H. R. 543

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To reauthorize 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

Preservation Act’’.

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

to, or repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of National

Marine Sanctuaries Act (16 U.S.C. 1431–1445a).

SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES

ACT.

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 to

carry out this title— ‘‘(1) $12,000,000 for fiscal year 1997;

‘‘(2) $15,000,000 for fiscal year 1998; and

‘‘(3) $18,000,000 for fiscal year 1999.’’.

SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR

U.S.S. MONITOR.

The Secretary of Commerce shall, within 12 months after the

date of the enactment of this Act, prepare and submit to the

Committee on Resources of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate

a long-range, comprehensive plan for the management, stabilization,

preservation, and recovery of artifacts and materials of the U.S.S.

MONITOR. In preparing and implementing the plan, the Secretary

shall to the extent feasible utilize the resources of other Federal

and private entities with expertise and capabilities that are helpful.

SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL

MEETINGS.

Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting before the period at the end the following: ‘‘, except that in

the case of a meeting of an Advisory Council established to provide

assistance regarding any individual national marine sanctuary the

notice is not required to be published in the Federal Register’’.
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SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

(a) INCORPORATION OF EXISTING PROVISION.—Section 316 (16

U.S.C. 1445 note) is redesignated as section 317, section 2204

of the National Marine Sanctuaries Program Amendments Act of

1992 (106 Stat. 5049) is moved so as to appear in the National

Marine Sanctuaries Act following section 315, and that moved section is designated as section 316 of the National Marine Sanctuaries

Act.

(b) AMENDMENT OF INCORPORATED SECTION.—Section 316, as

moved and designated by subsection (a) of this section, is amended

as follows:

(1) Subsections (a), (g), and (h) are struck, and subsections

(b), (c), (d), (e), and (f) are redesignated as subsections (a),

(b), (c), (d), and (e), respectively.

(2) In subsection (a), as so redesignated, the matter preceding paragraph (1) is struck and the following is inserted:

‘‘(a) AUTHORITY.—The Secretary may establish a program

consisting of—’’.

(3) In subsection (a)(5), as so redesignated—

(A) ‘‘establishment’’ is struck and ‘‘solicitation’’ is

inserted; and

(B) ‘‘fees’’ is struck and ‘‘monetary or in-kind contributions’’ is inserted.

(4) In subsection (a)(6), as so redesignated—

(A) ‘‘fees’’ is struck and ‘‘monetary or in-kind contributions’’ is inserted;

(B) ‘‘paragraph (5)’’ is struck and ‘‘paragraphs (5) and

(6)’’ is inserted;

(C) ‘‘assessed’’ is struck and ‘‘collected’’ is inserted;

and

(D) ‘‘in an interest-bearing revolving fund’’ is struck.

(5) In subsection (a)(7), as so redesignated—

(A) ‘‘and use’’ is inserted after ‘‘expenditure’’;

(B) ‘‘fees’’ is struck and ‘‘monetary and in-kind contributions’’ is inserted; and

(C) ‘‘and any interest in the fund established under

paragraph (6)’’ is struck.

(6) In subsection (a), as so redesignated, paragraphs (5),

(6), and (7) are redesignated in order as paragraphs (6), (7),

and (8), and the following new paragraph is inserted after

paragraph (4):

‘‘(5) the creation, marketing, and selling of products to

promote the national marine sanctuary program, and entering

into exclusive or nonexclusive agreements authorizing entities

to create, market or sell on the Secretary’s behalf;’’.

(7) The following new sentence is added at the end of

subsection (a), as so redesignated:

‘‘Monetary and in-kind contributions raised through the sale,

marketing, or use of symbols and products related to an individual

national marine sanctuary shall be used to support that sanctuary.’’.

(8) In subsection (e), as so redesignated—

(A) paragraph (2) is struck;

(B) in paragraph (1), ‘‘(1)’’ is struck, and subparagraphs

(A), (B), (C), and (D) are redesignated as paragraphs (1),

(2), (3), and (4); and

(C) in paragraph (3), as so redesignated, ‘‘fee’’ is struck

and ‘‘monetary or in-kind contribution’’ is inserted.
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(9) In each of subsections (b), (c), and (d), as so redesignated, by striking ‘‘subsection (b)’’ and inserting ‘‘subsection

(a)’’.

SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.

(a) INCLUSION OF KAHOOLAWE ISLAND WATERS.—Section 2305

of the Hawaiian Islands National Marine Sanctuary Act (16 U.S.C.

