[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2376 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2376

To designate the Northwestern Hawaiian Islands National Marine Refuge, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2005

   Mr. Case introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To designate the Northwestern Hawaiian Islands National Marine Refuge, 
                        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 ``Northwestern Hawaiian Islands 
National Marine Refuge Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Northwestern Hawaiian Islands (NWHI) and their 
        associated waters encompass the most isolated coral reefs in 
        the world, with the highest proportion of marine endemic 
        species, and a plethora of valuable and unique natural and 
        cultural resources, most of which are highly vulnerable.
            (2) These 1,200 miles of coral islands, sea mounts, banks, 
        and shoals are unquestionably the healthiest and most extensive 
        coral reefs in the United States.
            (3) This vast area of exceptional coral reef ecosystems 
        supports more than 7,000 marine species, of which approximately 
        one quarter are unique to the NWHI.
            (4) The waters of the NWHI must be set aside as a fully 
        protected national marine refuge to preserve in perpetuity 
        their unique and fragile ecosystems, habitats, and communities 
        of flora and fauna, as well as areas of traditional Hawaiian 
        cultural significance.
            (5) A Northwestern Hawaiian Islands National Marine Refuge 
        would best preserve and protect the foraging grounds of the 
        endangered monk seal, the nesting green sea turtle, and the 
        multitude of seabirds that make the NWHI their home.
            (6) Designating the waters of the NWHI as a national marine 
        refuge would also best preserve and protect invaluable nursery 
        and spawning grounds of many species of fish and invertebrates, 
        and may help replenish severely depleted marine populations in 
        the main Hawaiian Islands.
            (7) As yet, only a few invasive aquatic species have become 
        established in the NWHI and their associated waters, and 
        continued vessel and other access to this area is highly likely 
        to cause further contamination by alien aquatic species from 
        the main Hawaiian Islands and elsewhere.
            (8) Establishing the waters of the NWHI as a national 
        marine refuge will protect and conserve the largest contiguous 
        coral reef ecosystem in the United States and in the world and 
        will strengthen global protection of coral reef resources at a 
        critical time.
            (9) The preservation and protection of the waters of the 
        NWHI as a national marine refuge is in conformity with the 
        findings and recommendations on marine protected areas by the 
        United States Commission on Ocean Policy, the purposes of 
        Executive Order 13196 of January 18, 2001, Executive Order 
        13178 of December 4, 2000, Executive Order 13158 of May 26, 
        2000, the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Act of August 25, 1916, 
        popularly known as the National Park Service Organic Act (16 
        U.S.C. 1 et seq.), the National Historic Preservation Act (16 
        U.S.C. 470 et seq.), the Wilderness Act (16 U.S.C. 1131 et 
        seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et 
        seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), and other pertinent statutes.

SEC. 3. PURPOSES AND POLICIES.

    The purposes and policies of this Act are as follows:
            (1) To designate the Northwestern Hawaiian Islands National 
        Marine Refuge.
            (2) To set aside the waters of the NWHI as a national 
        marine refuge that fully preserves and protects in perpetuity 
        the natural resources and cultural heritage of the area 
        described in section 6.
            (3) To provide that the preservation of biodiversity and 
        the protection and conservation of the natural resources and 
        cultural heritage of that area shall be the exclusive basis for 
        all associated decisions by Federal agencies.
            (4) To provide authority for comprehensive and coordinated 
        conservation and management of the Northwestern Hawaiian 
        Islands National Marine Refuge utilizing ecosystem and 
        precautionary management approaches and best available science.
            (5) To allow research and other activities in the 
        Northwestern Hawaiian Islands National Marine Refuge only for 
        the purposes of understanding, maintaining, protecting, and if 
        necessary restoring the natural biological communities, 
        habitats, native species, populations, and ecological processes 
        of such Refuge, in conformity with paragraph (3).
            (6) To provide that all human activities in the 
        Northwestern Hawaiian Islands National Marine Refuge shall be 
        limited to those entirely consistent with preservation and 
        protection in the true nature of a fully protected refuge, and 
        that all commercial use of such refuge shall be prohibited, in 
        conformity with paragraph (3).
            (7) To provide that access to and transit through the 
        Northwestern Hawaiian Islands National Marine Refuge shall be 
        allowed only if authorized by a valid permit issued pursuant to 
        this Act, except as necessary for valid law enforcement 
        purposes.

