[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1243 Engrossed in House (EH)]


  1st Session

                               H. R. 1243

_______________________________________________________________________

                                 AN ACT

 To reauthorize and amend the National Marine Sanctuaries Act, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 1243

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize and 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 ``Sanctuaries and Reserves Act of 
1999''.

                  TITLE I--NATIONAL MARINE SANCTUARIES

SEC. 101. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

    Except as otherwise expressly provided, whenever in this title 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 et seq.).

SEC. 102. FINDINGS; PURPOSES AND POLICIES.

    (a) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
            (1) in paragraph (2) by inserting ``cultural, 
        archaeological,'' after ``educational,'';
            (2) in paragraph (4) by inserting ``as national marine 
        sanctuaries'' after ``environment'';
            (3) in paragraph (5) by inserting ``of national marine 
        sanctuaries managed as the National Marine Sanctuary System'' 
        after ``program''; and
            (4) in paragraph (6) by striking ``special areas'' and 
        inserting ``national marine sanctuaries''.
    (b) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431) is 
amended--
            (1) in paragraph (1) by inserting before the semicolon at 
        the end the following: ``, and to manage these areas as the 
        National Marine Sanctuary System''; and
            (2) in paragraph (4) by inserting before the semicolon at 
        the end the following: ``and of the natural, historical, 
        cultural, and archaeological resources of the National Marine 
        Sanctuary System''.

 SEC. 103. DEFINITIONS.

    Section 302 (16 U.S.C. 1432) is amended as follows:
            (1) Paragraph (2) is amended by striking ``Magnuson 
        Fishery'' and inserting ``Magnuson-Stevens Fishery'';
            (2) Paragraph (6) is amended by striking ``and'' after the 
        semicolon at the end of subparagraph (B), and by adding after 
        subparagraph (C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources; and
                    ``(E) the cost of enforcement actions undertaken by 
                the Secretary for the destruction or loss of, or injury 
                to, a sanctuary resource;''.
            (3) Paragraph (7) 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.
            (4) In paragraph (8) by inserting ``cultural, 
        archaeological,'' after ``educational,''.
            (5) In paragraph (9) by striking ``Fishery Conservation and 
        Management''.
            (6) By striking ``and'' after the semicolon at the end of 
        paragraph (8), by striking the period at the end of paragraph 
        (9) and inserting a semicolon, and by adding at the end the 
        following:
            ``(10) `person' means any individual (whether or not a 
        citizen or national of the United States), any corporation, 
        partnership, association, or other entity (whether or not 
        organized or existing under the laws of any State), and any 
        Federal, State, local, or foreign government or any entity of 
        any such government; and
            ``(11) `System' means the National Marine Sanctuary System 
        established by section 303.''.

SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANCTUARY SYSTEM; SANCTUARY 
              DESIGNATION STANDARDS.

    (a) Establishment of National Marine Sanctuary System.--Section 303 
(16 U.S.C. 1433(a)) is amended by striking the heading for the section 
and all that follows through ``(a) Standards.--'' and inserting before 
the remaining matter of subsection (a) the following:

``SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

    ``(a) Establishment of System; Sanctuary Designation Standards.--
There is established the National Marine Sanctuary System, which shall 
consist of national marine sanctuaries designated by the Secretary in 
accordance with this title.''.
    (b) Sanctuary Designation Standards.--Section 303(b)(1) (16 U.S.C. 
1433(b)(1)) is amended 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 value as a site for marine 
                resources monitoring and assessment activities; and
                    ``(K) the value of the area as an addition to the 
                System.''.
    (c) Repeal.--Section 303(b)(3) (16 U.S.C. 1433)(3))is repealed.

