A bill to reauthorize title II of the Marine Protection, Research, and Sanctuaries Act of 1972, for fiscal years 1989 and 1990, and for other purposes.
PL 100-627 (H.R.4210), enacted 11/07/1988

PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3213 
Public Law 100-627 
100th Congress 
An Act 
To authorize appropriations to carry out titles II and III of the Marine Protection, 
j^ 
„ , ggg 
Research, and Sanctuaries Act of 1972, to establish the National Oceans Policy 
' ' 
Commission, and for other purposes. 
[H.R. 4210] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—COMPREHENSIVE OCEAN DUMPING RESEARCH 
PROGRAM AMENDMENTS AND AUTHORIZATION 
SEC. 101. RESEARCH TO BE CONSISTENT WITH COMPREHENSIVE PLAN. 
Subsection (a) of section 202 of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 1442(a)) is amended by adding 
at the end the following: 
"(3) The Secretary of (Commerce shall ensure that the comprehen-
sive and continuing research program conducted under this subsec-
tion is consistent with the comprehensive plan for ocean pollution 
research and development and monitoring prepared under section 4 
of the National Ocean Pollution Planning Act of 1978 (33 U.S.C. 
1703).". 
SEC. 102. ANNUAL REPORT. 
Section 204 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1444) is amended by adding at the end the 
following: 
"(c) On October 31 of each year, the Under Secretary shall report 
to the Congress the specific programs that the National Oceanic and 
Atmospheric Administration and the Environmental Protection 
Agency carried out pursuant to this title in the previous fiscal year, 
specifically listing the amount of funds allocated to those specific 
programs in the previous 
fisc^d 
year.". 
SEC. 103. AUTHORIZATION. 
Section 205 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1445) is amended— 
(1) by striking "and" immediately following "fiscal year 
1986,"; and 
(2) by striking "1987." and inserting in lieu thereof "1987, not 
- to exceed $13,500,000 for fiscal year 1989, and not to exceed 
$14,500,000 for fiscal year 1990.". 
TITLE II—NATIONAL MARINE SANCTUARIES PROGRAM 
AMENDMENTS AND AUTHORIZATION 
SEC. 201. DEFINITION OF ACT. 
For purposes of this title, the term "Act" means title III of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1431-1439). 
102 STAT. 3214 
PUBLIC LAW 100-627—NOV. 7, 1988 
SEC. 202. SANCTUARY DESIGNATION PROCEDURE AMENDMENTS. 
Paragraph (1) of section 304(b) of the Act (16 U.S.C. 1434(bXl)) is 
Federal 
amended by inserting after the second sentence the following: "The 
Register, 
Secretary shall issue a notice of designation with respect to a 
publication. 
proposed national marine sanctuary site not later than 30 months 
after the date a notice declaring the site to be an active candidate 
for sanctuary designation is published in the Federal Register under 
regulations issued under this Act, or shall publish not later than 
such date in the Federal Register findings regarding why such 
notice has not been published.". 
SEC. 203. PROMOTION AND COORDINATION OF RESEARCH; SPECIAL USE 
PERMITS; USE OF DONATIONS. 
The Act is amended— 
16USC1438. 
(1) by striking section 308; 
16 use 1439. 
(2) by redesignating section 309 as section 308; and 
(3) by adding at the end the following: 
16USC1440. 
"SEC. 309. PROMOTION AND COORDINATION OF RESEARCH. 
"The Secretary shall take such action as is necessary to promote 
and coordinate the use of national marine sanctuaries for research 
purposes, including— 
"(1) requiring that the National Oceanic and Atmospheric 
Administration, in conducting or supporting marine research, 
give priority to research involving national marine sanctuaries; 
and 
"(2) consulting with other Federal and State agencies to 
promote use by such agencies of one or more sanctuaries for 
marine research. 
16 use 1441. 
"SEC. 310. SPECIAL USE PERMITS. 
