Home > 106th Congressional Bills > H.R. 1243 (rh) To reauthorize the National Marine Sanctuaries Act. [Reported in House] ...

H.R. 1243 (rh) To reauthorize the National Marine Sanctuaries Act. [Reported in House] ...


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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sanctuaries and Reserves Act of 
1999''.

                  TITLE I--NATIONAL MARINE SANCTUARIES

SEC. 101. AMENDMENT OF NATIONAL MARINE SANCTUARIES 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, 
        archaeological,'' 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''.
    (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 System''; and
            (2) in paragraph (4) by inserting before the semicolon at 
        the end the following: ``and of the natural, 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 ``Magnuson 
        Fishery'' and inserting ``Magnuson-Stevens Fishery'';
            (2) Paragraph (6) is amended by striking ``and'' after the 
        semicolon at the end of subparagraph (B), and by adding after 
        subparagraph (C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources; and
                    ``(E) the cost of enforcement actions undertaken by 
                the Secretary for the destruction or loss of, or injury 
                to, a sanctuary resource;''.
            (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, 
        archaeological,'' after ``educational,''.
            (5) In paragraph (9) by striking ``Fishery Conservation 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 foreign government or any entity of 
        any such government; and
            ``(11) `System' means the National Marine Sanctuary System 
        established by section 303.''.

SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANCTUARY SYSTEM; SANCTUARY 
              DESIGNATION STANDARDS.

    (a) Establishment of National Marine Sanctuary 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 Designation Standards.--
There is established the National Marine Sanctuary System, which shall 
consist of national marine sanctuaries designated by the Secretary in 
accordance 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.''.
    (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 Designation 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 submitted to Office 
                of the Federal Register, the Secretary shall submit a 
                copy of that notice and the draft sanctuary designation 
                documents prepared pursuant to section 304(a)(2), 
                including an executive summary, to the Committee on 
                Resources of the House of Representatives, the 
                Committee on Commerce, Science, and Transportation 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 the public sanctuary designation 
        documents on the proposal that include the following:
                    ``(A) A draft environmental impact statement 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    ``(B)(i) A resource assessment report documenting 
                present and potential uses of the area proposed to be 
                designated as a national marine sanctuary, including 
                commercial and recreational fishing, research and 
                education, minerals and energy development, subsistence 
                uses, and other commercial, governmental, or 
                recreational uses.
                    ``(ii) The Secretary, in consultation with the 
                Secretary of the Interior, shall draft and include in 
                the report a resource assessment section 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 Energy, and the 
                Administrator, shall draft and include in the report a 
                resource assessment section that includes any 
                information on past, present, or proposed future 
                disposal or discharge 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 national security 
                regulations.
                    ``(C) A draft management plan for the proposed 
                national marine sanctuary that includes the following:
                            ``(i) The terms of the proposed 
                        designation.
                            ``(ii) Proposed mechanisms to coordinate 
                        existing regulatory and management authorities 
                        within the proposed sanctuary.
                            ``(iii) The proposed goals and objectives, 
                        management responsibilities, resource studies, 
                        and appropriate strategies for managing 
                        sanctuary resources of the proposed sanctuary, 
                        including interpretation and education, 
                        research, monitoring and assessment, resource 
                        protection, restoration, enforcement, and 
                        surveillance activities.
                            ``(iv) An evaluation of the advantages of 
                        cooperative State and Federal management if all 
                        or part of the proposed sanctuary 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 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)''.
    (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 appears.
    (e) Federal Agency Actions Affecting Sanctuary 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 resource in a 
        manner approved by the Secretary.''.
    (f) Limitation on Designation of New Sanctuaries.--Section 304 (16 
U.S.C. 1434) is amended by adding at the end the following:
    ``(f) Limitation on Designation of New Sanctuaries.--
            ``(1) Funding required.--The Secretary may not prepare any 
        sanctuary designation documents for a proposed designation of a 
        national marine sanctuary, 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 
                        resources, 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 documents for a Thunder Bay 
        National Marine Sanctuary.''.

SEC. 106. PROHIBITED ACTIVITIES.

    Section 306 (16 U.S.C. 1436) is amended--
            (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 follows:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any officer authorized to 
                enforce this title to board a vessel subject to such 
                person's control for the purposes of conducting any 
                search or inspection in connection with the enforcement 
                of this title;
                    ``(B) forcibly assaulting, resisting, opposing, 
                impeding, intimidating, or interfering with any person 
                authorized by the Secretary to implement this title or 
                any such authorized officer in the conduct of any 
                search or inspection performed 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''.

SEC. 107. ENFORCEMENT.

    (a) Powers of Authorized Officers To Arrest.--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 offense 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 commission of 
                such an offense uses a dangerous weapon, engages in 
                conduct that causes bodily injury to any person 

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