[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3487 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H. R. 3487


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 1996

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
   To reauthorize 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 
Preservation Act''.

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 to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of National Marine Sanctuaries 
Act (16 U.S.C. 1431-1445a).

SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT.

    Section 313 (16 U.S.C. 1444) is amended to read as follows:

``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out this title--
            ``(1) $12,000,000 for fiscal year 1997;
            ``(2) $15,000,000 for fiscal year 1998; and
            ``(3) $18,000,000 for fiscal year 1999.''.

SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR.

    The Secretary of Commerce shall, within 12 months after the date of 
the enactment of this Act, prepare and submit to the Committee on 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a long-range, 
comprehensive plan for the management, stabilization, preservation, and 
recovery of artifacts and materials of the United States Ship Monitor. 
In preparing and implementing the plan, the Secretary shall to the 
extent feasible utilize the resources of other Federal and private 
entities with expertise and capabilities that are helpful.

SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS.

    Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting 
before the period at the end the following: ``, except that in the case 
of a meeting of an Advisory Council established to provide assistance 
regarding any individual national marine sanctuary the notice is not 
required to be published in the Federal Register''.

SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

    (a) Incorporation of Existing Provision.--Section 316 (16 U.S.C. 
1445 note) is redesignated as section 317, section 2204 of the National 
Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5049) is 
moved so as to appear in the National Marine Sanctuaries Act following 
section 315, and that moved section is designated as section 316 of the 
National Marine Sanctuaries Act.
    (b) Amendment of Incorporated Section.--Section 316, as moved and 
designated by subsection (a) of this section, is amended as follows:
            (1) Subsections (a), (g), and (h) are struck, and 
        subsections (b), (c), (d), (e), and (f) are redesignated as 
        subsections (a), (b), (c), (d), and (e), respectively.
            (2) In subsection (a), as so redesignated, the matter 
        preceding paragraph (1) is struck and the following is 
        inserted:
    ``(a) Authority.--The Secretary may establish a program consisting 
of--''.
            (3) In subsection (a)(5), as so redesignated--
                    (A) ``establishment'' is struck and 
                ``solicitation'' is inserted; and
                    (B) ``fees'' is struck and ``monetary or in-kind 
                contributions'' is inserted.
            (4) In subsection (a)(6), as so redesignated--
                    (A) ``fees'' is struck and ``monetary or in-kind 
                contributions'' is inserted;
                    (B) ``paragraph (5)'' is struck and ``paragraphs 
                (5) and (6)'' is inserted;
                    (C) ``assessed'' is struck and ``collected'' is 
                inserted; and
                    (D) ``in an interest-bearing revolving fund'' is 
                struck.
            (5) In subsection (a)(7), as so redesignated--
                    (A) ``and use'' is inserted after ``expenditure'';
                    (B) ``fees'' is struck and ``monetary and in-kind 
                contributions'' is inserted; and
                    (C) ``and any interest in the fund established 
                under paragraph (6)'' is struck.
            (6) In subsection (a), as so redesignated, paragraphs (5), 
        (6), and (7) are redesignated in order as paragraphs (6), (7), 
        and (8), and the following new paragraph is inserted after 
        paragraph (4):
            ``(5) the creation, marketing, and selling of products to 
        promote the national marine sanctuary program, and entering 
        into exclusive or nonexclusive agreements authorizing entities 
        to create, market or sell on the Secretary's behalf;''.
            (7) The following new sentence is added at the end of 
        subsection (a), as so redesignated:
``Monetary and in-kind contributions raised through the sale, 
marketing, or use of symbols and products related to an individual 
national marine sanctuary shall be used to support that sanctuary.''.
            (8) In subsection (e), as so redesignated--
                    (A) paragraph (2) is struck;
                    (B) in paragraph (1), ``(1)'' is struck, and 
                subparagraphs (A), (B), (C), and (D) are redesignated 
                as paragraphs (1), (2), (3), and (4); and
                    (C) in paragraph (3), as so redesignated, ``fee'' 
                is struck and ``monetary or in-kind contribution'' is 
                inserted.
            (9) In each of subsections (b), (c), and (d), as so 
        redesignated, by striking ``subsection (b)'' and inserting 
        ``subsection (a)''.

SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.