SEC. 105. 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 Documents.--
            (1) In general.--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)(i) A resource assessment report documenting 
                present and potential uses of the area proposed to be 
                designated as a national marine sanctuary, including 
                commercial and recreational fishing, research and 
                education, minerals and energy development, subsistence 
                uses, and other commercial, governmental, or 
                recreational uses.
                    ``(ii) The Secretary, in consultation with the 
                Secretary of the Interior, shall draft and include in 
                the report a resource assessment section regarding any 
                commercial, governmental, or recreational resource uses 
                in the area under consideration that are subject to the 
                primary jurisdiction of the Department of the Interior.
                    ``(iii) The Secretary, in consultation with the 
                Secretary of Defense, the Secretary of Energy, and the 
                Administrator, shall draft and include in the report a 
                resource assessment section that includes any 
                information on past, present, or proposed future 
                disposal or discharge of materials in the vicinity of 
                the area proposed to be designated as a national marine 
                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 proposed sanctuary.
                            ``(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, 
                        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) The proposed regulations referred to 
                        in paragraph (1)(A).
                    ``(D) Maps depicting the boundaries of the proposed 
                sanctuary.
                    ``(E) The basis of the findings made under section 
                303(a)(2) with respect to the area.
                    ``(F) An assessment of the considerations under 
                section 303(b)(1).
                    ``(G) 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.''.
            (2) Conforming amendment.--Section 302(1) (16 U.S.C. 
        1432(1)) is amended by striking ``304(a)(1)(C)(v)'' and 
        inserting ``304(a)(2)(C)''.
    (c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 1434(a)(4)) 
is amended in the first sentence by inserting ``cultural, 
archaeological,'' after ``educational,''.
    (d) 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.
    (e) 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 or 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.''.
    (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) Funding required.--The Secretary may not prepare any 
        sanctuary designation documents for a proposed designation of a 
        national marine 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) Limitation on application.--Paragraph (1) does not 
        apply to any sanctuary designation documents for a Thunder Bay 
        National Marine Sanctuary.''.

SEC. 106. PROHIBITED ACTIVITIES.

    Section 306 (16 U.S.C. 1436) is amended--
            (1) in the matter preceding paragraph (1) by inserting 
        ``for any person'' after ``unlawful'';
            (2) in paragraph (2) by inserting ``offer for sale, 
        purchase, import, export,'' after ``sell,''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any officer authorized to 
                enforce this title to board a vessel subject to such 
                person's control for the purposes of conducting any 
                search or inspection in connection with the enforcement 
                of this title;
                    ``(B) forcibly assaulting, resisting, opposing, 
                impeding, intimidating, or interfering with any person 
                authorized by the Secretary to implement this title or 
                any such authorized officer in the conduct of any 
                search or inspection performed under this title; or
                    ``(C) knowingly and willfully submitting false 
                information to the Secretary or any officer authorized 
                to enforce this title in connection with any search or 
                inspection conducted under this title; or''.

SEC. 107. ENFORCEMENT.

    (a) Powers of Authorized Officers To Arrest.--Section 307(b) (16 
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting ``; and'', and by adding at the end the 
following:
            ``(6) arrest any person, if there is reasonable cause to 
        believe that such person has committed an act prohibited by 
        section 306(3).''.
    (b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by 
redesignating subsections (c) through (j) in order as subsections (d) 
through (k), and by inserting after subsection (b) the following:
    ``(c) Criminal Offenses.--
            ``(1) Offenses.--A person is guilty of an offense under 
        this subsection if the person commits any act prohibited by 
        section 306(3).
            ``(2) Punishment.--Any person that is guilty of an offense 
        under this subsection--
                    ``(A) except as provided in subparagraph (B), shall 
                be fined under title 18, United States Code, imprisoned 
                for not more than 6 months, or both; or
                    ``(B) in the case a person who in the commission of 
                such an offense uses a dangerous weapon, engages in 
                conduct that causes bodily injury to any person 
                authorized to enforce this title or any person 
                authorized to implement the provisions of this title, 
                or places any such person in fear of imminent bodily 
                injury, shall be fined under title 18, United States 
                Code, imprisoned for not more than 10 years, or 
                both.''.
    (c) Subpoenas of Electronic Files.--Subsection (g) of section 307 
(16 U.S.C. 1437), as redesignated by this section, is amended by 
inserting ``electronic files,'' after ``books,''.

SEC. 108. RESEARCH, MONITORING, AND EDUCATION.

    Section 309 (16 U.S.C. 1440) is amended to read as follows:

``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

    ``(a) In General.--The Secretary shall conduct, support, and 
coordinate research, monitoring, and education programs consistent with 
subsections (b) and (c) and the purposes and policies of this title.
    ``(b) Research and Monitoring.--
            ``(1) In general.--The Secretary may--
                    ``(A) support, promote, and coordinate research on, 
                and long-term monitoring of, sanctuary resources and 
                natural processes that occur in national marine 
                sanctuaries, including exploration, mapping, and 
                environmental and socioeconomic assessment;
                    ``(B) develop and test methods to enhance degraded 
                habitats or restore damaged, injured, or lost sanctuary 
                resources; and
                    ``(C) support, promote, and coordinate research on 
                the cultural, archaeological, and historical resources 
                of national marine sanctuaries.
            ``(2) Availability of results.--The results of research and 
        monitoring conducted or supported by the Secretary under this 
        subsection shall be made available to the public.
    ``(c) Education.--
            ``(1) In general.--The Secretary may support, promote, and 
        coordinate efforts to enhance public awareness, understanding, 
        and appreciation of national marine sanctuaries. Efforts 
        supported, promoted, or coordinated under this subsection must 
        emphasize the conservation goals and public uses of national 
        marine sanctuaries.
            ``(2) Educational activities.--Activities under this 
        subsection may include education of the general public, 
        teachers, students, national marine sanctuary users, and ocean 
        and coastal resource managers.
    ``(d) Interpretive Facilities.--
            ``(1) In general.--The Secretary may develop interpretive 
        facilities near any national marine sanctuary.
            ``(2) Facility requirement.--Any facility developed under 
        this subsection must emphasize the conservation goals and 
        public uses of national marine sanctuaries by providing the 
        public with information about the natural, biological, 
        ecological, and social functions and values of the national 
        marine sanctuary, including its public uses.
    ``(e) Consultation and Coordination.--In conducting, supporting, 
and coordinating research, monitoring, and education programs under 
subsection (a) and developing interpretive facilities under subsection 
(d), the Secretary may consult or coordinate with Federal agencies, 
States, local governments, regional agencies, or other persons, 
including the National Estuarine Reserve System.''.

SEC. 109. SPECIAL USE PERMITS.

    Section 310 (16 U.S.C. 1441) is amended--
            (1) in subsection (b)(4), by inserting ``, or post an 
        equivalent bond,'' after ``general liability insurance'';
            (2) by amending subsection (c)(2)(C) to read as follows:
                    ``(C) an amount that represents the fair market 
                value of the use of the sanctuary resources.'';
            (3) in subsection (c)(3)(B), by striking ``designating 
        and'';
            (4) in subsection (c) by inserting after paragraph (3) the 
        following:
            ``(4) Waiver or reduction of fees.--The Secretary may 
        accept in-kind contributions in lieu of a fee under paragraph 
        (2)(C), or waive or reduce any fee assessed under this 
        subsection for any activity that does not derive profit from 
        the use of sanctuary resources.''; and
            (5) by amending subsection (e) to read as follows:
    ``(e) Notice.--The Secretary shall provide public notice of any 
determination that a category of activity may require a special use 
permit under this section.''.

SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.

    (a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is 
amended to read as follows:
    ``(a) Agreements and Grants.--The Secretary may enter into 
cooperative agreements, contracts, or other agreements with, or make 
grants to, States, local governments, regional agencies, interstate 
agencies, or other persons to carry out the purposes and policies of 
this title.''.
    (b) Use of Resources From Other Government Agencies.--Section 311 
(16 U.S.C. 1442) is amended by adding at the end the following:
    ``(e) Use of Resources of Other Government Agencies.--The Secretary 
may, whenever appropriate, enter into an agreement with a State or 
other Federal agency to use the personnel, services or facilities of 
such agency on a reimbursable or non-reimbursable basis, to assist in 
carrying out the purposes and policies of this title.
    ``(f) Authority To Obtain Grants.--Notwithstanding any other 
provision of law that prohibits a Federal agency from receiving 
assistance, the Secretary may apply for, accept, and use grants from 
other Federal agencies, States, local governments, regional agencies, 
interstate agencies, foundations, or other persons, to carry out the 
purposes and policies of this title.''.

SEC. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.

    (a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is 
amended--
            (1) by inserting ``(1)'' before the first sentence;
            (2) in paragraph (1) (as so designated) in the first 
        sentence by striking ``in the United States district court for 
        the appropriate district''; and
            (3) by adding at the end the following:
    ``(2) An action under this subsection may be brought in the United 
States district court for any district in which--
            ``(A) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(B) the vessel is located, in the case of an action 
        against a vessel; or
            ``(C) the destruction of, loss of, or injury to a sanctuary 
        resource occurred.''.
    (b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d)) 
is amended by striking paragraphs (1) and (2) and inserting the 
following:
            ``(1) Response costs.--Amounts recovered by the United 
        States for costs of response actions and damage assessments 
        under this section shall be used, as the Secretary considers 
        appropriate--
                    ``(A) to reimburse the Secretary or any other 
                Federal or State agency that conducted those 
                activities; and
                    ``(B) after reimbursement of such costs, to 
                restore, replace, or acquire the equivalent of any 
                sanctuary resource.
            ``(2) Other amounts.--All other amounts recovered shall be 
        used, in order of priority--
                    ``(A) to restore, replace, or acquire the 
                equivalent of the sanctuary resources that were the 
                subject of the action, including for costs of 
                monitoring and the costs of curation and conservation 
                of archaeological, historical, and cultural sanctuary 
                resources;
                    ``(B) to restore degraded sanctuary resources of 
                the national marine sanctuary that was the subject of 
                the action, giving priority to sanctuary resources and 
                habitats that are comparable to the sanctuary resources 
                that were the subject of the action; and
                    ``(C) to restore degraded sanctuary resources of 
                other national marine sanctuaries.''.
    (c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is 
amended by adding at the end the following:
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed within 3 years after the date on which the Secretary completes a 
damage assessment and restoration plan for the sanctuary resources to 
which the action relates.''.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

