[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 212

To expand the boundaries of the Gulf of the Farallones National Marine 
Sanctuary and the Cordell Bank National Marine Sanctuary, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2009

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To expand the boundaries of the Gulf of the Farallones National Marine 
Sanctuary and the Cordell Bank National Marine Sanctuary, 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 ``Gulf of the Farallones and Cordell 
Bank National Marine Sanctuaries Boundary Modification and Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Gulf of the Farallones extends approximately 100 
        miles along the coast of Marin and Sonoma Counties of northern 
        California. It includes approximately one-half of California's 
        nesting seabirds, rich benthic marine life on hard-rock 
        substrate, prolific fisheries, and substantial concentrations 
        of resident and seasonally migratory marine mammals.
            (2) Cordell Bank is adjacent to the Gulf of the Farallones 
        and is a submerged island with spectacular, unique, and 
        nationally significant marine environments.
            (3) These marine environments have national and 
        international significance, exceed the biological productivity 
        of tropical rain forests, and support high levels of biological 
        diversity.
            (4) These biological communities are easily susceptible to 
        damage from human activities, and must be properly conserved 
        for themselves and to protect the economic viability of their 
        contribution to national and regional economies.
            (5) The Gulf of Farallones and the Cordell Bank include 
        some of the United States richest fishing grounds and support 
        important commercial and recreational fisheries. These 
        fisheries are regulated by State and Federal fishery agencies 
        and are supported and fostered through protection of the waters 
        and habitats of Gulf of the Farallones National Marine 
        Sanctuary and Cordell Bank National Marine Sanctuary.
            (6) The report of the Commission on Ocean Policy 
        established by section 3 of the Oceans Act of 2000 (Public Law 
        106-256; 33 U.S.C. 857-19) calls for comprehensive protection 
        for the most productive ocean environments and recommends that 
        they be managed as ecosystems.
            (7) New scientific discoveries by the National Marine 
        Sanctuary Program support comprehensive protection for these 
        marine environments by broadening the geographic scope of the 
        existing Gulf of the Farallones National Marine Sanctuary and 
        the Cordell Bank National Marine Sanctuary.
            (8) Cordell Bank is at the nexus of an ocean upwelling 
        system, which produces the highest biomass concentrations on 
        the west coast of the United States.

SEC. 3. POLICY AND PURPOSE.

    (a) Policy.--It is the policy of the United States to protect and 
preserve living and other resources of the Gulf of the Farallones and 
Cordell Bank marine environments.
    (b) Purpose.--The purposes of this Act are the following:
            (1) To extend the boundaries of the Gulf of the Farallones 
        National Marine Sanctuary and the Cordell Bank National Marine 
        Sanctuary as described in section 5.
            (2) To strengthen the protections that apply in the 
        Sanctuaries.
            (3) To provide for the education and interpretation for the 
        public of the ecological value and national importance of the 
        Sanctuaries.
            (4) To manage human uses of the Sanctuaries under this Act 
        and the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
        seq.).
    (c) Effect on Fishing Activities.--Nothing in this Act is intended 
to alter any existing authorities regarding the conduct and location of 
fishing activities in the Sanctuaries.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Cordell bank nms.--The term ``Cordell Bank NMS'' means 
        the Cordell Bank National Marine Sanctuary.
            (2) Farallones nms.--The term ``Farallones NMS'' means the 
        Gulf of the Farallones National Marine Sanctuary.
            (3) Sanctuaries.--The term ``Sanctuaries'' means the 
        Farallones NMS and the Cordell Bank NMS.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.

