[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Reported in Senate (RS)]

                                                       Calendar No. 299
112th CONGRESS
  2d Session
                                 S. 485

                          [Report No. 112-134]

 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

                             March 3, 2011

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            January 26, 2012

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Modification 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Thunder Bay National Marine Sanctuary and 
        Underwater Preserve in Lake Huron contains more than 100 
        recorded historic vessel losses.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Many of these shipwrecks and underwater 
        cultural resources are popular recreational diving destinations 
        and all contribute to our collective maritime 
        heritage.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) to provide the underwater cultural resources 
        of those areas equal protection to that currently afforded to 
        the Sanctuary.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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 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 located approximately at 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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Updated National Oceanic and Atmospheric 
Administration Charts.--The Secretary shall--</DELETED>
        <DELETED>    (1) produce updated National Oceanic and 
        Atmospheric Administration charts for the area in which the 
        Sanctuary is located; and</DELETED>
        <DELETED>    (2) include on such charts the boundaries of the 
        Sanctuary described in subsection (b), as modified in 
        accordance with subsection (c).</DELETED>

<DELETED>SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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 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 located approximately at 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 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.

SEC. 6. CONSTRUCTION.

    Nothing in this Act may be construed to increase or require an 
increase of the amount of appropriated funds or of the authorization of 
appropriations for the Thunder Bay National Marine Sanctuary and 
Underwater Preserve.
                                                       Calendar No. 299

112th CONGRESS

  2d Session

                                 S. 485

                          [Report No. 112-134]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 26, 2012

                       Reported with an amendment