104TH CONGRESS
2D SESSION
H. R. 3487
AN ACT
To reauthorize the National Marine Sanctuaries
Act, and for other purposes.
104TH CONGRESS
2D SESSION
H. R. 3487
AN ACT
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 provi-
sion, 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 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
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
United States Ship Monitor. In preparing and implement-
ing the plan, the Secretary shall to the extent feasible uti-
lize 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 amend-
ed 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 in-
dividual national marine sanctuary the notice is not re-
quired 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
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 des-
ignated 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 redesig-
nated as subsections (a), (b), (c), (d), and (e), re-
spectively.
(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 ‘‘solici-
tation’’ 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
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 redes-
ignated as paragraphs (1), (2), (3), and (4);
and
(C) in paragraph (3), as so redesignated,
‘‘fee’’ is struck and ‘‘monetary or in-kind con-
tribution’’ is inserted.
(9) In each of subsections (b), (c), and (d), as
so redesignated, by striking ‘‘subsection (b)’’ and in-
serting ‘‘subsection (a)’’.
SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANC-
TUARY.
(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 sub-
section (b) is’’ and inserting ‘‘the area de-
scribed in subsection (b)(1) and any area in-
cluded 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 Sec-
retary shall determine whether those waters may be suit-
able 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 Sanc-
tuaries Act, and the National Environmental Policy
Act of 1969.’’; 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 regula-
tions under section 2306, the Governor of Hawaii certifies
to the Secretary that the management plan, the imple-
menting regulations, or any term of the plan or regula-
tions 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 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 termi-
nation 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 in-
clusion 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 cer-
tification.
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
Secretary of Commerce may make minor adjust-
ments to the boundaries of the area described in
paragraph (1) as necessary to protect living coral re-
sources 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 signifi-
cantly 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 per-
mitted 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 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
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 Sanc-
tuaries 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 Sanc-
tuaries 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’’.
(f) The material added to the Marine Protection, Re-
search, 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 sec-
tion 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 Sanc-
tuaries 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 Sanc-
tuaries 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 appears the
heading for paragraph (3);
(3) by moving clauses (i) and (ii) of subpara-
graph (A) 2 ems to the left, so that the left margins
of clauses (i) and (ii) are aligned with the left mar-
gin of paragraph (3);
(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.
(a) NORTHWEST STRAITS MARINE RESOURCES PRO-
TECTION ADVISORY COMMITTEE.—(1) There shall be es-
tablished, within 120 days after the date of enactment of
this subsection, the Northwest Straits Marine Resources
Protection Advisory Committee, consisting of 11 members
appointed by the Secretary of Commerce, 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: Jefferson, San Juan, Is-
land, Whatcom, Skagit, Snohomish, and Clallam. This Ad-
visory Committee shall be exempt from the Federal Advi-
sory Committee Act.
(2) The Secretary of Commerce shall appoint mem-
bers of the Advisory Committee from a list of individuals
submitted by each county specified in paragraph (1), in
accordance with the following requirements:
(A) A county may not submit the names of
individuals to the Secretary for appointment
unless the county has determined that each in-
dividual, by reason of his or her occupational or
other experience, scientific expertise, or train-
ing, is knowledgeable regarding the conserva-
tion and management, or the commercial or
recreational harvest or use, of the marine re-
sources of the Northwest Straits.
(B) Each list shall include the names and
pertinent biographical data of not less than 3
individuals for each applicable vacancy and
shall be accompanied by a statement by the
county explaining how each individual meets the
requirements under paragraph (1).
(C) The Secretary shall review each list
submitted by a county to ascertain if the indi-
viduals 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 in writing of
that determination, and provide the county an
explanation of that determination. The county
shall then submit a revised list or resubmit the
original list with an additional explanation of
the qualifications of the individuals in question.
(b) ADVISORY COMMITTEE REPORT.—Within 1 year
of the enactment of this Act, the Advisory Committee es-
tablished under subsection (a) shall report to the Sec-
retary of Commerce on the adequacy of existing marine
resources protection under local, State, and Federal laws
in the Northwest Straits. This report shall recommend
whether a special resources management area is necessary
to protect the marine resources of the Northwest Straits.
If the Advisory Committee recommends that a special re-
sources 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. The Secretary shall make available
to the Advisory Committee any staff, information, admin-
istrative services, or other assistance reasonably required
to carry out its functions.
(c) SUBMISSION OF NORTHWEST STRAITS DRAFT
ENVIRONMENTAL IMPACT STATEMENT.—The Secretary
of Commerce shall not issue a draft Environmental Impact
Statement under the National Environmental Policy Act
of 1969 on a national marine sanctuary in the Northwest
Straits until receipt of the report required under sub-
section (b). If the Secretary issues a draft Environmental
Impact Statement, it shall include the Advisory Commit-
tee’s recommendation as an alternative.
(d) SUBMISSION OF DOCUMENTS.—In the case of a
national marine sanctuary in the Northwest Straits, on
the same day the notice required by section 304(a)(1)(A)
of the National Marine Sanctuaries Act is issued, the Sec-
retary of Commerce shall submit the documents required
by section 304(a)(1)(C) of the National Marine Sanc-
tuaries Act to the Advisory Committee established under
subsection (a) and shall publish notice of that submission
in the Federal Register. 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
Committee, the Secretary shall submit the documents re-
quired by section 304(a)(1)(A) of the National Marine
Sanctuaries Act along with recommendations of the Advi-
sory Committee to the Committee on Resources of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
(e) CONGRESSIONAL AUTHORIZATION OF DESIGNA-
TION REQUIRE.—No designation of an area in the North-
west Straits as a national marine sanctuary under the Na-
tional Marine Sanctuaries Act shall take effect unless that
designation is specifically authorized by a law enacted
after the date of publication of the notice of submission
required under subsection (d).
(f) DEFINITIONS.—
(1) NORTHWEST STRAITS.—In this section the
term ‘‘Northwest Straits’’ means the area generally
described as the Washington State Nearshore area
in the notice published by the Secretary of Com-
merce in the Federal Register on August 4, 1983.
(2) COUNTY.—In subsection (a)(2), the term
‘‘county’’ means each local elected legislative body
that represents a county specified in subsection
(a)(1).
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 ref-
erence 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’’.
Passed the House of Representatives September 4,
1996.
Attest:
Clerk.