[Congressional Record Volume 142, Number 119 (Wednesday, September 4, 1996)]
[House]
[Pages H9974-H9979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1500
              NATIONAL MARINE SANCTUARIES PRESERVATION ACT

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3487) to reauthorize the National Marine Sanctuaries Act, 
and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3487

       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 ``National Marine Sanctuaries 
     Preservation Act''.

     SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of National Marine Sanctuaries Act (16 U.S.C. 
     1431-1445a).

     SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES 
                   ACT.

       Section 313 (16 U.S.C. 1444) is amended to read as follows:

     ``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     to carry out this title--
       ``(1) $12,000,000 for fiscal year 1997;
       ``(2) $15,000,000 for fiscal year 1998; and
       ``(3) $18,000,000 for fiscal year 1999.''.

     SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR 
                   U.S.S. MONITOR.

       The Secretary of Commerce shall, within 12 months after the 
     date of the enactment of this Act, prepare and submit to the 
     Committee on Resources of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a long-range, comprehensive plan for the management, 
     stabilization, preservation, and recovery of artifacts and 
     materials of the United States Ship Monitor. In preparing and 
     implementing the plan, the Secretary shall to the extent 
     feasible utilize the resources of other Federal and private 
     entities with expertise and capabilities that are helpful.

     SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL 
                   MEETINGS.

       Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by 
     inserting before the period at the end the following: ``, 
     except that in the case of a meeting of an Advisory Council 
     established to provide assistance regarding any individual 
     national marine sanctuary the notice is not required to be 
     published in the Federal Register''.

     SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

       (a) Incorporation of Existing Provision.--Section 316 (16 
     U.S.C. 1445 note) is redesignated as section 317, section 
     2204 of the National Marine Sanctuaries Program Amendments 
     Act of 1992 (106 Stat. 5049) is moved so as to appear in the 
     National Marine Sanctuaries Act following section 315, and 
     that moved section is designated as section 316 of the 
     National Marine Sanctuaries Act.
       (b) Amendment of Incorporated Section.--Section 316, as 
     moved and designated by subsection (a) of this section, is 
     amended as follows:
       (1) Subsections (a), (g), and (h) are struck, and 
     subsections (b), (c), (d), (e), and (f) are redesignated as 
     subsections (a), (b), (c), (d), and (e), respectively.
       (2) In subsection (a), as so redesignated, the matter 
     preceding paragraph (1) is struck and the following is 
     inserted:
       ``(a) Authority.--The Secretary may establish a program 
     consisting of--''.
       (3) In subsection (a)(5), as so redesignated--
       (A) ``establishment'' is struck and ``solicitation'' is 
     inserted; and
       (B) ``fees'' is struck and ``monetary or in-kind 
     contributions'' is inserted.
       (4) In subsection (a)(6), as so redesignated--
       (A) ``fees'' is struck and ``monetary or in-kind 
     contributions'' is inserted;
       (B) ``paragraph (5)'' is struck and ``paragraphs (5) and 
     (6)'' is inserted;
       (C) ``assessed'' is struck and ``collected'' is inserted; 
     and
       (D) ``in an interest-bearing revolving fund'' is struck.
       (5) In subsection (a)(7), as so redesignated--
       (A) ``and use'' is inserted after ``expenditure'';
       (B) ``fees'' is struck and ``monetary and in-kind 
     contributions'' is inserted; and
       (C) ``and any interest in the fund established under 
     paragraph (6)'' is struck.
       (6) In subsection (a), as so redesignated, paragraphs (5), 
     (6), and (7) are redesignated in order as paragraphs (6), 
     (7), and (8), and the following new paragraph is inserted 
     after paragraph (4):
       ``(5) the creation, marketing, and selling of products to 
     promote the national marine sanctuary program, and entering 
     into exclusive or nonexclusive agreements authorizing 
     entities to create, market or sell on the Secretary's 
     behalf;''.
       (7) The following new sentence is added at the end of 
     subsection (a), as so redesignated:
     ``Monetary and in-kind contributions raised through the sale, 
     marketing, or use of symbols and products related to an 
     individual

[[Page H9975]]

     national marine sanctuary shall be used to support that 
     sanctuary.''.
       (8) In subsection (e), as so redesignated--
       (A) paragraph (2) is struck;
       (B) in paragraph (1), ``(1)'' is struck, and subparagraphs 
     (A), (B), (C), and (D) are redesignated as paragraphs (1), 
     (2), (3), and (4); and
       (C) in paragraph (3), as so redesignated, ``fee'' is struck 
     and ``monetary or in-kind contribution'' is inserted.
       (9) In each of subsections (b), (c), and (d), as so 
     redesignated, by striking ``subsection (b)'' and inserting 
     ``subsection (a)''.

     SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.