    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--
            ``(1) to carry out this title, $26,000,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004; and
            ``(2) for construction projects at national marine 
        sanctuaries, $3,000,000 for each of fiscal years 2000, 2001, 
        2002, 2003, and 2004.''.

SEC. 113. ADVISORY COUNCILS.

    Section 315(a) (16 U.S.C. 1445a(a)) is amended by striking 
``provide assistance to'' and inserting ``advise''.

SEC. 114. USE OF NATIONAL MARINE SANCTUARY PROGRAM SYMBOLS.

    Section 316 (16 U.S.C. 1445b) is amended--
            (1) in subsection (a)(4) by striking ``use of any symbol 
        published under paragraph (1)'' and inserting ``manufacture, 
        reproduction, or other use of any symbol published under 
        paragraph (1), including the sale of items bearing such a 
        symbol,'';
            (2) by amending subsection (e)(3) to read as follows:
            ``(3) to manufacture, reproduce, or otherwise use any 
        symbol adopted by the Secretary under subsection (a)(1), 
        including to sell any item bearing such a symbol, unless 
        authorized by the Secretary under subsection (a)(4) or 
        subsection (f); or''; and
            (3) by adding at the end the following:
    ``(f) Collaborations.--The Secretary may authorize the use of a 
symbol adopted by the Secretary under subsection (a)(1) by any person 
engaged in a collaborative effort with the Secretary to carry out the 
purposes and policies of this title and to benefit a national marine 
sanctuary or the System.''.

SEC. 115. CLERICAL AMENDMENTS.

    (a) Correction of References to Former Committee.--The following 
provisions are amended by striking ``Merchant Marine and Fisheries'' 
and inserting ``Resources'':
            (1) Section 303(b)(2)(A) (16 U.S.C. 6 1433(b)(2)(A)).
            (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
            (3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
    (b) Correction of Reference to Renamed Act.--Section 315(b)(2) (16 
U.S.C. 1445a(b)(2)) is amended by striking ``Fishery Conservation and 
Management''.
    (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is 
amended by striking ``United States'' and inserting ``united states''.

                 TITLE II--NATIONAL ESTUARINE RESERVES

SEC. 201. POLICIES.

    (a) Declaration of Policy.--Section 303 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1452) is amended by striking ``and'' 
after the semicolon in paragraph (5), by striking the period at the end 
of paragraph (6) and inserting a semicolon, and by adding at the end 
the following:
            ``(7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 to 
        improve the understanding, stewardship, and management of 
        coastal areas; and
            ``(8) to encourage the development, application, and 
        transfer to local, State, and Federal resources managers of 
        innovative coastal and estuarine resources management 
        technologies and techniques that promote the long-term 
        conservation of coastal and estuarine resources.''.

SEC. 202. NATIONAL ESTUARINE RESERVE SYSTEM.

    Section 315 of such Act (16 U.S.C. 1461(b)) is amended to read as 
follows:

                  ``national estuarine reserve system

    ``Sec. 315. (a) Establishment of the System.--(1) There is 
established the National Estuarine Reserve System. The System shall 
consist of--
            ``(A) each estuarine sanctuary designated under this 
        section as in effect before the date of the enactment of the 
        Coastal Zone Management Reauthorization Act of 1985; and
            ``(B) each estuarine area designated as a national 
        estuarine reserve under subsection (b).
    ``(2) The purpose of the System and of each national estuarine 
reserve is to improve the understanding, stewardship, and management of 
estuarine and coastal areas through a network of areas protected by 
Federal, State, and community partnerships that promotes informed 
management of such areas through integrated programs in resource 
stewardship, education and training, and scientific understanding.
    ``(3) Each estuarine sanctuary referred to in paragraph (1)(A) is 
hereby designated as a national estuarine reserve.
    ``(b) Designation of National Estuarine Reserves.--The Secretary 
may designate an estuarine area as a national estuarine reserve if--
            ``(1) the Government of the coastal state in which the area 
        is located nominates the area for that designation; and
            ``(2) the Secretary finds that--
                    ``(A) the estuarine area is a representative 
                estuarine ecosystem that is suitable for long-term 
                research and contributes to the biogeographical and 
                typological balance of the System;
                    ``(B) the law of the coastal state provides long-
                term protection for reserve resources to ensure a 
                stable environment for research, education, and 
                resource stewardship;
                    ``(C) designation of the area as a reserve will 
                serve to enhance public awareness and understanding of 
                estuarine areas, and provide suitable opportunities for 
                education, interpretation, training, and demonstration 
                projects to improve coastal management; and
                    ``(D) the coastal state in which the area is 
                located has complied with the requirements of any 
                regulations issued by the Secretary to implement this 
                section.
    ``(c) Estuarine Research, Education, and Resource Stewardship 
Guidelines.--(1) The Secretary shall develop guidelines for the conduct 
of research, education, and resource stewardship within the System that 
shall include--
            ``(A) a mechanism for identifying, and establishing 
        priorities among, the coastal management issues that should be 
        addressed through coordinated research, education, and resource 
        stewardship within the System;
            ``(B) the establishment of common principles and objectives 
        to guide the development of research, education, and resource 
        stewardship programs within the Systems;
            ``(C) the identification of uniform research methodologies 
        which will ensure comparability of data, the broadest 
        application of research results, and the maximum use of the 
        System for research purposes;
            ``(D) the establishment of performance standards upon which 
        the effectiveness of the research, education, and resource 
        stewardship efforts and the value of reserves within the System 
        in addressing the coastal management issues identified in 
        subparagraph (A) may be measured; and
            ``(E) the consideration of sources of funds for estuarine 
        research, education, and resource stewardship in addition to 
        the funds authorized under this Act, and strategies for 
        encouraging the use of such funds within the System, with 
        particular emphasis on mechanisms established under subsection 
        (d).
    ``(2) In developing the guidelines under this section, the 
Secretary shall consult with prominent members of the estuarine 
research, education, and resource stewardship community.
    ``(d) Promotion and Coordination of Estuarine Research, Education, 
and Resource Stewardship.--(1) The Secretary shall take such actions as 
are necessary to promote and coordinate the use of the System for 
research, education, and resource stewardship purposes.
    ``(2) Actions under this subsection shall include the following:
            ``(A) Requiring that research, education, and resource 
        stewardship activities administered or supported by the 
        Secretary and relating to estuaries give priority consideration 
        to activities that use the System.
            ``(B) Consulting with other Federal and State agencies to 
        promote use of one or more reserves within the System by such 
        agencies when conducting estuarine research, education, and 
        resource stewardship activities.
            ``(C) Establishing partnerships with other Federal and 
        State estuarine management programs to coordinate and 
        collaborate on estuarine research, education, and resource 
        stewardship.
    ``(e) Financial Assistance.--(1) The Secretary may, in accordance 
with such rules and regulations as the Secretary shall promulgate, make 
grants--
            ``(A) to a coastal state--
                    ``(i) for purposes of acquiring such lands and 
                waters, and any property interests therein, as are 
                necessary to ensure the appropriate long-term 
                management of an area as a national estuarine reserve;
                    ``(ii) for purposes of operating or managing a 
                national estuarine reserve and constructing appropriate 
                reserve facilities; or
                    ``(iii) for purposes of conducting educational or 
                interpretive activities; and
            ``(B) to any coastal state or public or private person for 
        purposes of supporting research and monitoring within a 
        national estuarine reserve that are consistent with the 
        research guidelines developed under subsection (c).
    ``(2) Financial assistance provided under paragraph (1) shall be 