SEC. 4. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Native hawaiian subsistence practices.--The term 
        ``Native Hawaiian subsistence practices''--
                    (A) means traditional Native Hawaiian uses of ocean 
                resources for the purposes of perpetuating traditional 
                knowledge, taking responsibility and caring for the 
                environment, engaging in direct personal consumption 
                while in the NWHI or the Refuge, and strengthening 
                cultural and spiritual connections to the NWHI and the 
                Refuge; and
                    (B) does not include sale in any place of any 
                marine resources.
            (2) Sustenance fishing.--The term ``sustenance fishing'' 
        means harvesting any marine resources for personal consumption 
        while in the NWHI or the Refuge, and only as incidental to 
        other permitted activity, with all such catch consumed while in 
        the NWHI or the Refuge.
            (3) Refuge resources.--The term ``Refuge resources'' 
        includes all natural resources within the Refuge, including 
        without limitation, mammals, fish, including aquaria species 
        and live fish trade species, crustaceans, coral, live rock, 
        fossil coral, rock, sand, mollusks, sponges and other 
        invertebrates, plants and algae, and other species, subspecies, 
        and any part, product, egg, or offspring thereof.
            (4) Vessel monitoring system.--The term ``vessel monitoring 
        system'' means real time satellite position fixing transmitters 
        that allow for remote tracking of the position of vessels, and, 
        where specifically permitted, communications with vessels.
            (5) Cooperative management.--The term ``cooperative 
        management'' means management under cooperative arrangements 
        between the National Ocean Service and other Federal agencies 
        and the State of Hawaii that specify how such agencies and the 
        State will cooperate with the National Ocean Service in the 
        management of the Refuge.
            (6) Damages.--The term ``damages'' includes--
                    (A) compensation for--
                            (i)(I) the cost of replacing, restoring, or 
                        acquiring the equivalent of a Refuge resource; 
                        and
                            (II) the value of the lost use of a Refuge 
                        resource pending its restoration or replacement 
                        or the acquisition of an equivalent Refuge 
                        resource; or
                            (ii) the value of a Refuge resource if the 
                        Refuge resource cannot be restored or replaced 
                        or if the equivalent of such resource cannot be 
                        acquired;
                    (B) the cost of damage assessments under section 
                9(b)(2);
                    (C) the reasonable cost of monitoring appropriate 
                to the injured, restored, or replaced Refuge resources;
                    (D) the cost of curation and conservation of 
                archeological, historical, and cultural Refuge 
                resources; and
                    (E) the cost of enforcement actions undertaken by 
                the Secretary in response to the destruction or loss 
                of, or injury to, a Refuge resource.
            (7) Response costs.--The term ``response costs'' means the 
        costs of actions taken or authorized by the Secretary to 
        minimize destruction or loss of, or injury to, Refuge 
        resources, or to minimize the imminent risks of such 
        destruction, loss, or injury, including costs related to 
        seizure, forfeiture, storage, or disposal arising from 
        liability under section 10.
            (8) NWHI.--The term ``NWHI'' means the Northwestern 
        Hawaiian Islands, and encompasses all terrestrial possessions 
        of the United States from the Island of Nihoa through and 
        including Kure Atoll.
            (9) Refuge.--The term ``Refuge'' means the Northwestern 
        Hawaiian Islands National Marine Refuge designated by section 
        5.
            (10) ONMSR.--The term ``ONMSR'' means the Office of 
        National Marine Sanctuaries and Refuges established under 
        section 6.

SEC. 5. DESIGNATION.