       (a) Inclusion of Kahoolawe Island Waters.--Section 2305 of 
     the Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 
     1433 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``(A)'' and inserting ``(a)''; and
       (B) by striking ``the area described in subsection (b) is'' 
     and inserting ``the area described in subsection (b)(1) and 
     any area included under subsection (b)(2) are'';
       (2) by amending subsection (b)(2) to read as follows:
       ``(2)(A) Within 6 months after the date of receipt of a 
     request in writing from the Kahoolawe Island Reserve 
     Commission for inclusion within the Sanctuary of the area of 
     the marine environment within 3 nautical miles of the mean 
     high tide line of Kahoolawe Island (in this section referred 
     to as the `Kahoolawe Island waters'), the Secretary shall 
     determine whether those waters may be suitable for inclusion 
     in the Sanctuary.
       ``(B) If the Secretary determines under subparagraph (A) 
     that the Kahoolawe Island waters may be suitable for 
     inclusion within the Sanctuary--
       ``(i) the Secretary shall provide notice of that 
     determination to the Governor of Hawaii; and
       ``(ii) the Secretary shall prepare a supplemental 
     environmental impact statement, management plan, and 
     implementing regulations for that inclusion in accordance 
     with this Act, the National Marine Sanctuaries Act, and the 
     National Environmental Policy Act of 1969.''; and
       (3) by amending subsection (c) to read as follows:
       ``(c) Effect of Objection by Governor.--(1)(A) If, within 
     45 days after the date of issuance of the comprehensive 
     management plan and implementing regulations under section 
     2306, the Governor of Hawaii certifies to the Secretary that 
     the management plan, the implementing regulations, or any 
     term of the plan or regulations is unacceptable, the 
     management plan, regulation, or term, respectively, shall not 
     take effect in the area of the Sanctuary lying within the 
     seaward boundary of the State of Hawaii.
       ``(B) If the Secretary considers that an action under 
     subparagraph (A) will affect the Sanctuary in such a manner 
     that the policy or purposes of this title cannot be 
     fulfilled, the Secretary may terminate the designation under 
     subsection (a). At least 30 days before that termination, the 
     Secretary shall submit written notice of the termination to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate.
       ``(2)(A) If, within 45 days after the Secretary issues the 
     documents required under subsection (b)(2)(B)(ii), the 
     Governor of Hawaii certifies to the Secretary that the 
     inclusion of the Kahoolawe Island waters in the Sanctuary or 
     any term of that inclusion is unacceptable--
       ``(i) the inclusion or the term shall not take effect; and
       ``(ii) subsection (b)(2) shall not apply during the 3-year 
     period beginning on the date of that certification.
       ``(B) If the Secretary considers that an action under 
     subparagraph (A) regarding a term of the inclusion of the 
     Kahoolawe Island waters will affect the inclusion or the 
     administration of the Kahoolawe Island waters as part of the 
     Sanctuary in such a manner that the policy or purposes of 
     this title cannot be fulfilled, the Secretary may terminate 
     that inclusion.''.
       (b) Limitation on User Fees.--The Hawaiian Islands National 
     Marine Sanctuary Act (16 U.S.C. 1433 note) is further amended 
     by redesignating section 2307 as section 2308, and by 
     inserting after section 2306 the following new section:

     ``SEC. 2307. LIMITATION ON USER FEES.

       ``(a) Limitation.--The Secretary shall not institute any 
     user fee under this Act or the National Marine Sanctuaries 
     Act for any activity within the Hawaiian Islands National 
     Marine Sanctuary or any use of the Sanctuary or its 
     resources.
       ``(b) User Fee Defined.--In this section, the term `user 
     fee' does not include--
       ``(1) any fee authorized by section 310 of the National 
     Marine Sanctuaries Act;
       ``(2) any gift or donation received under section 311 of 
     that Act; and
       ``(3) any monetary or in-kind contributions under section 
     316 of that Act.''.

     SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.

       (a) Modification.--Notwithstanding section 304 of the 
     National Marine Sanctuaries Act (16 U.S.C. 1434), the 
     boundaries of the Flower Garden Banks National Marine 
     Sanctuary, as designated by Public Law 102-251, are amended 
     to include the area described in subsection (d), popularly 
     known as Stetson Bank. This area shall be part of the Flower 
     Garden Banks National Marine Sanctuary and shall be managed 
     and regulated as though it had been designated by the 
     Secretary of Commerce under the National Marine Sanctuaries 
     Act.
       (b) Depiction of Sanctuary Boundaries.--The Secretary of 
     Commerce shall--
       (1) prepare a chart depicting the boundaries of the Flower 
     Garden Banks National Marine Sanctuary, as modified by this 
     section; and
       (2) submit copies of this chart to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate.
       (c) Application of Regulations.--Regulations issued by the 
     Secretary of Commerce to implement the designation of the 
     Flower Garden Banks National Marine Sanctuary shall apply to 
     the area described in subsection (d), unless modified by the 
     Secretary. This subsection shall take effect 45 days after 
     the date of enactment of this Act.
       (d) Area Described.--
       (1) In general.--Except as provided in paragraph (2), the 
     area referred to in subsections (a), (b), and (c) is the area 
     that is--
       (A) generally depicted on the Department of the Interior, 
     Minerals Management Service map titled ``Western Gulf of 
     Mexico, Lease Sale 143, September 1993, Biologically 
     Sensitive Areas, Map 3 of 3, Final'';
       (B) labeled ``Stetson'' on the High Island Area South 
     Addition diagram on that map; and
       (C) within the 52 meter isobath.
       (2) Minor boundary adjustments.--The Secretary of Commerce 
     may make minor adjustments to the boundaries of the area 
     described in paragraph (1) as necessary to protect living 
     coral resources or to simplify administration of the Flower 
     Garden Banks National Marine Sanctuary and to establish 
     precisely the geographic boundaries of Stetson Bank. The 
     adjustments shall not significantly enlarge or otherwise 
     alter the size of the area described in paragraph (1), and 
     shall not result in the restriction of oil and gas activities 
     otherwise permitted outside of the ``no activity'' zone 
     designated for Stetson Bank as that zone is depicted on the 
     Minerals Management Service map entitled ``Final Notice of 
     Sale 161, Western Gulf Mexico, Biological Stipulation Map 
     Package''.
       (e) Publication of Notice.--
       (1) In general.--The Secretary of Commerce shall, as soon 
     as practicable after the date of the enactment of this Act, 
     publish in the Federal Register a notice describing--
       (A) the boundaries of the Flower Garden Banks National 
     Marine Sanctuary, as modified by this section, and
       (B) any modification of regulations applicable to that 
     Sanctuary that are necessary to implement that modification 
     of the boundaries of the Sanctuary.
       (2) Treatment as notice required under national marine 
     sanctuaries act.--A notice published under paragraph (1) 
     shall be considered to be the notice required to be published 
     under section 304(b)(1) of the National Marine Sanctuaries 
     Act (16 U.S.C. 1434(b)(1)).
       (f) Authorization of Appropriations.--Amounts may be 
     appropriated to carry out this section under the authority 
     provided in section 313 of the National Marine Sanctuaries 
     Act, as amended by this Act.

     SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Section 301(b)(2) of the National Marine Sanctuaries 
     Act (16 U.S.C. 1431(b)(2)) is amended by striking the period 
     at the end and inserting a semicolon.
       (b) Section 302 of the National Marine Sanctuaries Act (16 
     U.S.C. 1432) is amended--
       (1) in paragraph (6) by striking ``, and'' at the end of 
     subparagraph (C) and inserting a semicolon; and
       (2) in paragraph (7) by striking ``and'' after the 
     semicolon at the end.
       (c) Section 307(e)(1)(A) of the National Marine Sanctuaries 
     Act (16 U.S.C. 1437(e)(1)(A)) is amended by inserting ``of 
     1980'' before the period at the end.
       (d) Section 2109 of the National Marine Sanctuaries Program 
     Amendments Act of 1992 (106 Stat. 5045) is amended by 
     striking the open quotation marks before ``Section 311''.
       (e) Section 2110(d) of the National Marine Sanctuaries 
     Program Amendments Act of 1992 (106 Stat. 5046) is deemed to 
     have amended section 312(b)(1) of the Marine Protection, 
     Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) 
     by inserting ``or authorize'' after ``undertake''.
       (f) The material added to the Marine Protection, Research, 
     and Sanctuaries Act of 1972 by section 2112 of the National 
     Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 
     5046)--
       (1) is deemed to have been added by that section at the end 
     of title III of the Marine Protection, Research, and 
     Sanctuaries Act of 1972; and
       (2) shall not be considered to have been added by that 
     section to the end of the Marine Protection, Research, and 
     Sanctuaries Act of 1972.
       (g) Section 2202(e) of the National Marine Sanctuaries 
     Program Amendments Act of 1992 (16 U.S.C. 1433 note) is 
     amended by striking ``section 304(e)'' and inserting 
     ``304(d)''.
       (h) Section 304(b)(3) of the National Marine Sanctuaries 
     Act (16 U.S.C. 1434(b)(3)) is amended--
       (1) by striking subparagraphs (B) and (C);
       (2) by moving the text of subparagraph (A) so as to begin 
     at the end of the line on appears the heading for paragraph 
     (3);

[[Page H9976]]

       (3) by moving clauses (i) and (ii) of subparagraph (A) 2 
     ems to the left, so that the left margins of clauses (i) and 
     (ii) are aligned with the left margin of paragraph (3);
       (4) by striking ``(A) In'' and inserting ``In'';
       (5) by striking ``(i)'' and inserting ``(A)''; and
       (6) by striking ``(ii)'' and inserting ``(B)''.

     SEC. 10. NORTHWEST STRAITS.