    (a) Inclusion of Kahoolawe Island Waters.--Section 2305 of the 
Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(A)'' and inserting ``(a)''; and
                    (B) by striking ``the area described in subsection 
                (b) is'' and inserting ``the area described in 
                subsection (b)(1) and any area included under 
                subsection (b)(2) are'';
            (2) by amending subsection (b)(2) to read as follows:
    ``(2)(A) Within 6 months after the date of receipt of a request in 
writing from the Kahoolawe Island Reserve Commission for inclusion 
within the Sanctuary of the area of the marine environment within 3 
nautical miles of the mean high tide line of Kahoolawe Island (in this 
section referred to as the `Kahoolawe Island waters'), the Secretary 
shall determine whether those waters may be suitable for inclusion in 
the Sanctuary.
    ``(B) If the Secretary determines under subparagraph (A) that the 
Kahoolawe Island waters may be suitable for inclusion within the 
Sanctuary--
            ``(i) the Secretary shall provide notice of that 
        determination to the Governor of Hawaii; and
            ``(ii) the Secretary shall prepare a supplemental 
        environmental impact statement, management plan, and 
        implementing regulations for that inclusion in accordance with 
        this Act, the National Marine Sanctuaries Act, and the National 
        Environmental Policy Act of 1969.''; and
            (3) by amending subsection (c) to read as follows:
    ``(c) Effect of Objection by Governor.--(1)(A) If, within 45 days 
after the date of issuance of the comprehensive management plan and 
implementing regulations under section 2306, the Governor of Hawaii 
certifies to the Secretary that the management plan, the implementing 
regulations, or any term of the plan or regulations is unacceptable, 
the management plan, regulation, or term, respectively, shall not take 
effect in the area of the Sanctuary lying within the seaward boundary 
of the State of Hawaii.
    ``(B) If the Secretary considers that an action under subparagraph 
(A) will affect the Sanctuary in such a manner that the policy or 
purposes of this title cannot be fulfilled, the Secretary may terminate 
the designation under subsection (a). At least 30 days before that 
termination, the Secretary shall submit written notice of the 
termination to the Committee on Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    ``(2)(A) If, within 45 days after the Secretary issues the 
documents required under subsection (b)(2)(B)(ii), the Governor of 
Hawaii certifies to the Secretary that the inclusion of the Kahoolawe 
Island waters in the Sanctuary or any term of that inclusion is 
unacceptable--
            ``(i) the inclusion or the term shall not take effect; and
            ``(ii) subsection (b)(2) shall not apply during the 3-year 
        period beginning on the date of that certification.
    ``(B) If the Secretary considers that an action under subparagraph 
(A) regarding a term of the inclusion of the Kahoolawe Island waters 
will affect the inclusion or the administration of the Kahoolawe Island 
waters as part of the Sanctuary in such a manner that the policy or 
purposes of this title cannot be fulfilled, the Secretary may terminate 
that inclusion.''.
    (b) Limitation on User Fees.--The Hawaiian Islands National Marine 
Sanctuary Act (16 U.S.C. 1433 note) is further amended by redesignating 
section 2307 as section 2308, and by inserting after section 2306 the 
following new section:

``SEC. 2307. LIMITATION ON USER FEES.

    ``(a) Limitation.--The Secretary shall not institute any user fee 
under this Act or the National Marine Sanctuaries Act for any activity 
within the Hawaiian Islands National Marine Sanctuary or any use of the 
Sanctuary or its resources.
    ``(b) User Fee Defined.--In this section, the term `user fee' does 
not include--
            ``(1) any fee authorized by section 310 of the National 
        Marine Sanctuaries Act;
            ``(2) any gift or donation received under section 311 of 
        that Act; and
            ``(3) any monetary or in-kind contributions under section 
        316 of that Act.''.

SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.