"(a) ISSUANCE OF PERMITS.—The Secretary may issue special use 
permits which authorize the conduct of specific activities in a na-
tional marine sanctuary if the Secretary determines such authoriza-
tion is necessary— 
"(1) to establish conditions of access to and use of any sanc-
tuary resource; or 
"(2) to promote public use and understanding of a sanctuary 
resource. 
"(b) PERMIT TERMS.—A permit issued under this section— 
"(1) shall authorize the conduct of an activity only if that 
activity is compatible with the purposes for which the sanctuary 
is designated and with protection of sanctuary resources; 
"(2) shall not authorize the conduct of any activity for a 
period of more than 5 years unless renewed by the Secretsiry; 
"(3) shall require that activities carried out under the permit 
be conducted in a manner that does not destroy, cause the loss 
of, or injure sanctuary resources; and 
"(4) shall require the permittee to purchase and maintain 
comprehensive general liability insurance against claims aris-
ing out of activities conducted under the permit and to agree to 
hold the United States harmless against such claims. 
"(c) FEES.— 
"(1) ASSESSMENT AND COLLECTION.—The Secretary may assess 
and collect fees for the conduct of any activity under a permit 
issued under this section. 
PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3215 
"(2) AMOUNT.—^The amount of a fee under this subsection 
shall be equal to the sum of— 
"(A) costs incurred, or expected to be incurred, by the 
Secretary in issuing the permit; 
"(B) costs incurred, or expected to be incurred, by the 
Secretary as a direct result of the conduct of the activity for 
which the permit is issued, including costs of monitoring 
the conduct of the activity; and 
"(Q an amount which represents the fair market value of 
the use of the sanctuary resource and a reasonable return 
to the United States Government. 
"(3) USE OF FEES.—Amounts collected by the Secretary in the 
form of fees under this section may be used by the Secretary— 
"(A) for issuing and administering permits under this 
section; and 
"(B) for expenses of designating and managing national 
marine sanctuaries. 
"(d) VIOLATIONS.—^Upon violation of a term or condition of a 
permit issued under this section, the Secretary may— 
"(1) suspend or revoke the permit without compensation to 
the permittee and without liabUity to the United States; 
"(2) assess a civU penalty in accordance with section 307; or 
"(3) both. 
"(e) RraoRTS.—^£^h 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 derived from such activities during 
the year. 
"(£) FiSEONG.—^Nothing in this section shall be considered to re-
quire a person to obtain a permit under this section for the conduct 
of any fishing activities in a national marine sanctuary. 
*«EC. 311. COOPERATIVE AGREEMENTS AND DONATIONS. 
16 USC 1442. 
"(a) Ox>PERATivE AGREEMENTS.—^The Secretary may enter into 
cooperative agreements with any nonprofit organization— 
"(1) to aid and promote interpretive, historical, scientific, and 
educational activities; and 
"(2) for the solicitation of private donations for the support of 
such activities. 
"(b) DONATIONS.—^The Secretary may accept donations of funds, 
property, and services for use in designating and administering 
national marine sanctuaries under this title.". 
SEC. 204. DESTRUCTION O
R LOSS OF. O
R INJURY TO. SANCTUARY 
RESOURCES. 
(a) LiABiuTT FOR DESTRUCTION OR LOSS OF, OR INJURY TO. SANC-
TUARY RESOURCES.—^The Act is amended by adding at the end the 
following: 
"SEC 312- DESTRUCnON OR LOSS OF. O
R INJURY TO, SANCTUARY 16 USC 1443. 
RESOURCES. 
"(a) LIABILITY.— 
"(1) IN GENERAL.—Subject to paragraph (3), any person who 
destroys, causes the loss of, or injures any sanctuary resource is 
, liable to the United States for response costs and damages 
resulting from such destruction, loss, or ii\jury. 
102 STAT. 3216 
PUBLIC LAW 100-627—NOV. 7, 1988 
"(2) LIABILITY IN REM.—Any vessel used to destroy, cause the 
loss of, or injure any sanctuary resource shall be liable in rem to 
the United States for response costs and damages resulting from 
such destruction, loss, or injury. 
