IIB
106TH CONGRESS
1ST SESSION
H. R. 1243
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 22, 1999
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To reauthorize and amend 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,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sanctuaries and Re-
serves 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 provi-
sion, the reference shall be considered to be made to a
section or other provision of the National Marine Sanc-
tuaries 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,’’;
(2) in paragraph (4) by inserting ‘‘as national
marine sanctuaries’’ after ‘‘environment’’;
(3) in paragraph (5) by inserting ‘‘of national
marine sanctuaries managed as the National Marine
Sanctuary System’’ after ‘‘program’’; and
(4) in paragraph (6) by striking ‘‘special areas’’
and inserting ‘‘national marine sanctuaries’’.
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(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 re-
sources 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
‘‘Magnuson Fishery’’ and inserting ‘‘Magnuson-Ste-
vens Fishery’’;
(2) Paragraph (6) is amended by striking
‘‘and’’ after the semicolon at the end of subpara-
graph (B), and by adding after subparagraph (C)
the following:
‘‘(D) the cost of curation and conservation
of archaeological, historical, and cultural sanc-
tuary resources; and
‘‘(E) the cost of enforcement actions un-
dertaken by the Secretary for the destruction or
loss of, or injury to, a sanctuary resource;’’.
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(3) Paragraph (7) is amended by inserting ‘‘,
including costs related to seizure, forfeiture, storage,
or disposal arising from liability under section 312’’
after ‘‘injury’’ the second place it appears.
(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
Sanctuary System established by section 303.’’.
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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 fol-
lowing:
‘‘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
period at the end of subparagraph (I) and inserting a
semicolon, and by adding at the end the following:
‘‘(J) the area’s value as a site for marine
resources monitoring and assessment activities;
and
‘‘(K) the value of the area as an addition
to the System.’’.
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(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
notice required under subparagraph (A) is sub-
mitted to Office of the Federal Register, the
Secretary shall submit a copy of that notice and
the draft sanctuary designation documents pre-
pared pursuant to section 304(a)(2), including
an executive summary, to the Committee on Re-
sources of the House of Representatives, the
Committee on Commerce, Science, and Trans-
portation of the Senate, and the Governor of
each State in which any part of the proposed
sanctuary would be located.’’.
(b) SANCTUARY DESIGNATION DOCUMENTS.—
(1) 
IN
GENERAL.—Section 
304(a)(2) 
(16
U.S.C. 1434(a)(2)) is amended to read as follows:
‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—
The Secretary shall prepare and make available to
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the public 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 sec-
tion regarding any commercial, governmental,
or recreational resource uses in the area under
consideration that are subject to the primary
jurisdiction 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 sec-
tion that includes any information on past,
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present, or proposed future disposal or dis-
charge of materials in the vicinity of the area
proposed to be designated as a national marine
sanctuary. Public disclosure by the Secretary of
such information shall be consistent with na-
tional security regulations.
‘‘(C) A draft management plan for the pro-
posed national marine sanctuary that includes
the following:
‘‘(i) The terms of the proposed des-
ignation.
‘‘(ii) Proposed mechanisms to coordi-
nate existing regulatory and management
authorities within the proposed sanctuary.
‘‘(iii) The proposed goals and objec-
tives, 
management 
responsibilities, 
re-
source studies, and appropriate strategies
for managing sanctuary resources of the
proposed sanctuary, including interpreta-
tion and education, research, monitoring
and assessment, resource protection, res-
toration, enforcement, and surveillance ac-
tivities.
‘‘(iv) An evaluation of the advantages
of cooperative State and Federal manage-
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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 re-
ferred 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 designa-
tion, including costs of personnel, equipment
and facilities, enforcement, research, and public
education.’’.
(2) 
CONFORMING
AMENDMENT.—Section
302(1) (16 U.S.C. 1432(1)) is amended by striking
‘‘304(a)(1)(C)(v)’’ and inserting ‘‘304(a)(2)(C)’’.
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(c) TERMS OF DESIGNATION.—Section 304(a)(4) (16
U.S.C. 1434(a)(4)) is amended in the first sentence by
inserting ‘‘cultural, archaeological,’’ 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’’ the second place it ap-
pears.