    (a) Modification.--Notwithstanding section 304 of the National 
Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower 
Garden Banks National Marine Sanctuary, as designated by Public Law 
102-251, are amended to include the area described in subsection (d), 
popularly known as Stetson Bank. This area shall be part of the Flower 
Garden Banks National Marine Sanctuary and shall be managed and 
regulated as though it had been designated by the Secretary of Commerce 
under the National Marine Sanctuaries Act.
    (b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce 
shall--
            (1) prepare a chart depicting the boundaries of the Flower 
        Garden Banks National Marine Sanctuary, as modified by this 
        section; and
            (2) submit copies of this chart to the Committee on 
        Resources of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate.
    (c) Application of Regulations.--Regulations issued by the 
Secretary of Commerce to implement the designation of the Flower Garden 
Banks National Marine Sanctuary shall apply to the area described in 
subsection (d), unless modified by the Secretary. This subsection shall 
take effect 45 days after the date of enactment of this Act.
    (d) Area Described.--
            (1) In general.--Except as provided in paragraph (2), the 
        area referred to in subsections (a), (b), and (c) is the area 
        that is--
                    (A) generally depicted on the Department of the 
                Interior, Minerals Management Service map titled 
                ``Western Gulf of Mexico, Lease Sale 143, September 
                1993, Biologically Sensitive Areas, Map 3 of 3, 
                Final'';
                    (B) labeled ``Stetson'' on the High Island Area 
                South Addition diagram on that map; and
                    (C) within the 52 meter isobath.
            (2) Minor boundary adjustments.--The Secretary of Commerce 
        may make minor adjustments to the boundaries of the area 
        described in paragraph (1) as necessary to protect living coral 
        resources or to simplify administration of the Flower Garden 
        Banks National Marine Sanctuary and to establish precisely the 
        geographic boundaries of Stetson Bank. The adjustments shall 
        not significantly enlarge or otherwise alter the size of the 
        area described in paragraph (1), and shall not result in the 
        restriction of oil and gas activities otherwise permitted 
        outside of the ``no activity'' zone designated for Stetson Bank 
        as that zone is depicted on the Minerals Management Service map 
        entitled ``Final Notice of Sale 161, Western Gulf of Mexico, 
        Biological Stipulation Map Package''.
    (e) Publication of Notice.--
            (1) In general.--The Secretary of Commerce shall, as soon 
        as practicable after the date of the enactment of this Act, 
        publish in the Federal Register a notice describing--
                    (A) the boundaries of the Flower Garden Banks 
                National Marine Sanctuary, as modified by this section, 
                and
                    (B) any modification of regulations applicable to 
                that Sanctuary that are necessary to implement that 
                modification of the boundaries of the Sanctuary.
            (2) Treatment as notice required under national marine 
        sanctuaries act.--A notice published under paragraph (1) shall 
        be considered to be the notice required to be published under 
        section 304(b)(1) of the National Marine Sanctuaries Act (16 
        U.S.C. 1434(b)(1)).
    (f) Authorization of Appropriations.--Amounts may be appropriated 
to carry out this section under the authority provided in section 313 
of the National Marine Sanctuaries Act, as amended by this Act.

SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Section 301(b)(2) of the National Marine Sanctuaries Act (16 
U.S.C. 1431(b)(2)) is amended by striking the period at the end and 
inserting a semicolon.
    (b) Section 302 of the National Marine Sanctuaries Act (16 U.S.C. 
1432) is amended--
            (1) in paragraph (6) by striking ``, and'' at the end of 
        subparagraph (C) and inserting a semicolon; and
            (2) in paragraph (7) by striking ``and'' after the 
        semicolon at the end.
    (c) Section 307(e)(1)(A) of the National Marine Sanctuaries Act (16 
U.S.C. 1437(e)(1)(A)) is amended by inserting ``of 1980'' before the 
period at the end.
    (d) Section 2109 of the National Marine Sanctuaries Program 
Amendments Act of 1992 (106 Stat. 5045) is amended by striking the open 
quotation marks before ``Section 311''.
    (e) Section 2110(d) of the National Marine Sanctuaries Program 
Amendments Act of 1992 (106 Stat. 5046) is deemed to have amended 
section 312(b)(1) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1443(b)(1)) by inserting ``or authorize'' after 
``undertake''.
    (f) The material added to the Marine Protection, Research, and 
Sanctuaries Act of 1972 by section 2112 of the National Marine 
Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046)--
            (1) is deemed to have been added by that section at the end 
        of title III of the Marine Protection, Research, and 
        Sanctuaries Act of 1972; and
            (2) shall not be considered to have been added by that 
        section to the end of the Marine Protection, Research, and 
        Sanctuaries Act of 1972.
    (g) Section 2202(e) of the National Marine Sanctuaries Program 
Amendments Act of 1992 (16 U.S.C. 1433 note) is amended by striking 
``section 304(e)'' and inserting ``304(d)''.
    (h) Section 304(b)(3) of the National Marine Sanctuaries Act (16 
U.S.C. 1434(b)(3)) is amended--
            (1) by striking subparagraphs (B) and (C);
            (2) by moving the text of subparagraph (A) so as to begin 
        at the end of the line on which appears the heading for 
        paragraph (3);
            (3) by moving clauses (i) and (ii) of subparagraph (A) 2 
        ems to the left, so that the left margins of clauses (i) and 
        (ii) are aligned with the left margin of paragraph (3);
            (4) by striking ``(A) In'' and inserting ``In'';
            (5) by striking ``(i)'' and inserting ``(A)''; and
            (6) by striking ``(ii)'' and inserting ``(B)''.

SEC. 10. NORTHWEST STRAITS.

