106TH CONGRESS

2D SESSION S. 1482

AN ACT

To 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,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Marine Sanc5 tuaries Amendments Act of 2000’’.
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1 SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES

2 ACT.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment or repeal to, or repeal of, a section or

6 other provision, the reference shall be considered to be

7 made to a section or other provision of the National Ma8 rine Sanctuaries Act (16 U.S.C. 1431 et seq.).

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

10 ESTABLISHMENT OF SYSTEM.

11 (a) CLERICAL AMENDMENT.—The heading for sec12 tion 301 (16 U.S.C. 1431) is amended to read as follows:

13 ‘‘SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTAB14 LISHMENT OF SYSTEM.’’.

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

16 is amended—

17 (1) in paragraph (2) by striking ‘‘research, edu18 cational, or esthetic’’ and inserting ‘‘scientific, edu19 cational, cultural, archeological, or esthetic’’;

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

21 semicolon; and

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

23 inserting the following:

24 ‘‘(4) a Federal program which establishes areas

25 of the marine environment which have special con26 servation, recreational, ecological, historical, cultural,
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1 archeological, scientific, educational, or esthetic

2 qualities as national marine sanctuaries managed as

3 the National Marine Sanctuary System will—

4 ‘‘(A) improve the conservation, under5 standing, management, and wise and sustain6 able use of marine resources;

7 ‘‘(B) enhance public awareness, under8 standing, and appreciation of the marine envi9 ronment; and

10 ‘‘(C) maintain for future generations the

11 habitat, and ecological services, of the natural

12 assemblage of living resources that inhabit

13 these areas.’’.

14 (c) PURPOSES AND POLICIES.—Section 301(b) (16

15 U.S.C. 1431(b)) is amended—

16 (1) by striking ‘‘significance;’’ in paragraph (1)

17 and inserting ‘‘significance and to manage these

18 areas as the National Marine Sanctuary System;’’;

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

20 (3) by redesignating paragraphs (5) through

21 (8) as paragraphs (6) through (9), respectively;

22 (4) by inserting after paragraph (2) the fol23 lowing:

24 ‘‘(3) to maintain the natural biological commu25 nities in the national marine sanctuaries, and to pro-
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1 tect, and, where appropriate, restore and enhance

2 natural habitats, populations, and ecological proc3 esses;

4 ‘‘(4) to enhance public awareness, under5 standing, appreciation, and wise and sustainable use

6 of the marine environment, and the natural, histor7 ical, cultural, and archeological resources of the Na8 tional Marine Sanctuary System;

9 ‘‘(5) to support, promote, and coordinate sci10 entific research on, and long-term monitoring of, the

11 resources of these marine areas;’’;

12 (5) in paragraph (8), as redesignated, by strik13 ing ‘‘areas;’’ and inserting ‘‘areas, including the ap14 plication of innovative management techniques;

15 and’’; and

16 (6) in paragraph (9), as redesignated, by strik17 ing ‘‘; and’’ and inserting a period.

18 (d) ESTABLISHMENT OF SYSTEM.—Section 301 is

19 amended by adding at the end the following:

20 ‘‘(c) ESTABLISHMENT OF SYSTEM.—There is estab21 lished the National Marine Sanctuary System, which shall

22 consist of national marine sanctuaries designated by the

23 Secretary in accordance with this title.’’.
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1 SEC. 4. CHANGES IN DEFINITIONS.

2 (a) DAMAGES.—Paragraph (6) of section 302 (16

3 U.S.C. 1432) is amended—

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

5 end of subparagraph (B); and

6 (2) by adding after subparagraph (C) the fol7 lowing:

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

9 of archeological, historical, and cultural sanc10 tuary resources; and

11 ‘‘(E) the cost of enforcement actions un12 dertaken by the Secretary in response to the de13 struction or loss of, or injury to, a sanctuary re14 source;’’.

