118 HR 897 IH: Alabama Underwater Forest National Marine Sanctuary and Protection Act
U.S. House of Representatives
2023-02-09
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I
118th CONGRESS
1st Session
H. R. 897
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Carl (for himself, Mr. Graves of Louisiana, Ms. Sewell, and Mr. Moulton) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To provide for the establishment of the Alabama Underwater Forest National Marine Sanctuary, and for other purposes.
1.

Short title
This Act may be cited as the “Alabama Underwater Forest National Marine Sanctuary and Protection Act”.
2.

Findings
Congress finds the following:
(1)
An ancient cypress forest dating back 50,000 to 70,000 years has been exposed in the Gulf of Mexico off the Alabama coastline.
(2)
The cypress trees, which were uncovered by massive waves associated with Hurricane Ivan, are still rooted in the mud they were growing in at least 50,000 years ago.
(3)
The Underwater Forest site is unique on a global scale, the only known site where trees between 50,000 and 70,000 years old have been preserved intact with the ecosystem they were growing in.
(4)
Exploration of the site continues to yield invaluable scientific insight in a variety of fields, though scientists have just begun to study the ancient forest.
3.

Policy and purpose
(a)

Policy
It is the policy of the United States to protect and preserve the ancient cypress trees located off the coast of Alabama, known as the Alabama Underwater Forest.
(b)

Purpose
The purpose of this Act is to protect the resources of the area described in section 5(b), to educate and interpret for the public regarding the ancient Alabama Underwater Forest environment, and to manage human uses of the Alabama Underwater Forest National Marine Sanctuary consistent with this Act.
4.

Definitions
In this Act—
(1)

Sanctuary
The term Sanctuary means the Alabama Underwater Forest National Marine Sanctuary designated under section 5(a).
(2)

Secretary
the term Secretary means the Secretary of Commerce.
5.

Sanctuary designation
(a)

Designation
The area described in subsection (b) is designated as the Alabama Underwater Forest National Marine Sanctuary pursuant to title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(b)

Area included
(1)

In general
The Sanctuary shall consist only of all waters and submerged lands within the boundary described in paragraph (2).
(2)

Boundary
The boundary referred to in paragraph (1) shall encompass only the area within the following coordinates:
(A)
30 degrees, 7 minutes, 20.2116 seconds north latitude; 87 degrees, 49 minutes, 15.7404 seconds west longitude.
(B)
30 degrees, 7 minutes, 20.2116 seconds north latitude; 87 degrees, 43 minutes, 44.8536 seconds west longitude.
(C)
30 degrees, 5 minutes, 42.6552 seconds north latitude; 87 degrees, 49 minutes, 15.7404 seconds west longitude.
(D)
30 degrees, 5 minutes, 42.6552 seconds north latitude; 87 degrees, 43 minutes, 44.8536 seconds west longitude.
(E)
30 degrees, 7 minutes, 20.2116 seconds north latitude; 87 degrees, 49 minutes, 15.7404 seconds west longitude.
(3)

Charts
The Sanctuary shall be generally identified and depicted on National Oceanic and Atmospheric Administration charts that shall be maintained on file and kept available for public examination during regular business hours at the Office of Ocean and Coastal Resource Management of the National Oceanic and Atmospheric Administration and in online format and which shall be updated to reflect boundary modifications made pursuant to this section.
6.

Prohibition of certain uses
(a)

Prohibited activities
The following activities are prohibited and are unlawful for any person to conduct or to cause to be conducted within the Sanctuary:
(1)
Cutting, removing, or any kind of subsurface salvage of the cypress trees.
(2)
Lowering below the surface of the water any grappling, suction, conveyor, dredging, or wrecking device.
(3)
Detonating below the surface of the water any explosive or explosive mechanism.
(4)
Drilling or coring the seabed.
(5)
Lowering, laying, positioning, or raising any type of seabed cable or cable-laying device.
(b)

Exceptions
(1)

In general
The prohibitions in subsection (a) shall not apply to the following:
(A)
Fishing, diving, mooring, or similar recreational or commercial activities.
(B)
Necessary operations of public vessels, including operations essential for national defense, law enforcement, and responses to emergencies that threaten life, property, or the environment.
(C)
Construction or placement of artificial reef structures for the purpose of enhancing fishery resources, fishing opportunities, or recreational diving opportunities.
(D)
Exploration, development, or production of oil or gas pursuant to a lease, permit, or other authorization, provided such lease, permit, or authorization is issued on or before the date of the enactment of this Act.
(2)

Other activities
The Secretary, acting through the Director of the Office of National Marine Sanctuaries, may allow a person to conduct an activity that would otherwise be prohibited under subsection (a) if such activity meets the standards of Title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as determined by the Secretary.
7.

Comprehensive management plan
(a)

Preparation of plan
(1)

In general
Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with appropriate Federal, State, and local government authorities and with the advisory council established under section 8, shall develop a comprehensive management plan and implement regulations to achieve the policy and purpose of this Act.
(2)

Applicable law
In developing the comprehensive management plan and implementing regulations under paragraph (1), the Secretary shall follow the procedures described in sections 303 and 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
(3)

Plan details
The comprehensive management plan required under paragraph (1) shall—
(A)
facilitate all public and private uses of the Sanctuary compatible with the primary objective of Sanctuary resource protection, with a focus on facilitating—
(i)
fishing, diving, or similar recreational or commercial activities; and
(ii)
construction or placement of artificial reef structures for the purpose of enhancing fishery resources, fishing opportunities, or recreational diving opportunities;
(B)
consider temporal and geographical zoning, to ensure protection of Sanctuary resources;
(C)
identify needs for research and ecological monitoring; and
(D)
ensure coordination and cooperation between Sanctuary managers and—
(i)
other Federal, State, and local authorities with jurisdiction within or adjacent to the Sanctuary; and
(ii)
owners, operators, and stakeholders with respect to existing oil and gas operations within or adjacent to the Sanctuary.
(b)

Public participation
The Secretary shall provide for the participation of the general public in the development of the comprehensive management plan.
8.

Advisory council
(a)

Establishment
The Secretary shall establish an advisory council pursuant to section 315 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445a) to advise the Secretary with respect to the designation and management of the Sanctuary.
(b)

Membership
The Secretary shall include a representative from the Alabama Department of Conservation and Natural Resources as a voting member of the advisory council.
9.

Authorization of appropriations
There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2028 to carry out the provisions of this Act.