    (a) Designation.--The area described in this section is designated 
as the Northwestern Hawaiian Islands National Marine Refuge.
    (b) Included Islands, Atolls, Rocks, and Reefs.--Subject to the 
specific boundaries set forth in subsections (c) and (d), the 
Northwestern Hawaiian Islands National Marine Refuge shall include the 
islands, atolls, rocks, reefs and other substrate, submerged reefs and 
other substrate, and oceans and waters of the Northwestern Hawaiian 
Islands Archipelago between latitudes 22 degrees and 30 degrees north 
and longitudes 161 degrees and 180 degrees west.
    (c) Seaward Boundary.--
            (1) In general.--The seaward boundary of the Refuge is a 
        line that is 50 nautical miles from the approximate geographic 
        center positions of each of Nihoa Island, Necker Island (also 
        known as Mokumanamana Island), French Frigate Shoals, Gardner 
        Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl 
        and Hermes Reef, Midway Atoll and Kure Atoll, except that at 
        Kure Atoll the seaward boundary shall extend northwest by west 
        (approximately 300 compass degrees) to the limits of the United 
        States exclusive economic zone between two parallel lines that 
        are tangent to the 50 nautical mile boundary around Kure Atoll.
            (2) Intermediate areas.--Where the areas described in 
        paragraph (1) are not contiguous, parallel lines drawn tangent 
        to and connecting those semicircles of the 50 nautical mile 
        areas that lie around such areas shall delimit the remainder of 
        the Refuge.
    (d) Inland Boundary.--The inland boundary of the Refuge around each 
of the areas described in subsection (b) is, as appropriate--
            (1) the seaward boundary of the Hawaiian Islands National 
        Wildlife Refuge;
            (2) the seaward boundary of the Midway Atoll National 
        Wildlife Refuge; and
            (3) the ordinary low watermark of Kure Atoll.

SEC. 6. MANAGEMENT.

