[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Enrolled Bill (ENR)]

        S.1482

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``National Marine Sanctuaries 
Amendments Act of 2000''.

SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment or repeal to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).
SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
SYSTEM.
    (a) Clerical Amendment.--The heading for section 301 (16 U.S.C. 
1431) is amended to read as follows:
``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
SYSTEM.''.
    (b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
        (1) in paragraph (2) by striking ``research, educational, or 
    esthetic'' and inserting ``scientific, educational, cultural, 
    archeological, or esthetic'';
        (2) in paragraph (3) by adding ``and'' after the semicolon; and
        (3) by striking paragraphs (4), (5), and (6) and inserting the 
    following:
        ``(4) a Federal program which establishes areas of the marine 
    environment which have special conservation, recreational, 
    ecological, historical, cultural, archeological, scientific, 
    educational, or esthetic qualities as national marine sanctuaries 
    managed as the National Marine Sanctuary System will--
            ``(A) improve the conservation, understanding, management, 
        and wise and sustainable use of marine resources;
            ``(B) enhance public awareness, understanding, and 
        appreciation of the marine environment; and
            ``(C) maintain for future generations the habitat, and 
        ecological services, of the natural assemblage of living 
        resources that inhabit these areas.''.
    (c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is 
amended--
        (1) by striking ``significance;'' in paragraph (1) and 
    inserting ``significance and to manage these areas as the National 
    Marine Sanctuary System;'';
        (2) by striking paragraphs (3), (4), and (9);
        (3) by redesignating paragraphs (5) through (8) as paragraphs 
    (6) through (9), respectively;
        (4) by inserting after paragraph (2) the following:
        ``(3) to maintain the natural biological communities in the 
    national marine sanctuaries, and to protect, and, where 
    appropriate, restore and enhance natural habitats, populations, and 
    ecological processes;
        ``(4) to enhance public awareness, understanding, appreciation, 
    and wise and sustainable use of the marine environment, and the 
    natural, historical, cultural, and archeological resources of the 
    National Marine Sanctuary System;
        ``(5) to support, promote, and coordinate scientific research 
    on, and long-term monitoring of, the resources of these marine 
    areas;'';
        (5) in paragraph (8), as redesignated, by striking ``areas;'' 
    and inserting ``areas, including the application of innovative 
    management techniques; and''; and
        (6) in paragraph (9), as redesignated, by striking ``; and'' 
    and inserting a period.
    (d) Establishment of System.--Section 301 is amended by adding at 
the end the following:
    ``(c) Establishment of System.--There is established the National 
Marine Sanctuary System, which shall consist of national marine 
sanctuaries designated by the Secretary in accordance with this 
title.''.

SEC. 4. CHANGES IN DEFINITIONS.

