IIB

106TH CONGRESS

1ST SESSION H. R. 1243

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22, 1999

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To reauthorize and amend the National Marine Sanctuaries

Act, 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 ‘‘Sanctuaries and Re3 serves Act of 1999’’.

4 TITLE I—NATIONAL MARINE

5 SANCTUARIES

6 SEC. 101. AMENDMENT OF NATIONAL MARINE SANC7 TUARIES ACT.

8 Except as otherwise expressly provided, whenever in

9 this title an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a

12 section or other provision of the National Marine Sanc13 tuaries Act (16 U.S.C. 1431 et seq.).

14 SEC. 102. FINDINGS; PURPOSES AND POLICIES.

15 (a) FINDINGS.—Section 301(a) (16 U.S.C. 1431(a))

16 is amended—

17 (1) in paragraph (2) by inserting ‘‘cultural, ar18 chaeological,’’ after ‘‘educational,’’;

19 (2) in paragraph (4) by inserting ‘‘as national

20 marine sanctuaries’’ after ‘‘environment’’;

21 (3) in paragraph (5) by inserting ‘‘of national

22 marine sanctuaries managed as the National Marine

23 Sanctuary System’’ after ‘‘program’’; and

24 (4) in paragraph (6) by striking ‘‘special areas’’

25 and inserting ‘‘national marine sanctuaries’’.
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1 (b) PURPOSES AND POLICIES.—Section 301(b) (16

2 U.S.C. 1431) is amended—

3 (1) in paragraph (1) by inserting before the

4 semicolon at the end the following: ‘‘, and to manage

5 these areas as the National Marine Sanctuary Sys6 tem’’; and

7 (2) in paragraph (4) by inserting before the

8 semicolon at the end the following: ‘‘and of the nat9 ural, historical, cultural, and archaeological re10 sources of the National Marine Sanctuary System’’.

11 SEC. 103. DEFINITIONS.

12 Section 302 (16 U.S.C. 1432) is amended as follows:

13 (1) Paragraph (2) is amended by striking

14 ‘‘Magnuson Fishery’’ and inserting ‘‘Magnuson-Ste15 vens Fishery’’;

16 (2) Paragraph (6) is amended by striking

17 ‘‘and’’ after the semicolon at the end of subpara18 graph (B), and by adding after subparagraph (C)

19 the following:

20 ‘‘(D) the cost of curation and conservation

21 of archaeological, historical, and cultural sanc22 tuary resources; and

23 ‘‘(E) the cost of enforcement actions un24 dertaken by the Secretary for the destruction or

25 loss of, or injury to, a sanctuary resource;’’.
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1 (3) Paragraph (7) is amended by inserting ‘‘,

2 including costs related to seizure, forfeiture, storage,

3 or disposal arising from liability under section 312’’

4 after ‘‘injury’’ the second place it appears.

5 (4) In paragraph (8) by inserting ‘‘cultural, ar6 chaeological,’’ after ‘‘educational,’’.

7 (5) In paragraph (9) by striking ‘‘Fishery Con8 servation and Management’’.

9 (6) By striking ‘‘and’’ after the semicolon at

10 the end of paragraph (8), by striking the period at

11 the end of paragraph (9) and inserting a semicolon,

12 and by adding at the end the following:

13 ‘‘(10) ‘person’ means any individual (whether or

14 not a citizen or national of the United States), any

15 corporation, partnership, association, or other entity

16 (whether or not organized or existing under the laws

17 of any State), and any Federal, State, local, or for18 eign government or any entity of any such govern19 ment; and

20 ‘‘(11) ‘System’ means the National Marine

21 Sanctuary System established by section 303.’’.
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1 SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANC2 TUARY SYSTEM; SANCTUARY DESIGNATION

3 STANDARDS.

4 (a) ESTABLISHMENT OF NATIONAL MARINE SANC5 TUARY SYSTEM.—Section 303 (16 U.S.C. 1433(a)) is

6 amended by striking the heading for the section and all

7 that follows through ‘‘(a) STANDARDS.—’’ and inserting

8 before the remaining matter of subsection (a) the fol9 lowing:

10 ‘‘SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

11 ‘‘(a) ESTABLISHMENT OF SYSTEM; SANCTUARY DES12 IGNATION STANDARDS.—There is established the National

13 Marine Sanctuary System, which shall consist of national

14 marine sanctuaries designated by the Secretary in accord15 ance with this title.’’.