15 (b) RESPONSE COSTS.—Paragraph (7) of such sec16 tion is amended by inserting ‘‘, including costs related to

17 seizure, forfeiture, storage, or disposal arising from liabil18 ity under section 312’’ after ‘‘injury’’ the second place it

19 appears.

20 (c) SANCTUARY RESOURCE.—Paragraph (8) of such

21 section is amended by striking ‘‘research, educational,’’

22 and inserting ‘‘educational, cultural, archeological, sci23 entific,’’.

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

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

26 end of paragraph (8);
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1 (2) by striking the period at the end of para2 graph (9) and inserting ‘‘; and’’; and

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

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

5 Sanctuary System established by section 301.’’.

6 SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION

7 STANDARDS.

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

9 1433(a)(1)) is amended to read as follows:

10 ‘‘(1) determines that—

11 ‘‘(A) the designation will fulfill the pur12 poses and policies of this title;

13 ‘‘(B) the area is of special national signifi14 cance due to—

15 ‘‘(i) its conservation, recreational, eco16 logical, historical, scientific, cultural, ar17 cheological, educational, or esthetic quali18 ties;

19 ‘‘(ii) the communities of living marine

20 resources it harbors; or

21 ‘‘(iii) its resource or human-use val22 ues;

23 ‘‘(C) existing State and Federal authorities

24 are inadequate or should be supplemented to

25 ensure coordinated and comprehensive con-
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1 servation and management of the area, includ2 ing resource protection, scientific research, and

3 public education;

4 ‘‘(D) designation of the area as a national

5 marine sanctuary will facilitate the objectives in

6 subparagraph (C); and

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

8 will permit comprehensive and coordinated con9 servation and management; and’’.

10 (b) FACTORS; REPEAL OF REPORT REQUIREMENT.—

11 Section 303(b) (16 U.S.C. 1433(b)) is amended—

12 (1) in paragraph (1) by striking ‘‘and’’ at the

13 end of subparagraph (H), by striking the period at

14 the end of subparagraph (I) and inserting a semi15 colon, and by adding at the end the following:

16 ‘‘(J) the area’s scientific value and value

17 for monitoring the resources and natural proc18 esses that occur there;

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

20 employing innovative management approaches

21 to protect sanctuary resources or to manage

22 compatible uses; and

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

24 to the System.’’; and

25 (2) by striking paragraph (3).
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1 SEC. 6. CHANGES IN PROCEDURES FOR SANCTUARY DES2 IGNATION AND IMPLEMENTATION.

3 (a) SUBMISSION OF NOTICE OF PROPOSED DESIGNA4 TION TO CONGRESS.—Section 304(a)(1)(C) (16 U.S.C.

5 1434(a)(1)(C)) is amended to read as follows:

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

7 notice required under subparagraph (A) is sub8 mitted to Office of the Federal Register, the

9 Secretary shall submit a copy of that notice and

10 the draft sanctuary designation documents pre11 pared pursuant to section 304(a)(2), including

12 an executive summary, to the Committee on Re13 sources of the House of Representatives, the

14 Committee on Commerce, Science, and Trans15 portation of the Senate, and the Governor of

16 each State in which any part of the proposed

17 sanctuary would be located.’’.

18 (b) SANCTUARY DESIGNATION.—Section 304(a)(2)

19 (16 U.S.C. 1434(a)(2)) is amended to read as follows:

20 ‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—

21 The Secretary shall prepare and make available to

22 the public sanctuary designation documents on the

23 proposal that include the following:

24 ‘‘(A) A draft environmental impact state25 ment pursuant to the National Environmental

26 Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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1 ‘‘(B) A resource assessment that

2 documents—

3 ‘‘(i) present and potential uses of the

4 area, including commercial and rec5 reational fishing, research and education,

6 minerals and energy development, subsist7 ence uses, and other commercial, govern8 mental, or recreational uses;

9 ‘‘(ii) after consultation with the Sec10 retary of the Interior, any commercial, gov11 ernmental, or recreational resource uses in

12 the areas that are subject to the primary

13 jurisdiction of the Department of the Inte14 rior; and

15 ‘‘(iii) information prepared in con16 sultation with the Secretary of Defense,

17 the Secretary of Energy, and the Adminis18 trator of the Environmental Protection

19 Agency, on any past, present, or proposed

20 future disposal or discharge of materials in

21 the vicinity of the proposed sanctuary.

