II 

Calendar No. 299 

112TH CONGRESS 

2D SESSION S. 485 

[Report No. 112–134] 

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 

JANUARY 26, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Thunder Bay National 

3 Marine Sanctuary and Underwater Preserve Boundary 

4 Modification Act’’. 

5 SEC. 2. FINDINGS AND PURPOSES. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) Thunder Bay National Marine Sanctuary 

9 and Underwater Preserve in Lake Huron contains 

10 more than 100 recorded historic vessel losses. 

11 (2) The areas immediately surrounding the 

12 Sanctuary, including the offshore waters of Presque 

13 Isle and Alcona counties, Michigan, contain an equal 

14 number of historic vessel losses. 

15 (3) Many of these shipwrecks and underwater 

16 cultural resources are popular recreational diving 

17 destinations and all contribute to our collective mari18 time heritage. 

19 (4) These resources are susceptible to damage 

20 from human activities and must be properly pre21 served for their innate value and to protect the eco22 nomic viability of their contribution to national and 

23 regional economies. 

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

25 (1) to expand the Thunder Bay National Ma26 rine Sanctuary and Underwater Preserve boundaries 

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1 to encompass the offshore waters of Presque Isle 

2 and Alcona counties, Michigan, and outward to the 

3 international border between the United States and 

4 Canada; and 

5 (2) to provide the underwater cultural resources 

6 of those areas equal protection to that currently af7 forded to the Sanctuary. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 means the Thunder Bay National Marine Sanctuary 

12 and Underwater Preserve. 

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

14 the Secretary of Commerce. 

15 SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. 

16 (a) BOUNDARY ADJUSTMENT.—Notwithstanding any 

17 other provision of law, including section 922.190 of title 

18 15, Code of Federal Regulations, as in effect on the date 

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

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

21 (b) EXPANDED SANCTUARY BOUNDARY.—The area 

22 referred to in subsection (a) is all submerged lands, in23 cluding the underwater cultural resources, lakeward of the 

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

25 formed by connecting points in succession beginning at a 

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1 point along the mean high water line located approxi2 mately at 45.6262N, 84.2043W at the intersection of the 

3 northern Presque Isle and northeastern Cheboygan Coun4 ty boundary, then north to a point approximately 

5 45.7523N, 84.2011W, then northeast to a point approxi6 mately 45.7777N, 84.1231W, then due east to the inter7 national boundary between the United States and Canada 

8 approximately located at 45.7719N, 83.4840W then fol9 lowing the international boundary between the United 

10 States and Canada in a generally southeasterly direction 

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

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

13 located approximately at 44.5116N, 83.3186W at the 

14 intersection of the southern Alcona County and northern 

15 Iosco County boundary, returning to the first point along 

16 the mean high water line. 

17 (c) AUTHORITY TO MAKE MINOR ADJUSTMENTS.— 

18 The Secretary may make minor adjustments to the bound19 ary described in subsection (b) to facilitate enforcement 

20 and clarify the boundary to the public if the resulting 

21 boundary is consistent with the purposes described in sec22 tion 2(b). 

23 (d) INCLUSION IN THE NATIONAL MARINE SANC24 TUARY SYSTEM.—The area described in subsection (b), as 

25 modified in accordance with subsection (c), shall be manmstockstill on DSK4VPTVN1PROD with BILLS

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1 aged as part of the National Marine Sanctuary System 

2 established by section 301(c) of the National Marine Sanc3 tuaries Act (16 U.S.C. 1431(c)), in accordance with that 

4 Act. 

5 (e) UPDATED NATIONAL OCEANIC AND ATMOS6 PHERIC ADMINISTRATION CHARTS.—The Secretary 

7 shall— 

8 (1) produce updated National Oceanic and At9 mospheric Administration charts for the area in 

10 which the Sanctuary is located; and 

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

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

13 accordance with subsection (c). 

14 SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. 

15 (a) REGULATIONS.—The regulations applicable to 

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

17 15, Code of Federal Regulations, as in effect on the date 

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

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

20 the Secretary specifies otherwise by regulation. 

21 (b) EXISTING CERTIFICATIONS.—The Secretary may 

22 certify that any license, permit, approval, other authoriza23 tion, or right to conduct a prohibited activity authorized 

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

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

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1 this Act shall apply to such an activity conducted within 

2 the geographic area added to the Sanctuary pursuant to 

3 section 4. 

4 (c) DATE OF SANCTUARY DESIGNATION.—For pur5 poses of section 922.194 of title 15, Code of Federal Regu6 lations, the date of Sanctuary designation shall be the date 

7 of the enactment of this Act. 

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

9 the Secretary shall apply the management plan in effect 

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

11 Act to the geographic area added to the Sanctuary pursu12 ant to section 4. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Thunder Bay National 

15 Marine Sanctuary and Underwater Preserve Boundary 

16 Modification Act’’. 

17 SEC. 2. FINDINGS AND PURPOSES. 

18 (a) FINDINGS.—Congress makes the following findings: 

19 (1) Thunder Bay National Marine Sanctuary 

20 and Underwater Preserve in Lake Huron contains 

21 more than 100 recorded historic vessel losses. 

