[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1482

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 1999

 Ms. Snowe (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, and Mr. 
    Breaux) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 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 1999''.

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.

    (a) Amendment of Findings.--Section 301(a) (16 U.S.C. 1431(a)) is 
amended--
            (1) by striking ``research, educational, or aesthetic'' in 
        paragraph (2) and inserting ``scientific, educational, 
        cultural, archaeological, or aesthetic'';
            (2) by inserting ``ecosystem'' after ``comprehensive'' in 
        paragraph (3);
            (3) by striking ``wise use'' in paragraph (5) and inserting 
        ``sustainable use'';
            (4) by striking ``and'' after the semicolon in paragraph 
        (5);
            (5) by striking ``protection of these'' in paragraph (6) 
        and inserting ``protecting the biodiversity, habitats, and 
        qualities of such''; and
            (6) by inserting ``and the values and ecological services 
        they provide'' in paragraph (6) after ``living resources''.
    (b) Amendment of Purposes and Policies.--Section 301(b) (16 
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 paragraph (3) and inserting the following:
            ``(3) to maintain natural biodiversity and biological 
        communities, and to protect, and where appropriate, restore, 
        and enhance natural habitats, populations, and ecological 
        processes;'';
            (3) by striking ``understanding, appreciation, and wise use 
        of the marine environment;'' in paragraph (4) and inserting 
        ``understanding, and appreciation of the natural, historical, 
        cultural, and archaeological resources of national marine 
        sanctuaries;'';
            (4) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), and inserting after paragraph (4) 
        the following:
            ``(5) to support, promote, and coordinate scientific 
        research on, and long-term monitoring of, the resources of 
        these marine areas;'';
            (5) by striking ``areas;'' in paragraph (8), as 
        redesignated, and inserting ``areas, including the application 
        of innovative management techniques; and'';
            (6) by striking ``marine resources; and'' in paragraph (9), 
        as redesignated, and inserting ``marine and coastal 
        resources.''; and
            (7) by striking paragraph (10), as redesignated.

SEC. 4. CHANGES IN DEFINITIONS.

    Section 302 (16 U.S.C. 1432) is amended--
            (1) by striking ``304(a)(1)(C)(v)'' in paragraph (1) and 
        inserting ``304(a)(2)(A)'';
            (2) by striking `` `Magnuson'' in paragraph (2) and 
        inserting `` `Magnuson-Stevens'';
            (3) by striking ``and'' after the semicolon in subparagraph 
        (B) of paragraph (6);
            (4) by striking ``resources;'' in subparagraph (C) of 
        paragraph (6) and inserting ``resources; and'';
            (5) by inserting after paragraph (6)(C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources;'';
            (6) by striking ``injury;'' in paragraph (7) and inserting 
        ``injury, including enforcement activities related to any 
        incident;''
            (7) by striking ``educational, or '' in paragraph (8) and 
        inserting ``educational, cultural, archaeological,'';
            (8) by striking ``and'' after the semicolon in paragraph 
        (8);
            (9) by striking ``Magnuson Fishery Conservation and 
        Management Act.'' in paragraph (9) and inserting ``Magnuson-
        Stevens Act;''; and
            (10) by adding at the end thereof the following:
            ``(10) `system' means the National Marine Sanctuary System 
        established by section 303; and
            ``(11) `person' has the meaning given that term by section 
        1 of title 1, United States Code, but includes a department, 
        agency, and instrumentality of the government of the United 
        States, a State, or a foreign Nation.''.

SEC. 5. CHANGES IN SANCTUARY DESIGNATION STANDARDS.

    Section 303 (16 U.S.C. 1433) is amended--
            (1) by striking the section caption and inserting the 
        following:

``SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.'';

