IB
Union Calendar No. 130
106TH CONGRESS
1ST SESSION
H. R. 1243
[Report No. 106–224]
To reauthorize the National Marine Sanctuaries Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1999
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
JULY 12, 1999
Additional sponsors: Mr. FALEOMAVAEGA, Mr. PALLONE, Mrs. NAPOLITANO,
Mr. ORTIZ, and Mr. VENTO
JULY 12, 1999
Reported with amendments, 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 March 24, 1999]
A BILL
To reauthorize the National Marine Sanctuaries Act.
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 Enhancement Act of 1999’’.
TITLE I—NATIONAL MARINE
SANCTUARIES
SEC. 101. AMENDMENT OF NATIONAL MARINE SANC-
TUARIES ACT.
Except as otherwise expressly provided, whenever in
this title 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 et seq.).
SEC. 102. FINDINGS; PURPOSES AND POLICIES.
(a) FINDINGS.—Section 301(a) (16 U.S.C. 1431(a)) is
amended—
(1) in paragraph (2) by inserting ‘‘cultural, ar-
chaeological,’’ after ‘‘educational,’’; and
(2) in paragraph (5) by inserting ‘‘of national
marine sanctuaries managed as the National Marine
Sanctuary System’’ after ‘‘program’’.
(b) PURPOSES
AND POLICIES.—Section 301(b) (16
U.S.C. 1431) is amended—
(1) in paragraph (1) by inserting before the
semicolon at the end the following: ‘‘, and to manage
these areas as the National Marine Sanctuary Sys-
tem’’; and
(2) in paragraph (4) by inserting before the
semicolon at the end the following: ‘‘and of the nat-
ural, historical, cultural, and archaeological resources
of the National Marine Sanctuary System’’.
SEC. 103. DEFINITIONS.
Section 302 (16 U.S.C. 1432) is amended as follows:
(1) Paragraph (2) is amended by striking ‘‘Mag-
nuson Fishery’’ and inserting ‘‘Magnuson-Stevens
Fishery’’;
(2) Paragraph (6) is amended by striking ‘‘and’’
after the semicolon at the end of subparagraph (B),
by inserting ‘‘and’’ after the semicolon at the end of
subparagraph (C), and by adding after subparagraph
(C) the following:
‘‘(D) the cost of curation and conservation
of archaeological, historical, and cultural sanc-
tuary resources;’’.
(3) Paragraph (7) is amended by inserting ‘‘, in-
cluding costs related to seizure, forfeiture, storage, or
disposal arising from liability under section 312’’
after ‘‘injury’’.
(4) In paragraph (8) by inserting ‘‘cultural, ar-
chaeological,’’ after ‘‘educational,’’.
(5) In paragraph (9) by striking ‘‘Fishery Con-
servation and Management’’.
(6) By striking ‘‘and’’ after the semicolon at the
end of paragraph (8), by striking the period at the
end of paragraph (9) and inserting a semicolon, and
by adding at the end the following:
‘‘(10) ‘person’ means any individual (whether or
not a citizen or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws
of any State), and any Federal, State, local, or for-
eign government or any entity of any such govern-
ment; and
‘‘(11) ‘System’ means the National Marine Sanc-
tuary System established by section 303.’’.
SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANC-
TUARY SYSTEM; SANCTUARY DESIGNATION
STANDARDS.
(a) ESTABLISHMENT
OF NATIONAL MARINE SANC-
TUARY SYSTEM.—Section 303 (16 U.S.C. 1433(a)) is
amended by striking the heading for the section and all that
follows through ‘‘(a) STANDARDS.—’’ and inserting before
the remaining matter of subsection (a) the following:
‘‘SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.
‘‘(a) ESTABLISHMENT OF SYSTEM; SANCTUARY DES-
IGNATION STANDARDS.—There is established the National
Marine Sanctuary System, which shall consist of national
marine sanctuaries designated by the Secretary in accord-
ance with this title.’’.
(b) SANCTUARY DESIGNATION STANDARDS.—Section
303(b)(1) (16 U.S.C. 1433(b)(1)) is amended by striking
‘‘and’’ at the end of subparagraph (H), by striking the pe-
riod at the end of subparagraph (I) and inserting a semi-
colon, and by adding at the end the following:
‘‘(J) the area’s value as a site for moni-
toring and assessment activities; and
‘‘(K) the value of the area as an addition
to the System.’’.
