[Congressional Record Volume 145, Number 113 (Wednesday, August 4, 1999)]
[Senate]
[Pages S10222-S10226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, 
        and Mr. Breaux):
  S. 1482. A bill to amend the National Marine Sanctuaries Act, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.


         THE NATIONAL MARINE SANCTUARIES AMENDMENTS ACT OF 1999

  Ms. SNOWE. Mr. President, I rise today to introduce the National 
Marine Sanctuaries Amendments Act of 1999. I am pleased that Senator 
Kerry, Ranking Member of the Subcommittee on Oceans and Fisheries, 
Senator McCain, Chairman of the Commerce Committee, Senator Hollings, 
Ranking

[[Page S10223]]

Member of the Commerce Committee, and Senator Breaux are joining me as 
cosponsors on this legislation. This bill will protect our nation's 
valuable marine resources while facilitating their sustainable use.
  One hundred years after the first national park was created, the 
United States made a similar commitment to preserving its valuable 
marine resources by establishing the National Marine Sanctuary Program 
in 1972. Since then, twelve areas covering a wide range of marine 
habitats have been designated as national marine sanctuaries. Half of 
these designations have occurred in the last decade.
  Today, our marine sanctuaries encompass everything from kelp forests 
and marine mammal nursery grounds, to underwater archeological sites. 
Together these sanctuaries protect nearly 18,000 square miles of ocean 
waters, an area nearly the size of Vermont and New Hampshire combined.
  Acting as a platform for better ocean stewardship, these sanctuaries 
offer an opportunity for research, outreach, and educational 
activities. The national sanctuaries are also a model for multiple use 
management in the marine environment.
  Obviously, balancing the protection of public resources with 
fostering economic activities requires the cooperative efforts of the 
federal, state, and local governments, as well as nongovernmental 
organizations and the public. There are many of these partnerships 
working together within the national marine sanctuary program. Most of 
the successes of the program can be attributed to these partnerships.
  One of these sanctuaries is located in the Gulf of Maine. The 
Stellwagen Bank National Marine Sanctuary provides feeding and nursery 
grounds for more than a dozen types of whales, including the endangered 
humpback, northern right, sei, and fin whales. This has led to the 
development of a thriving whale watching tourist trade in the 
sanctuary. The area also supports diverse seabird species and other 
fish and shellfish such as bluefin tuna, herring, cod, flounder, 
lobster, and scallops. Consequently, important commercial fisheries for 
lobster, bluefin tuna, cod and others exist in and around the 
sanctuary.
  Historic data strongly suggest the presence of several shipwreck 
sites within the sanctuary, including the recently discovered wreck of 
the steamship Portland which sunk in 1898. Seven historic shipwrecks 
have been identified within or adjacent to the boundaries. However, a 
complete inventory of historical resources has not been conducted. 
These traditional shipping lanes are still active today. A heavily-used 
vessel traffic separation lane in the sanctuary facilitates the passage 
of more than 2,700 commercial vessels in and out of regional ports each 
year.
  Through careful management and cooperation, all of these diverse uses 
co-exist in a marine sanctuary while providing protection to the marine 
resources. This is just one example of the diverse management 
strategies being utilized by the national program.
  The goal of the national marine sanctuary program is quite ambitious. 
Unfortunately, lack of funding has hampered their success. To date, 
insufficient funds have been provided to keep up with the pace of 
expansion of the sanctuary system. As a result, the 12 existing 
sanctuaries are not fully operational. Nationwide, individual 
sanctuaries are understaffed; unable to fully implement their 
management plans; unable to review existing management plans every five 
years as required by law; and lack educational and outreach materials 
and facilities. Consequently, management plans that were written twenty 
years ago have not been updated to adapt to the changing needs of the 
area nor for advances in science and resource management.
  Congress identified the need for these sanctuaries when we passed the 
original Act in 1972. It is time now to provide the funds necessary to 
achieve what we set out to do. This will require an increase in the 
authorization level. The bill we are introducing today provides $30 
million in FY 2000 and increases the annual authorization level by $2 
million a year to $38 million in FY 2004.
  It is time to move beyond fundamental planning and reach full 
implementation of the national program. This bill focuses the sanctuary 
program on making the existing sanctuaries fully operational before the 
formal designation process can begin for additional sanctuaries. It is 
our intention that management plans be developed in an open and 
participatory process so that partnerships between resource protection 
and compatible uses are given every chance to succeed. Further, 
management plans must be reviewed and updated in a timely manner so 
that we can prioritize our objectives and respond to the changing needs 
of the resources and the people who utilize them.
  A large part of the implementation process is the development of 
enforcement capabilities. It is one thing to plan resource protection, 
it is another thing to actually provide it. At the Subcommittee on 
Oceans and Fisheries hearing on reauthorization of the National Marine 
Sanctuaries Act, it was disappointing to hear about the overwhelming 
lack of enforcement in our marine sanctuaries. This bill encourages the 
development and implementation of meaningful enforcement plans, 
including partnerships with the states and other authorized entities. 
This will now become a part of the management plan review process. 
Further, the Administration will need to demonstrate that effective 
enforcement plans exist for the current sanctuaries before beginning 
the formal designation process for additional sanctuaries.
  The National Marine Sanctuaries Act expires at the end of Fiscal Year 
1999. This bill gives us the opportunity to realize the goals first 
laid out by Congress in 1972. There can be no doubt that this 
revitalization of the sanctuary program is long overdue.
  Mr. President, this is a strong and much-needed bill that enjoys 
bipartisan support on the Commerce Committee. I look forward to moving 
this bill at the earliest opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1482