       (a) Northwest Straits Marine Resources Protection Advisory 
     Committee.--(1) There shall be established, within 120 days 
     after the date of enactment of this subsection, the Northwest 
     Straits Marine Resources Protection Advisory Committee, 
     consisting of 11 members appointed by the Secretary of 
     Commerce, at least 8 of whom are appointed in accordance with 
     paragraph (2) and at least 1 of whom is appointed from each 
     of the following counties in western Washington: Jefferson, 
     San Juan, Island, Whatcom, Skagit, Snohomish, and Clallam. 
     This Advisory Committee shall be exempt from the Federal 
     Advisory Committee Act.
       (2) The Secretary of Commerce shall appoint members of the 
     Advisory Committee from a list of individuals submitted by 
     each county specified in paragraph (1), in accordance with 
     the following requirements:
       (A) A county may not submit the names of individuals to the 
     Secretary for appointment unless the county has determined 
     that each individual, by reason of his or her occupational or 
     other experience, scientific expertise, or training, is 
     knowledgeable regarding the conservation and management, or 
     the commercial or recreational harvest or use, of the marine 
     resources of the Northwest Straits.
       (B) Each list shall include the names and pertinent 
     biographical data of not less than 3 individuals for each 
     applicable vacancy and shall be accompanied by a statement by 
     the county explaining how each individual meets the 
     requirements under paragraph (1).
       (C) The Secretary shall review each list submitted by a 
     county to ascertain if the individuals on the list are 
     qualified for the vacancy on the basis of the requirements 
     under subparagraph (A). If the Secretary determines that no 
     individual on a county's list is qualified, the Secretary 
     shall notify the county in writing of that determination, and 
     provide the county an explanation of that determination. The 
     county shall then submit a revised list or resubmit the 
     original list with an additional explanation of the 
     qualifications of the individuals in question.
       (b) Advisory Committee Report.--Within 1 year of the 
     enactment of this Act, the Advisory Committee established 
     under subsection (a) shall report to the Secretary of 
     Commerce on the adequacy of existing marine resources 
     protection under local, State, and Federal laws in the 
     Northwest Straits. This report shall recommend whether a 
     special resources management area is necessary to protect the 
     marine resources of the Northwest Straits. If the Advisory 
     Committee recommends that a special resources management area 
     is necessary, then the report shall specify whether that area 
     should constitute a non-Federal management area, a national 
     marine sanctuary, or some other form. The Secretary shall 
     make available to the Advisory Committee any staff, 
     information, administrative services, or other assistance 
     reasonably required to carry out its functions.
       (c) Submission of Northwest Straits Draft Environmental 
     Impact Statement.--The Secretary of Commerce shall not issue 
     a draft Environmental Impact Statement under the National 
     Environmental Policy Act of 1969 on a national marine 
     sanctuary in the Northwest Straits until receipt of the 
     report required under subsection (b). If the Secretary issues 
     a draft Environmental Impact Statement, it shall include the 
     Advisory Committee's recommendation as an alternative.
       (d) Submission of Documents.--In the case of a national 
     marine sanctuary in the Northwest Straits, on the same day 
     the notice required by section 304(a)(1)(A) of the National 
     Marine Sanctuaries Act is issued, the Secretary of Commerce 
     shall submit the documents required by section 304(a)(1)(C) 
     of the National Marine Sanctuaries Act to the Advisory 
     Committee established under subsection (a) and shall publish 
     notice of that submission in the Federal Register. The 
     Advisory Committee shall then within 60 days review those 
     documents and make recommendations to the Secretary regarding 
     designation. Upon receipt of the recommendations of the 
     Advisory Committee, the Secretary shall submit the documents 
     required by section 304(a)(1)(A) of the National Marine 
     Sanctuaries Act along with recommendations of the Advisory 
     Committee to the Committee on Resources of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (e) Congressional Authorization of Designation Require.--No 
     designation of an area in the Northwest Straits as a national 
     marine sanctuary under the National Marine Sanctuaries Act 
     shall take effect unless that designation is specifically 
     authorized by a law enacted after the date of publication of 
     the notice of submission required under subsection (d).
       (f) Definitions.--
       (1) Northwest straits.--In this section the term 
     ``Northwest Straits'' means the area generally described as 
     the Washington State Nearshore area in the notice published 
     by the Secretary of Commerce in the Federal Register on 
     August 4, 1983.
       (2) County.--In subsection (a)(2), the term ``county'' 
     means each local elected legislative body that represents a 
     county specified in subsection (a)(1).

     SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK 
                   NATIONAL MARINE SANCTUARY.

       The Stellwagen Bank National Marine Sanctuary shall be 
     known and designated as the ``Gerry E. Studds Stellwagen Bank 
     National Marine Sanctuary''. Any reference in a law, map, 
     regulation, document, paper, or other record of the United 
     States to that national marine sanctuary shall be deemed to 
     be a reference to the ``Gerry E. Studds Stellwagen Bank 
     National Marine Sanctuary''.

  0The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
New Jersey [Mr. Saxton] and the gentleman from California [Mr. Farr] 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today we are considering H.R. 3487, which was introduced 
on May 16 by the gentleman from California [Mr. Farr] and by me. I 
might say at this point, Mr. Speaker, that so often partisanship seems 
to be the byword around these chambers. In this case, partisanship, as 
far as I can determine, played no part whatsoever. The gentleman from 
California [Mr. Farr], and I and others worked together as Republicans 
and Democrats on a very amicable basis, and I believe produced a 
product which reflects that kind of bipartisanship.
  We introduced this bill to reauthorize the National Marine 
Sanctuaries Act through the year 1999.
  The National Marine Sanctuaries Act is implemented by the National 
Oceanic and Atmospheric Administration through the National Marine 
Sanctuaries Program. The mission of this program is to protect 
significant marine environmental and cultural resources while ensuring 
the continuation of all compatible public and private uses. To 
accomplish this, the program oversees a system of specially managed 
marine areas. These areas include highly valuable environmental and 
historical features.
  Over the past 21 years 14 national marine sanctuaries have been 
designated off our Nation's shore, from Massachusetts to Florida to the 
Gulf of Mexico and Hawaii. Two more are active candidates for 
designation, one in the Great Lakes and one in the waters of Washington 
State.
  H.R. 3487 authorizes funding for the National Marine Sanctuaries 
Program through the year 1999; directs the Secretary of Commerce to 
prepare and submit to Congress a long-range plan for management, 
recovery, and preservation of the U.S.S. Monitor; authorizes the 
Secretary to designate sponsors for the sanctuary program to create, 
market, and sell symbols and products to promote them; and designates 
that the money collected from those items sold at the sanctuary can be 
retained and used by that sanctuary.
  This bill also adds Stetson Bank to the Flower Garden Banks National 
Marine Sanctuary in Texas; simplifies the designation process for a 
minor addition to the Hawaiian Islands Humpback Whale National Marine 
Sanctuary and prohibits user fees in that sanctuary; and establishes an 
advisory committee, and this was of special import to the gentleman 
from Washington, Mr. Jack Metcalf, establishes an advisory committee on 
the Northwest Straits Sanctuary proposal, and requires congressional 
approval for designation of that sanctuary. These are small changes 
that will allow the system to operate more effectively and efficiently 
and to be more responsive to the public's concerns.