22 (2) The areas immediately surrounding the 

23 Sanctuary, including the offshore waters of Presque 

24 Isle and Alcona counties, Michigan, contain an equal 

25 number of historic vessel losses. 

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1 (3) Many of these shipwrecks and underwater 

2 cultural resources are popular recreational diving 

3 destinations and all contribute to our collective mari4 time heritage. 

5 (4) These resources are susceptible to damage 

6 from human activities and must be properly pre7 served for their innate value and to protect the eco8 nomic viability of their contribution to national and 

9 regional economies. 

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

11 (1) to expand the Thunder Bay National Marine 

12 Sanctuary and Underwater Preserve boundaries to 

13 encompass the offshore waters of Presque Isle and 

14 Alcona counties, Michigan, and outward to the inter15 national border between the United States and Can16 ada; and 

17 (2) to provide the underwater cultural resources 

18 of those areas equal protection to that currently af19 forded to the Sanctuary. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 the Thunder Bay National Marine Sanctuary and 

24 Underwater Preserve. 

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

2 the Secretary of Commerce. 

3 SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. 

4 (a) BOUNDARY ADJUSTMENT.—Notwithstanding any 

5 other provision of law, including section 922.190 of title 

6 15, Code of Federal Regulations, as in effect on the date 

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

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

9 (b) EXPANDED SANCTUARY BOUNDARY.—The area re10 ferred to in subsection (a) is all submerged lands, including 

11 the underwater cultural resources, lakeward of the mean 

12 high water line, within the boundaries of a line formed by 

13 connecting points in succession beginning at a point along 

14 the mean high water line located approximately at 

15 45.6262N, 84.2043W at the intersection of the northern 

16 Presque Isle and northeastern Cheboygan County boundary, 

17 then north to a point approximately 45.7523N, 84.2011W, 

18 then northeast to a point approximately 45.7777N, 

19 84.1231W, then due east to the international boundary be20 tween the United States and Canada approximately located 

21 at 45.7719N, 83.4840W then following the international 

22 boundary between the United States and Canada in a gen23 erally southeasterly direction to a point located approxi24 mately at 44.5128N, 82.3295W, then due west to a point 

25 along the mean high water line located approximately at 

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1 44.5116N, 83.3186W at the intersection of the southern 

2 Alcona County and northern Iosco County boundary, re3 turning to the first point along the mean high water line. 

4 (c) AUTHORITY TO MAKE MINOR ADJUSTMENTS.—The 

5 Secretary may make minor adjustments to the boundary 

6 described in subsection (b) to facilitate enforcement and 

7 clarify the boundary to the public if the resulting boundary 

8 is consistent with the purposes described in section 2(b). 

9 (d) INCLUSION IN THE NATIONAL MARINE SANCTUARY

10 SYSTEM.—The area described in subsection (b), as modified 

11 in accordance with subsection (c), shall be managed as part 

12 of the National Marine Sanctuary System established by 

13 section 301(c) of the National Marine Sanctuaries Act (16 

14 U.S.C. 1431(c)), in accordance with that Act. 

15 (e) UPDATED NATIONAL OCEANIC AND ATMOSPHERIC

16 ADMINISTRATION CHARTS.—The Secretary shall— 

17 (1) produce updated National Oceanic and At18 mospheric Administration charts for the area in 

19 which the Sanctuary is located; and 

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

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

22 accordance with subsection (c). 

23 SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. 

24 (a) REGULATIONS.—The regulations applicable to the 

25 Sanctuary codified in subpart R of part 922 of title 15, 

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1 Code of Federal Regulations, as in effect on the date of the 

2 enactment of this Act, shall apply to the geographic area 

3 added to the Sanctuary pursuant to section 4, unless the 

4 Secretary specifies otherwise by regulation. 

5 (b) EXISTING CERTIFICATIONS.—The Secretary may 

6 certify that any license, permit, approval, other authoriza7 tion, or right to conduct a prohibited activity authorized 

8 pursuant to section 922.194 of title 15, Code of Federal Reg9 ulations, that exists on the date of the enactment of this 

10 Act shall apply to such an activity conducted within the 

11 geographic area added to the Sanctuary pursuant to section 

12 4. 

13 (c) DATE OF SANCTUARY DESIGNATION.—For pur14 poses of section 922.194 of title 15, Code of Federal Regula15 tions, the date of Sanctuary designation shall be the date 

16 of the enactment of this Act. 

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

18 the Secretary shall apply the management plan in effect 

19 for the Sanctuary on the date of the enactment of this Act 

20 to the geographic area added to the Sanctuary pursuant 

21 to section 4. 

22 SEC. 6. CONSTRUCTION. 

23 Nothing in this Act may be construed to increase or 

24 require an increase of the amount of appropriated funds 

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1 or of the authorization of appropriations for the Thunder 

2 Bay National Marine Sanctuary and Underwater Preserve. 

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Calendar No. 299 

112TH CONGRESS 

2D SESSION S. 485 

[Report No. 112–134] 

A BILL 

To expand the boundaries of the Thunder Bay Naserve, and for other purposes. tional Marine Sanctuary and Underwater PreJANUARY 26, 2012 

Reported with an amendment 

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