(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 injury to a sanctuary resource, the head of the
agency shall promptly prevent and mitigate further
damage and restore or replace the sanctuary re-
source 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
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for a proposed designation of a national marine
sanctuary, unless the Secretary has published a find-
ing 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-
uments for a Thunder Bay National Marine Sanc-
tuary.’’.
SEC. 106. PROHIBITED ACTIVITIES.
Section 306 (16 U.S.C. 1436) is amended—
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(1) in the matter preceding paragraph (1) by
inserting ‘‘for any person’’ after ‘‘unlawful’’;
(2) in paragraph (2) by inserting ‘‘offer for
sale, purchase, import, export,’’ after ‘‘sell,’’; and
(3) by amending paragraph (3) to read as fol-
lows:
‘‘(3) interfere with the enforcement of this title
by—
‘‘(A) refusing to permit any officer author-
ized to enforce this title to board a vessel sub-
ject to such person’s control for the purposes of
conducting any search or inspection in connec-
tion with the enforcement of this title;
‘‘(B) forcibly assaulting, resisting, oppos-
ing, impeding, intimidating, or interfering with
any person authorized by the Secretary to im-
plement this title or any such authorized officer
in the conduct of any search or inspection per-
formed under this title; or
‘‘(C) knowingly and willfully submitting
false information to the Secretary or any officer
authorized to enforce this title in connection
with any search or inspection conducted under
this title; or’’.
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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 para-
graph (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
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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 per-
son in fear of imminent bodily injury, shall be
fined under title 18, United States Code, im-
prisoned 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. RESEARCH, MONITORING, AND EDUCATION.
Section 309 (16 U.S.C. 1440) is amended to read as
follows:
‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
‘‘(a) IN GENERAL.—The Secretary shall conduct,
support, and coordinate research, monitoring, and edu-
cation programs consistent with subsections (b) and (c)
and the purposes and policies of this title.
‘‘(b) RESEARCH AND MONITORING.—
‘‘(1) IN GENERAL.—The Secretary may—
‘‘(A) support, promote, and coordinate re-
search on, and long-term monitoring of, sanc-
tuary resources and natural processes that
occur in national marine sanctuaries, including
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exploration, mapping, and environmental and
socioeconomic assessment;
‘‘(B) develop and test methods to enhance
degraded habitats or restore damaged, injured,
or lost sanctuary resources; and
‘‘(C) support, promote, and coordinate re-
search on the cultural, archaeological, and his-
torical resources of national marine sanctuaries.
‘‘(2) AVAILABILITY OF RESULTS.—The results
of research and monitoring conducted or supported
by the Secretary under this subsection shall be made
available to the public.
‘‘(c) EDUCATION.—
‘‘(1) IN
GENERAL.—The Secretary may sup-
port, promote, and coordinate efforts to enhance
public awareness, understanding, and appreciation of
national marine sanctuaries. Efforts supported, pro-
moted, or coordinated under this subsection must
emphasize the conservation goals and public uses of
national marine sanctuaries.
‘‘(2) 
EDUCATIONAL
ACTIVITIES.—Activities
under this subsection may include education of the
general public, teachers, students, national marine
sanctuary users, and ocean and coastal resource
managers.
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‘‘(d) INTERPRETIVE FACILITIES.—
‘‘(1) IN GENERAL.—The Secretary may develop
interpretive facilities near any national marine sanc-
tuary.
‘‘(2) FACILITY REQUIREMENT.—Any facility de-
veloped under this subsection must emphasize the
conservation goals and public uses of national ma-
rine sanctuaries by providing the public with infor-
mation about the natural, biological, ecological, and
social functions and values of the national marine
sanctuary, including its public uses.
‘‘(e) CONSULTATION AND COORDINATION.—In con-
ducting, supporting, and coordinating research, moni-
toring, and education programs under subsection (a) and
developing interpretive facilities under subsection (d), the
Secretary may consult or coordinate with Federal agen-
cies, States, local governments, regional agencies, or other
persons, including the National Estuarine Reserve Sys-
tem.’’.
