S. 1482 (es) To amend the National Marine Sanctuaries Act, and for other purposes. [Engrossed in Senate] ...

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        S.1482

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
  To 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 ``National Marine Sanctuaries 
Amendments Act of 2000''.

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 amendment or repeal 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. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
SYSTEM.
    (a) Clerical Amendment.--The heading for section 301 (16 U.S.C. 
1431) is amended to read as follows:
``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
SYSTEM.''.
    (b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
        (1) in paragraph (2) by striking ``research, educational, or 
    esthetic'' and inserting ``scientific, educational, cultural, 
    archeological, or esthetic'';
        (2) in paragraph (3) by adding ``and'' after the semicolon; and
        (3) by striking paragraphs (4), (5), and (6) and inserting the 
    following:
        ``(4) a Federal program which establishes areas of the marine 
    environment which have special conservation, recreational, 
    ecological, historical, cultural, archeological, scientific, 
    educational, or esthetic qualities as national marine sanctuaries 
    managed as the National Marine Sanctuary System will--
            ``(A) improve the conservation, understanding, management, 
        and wise and sustainable use of marine resources;
            ``(B) enhance public awareness, understanding, and 
        appreciation of the marine environment; and
            ``(C) maintain for future generations the habitat, and 
        ecological services, of the natural assemblage of living 
        resources that inhabit these areas.''.
    (c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is 
amended--
        (1) by striking ``significance;'' in paragraph (1) and 
    inserting ``significance and to manage these areas as the National 
    Marine Sanctuary System;'';
        (2) by striking paragraphs (3), (4), and (9);
        (3) by redesignating paragraphs (5) through (8) as paragraphs 
    (6) through (9), respectively;
        (4) by inserting after paragraph (2) the following:
        ``(3) to maintain the natural biological communities in the 
    national marine sanctuaries, and to protect, and, where 
    appropriate, restore and enhance natural habitats, populations, and 
    ecological processes;
        ``(4) to enhance public awareness, understanding, appreciation, 
    and wise and sustainable use of the marine environment, and the 
    natural, historical, cultural, and archeological resources of the 
    National Marine Sanctuary System;
        ``(5) to support, promote, and coordinate scientific research 
    on, and long-term monitoring of, the resources of these marine 
    areas;'';
        (5) in paragraph (8), as redesignated, by striking ``areas;'' 
    and inserting ``areas, including the application of innovative 
    management techniques; and''; and
        (6) in paragraph (9), as redesignated, by striking ``; and'' 
    and inserting a period.
    (d) Establishment of System.--Section 301 is amended by adding at 
the end the following:
    ``(c) Establishment of System.--There is established the National 
Marine Sanctuary System, which shall consist of national marine 
sanctuaries designated by the Secretary in accordance with this 
title.''.

SEC. 4. CHANGES IN DEFINITIONS.

