[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H11626-H11628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1315
                NATIONAL MARINE SANCTUARIES PRESERVATION

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 543) to approve a governing international fishery agreement 
between the United States and the Republic of Estonia, as amended.
  The Clerk read as follows:

                                H.R. 543

       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 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

[[Page H11627]]

     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);
       (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.

       No designation of an area in the Northwest Straits in the 
     State of Washington 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 enactment of this Act.

     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''.

  The SPEAKER pro tempore (Mr. LaTourette). Pursuant to the rule, the

[[Page H11628]]

gentleman from New Jersey [Mr. Saxton] will be recognized for 20 
minutes, and the gentleman from Hawaii [Mr. Abercrombie] will be 
recognized for 20 minutes.
  The Chair will recognize 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. 543. With one exception, 
this bill is identical to H.R. 3487 which passed the House on September 
4. That one change deletes a provision which is unacceptable to the 
other body.
  On May 16, I, along with the gentleman from California [Mr. Farr], 
introduced this bill to reauthorize the National Marine Sanctuaries Act 
through fiscal year 1999.
  The National Marine Sanctuaries Act is implemented by the National 
Oceanic and Atmospheric Administration through the National Marine 
Sanctuary Program. The mission of this program is to protect 
significant marine environmental and cultural resource while ensuring 
the continuation of all compatible public and private uses. To 
accomplish this, the program oversees a system of specifically-managed 
marine areas. These areas include highly valuable environmental and 
historical features.
  Over the past 21 years, Mr. Speaker, 14 national marine sanctuaries 
have been designed off our Nation's shores, from Massachusetts to 
Florida, in the Gulf of Mexico, and in Hawaii. Two more are active 
candidates for designation, one in the Great Lakes and one in the State 
of Washington.
  The bill authorizes funding for the National Marine Sanctuaries 
Program through fiscal year 1999; directs the Secretary of Commerce to 
prepare and submit to Congress a long-range plan for the 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 sanctuaries can 
be retained for use by those sanctuaries.
  The bill also adds a 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 requires 
Congressional approval for designation of a sanctuary in the Northwest 
Straits in the State of Washington. These are small changes that will 
allow the system to operate more efficiently and be more responsive to 
the public's concerns.
  Mr. Speaker, finally, I would just like to note that inasmuch as 
there is a strong rumor here that the House will adjourn sine die 
somewhere between now and midnight, that makes today the final day in 
the 104th Congress. By coincidence, it is also the final day in a 24 
year-long distinguished career of our good friend and colleague from 
Massachusetts, Mr. Studds.
  So it is fitting that this bill rename the Stellwagon Bank National 
Marine Sanctuary in honor of our colleague, who, for 22 years, was an 
active member of the Merchant Marine and Fisheries Committee and, 
during those 22 years, has more accomplishments than I care to remember 
at this point, and of course, for the last 2 years he has worked 
diligently as my counterpart on the Subcommittee on Fish, Wildlife and 
Oceans of the Committee on Resources.
  It is through his very, very diligent efforts and hard-working 
attitude that I have profited much for the last 12 years during my time 
here, have learned much, and have been able to call the gentleman from 
Massachusetts [Mr. Studds] a great friend and wonderful colleague and, 
in many instances, a teacher to me with regard to the issues that we 
have dealt with in those two committees.
  So it is my pleasure, Mr. Speaker, to make the recommendation that we 
all vote ``aye'' today on this bill, inasmuch as it does redesignate 
this sanctuary, which Gerry Studds actually helped to create himself, 
and, of course, this reauthorization of the National Marine Sanctuaries 
Act this year will demonstrate our collective commitment to protecting 
and wisely managing our Nation's marine natural resources.
  Therefore, I ask all Members on both sides of the aisle to vote 
affirmatively on this bill today.
  Mr. Speaker, I reserve the balance of my time.
  (Mr. ABERCROMBIE asked and was given permission to revise and extend 
his remarks.)
  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, want to thank the chairman as well and associate myself 
with all of his remarks, and particularly with those regarding the 
gentleman from Massachusetts [Mr. Studds].
  I am pleased to note, for whatever pleasant irony there might be, 
that literally the last provision of this bill is the naming of the 
sanctuary after the gentleman from Massachusetts [Mr. Studds]. So I 
trust that all Members will recognize and abide by the request of the 
chairman.
  I have little to add, Mr. Speaker, but rather to supplement just 
briefly. As indicated, we are asking the House to sign compromise 
language reauthorizing the National Marine Sanctuaries bill back from 
the other body in the hope that it will send the bill to the President 
before adjournment.
  This bill contains all that the bill we passed previously does. It 
embodies the House-Senate compromise, as had been indicated, that has 
bipartisan support. And I want to state that for the record. It most 
certainly is acceptable to the administration.
  I want to emphasize that it provides a generous 3-year 
reauthorization for the program and contains many of the miscellaneous 
provisions, some of which the chairman pointed out, principally, to 
enhance the management of individual marine sanctuaries and to give 
NOAA the authority to raise private funds for sanctuary activities. I 
think the latter is particularly important.
  All around, this is the kind of legislation that has been the rule 
rather than the exception from our Subcommittee on Fisheries, Wildlife 
and Oceans for much the same reasons as outlined by the chairman. I 
commend him for his hard work and the cooperation of him and the staff 
and the cooperation of many other individuals on the subcommittee and 
Committee of the Whole for this bill and the many others that we have 
had come before us.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SAXTON. Mr. Speaker, I have no more requests for time at this 
point, and if the gentleman is prepared to yield back, I am prepared to 
do the same.
  Mr. ABERCROMBIE. Mr. Speaker, I would just like to say to the 
chairman what a great pleasure it has been, once again, to be able to 
work with him, and I look forward to it again. That is by way of 
sympathetic magic.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I appreciate very much the gentleman's 
remarks and obviously have enjoyed working with him as well.
  Mr. Speaker, I will yield back the balance of my time.
  The SPEAKER pro tempore. 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. 543, 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.
  The title was amended so as to read: ``A bill to reauthorize the 
National Marine Sanctuaries Act, and for other purposes.''
  A motion to reconsider was laid on the table.

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