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’’;
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(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
Secretary 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 activ-
ity that does not derive profit from the use of sanc-
tuary resources.’’; and
(5) by amending subsection (e) to read as fol-
lows:
‘‘(e) 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
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agreements with, or make grants to, States, local govern-
ments, regional agencies, interstate agencies, or other per-
sons 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
agency 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, inter-
state 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.
(a) VENUE FOR CIVIL ACTIONS.—Section 312(c) (16
U.S.C. 1443(c)) is amended—
(1) by inserting ‘‘(1)’’ before the first sentence;
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(2) in paragraph (1) (as so designated) in the
first sentence by striking ‘‘in the United States dis-
trict court for the appropriate district’’; and
(3) 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 ac-
tion against a vessel; or
‘‘(C) the destruction of, loss of, or injury to a
sanctuary resource occurred.’’.
(b) USE OF RECOVERED AMOUNTS.—Section 312(d)
(16 U.S.C. 1443(d)) is amended by striking paragraphs
(1) and (2) and inserting the following:
‘‘(1) RESPONSE COSTS.—Amounts recovered by
the United States for costs of response actions and
damage assessments under this section shall be
used, as the Secretary considers appropriate—
‘‘(A) to reimburse the Secretary or any
other Federal or State agency that conducted
those activities; and
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‘‘(B) after reimbursement of such costs, to
restore, replace, or acquire the equivalent of
any sanctuary resource.
‘‘(2) OTHER AMOUNTS.—All other amounts re-
covered shall be used, in order of priority—
‘‘(A) to restore, replace, or acquire the
equivalent of the sanctuary resources that were
the subject of the action, including for costs of
monitoring and the costs of curation and con-
servation of archaeological, historical, and cul-
tural sanctuary resources;
‘‘(B) to restore degraded sanctuary re-
sources of the national marine sanctuary that
was the subject of the action, giving priority to
sanctuary resources and habitats that are com-
parable to the sanctuary resources that were
the subject of the action; and
‘‘(C) to restore degraded sanctuary re-
sources of other national marine sanctuaries.’’.
(c) STATUTE
OF LIMITATIONS.—Section 312 (16
U.S.C. 1443) is amended by adding at the end the fol-
lowing:
‘‘(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
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the date on which the Secretary completes a damage as-
sessment 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 ma-
rine 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 PRO-
GRAM 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 insert-
ing ‘‘manufacture, reproduction, or other use of any
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symbol published under paragraph (1), including the
sale of items bearing such a symbol,’’;
(2) by amending subsection (e)(3) to read as
follows:
‘‘(3) to manufacture, reproduce, or otherwise
use any symbol adopted by the Secretary under sub-
section (a)(1), including to sell any item bearing
such a symbol, unless authorized by the Secretary
under subsection (a)(4) or subsection (f); or’’; and
(3) by adding at the end the following:
‘‘(f) COLLABORATIONS.—The Secretary may author-
ize the use of a symbol adopted by the Secretary under
subsection (a)(1) by any person engaged in a collaborative
effort with the Secretary to carry out the purposes and
policies of this title and to benefit a national marine sanc-
tuary or the System.’’.
SEC. 115. CLERICAL AMENDMENTS.
(a) CORRECTION OF REFERENCES TO FORMER COM-
MITTEE.—The following provisions are amended by strik-
ing ‘‘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)).
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(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 Manage-
ment’’.
(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—NATIONAL ESTUARINE
RESERVES
SEC. 201. POLICIES.
(a) DECLARATION OF POLICY.—Section 303 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1452)
is amended by striking ‘‘and’’ after the semicolon in para-
graph (5), by striking the period at the end of paragraph
(6) and inserting a semicolon, and by adding at the end
the following:
‘‘(7) to use Federal, State, and community
partnerships developed through the system estab-
lished by section 315 to improve the understanding,
stewardship, 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
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that promote the long-term conservation of coastal
and estuarine resources.’’.
SEC. 202. NATIONAL ESTUARINE RESERVE SYSTEM.
