[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6537 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6537

    To reauthorize and amend the National Marine Sanctuaries Act to 
establish a National Marine Sanctuary System, to strengthen and clarify 
            management authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2008

     Ms. Bordallo (for herself, Ms. Ros-Lehtinen, Mr. Kildee, Mr. 
Faleomavaega, Mr. Abercrombie, Mr. Farr, Ms. Woolsey, Mrs. Christensen, 
Ms. Lee, Mr. Fortuno, Ms. Hirono, and Mr. Klein of Florida) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
    To reauthorize and amend the National Marine Sanctuaries Act to 
establish a National Marine Sanctuary System, to strengthen and clarify 
            management authorities, 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 ``Sanctuary Enhancement Act of 2008''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the National Marine 
Sanctuaries Act (16 U.S.C. 1431 et seq.).

SEC. 3. CLARIFICATION OF FINDINGS, PURPOSES, AND POLICIES.

    (a) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively, and by inserting after paragraph (2) 
        the following:
            ``(3) the marine environment consists of numerous 
        ecoregions and ecosystems, the boundaries of which are based on 
        geomorphologic and oceanographic processes and the distribution 
        of living and nonliving resources in the marine environment;
            ``(4) scientific research has confirmed the value of 
        protected areas in the ocean, which serve to--
                    ``(A) increase the number, biomass, density, and 
                diversity of living resources both inside and outside 
                the protected areas;
                    ``(B) maintain ecosystems that are resistant and 
                resilient to a variety of environmental threats such as 
                global climate change, pollution, coastal development, 
                habitat alteration, and overfishing; and
                    ``(C) create spillover and export of eggs, larvae, 
                and juvenile and adult fish, shellfish, and plants 
                which can repopulate adjacent areas;''; and
            (2) in paragraph (6) (as so redesignated) by striking 
        ``managed'' and inserting ``and manages them, together with 
        marine national monuments,''.
    (b) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is 
amended to read as follows:
    ``(b) Purposes and Policies.--The purposes and policies of this 
title are--
            ``(1) to identify and designate as national marine 
        sanctuaries areas of the marine environment that are of special 
        national significance;
            ``(2) to manage the System with the primary purpose being 
        the long-term protection and conservation of the living and 
        nonliving resources of the System;
            ``(3) to include within the System areas that collectively 
        represent the full range of the Nation's marine ecoregions, 
        ecological communities and unique habitats, and diverse 
        maritime heritage resources;
            ``(4) to provide authority for comprehensive and 
        coordinated protection, conservation, and adaptive management 
        of the System, and the activities therein affecting the System, 
        in a manner that supports ecosystem-based management and 
        recognizes existing regulatory authorities and uncertainties in 
        our scientific understanding of the marine environment;
            ``(5) to maintain the natural biological communities in the 
        national marine sanctuaries, and to protect, and, where 
        appropriate, restore and recover natural habitats, populations, 
        and ecological processes;
            ``(6) to enhance public awareness, understanding, 
        appreciation, and sustainable use of the marine environment, 
        and the natural, historical, cultural, and archeological 
        resources of the System;
            ``(7) to support, promote, and coordinate scientific 
        research on, and long-term monitoring of, the resources of the 
        System;
            ``(8) to the extent compatible with the primary purpose of 
        resource protection, to allow the regulated public and private 
        uses of the resources of the System that are not prohibited 
        pursuant to this title or other authorities;
            ``(9) to develop and implement coordinated plans for the 
        protection and management of areas in the System with 
        appropriate Federal agencies, State and local governments, 
        Indian tribes, Regional Fishery Management Councils, and 
        international organizations, and other public and private 
        stakeholders concerned with the continuing health and 
        resilience of the System;
            ``(10) to create models of, and incentives for, ways to 
        conserve and manage System resources, including the application 
        of adaptive or innovative management techniques, such as the 
        utilization of zoning or other temporal or spatial strategies, 
        including use of marine reserves; and
            ``(11) to cooperate with global programs encouraging 
        conservation of marine resources.''.

SEC. 4. COMPONENTS AND MISSION OF NATIONAL MARINE SANCTUARY SYSTEM.