       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 
     Amendments Act of 1999''.

     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 or repeal to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the National Marine Sanctuaries 
     Act (16 U.S.C. 1431 et seq.).

     SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES.

       (a) Amendment of Findings.--Section 301(a) (16 U.S.C. 
     1431(a)) is amended--
       (1) by striking ``research, educational, or aesthetic'' in 
     paragraph (2) and inserting ``scientific, educational, 
     cultural, archaeological, or aesthetic'';
       (2) by inserting ``ecosystem'' after ``comprehensive'' in 
     paragraph (3);
       (3) by striking ``wise use'' in paragraph (5) and inserting 
     ``sustainable use'';
       (4) by striking ``and'' after the semicolon in paragraph 
     (5);
       (5) by striking ``protection of these'' in paragraph (6) 
     and inserting ``protecting the biodiversity, habitats, and 
     qualities of such''; and
       (6) by inserting ``and the values and ecological services 
     they provide'' in paragraph (6) after ``living resources''.
       (b) Amendment of Purposes and Policies.--Section 301(b) (16 
     1431(b)) is amended--
       (1) by striking ``significance;'' in paragraph (1) and 
     inserting ``significance and to manage these areas as the 
     National Marine Sanctuary System;'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) to maintain natural biodiversity and biological 
     communities, and to protect, and where appropriate, restore, 
     and enhance natural habitats, populations, and ecological 
     processes;'';
       (3) by striking ``understanding, appreciation, and wise use 
     of the marine environment;'' in paragraph (4) and inserting 
     ``understanding, and appreciation of the natural, historical, 
     cultural, and archaeological resources of national marine 
     sanctuaries;'';
       (4) by redesignating paragraphs (5) through (9) as 
     paragraphs (6) through (10), and inserting after paragraph 
     (4) the following:
       ``(5) to support, promote, and coordinate scientific 
     research on, and long-term monitoring of, the resources of 
     these marine areas;'';
       (5) by striking ``areas;'' in paragraph (8), as 
     redesignated, and inserting ``areas, including

[[Page S10224]]

     the application of innovative management techniques; and'';
       (6) by striking ``marine resources; and'' in paragraph (9), 
     as redesignated, and inserting ``marine and coastal 
     resources.''; and
       (7) by striking paragraph (10), as redesignated.

     SEC. 4. CHANGES IN DEFINITIONS.