Section 315 of such Act (16 U.S.C. 1461(b)) is
amended to read as follows:
‘‘NATIONAL ESTUARINE RESERVE SYSTEM
‘‘SEC. 315. (a) ESTABLISHMENT OF THE SYSTEM.—
(1) There is established the National Estuarine Reserve
System. The System shall consist of—
‘‘(A) each estuarine sanctuary designated under
this section as in effect before the date of the enact-
ment of the Coastal Zone Management Reauthoriza-
tion Act of 1985; and
‘‘(B) each estuarine area designated as a na-
tional estuarine reserve under subsection (b).
‘‘(2) The purpose of the System and of each national
estuarine reserve is to improve the understanding, stew-
ardship, and management of estuarine and coastal areas
through a network of areas protected by Federal, State,
and community partnerships that promotes informed man-
agement of such areas through integrated programs in re-
source stewardship, education and training, and scientific
understanding.
‘‘(3) Each estuarine sanctuary referred to in para-
graph (1)(A) is hereby designated as a national estuarine
reserve.
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‘‘(b) DESIGNATION OF NATIONAL ESTUARINE RE-
SERVES.—The Secretary may designate an estuarine area
as a national estuarine reserve if—
‘‘(1) the Government of the coastal state in
which the area is located nominates the area for that
designation; and
‘‘(2) the Secretary finds that—
‘‘(A) the estuarine area is a representative
estuarine ecosystem that is suitable for long-
term research and contributes to the biogeo-
graphical and typological balance of the System;
‘‘(B) the law of the coastal state provides
long-term protection for reserve resources to en-
sure a stable environment for research, edu-
cation, and resource stewardship;
‘‘(C) designation of the area as a reserve
will serve to enhance public awareness and un-
derstanding of estuarine areas, and provide
suitable opportunities for education, interpreta-
tion, training, and demonstration projects to
improve coastal management; and
‘‘(D) the coastal state in which the area is
located has complied with the requirements of
any regulations issued by the Secretary to im-
plement this section.
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‘‘(c) ESTUARINE RESEARCH, EDUCATION, AND RE-
SOURCE STEWARDSHIP GUIDELINES.—(1) The Secretary
shall develop guidelines for the conduct of research, edu-
cation, and resource stewardship within the System that
shall include—
‘‘(A) a mechanism for identifying, and estab-
lishing priorities among, the coastal management
issues that should be addressed through coordinated
research, education, and resource stewardship within
the System;
‘‘(B) the establishment of common principles
and objectives to guide the development of research,
education, and resource stewardship programs with-
in the Systems;
‘‘(C) the identification of uniform research
methodologies which will ensure comparability of
data, the broadest application of research results,
and the maximum use of the System for research
purposes;
‘‘(D) the establishment of performance stand-
ards upon which the effectiveness of the research,
education, and resource stewardship efforts and the
value of reserves within the System in addressing
the coastal management issues identified in subpara-
graph (A) may be measured; and
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‘‘(E) the consideration of sources of funds for
estuarine research, education, and resource steward-
ship in addition to the funds authorized under this
Act, and strategies for encouraging the use of such
funds within the System, with particular emphasis
on mechanisms established under subsection (d).
‘‘(2) In developing the guidelines under this section,
the Secretary shall consult with prominent members of the
estuarine research, education, and resource stewardship
community.
‘‘(d) PROMOTION AND COORDINATION OF ESTUA-
RINE RESEARCH, EDUCATION, AND RESOURCE STEWARD-
SHIP.—(1) The Secretary shall take such actions as are
necessary to promote and coordinate the use of the System
for research, education, and resource stewardship pur-
poses.
‘‘(2) Actions under this subsection shall include the
following:
‘‘(A) Requiring that research, education, and
resource stewardship activities administered or sup-
ported by the Secretary and relating to estuaries
give priority consideration to activities that use the
System.
‘‘(B) Consulting with other Federal and State
agencies to promote use of one or more reserves
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within the System by such agencies when conducting
estuarine research, education, and resource steward-
ship activities.
‘‘(C) Establishing partnerships with other Fed-
eral and State estuarine management programs to
coordinate and collaborate on estuarine research,
education, and resource stewardship.