1433 note) is amended—

(1) in subsection (a)—

(A) by striking ‘‘(A)’’ and inserting ‘‘(a)’’; and

(B) by striking ‘‘the area described in subsection (b)

is’’ and inserting ‘‘the area described in subsection (b)(1)

and any area included under subsection (b)(2) are’’;

(2) by amending subsection (b)(2) to read as follows:

‘‘(2)(A) Within 6 months after the date of receipt of a request

in writing from the Kahoolawe Island Reserve Commission for

inclusion within the Sanctuary of the area of the marine environment within 3 nautical miles of the mean high tide line of

Kahoolawe Island (in this section referred to as the ‘Kahoolawe

Island waters’), the Secretary shall determine whether those waters

may be suitable for inclusion in the Sanctuary.

‘‘(B) If the Secretary determines under subparagraph (A) that

the Kahoolawe Island waters may be suitable for inclusion within

the Sanctuary—

‘‘(i) the Secretary shall provide notice of that determination

to the Governor of Hawaii; and

‘‘(ii) the Secretary shall prepare a supplemental environmental impact statement, management plan, and implementing

regulations for that inclusion in accordance with this Act, the

National Marine Sanctuaries Act, and the National Environmental Policy Act of 1969.’’; and

(3) by amending subsection (c) to read as follows:

‘‘(c) EFFECT OF OBJECTION BY GOVERNOR.—(1)(A) If, within

45 days after the date of issuance of the comprehensive management

plan and implementing regulations under section 2306, the Governor of Hawaii certifies to the Secretary that the management

plan, the implementing regulations, or any term of the plan or

regulations is unacceptable, the management plan, regulation, or

term, respectively, shall not take effect in the area of the Sanctuary

lying within the seaward boundary of the State of Hawaii.

‘‘(B) If the Secretary considers that an action under subparagraph (A) will affect the Sanctuary in such a manner that the

policy or purposes of this title cannot be fulfilled, the Secretary

may terminate the designation under subsection (a). At least 30

days before that termination, the Secretary shall submit written

notice of the termination to the Committee on Resources of the

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate.

‘‘(2)(A) If, within 45 days after the Secretary issues the documents required under subsection (b)(2)(B)(ii), the Governor of

Hawaii certifies to the Secretary that the inclusion of the Kahoolawe

Island waters in the Sanctuary or any term of that inclusion is

unacceptable—

‘‘(i) the inclusion or the term shall not take effect; and

‘‘(ii) subsection (b)(2) shall not apply during the 3-year

period beginning on the date of that certification.
H. R. 543—4

‘‘(B) If the Secretary considers that an action under subparagraph (A) regarding a term of the inclusion of the Kahoolawe

Island waters will affect the inclusion or the administration of

the Kahoolawe Island waters as part of the Sanctuary in such

a manner that the policy or purposes of this title cannot be fulfilled,

the Secretary may terminate that inclusion.’’.

(b) LIMITATION ON USER FEES.—The Hawaiian Islands National

Marine Sanctuary Act (16 U.S.C. 1433 note) is further amended

by redesignating section 2307 as section 2308, and by inserting

after section 2306 the following new section:

‘‘SEC. 2307. LIMITATION ON USER FEES.

‘‘(a) LIMITATION.—The Secretary shall not institute any user

fee under this Act or the National Marine Sanctuaries Act for

any activity within the Hawaiian Islands National Marine Sanctuary or any use of the Sanctuary or its resources.

‘‘(b) USER FEE DEFINED.—In this section, the term ‘user fee’

does not include—

‘‘(1) any fee authorized by section 310 of the National

Marine Sanctuaries Act;

‘‘(2) any gift or donation received under section 311 of

that Act; and

‘‘(3) any monetary or in-kind contributions under section

316 of that Act.’’.

SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.

(a) MODIFICATION.—Notwithstanding section 304 of the

National Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries

of the Flower Garden Banks National Marine Sanctuary, as designated by Public Law 102–251, are amended to include the area

described in subsection (d), popularly known as Stetson Bank. This

area shall be part of the Flower Garden Banks National Marine

Sanctuary and shall be managed and regulated as though it had

been designated by the Secretary of Commerce under the National

Marine Sanctuaries Act.

(b) DEPICTION OF SANCTUARY BOUNDARIES.—The Secretary of

Commerce shall—

(1) prepare a chart depicting the boundaries of the Flower

Garden Banks National Marine Sanctuary, as modified by this

section; and

(2) submit copies of this chart to the Committee on

Resources of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate.

(c) APPLICATION OF REGULATIONS.—Regulations issued by the

Secretary of Commerce to implement the designation of the Flower

Garden Banks National Marine Sanctuary shall apply to the area

described in subsection (d), unless modified by the Secretary. This

subsection shall take effect 45 days after the date of enactment

of this Act.

(d) AREA DESCRIBED.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

area referred to in subsections (a), (b), and (c) is the area

that is—

(A) generally depicted on the Department of the

Interior, Minerals Management Service map titled

‘‘Western Gulf of Mexico, Lease Sale 143, September 1993,

Biologically Sensitive Areas, Map 3 of 3, Final’’;
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(B) labeled ‘‘Stetson’’ on the High Island Area South

Addition diagram on that map; and

(C) within the 52 meter isobath.