       Section 302 (16 U.S.C. 1432) is amended--
       (1) by striking ``304(a)(1)(C)(v)'' in paragraph (1) and 
     inserting ``304(a)(2)(A)'';
       (2) by striking `` `Magnuson'' in paragraph (2) and 
     inserting `` `Magnuson-Stevens'';
       (3) by striking ``and'' after the semicolon in subparagraph 
     (B) of paragraph (6);
       (4) by striking ``resources;'' in subparagraph (C) of 
     paragraph (6) and inserting ``resources; and'';
       (5) by inserting after paragraph (6)(C) the following:
       ``(D) the cost of curation and conservation of 
     archaeological, historical, and cultural sanctuary 
     resources;'';
       (6) by striking ``injury;'' in paragraph (7) and inserting 
     ``injury, including enforcement activities related to any 
     incident;''
       (7) by striking ``educational, or '' in paragraph (8) and 
     inserting ``educational, cultural, archaeological,'';
       (8) by striking ``and'' after the semicolon in paragraph 
     (8);
       (9) by striking ``Magnuson Fishery Conservation and 
     Management Act.'' in paragraph (9) and inserting ``Magnuson-
     Stevens Act;''; and
       (10) by adding at the end thereof the following:
       ``(10) `system' means the National Marine Sanctuary System 
     established by section 303; and
       ``(11) `person' has the meaning given that term by section 
     1 of title 1, United States Code, but includes a department, 
     agency, and instrumentality of the government of the United 
     States, a State, or a foreign Nation.''.

     SEC. 5. CHANGES IN SANCTUARY DESIGNATION STANDARDS.

       Section 303 (16 U.S.C. 1433) is amended--
       (1) by striking the section caption and inserting the 
     following:

     SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

       (2) by striking subsection (a) and inserting the following:
       ``(a) Establishment of System.--There is established the 
     National Marine Sanctuary System, which shall consist of 
     national marine sanctuaries designated by the Secretary in 
     accordance with this title.'';
       (3) by striking paragraph (3) of subsection (b), and 
     redesignating paragraphs (1) and (2) as paragraphs (2) and 
     (3);
       (4) by striking so much of subsection (b) as precedes 
     paragraph (2), as redesignated, and inserting the following:
       ``(b) Sanctuary Designation Standards.--
       ``(1) In General.--Before designating an area of the marine 
     environment as a national marine sanctuary, the Secretary 
     shall find that--
       ``(A) the area is of special national significance due to 
     its--
       ``(i) biodiversity;
       ``(ii) ecological importance;
       ``(iii) archaeological, cultural, or historical importance; 
     or
       ``(iv) human-use values;
       ``(B) existing State and Federal authorities should be 
     supplemented to ensure coordinated and comprehensive 
     conservation and management of the area, including resource 
     protection, scientific research, and public education;
       ``(C) designation of the area as a national marine 
     sanctuary will facilitate the objectives in subparagraph (B); 
     and
       ``(D) the area is of a size and nature that will permit 
     comprehensive and coordinated conservation and management.'';
       (5) by striking ``subsection (a)'' in paragraph (2), as 
     redesignated, and inserting ``paragraph (1)'';
       (6) by redesignating subparagraphs (E) through (I) of 
     paragraph (2), as redesignated, as paragraphs (F) through 
     (J), and inserting after paragraph (D) the following:
       ``(E) the areas's scientific value and value for monitoring 
     as a special area of the marine environment;'';
       (7) by redesignating subparagraphs (H), (I), and (J), as 
     redesignated, as subparagraphs (I), (J), and (K) and by 
     inserting after subparagraph (G), as redesignated, the 
     following:
       ``(H) the feasibility, where appropriate, of employing 
     innovative management approaches to protect sanctuary 
     resources or to manage compatible uses;'';
       (8) by striking ``vital habitats, and resources which 
     generate tourism;'' in subparagraph (I), as redesignated, and 
     inserting ``and vital habitats;'';
       (9) by redesignating subparagraphs (J) and (K) as 
     subparagraphs (K) and (L), and inserting after subparagraph 
     (I) the following:
       ``(J) the value of the area as an addition to the 
     System;''; and
       (10) by striking ``Merchant Marine and Fisheries'' in 
     subparagraph (A) of paragraph (3), as redesignated, and 
     inserting ``Resources'';
       (11) by inserting after ``Administrator'' in subparagraph 
     (B) of paragraph (3), as redesignated the following: ``of the 
     Environmental Protection Agency,''; and
       (12) by adding at the end of subsection (b) the following:
       ``(4) Required findings.--
       ``(A) New designations.--Before beginning the designation 
     process for any sanctuary that is not a designated sanctuary 
     before January 1, 2000, the Secretary shall make, and submit 
     to the Congress, a finding that each designated sanctuary 
     has--
       ``(i) an operational level of facilities, equipment, and 
     employees;
       ``(ii) a list of priorities it considers most urgent and a 
     strategy to address those priorities;
       ``(iii) a plan and schedule to complete site 
     characterization studies to inventory existing sanctuary 
     resources, including cultural resources; and
       ``(iv) a plan for enforcement of the Act within its 
     boundaries, including partnerships with adjacent States or 
     other authorities.
       ``(B) Exception.--Subparagraph (A) does not apply to any 
     draft management plan, draft environmental impact statement, 
     or proposed regulation for a Thunder Bay National Marine 
     Sanctuary.''.