    Section 301(c) (16 U.S.C. 1431(c)) is amended to read as follows:
    ``(c) Establishment and Mission of National Marine Sanctuary 
System.--
            ``(1) Establishment.--There is established the National 
        Marine Sanctuary System, which shall be managed by the 
        Secretary through the Office of National Marine Sanctuaries and 
        consist of--
                    ``(A) national marine sanctuaries designated by the 
                Secretary in accordance with this title or authorized 
                or established by an Act of Congress; and
                    ``(B) marine national monuments.
            ``(2) Mission.--The mission of the System is to protect, 
        conserve, preserve, restore, and recover the biodiversity, 
        ecological integrity, and cultural legacy of the living and 
        nonliving resources within the System for the benefit of 
        present and future generations.''.

SEC. 5. AMENDMENTS TO DEFINITIONS.

    (a) In General.--Section 302 (16 U.S.C. 1432) is amended by 
striking ``and'' after the semicolon at the end of paragraph (9), by 
striking the period at the end of paragraph (10) and inserting a 
semicolon, and by adding at the end the following new paragraphs:
            ``(11) `Indian tribe' has the same meaning given that term 
        in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b);
            ``(12) `marine ecoregion' means a large area of the marine 
        environment that contains a geographically distinct assemblage 
        of natural communities that--
                    ``(A) share a large majority of their species and 
                ecological processes;
                    ``(B) share similar environmental conditions; and
                    ``(C) interact ecologically in ways that are 
                critical for their long-term persistence;
            ``(13) `marine national monument' means a national monument 
        or any portion thereof established by the President pursuant to 
        the Act of June 8, 1906 (chapter 3060; 16 U.S.C. 431), 
        popularly known as the Antiquities Act of 1906, that is--
                    ``(A) assigned as a management responsibility of 
                the Secretary; and
                    ``(B) managed as a unit within the System;
            ``(14) `maritime heritage resource' means any shipwreck or 
        other site or object that is of archaeological, historical, or 
        cultural significance found in, on, or under the seabed of the 
        marine environment of the United States; and
            ``(15) `System resource' means any living or nonliving 
        resource of the System that contributes to the conservation, 
        recreational, ecological, historical, educational, cultural, 
        archeological, scientific, or aesthetic value of the System.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) by striking ``sanctuary resource'' each place it 
        appears and inserting ``System resource'';
            (2) by striking ``sanctuary resources'' each place it 
        appears and inserting ``System resources''; and
            (3) in section 302(6)(C) (16 U.S.C. 1432) by striking 
        ``resources,'' and inserting ``System resources;''.

SEC. 6. LIVING AND NONLIVING RESOURCE CLASSIFICATION, IDENTIFICATION, 
              AND INVENTORY.

