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] ...


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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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