    (a) Establishment of Office.--There is established within the 
National Ocean Service of the Department of Commerce the Office of 
National Marine Sanctuaries and Refuges.
    (b) Primary Authority.--The Secretary of Commerce, acting through 
the ONMSR, has primary jurisdiction and ultimate management authority 
and control over the Refuge area and its resources.
    (c) Management of Refuge.--The Secretary of Commerce, acting 
through the ONMSR, shall provide for the following:
            (1) Cooperative management arrangements with the Hawaiian 
        Islands National Wildlife Refuge, Midway Atoll National 
        Wildlife Refuge, other appropriate Federal agencies, and the 
        State of Hawaii, all consistent with relevant authorities.
            (2) Coordination among Federal agencies and the Director of 
        the National Science Foundation to make vessels and other 
        resources available for conservation and research activities in 
        the Refuge.
            (3) Research and monitoring for the purposes of 
        understanding, maintaining, protecting, and if necessary 
        restoring the natural biological communities, habitats, native 
        species, populations, and ecological processes of the Refuge.
            (4) The cleanup and prevention of marine debris in the 
        Refuge.
            (5) The anticipation and mitigation of threats to Refuge 
        resources and cooperation with other Federal and State agencies 
        to maintain contingency planning, emergency response, damage 
        assessment, and restoration measures.
            (6) The development and maintenance of enforcement and 
        surveillance programs to maximize protection of the Refuge, 
        including the use of new technologies and coordination with the 
        Coast Guard and other relevant agencies.
            (7) Identification, in consultation with Native Hawaiian 
        interests, of culturally significant, noncommercial 
        subsistence, cultural, and religious practices and locations 
        within the Refuge.
            (8) Any regulations, in addition to the conservation 
        measures established under this Act, that the Secretary 
        determines are necessary to mange the Refuge in accordance with 
        this Act.
            (9) A report to the Congress every 12 months on the status 
        of the Refuge.
    (d) Memoranda of Agreement.--To promote cooperative management of 
the entirety of the shallow areas of the coral reef ecosystem 
throughout the Northwestern Hawaiian Islands, the Secretary shall work 
with the Secretary of the Interior and the Governor of the State of 
Hawaii to enter into memoranda of agreement for the cooperative 
management of the Refuge, Midway Atoll National Wildlife Refuge, 
Hawaiian Islands National Wildlife Refuge, and State waters and 
submerged lands within the Northwestern Hawaiian Islands National 
Marine Refuge.
    (e) Advisory Council.--
            (1) Establishment.--The Secretary shall establish a 
        Northwestern Hawaiian Islands National Marine Refuge Advisory 
        Council to provide advice and recommendations to the Secretary 
        regarding management of the Refuge. The Federal Advisory 
        Committee Act (5 App. U.S.C.) shall not apply to the Advisory 
        Council.
            (2) Functions.--The Advisory Council shall--
                    (A) review permitted activities pursuant to the 
                purposes, policies, and management requirements of the 
                Refuge, other pertinent laws, and international 
                conventions;
                    (B) recommend to the Secretary and to other Federal 
                officials such steps as it considers necessary or 
                desirable for the protection and conservation of the 
                natural and cultural resources of the Refuge;
                    (C) in cooperation with the National Ocean Service, 
                recommend to the Secretary such revisions of the 
                endangered species list and threatened species list, 
                critical habitat designations, and conservation 
                measures pursuant thereto as may be appropriate; and
                    (D) recommend to the Secretary, other appropriate 
                Federal officials, and the Congress, such additional 
                measures as it considers necessary or desirable to 
                further the purposes and policies of this Act, 
                including provisions for the protection and exercise of 
                the traditional practices of Native Hawaiians.
            (3) Voting members.--The voting members of the Advisory 
        Council shall include the following:
                    (A) Two Native Hawaiian representatives, including 
                one Native Hawaiian elder with experience or knowledge 
                regarding Native Hawaiian subsistence, cultural, 
                religious, or other practices in the Northwestern 
                Hawaiian Islands.
                    (B) Three representatives from the science 
                community with experience specific to the Northwestern 
                Hawaiian Islands and with expertise in at least one of 
                the following areas:
                            (i) Marine mammal science.
                            (ii) Coral reef ecology.
                            (iii) Native marine flora and fauna of the 
                        Hawaiian Islands.
                            (iv) Oceanography.
                            (v) Any other scientific discipline the 
                        Secretary determines to be appropriate.
                    (C) Two representatives from nongovernmental 
                wildlife, marine life, environmental, or conservation 
                organizations with a demonstrated interest in 
                conservation and protection of refuge resources.
            (4) Nonvoting members.--The nonvoting members of the 
        Advisory Council shall include the following:
                    (A) One representative from the State of Hawaii 
                appointed by the Governor.
                    (B) One representative from each of the Department 
                of the Interior, the Coast Guard, the National Marine 
                Sanctuary Program, and the Marine Mammal Commission.
            (5) Compensation and expenses.--The voting members of the 
        Advisory Council who are not employed by the Federal Government 
        or any State or local government shall receive compensation at 
        the daily rate or the daily equivalent rate for step 7 of GS-15 
        of the General Schedule under section 5332 of title 5, United 
        States Code, when engaged in the actual performance of duties 
        for the Council. The voting members of the Council shall be 
        reimbursed for actual expenses incurred in the performance of 
        their duties, including travel expenses and per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, United 
        States Code for persons in Government service employed 
        intermittently. Nonvoting members and Council staff members may 
        be reimbursed for actual expenses.
            (6) Staffing and assistance.--The Secretary may make 
        available to the Council any staff, information, administrative 
        services, or assistance the Secretary determines are reasonably 
        required to enable the Council to carry out its functions.
            (7) Public participation and procedural matters.--The 
        following guidelines apply with respect to the conduct of 
        business meetings of the Council:
                    (A) Each meeting should be open to the public, and 
                interested persons should be permitted to present oral 
                or written statements on items on the agenda.
                    (B) Emergency meetings may be held at the call of 
                the chairman or presiding officer.
                    (C) Minutes of each meeting should be kept and 
                contain a summary of the attendees and matters 
                discussed.

SEC. 7. PROTECTION AND CONSERVATION MEASURES.

