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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1482

_______________________________________________________________________

                                 AN ACT

 
 To amend the National Marine Sanctuaries Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``National Marine Sanctuaries 
Amendments Act of 2000''.

SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment or repeal to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
              SYSTEM.

    (a) Clerical Amendment.--The heading for section 301 (16 U.S.C. 
1431) is amended to read as follows:

``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
              SYSTEM.''.

    (b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
            (1) in paragraph (2) by striking ``research, educational, 
        or esthetic'' and inserting ``scientific, educational, 
        cultural, archeological, or esthetic'';
            (2) in paragraph (3) by adding ``and'' after the semicolon; 
        and
            (3) by striking paragraphs (4), (5), and (6) and inserting 
        the following:
            ``(4) a Federal program which establishes areas of the 
        marine environment which have special conservation, 
        recreational, ecological, historical, cultural, archeological, 
        scientific, educational, or esthetic qualities as national 
        marine sanctuaries managed as the National Marine Sanctuary 
        System will--
                    ``(A) improve the conservation, understanding, 
                management, and wise and sustainable use of marine 
                resources;
                    ``(B) enhance public awareness, understanding, and 
                appreciation of the marine environment; and
                    ``(C) maintain for future generations the habitat, 
                and ecological services, of the natural assemblage of 
                living resources that inhabit these areas.''.
    (c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is 
amended--
            (1) by striking ``significance;'' in paragraph (1) and 
        inserting ``significance and to manage these areas as the 
        National Marine Sanctuary System;'';
            (2) by striking paragraphs (3), (4), and (9);
            (3) by redesignating paragraphs (5) through (8) as 
        paragraphs (6) through (9), respectively;
            (4) by inserting after paragraph (2) the following:
            ``(3) to maintain the natural biological communities in the 
        national marine sanctuaries, and to protect, and, where 
        appropriate, restore and enhance natural habitats, populations, 
        and ecological processes;
            ``(4) to enhance public awareness, understanding, 
        appreciation, and wise and sustainable use of the marine 
        environment, and the natural, historical, cultural, and 
        archeological resources of the National Marine Sanctuary 
        System;
            ``(5) to support, promote, and coordinate scientific 
        research on, and long-term monitoring of, the resources of 
        these marine areas;'';
            (5) in paragraph (8), as redesignated, by striking 
        ``areas;'' and inserting ``areas, including the application of 
        innovative management techniques; and''; and
            (6) in paragraph (9), as redesignated, by striking ``; 
        and'' and inserting a period.
    (d) Establishment of System.--Section 301 is amended by adding at 
the end the following:
    ``(c) Establishment of System.--There is established the National 
Marine Sanctuary System, which shall consist of national marine 
sanctuaries designated by the Secretary in accordance with this 
title.''.

SEC. 4. CHANGES IN DEFINITIONS.

    (a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is 
amended--
            (1) by striking ``and'' after the semicolon at the end of 
        subparagraph (B); and
            (2) by adding after subparagraph (C) the following:
                    ``(D) the cost of curation and conservation of 
                archeological, historical, and cultural sanctuary 
                resources; and
                    ``(E) the cost of enforcement actions undertaken by 
                the Secretary in response to the destruction or loss 
                of, or injury to, a sanctuary resource;''.
    (b) Response Costs.--Paragraph (7) of such section is amended by 
inserting ``, including costs related to seizure, forfeiture, storage, 
or disposal arising from liability under section 312'' after ``injury'' 
the second place it appears.
    (c) Sanctuary Resource.--Paragraph (8) of such section is amended 
by striking ``research, educational,'' and inserting ``educational, 
cultural, archeological, scientific,''.
    (d) System.--Such section is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) `System' means the National Marine Sanctuary System 
        established by section 301.''.

SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.