(c) REPEAL.—Section 303(b)(3) (16 U.S.C. 1433)(3))
is repealed.
SEC. 105. PROCEDURES FOR SANCTUARY DESIGNATION
AND IMPLEMENTATION.
(a) SUBMISSION OF NOTICE OF PROPOSED DESIGNA-
TION
TO CONGRESS.—Section 304(a)(1)(C) (16 U.S.C.
1434(a)(1)(C)) is amended to read as follows:
‘‘(C) no later than the day on which the no-
tice required under subparagraph (A) is sub-
mitted to Office of the Federal Register, the Sec-
retary shall submit a copy of that notice and the
draft sanctuary designation documents prepared
pursuant to section 304(a)(2) to the Committee
on Resources of the House of Representatives and
the Committee on Commerce, Science and Trans-
portation of the Senate;’’.
(b) SANCTUARY DESIGNATION DOCUMENTS.—Section
304(a)(2) (16 U.S.C. 1434(a)(2)) is amended to read as fol-
lows:
‘‘(2) SANCTUARY
DESIGNATION
DOCUMENTS.—
The Secretary shall prepare sanctuary designation
documents on the proposal that include the following:
‘‘(A) A draft environmental impact state-
ment pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(B)(i) A resource assessment report docu-
menting present and potential uses of the area
proposed to be designated as a national marine
sanctuary, 
including 
commercial 
and 
rec-
reational fishing, research and education, min-
erals and energy development, subsistence uses,
and other commercial, governmental, or rec-
reational uses.
‘‘(ii) The Secretary, in consultation with
the Secretary of the Interior, shall draft and in-
clude in the report a resource assessment section
regarding any commercial, governmental, or rec-
reational resource uses in the area under consid-
eration that are subject to the primary jurisdic-
tion of the Department of the Interior.
‘‘(iii) The Secretary, in consultation with
the Secretary of Defense, the Secretary of En-
ergy, and the Administrator, shall draft and in-
clude in the report a resource assessment section
that includes any information on past, present,
or proposed future disposal or discharge of mate-
rials in the vicinity of the area proposed to be
designated as a national marine sanctuary. Pub-
lic disclosure by the Secretary of such informa-
tion shall be consistent with national security
regulations.
‘‘(C) A management plan for the proposed
national marine sanctuary that includes the fol-
lowing:
‘‘(i) The terms of the proposed designa-
tion.
‘‘(ii) Proposed mechanisms to coordi-
nate existing regulatory and management
authorities within the proposed sanctuary.
‘‘(iii) The proposed goals and objec-
tives, management responsibilities, resource
studies, and appropriate strategies for man-
aging sanctuary resources of the proposed
sanctuary, including innovative approaches
such as marine zoning, interpretation and
education, research, monitoring and assess-
ment, resource protection, restoration, en-
forcement, and surveillance activities.
‘‘(iv) An evaluation of the advantages
of cooperative State and Federal manage-
ment if all or part of the proposed sanc-
tuary is within the territorial limits of any
State or is superjacent to the subsoil and
seabed within the seaward boundary of a
State, as that boundary is established under
the Submerged Lands Act (43 U.S.C. 1301
et seq.).
‘‘(v) The proposed regulations referred
to in paragraph (1)(A).
‘‘(D) Maps depicting the boundaries of the
proposed sanctuary.
‘‘(E) The basis of the findings made under
section 303(a)(2) with respect to the area.
‘‘(F) An assessment of the considerations
under section 303(b)(1).
‘‘(G) An estimate of the annual cost to the
Federal Government of the proposed designation,
including costs of personnel, equipment and fa-
cilities, enforcement, research, and public edu-
cation.’’.
(c) TERMS OF DESIGNATION.—Section 304(a)(4) (16
U.S.C. 1434(a)(4)) is amended by inserting ‘‘cultural, ar-
chaeological,’’ after ‘‘educational,’’.
(d) 
WITHDRAWAL
OF
DESIGNATION.—Section
304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting
‘‘or System’’ after ‘‘sanctuary’’.
(e) FEDERAL AGENCY ACTIONS AFFECTING SANC-
TUARY RESOURCES.—Section 304(d) (16 U.S.C. 1434(d))
is amended by adding at the end the following:
‘‘(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 or loss of or in-
jury to a sanctuary resource, the head of the agency
shall promptly prevent and mitigate further damage
and restore or replace the sanctuary resource in a
manner approved by the Secretary.’’.