    Section 303 (16 U.S.C. 1433) is amended by adding at the end the 
following new subsections:
    ``(c) Living and Nonliving Resource Classification, Identification, 
and Inventory.--
            ``(1) In general.--The Secretary shall prepare an 
        ecological classification of the Nation's marine environment 
        and an identification of maritime heritage resources, and 
        maintain and update such classification as a national inventory 
        of marine ecoregions and maritime heritage resources under the 
        jurisdiction of the United States.
            ``(2) Methodologies and guidelines.--Within 12 months after 
        the date of enactment of this subsection, the Secretary, in 
        consultation with other Federal agencies, coastal states, 
        Indian tribes, Regional Fishery Management Councils and other 
        regional organizations, and other nongovernmental scientific, 
        professional, conservation, archaeological, and cultural 
        resource organizations, and other advisors with relevant 
        expertise and data as the Secretary considers necessary, shall 
        develop and adopt appropriate methodologies and guidelines for 
        the following:
                    ``(A) Classification of ecoregions.--Classification 
                of specific marine ecoregions, including ecological 
                subunits, and identification of nationally significant 
                marine resources and biological communities therein, 
                based upon the best available scientific information.
                    ``(B) Maritime heritage resource identification.--
                Identification of nonliving submerged archaeological, 
                historical, and cultural resources, in a manner that--
                            ``(i) is consistent with other relevant 
                        Federal and State laws and regulations and 
                        utilize to the greatest extent practicable 
                        existing information; and
                            ``(ii) allows for the Secretary to withhold 
                        such information if the public release of such 
                        information could threaten or jeopardize the 
                        long-term protection, preservation, 
                        conservation, or stewardship of any maritime 
                        heritage resource.
            ``(3) Report.--Within three years after the date of 
        enactment of this section, the Secretary shall submit a report 
        to the Congress that includes--
                    ``(A) charts, maps, and other scientific, 
                archaeological, historical, hydrographic, geographic, 
                ecological, biological, oceanographic, or other 
                information that classify or identify within the 
                exclusive economic zone, in accordance with the 
                guidelines and methodologies adopted under paragraph 
                (2)--
                            ``(i) all marine ecoregions; and
                            ``(ii) maritime heritage resource areas;
                    ``(B) identification of areas of the marine 
                environment of the exclusive economic zone that could 
                not be classified due to a lack of scientific data 
                necessary to meet the methodology and guidelines 
                developed under paragraph (2)(A); and
                    ``(C) other relevant information the Secretary 
                considers necessary to identify and describe marine 
                ecoregions and marine heritage resource areas of the 
                exclusive economic zone.
            ``(4) Report revisions.--The Secretary shall--
                    ``(A) provide for the regular review and 
                reassessment of the classification methodologies and 
                guidelines and identification of marine ecoregions and 
                maritime heritage resource areas; and
                    ``(B) based upon new scientific information and 
                analysis, submit to Congress revised reports as the 
                Secretary determines necessary.
    ``(d) Site Selection Report and List.--
            ``(1) In general.--No later than one year after the date of 
        submittal of the report required under subsection (c), the 
        Secretary, in consultation with other Federal agencies, States, 
        Indian tribes, Regional Fishery Management Councils, academic, 
        scientific, professional or conservation, organizations, and 
        other stakeholders, shall issue a report identifying discrete 
        areas of the marine environment within the territorial waters 
        of the United States that the Secretary may consider for 
        potential designation as marine sanctuaries. The report shall 
        include--
                    ``(A) sites representing the spectrum of various 
                classifications of marine ecoregions, subunits, 
                biological communities, and habitats;
                    ``(B) sites representing maritime heritage resource 
                areas;
                    ``(C) the best available scientific, 
                archaeological, historical, and other information 
                regarding the status and condition of marine resources 
                that would benefit from designation as a national 
                marine sanctuary; and
                    ``(D) a site selection list that identifies and 
                justifies priority sites for active consideration by 
                the Secretary for designation as national marine 
                sanctuaries pursuant to this section and section 304.
            ``(2) Updates.--The Secretary shall update the site 
        selection list under paragraph (1)(D) no later than five years 
        after the date of publication of the initial report required 
        under this subsection and every five years thereafter.
    ``(e) System Expansion Goal.--In order to fulfill the purposes of 
this title, the Secretary shall strive to achieve the goal of including 
in the System by 2030, that number of sites that will incorporate a 
full range of the Nation's marine ecoregions and rare and unique marine 
habitats, and a full range of maritime heritage resource areas. The 
Secretary shall report to the Congress on progress toward this goal, 
with such explanation as may be necessary and appropriate, no later 
than January 15 of 2011 and of every second year thereafter.''.

SEC. 7. REVISIONS TO DESIGNATION PROCEDURES.

    (a) Fishing Regulations.--Section 304 (16 U.S.C. 1434) is amended 
in subsection (a) by striking paragraph (5) and inserting the 
following:
            ``(5) Fishing regulations.--If the Secretary determines 
        that it is necessary to regulate any fishing activities within 
        a proposed sanctuary to meet the mission of the System and the 
        purposes under this title, the Secretary shall include in the 
        sanctuary designation documents under paragraph (2) regulations 
        for such activities, that are--
                    ``(A) compatible with the purposes of the 
                sanctuary;
                    ``(B) compatible with the mission of the System and 
                the purposes of this title; and
                    ``(C) approved or prepared by the Secretary in 
                accordance with section 308(b).''.
    (b) Deadlines.--Section 304 (16 U.S.C. 1434) is amended--
            (1) in subsection (a)(6), in the second sentence, by 
        striking ``forty-five day period of continuous session of 
        Congress'' and inserting ``60-calendar-day period'';
            (2) in subsection (b)(1)--
                    (A) in the third sentence, by ``30 months'' and 
                inserting ``24 months''; and
                    (B) in the fifth sentence, by striking ``forty-five 
                days of continuous session of Congress'' and inserting 
                ``60 calendar days''; and
            (3) by striking subsection (b)(3).
    (c) Effectiveness of Designation.--Section 304(b)(2) (16 U.S.C. 
1434(b)(2)) is amended by inserting ``as unacceptable'' after ``not 
certified''.
    (d) Review of Management Plans.--Section 304 (16 U.S.C. 1434) is 
further amended--
            (1) by striking subsections (c) and (d), and redesignating 
        subsection (e) as subsection (c); and
            (2) in subsection (c) (as so redesignated)--
                    (A) in the first sentence--
                            (i) by striking ``five years'' the first 
                        place it appears and inserting ``seven years''; 
                        and
                            (ii) by striking ``five years'' the second 
                        place it appears and inserting ``ten years'';
                    (B) in the first sentence, by inserting ``or marine 
                national monument'' after ``sanctuary''; and
                    (C) by amending the second sentence to read as 
                follows: ``This review shall include a prioritization 
                of management objectives, and a review, in consultation 
                with the appropriate Regional Fishery Management 
                Councils, States and Indian tribes, regarding the 
                impacts of fishing activities on other System resources 
                and the adequacy and effectiveness of fishing 
                regulations within the sanctuary or marine national 
                monument.''.
    (e) Repeal of Limitation on Designation of New National Marine 
Sanctuaries.--Section 304(f) (16 U.S.C. 1434(f)) is repealed.