22 Public disclosure by the Secretary of such infor23 mation shall be consistent with national secu24 rity regulations.
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1 ‘‘(C) A draft management plan for the pro2 posed national marine sanctuary that includes

3 the following:

4 ‘‘(i) The terms of the proposed des5 ignation.

6 ‘‘(ii) Proposed mechanisms to coordi7 nate existing regulatory and management

8 authorities within the area.

9 ‘‘(iii) The proposed goals and objec10 tives, management responsibilities, re11 source studies, and appropriate strategies

12 for managing sanctuary resources of the

13 proposed sanctuary, including interpreta14 tion and education, innovative management

15 strategies, research, monitoring and as16 sessment, resource protection, restoration,

17 enforcement, and surveillance activities.

18 ‘‘(iv) An evaluation of the advantages

19 of cooperative State and Federal manage20 ment if all or part of the proposed sanc21 tuary is within the territorial limits of any

22 State or is superjacent to the subsoil and

23 seabed within the seaward boundary of a

24 State, as that boundary is established
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1 under the Submerged Lands Act (43

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

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

4 the Federal Government of the proposed

5 designation, including costs of personnel,

6 equipment and facilities, enforcement, re7 search, and public education.

8 ‘‘(vi) 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 for the findings made

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

14 ‘‘(F) An assessment of the considerations

15 under section 303(b)(1).’’.

16 (c) WITHDRAWAL OF DESIGNATION.—Section

17 304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting

18 ‘‘or System’’ after ‘‘sanctuary’’ the second place it ap19 pears.

20 (d) FEDERAL AGENCY ACTIONS AFFECTING SANC21 TUARY RESOURCES.—Section 304(d) (16 U.S.C.1434(d))

22 is amended by adding at the end the following:

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

24 the head of a Federal agency takes an action other

25 than an alternative recommended by the Secretary
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1 and such action results in the destruction of, loss of,

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

3 agency shall promptly prevent and mitigate further

4 damage and restore or replace the sanctuary re5 source in a manner approved by the Secretary.’’.

6 (e) EVALUATION OF PROGRESS IN IMPLEMENTING

7 MANAGEMENT STRATEGIES.—Section 304(e) (16 U.S.C.

8 1434(e)) is amended—

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

10 inserting ‘‘management techniques and strategies,’’;

11 and

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

13 review shall include a prioritization of management

14 objectives.’’.

15 (f) LIMITATION ON DESIGNATION OF NEW SANC16 TUARIES.—Section 304 (16 U.S.C. 1434) is amended by

17 adding at the end the following:

18 ‘‘(f) LIMITATION ON DESIGNATION OF NEW SANC19 TUARIES.—

20 ‘‘(1) FINDING REQUIRED.—The Secretary may

21 not publish in the Federal Register any sanctuary

22 designation notice or regulations proposing to des23 ignate a new sanctuary, unless the Secretary has

24 published a finding that—
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1 ‘‘(A) the addition of a new sanctuary will

2 not have a negative impact on the System; and

3 ‘‘(B) sufficient resources were available in

4 the fiscal year in which the finding is made

5 to—

6 ‘‘(i) effectively implement sanctuary

7 management plans for each sanctuary in

8 the System; and

9 ‘‘(ii) complete site characterization

10 studies and inventory known sanctuary re11 sources, including cultural resources, for

12 each sanctuary in the System within 10

13 years after the date that the finding is

14 made if the resources available for those

15 activities are maintained at the same level

16 for each fiscal year in that 10 year period.

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

18 submit the findings required by paragraph (1) before

19 February 1, 2004, the Secretary shall submit to the

20 Congress before October 1, 2004, a finding with re21 spect to whether the requirements of paragraph (2)

22 have been met by all existing sanctuaries.