    (a) Northwest Straits Marine Resources Protection Advisory 
Committee.--(1) There shall be established, within 120 days after the 
date of enactment of this subsection, the Northwest Straits Marine 
Resources Protection Advisory Committee, consisting of 11 members 
appointed by the Secretary of Commerce, at least 8 of whom are 
appointed in accordance with paragraph (2) and at least 1 of whom is 
appointed from each of the following counties in western Washington: 
Jefferson, San Juan, Island, Whatcom, Skagit, Snohomish, and Clallam. 
This Advisory Committee shall be exempt from the Federal Advisory 
Committee Act.
    (2) The Secretary of Commerce shall appoint members of the Advisory 
Committee from a list of individuals submitted by each county specified 
in paragraph (1), in accordance with the following requirements:
            (A) A county may not submit the names of individuals to the 
        Secretary for appointment unless the county has determined that 
        each individual, by reason of his or her occupational or other 
        experience, scientific expertise, or training, is knowledgeable 
        regarding the conservation and management, or the commercial or 
        recreational harvest or use, of the marine resources of the 
        Northwest Straits.
            (B) Each list shall include the names and pertinent 
        biographical data of not less than 3 individuals for each 
        applicable vacancy and shall be accompanied by a statement by 
        the county explaining how each individual meets the 
        requirements under paragraph (1).
            (C) The Secretary shall review each list submitted by a 
        county to ascertain if the individuals on the list are 
        qualified for the vacancy on the basis of the requirements 
        under subparagraph (A). If the Secretary determines that no 
        individual on a county's list is qualified, the Secretary shall 
        notify the county in writing of that determination, and provide 
        the county an explanation of that determination. The county 
        shall then submit a revised list or resubmit the original list 
        with an additional explanation of the qualifications of the 
        individuals in question.
    (b) Advisory Committee Report.--Within 1 year of the enactment of 
this Act, the Advisory Committee established under subsection (a) shall 
report to the Secretary of Commerce on the adequacy of existing marine 
resources protection under local, State, and Federal laws in the 
Northwest Straits. This report shall recommend whether a special 
resources management area is necessary to protect the marine resources 
of the Northwest Straits. If the Advisory Committee recommends that a 
special resources management area is necessary, then the report shall 
specify whether that area should constitute a non-Federal management 
area, a national marine sanctuary, or some other form. The Secretary 
shall make available to the Advisory Committee any staff, information, 
administrative services, or other assistance reasonably required to 
carry out its functions.
    (c) Submission of Northwest Straits Draft Environmental Impact 
Statement.--The Secretary of Commerce shall not issue a draft 
Environmental Impact Statement under the National Environmental Policy 
Act of 1969 on a national marine sanctuary in the Northwest Straits 
until receipt of the report required under subsection (b). If the 
Secretary issues a draft Environmental Impact Statement, it shall 
include the Advisory Committee's recommendation as an alternative.
    (d) Submission of Documents.--In the case of a national marine 
sanctuary in the Northwest Straits, on the same day the notice required 
by section 304(a)(1)(A) of the National Marine Sanctuaries Act is 
issued, the Secretary of Commerce shall submit the documents required 
by section 304(a)(1)(C) of the National Marine Sanctuaries Act to the 
Advisory Committee established under subsection (a) and shall publish 
notice of that submission in the Federal Register. The Advisory 
Committee shall then within 60 days review those documents and make 
recommendations to the Secretary regarding designation. Upon receipt of 
the recommendations of the Advisory Committee, the Secretary shall 
submit the documents required by section 304(a)(1)(A) of the National 
Marine Sanctuaries Act along with recommendations of the Advisory 
Committee to the Committee on Resources of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate.
    (e) Congressional Authorization of Designation Required.--No 
designation of an area in the Northwest Straits as a national marine 
sanctuary under the National Marine Sanctuaries Act shall take effect 
unless that designation is specifically authorized by a law enacted 
after the date of publication of the notice of submission required 
under subsection (d).
    (f) Definitions.--
            (1) Northwest straits.--In this section the term 
        ``Northwest Straits'' means the area generally described as the 
        Washington State Nearshore area in the notice published by the 
        Secretary of Commerce in the Federal Register on August 4, 
        1983.
            (2) County.--In subsection (a)(2), the term ``county'' 
        means each local elected legislative body that represents a 
        county specified in subsection (a)(1).

SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK NATIONAL MARINE 
              SANCTUARY.

    The Stellwagen Bank National Marine Sanctuary shall be known and 
designated as the ``Gerry E. Studds Stellwagen Bank National Marine 
Sanctuary''. Any reference in a law, map, regulation, document, paper, 
or other record of the United States to that national marine sanctuary 
shall be deemed to be a reference to the ``Gerry E. Studds Stellwagen 
Bank National Marine Sanctuary''.

            Passed the House of Representatives September 4, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.