    (a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is 
amended--
        (1) by striking ``and'' after the semicolon at the end of 
    subparagraph (B); and
        (2) by adding after subparagraph (C) the following:
            ``(D) the cost of curation and conservation of 
        archeological, historical, and cultural sanctuary resources; 
        and
            ``(E) the cost of enforcement actions undertaken by the 
        Secretary in response to the destruction or loss of, or injury 
        to, a sanctuary resource;''.
    (b) Response Costs.--Paragraph (7) of such section is amended by 
inserting ``, including costs related to seizure, forfeiture, storage, 
or disposal arising from liability under section 312'' after ``injury'' 
the second place it appears.
    (c) Sanctuary Resource.--Paragraph (8) of such section is amended 
by striking ``research, educational,'' and inserting ``educational, 
cultural, archeological, scientific,''.
    (d) System.--Such section is further amended--
        (1) by striking ``and'' after the semicolon at the end of 
    paragraph (8);
        (2) by striking the period at the end of paragraph (9) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(10) `System' means the National Marine Sanctuary System 
    established by section 301.''.
SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.
    (a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended 
to read as follows:
        ``(1) determines that--
            ``(A) the designation will fulfill the purposes and 
        policies of this title;
            ``(B) the area is of special national significance due to--
                ``(i) its conservation, recreational, ecological, 
            historical, scientific, cultural, archeological, 
            educational, or esthetic qualities;
                ``(ii) the communities of living marine resources it 
            harbors; or
                ``(iii) its resource or human-use values;
            ``(C) existing State and Federal authorities are inadequate 
        or should be supplemented to ensure coordinated and 
        comprehensive conservation and management of the area, 
        including resource protection, scientific research, and public 
        education;
            ``(D) designation of the area as a national marine 
        sanctuary will facilitate the objectives in subparagraph (C); 
        and
            ``(E) the area is of a size and nature that will permit 
        comprehensive and coordinated conservation and management; 
        and''.
    (b) Factors; Repeal of Report Requirement.--Section 303(b) (16 
U.S.C. 1433(b)) is amended--
        (1) in paragraph (1) by striking ``and'' at the end of 
    subparagraph (H), by striking the period at the end of subparagraph 
    (I) and inserting a semicolon, and by adding at the end the 
    following:
            ``(J) the area's scientific value and value for monitoring 
        the resources and natural processes that occur there;
            ``(K) the feasibility, where appropriate, of employing 
        innovative management approaches to protect sanctuary resources 
        or to manage compatible uses; and
            ``(L) the value of the area as an addition to the 
        System.''; and
        (2) by striking paragraph (3).
SEC. 6. CHANGES IN PROCEDURES FOR SANCTUARY DESIGNATION AND 
IMPLEMENTATION.
    (a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as 
follows:
            ``(C) no later than the day on which the notice required 
        under subparagraph (A) is submitted to the Office of the 
        Federal Register, the Secretary shall submit a copy of that 
        notice and the draft sanctuary designation documents prepared 
        pursuant to section 304(a)(2), including an executive summary, 
        to the Committee on Resources of the House of Representatives, 
        the Committee on Commerce, Science, and Transportation of the 
        Senate, and the Governor of each State in which any part of the 
        proposed sanctuary would be located.''.
    (b) Sanctuary Designation.--Section 304(a)(2) (16 U.S.C. 
1434(a)(2)) is amended to read as follows:
        ``(2) Sanctuary designation documents.--The Secretary shall 
    prepare and make available to the public sanctuary designation 
    documents on the proposal that include the following:
            ``(A) A draft environmental impact statement pursuant to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            ``(B) A resource assessment that documents--
                ``(i) present and potential uses of the area, including 
            commercial and recreational fishing, research and 
            education, minerals and energy development, subsistence 
            uses, and other commercial, governmental, or recreational 
            uses;
                ``(ii) after consultation with the Secretary of the 
            Interior, any commercial, governmental, or recreational 
            resource uses in the areas that are subject to the primary 
            jurisdiction of the Department of the Interior; and
                ``(iii) information prepared in consultation with the 
            Secretary of Defense, the Secretary of Energy, and the 
            Administrator of the Environmental Protection Agency, on 
            any past, present, or proposed future disposal or discharge 
            of materials in the vicinity of the proposed sanctuary.
        Public disclosure by the Secretary of such information shall be 
        consistent with national security regulations.
            ``(C) A draft management plan for the proposed national 
        marine sanctuary that includes the following:
                ``(i) The terms of the proposed designation.
                ``(ii) Proposed mechanisms to coordinate existing 
            regulatory and management authorities within the area.
                ``(iii) The proposed goals and objectives, management 
            responsibilities, resource studies, and appropriate 
            strategies for managing sanctuary resources of the proposed 
            sanctuary, including interpretation and education, 
            innovative management strategies, research, monitoring and 
