IB
Union Calendar No. 382
104TH CONGRESS
2D SESSION
H. R. 3487
[Report No. 104–717]
To reauthorize the National Marine Sanctuaries Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 1996
Mr. SAXTON (for himself and Mr. FARR of California) introduced the following
bill; which was referred to the Committee on Resources
JULY 29, 1996
Additional sponsors: Mrs. CLAYTON, Mr. GEJDENSON, Mr. DEUTSCH, Mr.
TORKILDSEN, Mrs. SEASTRAND, Mr. BEILENSON, Mr. GILCHREST, Mr.
FALEOMAVAEGA, Mr. LONGLEY, Mr. CAMPBELL, Mr. CANADY of Florida,
Ms. WOOLSEY, Mr. PORTER, Mr. RIGGS, Mr. GOSS, Mr. JONES, and Mr.
GALLEGLY
JULY 29, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 16, 1996]
A BILL
To reauthorize the National Marine Sanctuaries Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Marine Sanc-
tuaries 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 the 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 Sec-
retary 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 sub-
mit to the Committee on Resources of the House of Rep-
resentatives 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 United States
Ship 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 ca-
pabilities 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’’.
SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE
SANCTUARIES.
(a) INCORPORATION OF EXISTING PROVISION.—Sec-
tion 316 (16 U.S.C. 1445 note) is redesignated as section
317, section 2204 of the National Marine Sanctuaries Pro-
gram 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.—Sec-
tion 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 fol-
lowing is inserted:
‘‘(a) AUTHORITY.—The Secretary may establish a pro-
gram consisting of—’’.
(3) In subsection (a)(5), as so redesignated—
(A) ‘‘establishment’’ is struck and ‘‘solicita-
tion’’ 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 ‘‘para-
graphs (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 ‘‘expendi-
ture’’;
(B) ‘‘fees’’ is struck and ‘‘monetary and in-
kind contributions’’ is inserted; and
(C) ‘‘and any interest in the fund estab-
lished under paragraph (6)’’ is struck.
(6) In subsection (a), as so redesignated, para-
graphs (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 prod-
ucts to promote the national marine sanctuary pro-
gram, 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;
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 de-
termination 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 Sanc-
tuaries Act, and the National Environmental Policy
Act of 1969.
‘‘(C) Amounts may be appropriated to carry out this
paragraph under the authority provided in section 313 of
the National Marine Sanctuaries Act.’’; and
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) EFFECT OF OBJECTION BY GOVERNOR.—(1)(A)
If, within 45 days after the date of issuance of the com-
prehensive management plan and implementing regulations
under section 2306, the Governor of Hawaii certifies to the
Secretary that the management plan, the implementing reg-
ulations, or any term of the plan or regulations is unaccept-
able, the management plan, regulation, or term, respec-
tively, 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 man-
ner that the policy or purposes of this title cannot be ful-
filled, 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 Transpor-
tation 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 inclu-
sion 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 ef-
fect; and
‘‘(ii) subsection (b)(2) shall not apply during the
3-year period beginning on the date of that certifi-
cation.
‘‘(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 ad-
ministration 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.
‘‘(3) Amounts may be appropriated to carry out this
subsection under the authority provided in section 313 of
the National Marine Sanctuaries Act.’’.
SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICA-
TION.
(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 Na-
tional 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 Sanc-
tuary, 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 Transpor-
tation of the Senate.
(c) APPLICATION OF REGULATIONS.—Regulations is-
sued by the Secretary of Commerce to implement the des-
ignation 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 para-
graph (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’’;
(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 Sec-
retary 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 ad-
justments 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 activ-
ity’’ zone designated for Stetson Bank as that zone is
depicted on the Minerals Management Service map
entitled ‘‘Final Notice of Sale 161, Western Gulf Mex-
ico, 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 en-
actment 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 appli-
cable to that Sanctuary that are necessary to im-
plement that modification of the boundaries of
the Sanctuary.