23 ‘‘(3) LIMITATION ON APPLICATION.—Paragraph

24 (1) does not apply to any sanctuary designation doc25 uments for—
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1 ‘‘(A) a Thunder Bay National Marine

2 Sanctuary; or

3 ‘‘(B) a Northwestern Hawaiian Islands

4 National Marine Sanctuary.’’.

5 (g) NORTHWESTERN HAWAIIAN ISLANDS CORAL

6 REEF RESERVE.—

7 (1) PRESIDENTIAL DESIGNATION.—The Presi8 dent, after consultation with the Governor of the

9 State of Hawaii, may designate any Northwestern

10 Hawaiian Islands coral reef or coral reef ecosystem

11 as a coral reef reserve to be managed by the Sec12 retary of Commerce.

13 (2) SECRETARIAL ACTION.—Upon the designa14 tion of a reserve under paragraph (1) by the Presi15 dent, the Secretary shall—

16 (A) take action to initiate the designation

17 of the reserve as a National Marine Sanctuary

18 under sections 303 and 304 of the National

19 Marine Sanctuaries Act (16 U.S.C. 1433);

20 (B) establish a Northwestern Hawaiian Is21 lands Reserve Advisory Council under section

22 315 of that Act (16 U.S.C. 1445a), the mem23 bership of which shall include at least 1 rep24 resentative from Native Hawaiian groups; and
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1 (C) until the reserve is designated as a Na2 tional Marine Sanctuary, manage the reserve in

3 a manner consistent with the purposes and poli4 cies of that Act.

5 (3) PUBLIC COMMENT.—Notwithstanding any

6 other provision of law, no closure areas around the

7 Northwestern Hawaiian Islands shall become perma8 nent without adequate review and comment.

9 (4) COORDINATION.—The Secretary shall work

10 with other Federal agencies and the Director of the

11 National Science Foundation, to develop a coordi12 nated plan to make vessels and other resources

13 available for conservation or research activities for

14 the reserve.

15 (5) REVIEW.—If the Secretary has not des16 ignated a national marine sanctuary in the North17 western Hawaiian Islands under sections 303 and

18 304 of the National Marine Sanctuaries Act (16

19 U.S.C. 1433, 1434) before October 1, 2005, the Sec20 retary shall conduct a review of the management of

21 the reserve under section 304(e) of that Act (16

22 U.S.C. 1434(e)).

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

24 date of enactment of this Act, the Secretary shall

25 submit a report to the Senate Committee on Com-
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1 merce, Science, and Transportation and the House

2 of Representatives Committee on Resources, describ3 ing actions taken to implement this subsection, in4 cluding costs of monitoring, enforcing, and address5 ing marine debris, and the extent to which the fiscal

6 or other resources necessary to carry out this sub7 section are reflected in the Budget of the United

8 States Government submitted by the President

9 under section 1104 of title 31, United States Code.

10 (7) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated to the Sec12 retary of Commerce to carry out the provisions of

13 this subsection such sums, not exceeding $4,000,000

14 for each of fiscal years 2001, 2002, 2003, 2004, and

15 2005, as are reported under paragraph (6) to be re16 flected in the Budget of the United States Govern17 ment.

18 SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

19 Section 306 (16 U.S.C. 1436) is amended—

20 (1) in the matter preceding paragraph (1) by

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

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

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

24 (3) by amending paragraph (3) to read as fol25 lows:
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1 ‘‘(3) interfere with the enforcement of this title

2 by—

3 ‘‘(A) refusing to permit any officer author4 ized to enforce this title to board a vessel, other

5 than a vessel operated by the Department of

6 Defense or United States Coast Guard, subject

7 to such person’s control for the purposes of

8 conducting any search or inspection in connec9 tion with the enforcement of this title;

10 ‘‘(B) resisting, opposing, impeding, intimi11 dating, harassing, bribing, interfering with, or

12 forcibly assaulting any person authorized by the

13 Secretary to implement this title or any such

14 authorized officer in the conduct of any search

15 or inspection performed under this title; or

16 ‘‘(C) knowingly and willfully submitting

17 false information to the Secretary or any officer

18 authorized to enforce this title in connection

19 with any search or inspection conducted under

20 this title; or’’.

