SEC. 12. CLARIFICATION OF USE PERMITS AND INTER-
AGENCY COOPERATION. 
(a) IN GENERAL.—Section 310 (16 U.S.C. 1441) is 
amended to read as follows: 
‘‘SEC. 310. PERMITS. 
‘‘(a) IN GENERAL.—The Secretary may allow for the 
conduct of activities that would otherwise be prohibited 
by this title, other than activities prohibited under sub-
paragraph (B), (C), (E), (F), or (G) of section 306(5), 
or regulations issued under this title through, in accord-
ance with such regulations, the issuance of— 
‘‘(1) special use permits for the conduct of con-
cession or commercial-oriented activities dependent 
on System resources; or 
‘‘(2) general use permits for other activities. 
‘‘(b) FINDINGS REQUIRED.—The Secretary may not 
issue a permit under this section for a proposed activity 
unless the Secretary finds that— 
‘‘(1) the proposed activity is compatible with— 
‘‘(A) the mission of the System and the 
purposes and policies of this title; and 
‘‘(B) the purposes for which the applicable 
unit of the System was designated or estab-
lished; 
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‘‘(2) there is no practicable alternative to con-
ducting the activity within or over the applicable 
unit of the System; 
‘‘(3) the proposed activity will promote sustain-
able public use and increase public understanding 
and appreciation of System resources; and 
‘‘(4) the proposed activity will cause no neg-
ligible or irreversible harm to any System resource. 
‘‘(c) TERMS AND CONDITIONS.—The Secretary shall 
impose reasonable terms and conditions on activities con-
ducted under a permit issued under this section to ensure 
protection of System resources and to fulfill the mission 
of the System and the purposes and policies under this 
title. 
‘‘(d) SPECIAL USE PERMITS.— 
‘‘(1) IN GENERAL.—A special use permit issued 
under subsection (a)(1)— 
‘‘(A) shall authorize the conduct of an ac-
tivity only if that activity is compatible with the 
purposes for which the sanctuary or marine na-
tional monument is designated and with protec-
tion of sanctuary resources or System resource; 
‘‘(B) shall not authorize the conduct of any 
activity for a period of more than 5 years un-
less renewed by the Secretary; 
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‘‘(C) shall require that activities carried 
out under the permit be conducted in a manner 
that does not destroy, cause the loss of, or in-
jure sanctuary resources or System resources; 
and 
‘‘(D) shall require the permittee to— 
‘‘(i) purchase and maintain com-
prehensive general liability insurance, or 
post an equivalent bond, against claims 
arising out of activities conducted under 
the permit; and 
‘‘(ii) agree to hold the United States 
harmless against such claims. 
‘‘(2) TERMS AND CONDITIONS.—The Secretary 
shall include in a special use permit under sub-
section (a)(1) that authorizes the conduct of a spe-
cific activity such terms and conditions as the Sec-
retary determines to be necessary for access to and 
use of any sanctuary resource or System resource 
under the permit. 
‘‘(3) PUBLIC
NOTICE
AND
COMMENT
RE-
QUIRED.—The Secretary shall provide appropriate 
public notice before identifying any category of activ-
ity subject to a special use permit under subsection 
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(a)(1), and shall allow for adequate opportunity for 
public comment on permit applications. 
‘‘(e) FEES.— 
‘‘(1) ASSESSMENT AND COLLECTION.—The Sec-
retary may assess and collect fees for the conduct of 
any activity under a permit issued under this sec-
tion. 
‘‘(2) AMOUNT.—The amount of a fee under this 
subsection shall be equal to the sum of— 
‘‘(A) costs incurred, or expected to be in-
curred, by the Secretary in issuing the permit; 
‘‘(B) costs incurred, or expected to be in-
curred, by the Secretary as a direct result of 
the conduct of the activity for which the permit 
is issued, including costs of monitoring the con-
duct of the activity; and 
‘‘(C) an amount that represents the fair 
market value of the use of the System resource 
concerned, if applicable in the context of the 
permitted use. 
‘‘(3) USE OF FEES.—Amounts collected by the 
Secretary in the form of fees under this section shall 
be used by the Secretary— 
‘‘(A) for issuing and administering permits 
under this section; and 
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‘‘(B) for expenses of managing the System. 