SEC. 8. INTERNATIONAL NEGOTIATIONS.

    Section 305(b) (16 U.S.C. 1435(b)) is amended by striking ``any 
national marine sanctuary and to promote the purposes for which the 
sanctuary is established'' and inserting ``any unit within the System 
and to promote the purposes for which the unit is established. In the 
case of a jointly managed Marine National Monument, the Secretary of 
State shall also consult with any other Federal or non-Federal 
government agencies and officials that are co-trustees for such Marine 
National Monument.''.

SEC. 9. CLARIFYING PROHIBITED ACTIVITIES AND STRENGTHENING ENFORCEMENT.

    (a) Prohibited Activities.--Section 306 (16 U.S.C. 1436) is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) destroy, cause the loss of, or injure any System 
        resource managed under law or regulations for a sanctuary or 
        marine national monument;'';
            (2) in paragraph (2) by striking ``sanctuary resource'' and 
        inserting ``System resource'';
            (3) in paragraph (3)(C)--
                    (A) by striking ``knowingly and willfully''; and
                    (B) by inserting after ``title'' the second place 
                it appears the following: ``or any false information in 
                a report or a permit application submitted pursuant to 
                regulations adopted under section 308''.
            (4) by striking ``or'' after the semicolon at the end of 
        paragraph (3)(C), by striking the period at the end of 
        paragraph (4) and inserting ``: or'', and by adding at the end 
        the following:
            ``(5) in any area administered as part of the System--
                    ``(A) directly discharge into a sanctuary or marine 
                national monument sewage effluent or solid waste 
                resulting from less than secondary treatment, other 
                than--
                            ``(i) fish, fish parts, and chumming 
                        materials resulting from, and while conducting 
                        otherwise lawful, fishing activities; or
                            ``(ii) biodegradable effluents or materials 
                        incidental to vessel use and maintenance that 
                        comply with otherwise applicable Federal 
                        standards;
                    ``(B) disturb or remove maritime heritage 
                resources;
                    ``(C) explore for, lease, develop, produce, or 
                extract mineral resources;
                    ``(D) disturb, construct on, or alter the seabed, 
                including--
                            ``(i) engaging in bottom trawling in a 
                        sanctuary designated before January 1, 2009, 
                        unless the Secretary has determines that such 
                        activity can be conducted in a manner that does 
                        not violate paragraph (1); and
                            ``(ii) engaging in bottom trawling in a 
                        sanctuary designated on or after that date;
                    ``(E) release toxic or hazardous materials;
                    ``(F) detonate explosives; or
                    ``(G) intentionally introduce or release non-native 
                species.''.
    (b) Strengthening Enforcement.--Section 307 (16 U.S.C. 1437) is 
amended--
            (1) in subsection (b)(2) by striking ``sanctuary resource'' 
        and inserting ``System resource'';
            (2) in subsection (c)(1)--
                    (A) by inserting ``(other than a foreign government 
                or any entity of such a government)'' after ``A 
                person''; and
                    (B) by inserting ``knowingly'' after ``if the 
                person'';
            (3) in subsection (c)(2) by striking ``6 months'' and 
        inserting ``2 years'';
            (4) in subsection (d)(1) by striking ``$100,000'' and 
        inserting ``$250,000'';
            (5) in subsection (e)(1) by striking ``sanctuary resource'' 
        and inserting ``System resource'';
            (6) in subsection (e)(3) by striking ``(3) Disposal of 
        sanctuary resources.--Any sanctuary resource'' and inserting 
        ``(3) Disposal of system resources.--Any System resource'';
            (7) in subsection (e)(4) by inserting ``or System 
        resources'' after ``sanctuary resources''; and
            (8) in subsection (j) by striking ``sanctuary resource'' 
        each place it appears and inserting ``System resource''.

