110 HR 6537 IH: Sanctuary Enhancement Act of U.S. House of Representatives 2008-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6537 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. Fortuño, 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.

1.

Short title

This Act may be cited as the Sanctuary Enhancement Act of 2008.

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.).

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. .

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. .

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;.

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. .

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.

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..

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.

10.

Consolidation of regulations

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

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.

.

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.

12.

Clarification of use permits and interagency cooperation

(a)

In general

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

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.

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.

14.

Authorization of appropriations

Section 313 (16 U.S.C. 1444) is amended to read as follows:

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.

.

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).