National Marine Sanctuaries Preservation Act
PL 104-283 (H.R.543), enacted 10/11/1996

PUBLIC LAW 104-283—OCT. 11, 1996 
110 STAT. 3363 
Public Law 104-283 
104th Congress 
An Act 
To reauthorize the National Marine Sanctuaries Act, and for other purposes. 
Oct. 11, 1996 
[H.R. 543] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
National Marine 
Sanctuaries 
SECTION 1. SHORT TITLE. 
Preservation Act. 
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 simendment 
to, or repeal of, a section or other provision, the reference shaU 
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 16 USC 1445 
U.S.S. MONITOR. 
note. 
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, eind 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. PUBUCATION 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". 
29-194 O-96-10:QL3Part5 
110 STAT. 3364 
PUBLIC LAW 104-283—OCT. 11, 1996 
SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. 
16USC1431 
(a) INCORPORATION OF EXISTING PROVISION.—Section 316 (16 
note, 1442 note, 
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 
16 use 1445b. 
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; 
£Uld 
(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): 
Contracts. 
"(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. 
PUBLIC LAW 104-283—OCT. 11, 1996 
110 STAT. 3365 
(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 Sanctusoy 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 Notices. 
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 Meu-ine 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 imacceptable, the management plan, regulation, or 
term, respectively, shall not take effect in the area of the Sanctuary 
Ijdng within the seaward boimdary 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 fulfQled, 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. 
"(2XA) If, within 45 days after the Secretary issues the docu-
ments required imder subsection (bX2)(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. 
110 STAT. 3366 
PUBLIC LAW 104-283—OCT. 11, 1996 
16 use 1433 
note. 
Effective date. 
"(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 p£u*t 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"; 
PUBLIC LAW 104-283—OCT. 11, 1996 
110 STAT. 3367 
(B) labeled "Stetson" on the High Island Area South 
Addition diagram on that map; £ind 
(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 Federal Register, 
as practicable after the date of the enactment of this Act, publication, 
publish in the Federal Register a notice describing— 
(A) the boundaries of the Flower Garden Banks 
National Marine Sanctusiry, 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 tne notice required to be pubHshed 
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 
16 USC1442. 
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- 
16 USC 1443. 
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". 
110 STAT. 3368 
PUBLIC LAW 104-283—OCT. 11, 1996 
16 use 1431 
note, 1445a. 
Washington. 
16 use 1433 
note. 
(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(bX3)) 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. 
PUBLIC LAW 104-283—OCT. 11, 1996 
110 STAT. 3369 
SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK 
16USC1433 
NATIONAL MARINE SANCTUARY. 
note. 
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". 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—H.R. 543: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 28, considered and passed House and Senate.