16 (b) SANCTUARY DESIGNATION STANDARDS.—Section

17 303(b)(1) (16 U.S.C. 1433(b)(1)) is amended by striking

18 ‘‘and’’ at the end of subparagraph (H), by striking the

19 period at the end of subparagraph (I) and inserting a

20 semicolon, and by adding at the end the following:

21 ‘‘(J) the area’s value as a site for marine

22 resources monitoring and assessment activities;

23 and

24 ‘‘(K) the value of the area as an addition

25 to the System.’’.
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1 (c) REPEAL.—Section 303(b)(3) (16 U.S.C.

2 1433)(3))is repealed.

3 SEC. 105. PROCEDURES FOR SANCTUARY DESIGNATION

4 AND IMPLEMENTATION.

5 (a) SUBMISSION OF NOTICE OF PROPOSED DESIGNA6 TION TO CONGRESS.—Section 304(a)(1)(C) (16 U.S.C.

7 1434(a)(1)(C)) is amended to read as follows:

8 ‘‘(C) no later than the day on which the

9 notice required under subparagraph (A) is sub10 mitted to Office of the Federal Register, the

11 Secretary shall submit a copy of that notice and

12 the draft sanctuary designation documents pre13 pared pursuant to section 304(a)(2), including

14 an executive summary, to the Committee on Re15 sources of the House of Representatives, the

16 Committee on Commerce, Science, and Trans17 portation of the Senate, and the Governor of

18 each State in which any part of the proposed

19 sanctuary would be located.’’.

20 (b) SANCTUARY DESIGNATION DOCUMENTS.—

21 (1) IN GENERAL.—Section 304(a)(2) (16

22 U.S.C. 1434(a)(2)) is amended to read as follows:

23 ‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—

24 The Secretary shall prepare and make available to
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1 the public sanctuary designation documents on the

2 proposal that include the following:

3 ‘‘(A) A draft environmental impact state4 ment pursuant to the National Environmental

5 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

6 ‘‘(B)(i) A resource assessment report docu7 menting present and potential uses of the area

8 proposed to be designated as a national marine

9 sanctuary, including commercial and rec10 reational fishing, research and education, min11 erals and energy development, subsistence uses,

12 and other commercial, governmental, or rec13 reational uses.

14 ‘‘(ii) The Secretary, in consultation with

15 the Secretary of the Interior, shall draft and in16 clude in the report a resource assessment sec17 tion regarding any commercial, governmental,

18 or recreational resource uses in the area under

19 consideration that are subject to the primary

20 jurisdiction of the Department of the Interior.

21 ‘‘(iii) The Secretary, in consultation with

22 the Secretary of Defense, the Secretary of En23 ergy, and the Administrator, shall draft and in24 clude in the report a resource assessment sec25 tion that includes any information on past,
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1 present, or proposed future disposal or dis2 charge of materials in the vicinity of the area

3 proposed to be designated as a national marine

4 sanctuary. Public disclosure by the Secretary of

5 such information shall be consistent with na6 tional security regulations.

7 ‘‘(C) A draft management plan for the pro8 posed national marine sanctuary that includes

9 the following:

10 ‘‘(i) The terms of the proposed des11 ignation.

12 ‘‘(ii) Proposed mechanisms to coordi13 nate existing regulatory and management

14 authorities within the proposed sanctuary.

15 ‘‘(iii) The proposed goals and objec16 tives, management responsibilities, re17 source studies, and appropriate strategies

18 for managing sanctuary resources of the

19 proposed sanctuary, including interpreta20 tion and education, research, monitoring

21 and assessment, resource protection, res22 toration, enforcement, and surveillance ac23 tivities.

24 ‘‘(iv) An evaluation of the advantages

25 of cooperative State and Federal manage-
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1 ment if all or part of the proposed sanc2 tuary is within the territorial limits of any

3 State or is superjacent to the subsoil and

4 seabed within the seaward boundary of a

5 State, as that boundary is established

6 under the Submerged Lands Act (43

7 U.S.C. 1301 et seq.).

8 ‘‘(v) The proposed regulations re9 ferred to in paragraph (1)(A).

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

11 proposed sanctuary.

12 ‘‘(E) The basis of the findings made under

13 section 303(a)(2) with respect to the area.

14 ‘‘(F) An assessment of the considerations

15 under section 303(b)(1).

16 ‘‘(G) An estimate of the annual cost to the

17 Federal Government of the proposed designa18 tion, including costs of personnel, equipment

19 and facilities, enforcement, research, and public

20 education.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 302(1) (16 U.S.C. 1432(1)) is amended by striking

23 ‘‘304(a)(1)(C)(v)’’ and inserting ‘‘304(a)(2)(C)’’.
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1 (c) TERMS OF DESIGNATION.—Section 304(a)(4) (16

2 U.S.C. 1434(a)(4)) is amended in the first sentence by

3 inserting ‘‘cultural, archaeological,’’ after ‘‘educational,’’.