"(3) DEFENSES.—A person is not liable under this subsection if 
that person establishes that— 
"(A) the destruction or loss of, or iiyury to, the sanctuary 
resource was caused solely by an act of God, an act of war, 
or an act or omission of a third party, and the person acted 
with due care; 
"(B) the destruction, loss, or injury was caused by an 
activity authorized by Federal or State law; or 
"(C) the destruction, loss, or injury was negligible. 
"(b) RESPONSE ACTIONS AND DAMAGE ASSESSMENT.— 
"(1) RESPONSE ACTIONS.—The Secretary may undertake all 
necessary actions to prevent or minimize the destruction or loss 
of, or injury to, sanctuary resources, or to minimize the im-
minent risk of such destruction, loss, or injury. 
"(2) DAMAGE ASSESSMENT.—The Secretary shall assess dam-
ages to sanctuary resources in accordance with section 302(6). 
"(c) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The 
Attorney General, upon request of the Secretary, may commence a 
civil action in the United States district court for the appropriate 
district against any person or vessel who may be liable under 
subsection (a) for response costs and damages. The Secretary, acting 
as trustee for sanctuary resources for the United States, shall 
submit a request for such an action to the Attorney (Jeneral when-
ever a person may be liable for such costs or damages. 
"(d) USE OF RECOVERED AMOUNTS.—Response costs and damages 
recovered by the Secretary under this section and civil penalties 
under section 307 shall be retained by the Secretary in the manner 
provided for in section 107(fKl) of the Comprehensive Environ-
mental Response, Compensation and Liability Act (42 U.S.C. 
9607(fXl)), and used as follows: 
"(1) RESPONSE COSTS AND DAMAGE ASSESSMENTS.—Twenty per-
cent of amounts recovered under this section, up to a maximum 
balance of $750,000, shall be used to finance response actions 
and damage assessments by the Secretary. 
"(2) RESTORATION, REPLACEMENT, MANAGEMENT, AND IMPROVE-
MENT.—Amounts remaining after the operation of paragraph (1) 
shall be used, in order of priority— 
"(A) to restore, replace, or acquire the equivalent of the 
sanctuary resources which were the subject of the action; 
"(B) to manage and improve the national marine sanc-
tuary within which are located the sanctuary resources 
which were the subject of the action; and 
"(C) to manage and improve any other national marine 
sanctuary. 
"(3) USE OF CIVIL PENALTIES.—Amounts recovered under sec-
tion 307 in the form of civil penalties shall be used by the 
Secretary in accordance with section 307(e) and paragraphs 
(2) (B) and (C) of this subsection. 
"(4) 
FEDERAL-STATE 
COORDINATION.—Amounts 
recovered 
under this section with respect to sanctuary resources Ijdng 
within the jurisdiction of a State shall be used under para-
graphs (2) (A) and (B) in accordance with an agreement entered 
into by the Secretary and the Governor of that State.". 
PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3217 
(b) DAMAcas, RBSPONSB COSIS, AND SANCTUARY KESOUKCE DB-
IINBDL—Section 302 of the Act (16 U.S.C. 1432) is amended— 
(1) by striking "and" at tiie end of paragraph (4); 
(2) ^ 
striking the pmod in paragraph (5) and inserting 
"; and*'; and 
@) by adding at the end the following: 
"(6) 'damages' includes— 
'XA) ocMnp«]sati<m for— 
'XiXD the cost of replacing, restoring, or acquiring the 
equivalent of a sanctuary resource; and 
"(XO the value <^ the lost use of a sanctuary resource 
pending its restoration or replacement or the acquisi-
iaaa of an equivalent sanctuary resource; or 
**&d the value of a sanctuary resource if the sanc-
tuary resource cannot be restored or replaced or if the 
equivalent of such resource cannot be acquired; and 
"(B) the cost of damage assessments under section 
312(bX2>. 