     SEC. 6. CHANGES IN PROCEDURES FOR DESIGNATION AND 
                   IMPLEMENTATION.

       (a) Changes in Notice Requirements.--Section 304(a) (16 
     U.S.C. 1434(a)) is amended--
       (1) by striking paragraph (1)(C) and inserting the 
     following:
       ``(C) on the same day the notice required by subparagraph 
     (A) is submitted to the Office of the Federal Register, the 
     Secretary shall submit a copy of the notice and the draft 
     sanctuary designation documents prepared under paragraph (2) 
     to the Committee on Resources of the House of Representatives 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate.'';
       (2) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), and inserting the following after 
     paragraph (1):
       ``(2) Sanctuary designation documents.--The Secretary shall 
     prepare sanctuary designation documents on the proposal that 
     include the following:
       ``(A) A draft environmental impact statement under 
     paragraph (3).
       ``(B) A management plan document, which the Secretary shall 
     make available to the public, containing--
       ``(i) the terms of the proposed designation;
       ``(ii) proposed mechanisms to coordinate existing 
     regulatory and management authorities within the area;
       ``(iii) the proposed goals and objectives, management 
     responsibilities, resource studies, and appropriate 
     strategies for managing sanctuary resources, including 
     innovative approaches such as marine zoning, interpretation 
     and education, research, monitoring and assessment, resource 
     protection, restoration, and enforcement (including 
     surveillance activities for the area);
       ``(iv) an evaluation of the advantages of cooperative State 
     and Federal management if all or part of a proposed marine 
     sanctuary is within the territorial limits of a State, or is 
     superjacent to the subsoil and seabed within the seaward 
     boundary of a State (as established under the Submerged Lands 
     Act (43 U.S.C. 1301 et seq.);
       ``(v) an estimate of the annual cost to the Federal 
     government of the proposed designation, including costs of 
     personnel, equipment and facilities, enforcement, research, 
     and public education; and
       ``(vi) the regulations proposed under paragraph (1)(A).
       ``(C) Maps depicting the boundaries of the proposed 
     sanctuary.
       ``(D) A statement of the basis for the findings made under 
     section 303(b)(2).
       ``(E) An assessment of the considerations under section 
     303(b)(1).
       ``(F) A resource assessment that includes--
       ``(i) present and potential uses of the area, including 
     commercial and recreational fishing, research and education, 
     minerals and energy development, subsistence uses, and other 
     commercial, governmental, or recreational uses;
       ``(ii) a discussion, prepared after consultation with the 
     Secretary of the Interior, of any commercial, governmental, 
     or recreational resource uses in the areas that are subject 
     to the primary jurisidiction of the Department of the 
     Interior; and
       ``(iii) information prepared in consultation with the 
     Secretary of Defense, the Secretary of Energy, and the 
     Administrator of the Environmental Protection Agency, on any 
     past, present, or proposed future disposal or discharge of 
     materials in the vicinity of the proposed sanctuary.''.
       (b) Other Notice-related Changes.--Section 304(a) (16 
     U.S.C. 1434(a)) is further amended--
       (1) by striking ``as provided by'' in subparagraph (A) of 
     paragraph (3), as redesignated, and inserting ``under'';
       (2) by inserting ``cultural, archaeological,'' after 
     ``educational,'' in paragraph (4), as redesignated;
       (3) by striking ``only by the same procedures by which the 
     original designation is made.'' in paragraph (4), as 
     redesignated, and inserting ``by following the applicable 
     procedures of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and chapter 5 of title 5, United 
     States Code.'';
       (4) by inserting ``this Act and'' after ``objectives of'' 
     in the second sentence of paragraph (6), as redesignated; and
       (5) by striking ``Merchant Marine and Fisheries Resources'' 
     in paragraph (7), as redesignated, and inserting 
     ``Resources''.
       (c) Other Changes.--Section 304 (16 U.S.C. 1434) is 
     amended--
       (1) by inserting ``or the national system'' in subsection 
     (b)(2) after ``sanctuary'';
       (2) by striking ``management techniques,'' in subsection 
     (e) and inserting ``management techniques and strategies,''; 
     and

