Alabama Underwater Forest National Marine Sanctuary and Protection Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 897 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 897

   To provide for the establishment of the Alabama Underwater Forest 
           National Marine Sanctuary, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2023

  Mr. Carl (for himself, Mr. Graves of Louisiana, Ms. Sewell, and Mr. 
   Moulton) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the establishment of the Alabama Underwater Forest 
           National Marine Sanctuary, 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 ``Alabama Underwater Forest National 
Marine Sanctuary and Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An ancient cypress forest dating back 50,000 to 70,000 
        years has been exposed in the Gulf of Mexico off the Alabama 
        coastline.
            (2) The cypress trees, which were uncovered by massive 
        waves associated with Hurricane Ivan, are still rooted in the 
        mud they were growing in at least 50,000 years ago.
            (3) The Underwater Forest site is unique on a global scale, 
        the only known site where trees between 50,000 and 70,000 years 
        old have been preserved intact with the ecosystem they were 
        growing in.
            (4) Exploration of the site continues to yield invaluable 
        scientific insight in a variety of fields, though scientists 
        have just begun to study the ancient forest.

SEC. 3. POLICY AND PURPOSE.

    (a) Policy.--It is the policy of the United States to protect and 
preserve the ancient cypress trees located off the coast of Alabama, 
known as the Alabama Underwater Forest.
    (b) Purpose.--The purpose of this Act is to protect the resources 
of the area described in section 5(b), to educate and interpret for the 
public regarding the ancient Alabama Underwater Forest environment, and 
to manage human uses of the Alabama Underwater Forest National Marine 
Sanctuary consistent with this Act.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) Sanctuary.--The term ``Sanctuary'' means the Alabama 
        Underwater Forest National Marine Sanctuary designated under 
        section 5(a).
            (2) Secretary.--the term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 5. SANCTUARY DESIGNATION.

    (a) Designation.--The area described in subsection (b) is 
designated as the Alabama Underwater Forest National Marine Sanctuary 
pursuant to title III of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
    (b) Area Included.--
            (1) In general.--The Sanctuary shall consist only of all 
        waters and submerged lands within the boundary described in 
        paragraph (2).
            (2) Boundary.--The boundary referred to in paragraph (1) 
        shall encompass only the area within the following coordinates:
                    (A) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
                    (B) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 43 minutes, 44.8536 seconds west 
                longitude.
                    (C) 30 degrees, 5 minutes, 42.6552 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
                    (D) 30 degrees, 5 minutes, 42.6552 seconds north 
                latitude; 87 degrees, 43 minutes, 44.8536 seconds west 
                longitude.
                    (E) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
            (3) Charts.--The Sanctuary shall be generally identified 
        and depicted on National Oceanic and Atmospheric Administration 
        charts that shall be maintained on file and kept available for 
        public examination during regular business hours at the Office 
        of Ocean and Coastal Resource Management of the National 
        Oceanic and Atmospheric Administration and in online format and 
        which shall be updated to reflect boundary modifications made 
        pursuant to this section.

SEC. 6. PROHIBITION OF CERTAIN USES.

    (a) Prohibited Activities.--The following activities are prohibited 
and are unlawful for any person to conduct or to cause to be conducted 
within the Sanctuary:
            (1) Cutting, removing, or any kind of subsurface salvage of 
        the cypress trees.
            (2) Lowering below the surface of the water any grappling, 
        suction, conveyor, dredging, or wrecking device.
            (3) Detonating below the surface of the water any explosive 
        or explosive mechanism.
            (4) Drilling or coring the seabed.
            (5) Lowering, laying, positioning, or raising any type of 
        seabed cable or cable-laying device.
    (b) Exceptions.--
            (1) In general.--The prohibitions in subsection (a) shall 
        not apply to the following:
                    (A) Fishing, diving, mooring, or similar 
                recreational or commercial activities.
                    (B) Necessary operations of public vessels, 
                including operations essential for national defense, 
                law enforcement, and responses to emergencies that 
                threaten life, property, or the environment.
                    (C) Construction or placement of artificial reef 
                structures for the purpose of enhancing fishery 
                resources, fishing opportunities, or recreational 
                diving opportunities.
                    (D) Exploration, development, or production of oil 
                or gas pursuant to a lease, permit, or other 
                authorization, provided such lease, permit, or 
                authorization is issued on or before the date of the 
                enactment of this Act.
            (2) Other activities.--The Secretary, acting through the 
        Director of the Office of National Marine Sanctuaries, may 
        allow a person to conduct an activity that would otherwise be 
        prohibited under subsection (a) if such activity meets the 
        standards of Title III of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as determined 
        by the Secretary.

SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.

    (a) Preparation of Plan.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        appropriate Federal, State, and local government authorities 
        and with the advisory council established under section 8, 
        shall develop a comprehensive management plan and implement 
        regulations to achieve the policy and purpose of this Act.
            (2) Applicable law.--In developing the comprehensive 
        management plan and implementing regulations under paragraph 
        (1), the Secretary shall follow the procedures described in 
        sections 303 and 304 of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
            (3) Plan details.--The comprehensive management plan 
        required under paragraph (1) shall--
                    (A) facilitate all public and private uses of the 
                Sanctuary compatible with the primary objective of 
                Sanctuary resource protection, with a focus on 
                facilitating--
                            (i) fishing, diving, or similar 
                        recreational or commercial activities; and
                            (ii) construction or placement of 
                        artificial reef structures for the purpose of 
                        enhancing fishery resources, fishing 
                        opportunities, or recreational diving 
                        opportunities;
                    (B) consider temporal and geographical zoning, to 
                ensure protection of Sanctuary resources;
                    (C) identify needs for research and ecological 
                monitoring; and
                    (D) ensure coordination and cooperation between 
                Sanctuary managers and--
                            (i) other Federal, State, and local 
                        authorities with jurisdiction within or 
                        adjacent to the Sanctuary; and
                            (ii) owners, operators, and stakeholders 
                        with respect to existing oil and gas operations 
                        within or adjacent to the Sanctuary.
    (b) Public Participation.--The Secretary shall provide for the 
participation of the general public in the development of the 
comprehensive management plan.

SEC. 8. ADVISORY COUNCIL.

    (a) Establishment.--The Secretary shall establish an advisory 
council pursuant to section 315 of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to advise the Secretary with 
respect to the designation and management of the Sanctuary.
    (b) Membership.--The Secretary shall include a representative from 
the Alabama Department of Conservation and Natural Resources as a 
voting member of the advisory council.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,000,000 for each of the 
fiscal years 2024 through 2028 to carry out the provisions of this Act.
                                 &lt;all&gt;
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