    (a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended 
to read as follows:
            ``(1) determines that--
                    ``(A) the designation will fulfill the purposes and 
                policies of this title;
                    ``(B) the area is of special national significance 
                due to--
                            ``(i) its conservation, recreational, 
                        ecological, historical, scientific, cultural, 
                        archeological, educational, or esthetic 
                        qualities;
                            ``(ii) the communities of living marine 
                        resources it harbors; or
                            ``(iii) its resource or human-use values;
                    ``(C) existing State and Federal authorities are 
                inadequate or should be supplemented to ensure 
                coordinated and comprehensive conservation and 
                management of the area, including resource protection, 
                scientific research, and public education;
                    ``(D) designation of the area as a national marine 
                sanctuary will facilitate the objectives in 
                subparagraph (C); and
                    ``(E) the area is of a size and nature that will 
                permit comprehensive and coordinated conservation and 
                management; and''.
    (b) Factors; Repeal of Report Requirement.--Section 303(b) (16 
U.S.C. 1433(b)) is amended--
            (1) in paragraph (1) by striking ``and'' at the end of 
        subparagraph (H), by striking the period at the end of 
        subparagraph (I) and inserting a semicolon, and by adding at 
        the end the following:
                    ``(J) the area's scientific value and value for 
                monitoring the resources and natural processes that 
                occur there;
                    ``(K) the feasibility, where appropriate, of 
                employing innovative management approaches to protect 
                sanctuary resources or to manage compatible uses; and
                    ``(L) the value of the area as an addition to the 
                System.''; and
            (2) by striking paragraph (3).

SEC. 6. CHANGES IN PROCEDURES FOR SANCTUARY DESIGNATION AND 
              IMPLEMENTATION.

