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on

Resources, describing actions taken to implement this subsection, including costs of monitoring, enforcing, and addressing

marine debris, and the extent to which the fiscal or other

resources necessary to carry out this subsection are reflected

in the Budget of the United States Government submitted

by the President under section 1104 of title 31, United States

Code.

(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Commerce to carry

out the provisions of this subsection such sums, not exceeding

$4,000,000 for each of fiscal years 2001, 2002, 2003, 2004,

and 2005, as are reported under paragraph (6) to be reflected

in the Budget of the United States Government.

SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

Section 306 (16 U.S.C. 1436) is amended— (1) in the matter preceding paragraph (1) by inserting

‘‘for any person’’ after ‘‘unlawful’’;

(2) in paragraph (2) by inserting ‘‘offer for sale, purchase,

import, export,’’ after ‘‘sell,’’; and

(3) by amending paragraph (3) to read as follows:

‘‘(3) interfere with the enforcement of this title by—

Deadline.

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2387

‘‘(A) refusing to permit any officer authorized to enforce

this title to board a vessel, other than a vessel operated

by the Department of Defense or United States Coast

Guard, subject to such person’s control for the purposes

of conducting any search or inspection in connection with

the enforcement of this title; ‘‘(B) resisting, opposing, impeding, intimidating,

harassing, bribing, interfering with, or forcibly assaulting

any person authorized by the Secretary to implement this

title or any such authorized officer in the conduct of any

search or inspection performed under this title; or ‘‘(C) knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce

this title in connection with any search or inspection conducted under this title; or’’.

SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

(a) POWERS OF AUTHORIZED OFFICERS TO ARREST.—Section

307(b) (16 U.S.C. 1437(b)) is amended by striking ‘‘and’’ after the

semicolon at the end of paragraph (4), by striking the period at

the end of paragraph (5) and inserting ‘‘; and’’, and by adding

at the end the following: ‘‘(6) arrest any person, if there is reasonable cause to believe

that such person has committed an act prohibited by section

306(3).’’. (b) CRIMINAL OFFENSES.—Section 307 (16 U.S.C. 1437) is

amended by redesignating subsections (c) through (j) in order as

subsections (d) through (k), and by inserting after subsection (b)

the following: ‘‘(c) CRIMINAL OFFENSES.— ‘‘(1) OFFENSES.—A person is guilty of an offense under

this subsection if the person commits any act prohibited by

section 306(3). ‘‘(2) PUNISHMENT.—Any person that is guilty of an offense

under this subsection— ‘‘(A) except as provided in subparagraph (B), shall be

fined under title 18, United States Code, imprisoned for

not more than 6 months, or both; or ‘‘(B) in the case of a person who in the commission

of such an offense uses a dangerous weapon, engages in

conduct that causes bodily injury to any person authorized

to enforce this title or any person authorized to implement

the provisions of this title, or places any such person in

fear of imminent bodily injury, shall be fined under title

18, United States Code, imprisoned for not more than

10 years, or both.’’. (c) SUBPOENAS OF ELECTRONIC FILES.—Subsection (g) of section

307 (16 U.S.C. 1437), as redesignated by this section, is amended

by inserting ‘‘electronic files,’’ after ‘‘books,’’.

(d) NATIONWIDE SERVICE OF PROCESS.—Section 307 (16 U.S.C.

1437) is amended by adding at the end the following:

‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any action by the

United States under this title, process may be served in any district

where the defendant is found, resides, transacts business, or has

appointed an agent for the service of process.’’.

SEC. 9. ADDITIONAL REGULATIONS AUTHORITY.

Section 308 (16 U.S.C. 1439) is amended to read as follows:

114 STAT. 2388 PUBLIC LAW 106–513—NOV. 13, 2000

‘‘SEC. 308. REGULATIONS.

‘‘The Secretary may issue such regulations as may be necessary

to carry out this title.’’.

SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION

PROVISIONS.

Section 309 (16 U.S.C. 1440) is amended to read as follows:

‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

‘‘(a) IN GENERAL.—The Secretary shall conduct, support, or

coordinate research, monitoring, evaluation, and education programs consistent with subsections (b) and (c) and the purposes

and policies of this title.

‘‘(b) RESEARCH AND MONITORING.—

‘‘(1) IN GENERAL.—The Secretary may—

‘‘(A) support, promote, and coordinate research on, and

long-term monitoring of, sanctuary resources and natural

processes that occur in national marine sanctuaries,

including exploration, mapping, and environmental and

socioeconomic assessment;

‘‘(B) develop and test methods to enhance degraded

habitats or restore damaged, injured, or lost sanctuary

resources; and

‘‘(C) support, promote, and coordinate research on, and

the conservation, curation, and public display of, the cultural, archeological, and historical resources of national

marine sanctuaries.