SEC. 10. CONSOLIDATION OF REGULATIONS.

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

``SEC. 308. REGULATIONS.

    ``(a) In General.--The Secretary may issue such regulations as may 
be necessary to carry out this title. Such regulations may apply to--
            ``(1) a national marine sanctuary;
            ``(2) a marine national monument; or
            ``(3) the System.
    ``(b) Fishing Regulations.--
            ``(1) In general.--If the Secretary determines that 
        regulations for fishing activities are necessary for the 
        designation of a new sanctuary or to manage fishing activities 
        within an existing or proposed sanctuary or a marine national 
        monument, if applicable under the terms of its designation by 
        the President, to protect System resources, the Secretary shall 
        notify and request the appropriate Regional Fishery Management 
        Council (in this subsection referred to as the `Council') to 
        prepare such draft regulations for fishing activities within 
        the boundaries (or proposed boundaries) of such sanctuary or 
        monument.
            ``(2) Action by the council.--
                    ``(A) Council submission.--Within the 180-day 
                period beginning on the date of notification by the 
                Secretary, the Council shall submit to the Secretary--
                            ``(i) draft fishing regulations for the 
                        proposed sanctuary or existing sanctuary or 
                        marine national monument; or
                            ``(ii) a determination that regulations for 
                        fishing activities within the proposed 
                        sanctuary or existing sanctuary or marine 
                        national monument are not necessary.
                    ``(B) Extension of deadline.--Upon a written 
                request by the Council, the Secretary may grant one 
                extension of time for the submission under subparagraph 
                (A), if the Secretary determines that exigent 
                circumstances will prevent the Council from completing 
                its work within the period referred to in that 
                subparagraph. The extension shall be for a period that 
                does not exceed 90 days.
                    ``(C) Council procedure and standards for preparing 
                draft fishing regulations.--In preparing draft fishing 
                regulations under this section, the Council shall 
                comply with the Secretary's request and utilize 
                established administrative procedures to prepare 
                fishery management plans that are consistent and 
                compatible with the purposes of a proposed national 
                marine sanctuary designation, or the management plans 
                for an existing sanctuary or marine national monuments, 
                as applicable, the mission of the System, and the 
                purposes and policies of this title.
            ``(3) Actions by the secretary.--
                    ``(A) Technical assistance.--Upon the request of 
                the Council, the Secretary may provide technical 
                assistance to the Council to clarify and expedite 
                procedures, coordinate reviews with other Federal 
                agencies, and provide scientific and technical 
                expertise.
                    ``(B) Review of council submission.--Within 60 days 
                after receiving a response from the Council in 
                accordance with paragraph (2), the Secretary shall--
                            ``(i) determine if the response fulfills--
                                    ``(I) the management objectives of 
                                the proposed sanctuary or the existing 
                                sanctuary or marine national monument;
                                    ``(II) the mission of the System; 
                                and
                                    ``(III) the purposes of this title; 
                                and
                            ``(ii) provide in writing to the Council an 
                        explanation of the factors that contributed to 
                        this determination.
                    ``(C) Approval by the secretary.--If the Secretary 
                determines that the Council's response is sufficient to 
                meet the criteria under subparagraph (A), the Secretary 
                shall accept the Council's draft fishing regulations 
                and issue them as proposed regulations under this 
                title.
                    ``(D) Disapproval by the secretary.--If the 
                Secretary determines that the Council's response under 
                paragraph (2) insufficient to meet the criteria under 
                subparagraph (B)(i), or if the Council fails to submit 
                a response in accordance with paragraph (2), the 
                Secretary shall prepare any necessary regulations for 
                fishing activities in a proposed sanctuary or existing 
                sanctuary or marine national monument under this title.
            ``(4) Amendments to fishing regulations.--Any amendments to 
        regulations affecting fishing activities within the System 
        shall be drafted, approved, and issued in the same manner as 
        the original regulations.
            ``(5) Cooperation and consultation with other fishery 
        management entities.--The Secretary and the Councils shall 
        cooperate and consult with other appropriate State fishery 
        management authorities and Indian tribes with rights or 
        responsibilities within a proposed sanctuary or an existing 
        sanctuary or marine national monument at the earliest 
        practicable stage when drafting any fishery regulations under 
        this subsection.
    ``(c) Access and Valid Rights.--
            ``(1) Preexisting rights.--Nothing in this title shall be 
        construed as terminating or granting to the Secretary the right 
        to terminate any valid lease, permit, license, or right of 
        subsistence use or access that is in existence on the date of 
        designation of any sanctuary.
            ``(2) Exercise of rights.--The exercise of rights or 
        authorities within the System under a lease, permit, license, 
        or right is subject to regulation by the Secretary consistent 
        with the mission of the System and the purposes of this 
        title.''.