21 SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

22 (a) POWERS OF AUTHORIZED OFFICERS TO AR23 REST.—Section 307(b) (16 U.S.C. 1437(b)) is amended

24 by striking ‘‘and’’ after the semicolon at the end of para25 graph (4), by striking the period at the end of paragraph
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1 (5) and inserting ‘‘; and’’, and by adding at the end the

2 following:

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

4 cause to believe that such person has committed an

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

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

7 1437) is amended by redesignating subsections (c)

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

9 by inserting after subsection (b) the following:

10 ‘‘(c) CRIMINAL OFFENSES.—

11 ‘‘(1) OFFENSES.—A person is guilty of an of12 fense under this subsection if the person commits

13 any act prohibited by section 306(3).

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

15 of an offense under this subsection—

16 ‘‘(A) except as provided in subparagraph

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

18 Code, imprisoned for not more than 6 months,

19 or both; or

20 ‘‘(B) in the case of a person who in the

21 commission of such an offense uses a dangerous

22 weapon, engages in conduct that causes bodily

23 injury to any person authorized to enforce this

24 title or any person authorized to implement the

25 provisions of this title, or places any such per-
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1 son in fear of imminent bodily injury, shall be

2 fined under title 18, United States Code, im3 prisoned for not more than 10 years, or both.’’.

4 (c) SUBPOENAS OF ELECTRONIC FILES.—Subsection

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

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

7 after ‘‘books,’’.

8 (d) NATIONWIDE SERVICE OF PROCESS.—Section

9 307 (16 U.S.C. 1437) is amended by adding at the end

10 the following:

11 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac12 tion by the United States under this title, process may

13 be served in any district where the defendant is found,

14 resides, transacts business, or has appointed an agent for

15 the service of process.’’.

16 SEC. 9. ADDITIONAL REGULATIONS AUTHORITY.

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

18 follows:

19 ‘‘SEC. 308. REGULATIONS.

20 ‘‘The Secretary may issue such regulations as may

21 be necessary to carry out this title.’’.

22 SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDU23 CATION PROVISIONS.

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

25 follows:
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1 ‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

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

3 support, or coordinate research, monitoring, evaluation,

4 and education programs consistent with subsections (b)

5 and (c) and the purposes and policies of this title.

6 ‘‘(b) RESEARCH AND MONITORING.—

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

8 ‘‘(A) support, promote, and coordinate re9 search on, and long-term monitoring of, sanc10 tuary resources and natural processes that

11 occur in national marine sanctuaries, including

12 exploration, mapping, and environmental and

13 socioeconomic assessment;

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

15 degraded habitats or restore damaged, injured,

16 or lost sanctuary resources; and

17 ‘‘(C) support, promote, and coordinate re18 search on, and the conservation, curation, and

19 public display of, the cultural, archeological,

20 and historical resources of national marine

21 sanctuaries.

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

23 of research and monitoring conducted, supported, or

24 permitted by the Secretary under this subsection

25 shall be made available to the public.

26 ‘‘(c) EDUCATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary may sup2 port, promote, and coordinate efforts to enhance

3 public awareness, understanding, and appreciation of

4 national marine sanctuaries and the System. Efforts

5 supported, promoted, or coordinated under this sub6 section must emphasize the conservation goals and

7 sustainable public uses of national marine sanc8 tuaries and the System.

9 ‘‘(2) EDUCATIONAL ACTIVITIES.—Activities

10 under this subsection may include education of the

11 general public, teachers, students, national marine

12 sanctuary users, and ocean and coastal resource

13 managers.

14 ‘‘(d) INTERPRETIVE FACILITIES.—

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

16 interpretive facilities near any national marine sanc17 tuary.