    (a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is 
amended--
        (1) by striking ``and'' after the semicolon at the end of 
    subparagraph (B); and
        (2) by adding after subparagraph (C) the following:
            ``(D) the cost of curation and conservation of 
        archeological, historical, and cultural sanctuary resources; 
        and
            ``(E) the cost of enforcement actions undertaken by the 
        Secretary in response to the destruction or loss of, or injury 
        to, a sanctuary resource;''.
    (b) Response Costs.--Paragraph (7) of such section 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.
    (c) Sanctuary Resource.--Paragraph (8) of such section is amended 
by striking ``research, educational,'' and inserting ``educational, 
cultural, archeological, scientific,''.
    (d) System.--Such section is further amended--
        (1) by striking ``and'' after the semicolon at the end of 
    paragraph (8);
        (2) by striking the period at the end of paragraph (9) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(10) `System' means the National Marine Sanctuary System 
    established by section 301.''.
SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.
    (a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended 
to read as follows:
        ``(1) determines that--
            ``(A) the designation will fulfill the purposes and 
        policies of this title;
            ``(B) the area is of special national significance due to--
                ``(i) its conservation, recreational, ecological, 
            historical, scientific, cultural, archeological, 
            educational, or esthetic qualities;
                ``(ii) the communities of living marine resources it 
            harbors; or
                ``(iii) its resource or human-use values;
            ``(C) existing State and Federal authorities are inadequate 
        or should be supplemented to ensure coordinated and 
        comprehensive conservation and management of the area, 
        including resource protection, scientific research, and public 
        education;
            ``(D) designation of the area as a national marine 
        sanctuary will facilitate the objectives in subparagraph (C); 
        and
            ``(E) the area is of a size and nature that will permit 
        comprehensive and coordinated conservation and management; 
        and''.
    (b) Factors; Repeal of Report Requirement.--Section 303(b) (16 
U.S.C. 1433(b)) is amended--
        (1) in paragraph (1) 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 scientific value and value for monitoring 
        the resources and natural processes that occur there;
            ``(K) the feasibility, where appropriate, of employing 
        innovative management approaches to protect sanctuary resources 
        or to manage compatible uses; and
            ``(L) the value of the area as an addition to the 
        System.''; and
        (2) by striking paragraph (3).
SEC. 6. CHANGES IN 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 the 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.--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) A resource assessment that documents--
                ``(i) present and potential uses of the area, including 
            commercial and recreational fishing, research and 
            education, minerals and energy development, subsistence 
            uses, and other commercial, governmental, or recreational 
            uses;
                ``(ii) after consultation with the Secretary of the 
            Interior, any commercial, governmental, or recreational 
            resource uses in the areas that are subject to the primary 
            jurisdiction of the Department of the Interior; and
                ``(iii) information prepared in consultation with the 
            Secretary of Defense, the Secretary of Energy, and the 
            Administrator of the Environmental Protection Agency, on 
            any past, present, or proposed future disposal or discharge 
            of materials in the vicinity of the proposed 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 area.
                ``(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, 
            innovative management strategies, 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) 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.
                ``(vi) The proposed regulations referred to in 
            paragraph (1)(A).
            ``(D) Maps depicting the boundaries of the proposed 
        sanctuary.
            ``(E) The basis for the findings made under section 303(a) 
        with respect to the area.
            ``(F) An assessment of the considerations under section 
        303(b)(1).''.
    (c) 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.
    (d) 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 of, 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.''.
    (e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
        (1) by striking ``management techniques,'' and inserting 
    ``management techniques and strategies,''; and
        (2) by adding at the end the following: ``This review shall 
    include a prioritization of management objectives.''.
    (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) Finding required.--The Secretary may not publish in the 
    Federal Register any sanctuary designation notice or regulations 
    proposing to designate a new 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) Deadline.--If the Secretary does not submit the findings 
    required by paragraph (1) before February 1, 2004, the Secretary 
    shall submit to the Congress before October 1, 2004, a finding with 
    respect to whether the requirements of paragraph (2) have been met 
    by all existing sanctuaries.
        ``(3) Limitation on application.--Paragraph (1) does not apply 
    to any sanctuary designation documents for--
            ``(A) a Thunder Bay National Marine Sanctuary; or
            ``(B) a Northwestern Hawaiian Islands National Marine 
        Sanctuary.''.
    (g) Northwestern Hawaiian Islands Coral Reef Reserve.--
        (1) Presidential designation.--The President, after 
    consultation with the Governor of the State of Hawaii, may 
    designate any Northwestern Hawaiian Islands coral reef or coral 
    reef ecosystem as a coral reef reserve to be managed by the 
    Secretary of Commerce.
        (2) Secretarial action.--Upon the designation of a reserve 
    under paragraph (1) by the President, the Secretary shall--
            (A) take action to initiate the designation of the reserve 
        as a National Marine Sanctuary under sections 303 and 304 of 
        the National Marine Sanctuaries Act (16 U.S.C. 1433);
            (B) establish a Northwestern Hawaiian Islands Reserve 
        Advisory Council under section 315 of that Act (16 U.S.C. 
        1445a), the membership of which shall include at least 1 
        representative from Native Hawaiian groups; and
            (C) until the reserve is designated as a National Marine 
        Sanctuary, manage the reserve in a manner consistent with the 
        purposes and policies of that Act.
        (3) Public comment.--Notwithstanding any other provision of 
    law, no closure areas around the Northwestern Hawaiian Islands 
    shall become permanent without adequate review and comment.
        (4) Coordination.--The Secretary shall work with other Federal 
    agencies and the Director of the National Science Foundation, to 
    develop a coordinated plan to make vessels and other resources 

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