"(7) 'respcmse costs' means the costs of actions taken by the 
Secr^aiy to minimize destruction or loss of, or injury to, sanc-
tuary resources, or to minimise the imminent risks of such 
destruction, loss, or injury; and 
"(8) 'sanctuary resource' means any living or nonliving re-
source of a national marine sanctuary that contributes to the 
conservation, recreational, ecological, historical, research, edu-
cational, or aesthetic value <^ the sanctuary.". 
(c) EnscnvE DATB.—Amounts in the form of damages received by 16 use 1443 
the United States after November 30,1986, for destruction or loss of, ^oiB. 
or injury to, a sanctuary resource (as that term is defined in section 
302(8) of the Act (as amended by tliis Act)) shall be subject to section 
312 dT the Act (as amended by dns Act). 
SEC. 2KL ACnONS WITH RBSPECTTO N
E
W S
A
N
C
I
T
J
A
R
I
E
S
w 
(sO IssDANCX <v NomcB OP DESiGNATiON.^nie Secretary of Com-
merce shall issue a notice of designation under section 304(bXl) of 
the Act (16 U.S.C. 1434(bXl)>-
(1) wUh respett to the proposed Cordell Banks National 
Biarine Sanctuary as generally described in the Federal R o -
ister notice dJuiae 30,1983, not later than December 31, 1988; 
(2) with respect to the Flower Garden Banks National Marine 
Sanctuary as generally described in the Federal R^^ister notice 
of August 2,1984, not later than March 31, 1989; 
(3) with respect to the Monterey Bay National Marine Sanc-
tuary as generally described in the Federal Register notice of 
December 31, 1979, not later than December 31, 1989; and 
(4) with respect to the Western Washington (>uter <>oast 
NatiiMial Bfarine Sanctuary as generally described in the Fed-
eral Blister notice of August ^ 1983, not later than June 30, 
1990. 
(b) S(jBii]ssn>N OF I^tosPBCTTUSES.-Hie Secretary of Commerce 
shall submit a prospectus under section 304(aKlXC) and (aX5) of the 
Act (16 U.S.C. 1434(aXlXQ and (aX5)) to the Ck>mmittee on Merchant 
Marine and Flsh^es of the H<Mise of Representatives and to the 
Committee on CcMnmerce, Sdenoe, and Transportation of the 
Senate— 
102 STAT. 3218 
PUBLIC LAW 100-627—NOV. 7, 1988 
(1) with respect to the Stellwagen Bank National Marine 
Sanctuary, as generally described in the Federal R^^ister notice 
of August 4, 1983, not later than September 30, 1990; and 
(2) witib respect to the Northern Puget Sound National 
Blarine Sanctuary, as generally described as the Washii^gton 
State Nearshore area in the Federal Register notice of Augi^ 4, 
1983, not later than Maxt^h 31,1991. 
SBC 20L STUDY OF AREAS FOR DESIGNATION AS OR INCLUSION IN 
NATIONAL MARINE SANCTUARIES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretaiy of Commerce shall conduct a 
study of the areas described in subsection (c) for purposes of 
making determinations and findings in accordance with section 
303(a) of the Act (16 Ui3.C. 1433(a))— 
(A) regarding whether or not all or any part of such areas 
are appropriate for designation as national marine sanc-
tuaries in accordance with the Act; and 
(B) regarding whether or not all or any part of the areas 
desoibed in subsection (c) (1), (2), and (3) should be added to 
and administered as part of the Key Laigo National Marine 
Sanctuary or the Looe Key National Marine Sanctuary. 
(2) REPORT.—^Not later than 2 years after the date of the 
enactment of this Act, the Secreta^^ of Commerce shall submit 
a report to the Conmiittee on Merchant Marine and Fisheries of 
the House of Representatives and to the Committee on Com-
merce, Science, and Transportation of the Senate which sets 
forth the determinations and findings referred to in i)aragraph 
(1). 