  Finally, of special interest to me and to other members of the 
committee, H.R. 3487 renames the Stellwagon Bank National Marine 
Sanctuary in honor of our colleague, the gentleman from Massachusetts, 
Gerry Studds.
  As many of my colleagues know, the gentleman from Massachusetts [Mr. 
Studds] has been a Member of the Congress for 24 years and has 
announced his retirement. The gentleman from Massachusetts [Mr. Studds] 
replaced Walter Jones in 2\1/2\, actually almost 4 years now as 
chairman of the Committee on Merchant Marine and Fisheries, and acted 
at that time as well as chairman of the Fish and Wildlife Subcommittee, 
and became the ranking

[[Page H9977]]

member of the Subcommittee on Fisheries, Wildlife and Oceans in this 
term under the auspices of the current committee setup.
  I would just like to say also, Mr. Speaker, that were it not for the 
gentleman from Massachusetts, Gerry Studds, and his ideas and his 
enthusiasm and the effort that he has put into his committee work, many 
of the programs and projects that we have worked on on a bipartisan 
basis simply would not be. So it is because he was instrumental in 
getting Stellwagon designated as a sanctuary, and by naming it in his 
honor we recognize his outstanding leadership in marine protection 
efforts during the past two decades plus of years of service in the 
House.
  We also reauthorize the National Marine Sanctuaries Act this year, 
and by doing so we will demonstrate our collective commitment to 
protecting and wisely managing our Nation's marine natural resources. 
Therefore, I urge a ``yea'' vote on H.R. 3487.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FARR of California. I yield myself such time as I may consume, 
Mr. Speaker.
  (Mr. FARR of California asked and was given permission to revise and 
extend his remarks.)
  Mr. FARR of California. Mr. Speaker, I rise in strong support of H.R. 
3487. I want to thank the chairman, the gentleman from New Jersey [Mr. 
Saxton], for the great bipartisan cooperation in which we have come to 
work together to produce this piece of legislation. This bill continues 
our subcommittee's success under his leadership in crafting a sound, 
bipartisan ocean policy.
  When we first introduced this legislation, we had over 20 other 
original sponsors, equally divided between both sides of the aisle. We 
have worked hard in the spirit of close cooperation to resolve the 
problems we have faced in moving the bill through the subcommittee and 
the full committee. While it is a modest bill, this legislation will 
help the National Marine Sanctuary Program to continue as one of the 
most effective and most cost-efficient resource conservation efforts in 
America.
  America's 13 marine sanctuaries are the national parks of our oceans. 
They celebrate and preserve some of the Nation's most significant ocean 
resources. Like our landbound national parks, our marine sanctuaries 
focus our attention on how important sound environmental stewardship is 
to our quality of life and to the quality of economies in our local 
communities.
  In my own district, the Monterey Bay National Marine Sanctuary plays 
a central part in the recreational and economic lives of my 
constituents. The Monterey Bay National Marine Sanctuary embraces the 
entire coast of the central part of California. It is the largest 
protected marine area in the United States, second only to Australia's 
Great Barrier Reef in size. It encompasses more than 4,000 square 
nautical miles of open ocean along 350 miles of shoreline.
  However, the marine sanctuaries are not just about conserving 
resources. They are also about protecting coastal economies. The 
Monterey Bay Sanctuary is key to my district's $1 billion tourism 
industry. Indeed, one of this Nation's premiere tourist attractions, 
the Monterey Bay Aquarium, is a thriving business that depends upon the 
extraordinary marine life of the Monterey Bay Sanctuary. It is also the 
nerve center of the world's largest concentration of ocean scientists, 
working in 12 diverse marine research facilities. Finally, the 
sanctuary supports a prosperous fishing industry.
  All of this comes at a very modest cost. It is truly a bargain for 
our taxpayers. But, like all Government programs, the sanctuaries need 
to make the most of their funding. This bill helps them accomplish that 
by allowing sanctuaries to develop for the first time, trademark, and 
market logos and other merchandise to help supplement their funding.
  Finally, Mr. Speaker, I want to recognize what was pointed out by the 
chairman, the gentleman from New Jersey [Mr. Saxton], the work of our 
colleague, the gentleman from Massachusetts, Gerry Studds. Without a 
doubt, he is one of the most outstanding Members of this House. He has 
built the basis for American ocean policy as chairman of the former 
Merchant Marine and Fisheries Committee.
  This bill recognize that contribution by renaming the Stellwagon Bank 
National Marine Sanctuary in his honor. It will now be known as the 
Gerry E. Studds Stellwagon Bank National Marine Sanctuary. We will miss 
his knowledge and wit, but we will forever remember his name and 
contribution to our committee and to this country.
   Mr. Speaker, I yield such time as he may consume to my colleague, 
the gentleman from Hawaii [Mr. Abercrombie].
  Mr. ABERCROMBIE. Mr. Speaker, I thank the gentleman for yielding time 
to me.
   Mr. Speaker, before I begin my remarks on the particular section of 
the bill that applies to Hawaii, I, too, would like to add my voice to 
the accolades that have been extended to the gentleman from 
Massachusetts [Mr. Studds].
   Mr. Speaker, I first had the opportunity to listen, not to hear but 
to listen to the gentleman from Massachusetts [Mr. Studds], in 1986 
when I had the good fortune to be elected in a special election to take 
up the remaining time of a Member of this body that had resigned to run 
for another office. In the brief time that I was here in 1986, I had 
the opportunity to participate in activities of the Merchant Marine and 
Fisheries Committee, and had the opportunity when I was elected in 1990 
to again join that committee.
  I say ``opportunity,'' because it was there that I, I am sure, had an 
experience that has been shared with many, many other Members of the 
House of Representatives, the chance to listen to and to observe and to 
absorb the perspective and analysis of ocean policy that was the forte 
of the gentleman from Massachusetts [Mr. Studds]. There are few people 
in this body, perhaps in the history of this body, better able to 
articulate their thoughts, particularly with respect to ocean policy, 
environmental policy.
  I think Mr. Studds is universally respected for his intellect and for 
the depth of his perspective on these issues. As the gentleman from 
California [Mr. Farr] and the gentleman from New Jersey [Mr. Saxton] 
have indicated, I doubt whether there is anyone in this body, including 
the renowned gentleman from Massachusetts [Mr. Frank], who has a 
quicker wit, a brighter intelligence, a sense of himself entirely self-
contained, as opposed to perhaps some others in this body, someone who 
understands his role and has illuminated many, many corners which would 
otherwise remain abstract and obscure to the rest of us.
  It is always a lesson in oratory, I think, as well as perspective, to 
be able to listen to Mr. Studds outline for those of us who may not be 
entirely familiar with the legislation at hand, particularly in regard 
to the ocean, ocean policy, and fisheries, to be able to listen to him 
enumerate and elucidate for us on those areas, and come to not only a 
good understanding but solid commitment. I think that is why, as has 
been indicated, bipartisan support for so much in the way of ocean 
policy has been forthcoming, is because Gerry Studds has been able to 
articulate for all Members of the body not entirely familiar with the 
legislation exactly what it was about, exactly what the implications 
were, exactly what was in the national interest, and therefore was able 
to gain the approbation and good will of virtually every Member of the 
body for legislation that would otherwise be very difficult to 
comprehend.