[[Page S10225]]

       (3) by striking ``title.'' in subsection (e) and inserting 
     ``title. This review shall include a prioritization of 
     management objectives.''

     SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

       Section 306 (16 U.S.C. 1436) is amended--
       (1) by striking ``sell,'' in paragraph (2) and inserting 
     ``offer for sale, sell, purchase, import, export,''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) interfere with the enforcement of this title by--
       ``(A) refusing to permit any authorized officer to board a 
     vessel, other than a vessel operated by the Department of 
     Defense or United States Coast Guard, subject to such 
     person's control for the purpose of conducting a search or 
     inspection in connection with the enforcement of this title;
       ``(B) assaulting, resisting, opposing, impeding, 
     intimidating, or interfering with any authorized officer in 
     the conduct of any search or inspection under this title;
       ``(C) submitting false information to the Secretary or any 
     officer authorized by the Secretary in connection with any 
     search or inspection under this title; or
       ``(D) assaulting, resisting, opposing, impeding, 
     intimidating, harassing, bribing, or interfering with any 
     person authorized by the Secretary to implement the 
     provisions of this title; or''.

     SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

       Section 307 (16 U.S.C. 1437) is amended--
       (1) by redesignating paragraphs (1) through (5) of 
     subsection (b) as paragraphs (2) through (6), and inserting 
     before paragraph (2) the following:
       ``(1) arrest any person, if there is reasonable cause to 
     believe that the person has committed an act prohibited by 
     section 306(3);'';
       (2) by redesignating subsections (c) through (j) as 
     subsections (d) through (k), and inserting after subsection 
     (b) the following:
       ``(c) Criminal Offenses.--
       ``(1) In general.--Violation of section 306(3) is 
     punishable by a fine under title 18, United States Code, 
     imprisonment for not more than 6 months, or both.
       ``(2) Aggrevated Violations.--If a person in the course of 
     violating section 306(3)--
       ``(A) uses a dangerous weapon,
       ``(B) causes bodily injury to any person authorized to 
     enforce this title or to implement its provisions, or
       ``(C) causes such a person to fear imminent bodily injury,
     then the violation is punishable by a fine under title 18, 
     United States Code, imprisonment for not more than 10 years, 
     or both.'';
       (3) by redesignating subsections (e) through (k), as 
     redesignated, as subsections (f) through (l), respectively, 
     and by inserting after subsection (d), as redesignated, the 
     following:
       ``(e) Judicial Civil Penalties.--The Secretary may bring an 
     action to access and collect any civil penalty for which a 
     person is liable under paragraph (d)(1) in the United States 
     district court for the district in which the person from whom 
     the penalty is sought resides, in which such person's 
     principal place of business is located, or where the incident 
     giving rise to civil penalties under this section 
     occurred.'';
       (4) by inserting ``electronic files,'' after ``books,'' in 
     subsection (h), as redesignated; and
       (5) by redesignating subsections (i) through (l), as 
     designated, as subsections (j) through (m), and by inserting 
     after subsection (h), as redesignated, the following:
       ``(i) Nationwide Service of Process.--In any action by the 
     United States under this chapter, process may be served in 
     any district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process.''.

