II 

112TH CONGRESS 

1ST SESSION S. 485 

To expand the boundaries of the Thunder Bay National Marine Sanctuary 

and Underwater Preserve, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To expand the boundaries of the Thunder Bay National 

Marine Sanctuary and Underwater Preserve, 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 ‘‘Thunder Bay National 

5 Marine Sanctuary and Underwater Preserve Boundary 

6 Modification Act’’. 

7 SEC. 2. FINDINGS AND PURPOSES. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


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1 (1) Thunder Bay National Marine Sanctuary 

2 and Underwater Preserve in Lake Huron contains 

3 more than 100 recorded historic vessel losses. 

4 (2) The areas immediately surrounding the 

5 Sanctuary, including the offshore waters of Presque 

6 Isle and Alcona counties, Michigan, contain an equal 

7 number of historic vessel losses. 

8 (3) Many of these shipwrecks and underwater 

9 cultural resources are popular recreational diving 

10 destinations and all contribute to our collective mari11 time heritage. 

12 (4) These resources are susceptible to damage 

13 from human activities and must be properly pre14 served for their innate value and to protect the eco15 nomic viability of their contribution to national and 

16 regional economies. 

17 (b) PURPOSES.—The purposes of this Act are— 

18 (1) to expand the Thunder Bay National Ma19 rine Sanctuary and Underwater Preserve boundaries 

20 to encompass the offshore waters of Presque Isle 

21 and Alcona counties, Michigan, and outward to the 

22 international border between the United States and 

23 Canada; and 


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1 (2) to provide the underwater cultural resources 

2 of those areas equal protection to that currently af3 forded to the Sanctuary. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 means the Thunder Bay National Marine Sanctuary 

8 and Underwater Preserve. 

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

10 the Secretary of Commerce. 

11 SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. 

12 (a) BOUNDARY ADJUSTMENT.—Notwithstanding any 

13 other provision of law, including section 922.190 of title 

14 15, Code of Federal Regulations, as in effect on the date 

15 of the enactment of this Act, the Sanctuary shall consist 

16 of the geographic area described in subsection (b). 

17 (b) EXPANDED SANCTUARY BOUNDARY.—The area 

18 referred to in subsection (a) is all submerged lands, in19 cluding the underwater cultural resources, lakeward of the 

20 mean high water line, within the boundaries of a line 

21 formed by connecting points in succession beginning at a 

22 point along the mean high water line located approxi23 mately at 45.6262N, 84.2043W at the intersection of the 

24 northern Presque Isle and northeastern Cheboygan Coun25 ty boundary, then north to a point approximately 


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1 45.7523N, 84.2011W, then northeast to a point approxi2 mately 45.7777N, 84.1231W, then due east to the inter3 national boundary between the United States and Canada 

4 approximately located at 45.7719N, 83.4840W then fol5 lowing the international boundary between the United 

6 States and Canada in a generally southeasterly direction 

7 to a point located approximately at 44.5128N, 82.3295W, 

8 then due west to a point along the mean high water line 

9 located approximately at 44.5116N, 83.3186W at the 

10 intersection of the southern Alcona County and northern 

11 Iosco County boundary, returning to the first point along 

12 the mean high water line. 

13 (c) AUTHORITY TO MAKE MINOR ADJUSTMENTS.— 

14 The Secretary may make minor adjustments to the bound15 ary described in subsection (b) to facilitate enforcement 

16 and clarify the boundary to the public if the resulting 

17 boundary is consistent with the purposes described in sec18 tion 2(b). 

19 (d) INCLUSION IN THE NATIONAL MARINE SANC20 TUARY SYSTEM.—The area described in subsection (b), as 

21 modified in accordance with subsection (c), shall be man22 aged as part of the National Marine Sanctuary System 

23 established by section 301(c) of the National Marine Sanc24 tuaries Act (16 U.S.C. 1431(c)), in accordance with that 

25 Act. 


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1 (e) UPDATED NATIONAL OCEANIC AND ATMOS2 PHERIC ADMINISTRATION CHARTS.—The Secretary 

3 shall— 

4 (1) produce updated National Oceanic and At5 mospheric Administration charts for the area in 

6 which the Sanctuary is located; and 

7 (2) include on such charts the boundaries of the 

8 Sanctuary described in subsection (b), as modified in 

9 accordance with subsection (c). 

10 SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. 

11 (a) REGULATIONS.—The regulations applicable to 

12 the Sanctuary codified in subpart R of part 922 of title 

13 15, Code of Federal Regulations, as in effect on the date 

14 of the enactment of this Act, shall apply to the geographic 

15 area added to the Sanctuary pursuant to section 4, unless 

16 the Secretary specifies otherwise by regulation. 

17 (b) EXISTING CERTIFICATIONS.—The Secretary may 

18 certify that any license, permit, approval, other authoriza19 tion, or right to conduct a prohibited activity authorized 

20 pursuant to section 922.194 of title 15, Code of Federal 

21 Regulations, that exists on the date of the enactment of 

22 this Act shall apply to such an activity conducted within 

23 the geographic area added to the Sanctuary pursuant to 

24 section 4. 


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1 (c) DATE OF SANCTUARY DESIGNATION.—For pur2 poses of section 922.194 of title 15, Code of Federal Regu3 lations, the date of Sanctuary designation shall be the date 

4 of the enactment of this Act. 

5 (d) MANAGEMENT PLAN.—To the extent practicable, 

6 the Secretary shall apply the management plan in effect 

7 for the Sanctuary on the date of the enactment of this 

8 Act to the geographic area added to the Sanctuary pursu9 ant to section 4. 

Æ 


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