(b) DESIGNATION OR EXPANSION OF MARINE SANCTUARIES.—If as a 
result of a study conducted pursuant to subsection (a) the Secretary 
of Commerce makes the determinations and findings set forth in 
section 303(a) of the Act (16 U.S.C. 1433(a)) with respect to all or any 
part of the areas described in subsection (c), the Secretary of Com-
merce, in accordance with the procedures for the designation of 
national marine sanctuaries set forth in section 304 of the Act (16 
UAC. 1434)— 
(1) shall designate such areas or parts of such areas as 
national marine sanctuaries; or 
(2) shall, with respect to all or any part of the areas described 
in subsections (c) (1), (2), and (3), add such areas or parts of such 
areas to the K ^ Largo National Marine Sanctuary or the Looe 
Key National Marine Sanctuary; 
as the Secretsuy of Commerce considers appropriate. 
(c) AREAS DESCRIBED.—^The areas referred to in subsections (a) and 
(b) are the following: 
Florida. 
(1) AMERICAN SHOAL.—The portion of the marine environment 
in the Florida E^ys in the vicinity of American Shoal, including 
the part of such environment located generally between such 
shoal and the Marquesas Keys. 
(2) SOMBRERO KEY.—^The portion of the marine environment in 
the Florida Keys in the vicinity of and surrounding Sombrero 
Key. 
(3) ALLIGATOR REEF.—The portion of the marine environment 
in the Florida Keys in the vicinity of and surrounding Alligator 
Beef, including the portion located generally between such reef 
and the Key hargo National Marine Sanctuary. 
PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3219 
(4) SANTA MONICA BAY.—^The portion of the marine environ- 
California. 
ment off the coast of California commonly referred to as Santa 
Monica Bay, consisting of an area described generally as fol-
lows: B^inning at the point known as Point Dume near the 
western extent of Santa Monica Bay, proceed generally south-
east along the shoreline to the point known as Point Vincente 
near the southern extent of Santa Monica Bay; then west to the 
900 meter bathymetric contour; then generally northwest along 
the 900 meter bathymetric contour to a point due west of Point 
Dume; then east to Point Dume at the point of b^inning. 
(d) DEFINITION OF MARINE ENVIRONMENT.—For the purposes of 
this section, the term "marine environment" has the meaning such 
term has in section 302(3) of the Act (16 U.S.C. 1432(b)). 
SEC 207. ENFORCEMENT AMENDMENTS. 
Section 307 of the Act (16 U.S.C. 1437) is amended to read as 
follows: 
"SEa 307. ENFORCEMENT. 
"(a) IN GENERAL.—^The Secretary shall conduct such enforcement 
activities as are necessary and reasonable to carry out this title. 
"(b) POWERS OF AUTHORIZED OFFICERS.—Any person who is 
authorized to enforce this title may— 
"(1) board, search, inspect, and seize any vessel suspected of 
being used to violate this title or any r^ulation or permit 
issued under this title and any equipment, stores, and cargo of 
such vessel; 
"(2) seize wherever found any sanctuary resource taken or 
retained in violation of this title or any r^ulation or permit 
issued under this title; 
"(3) seize any evidence of a violation of this title or of any 
r^ulation or permit issued under this title; 
(4) execute any warrant or other process issued by any court 
of competent jurisdiction; and 
"(5) exercise any other lawful authority. 
"(c) OvTL PENALTIES.— 
"(1) CIVIL PENALTY.—Any person subject to the jurisdiction of 
the United States who violates this title or any r^ulation or 
S
ennit issued under this title shall be liable to the United 
tates for a civil penalty of not more than $50,000 for each such 
violation, to be assessed by the Secretary. Eiach day of a continu-
ing violation shall constitute a separate violation. 
(2) NOTICE.—No penalty shall be assessed under this subsec-
tion until after the person charged has been given notice and an 
opportunity for a hearing. 