    (a) Vessel Requirement.--Any United States-flagged vessel over 25 
feet in length traveling through or in the Refuge--
            (1) shall be inspected for and certified to be free of any 
        species alien to the NWHI, including any hull-encrusting 
        organisms, by an inspector authorized by the head of ONMSR 
        within no more than 14 days before entering the Refuge;
            (2) shall carry an approved and active vessel monitoring 
        system;
            (3) shall carry a Federal Government observer;
            (4) shall post a $1,000,000 vessel-grounding bond, or carry 
        an equivalent amount of vessel grounding insurance; and
            (5) shall notify the Refuge manager by telephone, radio, or 
        other electronic means when entering and leaving the Refuge.
    (b) Prohibited Activities.--Except as authorized by a permit under 
subsection (d), it shall be unlawful for any person to take, injure, 
destroy, cause the loss of, or disturb any Refuge resource, including 
the following acts:
            (1) To possess, sell, offer for sale, purchase, import, 
        export, deliver, carry, transport, or ship by any means any 
        Refuge resource taken in violation of this section.
            (2) To anchor in any area of the Refuge that contains 
        available mooring buoys, or to anchor outside an available 
        anchoring area if such area has been designated by the 
        Secretary.
            (3) To touch living coral or live rock in the Refuge.
            (4) To anchor a vessel in the Refuge on any living coral or 
        live rock with an anchor, an anchor chain, or an anchor rope 
        when visibility is such that the seabed can be seen.
            (5) To explore for, develop, or produce oil, gas, or any 
        mineral in the Refuge.
            (6) To drill into, dredge, or otherwise alter the seabed in 
        the Refuge.
            (7) To construct, place, or abandon any structure, 
        material, or other matter on the seabed in the Refuge.
            (8) To discard plastic in the Refuge, including any 
        synthetic rope, synthetic fishing net, or plastic garbage bag.
            (9) To discard rags, glass, metal, bottles, crockery, paper 
        products, dunnage, lining, or packing material in the Refuge 
        that will float, or any similar refuse.
            (10) To discharge or deposit any material or other matter 
        in the Refuge, or to discharge or deposit any material or other 
        matter outside the Refuge that subsequently enters the Refuge 
        and injures any resource of the Refuge, except the following 
        may be discharged or deposited by permit only:
                    (A) Fish parts used in and during operations 
                authorized under this Act.
                    (B) Biodegradable effluent incident to vessel use 
                and generated by a marine sanitation device in 
                accordance with section 312 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1322).
                    (C) Water generated by routine vessel operations, 
                including water from deck washdown and gray water as 
                defined in section 312 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1322), but excluding oily wastes 
                from bilge pumping.
                    (D) Cooling water from vessels or engine exhaust.
            (11) To interfere with the enforcement of this Act by--
                    (A) refusing to allow any officer authorized to 
                enforce this Act to board a vessel that is subject to 
                such person's control, other than a vessel operated by 
                the Department of Defense or the Coast Guard, for the 
                purposes of conducting any search or inspection in 
                connection with the enforcement of this Act;
                    (B) resisting, opposing, impeding, intimidating, 
                harassing, bribing, interfering with, or forcibly 
                assaulting any person authorized by the Secretary to 
                implement this Act or any such authorized officer in 
                the conduct of any search or inspection performed under 
                this Act;
                    (C) knowingly and willfully submitting false 
                information to the Secretary or any officer authorized 
                to enforce this Act in connection with any search or 
                inspection conducted under this Act; or
                    (D) violating any provision of this Act or any 
                regulation or permit issued pursuant to this Act.
    (c) Compensation for Displaced Fishermen.--Any person who, on the 
date of the enactment of this Act, holds a valid Federal permit that 
authorizes fishing in a NWHI or Refuge fisher and is actively engaged 
in fishing under such permit during the 1-year period preceding the 
date of the enactment of this Act shall be eligible for fisheries 
disaster relief under section 312(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(a)).
    (d) Permits.--
            (1) In general.--The Secretary of Commerce, acting through 
        the National Ocean Service, may issue permits only for 
        activities in the Refuge that are consistent with this Act. In 
        issuing such permits, the Secretary shall apply the 
        precautionary approach, particularly in any case in which there 
        is a lack of information regarding the potential impacts of any 
        activity.
            (2) Permitable activities.--The Secretary may issue permits 
        under this subsection for--
                    (A) research for the purposes of assessing and 
                monitoring the health of Refuge ecosystems, which may 
                include extraction of a small amount of natural 
                resources otherwise prohibited by subsection (b);
                    (B) Native Hawaiian subsistence practices;
                    (C) sustenance fishing for pelagic and bottomfish 
                species using pole and line, trolling and handline 
                methods within the Refuge, except where specifically 
                prohibited;
                    (D) marine debris removal; and
                    (E) other activities in furtherance of the purposes 
                and policies of this Act.