SEC. 11. RESEARCH AND MONITORING.

    (a) Research and Monitoring, Generally.--Section 309(b)(1) (16 
U.S.C. 1440(b)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``sanctuary resources'' and 
                inserting ``System resources''; and
                    (B) by inserting ``or marine national monuments'' 
                after ``national marine sanctuaries'';
            (2) in subparagraph (B), by striking ``sanctuary 
        resources'' and inserting ``System resources''; and
            (3) in subparagraph (C), by striking ``resources of 
        national marine sanctuaries'' and inserting ``maritime heritage 
        resources of the System''.
    (b) Limitation on Release of Results.--Section 309(b)(2) (16 U.S.C. 
1440(b)(2)) is amended to read as follows:
            ``(2) Availability of information.--
                    ``(A) 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, unless such 
                information is protected from public disclosure under 
                any other provision of law or is withheld pursuant to 
                subparagraph (B).
                    ``(B) Authority to withhold certain information.--
                The Secretary may withhold from disclosure to the 
                public information described in subparagraph (A), if 
                the Secretary--
                            ``(i) determines that such disclosure to 
                        the public may result in the destruction, loss 
                        of, or injury to any System resource; and
                            ``(ii) specifies who may have access to the 
                        information for the purpose of implementing 
                        this title.''.
    (c) Education.--Section 309(c) (16 U.S.C. 1440(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by inserting ``, marine 
                national monuments,'' after ``national marine 
                sanctuaries''; and
                    (B) in the second sentence, by striking ``national 
                marine sanctuaries and''; and
            (2) in paragraph (2), by inserting ``or marine national 
        monument'' after ``national marine sanctuary''.
    (d) Interpretive Facilities.--Section 309(d) (16 U.S.C. 1440(d)) is 
amended--
            (1) in paragraph (1), by inserting ``or marine national 
        monument'' after ``national marine sanctuary''; and
            (2) in paragraph (2)--
                    (A) by inserting ``or marine national monument'' 
                after ``national marine sanctuary''; and
                    (B) by striking ``the national marine sanctuary'' 
                and inserting ``the System''.

SEC. 12. CLARIFICATION OF USE PERMITS AND INTERAGENCY COOPERATION.

    (a) In General.--Section 310 (16 U.S.C. 1441) is amended to read as 
follows:

``SEC. 310. PERMITS.