‘‘(4) IN-LIEU CONTRIBUTIONS; REDUCTION AND 
WAIVER.—The Secretary may accept in-kind con-
tributions in lieu of a fee under paragraph (2)(C), 
or waive or reduce any fee assessed under this sub-
section for any activity that does not derive profit 
from the access to or use of System resources. 
‘‘(f) VIOLATIONS.—Upon violation of a term or condi-
tion of a permit issued under this section, the Secretary 
may— 
‘‘(1) suspend or revoke the permit without com-
pensation to the permittee and without liability to 
the United States; 
‘‘(2) assess a civil penalty in accordance with 
section 307; or 
‘‘(3) both. 
‘‘(g) REPORTS.—Each person issued a permit under 
this section shall submit an annual report to the Secretary 
not later than December 31 of each year which describes 
activities conducted under that permit and revenues, if 
any, derived from such activities during the year. 
‘‘(h) INTERAGENCY COOPERATION.— 
‘‘(1) REVIEW OF AGENCY ACTIONS.— 
‘‘(A) IN
GENERAL.—Federal agency ac-
tions within or outside of a national marine 
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sanctuary or marine national monument, in-
cluding private or other non-Federal activities 
authorized by a Federal license, lease, or per-
mit, that are likely to destroy, cause the loss of, 
or injure any System resource, are subject to 
consultation in advance with the Secretary in 
accordance with regulations issued by the Sec-
retary. 
‘‘(B) AGENCY STATEMENTS REQUIRED.— 
Subject to any regulations the Secretary may 
establish, the head of each Federal agency pro-
posing an action described in subparagraph (A) 
shall provide to the Secretary a written state-
ment describing the action and its potential ef-
fects on System resources at the earliest prac-
ticable time, but in no case later than 120 days 
before the final approval of the action unless 
such Federal agency and the Secretary agree to 
a different schedule. 
‘‘(2) 
SECRETARY’S
RECOMMENDED
ALTER-
NATIVES.—If the Secretary finds that a Federal 
agency action is likely to destroy, cause the loss of, 
or injure a System resource, the Secretary shall, 
within 45 days after receiving complete information 
on the proposed agency action, recommend reason-
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able and prudent alternatives, that can be taken by 
the Federal agency in implementing the agency ac-
tion and that will protect System resources. Such al-
ternatives may include conduct of the action at a 
different location or imposition of additional restric-
tions as considered necessary by the Secretary. 
‘‘(3) RESPONSE TO RECOMMENDATIONS.—The 
head of an agency who receives the Secretary’s rec-
ommended alternatives under paragraph (2) shall 
promptly consult with the Secretary on the alter-
natives. If the agency head decides not to follow the 
alternatives, the agency head shall provide the Sec-
retary with a written statement explaining the rea-
sons for that decision. 
‘‘(4) FAILURE TO FOLLOW ALTERNATIVE.—If 
the head of a Federal agency takes an action other 
than an alternative recommended by the Secretary 
and such action results in the destruction of, loss of, 
or injury to a System resource, the head of the 
agency shall promptly prevent and mitigate further 
damage and restore or replace the System resource 
in a manner approved by the Secretary.’’. 
(b) REGULATIONS.—The Secretary of Commerce 
shall issue regulations implementing section 310(h) of the 
National Marine Sanctuaries Act, as amended by this sec-
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tion, by not later than 1 year after the date of the enact-
ment of this Act. 
SEC. 13. APPLICATION OF AUTHORITY TO MARINE NA-
TIONAL MONUMENTS AND WITHIN THE SYS-
TEM. 
(a) COOPERATIVE AGREEMENTS, DONATIONS, AND 
ACQUISITIONS.—Section 311 (16 U.S.C. 1442) is amend-
ed— 
(1) in subsection (c), by striking ‘‘designating 
and administering national marine sanctuaries’’ and 
inserting ‘‘designating sanctuaries and administering 
sanctuaries and marine national monuments’’; and 
(2) in subsection (e), by striking ‘‘State or 
other Federal agency’’ and inserting ‘‘any Federal 
agency or instrumentality of the United States, any 
State, local government, Indian tribe, territory or 
possession of the United States, or any political sub-
division thereof, or any foreign government or inter-
national organization,’’. 