SEC. 8. ENFORCEMENT.

    (a) In General.--The Secretary shall conduct such enforcement 
activities as are necessary and reasonable to carry out this Act.
    (b) Powers of Authorized Officers.--Any person who is authorized to 
enforce this act may--
            (1) board, search, inspect, and seize any vessel suspected 
        of being used to violate this Act or any regulation or permit 
        issued under this Act and any equipment, stores, and cargo of 
        such vessel;
            (2) seize wherever found any Refuge resource taken or 
        retained in violation of this Act or any regulation or permit 
        issued under this Act;
            (3) seize any evidence of a violation of this Act or of any 
        regulation or permit issued under this Act;
            (4) execute any warrant or other process issued by any 
        court of competent jurisdiction;
            (5) exercise any other lawful authority; and
            (6) arrest any person, if there is reasonable cause to 
        believe that such person has committed an act prohibited by 
        section 8(b)(11).
    (c) Criminal Offenses.--
            (1) Offenses.--A person is guilty of an offense under this 
        subsection if the person commits any act prohibited by section 
        8(b)(11) of this Act.
            (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 Act or any person authorized 
                to implement the provisions of this Act, 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.
    (d) Civil Penalties.--
            (1) Civil penalty.--Any person subject to the jurisdiction 
        of the United States who violates this Act or any regulation or 
        permit issued under this Act shall be liable to the United 
        States for a civil penalty of not more than $100,000 for each 
        such violation, to be assessed by the Secretary. Each day of a 
        continuing violation shall constitute a separate violation.
            (2) Notice.--No penalty shall be assessed under this 
        subsection until after the person charged has been given notice 
        and an opportunity for a hearing.
            (3) In rem jurisdiction.--A vessel used in violating this 
        Act or any regulation or permit issued under this Act shall be 
        liable in rem for any civil penalty assessed for such 
        violation. Such penalty shall constitute a maritime lien on the 
        vessel and may be recovered in an action in rem in the district 
        court of the United States having jurisdiction over the vessel.
            (4) Review of civil penalty.--Any person against whom a 
        civil penalty is assessed under this subsection may obtain 
        review in the United States district court for the appropriate 
        district by filing a complaint in such court not later than 30 
        days after the date of such order.
            (5) Collection of penalties.--If any person fails to pay an 
        assessment of a civil penalty under this section after it has 
        become a final and unappealable order, or after the appropriate 
        court has entered final judgment in favor of the Secretary, the 
        Secretary shall refer the matter to the Attorney General, who 
        shall recover the amount assessed in any appropriate district 
        court of the United States. In such action, the validity and 
        appropriateness of the final order imposing the civil penalty 
        shall not be subject to review.
            (6) Compromise or other action by secretary.--The Secretary 
        may compromise, modify, or remit, with or without conditions, 
        any civil penalty which is or may be imposed under this 
        section.
    (e) Forfeiture.--
            (1) In general.--Any vessel (including the vessel's 
        equipment, stores, and cargo) and other item used, and any 
        Refuge resource taken or retained, in any manner, in connection 
        with or as a result of any violation of this Act or of any 
        regulation or permit issued under this Act shall be subject to 
        forfeiture to the United States pursuant to a civil proceeding 
        under this subsection. The proceeds from forfeiture actions 
        under this subsection shall constitute a separate recovery in 
        addition to any amounts recovered as civil penalties under this 
        section or as civil damages under section 10. None of those 
        proceeds shall be subject to setoff.
            (2) Application of the customs laws.--The Secretary may 
        exercise the authority of any United States official granted by 
        any relevant customs law relating to the seizure, forfeiture, 
        condemnation, disposition, remission, and mitigation of 
        property in enforcing this Act.
            (3) Disposal of refuge resources.--Any Refuge resource 
        seized pursuant to this Act may be disposed of pursuant to an 
        order of the appropriate court, or, if perishable, in a manner 
        prescribed by regulations promulgated by the Secretary. Any 