4 (d) WITHDRAWAL OF DESIGNATION.—Section

5 304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting

6 ‘‘or System’’ after ‘‘sanctuary’’ the second place it ap7 pears.

8 (e) FEDERAL AGENCY ACTIONS AFFECTING SANC9 TUARY RESOURCES.—Section 304(d) (16 U.S.C. 1434(d))

10 is amended by adding at the end the following:

11 ‘‘(4) FAILURE TO FOLLOW ALTERNATIVE.—If

12 the head of a Federal agency takes an action other

13 than an alternative recommended by the Secretary

14 and such action results in the destruction or loss of

15 or injury to a sanctuary resource, the head of the

16 agency shall promptly prevent and mitigate further

17 damage and restore or replace the sanctuary re18 source in a manner approved by the Secretary.’’.

19 (f) LIMITATION ON DESIGNATION OF NEW SANC20 TUARIES.—Section 304 (16 U.S.C. 1434) is amended by

21 adding at the end the following:

22 ‘‘(f) LIMITATION ON DESIGNATION OF NEW SANC23 TUARIES.—

24 ‘‘(1) FUNDING REQUIRED.—The Secretary may

25 not prepare any sanctuary designation documents
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1 for a proposed designation of a national marine

2 sanctuary, unless the Secretary has published a find3 ing that—

4 ‘‘(A) the addition of a new sanctuary will

5 not have a negative impact on the System; and

6 ‘‘(B) sufficient resources were available in

7 the fiscal year in which the finding is made

8 to—

9 ‘‘(i) effectively implement sanctuary

10 management plans for each sanctuary in

11 the System; and

12 ‘‘(ii) complete site characterization

13 studies and inventory known sanctuary re14 sources, including cultural resources, for

15 each sanctuary in the System within 10

16 years after the date that the finding is

17 made if the resources available for those

18 activities are maintained at the same level

19 for each fiscal year in that 10-year period.

20 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph

21 (1) does not apply to any sanctuary designation doc22 uments for a Thunder Bay National Marine Sanc23 tuary.’’.

24 SEC. 106. PROHIBITED ACTIVITIES.

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

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

3 (2) in paragraph (2) by inserting ‘‘offer for

4 sale, purchase, import, export,’’ after ‘‘sell,’’; and

5 (3) by amending paragraph (3) to read as fol6 lows:

7 ‘‘(3) interfere with the enforcement of this title

8 by—

9 ‘‘(A) refusing to permit any officer author10 ized to enforce this title to board a vessel sub11 ject to such person’s control for the purposes of

12 conducting any search or inspection in connec13 tion with the enforcement of this title;

14 ‘‘(B) forcibly assaulting, resisting, oppos15 ing, impeding, intimidating, or interfering with

16 any person authorized by the Secretary to im17 plement this title or any such authorized officer

18 in the conduct of any search or inspection per19 formed under this title; or

20 ‘‘(C) knowingly and willfully submitting

21 false information to the Secretary or any officer

22 authorized to enforce this title in connection

23 with any search or inspection conducted under

24 this title; or’’.
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1 SEC. 107. ENFORCEMENT.

2 (a) POWERS OF AUTHORIZED OFFICERS TO AR3 REST.—Section 307(b) (16 U.S.C. 1437(b)) is amended

4 by striking ‘‘and’’ after the semicolon at the end of para5 graph (4), by striking the period at the end of paragraph

6 (5) and inserting ‘‘; and’’, and by adding at the end the

7 following:

8 ‘‘(6) arrest any person, if there is reasonable

9 cause to believe that such person has committed an

10 act prohibited by section 306(3).’’.

11 (b) CRIMINAL OFFENSES.—Section 307 (16 U.S.C.

12 1437) is amended by redesignating subsections (c)

13 through (j) in order as subsections (d) through (k), and

14 by inserting after subsection (b) the following:

15 ‘‘(c) CRIMINAL OFFENSES.—

16 ‘‘(1) OFFENSES.—A person is guilty of an of17 fense under this subsection if the person commits

18 any act prohibited by section 306(3).