(b) DESTRUCTION OR LOSS OF, OR INJURY TO, SYS-
TEM RESOURCES.—Section 312 (16 U.S.C. 1443) is 
amended— 
(1) in the section heading by striking ‘‘SANC-
TUARY RESOURCES’’ and inserting ‘‘SYSTEM RE-
SOURCES’’; 
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(2) by striking ‘‘sanctuary resource’’ each place 
it appears and inserting ‘‘System resource’’; 
(3) by striking ‘‘sanctuary resources’’ each 
place it appears and inserting ‘‘System resources’’; 
and 
(4) in subsection (d)(2)(E), by inserting ‘‘or 
marine national monuments’’ after ‘‘national marine 
sanctuaries’’. 
(c) ADVISORY COUNCILS.—Section 315 (16 U.S.C. 
1445a) is amended— 
(1) in subsection (a), by inserting ‘‘and marine 
national monuments’’ after ‘‘national marine sanc-
tuaries’’; 
(2) in subsection (c), by striking ‘‘For sanc-
tuaries designated’’ and inserting ‘‘For sanctuaries 
and marine national monuments designated or oth-
erwise established’’; and 
(3) in subsection (e)(3), by inserting ‘‘or marine 
national monument’’ after ‘‘national marine sanc-
tuary’’. 
(d) ENHANCING SUPPORT FOR THE SYSTEM.—Sec-
tion 316 (16 U.S.C. 1445b) is amended— 
(1) in the section heading by striking ‘‘NA-
TIONAL
MARINE
SANCTUARIES’’ and inserting 
‘‘THE SYSTEM’’; 
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(2) by striking ‘‘the national marine sanctuary 
program’’ each place it appears and inserting ‘‘the 
System’’; 
(3) in subsection (a)— 
(A) by inserting ‘‘or marine national 
monuments’’ after ‘‘individual national marine 
sanctuaries’’ each place it appears; 
(B) in paragraph (8), by inserting ‘‘and 
marine national monuments’’ after ‘‘national 
marine sanctuaries’’; and 
(C) in the matter following paragraph 
(8)— 
(i) by inserting ‘‘or marine national 
monument’’ after ‘‘individual national ma-
rine sanctuary’’; and 
(ii) by inserting ‘‘or monument’’ after 
‘‘that sanctuary’’; 
(4) in subsection (c), by inserting ‘‘or marine 
national monuments’’ after ‘‘sanctuaries’’; 
(5) in subsection (e)(1), by inserting ‘‘or marine 
national monument’’ after ‘‘sanctuary’’; 
(6) in subsection (f), by inserting ‘‘, marine na-
tional monument, or’’ after ‘‘sanctuary’’; and 
(7) in subsection (g)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘the national marine 
sanctuary system or of individual national 
marine sanctuaries’’ and inserting ‘‘the 
System or of individual national marine 
sanctuaries or marine national monu-
ments’’; and 
(ii) by striking ‘‘the sanctuary sys-
tem’’ and inserting ‘‘the System’’; and 
(B) in paragraph (3)(B) by striking ‘‘2 or 
more related sanctuaries’’ and inserting ‘‘, 2 or 
more related sanctuaries or marine national 
monuments, or the System’’. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
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— 
‘‘(1) to carry out this title— 
‘‘(A) $60,000,000 for fiscal year 2009; 
‘‘(B) $65,000,000 for fiscal year 2010; 
‘‘(C) $70,000,000 for fiscal year 2011; 
‘‘(D) $75,000,000 for fiscal year 2012; 
and 
‘‘(E) $80,000,000 for fiscal year 2013; 
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‘‘(2) for construction projects at national ma-
rine sanctuaries or marine national monuments, 
$20,000,000 for each of fiscal years 2009, 2010, 
2011, 2012, and 2013; and 
‘‘(3) to implement section 303(c) of this title, 
$5,000,000.’’. 
SEC. 15. CONFORMING AMENDMENT TO REFERENCES TO 
RENAMED COMMITTEE. 
Section 304 (16 U.S.C. 1434) is amended by striking 
‘‘Committee on Resources’’ and inserting ‘‘Committee on 
Natural Resources’’ each place it appears in subsections 
(a)(1)(C), (a)(16), and (b)(2)(A). 
Æ 
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