‘‘(2) AVAILABILITY OF RESULTS.—The results of research

and monitoring conducted, supported, or permitted by the Secretary under this subsection shall be made available to the

public.

‘‘(c) EDUCATION.—

‘‘(1) IN GENERAL.—The Secretary may support, promote,

and coordinate efforts to enhance public awareness, understanding, and appreciation of national marine sanctuaries and

the System. Efforts supported, promoted, or coordinated under

this subsection must emphasize the conservation goals and

sustainable public uses of national marine sanctuaries and

the System.

‘‘(2) EDUCATIONAL ACTIVITIES.—Activities under this subsection may include education of the general public, teachers,

students, national marine sanctuary users, and ocean and

coastal resource managers.

‘‘(d) INTERPRETIVE FACILITIES.—

‘‘(1) IN GENERAL.—The Secretary may develop interpretive

facilities near any national marine sanctuary.

‘‘(2) FACILITY REQUIREMENT.—Any facility developed under

this subsection must emphasize the conservation goals and

sustainable public uses of national marine sanctuaries by providing the public with information about the conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities of the national marine

sanctuary.

‘‘(e) CONSULTATION AND COORDINATION.—In conducting, supporting, and coordinating research, monitoring, evaluation, and education programs under subsection (a) and developing interpretive

Public

information.

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2389

facilities under subsection (d), the Secretary may consult or coordinate with Federal, interstate, or regional agencies, States or local

governments.’’.

SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

Section 310 (16 U.S.C. 1441) is amended— (1) by redesignating subsections (b) through (f) as subsections (c) through (g), and by inserting after subsection (a)

the following:

‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary shall provide

appropriate public notice before identifying any category of activity

subject to a special use permit under subsection (a).’’;

(2) by striking ‘‘insurance’’ in paragraph (4) of subsection

(c), as redesignated, and inserting ‘‘insurance, or post an equivalent bond,’’;

(3) by striking ‘‘resource and a reasonable return to the

United States Government.’’ in paragraph (2)(C) of subsection

(d), as redesignated, and inserting ‘‘resource.’’;

(4) in subsection (d)(3)(B), as redesignated, by striking ‘‘designating and’’; and

(5) in subsection (d), as redesignated, by inserting after

paragraph (3) the following: ‘‘(4) WAIVER OR REDUCTION OF FEES.—The Secretary may

accept in-kind contributions in lieu of a fee under paragraph

(2)(C), or waive or reduce any fee assessed under this subsection

for any activity that does not derive profit from the access

to or use of sanctuary resources.’’.

SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

(a) AGREEMENTS AND GRANTS.—Section 311(a) (16 U.S.C.

1442(a)) is amended to read as follows:

‘‘(a) AGREEMENTS AND GRANTS.—The Secretary may enter into

cooperative agreements, contracts, or other agreements with, or

make grants to, States, local governments, regional agencies, interstate agencies, or other persons to carry out the purposes and

policies of this title.’’.

(b) USE OF RESOURCES FROM OTHER GOVERNMENT AGENCIES.—

Section 311 (16 U.S.C. 1442) is amended by adding at the end

the following:

‘‘(e) USE OF RESOURCES OF OTHER GOVERNMENT AGENCIES.—

The Secretary may, whenever appropriate, enter into an agreement

with a State or other Federal agency to use the personnel, services,

or facilities of such agency on a reimbursable or nonreimbursable

basis, to assist in carrying out the purposes and policies of this

title.

‘‘(f) AUTHORITY TO OBTAIN GRANTS.—Notwithstanding any

other provision of law that prohibits a Federal agency from receiving

assistance, the Secretary may apply for, accept, and use grants

from other Federal agencies, States, local governments, regional

agencies, interstate agencies, foundations, or other persons, to carry

out the purposes and policies of this title.’’.

SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS,

OR INJURY.

(a) VENUE FOR CIVIL ACTIONS.—Section 312(c) (16 U.S.C.