19 ‘‘(2) PUNISHMENT.—Any person that is guilty

20 of an offense under this subsection—

21 ‘‘(A) except as provided in subparagraph

22 (B), shall be fined under title 18, United States

23 Code, imprisoned for not more than 6 months,

24 or both; or

25 ‘‘(B) in the case a person who in the com26 mission of such an offense uses a dangerous
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1 weapon, engages in conduct that causes bodily

2 injury to any person authorized to enforce this

3 title or any person authorized to implement the

4 provisions of this title, or places any such per5 son in fear of imminent bodily injury, shall be

6 fined under title 18, United States Code, im7 prisoned for not more than 10 years, or both.’’.

8 (c) SUBPOENAS OF ELECTRONIC FILES.—Subsection

9 (g) of section 307 (16 U.S.C. 1437), as redesignated by

10 this section, is amended by inserting ‘‘electronic files,’’

11 after ‘‘books,’’.

12 SEC. 108. RESEARCH, MONITORING, AND EDUCATION.

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

14 follows:

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

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

17 support, and coordinate research, monitoring, and edu18 cation programs consistent with subsections (b) and (c)

19 and the purposes and policies of this title.

20 ‘‘(b) RESEARCH AND MONITORING.—

21 ‘‘(1) IN GENERAL.—The Secretary may—

22 ‘‘(A) support, promote, and coordinate re23 search on, and long-term monitoring of, sanc24 tuary resources and natural processes that

25 occur in national marine sanctuaries, including
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1 exploration, mapping, and environmental and

2 socioeconomic assessment;

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

4 degraded habitats or restore damaged, injured,

5 or lost sanctuary resources; and

6 ‘‘(C) support, promote, and coordinate re7 search on the cultural, archaeological, and his8 torical resources of national marine sanctuaries.

9 ‘‘(2) AVAILABILITY OF RESULTS.—The results

10 of research and monitoring conducted or supported

11 by the Secretary under this subsection shall be made

12 available to the public.

13 ‘‘(c) EDUCATION.—

14 ‘‘(1) IN GENERAL.—The Secretary may sup15 port, promote, and coordinate efforts to enhance

16 public awareness, understanding, and appreciation of

17 national marine sanctuaries. Efforts supported, pro18 moted, or coordinated under this subsection must

19 emphasize the conservation goals and public uses of

20 national marine sanctuaries.

21 ‘‘(2) EDUCATIONAL ACTIVITIES.—Activities

22 under this subsection may include education of the

23 general public, teachers, students, national marine

24 sanctuary users, and ocean and coastal resource

25 managers.
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1 ‘‘(d) INTERPRETIVE FACILITIES.—

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

3 interpretive facilities near any national marine sanc4 tuary.

5 ‘‘(2) FACILITY REQUIREMENT.—Any facility de6 veloped under this subsection must emphasize the

7 conservation goals and public uses of national ma8 rine sanctuaries by providing the public with infor9 mation about the natural, biological, ecological, and

10 social functions and values of the national marine

11 sanctuary, including its public uses.

12 ‘‘(e) CONSULTATION AND COORDINATION.—In con13 ducting, supporting, and coordinating research, moni14 toring, and education programs under subsection (a) and

15 developing interpretive facilities under subsection (d), the

16 Secretary may consult or coordinate with Federal agen17 cies, States, local governments, regional agencies, or other

18 persons, including the National Estuarine Reserve Sys19 tem.’’.

20 SEC. 109. SPECIAL USE PERMITS.

21 Section 310 (16 U.S.C. 1441) is amended—

22 (1) in subsection (b)(4), by inserting ‘‘, or post

23 an equivalent bond,’’ after ‘‘general liability insur24 ance’’;
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1 (2) by amending subsection (c)(2)(C) to read as

2 follows:

3 ‘‘(C) an amount that represents the fair

4 market value of the use of the sanctuary re5 sources.’’;

6 (3) in subsection (c)(3)(B), by striking ‘‘desig7 nating and’’;

8 (4) in subsection (c) by inserting after para9 graph (3) the following:

10 ‘‘(4) WAIVER OR REDUCTION OF FEES.—The

11 Secretary may accept in-kind contributions in lieu of

12 a fee under paragraph (2)(C), or waive or reduce

13 any fee assessed under this subsection for any activ14 ity that does not derive profit from the use of sanc15 tuary resources.’’; and

16 (5) by amending subsection (e) to read as fol17 lows:

18 ‘‘(e) NOTICE.—The Secretary shall provide public no19 tice of any determination that a category of activity may

20 require a special use permit under this section.’’.

21 SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.

22 (a) AGREEMENTS AND GRANTS.—Section 311(a) (16

23 U.S.C. 1442(a)) is amended to read as follows:

24 ‘‘(a) AGREEMENTS AND GRANTS.—The Secretary

25 may enter into cooperative agreements, contracts, or other
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1 agreements with, or make grants to, States, local govern2 ments, regional agencies, interstate agencies, or other per3 sons to carry out the purposes and policies of this title.’’.

