[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5797 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5797

   To protect certain seamounts, ridges, and banks in the Exclusive 
 Economic Zone off the coast of California by the establishment of the 
California Seamounts and Ridges National Marine Conservation Area, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Mr. Farr (for himself and Mr. Ted Lieu of California) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
   To protect certain seamounts, ridges, and banks in the Exclusive 
 Economic Zone off the coast of California by the establishment of the 
California Seamounts and Ridges National Marine Conservation Area, 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 ``California Seamounts and Ridges 
National Marine Conservation Area Designation and Management Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The California Seamounts and Ridges National Marine 
        Conservation Area established by this Act contains a series of 
        ancient volcanos and underwater geological features in the 
        Exclusive Economic Zone.
            (2) Found on the seamounts, ridges, and banks in the 
        Conservation Area are rare deep-water corals, sponges, 
        anemones, tunas, sharks, seabirds, marine mammals (including 
        orcas, sperm whales, and blue whales), endangered sea turtles, 
        octopuses, and diverse fish populations, some of which are 
        endemic to the area.
            (3) The only hydrothermal vents in the continental 
        Exclusive Economic Zone are found on Gorda Ridge located off 
        the north coast of California and the south coast of Oregon.
            (4) These areas' remote location and depth contribute to 
        their remarkably pristine condition, limited human footprint, 
        and reputation as a vital frontier for scientific discovery, 
        with research expeditions continuing to yield new and rare 
        species, greater understanding about ecological relationships, 
        and renewed appreciation of the uniqueness of deep-sea 
        ecosystems.
            (5) Despite currently limited direct pressure from 
        extractive use, the Conservation Area is undergoing rapid 
        change due to warming waters, ocean acidification, and 
        ecological stress from pollution and other sources the 
        management of which transcends the jurisdiction of any single 
        government agency or department.
            (6) According to many scientists, comprehensive marine 
        habitat protection is one of the most important actions for 
        building resilience in ocean environments to current and 
        emerging challenges presented by anthropogenic and other 
        stressors impacting marine ecosystems.
    (b) Purpose.--The purpose of this Act is to protect, conserve, and 
enhance for the benefit and enjoyment of present and future generations 
the nationally significant historical, natural, cultural, scientific, 
and educational values of the California Seamounts and Ridges National 
Marine Conservation Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Exclusive economic zone.--The term ``Exclusive Economic 
        Zone'' means the Exclusive Economic Zone of the United States 
        established by Presidential Proclamation No. 5030 of March 10, 
        1983.
            (2) Conservation area.--The term ``Conservation Area'' 
        means the California Seamounts and Ridges National Marine 
        Conservation Area established by section 4(a).
            (3) Outer continental shelf.--The term ``Outer Continental 
        Shelf'' has the meaning given the term ``outer Continental 
        Shelf'' in section 2 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331).

SEC. 4. DESIGNATION.

