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 insert-
ing 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’’.
H. R. 543—2
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 sec-
tion 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 preced-
ing 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 contribu-
tions’’ is inserted.
(4) In subsection (a)(6), as so redesignated—
(A) ‘‘fees’’ is struck and ‘‘monetary or in-kind contribu-
tions’’ 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 contribu-
tions’’ 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.
H. R. 543—3
(9) In each of subsections (b), (c), and (d), as so redesig-
nated, 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 environ-
ment 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 environ-
mental impact statement, management plan, and implementing
regulations for that inclusion in accordance with this Act, the
National Marine Sanctuaries Act, and the National Environ-
mental 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 Gov-
ernor 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 subpara-
graph (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 docu-
ments 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 subpara-
graph (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 Sanc-
tuary 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 des-
ignated 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’’;
H. R. 543—5
(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 Manage-
ment 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 modifica-
tion 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 amend-
ed section 312(b)(1) of the Marine Protection, Research, and Sanc-
tuaries Act of 1972 (16 U.S.C. 1443(b)(1)) by inserting ‘‘or authorize’’
after ‘‘undertake’’.
H. R. 543—6
(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 Sanc-
tuaries 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 para-
graph (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 des-
ignation is specifically authorized by a law enacted after the date
of enactment of this Act.
H. R. 543—7
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, regula-
tion, 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.