I 

111TH CONGRESS 

1ST SESSION H. R. 905 

To expand the boundaries of the Thunder Bay National Marine Sanctuary 

and Underwater Preserve, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Mr. STUPAK (for himself, Mr. MCCOTTER, and Mr. KILDEE) introduced the 

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

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 

7 equal 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 mar11 itime heritage. 

12 (4) These resources are susceptible to damage 

13 from human activities, and must be properly pre14 served for themselves and to protect the economic vi15 ability of their contribution to national and regional 

16 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 provision of law or regulation, including section 922.190 

14 of title 15, Code of Federal Regulations, as in effect on 

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

16 consist 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, lake ward of 

20 the 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 45.628741N, 84.206983W (at Hammond Bay 

24 in Presque Isle County) then due east to the international 

25 boundary between the United States and Canada approximstockstill on PROD1PC66 with BILLS

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1 mately located at 45.628741N, 83.163783W then fol2 lowing the international boundary between the United 

3 States and Canada in a generally southeasterly direction 

4 where it intersects latitude 44.511111N, then due west to 

5 a point along the mean high water line located approxi6 mately at 44.511111N, 83.318483W (in Alcona County 

7 just south of the town of Greenbush) returning to the first 

8 point along the mean high water line. 

9 (c) AUTHORITY TO MAKE MINOR ADJUSTMENTS.— 

10 The Secretary may make minor adjustments to the bound11 ary described in subsection (b) to facilitate enforcement 

12 and clarify the boundary to the public provided the result13 ing boundary is consistent with the purposes described in 

14 section 2(b). 

15 (d) INCLUSION IN THE SYSTEM.—The area described 

16 in subsection (b), as modified in accordance with sub17 section (c), shall be managed as part of the National Ma18 rine Sanctuary System established by section 301(c) of the 

19 National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in 

20 accordance with that Act. 

21 (e) UPDATED NOAA CHARTS.—The Secretary 

22 shall— 

23 (1) produce updated National Oceanic and At24 mospheric Administration charts for the area in 

25 which the Sanctuary is located; and 

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

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

3 accordance with subsection (c). 

4 SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. 

5 (a) REGULATIONS.—The regulations applicable to 

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

7 15, Code of Federal Regulations, as in effect on the date 

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

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

10 the Secretary specifies otherwise by regulation. 

11 (b) EXISTING CERTIFICATIONS.—The Secretary may 

12 certify that any license, permit, approval, other authoriza13 tion, or right to conduct a prohibited activity made pursu14 ant to section 922.194 of title 15, Code of Federal Regula15 tions, that exists on the date of the enactment of this Act 

16 shall apply to such an activity conducted within the geo17 graphic area added to the Sanctuary pursuant to section 

18 4. 

19 (c) DATE OF SANCTUARY DESIGNATION.—For pur20 poses of section 922.194 of title 15, Code of Federal Regu21 lations, the date of the enactment of this Act shall be 

22 deemed to be the date of Sanctuary designation. 

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

24 the Secretary shall apply the management plan in effect 

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

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1 Act to the geographic area added to the Sanctuary pursu2 ant to section 4. 

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