[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 905 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 169
111th CONGRESS
  1st Session
                                H. R. 905


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2009

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To expand the boundaries of the Thunder Bay National Marine Sanctuary 
            and Underwater Preserve, 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 ``Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Modification Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Thunder Bay National Marine Sanctuary and Underwater 
        Preserve in Lake Huron contains more than 100 recorded historic 
        vessel losses.
            (2) The areas immediately surrounding the Sanctuary, 
        including the offshore waters of Presque Isle and Alcona 
        Counties, Michigan, contain an equal number of historic vessel 
        losses.
            (3) Many of these shipwrecks and underwater cultural 
        resources are popular recreational diving destinations, and all 
        contribute to our collective maritime heritage.
            (4) These resources are susceptible to damage from human 
        activities, and must be properly preserved for themselves and 
        to protect the economic viability of their contribution to 
        national and regional economies.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand the Thunder Bay National Marine Sanctuary and 
        Underwater Preserve boundaries to encompass the offshore waters 
        of Presque Isle and Alcona Counties, Michigan and outward to 
        the international border between the United States and Canada; 
        and
            (2) to provide the underwater cultural resources of those 
        areas equal protection to that currently afforded to the 
        Sanctuary.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Sanctuary.--The term ``Sanctuary'' means the Thunder 
        Bay National Marine Sanctuary and Underwater Preserve.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.

    (a) Boundary Adjustment.--Notwithstanding any provision of law or 
regulation, including section 922.190 of title 15, Code of Federal 
Regulations, as in effect on the date of the enactment of this Act, the 
Sanctuary shall consist of the geographic area described in subsection 
(b).
    (b) Expanded Boundary Adjustment.--The area referred to in 
subsection (a) is all submerged lands, including the underwater 
cultural resources, lakeward of the mean high waterline, within the 
boundaries of a line formed by connecting points in succession 
beginning at a point along the mean high water line located 
approximately at 45.6262N, 84.2043W at the intersection of the northern 
Presque Isle and northeastern Cheboygan County boundary, then north to 
a point approximately 45.7523N, 84.2011W, then northeast to a point 
approximately 45.7777N, 84.1231W, then due east to the international 
boundary between the United States and Canada approximately located at 
45.7719N, 83.4840W then following the international boundary between 
the United States and Canada in a generally southeasterly direction to 
a point approximately 44.5128N, 82.3295W, then due west to a point 
along the mean high water line located approximately at 44.5116N, 
83.3186W at the intersection of the southern Alcona County and northern 
Iosco County boundary, returning to the first point along the mean high 
water line.
    (c) Authority To Make Minor Adjustments.--The Secretary may make 
minor adjustments to the boundary described in subsection (b) to 
facilitate enforcement and clarify the boundary to the public provided 
the resulting boundary is consistent with the purposes described in 
section 2(b).
    (d) Inclusion in the System.--The area described in subsection (b), 
as modified in accordance with subsection (c), shall be managed as part 
of the National Marine Sanctuary System established by section 301(c) 
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in 
accordance with that Act.
    (e) Updated NOAA Charts.--The Secretary shall--
            (1) produce updated National Oceanic and Atmospheric 
        Administration charts for the area in which the Sanctuary is 
        located; and
            (2) include on such charts the boundaries of the Sanctuary 
        described in subsection (b), as modified in accordance with 
        subsection (c).

SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.

    (a) Regulations.--The regulations applicable to the Sanctuary 
codified in subpart R of part 922 of title 15, Code of Federal 
Regulations, as in effect on the date of the enactment of this Act, 
shall apply to the geographic area added to the Sanctuary pursuant to 
section 4, unless the Secretary specifies otherwise by regulation.
    (b) Existing Certifications.--The Secretary may certify that any 
license, permit, approval, other authorization, or right to conduct a 
prohibited activity made pursuant to section 922.194 of title 15, Code 
of Federal Regulations, that exists on the date of the enactment of 
this Act shall apply to such an activity conducted within the 
geographic area added to the Sanctuary pursuant to section 4.
    (c) Date of Sanctuary Designation.--For purposes of section 922.194 
of title 15, Code of Federal Regulations, the date of the enactment of 
this Act shall be deemed to be the date of Sanctuary designation.
    (d) Management Plan.--To the extent practicable, the Secretary 
shall apply the management plan in effect for the Sanctuary on the date 
of the enactment of this Act to the geographic area added to the 
Sanctuary pursuant to section 4.

            Passed the House of Representatives September 29, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 169

111th CONGRESS

  1st Session

                               H. R. 905

_______________________________________________________________________

                                 AN ACT

 To expand the boundaries of the Thunder Bay National Marine Sanctuary 
            and Underwater Preserve, and for other purposes.

_______________________________________________________________________

                           September 30, 2009

            Received; read twice and placed on the calendar