4 (b) USE OF RESOURCES FROM OTHER GOVERNMENT

5 AGENCIES.—Section 311 (16 U.S.C. 1442) is amended by

6 adding at the end the following:

7 ‘‘(e) USE OF RESOURCES OF OTHER GOVERNMENT

8 AGENCIES.—The Secretary may, whenever appropriate,

9 enter into an agreement with a State or other Federal

10 agency to use the personnel, services or facilities of such

11 agency on a reimbursable or non-reimbursable basis, to

12 assist in carrying out the purposes and policies of this

13 title.

14 ‘‘(f) AUTHORITY TO OBTAIN GRANTS.—Notwith15 standing any other provision of law that prohibits a Fed16 eral agency from receiving assistance, the Secretary may

17 apply for, accept, and use grants from other Federal agen18 cies, States, local governments, regional agencies, inter19 state agencies, foundations, or other persons, to carry out

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

21 SEC. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANC22 TUARY RESOURCES.

23 (a) VENUE FOR CIVIL ACTIONS.—Section 312(c) (16

24 U.S.C. 1443(c)) is amended—

25 (1) by inserting ‘‘(1)’’ before the first sentence;
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1 (2) in paragraph (1) (as so designated) in the

2 first sentence by striking ‘‘in the United States dis3 trict court for the appropriate district’’; and

4 (3) by adding at the end the following:

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

6 in the United States district court for any district in

7 which—

8 ‘‘(A) the defendant is located, resides, or is

9 doing business, in the case of an action against a

10 person;

11 ‘‘(B) the vessel is located, in the case of an ac12 tion against a vessel; or

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

14 sanctuary resource occurred.’’.

15 (b) USE OF RECOVERED AMOUNTS.—Section 312(d)

16 (16 U.S.C. 1443(d)) is amended by striking paragraphs

17 (1) and (2) and inserting the following:

18 ‘‘(1) RESPONSE COSTS.—Amounts recovered by

19 the United States for costs of response actions and

20 damage assessments under this section shall be

21 used, as the Secretary considers appropriate—

22 ‘‘(A) to reimburse the Secretary or any

23 other Federal or State agency that conducted

24 those activities; and
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1 ‘‘(B) after reimbursement of such costs, to

2 restore, replace, or acquire the equivalent of

3 any sanctuary resource.

4 ‘‘(2) OTHER AMOUNTS.—All other amounts re5 covered shall be used, in order of priority—

6 ‘‘(A) to restore, replace, or acquire the

7 equivalent of the sanctuary resources that were

8 the subject of the action, including for costs of

9 monitoring and the costs of curation and con10 servation of archaeological, historical, and cul11 tural sanctuary resources;

12 ‘‘(B) to restore degraded sanctuary re13 sources of the national marine sanctuary that

14 was the subject of the action, giving priority to

15 sanctuary resources and habitats that are com16 parable to the sanctuary resources that were

17 the subject of the action; and

18 ‘‘(C) to restore degraded sanctuary re19 sources of other national marine sanctuaries.’’.

20 (c) STATUTE OF LIMITATIONS.—Section 312 (16

21 U.S.C. 1443) is amended by adding at the end the fol22 lowing:

23 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re24 sponse costs or damages under subsection (c) shall be

25 barred unless the complaint is filed within 3 years after
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1 the date on which the Secretary completes a damage as2 sessment and restoration plan for the sanctuary resources

3 to which the action relates.’’.

4 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

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

6 follows:

7 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to the

9 Secretary—

10 ‘‘(1) to carry out this title, $26,000,000 for

11 each of fiscal years 2000, 2001, 2002, 2003, and

12 2004; and

13 ‘‘(2) for construction projects at national ma14 rine sanctuaries, $3,000,000 for each of fiscal years

15 2000, 2001, 2002, 2003, and 2004.’’.

16 SEC. 113. ADVISORY COUNCILS.

17 Section 315(a) (16 U.S.C. 1445a(a)) is amended by

18 striking ‘‘provide assistance to’’ and inserting ‘‘advise’’.