            (2) by striking subsection (a) and inserting the following:
    ``(a) 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.'';
            (3) by striking paragraph (3) of subsection (b), and 
        redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
            (4) by striking so much of subsection (b) as precedes 
        paragraph (2), as redesignated, and inserting the following:
    ``(b) Sanctuary Designation Standards.--
            ``(1) In general.--Before designating an area of the marine 
        environment as a national marine sanctuary, the Secretary shall 
        find that--
                    ``(A) the area is of special national significance 
                due to its--
                            ``(i) biodiversity;
                            ``(ii) ecological importance;
                            ``(iii) archaeological, cultural, or 
                        historical importance; or
                            ``(iv) human-use values;
                    ``(B) existing State and Federal authorities should 
                be supplemented to ensure coordinated and comprehensive 
                conservation and management of the area, including 
                resource protection, scientific research, and public 
                education;
                    ``(C) designation of the area as a national marine 
                sanctuary will facilitate the objectives in 
                subparagraph (B); and
                    ``(D) the area is of a size and nature that will 
                permit comprehensive and coordinated conservation and 
                management.'';
            (5) by striking ``subsection (a)'' in paragraph (2), as 
        redesignated, and inserting ``paragraph (1)'';
            (6) by redesignating subparagraphs (E) through (I) of 
        paragraph (2), as redesignated, as paragraphs (F) through (J), 
        and inserting after paragraph (D) the following:
                    ``(E) the areas's scientific value and value for 
                monitoring as a special area of the marine 
                environment;'';
            (7) by redesignating subparagraphs (H), (I), and (J), as 
        redesignated, as subparagraphs (I), (J), and (K) and by 
        inserting after subparagraph (G), as redesignated, the 
        following:
                    ``(H) the feasibility, where appropriate, of 
                employing innovative management approaches to protect 
                sanctuary resources or to manage compatible uses;'';
            (8) by striking ``vital habitats, and resources which 
        generate tourism;'' in subparagraph (I), as redesignated, and 
        inserting ``and vital habitats;'';
            (9) by redesignating subparagraphs (J) and (K) as 
        subparagraphs (K) and (L), and inserting after subparagraph (I) 
        the following:
                    ``(J) the value of the area as an addition to the 
                System;''; and
            (10) by striking ``Merchant Marine and Fisheries'' in 
        subparagraph (A) of paragraph (3), as redesignated, and 
        inserting ``Resources'';
            (11) by inserting after ``Administrator'' in subparagraph 
        (B) of paragraph (3), as redesignated the following: ``of the 
        Environmental Protection Agency,''; and
            (12) by adding at the end of subsection (b) the following:
            ``(4) Required findings.--
                    ``(A) New designations.--Before beginning the 
                designation process for any sanctuary that is not a 
                designated sanctuary before January 1, 2000, the 
                Secretary shall make, and submit to the Congress, a 
                finding that each designated sanctuary has--
                            ``(i) an operational level of facilities, 
                        equipment, and employees;
                            ``(ii) a list of priorities it considers 
                        most urgent and a strategy to address those 
                        priorities;
                            ``(iii) a plan and schedule to complete 
                        site characterization studies to inventory 
                        existing sanctuary resources, including 
                        cultural resources; and
                            ``(iv) a plan for enforcement of the Act 
                        within its boundaries, including partnerships 
                        with adjacent States or other authorities.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                to any draft management plan, draft environmental 
                impact statement, or proposed regulation for a Thunder 
                Bay National Marine Sanctuary.''.

SEC. 6. CHANGES IN PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.

    (a) Changes in Notice Requirements.--Section 304(a) (16 U.S.C. 
1434(a)) is amended--
            (1) by striking paragraph (1)(C) and inserting the 
        following:
                    ``(C) on the same day the notice required by 
                subparagraph (A) is submitted to the Office of the 
                Federal Register, the Secretary shall submit a copy of 
                the notice and the draft sanctuary designation 
                documents prepared under paragraph (2) to the Committee 
                on Resources of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.'';
            (2) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), and inserting the following after 
        paragraph (1):
            ``(2) Sanctuary designation documents.--The Secretary shall 
        prepare sanctuary designation documents on the proposal that 
        include the following:
                    ``(A) A draft environmental impact statement under 
                paragraph (3).
                    ``(B) A management plan document, which the 
                Secretary shall make available to the public, 
                containing--
                            ``(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, including innovative 
                        approaches such as marine zoning, 
                        interpretation and education, research, 
                        monitoring and assessment, resource protection, 
                        restoration, and enforcement (including 
                        surveillance activities for the area);
                            ``(iv) an evaluation of the advantages of 
                        cooperative State and Federal management if all 
                        or part of a proposed marine sanctuary is 
                        within the territorial limits of a State, or is 
                        superjacent to the subsoil and seabed within 
                        the seaward boundary of a State (as 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; and
                            ``(vi) the regulations proposed under 
                        paragraph (1)(A).
                    ``(C) Maps depicting the boundaries of the proposed 
                sanctuary.
                    ``(D) A statement of the basis for the findings 
                made under section 303(b)(2).
                    ``(E) An assessment of the considerations under 
                section 303(b)(1).
                    ``(F) A resource assessment that includes--
                            ``(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) a discussion, prepared after 
                        consultation with the Secretary of the 
                        Interior, of any commercial, governmental, or 
                        recreational resource uses in the areas that 
                        are subject to the primary jurisidiction 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.''.
    (b) Other Notice-Related Changes.--Section 304(a) (16 U.S.C. 
1434(a)) is further amended--
            (1) by striking ``as provided by'' in subparagraph (A) of 
        paragraph (3), as redesignated, and inserting ``under'';
            (2) by inserting ``cultural, archaeological,'' after 
        ``educational,'' in paragraph (4), as redesignated;
            (3) by striking ``only by the same procedures by which the 
        original designation is made.'' in paragraph (4), as 
        redesignated, and inserting ``by following the applicable 
        procedures of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and chapter 5 of title 5, United States 
        Code.'';
            (4) by inserting ``this Act and'' after ``objectives of'' 
        in the second sentence of paragraph (6), as redesignated; and
            (5) by striking ``Merchant Marine and Fisheries Resources'' 
        in paragraph (7), as redesignated, and inserting ``Resources''.
    (c) Other Changes.--Section 304 (16 U.S.C. 1434) is amended--
            (1) by inserting ``or the national system'' in subsection 
        (b)(2) after ``sanctuary'';
            (2) by striking ``management techniques,'' in subsection 
        (e) and inserting ``management techniques and strategies,''; 
        and
            (3) by striking ``title.'' in subsection (e) and inserting 
        ``title. This review shall include a prioritization of 
        management objectives.''

SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

    Section 306 (16 U.S.C. 1436) is amended--
            (1) by striking ``sell,'' in paragraph (2) and inserting 
        ``offer for sale, sell, purchase, import, export,''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any authorized officer 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 purpose of 
                conducting a search or inspection in connection with 
                the enforcement of this title;
                    ``(B) assaulting, resisting, opposing, impeding, 
                intimidating, or interfering with any authorized 
                officer in the conduct of any search or inspection 
                under this title;
                    ``(C) submitting false information to the Secretary 
                or any officer authorized by the Secretary in 
                connection with any search or inspection under this 
                title; or
                    ``(D) assaulting, resisting, opposing, impeding, 
                intimidating, harassing, bribing, or interfering with 
                any person authorized by the Secretary to implement the 
                provisions of this title; or''.

SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

    Section 307 (16 U.S.C. 1437) is amended--
            (1) by redesignating paragraphs (1) through (5) of 
        subsection (b) as paragraphs (2) through (6), and inserting 
        before paragraph (2) the following:
            ``(1) arrest any person, if there is reasonable cause to 
        believe that the person has committed an act prohibited by 
        section 306(3);'';
            (2) by redesignating subsections (c) through (j) as 
        subsections (d) through (k), and inserting after subsection (b) 
        the following:
    ``(c) Criminal Offenses.--
            ``(1) In general.--Violation of section 306(3) is 
        punishable by a fine under title 18, United States Code, 
        imprisonment for not more than 6 months, or both.
            ``(2) Aggrevated violations.--If a person in the course of 
        violating section 306(3)--
                    ``(A) uses a dangerous weapon,
                    ``(B) causes bodily injury to any person authorized 
                to enforce this title or to implement its provisions, 
                or
                    ``(C) causes such a person to fear imminent bodily 
                injury,
        then the violation is punishable by a fine under title 18, 
        United States Code, imprisonment for not more than 10 years, or 
        both.'';
            (3) by redesignating subsections (e) through (k), as 
        redesignated, as subsections (f) through (l), respectively, and 
        by inserting after subsection (d), as redesignated, the 
        following:
    ``(e) Judicial Civil Penalties.--The Secretary may bring an action 
to access and collect any civil penalty for which a person is liable 
under paragraph (d)(1) in the United States district court for the 
district in which the person from whom the penalty is sought resides, 
in which such person's principal place of business is located, or where 
the incident giving rise to civil penalties under this section 
occurred.'';
            (4) by inserting ``electronic files,'' after ``books,'' in 
        subsection (h), as redesignated; and
            (5) by redesignating subsections (i) through (l), as 
        designated, as subsections (j) through (m), and by inserting 
        after subsection (h), as redesignated, the following:
    ``(i) Nationwide Service of Process.--In any action by the United 
States under this chapter, 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 ADDED.

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

``SEC. 308. REGULATIONS AND SEVERABILITY.

    ``(a) Regulations.--The Secretary may issue such regulations as may 
be necessary to carry out this title.
    ``(b) Severability.--If any provision of this title, or the 
application thereof to any person or circumstance, is held invalid, the 
validity of the remainder of this title and of the application of that 
provision to other persons and circumstances shall not be affected.''.

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 PROGRAMS AND 
              INTERPRETIVE FACILITIES.