    ``(a) In General.--The Secretary may allow for the conduct of 
activities that would otherwise be prohibited by this title, other than 
activities prohibited under subparagraph (B), (C), (E), (F), or (G) of 
section 306(5), or regulations issued under this title through, in 
accordance with such regulations, the issuance of--
            ``(1) special use permits for the conduct of concession or 
        commercial-oriented activities dependent on System resources; 
        or
            ``(2) general use permits for other activities.
    ``(b) Findings Required.--The Secretary may not issue a permit 
under this section for a proposed activity unless the Secretary finds 
that--
            ``(1) the proposed activity is compatible with--
                    ``(A) the mission of the System and the purposes 
                and policies of this title; and
                    ``(B) the purposes for which the applicable unit of 
                the System was designated or established;
            ``(2) there is no practicable alternative to conducting the 
        activity within or over the applicable unit of the System;
            ``(3) the proposed activity will promote sustainable public 
        use and increase public understanding and appreciation of 
        System resources; and
            ``(4) the proposed activity will cause no negligible or 
        irreversible harm to any System resource.
    ``(c) Terms and Conditions.--The Secretary shall impose reasonable 
terms and conditions on activities conducted under a permit issued 
under this section to ensure protection of System resources and to 
fulfill the mission of the System and the purposes and policies under 
this title.
    ``(d) Special Use Permits.--
            ``(1) In general.--A special use permit issued under 
        subsection (a)(1)--
                    ``(A) shall authorize the conduct of an activity 
                only if that activity is compatible with the purposes 
                for which the sanctuary or marine national monument is 
                designated and with protection of sanctuary resources 
                or System resource;
                    ``(B) shall not authorize the conduct of any 
                activity for a period of more than 5 years unless 
                renewed by the Secretary;
                    ``(C) shall require that activities carried out 
                under the permit be conducted in a manner that does not 
                destroy, cause the loss of, or injure sanctuary 
                resources or System resources; and
                    ``(D) shall require the permittee to--
                            ``(i) purchase and maintain comprehensive 
                        general liability insurance, or post an 
                        equivalent bond, against claims arising out of 
                        activities conducted under the permit; and
                            ``(ii) agree to hold the United States 
                        harmless against such claims.
            ``(2) Terms and conditions.--The Secretary shall include in 
        a special use permit under subsection (a)(1) that authorizes 
        the conduct of a specific activity such terms and conditions as 
        the Secretary determines to be necessary for access to and use 
        of any sanctuary resource or System resource under the permit.
            ``(3) Public notice and comment required.--The Secretary 
        shall provide appropriate public notice before identifying any 
        category of activity subject to a special use permit under 
        subsection (a)(1), and shall allow for adequate opportunity for 
        public comment on permit applications.
    ``(e) Fees.--
            ``(1) Assessment and collection.--The Secretary may assess 
        and collect fees for the conduct of any activity under a permit 
        issued under this section.
            ``(2) Amount.--The amount of a fee under this subsection 
        shall be equal to the sum of--
                    ``(A) costs incurred, or expected to be incurred, 
                by the Secretary in issuing the permit;
                    ``(B) costs incurred, or expected to be incurred, 
                by the Secretary as a direct result of the conduct of 
                the activity for which the permit is issued, including 
                costs of monitoring the conduct of the activity; and
                    ``(C) an amount that represents the fair market 
                value of the use of the System resource concerned, if 
                applicable in the context of the permitted use.
            ``(3) Use of fees.--Amounts collected by the Secretary in 
        the form of fees under this section shall be used by the 
        Secretary--
                    ``(A) for issuing and administering permits under 
                this section; and
                    ``(B) for expenses of managing the System.
            ``(4) In-lieu contributions; reduction and waiver.--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 System resources.
    ``(f) Violations.--Upon violation of a term or condition of a 
permit issued under this section, the Secretary may--
            ``(1) suspend or revoke the permit without compensation to 
        the permittee and without liability to the United States;
            ``(2) assess a civil penalty in accordance with section 
        307; or
            ``(3) both.
    ``(g) Reports.--Each person issued a permit under this section 
shall submit an annual report to the Secretary not later than December 
31 of each year which describes activities conducted under that permit 
and revenues, if any, derived from such activities during the year.
    ``(h) Interagency Cooperation.--
            ``(1) Review of agency actions.--
                    ``(A) In general.--Federal agency actions within or 
                outside of a national marine sanctuary or marine 
                national monument, including private or other non-
                Federal activities authorized by a Federal license, 
                lease, or permit, that are likely to destroy, cause the 
                loss of, or injure any System resource, are subject to 
                consultation in advance with the Secretary in 
                accordance with regulations issued by the Secretary.
                    ``(B) Agency statements required.--Subject to any 
                regulations the Secretary may establish, the head of 
                each Federal agency proposing an action described in 
                subparagraph (A) shall provide to the Secretary a 
                written statement describing the action and its 
                potential effects on System resources at the earliest 
                practicable time, but in no case later than 120 days 
                before the final approval of the action unless such 
                Federal agency and the Secretary agree to a different 
                schedule.
            ``(2) Secretary's recommended alternatives.--If the 
        Secretary finds that a Federal agency action is likely to 
        destroy, cause the loss of, or injure a System resource, the 
        Secretary shall, within 45 days after receiving complete 
        information on the proposed agency action, recommend reasonable 
        and prudent alternatives, that can be taken by the Federal 
        agency in implementing the agency action and that will protect 
        System resources. Such alternatives may include conduct of the 
        action at a different location or imposition of additional 
        restrictions as considered necessary by the Secretary.
            ``(3) Response to recommendations.--The head of an agency 
        who receives the Secretary's recommended alternatives under 
        paragraph (2) shall promptly consult with the Secretary on the 
        alternatives. If the agency head decides not to follow the 
        alternatives, the agency head shall provide the Secretary with 
        a written statement explaining the reasons for that decision.
            ``(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 System resource, the 
        head of the agency shall promptly prevent and mitigate further 
        damage and restore or replace the System resource in a manner 
        approved by the Secretary.''.
    (b) Regulations.--The Secretary of Commerce shall issue regulations 
implementing section 310(h) of the National Marine Sanctuaries Act, as 
amended by this section, by not later than 1 year after the date of the 
enactment of this Act.