18 ‘‘(2) FACILITY REQUIREMENT.—Any facility de19 veloped under this subsection must emphasize the

20 conservation goals and sustainable public uses of na21 tional marine sanctuaries by providing the public

22 with information about the conservation, rec23 reational, ecological, historical, cultural, archeo24 logical, scientific, educational, or esthetic qualities of

25 the national marine sanctuary.
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1 ‘‘(e) CONSULTATION AND COORDINATION.—In con2 ducting, supporting, and coordinating research, moni3 toring, evaluation, and education programs under sub4 section (a) and developing interpretive facilities under sub5 section (d), the Secretary may consult or coordinate with

6 Federal, interstate, or regional agencies, States or local

7 governments.’’.

8 SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

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

10 (1) by redesignating subsections (b) through (f)

11 as subsections (c) through (g), and by inserting

12 after subsection (a) the following:

13 ‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary

14 shall provide appropriate public notice before identifying

15 any category of activity subject to a special use permit

16 under subsection (a).’’;

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

18 subsection (c), as redesignated, and inserting ‘‘insur19 ance, or post an equivalent bond,’’;

20 (3) by striking ‘‘resource and a reasonable re21 turn to the United States Government.’’ in para22 graph (2)(C) of subsection (d), as redesignated, and

23 inserting ‘‘resource.’’;

24 (4) in subsection (d)(3)(B), as redesignated, by

25 striking ‘‘designating and’’; and
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1 (5) in subsection (d), as redesignated, by insert2 ing after paragraph (3) the following:

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

4 Secretary may accept in-kind contributions in lieu of

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

6 any fee assessed under this subsection for any activ7 ity that does not derive profit from the access to or

8 use of sanctuary resources.’’.

9 SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVI10 SIONS.

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

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

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

14 may enter into cooperative agreements, contracts, or other

15 agreements with, or make grants to, States, local govern16 ments, regional agencies, interstate agencies, or other per17 sons to carry out the purposes and policies of this title.’’.

18 (b) USE OF RESOURCES FROM OTHER GOVERNMENT

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

20 adding at the end the following:

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

22 AGENCIES.—The Secretary may, whenever appropriate,

23 enter into an agreement with a State or other Federal

24 agency to use the personnel, services, or facilities of such
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1 agency on a reimbursable or nonreimbursable basis, to as2 sist in carrying out the purposes and policies of this title.

3 ‘‘(f) AUTHORITY TO OBTAIN GRANTS.—Notwith4 standing any other provision of law that prohibits a Fed5 eral agency from receiving assistance, the Secretary may

6 apply for, accept, and use grants from other Federal agen7 cies, States, local governments, regional agencies, inter8 state agencies, foundations, or other persons, to carry out

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

10 SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUC11 TION, LOSS, OR INJURY.

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

13 U.S.C. 1443(c)) is amended—

14 (1) by inserting ‘‘(1)’’ before the first sentence;

15 (2) in paragraph (1) (as so designated) in the

16 first sentence by striking ‘‘in the United States dis17 trict court for the appropriate district’’; and

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

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

20 in the United States district court for any district in

21 which—

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

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

24 person;
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1 ‘‘(B) the vessel is located, in the case of an ac2 tion against a vessel; or

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

4 sanctuary resource occurred.’’.

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

6 (16 U.S.C. 1443(d)) is amended by striking paragraphs

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

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

9 the United States for costs of response actions and

10 damage assessments under this section shall be

11 used, as the Secretary considers appropriate—

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

13 other Federal or State agency that conducted

14 those activities; and

15 ‘‘(B) after reimbursement of such costs, to

16 restore, replace, or acquire the equivalent of

17 any sanctuary resource.