(f) LIMITATION
ON DESIGNATION
OF NEW SANC-
TUARIES.—Section 304 (16 U.S.C. 1434) is amended by
adding at the end the following:
‘‘(f) LIMITATION
ON DESIGNATION
OF NEW SANC-
TUARIES.—
‘‘(1) FUNDING REQUIRED.—The Secretary may
not prepare any sanctuary designation documents for
a proposed designation of a national marine sanc-
tuary, unless the Secretary has published a finding
that—
‘‘(A) the addition of a new sanctuary will
not have a negative impact on the System; and
‘‘(B) sufficient resources were available in
the fiscal year in which the finding is made to—
‘‘(i) effectively implement sanctuary
management plans for each sanctuary in
the System; and
‘‘(ii) complete site characterization
studies and inventory known sanctuary re-
sources, including cultural resources, for
each sanctuary in the System within 10
years after the date that the finding is made
if the resources available for those activities
are maintained at the same level for each
fiscal year in that 10-year period.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph
(1) does not apply to any sanctuary designation doc-
authorized to enforce this title in connection with
any search or inspection conducted under this
title; or’’.
SEC. 107. ENFORCEMENT.
(a) POWERS
OF AUTHORIZED OFFICERS TO AR-
REST.—Section 307(b) (16 U.S.C. 1437(b)) is amended by
striking ‘‘and’’ after the semicolon at the end of paragraph
(4), by striking the period at the end of paragraph (5) and
inserting ‘‘; and’’, and by adding at the end the following:
‘‘(6) arrest any person, if there is reasonable
cause to believe that such person has committed an
act prohibited by section 306(3).’’.
(b) CRIMINAL OFFENSES.—Section 307 (16 U.S.C.
1437) is amended by redesignating subsections (c) through
(j) in order as subsections (d) through (k), and by inserting
after subsection (b) the following:
‘‘(c) CRIMINAL OFFENSES.—
‘‘(1) OFFENSES.—A person is guilty of an of-
fense under this subsection if the person commits any
act prohibited by section 306(3).
‘‘(2) PUNISHMENT.—Any person that is guilty of
an offense under this subsection—
‘‘(A) except as provided in subparagraph
(B), shall be fined under title 18, United States
Code, imprisoned for not more than 6 months, or
both; or
‘‘(B) in the case a person who in the com-
mission of such an offense uses a dangerous
weapon, engages in conduct that causes bodily
injury to any person authorized to enforce this
title or any person authorized to implement the
provisions of this title, or places any such person
in fear of imminent bodily injury, shall be fined
under title 18, United States Code, imprisoned
for not more than 10 years, or both.’’.
(c) SUBPOENAS OF ELECTRONIC FILES.—Subsection
(g) of section 307 (16 U.S.C. 1437), as redesignated by this
section, is amended by inserting ‘‘electronic files,’’ after
‘‘books,’’.
SEC. 108. MONITORING.
(a) PROVISION OF SUPPORT OR COORDINATION.—Sec-
tion 309(a) (16 U.S.C. 1440(a)) is amended by inserting
‘‘, support, or coordinate’’ after ‘‘conduct’’.
(b) SANCTUARY RESOURCE CENTERS.—Section 309
(16 U.S.C. 1440) is amended by adding at the end the fol-
lowing:
‘‘(c) SANCTUARY RESOURCE CENTERS.—(1) The Sec-
retary may establish facilities to promote national marine
sanctuaries and the purposes and policies of this title.
‘‘(2) The Secretary may establish a facility under this
subsection in partnership with any person located near a
national marine sanctuary, pursuant to an agreement
under section 311.’’.
SEC. 109. SPECIAL USE PERMITS.
Section 310 (16 U.S.C. 1441) is amended—
(1) in subsection (b)(4), by inserting ‘‘, or post
an equivalent bond,’’ after ‘‘general liability insur-
ance’’;
(2) by amending subsection (c)(2)(C) to read as
follows:
‘‘(C) an amount that represents the fair
market value of the use of the sanctuary re-
sources.’’;
(3) in subsection (c)(3)(B), by striking ‘‘desig-
nating and’’;
(4) in subsection (c) by inserting after para-
graph (3) the following:
‘‘(4) WAIVER OR REDUCTION OF FEES.—The Sec-
retary may accept in-kind contributions in lieu of a
fee under paragraph (2)(C), or waive or reduce any
fee assessed under this subsection for any activity that
does not derive profit from the use of sanctuary re-
sources.’’; and
(5) by adding at the end the following:
‘‘(g) NOTICE.—The Secretary shall provide public no-
tice of any determination that a category of activity may
require a special use permit under this section.’’.
SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.
(a) AGREEMENTS AND GRANTS.—Section 311(a) (16
U.S.C. 1442(a)) is amended to read as follows:
‘‘(a) AGREEMENTS AND GRANTS.—The Secretary may
enter into cooperative agreements, contracts, or other agree-
ments with, or make grants to, States, local governments,
regional agencies, interstate agencies, or other persons to
carry out the purposes and policies of this title.’’.
(b) USE OF RESOURCES FROM OTHER GOVERNMENT
AGENCIES.—Section 311 (16 U.S.C. 1442) is amended by
adding at the end the following:
‘‘(e) USE OF RESOURCES OF OTHER GOVERNMENT
AGENCIES.—The Secretary may, whenever appropriate,
enter into an agreement with a State or other Federal agen-
cy to use the personnel, services or facilities of such agency
on a reimbursable or non-reimbursable basis, to assist in
carrying out the purposes and policies of this title.
‘‘(f) AUTHORITY
TO
OBTAIN
GRANTS.—Notwith-
standing any other provision of law that prohibits a Fed-
eral agency from receiving assistance, the Secretary may
apply for, accept, and use grants from other Federal agen-
cies, States, local governments, regional agencies, interstate
agencies, foundations, or other persons, to carry out the
purposes and policies of this title.’’.
SEC. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANC-
TUARY RESOURCES.
Section 312 (16 U.S.C. 1443) is amended—
(1) in subsection (c)—
(A) by inserting ‘‘(1)’’ before the first sen-
tence;
(B) in paragraph (1) (as so designated) in
the first sentence by striking ‘‘in the United
States district court for the appropriate dis-
trict’’; and
(C) by adding at the end the following:
‘‘(2) An action under this subsection may be brought
in the United States district court for any district in
which—
‘‘(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
‘‘(B) the vessel is located, in the case of an action
against a vessel; or
‘‘(C) the destruction of, loss of, or injury to a
sanctuary resource occurred.’’; and
(2) by adding at the end the following:
‘‘(e) STATUTE OF LIMITATIONS.—An action for re-
sponse costs or damages under subsection (c) shall be barred
unless the complaint is filed within 3 years after the date
on which the Secretary completes a damage assessment and
restoration plan for the sanctuary resources to which the
action relates.’’.
SEC. 112. 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
Secretary—
‘‘(1) to carry out this title, $26,000,000 for each
of fiscal years 2000, 2001, 2002, 2003, and 2004; and
‘‘(2) for construction projects at national marine
sanctuaries, $3,000,000 for each of fiscal years 2000,
2001, 2002, 2003, and 2004.’’.
SEC. 113. ADVISORY COUNCILS.
Section 315(a) (16 U.S.C. 1445a(a)) is amended by
striking ‘‘provide assistance to’’ and inserting ‘‘advise’’.
SEC. 114. USE OF NATIONAL MARINE SANCTUARY PROGRAM
SYMBOLS.
Section 316 (16 U.S.C. 1445b) is amended—
(1) in subsection (a)(4) by striking ‘‘use of any
symbol published under paragraph (1)’’ and inserting
‘‘manufacture, reproduction, or other use of any sym-
bol published under paragraph (1), including the sale
of items bearing such a symbol,’’;
(2) by amending subsection (e)(3) to read as fol-
lows:
‘‘(3) to manufacture, reproduce, or otherwise use
any symbol adopted by the Secretary under subsection
(a)(1), including to sell any item bearing such a sym-
bol, unless authorized by the Secretary under sub-
section (a)(4) or subsection (f); or’’; and
(3) by adding at the end the following:
‘‘(f) COLLABORATIONS.—The Secretary may authorize
the use of a symbol adopted by the Secretary under sub-
section (a)(1) by any person engaged in a collaborative ef-
fort with the Secretary to carry out the purposes and poli-
cies of this title and to benefit a national marine sanctuary
or the System.’’.
