[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 380 Reported in Senate (RS)]

                                                       Calendar No. 148
111th CONGRESS
  1st Session
                                 S. 380

                          [Report No. 111-65]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

   Mr. Levin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             August 4, 2009

              Reported by Mr. Rockefeller, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 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 their innate 
        value 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 other provision of 
law, 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 Sanctuary Boundary.--The area referred to in 
subsection (a) is all submerged lands, including the underwater 
cultural resources, lakeward of the mean high water line, 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 <DELETED>45.628741N, 84.206983W (at Hammond Bay in 
Presque Isle County) </DELETED>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 <DELETED>45.628741N, 83.163783W 
</DELETED>45.7719N, 83.4840W then following the international boundary 
between the United States and Canada in a generally southeasterly 
direction <DELETED>where it intersects latitude 44.511111N, 
</DELETED>to a point located approximately at 44.5128N, 82.3295W, then 
due west to a point along the mean high water line located 
approximately at <DELETED>44.511111N, 83.318483W (in Alcona County just 
south of the town of Greenbush) </DELETED>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 if the 
resulting boundary is consistent with the purposes described in section 
2(b).
    (d) Inclusion in the National Marine Sanctuary 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 National Oceanic and Atmospheric Administration 
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 authorized 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 Sanctuary 
designation shall be the date of the enactment of this Act.
    (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.
                                                       Calendar No. 148

111th CONGRESS

  1st Session

                                 S. 380

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 4, 2009

                        Reported with amendments