    (a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as 
follows:
                    ``(C) no later than the day on which the notice 
                required under subparagraph (A) is submitted to Office 
                of the Federal Register, the Secretary shall submit a 
                copy of that notice and the draft sanctuary designation 
                documents prepared pursuant to section 304(a)(2), 
                including an executive summary, to the Committee on 
                Resources of the House of Representatives, the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and the Governor of each State in which any 
                part of the proposed sanctuary would be located.''.
    (b) Sanctuary Designation.--Section 304(a)(2) (16 U.S.C. 
1434(a)(2)) is amended to read as follows:
            ``(2) Sanctuary designation documents.--The Secretary shall 
        prepare and make available to the public sanctuary designation 
        documents on the proposal that include the following:
                    ``(A) A draft environmental impact statement 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    ``(B) A resource assessment that documents--
                            ``(i) present and potential uses of the 
                        area, including commercial and recreational 
                        fishing, research and education, minerals and 
                        energy development, subsistence uses, and other 
                        commercial, governmental, or recreational uses;
                            ``(ii) after consultation with the 
                        Secretary of the Interior, any commercial, 
                        governmental, or recreational resource uses in 
                        the areas that are subject to the primary 
                        jurisdiction of the Department of the Interior; 
                        and
                            ``(iii) information prepared in 
                        consultation with the Secretary of Defense, the 
                        Secretary of Energy, and the Administrator of 
                        the Environmental Protection Agency, on any 
                        past, present, or proposed future disposal or 
                        discharge of materials in the vicinity of the 
                        proposed sanctuary.
                Public disclosure by the Secretary of such information 
                shall be consistent with national security regulations.
                    ``(C) A draft management plan for the proposed 
                national marine sanctuary that includes the following:
                            ``(i) The terms of the proposed 
                        designation.
                            ``(ii) Proposed mechanisms to coordinate 
                        existing regulatory and management authorities 
                        within the area.
                            ``(iii) The proposed goals and objectives, 
                        management responsibilities, resource studies, 
                        and appropriate strategies for managing 
                        sanctuary resources of the proposed sanctuary, 
                        including interpretation and education, 
                        innovative management strategies, research, 
                        monitoring and assessment, resource protection, 
                        restoration, enforcement, and surveillance 
                        activities.
                            ``(iv) An evaluation of the advantages of 
                        cooperative State and Federal management if all 
                        or part of the proposed sanctuary is within the 
                        territorial limits of any State or is 
                        superjacent to the subsoil and seabed within 
                        the seaward boundary of a State, as that 
                        boundary is established under the Submerged 
                        Lands Act (43 U.S.C. 1301 et seq.).
                            ``(v) An estimate of the annual cost to the 
                        Federal Government of the proposed designation, 
                        including costs of personnel, equipment and 
                        facilities, enforcement, research, and public 
                        education.
                            ``(vi) The proposed regulations referred to 
                        in paragraph (1)(A).
                    ``(D) Maps depicting the boundaries of the proposed 
                sanctuary.
                    ``(E) The basis for the findings made under section 
                303(a) with respect to the area.
                    ``(F) An assessment of the considerations under 
                section 303(b)(1).''.
    (c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C. 
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary'' 
the second place it appears.
    (d) Federal Agency Actions Affecting Sanctuary Resources.--Section 
304(d) (16 U.S.C.1434(d)) is amended by adding at the end the 
following:
            ``(4) Failure to follow alternative.--If the head of a 
        Federal agency takes an action other than an alternative 
        recommended by the Secretary and such action results in the 
        destruction of, loss of, or injury to a sanctuary resource, the 
        head of the agency shall promptly prevent and mitigate further 
        damage and restore or replace the sanctuary resource in a 
        manner approved by the Secretary.''.
    (e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
            (1) by striking ``management techniques,'' and inserting 
        ``management techniques and strategies,''; and
            (2) by adding at the end the following: ``This review shall 
        include a prioritization of management objectives.''.
    (f) Limitation on Designation of New Sanctuaries.--Section 304 (16 
U.S.C. 1434) is amended by adding at the end the following:
    ``(f) Limitation on Designation of New Sanctuaries.--
            ``(1) Finding required.--The Secretary may not publish in 
        the Federal Register any sanctuary designation notice or 
        regulations proposing to designate a new sanctuary, unless the 
        Secretary has published a finding that--
                    ``(A) the addition of a new sanctuary will not have 
                a negative impact on the System; and
                    ``(B) sufficient resources were available in the 
                fiscal year in which the finding is made to--
                            ``(i) effectively implement sanctuary 
                        management plans for each sanctuary in the 
                        System; and
                            ``(ii) complete site characterization 
                        studies and inventory known sanctuary 
                        resources, including cultural resources, for 
                        each sanctuary in the System within 10 years 
                        after the date that the finding is made if the 
                        resources available for those activities are 
                        maintained at the same level for each fiscal 
                        year in that 10 year period.
            ``(2) Deadline.--If the Secretary does not submit the 
        findings required by paragraph (1) before February 1, 2004, the 
        Secretary shall submit to the Congress before October 1, 2004, 
        a finding with respect to whether the requirements of paragraph 
        (2) have been met by all existing sanctuaries.
            ``(3) Limitation on application.--Paragraph (1) does not 
        apply to any sanctuary designation documents for--
                    ``(A) a Thunder Bay National Marine Sanctuary; or
                    ``(B) a Northwestern Hawaiian Islands National 
                Marine Sanctuary.''.
    (g) Northwestern Hawaiian Islands Coral Reef Reserve.--
            (1) Presidential designation.--The President, after 
        consultation with the Governor of the State of Hawaii, may 
        designate any Northwestern Hawaiian Islands coral reef or coral 
        reef ecosystem as a coral reef reserve to be managed by the 
        Secretary of Commerce.
            (2) Secretarial action.--Upon the designation of a reserve 
        under paragraph (1) by the President, the Secretary shall--
                    (A) take action to initiate the designation of the 
                reserve as a National Marine Sanctuary under sections 
                303 and 304 of the National Marine Sanctuaries Act (16 
                U.S.C. 1433);
                    (B) establish a Northwestern Hawaiian Islands 
                Reserve Advisory Council under section 315 of that Act 
                (16 U.S.C. 1445a), the membership of which shall 
                include at least 1 representative from Native Hawaiian 
                groups; and
                    (C) until the reserve is designated as a National 
                Marine Sanctuary, manage the reserve in a manner 
                consistent with the purposes and policies of that Act.
            (3) Public comment.--Notwithstanding any other provision of 
        law, no closure areas around the Northwestern Hawaiian Islands 
        shall become permanent without adequate review and comment.
            (4) Coordination.--The Secretary shall work with other 
        Federal agencies and the Director of the National Science 
        Foundation, to develop a coordinated plan to make vessels and 
        other resources available for conservation or research 
        activities for the reserve.
            (5) Review.--If the Secretary has not designated a national 
        marine sanctuary in the Northwestern Hawaiian Islands under 
        sections 303 and 304 of the National Marine Sanctuaries Act (16 
        U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall 
        conduct a review of the management of the reserve under section 
        304(e) of that Act (16 U.S.C. 1434(e)).
            (6) Report.--No later than 6 months after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Resources, 
        describing actions taken to implement this subsection, 
        including costs of monitoring, enforcing, and addressing marine 
        debris, and the extent to which the fiscal or other resources 
        necessary to carry out this subsection are reflected in the 
        Budget of the United States Government submitted by the 
        President under section 1104 of title 31, United States Code.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Commerce to carry out 
        the provisions of this subsection such sums, not exceeding 
        $4,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 
        2005, as are reported under paragraph (6) to be reflected in 
        the Budget of the United States Government.

SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

    Section 306 (16 U.S.C. 1436) is amended--
            (1) in the matter preceding paragraph (1) by inserting 
        ``for any person'' after ``unlawful'';
            (2) in paragraph (2) by inserting ``offer for sale, 
        purchase, import, export,'' after ``sell,''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any officer authorized to 
                enforce this title to board a vessel, other than a 
                vessel operated by the Department of Defense or United 
                States Coast Guard, subject to such person's control 
                for the purposes of conducting any search or inspection 
                in connection with the enforcement of this title;
                    ``(B) resisting, opposing, impeding, intimidating, 
                harassing, bribing, interfering with, or forcibly 
                assaulting any person authorized by the Secretary to 
                implement this title or any such authorized officer in 
                the conduct of any search or inspection performed under 
                this title; or
                    ``(C) knowingly and willfully submitting false 
                information to the Secretary or any officer authorized 
                to enforce this title in connection with any search or 
                inspection conducted under this title; or''.

SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

    (a) Powers of Authorized Officers To Arrest.--Section 307(b) (16 
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting ``; and'', and by adding at the end the 
following:
            ``(6) arrest any person, if there is reasonable cause to 
        believe that such person has committed an act prohibited by 
        section 306(3).''.
    (b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by 
redesignating subsections (c) through (j) in order as subsections (d) 
through (k), and by inserting after subsection (b) the following:
    ``(c) Criminal Offenses.--
            ``(1) Offenses.--A person is guilty of an offense under 
        this subsection if the person commits any act prohibited by 
        section 306(3).
            ``(2) Punishment.--Any person that is guilty of an offense 
        under this subsection--
                    ``(A) except as provided in subparagraph (B), shall 
                be fined under title 18, United States Code, imprisoned 
                for not more than 6 months, or both; or
                    ``(B) in the case of a person who in the commission 
                of such an offense uses a dangerous weapon, engages in 
                conduct that causes bodily injury to any person 
                authorized to enforce this title or any person 
                authorized to implement the provisions of this title, 
                or places any such person in fear of imminent bodily 
                injury, shall be fined under title 18, United States 
                Code, imprisoned for not more than 10 years, or 
                both.''.
    (c) Subpoenas of Electronic Files.--Subsection (g) of section 307 
(16 U.S.C. 1437), as redesignated by this section, is amended by 
inserting ``electronic files,'' after ``books,''.
    (d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is 
amended by adding at the end the following:
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process.''.

SEC. 9. ADDITIONAL REGULATIONS AUTHORITY.

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

``SEC. 308. REGULATIONS.

    ``The Secretary may issue such regulations as may be necessary to 
carry out this title.''.

SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION PROVISIONS.