  I really wish him the very best in whatever it is that he will be 
doing, but I can say with assurance, Mr. Speaker, that this body will 
be the poorer for him taking leave of it.
  Mr. Speaker, I rise today, then, to voice my support for H.R. 3487, 
the aforementioned National Marine Sanctuaries Preservation Act. I, 
too, wish to thank the gentleman from New Jersey [Mr. Saxton] and 
others on the committee, both Republican and Democrat, who have worked 
so hard in this reauthorization. This bipartisan piece of legislation 
was introduced by the gentleman from New Jersey [Mr. Saxton] and the 
gentleman from California [Mr. Farr]. I think the description they gave 
of the process by which it has arrived here today is an exact one. It 
was a pleasure to work with both of them.

[[Page H9978]]

  Hawaii is one of the 14 major areas where National Marine 
Sanctuaries, of which the prime objective is to protect our marine 
resources, have been designated and are in various stage of 
implementation. In fact, the final environmental impact statement/
management plan on the designation of the Hawaiian Islands Humpback 
Whale Sanctuary is set to be released later this month.
  In particular, H.R. 3487, thanks to the gentleman from New Jersey 
[Mr. Saxton] and the gentleman from California [Mr. Farr], contains two 
provisions specific to the Hawaiian Islands Humpback Whale National 
Marine Sanctuary Act regarding the designation of the waters around the 
Island of Kaho'olawe for inclusion in the sanctuary and the prohibition 
of the establishment of user fees in the sanctuary.
  May I add parenthetically, Mr. Speaker, that this is a good example 
of the hard work and detailed work that had to go into this bill. I am 
sure the gentleman from New Jersey [Mr. Saxton] and the gentleman from 
California [Mr. Farr] would agree that virtually every one of the 
sanctuaries has unique capabilities and unique qualities that require 
particular individual attention, and the National Marine Sanctuaries 
Preservation Act is a prime example of how you have to suit legislation 
to the particular, and that you cannot put together a bill where one 
size will literally fit all. It cannot happen in this particular kind 
of legislation. The only way it can succeed is if you have Members who 
are willing to do their homework and be able to understand the 
particular necessities associated with each of the sanctuaries.
  Mr. Speaker, these provisions, the ones I mentioned with regard to 
Kaho'olawe, were brought to the attention of the Hawaii delegation by 
State officials as a result of meetings with the Sanctuary Advisory 
Council. This council was established to empower local communities to 
provide advice and recommendations to the sanctuary manager on the 
development and continued management of the site.
  Currently, the Hawaiian Islands Humpback Whale Sanctuary Act requires 
the Secretary of Commerce to make an annual finding concerning the 
suitability for the inclusion of the sanctuary of waters within 3 
nautical miles of Kaho'olawe Island. However, the language included in 
H.R. 3487 provides that the Kaho'olawe Island Reserve Commission may 
request the Secretary of Commerce to include the waters surrounding 
Kaho'olawe into the sanctuary.