1443(c)) is amended— (1) by inserting ‘‘(1)’’ before the first sentence;

114 STAT. 2390 PUBLIC LAW 106–513—NOV. 13, 2000

(2) in paragraph (1) (as so designated) in the first sentence

by striking ‘‘in the United States district court for the appropriate district’’; and

(3) by adding at the end the following:

‘‘(2) An action under this subsection may be brought in the

United States district court for any district in which—

‘‘(A) the defendant is located, resides, or is doing business,

in the case of an action against a person;

‘‘(B) the vessel is located, in the case of an action against

a vessel; or

‘‘(C) the destruction of, loss of, or injury to a sanctuary

resource occurred.’’.

(b) USE OF RECOVERED AMOUNTS.—Section 312(d) (16 U.S.C.

1443(d)) is amended by striking paragraphs (1) and (2) and inserting

the following: ‘‘(1) RESPONSE COSTS.—Amounts recovered by the United

States for costs of response actions and damage assessments

under this section shall be used, as the Secretary considers

appropriate— ‘‘(A) to reimburse the Secretary or any other Federal

or State agency that conducted those activities; and ‘‘(B) after reimbursement of such costs, to restore,

replace, or acquire the equivalent of any sanctuary

resource.

‘‘(2) OTHER AMOUNTS.—All other amounts recovered shall

be used, in order of priority—

‘‘(A) to restore, replace, or acquire the equivalent of

the sanctuary resources that were the subject of the action,

including for costs of monitoring and the costs of curation

and conservation of archeological, historical, and cultural

sanctuary resources;

‘‘(B) to restore degraded sanctuary resources of the

national marine sanctuary that was the subject of the

action, giving priority to sanctuary resources and habitats

that are comparable to the sanctuary resources that were

the subject of the action; and

‘‘(C) to restore degraded sanctuary resources of other

national marine sanctuaries.’’.

(c) STATUTE OF LIMITATIONS.—Section 312 (16 U.S.C. 1443)

is amended by adding at the end the following:

‘‘(e) STATUTE OF LIMITATIONS.—An action for response costs

or damages under subsection (c) shall be barred unless the complaint is filed within 3 years after the date on which the Secretary

completes a damage assessment and restoration plan for the sanctuary resources to which the action relates.’’.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to the Secretary— ‘‘(1) to carry out this title—

‘‘(A) $32,000,000 for fiscal year 2001;

‘‘(B) $34,000,000 for fiscal year 2002;

‘‘(C) $36,000,000 for fiscal year 2003;

‘‘(D) $38,000,000 for fiscal year 2004;

‘‘(E) $40,000,000 for fiscal year 2005; and

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2391

‘‘(2) for construction projects at national marine sanc- tuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003,

2004, and 2005.’’.

SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS.

Section 314 (16 U.S.C. 1445) is amended by striking subsection

(b) and redesignating subsection (c) as subsection (b).

SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

Section 315 (16 U.S.C. 1445a) is amended by striking ‘‘provide

assistance’’ in subsection (a) and inserting ‘‘advise and make recommendations’’.

SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

Section 316 (16 U.S.C. 1445b) is amended— (1) in subsection (a)(1), by inserting ‘‘or the System’’ after ‘‘sanctuaries’’;

(2) in subsection (a)(4) by striking ‘‘use of any symbol

published under paragraph (1)’’ and inserting ‘‘manufacture,

reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol,’’;

(3) by amending subsection (e)(3) to read as follows:

‘‘(3) to manufacture, reproduce, or otherwise use any symbol

adopted by the Secretary under subsection (a)(1), including

to sell any item bearing such a symbol, unless authorized

by the Secretary under subsection (a)(4) or subsection (f); or’’;

and

(4) by adding at the end the following:

‘‘(f) COLLABORATIONS.—The Secretary may authorize the use

of a symbol adopted by the Secretary under subsection (a)(1) by

any person engaged in a collaborative effort with the Secretary

to carry out the purposes and policies of this title and to benefit

a national marine sanctuary or the System.

‘‘(g) AUTHORIZATION FOR NON-PROFIT PARTNER ORGANIZATION

TO SOLICIT SPONSORS.—

‘‘(1) IN GENERAL.—The Secretary may enter into an agreement with a non-profit partner organization authorizing it to

assist in the administration of the sponsorship program established under this section. Under an agreement entered into

under this paragraph, the Secretary may authorize the nonprofit partner organization to solicit persons to be official sponsors of the national marine sanctuary system or of individual

national marine sanctuaries, upon such terms as the Secretary

deems reasonable and will contribute to the successful administration of the sanctuary system. The Secretary may also

authorize the non-profit partner organization to collect the

statutory contribution from the sponsor, and, subject to paragraph (2), transfer the contribution to the Secretary.