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

``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

    ``(a) In General.--The Secretary shall conduct, support, or 
coordinate research, monitoring, evaluation, and education programs 
consistent with subsections (b) and (c) and the purposes and policies 
of this title.
    ``(b) Research and Monitoring.--
            ``(1) In general.--The Secretary may--
                    ``(A) support, promote, and coordinate research on, 
                and long-term monitoring of, sanctuary resources and 
                natural processes that occur in national marine 
                sanctuaries, including exploration, mapping, and 
                environmental and socioeconomic assessment;
                    ``(B) develop and test methods to enhance degraded 
                habitats or restore damaged, injured, or lost sanctuary 
                resources; and
                    ``(C) support, promote, and coordinate research on, 
                and the conservation, curation, and public display of, 
                the cultural, archeological, and historical resources 
                of national marine sanctuaries.
            ``(2) Availability of results.--The results of research and 
        monitoring conducted, supported, or permitted by the Secretary 
        under this subsection shall be made available to the public.
    ``(c) Education.--
            ``(1) In general.--The Secretary may support, promote, and 
        coordinate efforts to enhance public awareness, understanding, 
        and appreciation of national marine sanctuaries and the System. 
        Efforts supported, promoted, or coordinated under this 
        subsection must emphasize the conservation goals and 
        sustainable public uses of national marine sanctuaries and the 
        System.
            ``(2) Educational activities.--Activities under this 
        subsection may include education of the general public, 
        teachers, students, national marine sanctuary users, and ocean 
        and coastal resource managers.
    ``(d) Interpretive Facilities.--
            ``(1) In general.--The Secretary may develop interpretive 
        facilities near any national marine sanctuary.
            ``(2) Facility requirement.--Any facility developed under 
        this subsection must emphasize the conservation goals and 
        sustainable public uses of national marine sanctuaries by 
        providing the public with information about the conservation, 
        recreational, ecological, historical, cultural, archeological, 
        scientific, educational, or esthetic qualities of the national 
        marine sanctuary.
    ``(e) Consultation and Coordination.--In conducting, supporting, 
and coordinating research, monitoring, evaluation, and education 
programs under subsection (a) and developing interpretive facilities 
under subsection (d), the Secretary may consult or coordinate with 
Federal, interstate, or regional agencies, States or local 
governments.''.

SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

    Section 310 (16 U.S.C. 1441) is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), and by inserting after subsection 
        (a) the following:
    ``(b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any category of activity 
subject to a special use permit under subsection (a).'';
            (2) by striking ``insurance'' in paragraph (4) of 
        subsection (c), as redesignated, and inserting ``insurance, or 
        post an equivalent bond,'';
            (3) by striking ``resource and a reasonable return to the 
        United States Government.'' in paragraph (2)(C) of subsection 
        (d), as redesignated, and inserting ``resource.'';
            (4) in subsection (d)(3)(B), as redesignated, by striking 
        ``designating and''; and
            (5) in subsection (d), as redesignated, by inserting after 
        paragraph (3) the following:
            ``(4) Waiver or reduction of fees.--The Secretary may 
        accept in-kind contributions in lieu of a fee under paragraph 
        (2)(C), or waive or reduce any fee assessed under this 
        subsection for any activity that does not derive profit from 
        the access to or use of sanctuary resources.''.

SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

    (a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is 
amended to read as follows:
    ``(a) Agreements and Grants.--The Secretary may enter into 
cooperative agreements, contracts, or other agreements with, or make 
grants to, States, local governments, regional agencies, interstate 
agencies, or other persons to carry out the purposes and policies of 
this title.''.
    (b) Use of Resources From Other Government Agencies.--Section 311 
(16 U.S.C. 1442) is amended by adding at the end the following:
    ``(e) Use of Resources of Other Government Agencies.--The Secretary 
may, whenever appropriate, enter into an agreement with a State or 
other Federal agency to use the personnel, services, or facilities of 
such agency on a reimbursable or nonreimbursable basis, to assist in 
carrying out the purposes and policies of this title.
    ``(f) Authority To Obtain Grants.--Notwithstanding any other 
provision of law that prohibits a Federal agency from receiving 
assistance, the Secretary may apply for, accept, and use grants from 
other Federal agencies, States, local governments, regional agencies, 
interstate agencies, foundations, or other persons, to carry out the 
purposes and policies of this title.''.

SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR INJURY.

    (a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is 
amended--
            (1) by inserting ``(1)'' before the first sentence;
            (2) in paragraph (1) (as so designated) in the first 
        sentence by striking ``in the United States district court for 
        the appropriate district''; and
            (3) by adding at the end the following:
    ``(2) An action under this subsection may be brought in the United 
States district court for any district in which--
            ``(A) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(B) the vessel is located, in the case of an action 
        against a vessel; or
            ``(C) the destruction of, loss of, or injury to a sanctuary 
        resource occurred.''.
    (b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d)) 
is amended by striking paragraphs (1) and (2) and inserting the 
following:
            ``(1) Response costs.--Amounts recovered by the United 
        States for costs of response actions and damage assessments 
        under this section shall be used, as the Secretary considers 
        appropriate--
                    ``(A) to reimburse the Secretary or any other 
                Federal or State agency that conducted those 
                activities; and
                    ``(B) after reimbursement of such costs, to 
                restore, replace, or acquire the equivalent of any 
                sanctuary resource.
            ``(2) Other amounts.--All other amounts recovered shall be 
        used, in order of priority--
                    ``(A) to restore, replace, or acquire the 
                equivalent of the sanctuary resources that were the 
                subject of the action, including for costs of 
                monitoring and the costs of curation and conservation 
                of archeological, historical, and cultural sanctuary 
                resources;
                    ``(B) to restore degraded sanctuary resources of 
                the national marine sanctuary that was the subject of 
                the action, giving priority to sanctuary resources and 
                habitats that are comparable to the sanctuary resources 
                that were the subject of the action; and
                    ``(C) to restore degraded sanctuary resources of 
                other national marine sanctuaries.''.
    (c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is 
amended by adding at the end the following:
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed within 3 years after the date on which the Secretary completes a 
damage assessment and restoration plan for the sanctuary resources to 
which the action relates.''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary--
            ``(1) to carry out this title--
                    ``(A) $32,000,000 for fiscal year 2001;
                    ``(B) $34,000,000 for fiscal year 2002;
                    ``(C) $36,000,000 for fiscal year 2003;
                    ``(D) $38,000,000 for fiscal year 2004;
                    ``(E) $40,000,000 for fiscal year 2005; and
            ``(2) for construction projects at national marine 
        sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 
        2003, 2004, and 2005.''.

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

    Section 314 (16 U.S.C. 1445) is amended by striking subsection (b) 
and redesignating subsection (c) as subsection (b).

SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

    Section 315 (16 U.S.C. 1445a) is amended by striking ``provide 
assistance'' in subsection (a) and inserting ``advise and make 
recommendations''.

SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

    Section 316 (16 U.S.C. 1445b) is amended--
            (1) in subsection (a)(1), by inserting ``or the System'' 
        after ``sanctuaries'';
            (2) in subsection (a)(4) by striking ``use of any symbol 
        published under paragraph (1)'' and inserting ``manufacture, 
        reproduction, or other use of any symbol published under 
        paragraph (1), including the sale of items bearing such a 
        symbol,'';
            (3) by amending subsection (e)(3) to read as follows:
            ``(3) to manufacture, reproduce, or otherwise use any 
        symbol adopted by the Secretary under subsection (a)(1), 
        including to sell any item bearing such a symbol, unless 
        authorized by the Secretary under subsection (a)(4) or 
        subsection (f); or''; and
            (4) by adding at the end the following:
    ``(f) Collaborations.--The Secretary may authorize the use of a 
symbol adopted by the Secretary under subsection (a)(1) by any person 
engaged in a collaborative effort with the Secretary to carry out the 
purposes and policies of this title and to benefit a national marine 
sanctuary or the System.
    ``(g) Authorization for Non-profit Partner Organization To Solicit 
Sponsors.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with a non-profit partner organization authorizing it 
        to assist in the administration of the sponsorship program 
        established under this section. Under an agreement entered into 
        under this paragraph, the Secretary may authorize the non-
        profit partner organization to solicit persons to be official 
        sponsors of the national marine sanctuary system or of 
        individual national marine sanctuaries, upon such terms as the 
        Secretary deems reasonable and will contribute to the 
        successful administration of the sanctuary system. The 
        Secretary may also authorize the non-profit partner 
        organization to collect the statutory contribution from the 
        sponsor, and, subject to paragraph (2), transfer the 
        contribution to the Secretary.
            ``(2) Reimbursement for administrative costs.--Under the 
        agreement entered into under paragraph (1), the Secretary may 
        authorize the non-profit partner organization to retain not 
        more than 5 percent of the amount of monetary contributions it 
        receives from official sponsors under the agreement to offset 
        the administrative costs of the organization in soliciting 
        sponsors.
            ``(3) Partner organization defined.--In this subsection, 
        the term `partner organization' means an organization that--
                    ``(A) draws its membership from individuals, 
                private organizations, corporation, academic 
                institutions, or State and local governments; and
                    ``(B) is established to promote the understanding 
                of, education relating to, and the conservation of the 
                resources of a particular sanctuary or 2 or more 
                related sanctuaries.''.

SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

    The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is 
amended by inserting after section 317 the following:

``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

    ``(a) Establishment.--The Secretary shall establish and administer 
through the National Ocean Service the Dr. Nancy Foster Scholarship 
Program. Under the program, the Secretary shall award graduate 
education scholarships in oceanography, marine biology or maritime 
archeology, to be known as Dr. Nancy Foster Scholarships.
    ``(b) Purposes.--The purposes of the Dr. Nancy Foster Scholarship 
Program are--
            ``(1) to recognize outstanding scholarship in oceanography, 
        marine biology, or maritime archeology, particularly by women 
        and members of minority groups ; and
            ``(2) to encourage independent graduate level research in 
        oceanography, marine biology, or maritime archeology.
    ``(c) Award.--Each Dr. Nancy Foster Scholarship--
            ``(1) shall be used to support graduate studies in 
        oceanography, marine biology, or maritime archeology at a 
        graduate level institution of higher education; and
            ``(2) shall be awarded in accordance with guidelines issued 
        by the Secretary.
    ``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster 
Scholarship shall be provided directly to a recipient selected by the 
Secretary upon receipt of certification that the recipient will adhere 
to a specific and detailed plan of study and research approved by a 
graduate level institution of higher education.
    ``(e) Funding.--Of the amount available each fiscal year to carry 
out this title, the Secretary shall award 1 percent as Dr. Nancy Foster 
Scholarships.
    ``(f) Scholarship Repayment Requirement.--The Secretary shall 
require an individual receiving a scholarship under this section to 
repay the full amount of the scholarship to the Secretary if the 
Secretary determines that the individual, in obtaining or using the 
scholarship, engaged in fraudulent conduct or failed to comply with any 
term or condition of the scholarship.
    ``(g) Maritime Archeology Defined.--In this section the term 
`maritime archeology' includes the curation, preservation, and display 
of maritime artifacts.''.

SEC. 19. CLERICAL AMENDMENTS.

    (a) Correction of References to Former Committee.--The following 
provisions are amended by striking ``Merchant Marine and Fisheries'' 
and inserting ``Resources'':
            (1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).
            (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
    (b) Correction of Reference to Renamed Act.--(1) Section 302(2) is 
amended to read as follows:
            ``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.);''.
    (2) Section 302(9) is amended by striking ``Magnuson Fishery 
Conservation and Management Act'' and inserting ``Magnuson-Stevens 
Act''.
    (3) Section 303(b)(2)(D) is amended by striking ``Magnuson Act'' 
and inserting ``Magnuson-Stevens Act''.
    (4) Section 304(a)(5) is amended by striking ``Magnuson Act'' and 
inserting ``Magnuson-Stevens Act''.
    (5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by 
striking ``Magnuson Fishery Conservation and Management Act'' and 
inserting ``Magnuson-Stevens Act''.
    (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is 
amended by striking ``United States'' 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.

S 1482 ES----2
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