                              {time}  1515

  If a determination of inclusion is made, the Secretary will provide 
notice to the Governor of Hawaii and prepare a supplemental 
environmental impact statement and management plan and any necessary 
implementing regulations in accordance with the National Marine 
Sanctuaries Act, the Sanctuary, and the National Environmental Policy 
Act.
  The Kaho'olawe provision puts the management of Kaho'olawe and the 
waters surrounding the island into the hands of the Kaho'olawe Island 
Reserve Commission. Furthermore, it protects the rights of the State of 
Hawaii and the Secretary to terminate inclusion of Kaho'olawe Island 
waters if the supplemental management plan, any implementing regulation 
or any term of the plan or regulation is unacceptable.
  In 1992, the initial boundaries of the Hawaiian Islands Sanctuary Act 
were designated. However, the waters around the island of Kaho'olawe, 
which were previously used by the Department of Defense as a weapons 
range, was purposely excluded.
  In 1993, the Governor of Hawaii signed an act which established and 
created the aforementioned Kaho'olawe Island Reserve Commission to 
oversee the departments and agencies of the State with respect to the 
management of the island reserve. It was further stipulated that the 
reserve shall be used solely and exclusively and reserved in perpetuity 
for the preservation and practice of all rights customarily and 
traditionally exercised by native Hawaiians for cultural, spiritual, 
and subsistence purposes; for the preservation and protection of the 
reserve's archaeological, historical, and environmental resources, 
rehabilitation, revegetation, habitat restoration, and preservation; 
and for education.
  In 1994, a memorandum of understanding between the U.S. Department of 
the Navy and the State of Hawaii conveyed the island of Kaho'olawe back 
to the State.
  The Department of the Navy in conjunction with the Kaho'olawe Island 
Reserve Commission has issued an informational draft request for 
proposals for the clean-up of Kaho'olawe. Issuance of the final RFP 
will occur after completion of the use plan for the island and several 
Navy-State agreements required by the Kaho'olawe memorandum of 
understanding.
  The second provision regards the prohibition of user fees in the 
sanctuary. This language was included as a result of concerns expressed 
by the State regarding the potential impacts of the sanctuary on local 
communities; this in the context that I previously outlined with 
respect to native Hawaiian customs, et cetera. Specifically, the 
language states that the Secretary of Commerce shall not institute any 
user fee under the National Marine Sanctuaries Act for any activity 
within the Hawaii Islands National Marine Sanctuary or any use of the 
Sanctuary or its resources, again in the context previously enumerated.
  Mr. Speaker, these two provisions will provide for the better 
management of the Hawaiian Islands Humpback Whale Marine Sanctuary. I 
most urgently ask all my colleagues to support H.R. 3487.
  Mr. Speaker, may I again thank the gentleman from New Jersey [Mr. 
Saxton] and the gentleman from California [Mr. Farr] for their hard 
work on this bill.
  Mr. FARR of California. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from Massachusetts [Mr. Studds].
  (Mr. STUDDS asked and was given permission to revise and extend his 
remarks.)
  Mr. STUDDS. Mr. Speaker, I am more than a little embarrassed. No 
Member forewarned me of this.
  I want to thank the gentleman from New Jersey with whom I have worked 
for more years than I can recall, the gentleman from California, and 
the gentleman from Hawaii for their extraordinarily kind words.
  I must say I also sense the devious hand of the distant and mellow 
gentleman from Alaska in this. I suspect he is where he usually is, 
which is on his way.
  We have worked together, Don Young and I and the other Members here 
for the last few years, for a very long time. We worked in a committee 
for 22 years known as the Committee on Merchant Marine and Fisheries. I 
do not think in all those 22 years of the time that I served on that 
committee I ever heard a partisan observation except as sort of a 
lighthearted aside from one side or the other. I think we all 
understood no matter where we came from in the conventional political 
sense that what we were about was work that was far too important to be 
characterized by partisan exchanges and bitterness and that the things 
about which we were concerned transcended partisanship in every sense 
of the word, most particularly the sanctity of the marine environment.
  The critters of the oceans and the sanctity of the ocean itself have 
nothing whatever to do and do not give much of a darn about whether we 
call ourselves Republicans, Democrats, independent or vegetarians. We 
all are dependent upon those waters, upon the air, and upon the Earth. 
I think it was that common understanding on that committee which 
brought together people as disparate, for example, as Don Young and 
myself. I think, by any conventional political measurement, one would 
be hard pressed to find two Members as conventionally far apart 
politically ideologically in our conventional analyses of our voting 
records as Don Young and myself, the plain-spoken riverboat captain 
from Fort Yukon and this kid from Cape Cod.
  The fact of the matter is I think we astonished many people over the 
years by the closeness of our working, our personal relationship and 
our friendship, and it was I think because we both understood the Earth 
and the ocean because it was part intimately of our respective lives.
  The same is true of the gentleman from New Jersey, the gentleman from 
California, and the gentleman from Hawaii who spoke embarrassing words. 
May I say that one would be hard