(2) MINOR BOUNDARY ADJUSTMENTS.—The Secretary of

Commerce may make minor adjustments to the boundaries

of the area described in paragraph (1) as necessary to protect

living coral resources or to simplify administration of the Flower

Garden Banks National Marine Sanctuary and to establish

precisely the geographic boundaries of Stetson Bank. The

adjustments shall not significantly enlarge or otherwise alter

the size of the area described in paragraph (1), and shall

not result in the restriction of oil and gas activities otherwise

permitted outside of the ‘‘no activity’’ zone designated for

Stetson Bank as that zone is depicted on the Minerals Management Service map entitled ‘‘Final Notice of Sale 161, Western

Gulf Mexico, Biological Stipulation Map Package’’.

(e) PUBLICATION OF NOTICE.—

(1) IN GENERAL.—The Secretary of Commerce shall, as soon

as practicable after the date of the enactment of this Act,

publish in the Federal Register a notice describing—

(A) the boundaries of the Flower Garden Banks

National Marine Sanctuary, as modified by this section,

and

(B) any modification of regulations applicable to that

Sanctuary that are necessary to implement that modification of the boundaries of the Sanctuary.

(2) TREATMENT AS NOTICE REQUIRED UNDER NATIONAL

MARINE SANCTUARIES ACT.—A notice published under paragraph

(1) shall be considered to be the notice required to be published

under section 304(b)(1) of the National Marine Sanctuaries

Act (16 U.S.C. 1434(b)(1)).

(f) AUTHORIZATION OF APPROPRIATIONS.—Amounts may be

appropriated to carry out this section under the authority provided

in section 313 of the National Marine Sanctuaries Act, as amended

by this Act.

SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.

(a) Section 301(b)(2) of the National Marine Sanctuaries Act

(16 U.S.C. 1431(b)(2)) is amended by striking the period at the

end and inserting a semicolon.

(b) Section 302 of the National Marine Sanctuaries Act (16

U.S.C. 1432) is amended—

(1) in paragraph (6) by striking ‘‘, and’’ at the end of

subparagraph (C) and inserting a semicolon; and

(2) in paragraph (7) by striking ‘‘and’’ after the semicolon

at the end.

(c) Section 307(e)(1)(A) of the National Marine Sanctuaries

Act (16 U.S.C. 1437(e)(1)(A)) is amended by inserting ‘‘of 1980’’

before the period at the end.

(d) Section 2109 of the National Marine Sanctuaries Program

Amendments Act of 1992 (106 Stat. 5045) is amended by striking

the open quotation marks before ‘‘Section 311’’.

(e) Section 2110(d) of the National Marine Sanctuaries Program

Amendments Act of 1992 (106 Stat. 5046) is deemed to have amended section 312(b)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) by inserting ‘‘or authorize’’

after ‘‘undertake’’.
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(f) The material added to the Marine Protection, Research,

and Sanctuaries Act of 1972 by section 2112 of the National Marine

Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046)—

(1) is deemed to have been added by that section at the

end of title III of the Marine Protection, Research, and Sanctuaries Act of 1972; and

(2) shall not be considered to have been added by that

section to the end of the Marine Protection, Research, and

Sanctuaries Act of 1972.

(g) Section 2202(e) of the National Marine Sanctuaries Program

Amendments Act of 1992 (16 U.S.C. 1433 note) is amended by

striking ‘‘section 304(e)’’ and inserting ‘‘304(d)’’.

(h) Section 304(b)(3) of the National Marine Sanctuaries Act

(16 U.S.C. 1434(b)(3)) is amended—

(1) by striking subparagraphs (B) and (C);

(2) by moving the text of subparagraph (A) so as to begin

at the end of the line on which appears the heading for paragraph (3);

(3) by moving clauses (i) and (ii) of subparagraph (A) 2

ems to the left;

(4) by striking ‘‘(A) In’’ and inserting ‘‘In’’;

(5) by striking ‘‘(i)’’ and inserting ‘‘(A)’’; and

(6) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’.

SEC. 10. NORTHWEST STRAITS.

No designation of an area in the Northwest Straits in the

State of Washington as a national marine sanctuary under the

National Marine Sanctuaries Act shall take effect unless that designation is specifically authorized by a law enacted after the date

of enactment of this Act.
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SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK

NATIONAL MARINE SANCTUARY.

The Stellwagen Bank National Marine Sanctuary shall be

known and designated as the ‘‘Gerry E. Studds Stellwagen Bank

National Marine Sanctuary’’. Any reference in a law, map, regulation, document, paper, or other record of the United States to

that national marine sanctuary shall be deemed to be a reference

to the ‘‘Gerry E. Studds Stellwagen Bank National Marine

Sanctuary’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.