[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4816 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4816

   To provide for the establishment of the Alabama Underwater Forest 
           National Marine Sanctuary, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2024

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

_______________________________________________________________________

                                 A BILL


 
   To provide for the establishment of the Alabama Underwater Forest 
           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 ``Alabama Underwater Forest National 
Marine Sanctuary and Protection Act''.

SEC. 2. 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 4(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 and title III of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et 
seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Sanctuary.--The term ``Sanctuary'' means the Alabama 
        Underwater Forest National Marine Sanctuary designated under 
        section 4(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. 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, 7 minutes, 20.2116 seconds north latitude; 
                87, 49 minutes, 15.7404 seconds west longitude.
                    (B) 30, 7 minutes, 20.2116 seconds north latitude; 
                87, 43 minutes, 44.8536 seconds west longitude.
                    (C) 30, 5 minutes, 42.6552 seconds north latitude; 
                87, 43 minutes, 44.8536 seconds west longitude.
                    (D) 30, 5 minutes, 42.6552 seconds north latitude; 
                87, 49 minutes, 15.7404 seconds west longitude.
                    (E) 30, 7 minutes, 20.2116 seconds north latitude; 
                87, 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 in an online format and which 
        shall be updated to reflect boundary modifications made 
        pursuant to this section.

SEC. 5. 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 damaging cypress trees.
            (2) Any kind of subsurface salvage of the cypress trees.
            (3) Lowering below the surface of the water any grappling, 
        suction, conveyor, dredging, or wrecking device.
            (4) Detonating below the surface of the water any explosive 
        or explosive mechanism.
            (5) Drilling or coring the seabed.
            (6) 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, if such lease, permit, or authorization 
                is issued on or before the date of 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.

SEC. 6. COMPREHENSIVE MANAGEMENT PLAN.

    (a) Preparation of Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with 
        appropriate Federal, State, and local government authorities 
        and with the advisory council established under section 7, 
        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.

SEC. 7. 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.
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