(3) IN REM JURISDICTION.—A vessel used in violating this title 
or any r^ulation or permit issued under this title shall be 
liable in rem for any civil penalty assessed for such violation 
and may be proceeded against in any district court of the 
United States having jurisdiction. 
"(4) REVIEW OF CIVIL PENALTY.—Any person against whom a 
civil penalty is assessed under this subsection may obtain 
review in the United States district court for the appropriate 
district by filing a complaint in such court not later than 30 
davs after the date of such order. 
(5) COLLECTION OF PENALTIES.—^If any person fails to pay an 
assessment of a civil penalty under this section after it has 
102 STAT. 3220 
PUBLIC LAW 100-627—NOV. 7, 1988 
become a final and unappealable order, or after the appropriate 
court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General, who 
shall recover the amount assessed in any appropriate district 
court of the United States. In such action, the validity and 
appropriateness of the final order imposing the civil penalty 
shall not be subject to review. 
"(6) COMPROMISE O
R OTHER ACTION B
Y SECRETARY.—The Sec-
retary may compromise, modify, or remit, with or without 
conditions, any civil penalty which is or may be imposed under 
this section. 
"(d) FORFEITURE.— 
"(1) IN GENERAL.—Any vessel (including the vessel's equip-
ment, stores, and cargo) and other item used, and any sanctuary 
resource taken or retained, in any manner, in connection with 
or as a result of any violation of this title or of any regulation or 
permit issued under this title shall be subject to forfeiture to the 
United States pursuant to a civil proceeding under this 
subsection. 
"(2) APPUCATION OF THE CUSTOMS LAWS.—The Secretary may 
exercise the authority of any United States official granted by 
any relevant customs law relating to the seizure, forfeiture, 
condemnation, disposition, remission, and mitigation of prop-
erty in enforcing this title. 
(3) DISPOSAL OF SANCTUARY RESOURCES.—Any sanctuary re-
source seized pursuant to this title may be disposed of pursuant 
to an order of the appropriate court, or, if perishable, in a 
manner prescribed by regulations promulgated by the Sec-
retary. Any proceeds from the sale of such sanctuary resource 
shall for all purposes represent the sanctuary resource so dis-
posed of in any subsequent legal proceedings. 
"(4) PRESUMPTION.—For the purposes of this section there is a 
rebuttable presumption that all sanctuary resources found on 
board a vessel that is used or seized in connection with a 
violation of this title or of any regulation or permit issued under 
this title were taken or retained in violation of this title or of a 
regulation or permit issued under this title. 
"(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.— 
"(1) IN GENERAL.—Notwithstanding any other law, the Sec-
retary may use amounts received under this section in the form 
of civil penalties, forfeitures of property, and costs imposed 
under paragraph (2) to pay— 
(A) the reasonable and necessary costs incurred by the 
Secretary in providing temporary storage, care, and mainte-
nance of any sanctuary resource or other property seized 
under this section pending disposition of any civil proceed-
ing relating to any alleged violation with respect to which 
such property or sanctuary resource was seized; and 
"(B) a reward to any person who furnishes information 
leading to an assessment of a civil penalty, or to a forfeiture 
of property, for a violation of this title or of any regulation 
or permit issued under this title. 
"(2) LiABiUTY FOR COSTS.—Any person assessed a civil penalty 
for a violation of this title or of any regulation or permit issued 
under this title, and any claimant in a forfeiture action brought 
for such a violation, shall be liable for the reasonable costs 
incurred by the Secretary in storage, care, and maintenance of 
PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3221 
any sanctuaiy resouioe or other property seized in connection 
wiUi the violsrfion. 
*tO SuBPCKNAS.—^In the case of any hearing under this tsectlon 
wliidi 18 determined on the record in accordance widi the proce-
dures provided for under section 554 of title 5, United States Oxle, 
the Secretary may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers, books, and 
doomients, and may administer oaths. 