‘‘(e) FINANCIAL ASSISTANCE.—(1) The Secretary
may, in accordance with such rules and regulations as the
Secretary shall promulgate, make grants—
‘‘(A) to a coastal state—
‘‘(i) for purposes of acquiring such lands
and waters, and any property interests therein,
as are necessary to ensure the appropriate long-
term management of an area as a national es-
tuarine reserve;
‘‘(ii) for purposes of operating or man-
aging a national estuarine reserve and con-
structing appropriate reserve facilities; or
‘‘(iii) for purposes of conducting edu-
cational or interpretive activities; and
‘‘(B) to any coastal state or public or private
person for purposes of supporting research and mon-
itoring within a national estuarine reserve that are
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consistent with the research guidelines developed
under subsection (c).
‘‘(2) Financial assistance provided under paragraph
(1) shall be subject to such terms and conditions as the
Secretary considers necessary or appropriate to protect
the interests of the United States, including requiring
coastal states to execute suitable title documents setting
forth the property interest or interests of the United
States in any lands and waters acquired in whole or part
with such financial assistance.
‘‘(3)(A) The amount of the financial assistance pro-
vided under paragraph (1)(A)(i) with respect to the acqui-
sition of lands and waters, or interests therein, for any
one national estuarine reserve may not exceed an amount
equal to 50 percent of the costs of the lands, waters, and
interests therein or $5,000,000, whichever amount is less.
‘‘(B)(i) Except as provided in clause (ii), the amount
of the financial assistance provided under paragraph
(1)(A)(ii) and paragraph (1)(B) may not exceed 70 per-
cent of the costs incurred to achieve the purposes de-
scribed in those paragraphs with respect to a reserve.
‘‘(ii) The amount of financial assistance provided for
education and interpretive activities under paragraph
(1)(A)(iii) or research and monitoring activities under
paragraph (1)(B) may be up to 100 percent of any costs
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for activities that service the System as a whole, including
System-wide monitoring equipment acquisition, data man-
agement, and data synthesis, and administration and syn-
thesis of System-wide research programs.
‘‘(C) Notwithstanding subparagraphs (A) and (B), fi-
nancial assistance under this subsection provided from
amounts recovered as a result of damage to natural re-
sources located in the coastal zone may be used to pay
100 percent of the costs of activities carried out with the
assistance.
‘‘(4)(A) The Secretary may—
‘‘(i) enter into cooperative agreements or con-
tracts, with, or make grants to, any nonprofit orga-
nization established to benefit a national estuarine
reserve, authorizing the organization to solicit dona-
tions to carry out projects, other than general ad-
ministration of the reserve or the System, that are
consistent 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
reserve and the System.
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area, over a period of years, has not been consistent
with the guidelines developed under subsection (c).
‘‘(g) REPORT.—The Secretary shall include in the re-
port required under section 316 information regarding—
‘‘(1) new designations of national estuarine re-
serves;
‘‘(2) any expansion of existing national estua-
rine reserves;
‘‘(3) the status of the research, education, and
resource stewardship program being conducted with-
in the System; and
‘‘(4) a summary of the evaluations made under
subsection (f).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘estuarine area’ means an area
that—
‘‘(A) is comprised of—
‘‘(i) any part or all of an estuary; and
‘‘(ii) any part or all of any island,
transitional area, and upland in, adjoining,
or adjacent to such estuary; and
‘‘(B) constitutes, to the extent feasible, a
natural unit.
‘‘(2) The term ‘System’ means the National Es-
tuarine Reserve System established by this section.’’.
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SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
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 and land acquisition directly related to such
construction, $12,000,000 for each of fiscal years
2000, 2001, 2002, 2003, and 2004.’’.
SEC. 204. CONFORMING AMENDMENT.
Section 304(8) of such Act (16 U.S.C. 1453(8)) is
amended to read as follows:
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‘‘(8) The term ‘national estuarine reserve’ means an
area that is designated as a national estuarine reserve
under section 315.’’.
Passed the House of Representatives September 21,
1999.
Attest:
JEFF TRANDAHL,
Clerk.