‘‘(2) REIMBURSEMENT FOR ADMINISTRATIVE COSTS.—Under

the agreement entered into under paragraph (1), the Secretary

may authorize the non-profit partner organization to retain

not more than 5 percent of the amount of monetary contributions it receives from official sponsors under the agreement

to offset the administrative costs of the organization in soliciting

sponsors.

‘‘(3) PARTNER ORGANIZATION DEFINED.—In this subsection,

the term ‘partner organization’ means an organization that—

114 STAT. 2392 PUBLIC LAW 106–513—NOV. 13, 2000

‘‘(A) draws its membership from individuals, private

organizations, corporations, academic institutions, or State

and local governments; and ‘‘(B) is established to promote the understanding of,

education relating to, and the conservation of the resources

of a particular sanctuary or 2 or more related sanctuaries.’’.

SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)

is amended by inserting after section 317 the following:

‘‘SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster

Scholarship Program. Under the program, the Secretary shall award

graduate education scholarships in oceanography, marine biology

or maritime archeology, to be known as Dr. Nancy Foster Scholarships. ‘‘(b) PURPOSES.—The purposes of the Dr. Nancy Foster Scholarship Program are—

‘‘(1) to recognize outstanding scholarship in oceanography,

marine biology, or maritime archeology, particularly by women

and members of minority groups; and

‘‘(2) to encourage independent graduate level research in

oceanography, marine biology, or maritime archeology.

‘‘(c) AWARD.—Each Dr. Nancy Foster Scholarship—

‘‘(1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate

level institution of higher education; and

‘‘(2) shall be awarded in accordance with guidelines issued

by the Secretary.

‘‘(d) DISTRIBUTION OF FUNDS.—The amount of each Dr. Nancy

Foster Scholarship shall be provided directly to a recipient selected

by the Secretary upon receipt of certification that the recipient

will adhere to a specific and detailed plan of study and research

approved by a graduate level institution of higher education. ‘‘(e) FUNDING.—Of the amount available each fiscal year to

carry out this title, the Secretary shall award 1 percent as Dr.

Nancy Foster Scholarships. ‘‘(f) SCHOLARSHIP REPAYMENT REQUIREMENT.—The Secretary

shall require an individual receiving a scholarship under this section

to repay the full amount of the scholarship to the Secretary if

the Secretary determines that the individual, in obtaining or using

the scholarship, engaged in fraudulent conduct or failed to comply

with any term or condition of the scholarship. ‘‘(g) MARITIME ARCHEOLOGY DEFINED.—In this section the term ‘maritime archeology’ includes the curation, preservation, and display of maritime artifacts.’’.

SEC. 19. CLERICAL AMENDMENTS.

(a) CORRECTION OF REFERENCES TO FORMER COMMITTEE.—The

following provisions are amended by striking ‘‘Merchant Marine

and Fisheries’’ and inserting ‘‘Resources’’:

(1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).

(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).

(b) CORRECTION OF REFERENCE TO RENAMED ACT.—(1) Section

16 USC 1432. 302(2) is amended to read as follows:

16 USC 1445c.

PUBLIC LAW 106–513—NOV. 13, 2000 114 STAT. 2393

LEGISLATIVE HISTORY—S. 1482 (H.R. 1243):

HOUSE REPORTS: No. 106–224 accompanying H.R. 1243 (Comm. on Resources).

SENATE REPORTS: No. 106–353 (Comm. on Commerce, Science, and Transportation.)

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 17, considered and passed Senate.

Oct. 24, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Nov. 13, Presidential statements.

Æ

‘‘(2) ‘Magnuson-Stevens Act’ means the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801

et seq.);’’. (2) Section 302(9) is amended by striking ‘‘Magnuson Fishery

Conservation and Management Act’’ and inserting ‘‘Magnuson-Stevens Act’’.

(3) Section 303(b)(2)(D) is amended by striking ‘‘Magnuson Act’’

and inserting ‘‘Magnuson-Stevens Act’’.

(4) Section 304(a)(5) is amended by striking ‘‘Magnuson Act’’

and inserting ‘‘Magnuson-Stevens Act’’.

(5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by

striking ‘‘Magnuson Fishery Conservation and Management Act’’

and inserting ‘‘Magnuson-Stevens Act’’.

(c) MISCELLANEOUS.—Section 312(a)(1) (16 U.S.C. 1443(a)(1))

is amended by striking ‘‘UNITED STATES’’ and inserting ‘‘UNITED

STATES’’.

Approved November 13, 2000.

16 USC 1434.

16 USC 1433.

16 USC 1432.