        proceeds from the sale of such Refuge resource shall for all 
        purposes represent the Refuge resource so disposed of in any 
        subsequent legal proceedings.
            (4) Presumption.--For the purposes of this section there is 
        a rebuttable presumption that all Refuge resources found on 
        board a vessel that are used or seized in connection with a 
        violation of this Act or of any regulation or permit issued 
        under this Act were taken or retained in violation of this Act 
        or of a regulation or permit issued under this Act.
    (f) Payment of Storage, Care, and Other Costs.--
            (1) Expenditures.--
                    (A) Retention of penalties, forfeitures, and 
                costs.--Notwithstanding any other law, amounts received 
                by the United States as civil penalties, forfeitures of 
                property, and costs imposed under paragraph (2) shall 
                be retained by the Secretary in the manner provided for 
                in section 107(f)(1) of the Comprehensive Environmental 
                Response, Compensation and Liability Act (42 U.S.C. 
                9607 (f)(1)).
                    (B) Use of forfeitures and costs.--Amounts received 
                under this section for forfeitures and costs imposed 
                under paragraph (2) shall be used to pay the reasonable 
                and necessary costs incurred by the Secretary to 
                provide temporary storage, care, maintenance, and 
                disposal of any Refuge resource or other property 
                seized in connection with a violation of this Act or 
                any regulation or permit issued under this Act.
                    (C) Use of civil penalties and remaining amounts.--
                Amounts received under this section as civil penalties 
                and any amounts remaining after the operation of 
                subparagraph (B) shall be used, in order of priority, 
                to--
                            (i) manage and improve the Refuge with 
                        respect to which the violation occurred that 
                        resulted in the penalty or forfeiture; and
                            (ii) pay a reward to any person who 
                        furnishes information leading to an assessment 
                        of a civil penalty, or to a forfeiture of 
                        property, for a violation of this Act or any 
                        regulation or permit issued under this Act.
            (2) Liability for costs.--Any person assessed a civil 
        penalty for a violation of this Act or of any regulation or 
        permit issued under this Act, and any claimant in a forfeiture 
        action brought for such a violation, shall be liable for the 
        reasonable costs incurred by the Secretary in storage, care, 
        and maintenance of any Refuge resource or other property seized 
        in connection with the violation.
    (g) Subpoenas.--In the case of any hearing under this section which 
is determined on the record in accordance with the procedures provided 
for under section 554 of title 5, United States Code, the Secretary may 
issue subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, electronic files, and documents, 
and may administer oaths.
    (h) Use of Resources of State and Other Federal Agencies.--The 
Secretary shall, whenever appropriate, use by agreement the personnel, 
services, and facilities of State and other Federal departments, 
agencies, and instrumentalities, on a reimbursable or nonreimbursable 
basis, to carry out the Secretary's responsibilities under this 
section.
    (i) Coast Guard Authority not Limited.--Nothing in this section 
shall be considered to limit the authority of the Coast Guard to 
enforce this or any other Federal law under section 89 of title 14, 
United States Code.
    (j) Injunctive Relief.--If the Secretary determines that there is 
an imminent risk of destruction or loss of or injury to a Refuge 
resource, or that there has been actual destruction or loss of, or 
injury to a Refuge resource that may give rise to liability under 
section 10, the Attorney General, upon request of the Secretary, shall 
seek to obtain such relief as may be necessary to abate such risk or 
actual destruction, loss, or injury, or to restore or replace the 
Refuge resource, or both. The district courts of the United States 
shall have jurisdiction in such a case to order such relief as the 
public interest and the equities of the case may require.
    (k) Area of Application and Enforceability.--The area of 
application and enforceability of this Act includes the territorial sea 
of the United States, as described in Presidential Proclamation 5928 of 
December 27, 1988, and the United States exclusive economic zone, 
consistent with international law.
    (l) Nationwide Service of Process.--In any action by the United 
States under this Act, 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. DESTRUCTION OR LOSS OF, OR INJURY TO, REFUGE RESOURCES.