    (a) Gulf of the Farallones.--
            (1) Boundary adjustment.--The areas described in paragraph 
        (2) are added to the Farallones NMS described in part 922.80 of 
        title 15, Code of Federal Regulations, as in effect on the date 
        of the enactment of this Act.
            (2) Areas included.--
                    (A) In general.--The areas referred to in paragraph 
                (1) are the following:
                            (i) All submerged lands and waters, 
                        including living marine and other resources 
                        within and on those lands and waters, from the 
                        mean high water line to the boundary described 
                        in subparagraph (B).
                            (ii) The submerged lands and waters, 
                        including living marine and other resources 
                        within those waters, within the approximately 
                        two-square-nautical-mile portion of the Cordell 
                        Bank NMS (as in effect immediately before the 
                        enactment of this Act) that is located south of 
                        the area that is added to Cordell Bank NMS by 
                        subsection (b)(2), which are transferred to the 
                        Farallones NMS from the Cordell Bank NMS.
                    (B) Boundary described.--The boundary referred to 
                in subparagraph (A)(i) commences from the mean high 
                water line (referred to in this subparagraph as the 
                ``MHWL'') at 39.00000 degrees north in a westward 
                direction approximately 29 nautical miles (referred to 
                in this subparagraph as ``nm'') to 39.00000 north, 
                124.33333 west. The boundary then extends in a 
                southeasterly direction to 38.30000 degrees north, 
                124.00000 degrees west, approximately 44 nm westward of 
                Bodega Head. The boundary then extends eastward to the 
                most northeastern corner of the expanded Cordell Bank 
                NMS at 38.30000 north, 123.20000 degrees west, 
                approximately 6 nm miles westward of Bodega Head. The 
                boundary then extends in a southeasterly direction to 
                38.26390 degrees north, 123.18138 degrees west at the 
                northwestern most point of the current Gulf of the 
                Farallones Boundary. The boundary then follows the 
                current northern Gulf of the Farallones NMS boundary in 
                a northeasterly direction to the MHWL near Bodega Head. 
                The boundary then follows the MHWL in a northeasterly 
                direction to the commencement point at the intersection 
                of the MHWL and 39.00000 north. Coordinates listed in 
                this subparagraph are based on the North American Datum 
                1983 and the geographic projection.
    (b) Cordell Bank.--
            (1) Boundary adjustment.--The area described in paragraph 
        (2) is added to the existing Cordell Bank NMS described in part 
        922.80 of title 15, Code of Federal Regulations, as in effect 
        on the date of the enactment of this Act.
            (2) Area included.--
                    (A) In general.--The area referred to in paragraph 
                (1) consists of all submerged lands and waters, 
                including living marine and other resources within 
                those waters, within the boundary described in 
                subparagraph (B).
                    (B) Boundary.--The boundary referred to in 
                subparagraph (A) commences at the most northeastern 
                point of the Cordell Bank NMS boundary (as in effect 
                immediately before the enactment of this Act) at 
                38.26390 degrees north, 123.18138 degrees west and 
                extends northwestward to 38.30000 degrees north, 
                123.20000 degrees west, approximately 6 nautical miles 
                (referred to in this subparagraph as ``nm'') west of 
                Bodega Head. The boundary then extends westward to 
                38.30000 degrees north, 124.00000 degrees west, 
                approximately 44 nautical miles west of Bodega Head. 
                The boundary then turns southeastward and continues 
                approximately 34 nautical miles to 37.76687 degrees 
                north, 123.75142 degrees west, and then approximately 
                15 nm eastward to 37.76687 north, 123.42694 west at an 
                intersection with the current Cordell Bank NMS 
                boundary. The boundary then follows the current Cordell 
                Bank NMS, which is coterminous with the current Gulf of 
                the Farallones boundary, in a northeasterly and the 
                northwesterly direction to its commencement point at 
                38.26390 degrees north, 123.18138 degrees west. 
                Coordinates listed in this subparagraph are based on 
                NAD83 Datum and the geographic projection.
    (c) Inclusion in the System.--The areas included in the Sanctuaries 
under subsections (a) and (b) 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.
    (d) Updated NOAA Charts.--The Secretary shall--
            (1) produce updated National Oceanic and Atmospheric 
        Administration nautical charts for the areas in which the 
        Sanctuaries are located, as modified by subsections (a) and 
        (b); and
            (2) include on those nautical charts the boundaries of the 
        Sanctuaries, as so modified.
    (e) Boundary Adjustments.--In producing revised nautical charts 
required by subsection (d) and in describing the boundaries in 
regulations issued by the Secretary, the Secretary may make technical 
modifications to the boundaries described in this section for clarity 
and ease of identification, as appropriate.

SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING.

    No lease or permit may be issued that authorizes exploration, 
development, production, or transporting by pipeline of minerals or 
hydrocarbons within the boundaries of the Sanctuaries, as modified by 
subsections (a) and (b) of section 5.

SEC. 7. MANAGEMENT PLANS AND REGULATIONS.