[[Page H9979]]

pressed to find something that would have meant more to me than 
Stellwagen Bank, which lies between Cape Cod and Cape Ann in 
Massachusetts. I remember the formal designation of the sanctuary 3 
years ago standing beside Secretary of Commerce Ron Brown in Plymouth 
dedicating that sanctuary. I asked Secretary Brown whether he had ever 
actually met a whale and he confessed that he had not, it had not been 
really part of his portfolio before assuming the Commerce 
secretaryship. He promised me that he would go out on a whale watch and 
that I could introduce him personally to some of the humpbacks and 
white whales and other creatures of Stellwagen Bank.
  One of his staff members took me aside a few moments later and said, 
``He didn't mean a word of that. He doesn't like boats.'' So now 
unfortunately Ron will never have a chance to meet those creatures.
  I must say, however, that several times during the last 3 weeks I 
have flown at a very low altitude over Stellwagen Bank, have had a 
chance to speak personally with those whales, and can relay to the 
gentleman from New Jersey, the gentleman from California and the 
gentleman from Hawaii the thanks of an awful lot of very large marine 
mammals for the work that you and we collectively have done over a long 
time here.

  The richness and diversity of the marine life in Stellwagen is a 
symbol, I think, of why it is that we all came together in this 
endeavor. While I regret deeply and I suspect many others do and I 
think it was an institutional error of some magnitude to do away with 
the Committee on Merchant Marine and Fisheries precisely because of 
some of the sentiment and understanding and sort of earthy or oceanly, 
if that is a word, wisdom that we have heard here and on many occasions 
in the past and they way in which it has brought together individuals 
in an institution in a spirit of cooperation and legislative working 
together which has been sadly lacking in recent time, I think folks 
will look back, I hope, and remember that it is possible to be as 
different as some of the individuals in the Committee on Merchant 
Marine and Fisheries were and are and yet to work together in a very 
collegial and very collaborative and very constructive way on things 
that truly matter as opposed to so much of what it is that we spend our 
time here and our lives in general being concerned about.
  So on behalf of the critters aforementioned and particularly on 
behalf of a very embarrassed me, I would like to thank the gentleman 
from Alaska, the gentleman from New Jersey, and my friends from 
California and Hawaii for their very kind words.
  Mr. FARR of California. Mr. Speaker, I yield myself such time as I 
may consume.
  I assure this gentleman from Massachusetts that his spirit and his 
concern and passion for sound ocean management and sound ocean policy 
will continue in this House under the leadership of the gentleman from 
New Jersey [Mr. Saxton], myself, and others who serve on that 
committee. I want to thank the chairman for his good work as well.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  I would just like to once again express my appreciation for the many 
years of cooperation of Gerry Studds and hope that he will come back 
and visit us often and leave us with his words of wisdom from time to 
time.
  One other thing that I would just like to say, Mr. Speaker, before 
yielding back the balance of my time. The gentleman from Washington 
[Mr. Metcalf] played a particularly strong hand in one section of this 
bill which had to do with the establishment of a marine sanctuary in 
Puget Sound where we were able to again, on a bipartisan basis, agree 
on some very special provisions to protect the integrity of the local 
folks back in the 6 counties surrounding Puget Sound which guarantees 
that they will have a say in the establishment if and when that marine 
sanctuary is established. I thank everybody for their cooperation with 
regard to this measure, Mr. Speaker.
  Mr. YOUNG of Alaska. Mr. Speaker, today we are considering H.R. 3487, 
the National Marine Sanctuaries Preservation Act. This bill was 
introduced by Jim Saxton, chairman of the Subcommittee on Fisheries, 
Wildlife and Oceans.
  H.R. 3487 reauthorizes the National Marine Sanctuaries Act and makes 
minor improvements to the National Marine Sanctuaries Program. The 
National Marine Sanctuaries Program oversees 14 National Marine 
Sanctuaries and is administered by the Office of Ocean and Coastal 
Resource Management in the National Oceanic and Atmospheric 
Administration.
  H.R. 3487 will ensure ongoing protection and management for certain 
marine areas that are environmentally or historically significant.
  This bill also renames the Stellwagon Bank National Marine Sanctuary 
as the Gerry E. Studds Stellwagon Bank National Marine Sanctuary. Gerry 
has long been a leading proponent in the House of the protection of the 
marine environment--most prominently when he served as chairman of the 
former Committee on Merchant Marine and Fisheries. Now that Gerry is 
leaving after 24 years of service, I believe this is a fitting tribute.
  I would like to commend subcommittee chairman Saxton for his 
leadership on the issue of marine sanctuaries, and I urge an ``aye'' 
vote on this measure.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Wicker). The question is on the motion 
offered by the gentleman from New Jersey [Mr. Saxton] that the House 
suspend the rules and pass the bill, H.R. 3487, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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