[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.
____________________