SEC. 115. CLERICAL AMENDMENTS.
(a) CORRECTION OF REFERENCES TO FORMER COM-
MITTEE.—The following provisions are amended by striking
‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Re-
sources’’:
(1) 
Section 
303(b)(2)(A) 
(16 
U.S.C. 
1433(b)(2)(A)).
(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
(3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
(b) CORRECTION OF REFERENCE TO RENAMED ACT.—
Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is
amended by striking ‘‘Fishery Conservation and Man-
agement’’.
(c) MISCELLANEOUS.—Section 312(a)(1) (16 U.S.C.
1443(a)(1)) is amended by striking ‘‘UNITED STATES’’ and
inserting ‘‘UNITED STATES’’.
TITLE II—RESERVES
SEC. 201. POLICIES AND PURPOSES.
(a) DECLARATION OF POLICY.—Section 303 of Public
Law 94–370 (16 U.S.C. 1452) is amended by striking
‘‘and’’ after the semicolon in paragraph (5), by striking the
period at the end of paragraph (6) and inserting a semi-
colon, and by adding at the end the following:
‘‘(7) to use Federal, State, and community part-
nerships developed through the system established by
section 315 to improve the understanding, steward-
ship, and management of coastal areas; and
‘‘(8) to encourage the development, application,
and transfer to local, State, and Federal resources
managers of innovative coastal and estuarine re-
sources management technologies and techniques that
promote the long-term conservation of coastal and es-
tuarine resources.’’.
(b) PURPOSE.—
(1) IN GENERAL.—Section 315(a) of such Act
(16 U.S.C. 1461(a)) is amended by adding at the end
the following: ‘‘The purpose of each national estuarine
reserve and of the System is to improve the under-
standing, stewardship, and management of coastal
areas.’’.
(2) DEFINITION.—Section 304(8) of such Act (16
U.S.C. 1453(8)) is amended to read as follows:
‘‘(8) The term ‘national estuarine reserve’ means an
area that is a national estuarine reserve under section
315.’’.
SEC. 202. AREAS THAT MAY BE DESIGNATED.
Section 315(b) of such Act (16 U.S.C. 1461(b)) is
amended by adding at the end the following:
‘‘An area designated under this section may include any
part or all of an estuary and any island, transitional area,
and upland in, adjoining, or adjacent to such estuary, that
constitutes, to the extent feasible, a natural unit.’’.
SEC. 203. DONATIONS.
Section 315(e) of such Act (16 U.S.C. 1461(e)) is
amended by adding at the end the following:
‘‘(4)(A) The Secretary may—
‘‘(i) enter into cooperative agreements or con-
tracts, with, or make grants to, any nonprofit organi-
zation established to benefit a national estuarine re-
serve, authorizing the organization to solicit dona-
tions to carry out projects, other than general admin-
istration of the reserve or the System, that are con-
sistent with the purpose of the reserve and the System;
and
‘‘(ii) accept donations of funds and services for
use in carrying out projects, other than general ad-
ministration of a national estuarine reserve or the
System, that are consistent with the purpose of the re-
serve and the System.
‘‘(B) Donations accepted under this paragraph shall
be considered as a gift or bequest to or for the use of the
United States for carrying out this section.’’.
SEC. 204. EVALUATIONS.
Section 315(f)(1) of such Act (16 U.S.C. 1461(f)(1))
is amended by inserting ‘‘coordination with State programs
established under section 306,’’ after ‘‘including’’.
SEC. 205. AUTHORIZATION.
Section 318(a) of such Act (16 U.S.C. 1464(a)) is
amended by striking ‘‘and’’ after the semicolon at the end
of paragraph (1)(C), and by striking paragraph (2) and
inserting the following:
‘‘(2) for grants under section 315—
‘‘(A) $7,000,000 for fiscal year 2000;
‘‘(B) $8,000,000 for fiscal year 2001;
‘‘(C) $9,000,000 for fiscal year 2002;
‘‘(D) $10,000,000 for fiscal year 2003; and
‘‘(E) $11,000,000 for fiscal year 2004; and
‘‘(3) for grants for construction projects at na-
tional estuarine reserves designated under section 315,
$12,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.’’.
Amend the title so as to read: ‘‘A bill to reauthorize
and amend the National Marine Sanctuaries Act, and for
other purposes.’’.