(2) TREATMENT AS NOTICE REQUIRED UNDER
NATIONAL MARINE SANCTUARIES ACT.—A notice pub-
lished 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. NORTHWEST STRAITS.
(a) SUBMISSION OF DOCUMENTS.—In the case of a
Sanctuary in the Northwest Straits of the State of Washing-
ton, on the same day the notice required by section
304(a)(1)(A) of the National Marine Sanctuaries Act is is-
sued, the Secretary of Commerce shall submit the documents
required by section 304(a)(1)(C) of the National Marine
Sanctuaries Act to the Advisory Committee established
under subsection (b). The Advisory Committee shall then
within 60 days review those documents and make rec-
ommendations to the Secretary regarding designation.
Upon receipt of the recommendations of the Advisory Com-
mittee, the Secretary shall submit the documents required
by section 304(a)(1)(A) of the National Marine Sanctuaries
Act along with recommendations of the Advisory Committee
to the Committee on Resources of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate.
(b) NORTHWEST STRAITS MARINE RESOURCES PRO-
TECTION ADVISORY COMMITTEE.—(1) There shall be estab-
lished, within 120 days after the date of enactment of this
subsection, the Northwest Straits Marine Resources Protec-
tion Advisory Committee, consisting of 11 members ap-
pointed by the Secretary, at least 8 of whom are appointed
in accordance with paragraph (2) and at least 1 of whom
is appointed from each of the following counties in western
Washington: San Juan, Island, Whatcom, Skagit, Snoho-
mish, and Clallam. This Advisory Committee shall be ex-
empt from the Federal Advisory Committee Act.
(2) The Secretary of Commerce shall appoint members
of the Advisory Committee from a list of individuals sub-
mitted by each county specified in paragraph (1), in ac-
cordance with the following requirements:
(A) A county may not submit the names of
individuals to the Secretary for appointment un-
less the county has determined that each individ-
ual, by reason of his or her occupational or other
experience, scientific expertise, or training, is
knowledgeable regarding the conservation and
management, or the commercial or recreational
harvest or use, of the marine resources of Puget
Sound.
(B) Each list shall include the names and
pertinent biographical data of not less than 3 in-
dividuals for each applicable vacancy and shall
be accompanied by a statement by the county ex-
plaining how each individual meets the require-
ments under paragraph (1).
(C) The Secretary shall review each list sub-
mitted by a county to ascertain if the individ-
uals on the list are qualified for the vacancy on
the basis of the requirements under subpara-
graph (A). If the Secretary determines that no
individual on a county’s list is qualified, the
Secretary shall notify the county of that deter-
mination. The county shall then submit a revised
list or resubmit the original list with an addi-
tional explanation of the qualifications of the in-
dividuals in question.
(c) ADVISORY COMMITTEE REPORT.—Within 1 year of
the enactment of this Act, the Advisory Committee shall re-
port to the Secretary of Commerce on the adequacy of exist-
ing marine resources protection under local, State, and
Federal laws in the waters adjacent to the counties specified
in subsection (b)(1). This report shall recommend whether
a special resources management area is necessary to protect
the marine resources in those waters. If the Advisory Com-
mittee recommends that a special resources management
area is necessary, then the report shall specify whether that
area should constitute a non-Federal management area, a
National Marine Sanctuary, or some other form.
(d) SUBMISSION OF NORTHWEST STRAITS DRAFT EN-
VIRONMENTAL
IMPACT
STATEMENT.—The Secretary of
Commerce shall not issue a draft Environmental Impact
Statement under the National Environmental Policy Act
of 1969 on a Northwest Straits National Marine Sanctuary
until receipt of this report. If the Secretary issues a draft
Environmental Impact Statement, it shall include the Ad-
visory Committee’s recommendation as an alternative.
(e) AUTHORIZATION OF APPROPRIATIONS.—None of
the funds authorized to be appropriated under this Act may
be used to designate a National Marine Sanctuary in the
Northwest Straits except in accordance with this section.