    (a) Liability.--
            (1) Liability to united states.--Any person who destroys, 
        causes the loss of, or injures any Refuge resource is liable to 
        the United States for an amount equal to the sum of--
                    (A) the amount of response costs and damages 
                resulting from the destruction, loss, or injury; and
                    (B) interest on that amount calculated in the 
                manner described under section 1005 of the Oil 
                Pollution Act of 1990 (33 U.S.C. 2705).
            (2) Liability in rem.--Any vessel used to destroy, cause 
        the loss of, or injure any Refuge resource shall be liable in 
        rem to the United States for response costs and damages 
        resulting from such destruction, loss, or injury. The amount of 
        that liability shall constitute a maritime lien on the vessel 
        and may be recovered in an action in rem in any district court 
        of the United States that has jurisdiction over the vessel.
            (3) Defenses.--A person is not liable under this subsection 
        if that person establishes that--
                    (A) the destruction or loss of, or injury to, the 
                Refuge resource was caused solely by an act of God, an 
                act of war, or an act or omission of a third party, and 
                the person acted with due care;
                    (B) the destruction, loss, or injury was caused by 
                an activity authorized by Federal or State law; or
                    (C) the destruction, loss, or injury was 
                negligible.
            (4) Limits to liability.--Nothing in sections 4281 through 
        4289 of the Revised Statutes of the United States or section 3 
        of the Act of February 13, 1893, shall limit the liability of 
        any person under this Act.
    (b) Response Actions and Damage Assessment.--
            (1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction or loss of, or injury to, Refuge resources, or to 
        minimize the imminent risk of such destruction, loss, or 
        injury.
            (2) Damage assessment.--The Secretary shall assess damages 
        to Refuge resources in accordance with section 4(6).
    (c) Civil Actions for Response Costs and Damages.--
            (1) Commencement.--The Attorney General, upon request of 
        the Secretary, may commence a civil action against any person 
        or vessel who may be liable under subsection (a) for response 
        costs and damages. The Secretary, acting as trustee for Refuge 
        resources, shall submit a request for such an action to the 
        Attorney General whenever a person may be liable for such costs 
        or damages.
            (2) Venue.--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 
                refuge resource occurred.
    (d) Use of Recovered Amounts.--Response costs and damages recovered 
by the Secretary under this section shall be retained by the Secretary 
in the manner provided for in section 107(f)(1) of the Comprehensive 
Environmental Response, Compensation and Liability Act (42 U.S.C. 9607 
(f)(1)), and used as follows:
            (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 refuge 
                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 Refuge 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 Refuge resources; and
                    (B) to restore degraded Refuge resources that were 
                the subject of the action.
            (3) Federal-state coordination.--Amounts recovered under 
        this section with respect to Refuge resources lying within the 
        jurisdiction of the State shall be used under paragraph (2) in 
        accordance with the court decree or settlement agreement and an 
        agreement entered into by the Secretary and the Governor of the 
        State.
    (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 Refuge resources to 
which the action relates.

SEC. 10. REPEAL OF SUPERSEDED PROVISIONS.

    (a) National Marine Sanctuaries Act.--Section 304(f)(3) of the 
National Marine Sanctuaries Act (16 U.S.C. 1434(f)(3)) is amended by 
striking ``documents for'' and all that follows through the period and 
inserting ``documents for a Thunder Bay National Marine Sanctuary.''.
    (b) National Marine Sanctuaries Amendments Act of 2000.--Subsection 
(g) of section 6 of the National Marine Sanctuaries Amendments Act of 
2000 (Public Law 106-513; 114 Stat 2385) is repealed.

SEC. 11. IMPLEMENTATION.

    The Secretary shall issue any regulations necessary to implement 
this Act within 6 months after the date of its enactment.
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