19 SEC. 114. USE OF NATIONAL MARINE SANCTUARY PRO20 GRAM SYMBOLS.

21 Section 316 (16 U.S.C. 1445b) is amended—

22 (1) in subsection (a)(4) by striking ‘‘use of any

23 symbol published under paragraph (1)’’ and insert24 ing ‘‘manufacture, reproduction, or other use of any
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1 symbol published under paragraph (1), including the

2 sale of items bearing such a symbol,’’;

3 (2) by amending subsection (e)(3) to read as

4 follows:

5 ‘‘(3) to manufacture, reproduce, or otherwise

6 use any symbol adopted by the Secretary under sub7 section (a)(1), including to sell any item bearing

8 such a symbol, unless authorized by the Secretary

9 under subsection (a)(4) or subsection (f); or’’; and

10 (3) by adding at the end the following:

11 ‘‘(f) COLLABORATIONS.—The Secretary may author12 ize the use of a symbol adopted by the Secretary under

13 subsection (a)(1) by any person engaged in a collaborative

14 effort with the Secretary to carry out the purposes and

15 policies of this title and to benefit a national marine sanc16 tuary or the System.’’.

17 SEC. 115. CLERICAL AMENDMENTS.

18 (a) CORRECTION OF REFERENCES TO FORMER COM19 MITTEE.—The following provisions are amended by strik20 ing ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Re21 sources’’:

22 (1) Section 303(b)(2)(A) (16 U.S.C. 6

23 1433(b)(2)(A)).

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

25 (3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
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1 (b) CORRECTION OF REFERENCE TO RENAMED

2 ACT.—Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is

3 amended by striking ‘‘Fishery Conservation and Manage4 ment’’.

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

6 1443(a)(1)) is amended by striking ‘‘UNITED STATES’’

7 and inserting ‘‘UNITED STATES’’.

8 TITLE II—NATIONAL ESTUARINE

9 RESERVES

10 SEC. 201. POLICIES.

11 (a) DECLARATION OF POLICY.—Section 303 of the

12 Coastal Zone Management Act of 1972 (16 U.S.C. 1452)

13 is amended by striking ‘‘and’’ after the semicolon in para14 graph (5), by striking the period at the end of paragraph

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

16 the following:

17 ‘‘(7) to use Federal, State, and community

18 partnerships developed through the system estab19 lished by section 315 to improve the understanding,

20 stewardship, and management of coastal areas; and

21 ‘‘(8) to encourage the development, application,

22 and transfer to local, State, and Federal resources

23 managers of innovative coastal and estuarine re24 sources management technologies and techniques
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1 that promote the long-term conservation of coastal

2 and estuarine resources.’’.

3 SEC. 202. NATIONAL ESTUARINE RESERVE SYSTEM.

4 Section 315 of such Act (16 U.S.C. 1461(b)) is

5 amended to read as follows:

6 ‘‘NATIONAL ESTUARINE RESERVE SYSTEM

7 ‘‘SEC. 315. (a) ESTABLISHMENT OF THE SYSTEM.—

8 (1) There is established the National Estuarine Reserve

9 System. The System shall consist of—

10 ‘‘(A) each estuarine sanctuary designated under

11 this section as in effect before the date of the enact12 ment of the Coastal Zone Management Reauthoriza13 tion Act of 1985; and

14 ‘‘(B) each estuarine area designated as a na15 tional estuarine reserve under subsection (b).

16 ‘‘(2) The purpose of the System and of each national

17 estuarine reserve is to improve the understanding, stew18 ardship, and management of estuarine and coastal areas

19 through a network of areas protected by Federal, State,

20 and community partnerships that promotes informed man21 agement of such areas through integrated programs in re22 source stewardship, education and training, and scientific

23 understanding.

24 ‘‘(3) Each estuarine sanctuary referred to in para25 graph (1)(A) is hereby designated as a national estuarine

26 reserve.
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1 ‘‘(b) DESIGNATION OF NATIONAL ESTUARINE RE2 SERVES.—The Secretary may designate an estuarine area

3 as a national estuarine reserve if—

4 ‘‘(1) the Government of the coastal state in

5 which the area is located nominates the area for that

6 designation; and

7 ‘‘(2) the Secretary finds that—

8 ‘‘(A) the estuarine area is a representative

9 estuarine ecosystem that is suitable for long10 term research and contributes to the biogeo11 graphical and typological balance of the System;

12 ‘‘(B) the law of the coastal state provides

13 long-term protection for reserve resources to en14 sure a stable environment for research, edu15 cation, and resource stewardship;

16 ‘‘(C) designation of the area as a reserve

17 will serve to enhance public awareness and un18 derstanding of estuarine areas, and provide

19 suitable opportunities for education, interpreta20 tion, training, and demonstration projects to

21 improve coastal management; and

22 ‘‘(D) the coastal state in which the area is

23 located has complied with the requirements of

24 any regulations issued by the Secretary to im25 plement this section.
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1 ‘‘(c) ESTUARINE RESEARCH, EDUCATION, AND RE2 SOURCE STEWARDSHIP GUIDELINES.—(1) The Secretary