    (a) Draft Plans.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall complete a draft 
supplemental management plan for each of the Sanctuaries, as modified 
by subsections (a) and (b) of section 5, that--
            (1) focuses on management of the areas of the Sanctuaries 
        described in such subsections (a) and (b); and
            (2) does not weaken the resource protections in effect on 
        the date of the enactment of this Act for the Sanctuaries.
    (b) Revised Plans.--
            (1) Requirement to revise.--The Secretary shall issue a 
        revised management plan for each of the Sanctuaries at the 
        conclusion of the first management review for the Sanctuaries 
        initiated after the date of the enactment of this Act under 
        section 304(e) of the National Marine Sanctuaries Act (16 
        U.S.C. 1434(e)) and issue such final regulations as may be 
        necessary to implement such plans.
            (2) Contents of plans.--Revisions to the management plan 
        for each of the Sanctuaries under this section shall, in 
        addition to matters required under section 304(a)(2) of the 
        National Marine Sanctuaries Act (16 U.S.C. 1434(a)(2))--
                    (A) facilitate all appropriate public and private 
                uses of the national marine sanctuary to which each 
                respective plan applies consistent with the primary 
                objective of sanctuary resource protection;
                    (B) establish temporal and geographical zoning if 
                necessary to ensure protection of the resources of each 
                of the Sanctuaries;
                    (C) identify priority needs for research--
                            (i) to improve management of the 
                        Sanctuaries; or
                            (ii) to diminish threats to the health of 
                        the ecosystems in the Sanctuaries;
                    (D) establish a long-term ecological monitoring 
                program and database, including the development and 
                implementation of a resource information system to 
                disseminate information on the ecosystem, history, 
                culture, and management of the Sanctuaries;
                    (E) identify alternative sources of funding needed 
                to fully implement the provisions of each such plan to 
                supplement appropriations made to carry out the 
                National Marine Sanctuaries Act (16 U.S.C. 1431 et 
                seq.);
                    (F) ensure coordination and cooperation between the 
                superintendents of each of the Sanctuaries and other 
                Federal, State, and local authorities with jurisdiction 
                over areas within or adjacent to one of the Sanctuaries 
                to manage issues affecting the Sanctuaries, including 
                surface water runoff, stream and river drainages, and 
                navigation;
                    (G) in the case of revisions to such plan for the 
                Farallones NMS, promote cooperation with farmers and 
                ranchers operating in the watersheds adjacent to the 
                Farallones NMS and establish voluntary best management 
                practices programs;
                    (H) promote cooperative and educational programs 
                with fishing vessel operators and crews operating in 
                the waters of the Sanctuaries, and, whenever possible, 
                include individuals who engage in fishing and their 
                vessels in cooperative research, assessment, and 
                monitoring programs and educational programs to promote 
                sustainable fisheries, conservation of resources, and 
                navigational safety; and
                    (I) promote education and public awareness, among 
                users of the Sanctuaries, about the need for marine 
                resource conservation and safe navigation and marine 
                transportation.
    (c) Application of Existing Regulations.--The regulations for 
Farallones NMS in subpart H of part 922 of title 15, Code of Federal 
Regulations (or any corresponding similar regulation) or of the Cordell 
Bank NMS in subpart K of such part 922 (or any corresponding similar 
regulation), including any regulations issued as a result of a joint 
management plan review for the Sanctuaries conducted pursuant to 
section 304(e) of the National Marine Sanctuaries Act (16 U.S.C. 
1434(e)), shall apply to the areas added to each Sanctuary, 
respectively, under subsection (a) or (b) of section 5 until the 
Secretary modifies such regulations in accordance with subsection (d) 
of this section.
    (d) Revised Regulations.--
            (1) In general.--Not later than 24 months after the date of 
        the enactment of this Act, the Secretary shall--
                    (A) carry out an assessment of necessary revisions 
                to the regulations for the Sanctuaries to ensure the 
                protection of the resources of the Sanctuaries in a 
                manner that is consistent with the purposes and 
                policies of the National Marine Sanctuaries Act (16 
                U.S.C. 1431 et seq.) and the goals and objectives for 
                the areas added to either of the Sanctuaries under 
                subsection (a) or (b) of section 5; and
                    (B) issue final regulations for the Sanctuaries 
                that include any revisions identified in the assessment 
                carried out under subparagraph (A).
            (2) Regulation of specific activities.--In carrying out the 
        assessment required by paragraph (1)(A), the Secretary shall 
        consider appropriate regulations for--
                    (A) the deposit or release of introduced species 
                into the Sanctuaries; and
                    (B) the alteration of stream and river drainage 
                into the Sanctuaries.
            (3) Considerations.--In carrying out the assessment 
        required by paragraph (1)(A), the Secretary shall consider 
        exempting from further regulation under the National Marine 
        Sanctuaries Act or this Act discharges that are permitted under 
        a National Pollution Discharge Elimination System permit that 
        is in effect on the date of enactment of this Act, or under a 
        new or renewed National Pollution Discharge Elimination System 
        permit if such permit--
                    (A) does not increase pollution in the Sanctuaries; 
                and
                    (B) that originates--
                            (i) in the Russian River Watershed outside 
                        the boundaries of the Gulf of the Farallones 
                        National Marine Sanctuary; or
                            (ii) from the Bodega Marine Laboratory.
    (e) Public Participation.--The Secretary shall provide for the 
participation of the general public in the review and revision of the 
management plans for the Sanctuaries and relevant regulations under 
this section.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act--
            (1) $3,000,000 for each of fiscal years 2010 through 2014, 
        for activities other than construction and acquisition 
        activities; and
            (2) $3,500,000 for fiscal year 2010 and such sums as may be 
        necessary for each of fiscal years 2011 through 2014 for 
        construction and acquisition activities.
                                 <all>