            assessment, resource protection, restoration, enforcement, 
            and surveillance activities.
                ``(iv) An evaluation of the advantages of cooperative 
            State and Federal management if all or part of the proposed 
            sanctuary is within the territorial limits of any State or 
            is superjacent to the subsoil and seabed within the seaward 
            boundary of a State, as that boundary is established under 
            the Submerged Lands Act (43 U.S.C. 1301 et seq.).
                ``(v) An estimate of the annual cost to the Federal 
            Government of the proposed designation, including costs of 
            personnel, equipment and facilities, enforcement, research, 
            and public education.
                ``(vi) The proposed regulations referred to in 
            paragraph (1)(A).
            ``(D) Maps depicting the boundaries of the proposed 
        sanctuary.
            ``(E) The basis for the findings made under section 303(a) 
        with respect to the area.
            ``(F) An assessment of the considerations under section 
        303(b)(1).''.
    (c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C. 
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary'' 
the second place it appears.
    (d) Federal Agency Actions Affecting Sanctuary Resources.--Section 
304(d) (16 U.S.C. 1434(d)) is amended by adding at the end the 
following:
        ``(4) Failure to follow alternative.--If the head of a Federal 
    agency takes an action other than an alternative recommended by the 
    Secretary and such action results in the destruction of, loss of, 
    or injury to a sanctuary resource, the head of the agency shall 
    promptly prevent and mitigate further damage and restore or replace 
    the sanctuary resource in a manner approved by the Secretary.''.
    (e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
        (1) by striking ``management techniques,'' and inserting 
    ``management techniques and strategies,''; and
        (2) by adding at the end the following: ``This review shall 
    include a prioritization of management objectives.''.
    (f) Limitation on Designation of New Sanctuaries.--Section 304 (16 
U.S.C. 1434) is amended by adding at the end the following:
    ``(f) Limitation on Designation of New Sanctuaries.--
        ``(1) Finding required.--The Secretary may not publish in the 
    Federal Register any sanctuary designation notice or regulations 
    proposing to designate a new sanctuary, unless the Secretary has 
    published a finding that--
            ``(A) the addition of a new sanctuary will not have a 
        negative impact on the System; and
            ``(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) Deadline.--If the Secretary does not submit the findings 
    required by paragraph (1) before February 1, 2004, the Secretary 
    shall submit to the Congress before October 1, 2004, a finding with 
    respect to whether the requirements of paragraph (2) have been met 
    by all existing sanctuaries.
        ``(3) Limitation on application.--Paragraph (1) does not apply 
    to any sanctuary designation documents for--
            ``(A) a Thunder Bay National Marine Sanctuary; or
            ``(B) a Northwestern Hawaiian Islands National Marine 
        Sanctuary.''.
    (g) Northwestern Hawaiian Islands Coral Reef Reserve.--
        (1) Presidential designation.--The President, after 
    consultation with the Governor of the State of Hawaii, may 
    designate any Northwestern Hawaiian Islands coral reef or coral 
    reef ecosystem as a coral reef reserve to be managed by the 
    Secretary of Commerce.
        (2) Secretarial action.--Upon the designation of a reserve 
    under paragraph (1) by the President, the Secretary shall--
            (A) take action to initiate the designation of the reserve 
        as a National Marine Sanctuary under sections 303 and 304 of 
        the National Marine Sanctuaries Act (16 U.S.C. 1433);
            (B) establish a Northwestern Hawaiian Islands Reserve 
        Advisory Council under section 315 of that Act (16 U.S.C. 
        1445a), the membership of which shall include at least 1 
        representative from Native Hawaiian groups; and
            (C) until the reserve is designated as a National Marine 
        Sanctuary, manage the reserve in a manner consistent with the 
        purposes and policies of that Act.
        (3) Public comment.--Notwithstanding any other provision of 
    law, no closure areas around the Northwestern Hawaiian Islands 
    shall become permanent without adequate review and comment.
        (4) Coordination.--The Secretary shall work with other Federal 
    agencies and the Director of the National Science Foundation, to 
    develop a coordinated plan to make vessels and other resources 
    available for conservation or research activities for the reserve.
        (5) Review.--If the Secretary has not designated a national 
    marine sanctuary in the Northwestern Hawaiian Islands under 
    sections 303 and 304 of the National Marine Sanctuaries Act (16 
    U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall 
    conduct a review of the management of the reserve under section 
    304(e) of that Act (16 U.S.C. 1434(e)).
        (6) Report.--No later than 6 months after the date of enactment 
    of this Act, the Secretary shall submit a report to the Senate 
    Committee on Commerce, Science, and Transportation and the House of 
    Representatives Committee on Resources, describing actions taken to 
    implement this subsection, including costs of monitoring, 
    enforcing, and addressing marine debris, and the extent to which 
    the fiscal or other resources necessary to carry out this 
    subsection are reflected in the Budget of the United States 
    Government submitted by the President under section 1104 of title 
    31, United States Code.
        (7) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary of Commerce to carry out the 
    provisions of this subsection such sums, not exceeding $4,000,000 
    for each of fiscal years 2001, 2002, 2003, 2004, and 2005, as are 
    reported under paragraph (6) to be reflected in the Budget of the 
    United States Government.

SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

    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, other than a vessel operated by 
        the Department of Defense or United States Coast Guard, subject 
        to such person's control for the purposes of conducting any 
        search or inspection in connection with the enforcement of this 
        title;
            ``(B) resisting, opposing, impeding, intimidating, 
        harassing, bribing, interfering with, or forcibly assaulting 
        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. 8. CHANGES IN ENFORCEMENT PROVISIONS.

    (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 of 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,''.
    (d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is 
amended by adding at the end the following:
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process.''.

SEC. 9. ADDITIONAL REGULATIONS AUTHORITY.

    Section 308 (16 U.S.C. 1439) is amended to read as follows:

``SEC. 308. REGULATIONS.

    ``The Secretary may issue such regulations as may be necessary to 
carry out this title.''.
  SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION PROVISIONS.
    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, or 
coordinate research, monitoring, evaluation, 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, and the 
        conservation, curation, and public display of, the cultural, 
        archeological, and historical resources of national marine 
        sanctuaries.
        ``(2) Availability of results.--The results of research and 
    monitoring conducted, supported, or permitted 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 and the System. Efforts 
    supported, promoted, or coordinated under this subsection must 
    emphasize the conservation goals and sustainable public uses of 
    national marine sanctuaries and the System.
        ``(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 sustainable 
    public uses of national marine sanctuaries by providing the public 
    with information about the conservation, recreational, ecological, 
    historical, cultural, archeological, scientific, educational, or 
    esthetic qualities of the national marine sanctuary.
    ``(e) Consultation and Coordination.--In conducting, supporting, 
and coordinating research, monitoring, evaluation, and education 
programs under subsection (a) and developing interpretive facilities 
under subsection (d), the Secretary may consult or coordinate with 
Federal, interstate, or regional agencies, States or local 
governments.''.

SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

    Section 310 (16 U.S.C. 1441) is amended--
        (1) by redesignating subsections (b) through (f) as subsections 
    (c) through (g), and by inserting after subsection (a) the 
    following:
    ``(b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any category of activity 
subject to a special use permit under subsection (a).'';
        (2) by striking ``insurance'' in paragraph (4) of subsection 
    (c), as redesignated, and inserting ``insurance, or post an 
    equivalent bond,'';
        (3) by striking ``resource and a reasonable return to the 
    United States Government.'' in paragraph (2)(C) of subsection (d), 
    as redesignated, and inserting ``resource.'';
        (4) in subsection (d)(3)(B), as redesignated, by striking 
    ``designating and''; and
        (5) in subsection (d), as redesignated, 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 access to or use of 
    sanctuary resources.''.

SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

    (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 nonreimbursable 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. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR 
      INJURY.
    (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 archeological, 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. 14. 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--
            ``(A) $32,000,000 for fiscal year 2001;
            ``(B) $34,000,000 for fiscal year 2002;
            ``(C) $36,000,000 for fiscal year 2003;
            ``(D) $38,000,000 for fiscal year 2004;
            ``(E) $40,000,000 for fiscal year 2005; and
        ``(2) for construction projects at national marine sanctuaries, 
    $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 
    2005.''.

SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS.

    Section 314 (16 U.S.C. 1445) is amended by striking subsection (b) 
and redesignating subsection (c) as subsection (b).

SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

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

SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

    Section 316 (16 U.S.C. 1445b) is amended--
        (1) in subsection (a)(1), by inserting ``or the System'' after 
    ``sanctuaries'';
        (2) 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,'';
        (3) 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
        (4) 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.
    ``(g) Authorization for Non-Profit Partner Organization To Solicit 
Sponsors.--
        ``(1) In general.--The Secretary may enter into an agreement 
    with a non-profit partner organization authorizing it to assist in 
    the administration of the sponsorship program established under 
    this section. Under an agreement entered into under this paragraph, 
    the Secretary may authorize the non-profit partner organization to 
    solicit persons to be official sponsors of the national marine 
    sanctuary system or of individual national marine sanctuaries, upon 
    such terms as the Secretary deems reasonable and will contribute to 
    the successful administration of the sanctuary system. The 
    Secretary may also authorize the non-profit partner organization to 
    collect the statutory contribution from the sponsor, and, subject 
    to paragraph (2), transfer the contribution to the Secretary.
        ``(2) Reimbursement for administrative costs.--Under the 
    agreement entered into under paragraph (1), the Secretary may 
    authorize the non-profit partner organization to retain not more 
    than 5 percent of the amount of monetary contributions it receives 
    from official sponsors under the agreement to offset the 
    administrative costs of the organization in soliciting sponsors.
        ``(3) Partner organization defined.--In this subsection, the 
    term `partner organization' means an organization that--
            ``(A) draws its membership from individuals, private 
        organizations, corporations, academic institutions, or State 
        and local governments; and
            ``(B) is established to promote the understanding of, 
        education relating to, and the conservation of the resources of 
        a particular sanctuary or 2 or more related sanctuaries.''.
  SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM.
    The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is 
amended by inserting after section 317 the following:

``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

    ``(a) Establishment.--The Secretary shall establish and administer 
through the National Ocean Service the Dr. Nancy Foster Scholarship 
Program. Under the program, the Secretary shall award graduate 
education scholarships in oceanography, marine biology or maritime 
archeology, to be known as Dr. Nancy Foster Scholarships.
    ``(b) Purposes.--The purposes of the Dr. Nancy Foster Scholarship 
Program are--
        ``(1) to recognize outstanding scholarship in oceanography, 
    marine biology, or maritime archeology, particularly by women and 
    members of minority groups; and
        ``(2) to encourage independent graduate level research in 
    oceanography, marine biology, or maritime archeology.
    ``(c) Award.--Each Dr. Nancy Foster Scholarship--
        ``(1) shall be used to support graduate studies in 
    oceanography, marine biology, or maritime archeology at a graduate 
    level institution of higher education; and
        ``(2) shall be awarded in accordance with guidelines issued by 
    the Secretary.
    ``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster 
Scholarship shall be provided directly to a recipient selected by the 
Secretary upon receipt of certification that the recipient will adhere 
to a specific and detailed plan of study and research approved by a 
graduate level institution of higher education.
    ``(e) Funding.--Of the amount available each fiscal year to carry 
out this title, the Secretary shall award 1 percent as Dr. Nancy Foster 
Scholarships.
    ``(f) Scholarship Repayment Requirement.--The Secretary shall 
require an individual receiving a scholarship under this section to 
repay the full amount of the scholarship to the Secretary if the 
Secretary determines that the individual, in obtaining or using the 
scholarship, engaged in fraudulent conduct or failed to comply with any 
term or condition of the scholarship.
    ``(g) Maritime Archeology Defined.--In this section the term 
`maritime archeology' includes the curation, preservation, and display 
of maritime artifacts.''.

SEC. 19. 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. 1433(b)(2)(A)).
        (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
    (b) Correction of Reference to Renamed Act.--(1) Section 302(2) is 
amended to read as follows:
        ``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens Fishery 
    Conservation and Management Act (16 U.S.C. 1801 et seq.);''.
    (2) Section 302(9) is amended by striking ``Magnuson Fishery 
Conservation and Management Act'' and inserting ``Magnuson-Stevens 
Act''.
    (3) Section 303(b)(2)(D) is amended by striking ``Magnuson Act'' 
and inserting ``Magnuson-Stevens Act''.
    (4) Section 304(a)(5) is amended by striking ``Magnuson Act'' and 
inserting ``Magnuson-Stevens Act''.
    (5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by 
striking ``Magnuson Fishery Conservation and Management Act'' and 
inserting ``Magnuson-Stevens Act''.
    (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is 
amended by striking ``United States'' and inserting ``united states''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.