| Home > 106th Congressional Bills > S. 1482 (is) To amend the National Marine Sanctuaries Act, and for other purposes. [Introduced in Senate] ...
S. 1482 (is) To amend the National Marine Sanctuaries Act, and for other purposes. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 1482 _______________________________________________________________________ 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 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
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