     SEC. 9. ADDITIONAL REGULATIONS AUTHORITY ADDED.

       Section 308 (16 U.S.C. 1439) is amended to read as follows:

     ``SEC. 308. REGULATIONS AND SEVERABILITY.''

       ``(a) Regulations.--The Secretary may issue such 
     regulations as may be necessary to carry out this title.
       ``(b) Severability.--If any provision of this title, or the 
     application thereof to any person or circumstance, is held 
     invalid, the validity of the remainder of this title and of 
     the application of that provision to other persons and 
     circumstances shall not be affected.''.

     SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION 
                   PROVISIONS.

       Section 309 (16 U.S.C. 1440) is amended to read as follows:

     ``SEC. 309. RESEARCH, MONITORING, AND EDUCATION PROGRAMS AND 
                   INTERPRETIVE FACILITIES.

       ``(a) In General.--The Secretary shall conduct, support, or 
     coordinate research, monitoring, evaluation, and education 
     programs necessary and reasonable to carry out the purposes 
     and policies of this title.
       ``(b) Research and Monitoring.--The Secretary may support, 
     promote, and coordinate appropriate research on, and long-
     term monitoring of, the resources and human uses of marine 
     sanctuaries, as is consistent with the purposes and policies 
     of this title. In carrying out this subsection the Secretary 
     may consult with Federal agencies, States, local governments, 
     regional agencies, interstate agencies, or other persons, and 
     coordinate with the National Estuarine Research Reserve 
     System.
       ``(c) Education and Interpretive Facilities.--The Secretary 
     may establish facilities or displays--
       ``(1) to promote national marine sanctuaries and the 
     purposes and policies of this title; and
       ``(2) either solely or in partnership with other persons, 
     under an agreement under section 311.''.

     SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

       Section 310 (16 U.S.C. 1441) is amended--
       (1) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), and by inserting after 
     subsection (a) the following:
       ``(b) Public Notice Required.--The Secretary shall provide 
     appropriate public notice before identifying any activity 
     subject to a special use permit under subsection (a).'';
       (2) by striking ``insurance'' in paragraph (4) of 
     subsection (c), as redesignated, and inserting ``insurance, 
     or post an equivalent bond,'';
       (3) by striking ``resource and a reasonable return to the 
     United States Government.'' in paragraph (2)(C) of subsection 
     (d), as redesignated, and inserting ``resource.'';
       (4) by redesignating paragraph (3) of subsection (d), as 
     redesignated, as paragraph (4), and by inserting after 
     paragraph (2) thereof the following:
       ``(3) Waiver or reduction of fees.--The Secretary may waive 
     or reduce fees under this subsection, or accept in-kind 
     contributions in lieu of fees under this subsection, for 
     activities that do not derive profit from the access to and 
     use of sanctuary resources or that the Secretary considers to 
     be beneficial to the system.''; and
       (5) by striking ``designating and'' in paragraph (4)(B) of 
     subsection (d), as redesignated.

     SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

       Section 311 (16 U.S.C. 1442) is amended--
       (1) by adding at the end of subsection (a) the following: 
     ``Notwithstanding any other provision of law to the contrary, 
     the Secretary may apply for, accept, and use grants from 
     Federal agencies, States, local governments, regional 
     agencies, interstate agencies, foundations, or other persons, 
     to carry out the purposes and policies of this title.''; and
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), and inserting after subsection 
     (a) the following:
       ``(b) Use of State and Federal Agency Resources.--The 
     Secretary may, whenever appropriate, use by agreement the 
     personnel, services, or facilities of departments, agencies, 
     and instrumentalities of the government of the United States 
     or of any State or political subdivision thereof on a 
     reimbursable or non-reimbursable basis to assist in carrying 
     out the purposes and policies of this title.''.

     SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, 
                   OR INJURY.

       (a) Liability.--Section 312 (16 U.S.C. 1443(a)) is 
     amended--
       (1) by striking ``used to destroy, cause the loss of, or 
     injure'' in subsection (a)(2) and inserting ``that destroys, 
     causes the loss of, or injures'';
       (2) by inserting ``or vessel'' after ``person'' in 
     subsection (a)(4);
       (3) by inserting ``(as defined in section 302(11))'' after 
     ``damages'' in subsection (b)(2);
       (4) by striking ``vessel who'' in subsection (c) and 
     inserting ``vessel that'';
       (5) by striking ``person may'' in subsection (c) and 
     inserting ``person or vessel may'';
       (6) by inserting ``by the Secretary'' after ``used'' in 
     subsection (d); and
       (7) by adding at the end of subsection (d) the following:
       ``(4) Statute of limitations.--An action for response costs 
     and damages under subsection (c) may not be brought more than 
     2 years after the date of completion of the relevant damage 
     assessment and restoration plan prepared by the Secretary.''.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       Section 313 (16 U.S.C. 1444) is amended by striking 
     paragraphs (1), (2), and (3) and inserting the following:
       ``(1) $30,000,000 for fiscal year 2000;
       ``(2) $32,000,000 for fiscal year 2001;
       ``(3) $34,000,000 for fiscal year 2002;
       ``(4) $36,000,000 for fiscal year 2003; and
       ``(5) $38,000,000 for fiscal year 2004.''.

     SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS.

       Section 314 (16 U.S.C. 1445) is amended by striking 
     subsection (b) and redesignating subsection (c) as subsection 
     (b).

     SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

       Section 315 (16 U.S.C. 1446) is amended by striking 
     ``provide assistance'' in subsection (a) and inserting 
     ``advise and make recommendations''.

     SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

       Section 316 (16 U.S.C. 1447) is amended--
       (1) by striking ``use'' in subsection (a)(4) and inserting 
     ``manufacture, reproduction, or other use'';
       (2) by striking ``sanctuaries;'' in subsection (a)(4) and 
     inserting ``sanctuaries or by persons that enter cooperative 
     agreements with the Secretary under subsection (f);'';
       (3) by striking ``symbols'' in subsection (a)(6) and 
     inserting ``symbols, including sale of items bearing the 
     symbols,'';

[[Page S10226]]

       (4) striking ``Secretary; and'' in paragraph (3) of 
     subsection (f), as redesignated, and inserting ``Secretary, 
     or without prior authorization under subsection (a)(4); or''; 
     and
       (5) by adding at the end thereof the following:
       ``(f) Authorization for Non-profit Organization To Solicit 
     Sponsors.--
       ``(1) In general.--The Secretary may enter into an 
     agreement with a non-profit organization authorizing it to 
     assist in the administration of the sponsorship program 
     established under this section. Under an agreement entered 
     into under this paragraph, the Secretary may authorize the 
     non-profit organization to solicit persons to be official 
     sponsors of the national marine sanctuary program or of 
     individual national marine sanctuaries, upon such terms as 
     the Secretary deems reasonable and will contribute to the 
     successful administration of the sanctuary system. The 
     Secretary may also authorize the non-profit organization to 
     collect the statutory contribution from the sponsor, and, 
     subject to paragraph (2), transfer the contribution to the 
     Secretary.
       ``(2) Reimbursement for administrative costs.--Under the 
     agreement entered into under paragraph (1), the Secretary may 
     authorize the non-profit organization to retain not more than 
     5 percent of the amount of monetary contributions it receives 
     from official sponsors under the agreement to offset the 
     administrative costs of the organization in soliciting 
     sponsors.''.
                                 ______