subject to such terms and conditions as the Secretary considers 
necessary or appropriate to protect the interests of the United States, 
including requiring coastal states to execute suitable title documents 
setting forth the property interest or interests of the United States 
in any lands and waters acquired in whole or part with such financial 
assistance.
    ``(3)(A) The amount of the financial assistance provided under 
paragraph (1)(A)(i) with respect to the acquisition of lands and 
waters, or interests therein, for any one national estuarine reserve 
may not exceed an amount equal to 50 percent of the costs of the lands, 
waters, and interests therein or $5,000,000, whichever amount is less.
    ``(B)(i) Except as provided in clause (ii), the amount of the 
financial assistance provided under paragraph (1)(A)(ii) and paragraph 
(1)(B) may not exceed 70 percent of the costs incurred to achieve the 
purposes described in those paragraphs with respect to a reserve.
    ``(ii) The amount of financial assistance provided for education 
and interpretive activities under paragraph (1)(A)(iii) or research and 
monitoring activities under paragraph (1)(B) may be up to 100 percent 
of any costs for activities that service the System as a whole, 
including System-wide monitoring equipment acquisition, data 
management, and data synthesis, and administration and synthesis of 
System-wide research programs.
    ``(C) Notwithstanding subparagraphs (A) and (B), financial 
assistance under this subsection provided from amounts recovered as a 
result of damage to natural resources located in the coastal zone may 
be used to pay 100 percent of the costs of activities carried out with 
the assistance.
    ``(4)(A) The Secretary may--
            ``(i) enter into cooperative agreements or contracts, with, 
        or make grants to, any nonprofit organization established to 
        benefit a national estuarine reserve, authorizing the 
        organization to solicit donations to carry out projects, other 
        than general administration of the reserve or the System, that 
        are consistent with the purpose of the reserve and the System; 
        and
            ``(ii) accept donations of funds and services for use in 
        carrying out projects, other than general administration of a 
        national estuarine reserve or the System, that are consistent 
        with the purpose of the reserve and the System.
    ``(B) Donations accepted under this paragraph shall be considered 
as a gift or bequest to or for the use of the United States for 
carrying out this section.
    ``(f) Evaluation of System Performance.--(1) The Secretary shall 
periodically evaluate the operation and management of each national 
estuarine reserve, including coordination with State programs 
established under section 306, education and interpretive activities, 
and the research being conducted within the reserve.
    ``(2) If evaluation under paragraph (1) reveals that the operation 
and management of the reserve is deficient, or that the research, 
education, or resource stewardship being conducted within the reserve 
is not consistent with the guidelines developed under subsection (c), 
the Secretary may suspend the eligibility of that reserve for financial 
assistance under subsection (e) until the deficiency or inconsistency 
is remedied.
    ``(3) The Secretary may withdraw the designation of an estuarine 
areas a national estuarine reserve if evaluation under paragraph (1) 
reveals that--
            ``(A) the basis for any one or more of the findings made 
        under subsection (b)(2) regarding that area no longer exists; 
        or
            ``(B) a substantial portion of the research, education, or 
        resource stewardship conducted within the area, over a period 
        of years, has not been consistent with the guidelines developed 
        under subsection (c).
    ``(g) Report.--The Secretary shall include in the report required 
under section 316 information regarding--
            ``(1) new designations of national estuarine reserves;
            ``(2) any expansion of existing national estuarine 
        reserves;
            ``(3) the status of the research, education, and resource 
        stewardship program being conducted within the System; and
            ``(4) a summary of the evaluations made under subsection 
        (f).
    ``(h) Definitions.--In this section:
            ``(1) The term `estuarine area' means an area that--
                    ``(A) is comprised of--
                            ``(i) any part or all of an estuary; and
                            ``(ii) any part or all of any island, 
                        transitional area, and upland in, adjoining, or 
                        adjacent to such estuary; and
                    ``(B) constitutes, to the extent feasible, a 
                natural unit.
            ``(2) The term `System' means the National Estuarine 
        Reserve System established by this section.''.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    Section 318(a) of such Act (16 U.S.C. 1464(a)) is amended by 
striking ``and'' after the semicolon at the end of paragraph (1)(C), 
and by striking paragraph (2) and inserting the following:
            ``(2) for grants under section 315--
                    ``(A) $7,000,000 for fiscal year 2000;
                    ``(B) $8,000,000 for fiscal year 2001;
                    ``(C) $9,000,000 for fiscal year 2002;
                    ``(D) $10,000,000 for fiscal year 2003; and
                    ``(E) $11,000,000 for fiscal year 2004; and
            ``(3) for grants for construction projects at national 
        estuarine reserves designated under section 315 and land 
        acquisition directly related to such construction, $12,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.

SEC. 204. CONFORMING AMENDMENT.

    Section 304(8) of such Act (16 U.S.C. 1453(8)) is amended to read 
as follows:
    ``(8) The term `national estuarine reserve' means an area that is 
designated as a national estuarine reserve under section 315.''.

            Passed the House of Representatives September 21, 1999.

            Attest:

                                                                 Clerk.