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Union Calendar No. 130
106th CONGRESS
1st Session
H. R. 1243
[Report No. 106-224]
_______________________________________________________________________
A BILL
To reauthorize the National Marine Sanctuaries Act.
_______________________________________________________________________
July 12, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Union Calendar No. 130
106th CONGRESS
1st Session
H. R. 1243
[Report No. 106-224]
To reauthorize the National Marine Sanctuaries Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 1999
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources
July 12, 1999
Additional sponsors: Mr. Faleomavaega, Mr. Pallone, Mrs. Napolitano,
Mr. Ortiz, and Mr. Vento
July 12, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
24, 1999]
_______________________________________________________________________
A BILL
To reauthorize the National Marine Sanctuaries Act.
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 ``National Marine Sanctuaries
Enhancement 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,''; and
(2) in paragraph (5) by inserting ``of national marine
sanctuaries managed as the National Marine Sanctuary System''
after ``program''.
(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), by inserting ``and''
after the semicolon at the end of subparagraph (C), and by
adding after subparagraph (C) the following:
``(D) the cost of curation and conservation of
archaeological, historical, and cultural sanctuary
resources;''.
(3) Paragraph (7) is amended by inserting ``, including
costs related to seizure, forfeiture, storage, or disposal
arising from liability under section 312'' after ``injury''.
(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 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) to the
Committee on Resources of the House of Representatives
and the Committee on Commerce, Science and
Transportation of the Senate;''.
(b) Sanctuary Designation Documents.--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 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 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 innovative approaches such as marine
zoning, 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.''.
(c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 1434(a)(4))
is amended 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''.
(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
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