3 shall develop guidelines for the conduct of research, edu4 cation, and resource stewardship within the System that

5 shall include—

6 ‘‘(A) a mechanism for identifying, and estab7 lishing priorities among, the coastal management

8 issues that should be addressed through coordinated

9 research, education, and resource stewardship within

10 the System;

11 ‘‘(B) the establishment of common principles

12 and objectives to guide the development of research,

13 education, and resource stewardship programs with14 in the Systems;

15 ‘‘(C) the identification of uniform research

16 methodologies which will ensure comparability of

17 data, the broadest application of research results,

18 and the maximum use of the System for research

19 purposes;

20 ‘‘(D) the establishment of performance stand21 ards upon which the effectiveness of the research,

22 education, and resource stewardship efforts and the

23 value of reserves within the System in addressing

24 the coastal management issues identified in subpara25 graph (A) may be measured; and
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1 ‘‘(E) the consideration of sources of funds for

2 estuarine research, education, and resource steward3 ship in addition to the funds authorized under this

4 Act, and strategies for encouraging the use of such

5 funds within the System, with particular emphasis

6 on mechanisms established under subsection (d).

7 ‘‘(2) In developing the guidelines under this section,

8 the Secretary shall consult with prominent members of the

9 estuarine research, education, and resource stewardship

10 community.

11 ‘‘(d) PROMOTION AND COORDINATION OF ESTUA12 RINE RESEARCH, EDUCATION, AND RESOURCE STEWARD13 SHIP.—(1) The Secretary shall take such actions as are

14 necessary to promote and coordinate the use of the System

15 for research, education, and resource stewardship pur16 poses.

17 ‘‘(2) Actions under this subsection shall include the

18 following:

19 ‘‘(A) Requiring that research, education, and

20 resource stewardship activities administered or sup21 ported by the Secretary and relating to estuaries

22 give priority consideration to activities that use the

23 System.

24 ‘‘(B) Consulting with other Federal and State

25 agencies to promote use of one or more reserves
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1 within the System by such agencies when conducting

2 estuarine research, education, and resource steward3 ship activities.

4 ‘‘(C) Establishing partnerships with other Fed5 eral and State estuarine management programs to

6 coordinate and collaborate on estuarine research,

7 education, and resource stewardship.

8 ‘‘(e) FINANCIAL ASSISTANCE.—(1) The Secretary

9 may, in accordance with such rules and regulations as the

10 Secretary shall promulgate, make grants—

11 ‘‘(A) to a coastal state—

12 ‘‘(i) for purposes of acquiring such lands

13 and waters, and any property interests therein,

14 as are necessary to ensure the appropriate long15 term management of an area as a national es16 tuarine reserve;

17 ‘‘(ii) for purposes of operating or man18 aging a national estuarine reserve and con19 structing appropriate reserve facilities; or

20 ‘‘(iii) for purposes of conducting edu21 cational or interpretive activities; and

22 ‘‘(B) to any coastal state or public or private

23 person for purposes of supporting research and mon24 itoring within a national estuarine reserve that are
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1 consistent with the research guidelines developed

2 under subsection (c).

3 ‘‘(2) Financial assistance provided under paragraph

4 (1) shall be subject to such terms and conditions as the

5 Secretary considers necessary or appropriate to protect

6 the interests of the United States, including requiring

7 coastal states to execute suitable title documents setting

8 forth the property interest or interests of the United

9 States in any lands and waters acquired in whole or part

10 with such financial assistance.

11 ‘‘(3)(A) The amount of the financial assistance pro12 vided under paragraph (1)(A)(i) with respect to the acqui13 sition of lands and waters, or interests therein, for any

14 one national estuarine reserve may not exceed an amount

15 equal to 50 percent of the costs of the lands, waters, and

16 interests therein or $5,000,000, whichever amount is less.

17 ‘‘(B)(i) Except as provided in clause (ii), the amount

18 of the financial assistance provided under paragraph

19 (1)(A)(ii) and paragraph (1)(B) may not exceed 70 per20 cent of the costs incurred to achieve the purposes de21 scribed in those paragraphs with respect to a reserve.

22 ‘‘(ii) The amount of financial assistance provided for

23 education and interpretive activities under paragraph

24 (1)(A)(iii) or research and monitoring activities under

25 paragraph (1)(B) may be up to 100 percent of any costs
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1 for activities that service the System as a whole, including

2 System-wide monitoring equipment acquisition, data man3 agement, and data synthesis, and administration and syn4 thesis of System-wide research programs.