    ``(a) In General.--The Secretary shall conduct, support, or 
coordinate research, monitoring, evaluation, and education programs 
necessary and reasonable to carry out the purposes and policies of this 
title.
    ``(b) Research and Monitoring.--The Secretary may support, promote, 
and coordinate appropriate research on, and long-term monitoring of, 
the resources and human uses of marine sanctuaries, as is consistent 
with the purposes and policies of this title. In carrying out this 
subsection the Secretary may consult with Federal agencies, States, 
local governments, regional agencies, interstate agencies, or other 
persons, and coordinate with the National Estuarine Research Reserve 
System.
    ``(c) Education and Interpretive Facilities.--The Secretary may 
establish facilities or displays--
            ``(1) to promote national marine sanctuaries and the 
        purposes and policies of this title; and
            ``(2) either solely or in partnership with other persons, 
        under an agreement under section 311.''.

SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

    Section 310 (16 U.S.C. 1441) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), and by inserting after subsection 
        (a) the following:
    ``(b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any 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) by redesignating paragraph (3) of subsection (d), as 
        redesignated, as paragraph (4), and by inserting after 
        paragraph (2) thereof the following:
            ``(3) Waiver or reduction of fees.--The Secretary may waive 
        or reduce fees under this subsection, or accept in-kind 
        contributions in lieu of fees under this subsection, for 
        activities that do not derive profit from the access to and use 
        of sanctuary resources or that the Secretary considers to be 
        beneficial to the system.''; and
            (5) by striking ``designating and'' in paragraph (4)(B) of 
        subsection (d), as redesignated.

SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

    Section 311 (16 U.S.C. 1442) is amended--
            (1) by adding at the end of subsection (a) the following: 
        ``Notwithstanding any other provision of law to the contrary, 
        the Secretary may apply for, accept, and use grants from 
        Federal agencies, States, local governments, regional agencies, 
        interstate agencies, foundations, or other persons, to carry 
        out the purposes and policies of this title.''; and
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), and inserting after subsection 
        (a) the following:
    ``(b) Use of State and Federal Agency Resources.--The Secretary 
may, whenever appropriate, use by agreement the personnel, services, or 
facilities of departments, agencies, and instrumentalities of the 
government of the United States or of any State or political 
subdivision thereof on a reimbursable or non-reimbursable basis to 
assist in carrying out the purposes and policies of this title.''.

SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR INJURY.

    (a) Liability.--Section 312 (16 U.S.C. 1443(a)) is amended--
            (1) by striking ``used to destroy, cause the loss of, or 
        injure'' in subsection (a)(2) and inserting ``that destroys, 
        causes the loss of, or injures'';
            (2) by inserting ``or vessel'' after ``person'' in 
        subsection (a)(4);
            (3) by inserting ``(as defined in section 302(11))'' after 
        ``damages'' in subsection (b)(2);
            (4) by striking ``vessel who'' in subsection (c) and 
        inserting ``vessel that'';
            (5) by striking ``person may'' in subsection (c) and 
        inserting ``person or vessel may'';
            (6) by inserting ``by the Secretary'' after ``used'' in 
        subsection (d); and
            (7) by adding at the end of subsection (d) the following:
            ``(4) Statute of limitations.--An action for response costs 
        and damages under subsection (c) may not be brought more than 2 
        years after the date of completion of the relevant damage 
        assessment and restoration plan prepared by the Secretary.''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    Section 313 (16 U.S.C. 1444) is amended by striking paragraphs (1), 
(2), and (3) and inserting the following:
            ``(1) $30,000,000 for fiscal year 2000;
            ``(2) $32,000,000 for fiscal year 2001;
            ``(3) $34,000,000 for fiscal year 2002;
            ``(4) $36,000,000 for fiscal year 2003; and
            ``(5) $38,000,000 for fiscal year 2004.''.

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. 1446) 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. 1447) is amended--
            (1) by striking ``use'' in subsection (a)(4) and inserting 
        ``manufacture, reproduction, or other use'';
            (2) by striking ``sanctuaries;'' in subsection (a)(4) and 
        inserting ``sanctuaries or by persons that enter cooperative 
        agreements with the Secretary under subsection (f);'';
            (3) by striking ``symbols'' in subsection (a)(6) and 
        inserting ``symbols, including sale of items bearing the 
        symbols,'';
            (4) striking ``Secretary; and'' in paragraph (3) of 
        subsection (f), as redesignated, and inserting ``Secretary, or 
        without prior authorization under subsection (a)(4); or''; and
            (5) by adding at the end thereof the following:
    ``(f) Authorization for Non-Profit Organization To Solicit 
Sponsors.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with a non-profit 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 organization to solicit persons to be official sponsors 
        of the national marine sanctuary program 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 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 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.''.
                                 <all>