**igi UsB OP RESOUBCES OF STATE AND OTHZS FEDERAL AGENCIES.— 
The Secretary shall, whenever appropriate, use by agreement the 
personnel, services, and facilities of State and other Federal depart-
ments, agraocies, and instnunentalities, on a reimbursable or 
nonrehnbursable basis, to carry out the Secretary's responsibilities 
mider this secticm. 
* ^ COAST GUABD AUTHOIUTY NOT LnirrED.—Nothing in this 
aecticm sball be OMisidered to limit the authority of the Coast Guard 
to enf<»oe this <
H
r any other Federal law under section 89 of title 14, 
United States Code. 
t o buuNcnvB RELIEF.—If the Secretary determines that there is 
an imminmt r i ^ <^ destruction or loss of or injury to a sanctuary 
resooroe, or that there has been actual destruction or loss of, or 
nqory to, a sanctuary resource which may give rise to liabUity 
under sectim 312, the Attorney General, upon request of the Sec-
retary, shadl seek to obtain such relief as may be necessary to abate 
andi risk or actual destruction, loss, or injury, or to restore or 
replace the sanctuary resource, or both. Tlie d^rict courts of the Courts, U.S. 
United States shall have jurisdiction in such a case to order such 
rdief as the public interest and the equities of the case may 
require.". 
SB& SM. AUTHORIZATION OF APPROPRIATIONS; U.S& MONITOR ARTI-
FACTS AND MATERIALS. 
Tlie Act is amended by adding at the end the following: 
'VBC 31X AUTHORIZATION OF APPROPRIATIONS. 
16 USC 1444. 
"There are authorized to be appropriated to the Secretary to carry 
out this title the following: 
"(1) GENERAL ADMINISTRATION.—^For general administration 
of this title— 
'XA) $1,800,000 for fiscal year 1989; 
"(B) $1,900,000 for fiscal year 1990; 
"iO $2,000,000 for fiscal year 1991; and 
"(D) $2,100,000 for fiscal year 1992. 
"@) MANAGEMENT OF SANCTUARIES.—^For management of 
national marine sanctuaries designated under this title— 
"(A) $2,000,000 for fiscal year 1989; 
'XB) $2,500,000 for fiscal year 1990; 
*\0 $3,000,000 for fiscal year 1991; and 
"(D) $3,250,000 for fiscal year 1992. 
**&) ^TK R
E
V
I
E
W AND ANALYSIS.—For leview and analysis of 
sites for designation under this title as national marine 
sanctuaries— 
"(A) $450,000 for fiscal year 1989; 
'tB) $500,000 for fiscal year 1990; 
"(C) $550,000 for fiscal year 1991; and 
'XD) $600,000 for fiscal year 1992. 
102 STAT. 3222 
PUBLIC LAW 100-627—NOV. 7, 1988 
North Carolina. 
"SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS. 
"(a) CONGRESSIONAL POUCY.—In recognition of the historical 
significance of the wreck of the United States ship Monitor to 
coastal North Carolina and to the area off the coast of North 
Carolina known as the Graveyard of the Atlantic, the Congress 
directs that a suitable display of artifacts and materials from the 
United States ship Monitor be maintained permanently at an appro-
priate site in coastal North Carolina. 
"(b) INTERPRETATION AND DISPLAY OF ARTIFACTS.— 
"(1) SUBMISSION OF PLAN.—The Secretary shall, within six 
months after the date of the enactment of this section, submit to 
the Committee on Merchant Marine and Fisheries of the House 
of Representatives a plan for a suitable display in coastal North 
Carolina of artifacts and materials of the United States ship 
Monitor. 
"(2) CONTENTS OF PLAN.—The plan submitted under subsec-
tion (a) shall, at a minimum, contain— 
"(A) an identification of appropriate sites in coastal 
North Carolina, either existing or proposed, for display of 
artifacts and materials of the United States ship Monitor; 
"(B) an identification of suitable artifacts and materials, 
including artifacts recovered or proposed for recovery, for 
display in coastal North Carolina; 
(C) an interpretive plan for the artifacts and materials 
which focuses on the sinking, discovery, and subsequent 
management of the wreck of the United States ship Mon-
itor; and 
"(D) a draft cooperative agreement with the State of 
North Carolina to implement the plan. 