5 ‘‘(C) Notwithstanding subparagraphs (A) and (B), fi6 nancial assistance under this subsection provided from

7 amounts recovered as a result of damage to natural re8 sources located in the coastal zone may be used to pay

9 100 percent of the costs of activities carried out with the

10 assistance.

11 ‘‘(4)(A) The Secretary may—

12 ‘‘(i) enter into cooperative agreements or con13 tracts, with, or make grants to, any nonprofit orga14 nization established to benefit a national estuarine

15 reserve, authorizing the organization to solicit dona16 tions to carry out projects, other than general ad17 ministration of the reserve or the System, that are

18 consistent with the purpose of the reserve and the

19 System; and

20 ‘‘(ii) accept donations of funds and services for

21 use in carrying out projects, other than general ad22 ministration of a national estuarine reserve or the

23 System, that are consistent with the purpose of the

24 reserve and the System.
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1 ‘‘(B) Donations accepted under this paragraph shall

2 be considered as a gift or bequest to or for the use of

3 the United States for carrying out this section.

4 ‘‘(f) EVALUATION OF SYSTEM PERFORMANCE.—(1)

5 The Secretary shall periodically evaluate the operation and

6 management of each national estuarine reserve, including

7 coordination with State programs established under sec8 tion 306, education and interpretive activities, and the re9 search being conducted within the reserve.

10 ‘‘(2) If evaluation under paragraph (1) reveals that

11 the operation and management of the reserve is deficient,

12 or that the research, education, or resource stewardship

13 being conducted within the reserve is not consistent with

14 the guidelines developed under subsection (c), the Sec15 retary may suspend the eligibility of that reserve for finan16 cial assistance under subsection (e) until the deficiency or

17 inconsistency is remedied.

18 ‘‘(3) The Secretary may withdraw the designation of

19 an estuarine areas a national estuarine reserve if evalua20 tion under paragraph (1) reveals that—

21 ‘‘(A) the basis for any one or more of the find22 ings made under subsection (b)(2) regarding that

23 area no longer exists; or

24 ‘‘(B) a substantial portion of the research, edu25 cation, or resource stewardship conducted within the
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1 area, over a period of years, has not been consistent

2 with the guidelines developed under subsection (c).

3 ‘‘(g) REPORT.—The Secretary shall include in the re4 port required under section 316 information regarding—

5 ‘‘(1) new designations of national estuarine re6 serves;

7 ‘‘(2) any expansion of existing national estua8 rine reserves;

9 ‘‘(3) the status of the research, education, and

10 resource stewardship program being conducted with11 in the System; and

12 ‘‘(4) a summary of the evaluations made under

13 subsection (f).

14 ‘‘(h) DEFINITIONS.—In this section:

15 ‘‘(1) The term ‘estuarine area’ means an area

16 that—

17 ‘‘(A) is comprised of—

18 ‘‘(i) any part or all of an estuary; and

19 ‘‘(ii) any part or all of any island,

20 transitional area, and upland in, adjoining,

21 or adjacent to such estuary; and

22 ‘‘(B) constitutes, to the extent feasible, a

23 natural unit.

24 ‘‘(2) The term ‘System’ means the National Es25 tuarine Reserve System established by this section.’’.
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1 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

2 Section 318(a) of such Act (16 U.S.C. 1464(a)) is

3 amended by striking ‘‘and’’ after the semicolon at the end

4 of paragraph (1)(C), and by striking paragraph (2) and

5 inserting the following:

6 ‘‘(2) for grants under section 315—

7 ‘‘(A) $7,000,000 for fiscal year 2000;

8 ‘‘(B) $8,000,000 for fiscal year 2001;

9 ‘‘(C) $9,000,000 for fiscal year 2002;

10 ‘‘(D) $10,000,000 for fiscal year 2003;

11 and

12 ‘‘(E) $11,000,000 for fiscal year 2004; and

13 ‘‘(3) for grants for construction projects at na14 tional estuarine reserves designated under section

15 315 and land acquisition directly related to such

16 construction, $12,000,000 for each of fiscal years

17 2000, 2001, 2002, 2003, and 2004.’’.

18 SEC. 204. CONFORMING AMENDMENT.

19 Section 304(8) of such Act (16 U.S.C. 1453(8)) is

20 amended to read as follows:
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1 ‘‘(8) The term ‘national estuarine reserve’ means an

2 area that is designated as a national estuarine reserve

3 under section 315.’’.

Passed the House of Representatives September 21,

1999.

Attest: JEFF TRANDAHL,

Clerk.