[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3487 Reported in House (RH)]





                                                 Union Calendar No. 382

104th CONGRESS

  2d Session

                               H. R. 3487

                          [Report No. 104-717]

_______________________________________________________________________

                                 A BILL

   To reauthorize the National Marine Sanctuaries Act, and for other 
                               purposes.

_______________________________________________________________________

                             July 29, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 382
104th CONGRESS
  2d Session
                                H. R. 3487

                          [Report No. 104-717]

   To reauthorize the National Marine Sanctuaries Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 1996

  Mr. Saxton (for himself and Mr. Farr of California) introduced the 
    following bill; which was referred to the Committee on Resources

                             July 29, 1996

  Additional sponsors: Mrs. Clayton, Mr. Gejdenson, Mr. Deutsch, Mr. 
     Torkildsen, Mrs. Seastrand, Mr. Beilenson, Mr. Gilchrest, Mr. 
  Faleomavaega, Mr. Longley, Mr. Campbell, Mr. Canady of Florida, Ms. 
 Woolsey, Mr. Porter, Mr. Riggs, Mr. Goss, Mr. Jones, and Mr. Gallegly

                             July 29, 1996

  Reported with an amendment, 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 May 16, 
                                 1996]

_______________________________________________________________________

                                 A BILL


 
   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 the 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.

    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.
    ``(C) Amounts may be appropriated to carry out this paragraph under 
the authority provided in section 313 of the National Marine 
Sanctuaries Act.''; 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.
    ``(3) Amounts may be appropriated to carry out this subsection 
under the authority provided in section 313 of the National Marine 
Sanctuaries 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 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. NORTHWEST STRAITS.

    (a) Submission of Documents.--In the case of a Sanctuary in the 
Northwest Straits of the State of Washington, 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 
(b). 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.
    (b) 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, 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: 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 Puget Sound.
                    (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 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.
    (c) Advisory Committee Report.--Within 1 year of the enactment of 
this Act, the Advisory Committee shall report to the Secretary of 
Commerce on the adequacy of existing marine resources protection under 
local, State, and Federal laws in the waters adjacent to the counties 
specified in subsection (b)(1). This report shall recommend whether a 
special resources management area is necessary to protect the marine 
resources in those waters. 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.
    (d) 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 Northwest Straits National Marine Sanctuary until 
receipt of this report. If the Secretary issues a draft Environmental 
Impact Statement, it shall include the Advisory Committee's 
recommendation as an alternative.
    (e) Authorization of Appropriations.--None of the funds authorized 
to be appropriated under this Act may be used to designate a National 
Marine Sanctuary in the Northwest Straits except in accordance with 
this section.