18 ‘‘(2) OTHER AMOUNTS.—All other amounts re19 covered shall be used, in order of priority—

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

21 equivalent of the sanctuary resources that were

22 the subject of the action, including for costs of

23 monitoring and the costs of curation and con24 servation of archeological, historical, and cul25 tural sanctuary resources;
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1 ‘‘(B) to restore degraded sanctuary re2 sources of the national marine sanctuary that

3 was the subject of the action, giving priority to

4 sanctuary resources and habitats that are com5 parable to the sanctuary resources that were

6 the subject of the action; and

7 ‘‘(C) to restore degraded sanctuary re8 sources of other national marine sanctuaries.’’.

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

10 U.S.C. 1443) is amended by adding at the end the fol11 lowing:

12 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re13 sponse costs or damages under subsection (c) shall be

14 barred unless the complaint is filed within 3 years after

15 the date on which the Secretary completes a damage as16 sessment and restoration plan for the sanctuary resources

17 to which the action relates.’’.

18 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

20 follows:

21 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated to the

23 Secretary—

24 ‘‘(1) to carry out this title—

25 ‘‘(A) $32,000,000 for fiscal year 2001;
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1 ‘‘(B) $34,000,000 for fiscal year 2002;

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

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

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

5 ‘‘(2) for construction projects at national ma6 rine sanctuaries, $6,000,000 for each of fiscal years

7 2001, 2002, 2003, 2004, and 2005.’’.

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

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

10 subsection (b) and redesignating subsection (c) as sub11 section (b).

12 SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

13 Section 315 (16 U.S.C. 1445a) is amended by strik14 ing ‘‘provide assistance’’ in subsection (a) and inserting

15 ‘‘advise and make recommendations’’.

16 SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVI17 SIONS.

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

19 (1) in subsection (a)(1), by inserting ‘‘or the

20 System’’ after ‘‘sanctuaries’’;

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

22 symbol published under paragraph (1)’’ and insert23 ing ‘‘manufacture, reproduction, or other use of any

24 symbol published under paragraph (1), including the

25 sale of items bearing such a symbol,’’;
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1 (3) by amending subsection (e)(3) to read as

2 follows:

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

4 use any symbol adopted by the Secretary under sub5 section (a)(1), including to sell any item bearing

6 such a symbol, unless authorized by the Secretary

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

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

9 ‘‘(f) COLLABORATIONS.—The Secretary may author10 ize the use of a symbol adopted by the Secretary under

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

12 effort with the Secretary to carry out the purposes and

13 policies of this title and to benefit a national marine sanc14 tuary or the System.

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

16 ORGANIZATION TO SOLICIT SPONSORS.—

17 ‘‘(1) IN GENERAL.—The Secretary may enter

18 into an agreement with a non-profit partner organi19 zation authorizing it to assist in the administration

20 of the sponsorship program established under this

21 section. Under an agreement entered into under this

22 paragraph, the Secretary may authorize the non23 profit partner organization to solicit persons to be

24 official sponsors of the national marine sanctuary

25 system or of individual national marine sanctuaries,
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1 upon such terms as the Secretary deems reasonable

2 and will contribute to the successful administration

3 of the sanctuary system. The Secretary may also au4 thorize the non-profit partner organization to collect

5 the statutory contribution from the sponsor, and,

6 subject to paragraph (2), transfer the contribution

7 to the Secretary.

8 ‘‘(2) REIMBURSEMENT FOR ADMINISTRATIVE

9 COSTS.—Under the agreement entered into under

10 paragraph (1), the Secretary may authorize the non11 profit partner organization to retain not more than

12 5 percent of the amount of monetary contributions

13 it receives from official sponsors under the agree14 ment to offset the administrative costs of the organi15 zation in soliciting sponsors.

16 ‘‘(3) PARTNER ORGANIZATION DEFINED.—In

17 this subsection, the term ‘partner organization’

18 means an organization that—

19 ‘‘(A) draws its membership from individ20 uals, private organizations, corporation, aca21 demic institutions, or State and local govern22 ments; and

23 ‘‘(B) is established to promote the under24 standing of, education relating to, and the con-
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1 servation of the resources of a particular sanc2 tuary or 2 or more related sanctuaries.’’.

