A bill to amend title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, to authorize appropriations for such title for fiscal years 1980 and 1981, and for other purposes.
PL 96-332 (S.1140), enacted 08/29/1980

PUBLIC LAW 96-332—AUG. 29, 1980 
94 STAT. 1057 
Public Law 96-332 
96th Congress 
An Act 
To amend title III of the Marine Protection, Research, and Sanctuaries Act of 1972, 
as amended, to authorize appropriations for such title for fiscal years 1980 and 
1981, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That section 301 of 
the Marine Protection, Research, and Sanctuaries Act of 1972 (16 
U.S.C. 1431) is amended by adding at the end thereof a new sentence 
to read as follows: "The term 'State', when used in this title, means 
any of the several States or any territory or possession of the United 
States which has a popularly elected Governor.". 
SEC. 2. Section 302 of the Marine Protection, Research, and Sanctu-
aries Act of 1972 (16 U.S.C. 1432) is amended— 
(1) in subsection Ob), by inserting "(1)" after "(b)", by striking 
out the second sentence thereof, and by inserting at the end 
thereof the following new paragraph: 
"(2) A designation under this section shall become effective 
unless— 
"(A) the Governor of any State described in paragraph (1) 
certifies to the Secreteuy, before the end of the sixty-day period 
beginning on the date of the publication of the designation, that 
the designation or any of its terms described in subsection (fKD, 
are unacceptable to his State, in which case those terms certified 
as unacceptable will not be effective in the waters described in 
paragraph (1) in such State until the Governor withdraws his 
certification of unacceptability; or 
"(B) both Houses of Congress adopt a concurrent resolution in 
accordance with subsection (h) which disapproves the designa-
tion or any of its terms described in subsection (f)(1). 
The Secretary may withdraw the designation after any such certifica-
tion or resolution of disapproval. If the Secretary does not withdraw 
the designation, only those portions of the designation not certified as 
unacceptable under subparagraph (A) or not disapproved under 
subparagraph (B) shall take effect."; 
(2) by amending subsection (f) to read as follows: 
"(fKD The terms of the designation shall include the geographic 
area included within the sanctuary; the characteristics of the area 
that give it conservation, recreational, ecological or esthetic value; 
and the types of activities that will be subject to regulation by the 
Secretary in order to protect those characteristics. The terms of the 
designation may be modified only by the same procedures through 
which an original designation is made. 
"(2) The Secretary, after consultation with other interested Federal 
and State agencies, shall issue necessary and reasonable regulations 
to implement the terms of the designation and control the activities 
described in it, except that all permits, licenses, and other authoriza-
tions issued pursuant to any other authority shall be valid unless 
such regulations otherwise provide. 
Aug. 29, 1980 
[S. 1140] 
Marine 
Protection, 
Research, and 
Sanctuaries Act 
of 1972, 
appropriation 
authorization. 
"State." 
Designation. 
Designation 
withdrawal. 
Designation 
terms. 
Regulations. 
94 STAT. 1058 
PUBLIC LAW 96-332—AUG. 29, 1980 
Research. 
Enforcement. 
Transmittal to 
Congress. 
Publication in 
Federal 
Register. 
"(8) The Secretary shall conduct such research as is necessary and 
reasonable to carry out the purposes of this title. 
"(4) The Secretary and the Secretary of the department in which 
the Coast Guard is operating shall conduct such enforcement activi-
ties as are necessary and reasonable to carry out the purposes of this 
title. The Secretary shall, whenever appropriate and in consultation 
with the Secretary of the department in which the Coast Guard is 
operating, utilize by agreement the personnel, services, and facilities 
of other Federal departments, agencies, and instrumentalities, or 
State agencies or instrumentalities, whether on a reimbursable or a 
nonreimbursable basis in carrying out his responsibilities under this 
title."; and 
(3) by inserting at the end thereof the following new subsection: 
"(h)(1) For purposes of subsection 03)(2)(B), the Secretary shall 
transmit to the Congress a designation of a marine sanctuary at the 
time of its publication. The concurrent resolution described in subsec-
tion (b)(2)(B) is a concurrent resolution which is adopted by both 
Houses of Congress before the end of the first period of sixty calendar 
days of continuous session of Congress after the date on which the 
designation is transmitted, the matter after the resolving clause of 
which is as follows: 'That the Congress does not favor the taking of 
effect of the following terms of the marine sanctuary designation 
numbered 
transmitted to Congress by the Secretary of 
Commerce on 
: 
.', the blank space being 
filled with the number of the designation, the second blank space 
being filled with the date of the transmittal, and the third blank 
space being filled with the terms of the designation which are 
disapproved (or the phrase 'the entire designation' if the entire 
designation is disapproved). 
"(2) For the purpose of paragraph (1) of this subsection— 
"(A) continuity of session is broken only by an adjournment of 
Congress sine die; and 
"(B) the days on which either House is not in session because of 
an adjournment of more than three days to a day certain are 
excluded in the computation of the sixty-day period. 
"(3) A designation which becomes effective, or that portion of a 
designation which takes effect under subsection (b), shall be printed 
in the Federal Register.". 
PUBLIC LAW 96-332—AUG. 29, 1980 
94 STAT. 1059 
SEC. 3. Section 304 of the Marine Protection, Research, and Sanctu-
aries Act of 1972 (16 U.S.C. 1434) is amended— 
(1) by striking out "and" immediately after "fiscal year 1977,"; 
and 
(2) by adding immediately after "fiscal year 1978" the follow-
ing: "and not to exceed $2,250,000 for fiscal year 1981". 
Approved August 29, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-894, pt. 1 (Comm. on Merchant Marine and Fisheries) and 
pt. 2 (Comm. on Science and Technology), both accompanying H.R. 
6616. 
SENATE REPORT No. 96-148 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): May 22, considered and passed Senate. 
Vol. 126 (1980): May 12, 13, H.R. 6616 considered and passed House; passage 
vacated and S. 1140, amended, passed in lieu. 
Aug. 18, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 35 (1980): Aug. 29, Presidential statement.