"(c) DISCLAIMER.—This section shall not affect the following: 
"(1) RESPONSIBILITIES OF SECRETARY.—The responsibilities of 
the Secretary to provide for the protection, conservation, and 
display of artifacts and materials from the United States ship 
Monitor. 
Virginia. 
"(2) AUTHORITY OF SECRETARY.—The authority of the Sec-
retary to designate the Mariner's Museum, located at Newport 
News, Virginia, as the principal museum for coordination of 
activities referred to in paragraph (1).". 
SEC. 209. CHANNEL ISLANDS NATIONAL MARINE SANCTUARY PROTEC-
TION. 
(a) REPORT.—The Secretary of Transportation, not later than 6 
months after the date of the enactment of this Act, shall transmit to 
Congress— 
(1) the provisions of international conventions and United 
States laws and regulations which reduce the risk of a vessel 
collision or incident resulting in damage to the environment in 
the Channel Islands National Marine Sanctuary; 
(2) the provisions of the National Contingency Plan for re-
moval of oil and hazardous substances prepared under section 
311(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(c)) which enable the Secretary to effectively respond to an 
oil pollution incident in or affecting the Channel Islands 
National Marine Sanctuary; 
(3) a list of pollution exercises conducted under that National 
Contingency Plan in the Santa Barbara Channel before the date 
of the enactment of this Act, and a schedule of pollution exer-
PUBLIC LAW 100-627—NOV. 7, 1988 
102 STAT. 3223 
dses scheduled to be conducted under that plan in that channel 
during the 12 months following the date of the enactment of 
this Act; and 
(4) a report on the establishment— 
(A) under the Ports and Waterways Safety Act (33 U.S.C. 
1221 et seq.) of safety fairways off the coast of California; 
and 
(B) of the Long Beach NAVTEX in Long Beach, Califor-
nia. 
(b) STUDY REVIEW AND REPOBT.—^The Secretaury of Transportation 
shall review all Federal, State, and local studies conducted on the 
hazards of shipping operations and the risks those operations pose to 
the environment and natural resources of the Channel Islands 
National Marine Sanctuary, and report to the Congress not later 
than 6 months after the date of the enactment of this Act on the 
status and recommendations of each of those studies. The Secretary 
shall include in the report a recommendation on whether an alter-
nate vessel traffic separation scheme would reduce the risks of 
shipping operations to the environment and natural resources in the 
Channel Islands National Marine Sanctuary. 
(c) PROPOSAL OF DESIGNATION OF AREA TO BE AVOIDED.—The Sec-
retary of Transportation shall prepare and submit a proposal to the 
International Maritime Organization to designate the portion of the 
Channel Islands National Marine Sanctuary which is outside of the 
Santa Barbara Channel Traffic Separation Scheme, as an area to be 
avoided. The Secretary shall ensure that the proposal would not 
result in undue interference with international vessel traffic in the 
Santa Barbara Channel, with operations associated with the United 
States Navy Pacific Missile Test Range, or with enjoyment of the 
Channel Islands National Marine Sanctuary under title III of the 
National Marine Protection, Research, and Sanctuaries Act of 1972 
(16U.S.C.1431etseq.). 
SEC 210. REGULATIONS. 
16 USC 1432 
note. 
Not later than one year after the date of the enactment of this 
Act, the Secretary of Commerce— 
(1) shall propose r^ulations implementing the amendments 
made by this title; and 
(2) shall issue final r^ulations implementing the amend-
ments made by the Marine Sanctuaries Amendments of 1984. 
Approved November 7, 1988. 
LEGISLATIVE HISTORY—H.R. 4210: 
HOUSE REPORTS: No. 100-624, Pt. 1 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 3, 4, considered and passed House. 
Oct. 12, considered and passed Senate, amended. 
Oct. 13, House concurred in Senate amendments.