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





                                                 Union Calendar No. 130

106th CONGRESS

  1st Session

                               H. R. 1243

                          [Report No. 106-224]

_______________________________________________________________________

                                 A BILL

          To reauthorize the National Marine Sanctuaries Act.

_______________________________________________________________________

                             July 12, 1999

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





                                                 Union Calendar No. 130
106th CONGRESS
  1st Session
                                H. R. 1243

                          [Report No. 106-224]

          To reauthorize the National Marine Sanctuaries Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1999

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

                             July 12, 1999

 Additional sponsors: Mr. Faleomavaega, Mr. Pallone, Mrs. Napolitano, 
                        Mr. Ortiz, and Mr. Vento

                             July 12, 1999

Reported with amendments, 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 March 
                               24, 1999]

_______________________________________________________________________

                                 A BILL


 
          To reauthorize the National Marine Sanctuaries Act.

    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 
Enhancement 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,''; and
            (2) in paragraph (5) by inserting ``of national marine 
        sanctuaries managed as the National Marine Sanctuary System'' 
        after ``program''.
    (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), by inserting ``and'' 
        after the semicolon at the end of subparagraph (C), and by 
        adding after subparagraph (C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources;''.
            (3) Paragraph (7) is amended by inserting ``, including 
        costs related to seizure, forfeiture, storage, or disposal 
        arising from liability under section 312'' after ``injury''.
            (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 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) to the 
                Committee on Resources of the House of Representatives 
                and the Committee on Commerce, Science and 
                Transportation of the Senate;''.
    (b) Sanctuary Designation Documents.--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 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 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 innovative approaches such as marine 
                        zoning, 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.''.
    (c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 1434(a)(4)) 
is amended 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''.
    (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. MONITORING.

    (a) Provision of Support or Coordination.--Section 309(a) (16 
U.S.C. 1440(a)) is amended by inserting ``, support, or coordinate'' 
after ``conduct''.
    (b) Sanctuary Resource Centers.--Section 309 (16 U.S.C. 1440) is 
amended by adding at the end the following:
    ``(c) Sanctuary Resource Centers.--(1) The Secretary may establish 
facilities to promote national marine sanctuaries and the purposes and 
policies of this title.
    ``(2) The Secretary may establish a facility under this subsection 
in partnership with any person located near a national marine 
sanctuary, pursuant to an agreement under section 311.''.

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 adding at the end the following:
    ``(g) 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.

    Section 312 (16 U.S.C. 1443) is amended--
            (1) in subsection (c)--
                    (A) by inserting ``(1)'' before the first sentence;
                    (B) in paragraph (1) (as so designated) in the 
                first sentence by striking ``in the United States 
                district court for the appropriate district''; and
                    (C) 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.''; and
            (2) 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--RESERVES

SEC. 201. POLICIES AND PURPOSES.

    (a) Declaration of Policy.--Section 303 of Public Law 94-370 (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.''.
    (b) Purpose.--
            (1) In general.--Section 315(a) of such Act (16 U.S.C. 
        1461(a)) is amended by adding at the end the following: ``The 
        purpose of each national estuarine reserve and of the System is 
        to improve the understanding, stewardship, and management of 
        coastal areas.''.
            (2) Definition.--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 a 
national estuarine reserve under section 315.''.

SEC. 202. AREAS THAT MAY BE DESIGNATED.

    Section 315(b) of such Act (16 U.S.C. 1461(b)) is amended by adding 
at the end the following:
``An area designated under this section may include any part or all of 
an estuary and any island, transitional area, and upland in, adjoining, 
or adjacent to such estuary, that constitutes, to the extent feasible, 
a natural unit.''.

SEC. 203. DONATIONS.

    Section 315(e) of such Act (16 U.S.C. 1461(e)) is amended by adding 
at the end the following:
    ``(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.''.

SEC. 204. EVALUATIONS.

    Section 315(f)(1) of such Act (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with State programs established under section 
306,'' after ``including''.

SEC. 205. AUTHORIZATION.

    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, $12,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.
            Amend the title so as to read: ``A bill to reauthorize and 
        amend the National Marine Sanctuaries Act, and for other 
        purposes.''.