SEC. 13. APPLICATION OF AUTHORITY TO MARINE NATIONAL MONUMENTS AND 
              WITHIN THE SYSTEM.

    (a) Cooperative Agreements, Donations, and Acquisitions.--Section 
311 (16 U.S.C. 1442) is amended--
            (1) in subsection (c), by striking ``designating and 
        administering national marine sanctuaries'' and inserting 
        ``designating sanctuaries and administering sanctuaries and 
        marine national monuments''; and
            (2) in subsection (e), by striking ``State or other Federal 
        agency'' and inserting ``any Federal agency or instrumentality 
        of the United States, any State, local government, Indian 
        tribe, territory or possession of the United States, or any 
        political subdivision thereof, or any foreign government or 
        international organization,''.
    (b) Destruction or Loss of, or Injury to, System Resources.--
Section 312 (16 U.S.C. 1443) is amended--
            (1) in the section heading by striking ``sanctuary 
        resources'' and inserting ``system resources'';
            (2) by striking ``sanctuary resource'' each place it 
        appears and inserting ``System resource'';
            (3) by striking ``sanctuary resources'' each place it 
        appears and inserting ``System resources''; and
            (4) in subsection (d)(2)(E), by inserting ``or marine 
        national monuments'' after ``national marine sanctuaries''.
    (c) Advisory Councils.--Section 315 (16 U.S.C. 1445a) is amended--
            (1) in subsection (a), by inserting ``and marine national 
        monuments'' after ``national marine sanctuaries'';
            (2) in subsection (c), by striking ``For sanctuaries 
        designated'' and inserting ``For sanctuaries and marine 
        national monuments designated or otherwise established''; and
            (3) in subsection (e)(3), by inserting ``or marine national 
        monument'' after ``national marine sanctuary''.
    (d) Enhancing Support for the System.--Section 316 (16 U.S.C. 
1445b) is amended--
            (1) in the section heading by striking ``national marine 
        sanctuaries'' and inserting ``the system'';
            (2) by striking ``the national marine sanctuary program'' 
        each place it appears and inserting ``the System'';
            (3) in subsection (a)--
                    (A) by inserting ``or marine national monuments'' 
                after ``individual national marine sanctuaries'' each 
                place it appears;
                    (B) in paragraph (8), by inserting ``and marine 
                national monuments'' after ``national marine 
                sanctuaries''; and
                    (C) in the matter following paragraph (8)--
                            (i) by inserting ``or marine national 
                        monument'' after ``individual national marine 
                        sanctuary''; and
                            (ii) by inserting ``or monument'' after 
                        ``that sanctuary'';
            (4) in subsection (c), by inserting ``or marine national 
        monuments'' after ``sanctuaries'';
            (5) in subsection (e)(1), by inserting ``or marine national 
        monument'' after ``sanctuary'';
            (6) in subsection (f), by inserting ``, marine national 
        monument, or'' after ``sanctuary''; and
            (7) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) by striking ``the national marine 
                        sanctuary system or of individual national 
                        marine sanctuaries'' and inserting ``the System 
                        or of individual national marine sanctuaries or 
                        marine national monuments''; and
                            (ii) by striking ``the sanctuary system'' 
                        and inserting ``the System''; and
                    (B) in paragraph (3)(B) by striking ``2 or more 
                related sanctuaries'' and inserting ``, 2 or more 
                related sanctuaries or marine national monuments, or 
                the System''.

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) $60,000,000 for fiscal year 2009;
                    ``(B) $65,000,000 for fiscal year 2010;
                    ``(C) $70,000,000 for fiscal year 2011;
                    ``(D) $75,000,000 for fiscal year 2012; and
                    ``(E) $80,000,000 for fiscal year 2013;
            ``(2) for construction projects at national marine 
        sanctuaries or marine national monuments, $20,000,000 for each 
        of fiscal years 2009, 2010, 2011, 2012, and 2013; and
            ``(3) to implement section 303(c) of this title, 
        $5,000,000.''.

SEC. 15. CONFORMING AMENDMENT TO REFERENCES TO RENAMED COMMITTEE.

    Section 304 (16 U.S.C. 1434) is amended by striking ``Committee on 
Resources'' and inserting ``Committee on Natural Resources'' each place 
it appears in subsections (a)(1)(C), (a)(16), and (b)(2)(A).
                                 <all>