3 SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLAR4 SHIP PROGRAM.

5 The National Marine Sanctuaries Act (16 U.S.C.

6 1431 et seq.) is amended by inserting after section 317

7 the following:

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

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish and administer through the National Ocean Service

11 the Dr. Nancy Foster Scholarship Program. Under the

12 program, the Secretary shall award graduate education

13 scholarships in oceanography, marine biology or maritime

14 archeology, to be known as Dr. Nancy Foster Scholar15 ships.

16 ‘‘(b) PURPOSES.—The purposes of the Dr. Nancy

17 Foster Scholarship Program are—

18 ‘‘(1) to recognize outstanding scholarship in

19 oceanography, marine biology, or maritime arche20 ology, particularly by women and members of minor21 ity groups ; and

22 ‘‘(2) to encourage independent graduate level

23 research in oceanography, marine biology, or mari24 time archeology.

25 ‘‘(c) AWARD.—Each Dr. Nancy Foster Scholarship—
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1 ‘‘(1) shall be used to support graduate studies

2 in oceanography, marine biology, or maritime arche3 ology at a graduate level institution of higher edu4 cation; and

5 ‘‘(2) shall be awarded in accordance with guide6 lines issued by the Secretary.

7 ‘‘(d) DISTRIBUTION OF FUNDS.—The amount of

8 each Dr. Nancy Foster Scholarship shall be provided di9 rectly to a recipient selected by the Secretary upon receipt

10 of certification that the recipient will adhere to a specific

11 and detailed plan of study and research approved by a

12 graduate level institution of higher education.

13 ‘‘(e) FUNDING.—Of the amount available each fiscal

14 year to carry out this title, the Secretary shall award 1

15 percent as Dr. Nancy Foster Scholarships.

16 ‘‘(f) SCHOLARSHIP REPAYMENT REQUIREMENT.—

17 The Secretary shall require an individual receiving a schol18 arship under this section to repay the full amount of the

19 scholarship to the Secretary if the Secretary determines

20 that the individual, in obtaining or using the scholarship,

21 engaged in fraudulent conduct or failed to comply with

22 any term or condition of the scholarship.

23 ‘‘(g) MARITIME ARCHEOLOGY DEFINED.—In this

24 section the term ‘maritime archeology’ includes the

25 curation, preservation, and display of maritime artifacts.’’.
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1 SEC. 19. CLERICAL AMENDMENTS.

2 (a) CORRECTION OF REFERENCES TO FORMER COM3 MITTEE.—The following provisions are amended by strik4 ing ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Re5 sources’’:

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

7 1433(b)(2)(A)).

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

9 (b) CORRECTION OF REFERENCE TO RENAMED

10 ACT.—(1) Section 302(2) is amended to read as follows:

11 ‘‘(2) ‘Magnuson-Stevens Act’ means the Mag12 nuson-Stevens Fishery Conservation and Manage13 ment Act (16 U.S.C. 1801 et seq.);’’.

14 (2) Section 302(9) is amended by striking ‘‘Magnu15 son Fishery Conservation and Management Act’’ and in16 serting ‘‘Magnuson-Stevens Act’’.

17 (3) Section 303(b)(2)(D) is amended by striking

18 ‘‘Magnuson Act’’ and inserting ‘‘Magnuson-Stevens Act’’.

19 (4) Section 304(a)(5) is amended by striking ‘‘Mag20 nuson Act’’ and inserting ‘‘Magnuson-Stevens Act’’.

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

22 amended by striking ‘‘Magnuson Fishery Conservation

23 and Management Act’’ and inserting ‘‘Magnuson-Stevens

24 Act’’.
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1 (c) MISCELLANEOUS.—Section 312(a)(1) (16 U.S.C.

2 1443(a)(1)) is amended by striking ‘‘UNITED STATES’’

3 and inserting ‘‘UNITED STATES’’.

Passed the Senate October 17 (legislative day, September 22), 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 1482

AN ACT

To amend the National Marine Sanctuaries Act,

and for other purposes.