    (a) Establishment.--There is established the California Seamounts 
and Ridges National Marine Conservation Area, consisting of the waters 
of the Exclusive Economic Zone and the Outer Continental Shelf 
contained in the area described in subsection (b).
    (b) Area Described.--The area referred to in subsection (a)--
            (1) is the area generally depicted as the Conservation Area 
        on the map entitled ``____'' and dated ___, as is more 
        particularly described by the Secretary of Commerce and the 
        Secretary of the Interior under subsection (c); and
            (2) includes--
                    (A) Gorda Ridge;
                    (B) the portion of Mendocino Ridge in the 
                Conservation Area west of longitude 125 40' 4.8" W; 
                and
                    (C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San 
                Juan, and Northeast seamounts.
    (c) Detail Boundary Description and Map.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of Commerce and the 
        Secretary of the Interior shall jointly develop a detailed 
        boundary description and map of the Conservation Area.
            (2) Force and effect.--The map and boundary description 
        developed under paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretaries 
        may correct any minor errors in the map and boundary 
        descriptions.
            (3) Public availability.--The map and boundary description 
        developed under paragraph (1) shall be on file and available 
        for public inspection within the management plan required under 
        section 5 of this Act.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary of Commerce and the Secretary of the 
Interior shall have joint responsibility for management of the 
California Seamounts and Ridges National Marine Conservation Area.
    (b) Consultation and Management.--
            (1) In general.--The Secretaries may not implement the 
        establishment of the Conservation Area without--
                    (A) direct and thorough consultation with the 
                Pacific Fishery Management Council, stakeholders from 
                commercial and recreational fishing sectors, and other 
                key fishery groups, including working with such persons 
                and affected Indian tribes to develop and implement a 
                plan for the comprehensive and long-term protection and 
                management of the Conservation Area; and
                    (B) prior, timely, and ongoing notice and 
                consultation between the Secretaries and affected 
                Indian tribes, including working with such Indian 
                tribes to--
                            (i) develop and implement mutually agreed-
                        upon plans for the comprehensive and long-term 
                        protection and management of the Conservation 
                        Area; and
                            (ii) ensure that management of the 
                        Conservation Area does not in any way impact 
                        traditional uses of the waters of the 
                        Conservation Area by members of such tribes.
            (2) Prohibitions.--
                    (A) In general.--The plan required under paragraph 
                (1)(A) shall, subject to subparagraph (B) and 
                subsections (c) and (d), prohibit--
                            (i) exploring for, developing, or producing 
                        oil, gas, or minerals;
                            (ii) using or attempting to use poisons, 
                        electrical charges, or explosives in the 
                        collection or harvest of any living or 
                        nonliving marine resource;
                            (iii) intentionally introducing or 
                        otherwise releasing an introduced species from 
                        within or into the Conservation Area;
                            (iv) anchoring on or having a vessel 
                        anchored on any living or dead coral in the 
                        Conservation Area;
                            (v) drilling into, dredging, or otherwise 
                        altering the Outer Continental Shelf in the 
                        Conservation Area; and
                            (vi) other activities determined by the 
                        Secretary, as appropriate for the long-term 
                        protection and management of the Conservation 
                        Area.
                    (B) Exceptions.--The prohibitions set forth in 
                subparagraph (A) shall not apply to--
                            (i) activities and exercises of the Armed 
                        Forces (including those carried out by the 
                        Coast Guard) that are consistent with 
                        applicable laws;
                            (ii) actions necessary to respond to 
                        emergencies threatening life, property, or the 
                        environment, and activities necessary for 
                        national security or law enforcement purposes;
                            (iii) scientific exploration or research 
                        activities, subject to such terms and 
                        conditions as the Secretaries consider 
                        necessary for the care and management of the 
                        living and nonliving marine resources of the 
                        Conservation Area;
                            (iv) the troll Albacore fishery; and
                            (v) recreational fishing and charter 
                        fishing, as those terms are defined in section 
                        2 of the Magnuson-Stevens Fishery Conservation 
                        and Management Act (16 U.S.C. 1802).
    (c) Emergencies, National Security, and Law Enforcement 
Activities.--
            (1) In general.--The prohibitions required by subsection 
        (b) shall not apply to activities necessary to respond to 
        emergencies threatening life, property, or the environment, or 
        to activities necessary for national security or law 
        enforcement purposes.
            (2) Emergency response.--Nothing in this Act limits the 
        authority of government agencies to take actions to respond to 
        emergencies that pose an unacceptable threat to human health or 
        safety or to the marine environment and for which there is no 
        other feasible solution.
    (d) Armed Forces Actions.--
            (1) In general.--The prohibitions required by subsection 
        (b) shall not apply to activities and exercises of the Armed 
        Forces, including those carried out by the Coast Guard.
            (2) Compliance with this act.--The Armed Forces shall 
        ensure, by the adoption of appropriate measures not impairing 
        their operations or operational capabilities, that its vessels 
        and aircraft operate in a manner consistent, so far as is 
        reasonable and practicable, with this Act.
            (3) Destruction of, loss of, or injury to living marine 
        resources.--In the event of threatened or actual destruction 
        of, loss of, or injury to a living marine resource of the 
        Conservation Area resulting from an incident caused by a 
        component of the Department of Defense or the Coast Guard, 
        including as a result of a spill of oil or other hazardous 
        material or vessel grounding, the responsible component shall 
        promptly coordinate with the Secretary of the Interior or 
        Commerce, as appropriate, for the purpose of taking appropriate 
        actions to respond to and mitigate any actual harm and, if 
        possible, restore or replace the affected Conservation Area 
        resources.
            (4) Military property not affected.--Nothing in this Act or 
        any regulation implementing it limits or otherwise affects the 
        Armed Forces discretion to use, maintain, improve, manage, or 
        control any property under the administrative control of a 
        military department or otherwise limit the availability of such 
        property for military mission purposes.

SEC. 6. WITHDRAWALS.

    The areas of the Outer Continental Shelf comprised of Cortes and 
Tanner Banks, and of the portion of Mendocino Ridge bounded by a square 
with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a 
northeastern corner located at 40 30' N, 125 10' 4.8" W, are 
withdrawn from commercial leasing under Federal law for exploration, 
development, or production of oil and gas, mining minerals, energy 
sighting, and cable laying.
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