[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[House]
[Pages H8410-H8416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  SANCTUARIES AND RESERVES ACT OF 1999

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1243) to reauthorize the National Marine Sanctuaries Act, as 
amended.
  The Clerk read as follows:

                               H.R. 1243

       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 ``Sanctuaries and Reserves Act 
     of 1999''.

                  TITLE I--NATIONAL MARINE SANCTUARIES

     SEC. 101. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

       Except as otherwise expressly provided, whenever in this 
     title 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 the National Marine Sanctuaries Act (16 
     U.S.C. 1431 et seq.).

     SEC. 102. FINDINGS; PURPOSES AND POLICIES.

       (a) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is 
     amended--
       (1) in paragraph (2) by inserting ``cultural, 
     archaeological,'' after ``educational,'';
       (2) in paragraph (4) by inserting ``as national marine 
     sanctuaries'' after ``environment'';
       (3) in paragraph (5) by inserting ``of national marine 
     sanctuaries managed as the National Marine Sanctuary System'' 
     after ``program''; and
       (4) in paragraph (6) by striking ``special areas'' and 
     inserting ``national marine sanctuaries''.
       (b) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431) 
     is amended--
       (1) in paragraph (1) by inserting before the semicolon at 
     the end the following: ``, and to manage these areas as the 
     National Marine Sanctuary System''; and
       (2) in paragraph (4) by inserting before the semicolon at 
     the end the following: ``and of the natural, historical, 
     cultural, and archaeological resources of the National Marine 
     Sanctuary System''.

      SEC. 103. DEFINITIONS.

       Section 302 (16 U.S.C. 1432) is amended as follows:
       (1) Paragraph (2) is amended by striking ``Magnuson 
     Fishery'' and inserting ``Magnuson-Stevens Fishery'';
       (2) Paragraph (6) is amended by striking ``and'' after the 
     semicolon at the end of subparagraph (B), and by adding after 
     subparagraph (C) the following:
       ``(D) the cost of curation and conservation of 
     archaeological, historical, and cultural sanctuary resources; 
     and
       ``(E) the cost of enforcement actions undertaken by the 
     Secretary for the destruction or loss of, or injury to, a 
     sanctuary resource;''.
       (3) Paragraph (7) is amended by inserting ``, including 
     costs related to seizure, forfeiture, storage, or disposal 
     arising from liability under section 312'' after ``injury'' 
     the second place it appears.
       (4) In paragraph (8) by inserting ``cultural, 
     archaeological,'' after ``educational,''.
       (5) In paragraph (9) by striking ``Fishery Conservation and 
     Management''.
       (6) By striking ``and'' after the semicolon at the end of 
     paragraph (8), by striking the period at the end of paragraph 
     (9) and inserting a semicolon, and by adding at the end the 
     following:
       ``(10) `person' means any individual (whether or not a 
     citizen or national of the United States), any corporation, 
     partnership, association, or other entity (whether or not 
     organized or existing under the laws of any State), and any 
     Federal, State, local, or foreign government or any entity of 
     any such government; and
       ``(11) `System' means the National Marine Sanctuary System 
     established by section 303.''.

     SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANCTUARY SYSTEM; 
                   SANCTUARY DESIGNATION STANDARDS.

       (a) Establishment of National Marine Sanctuary System.--
     Section 303 (16 U.S.C. 1433(a)) is amended by striking the 
     heading for the section and all that follows through ``(a) 
     Standards.--'' and inserting before the remaining matter of 
     subsection (a) the following:

     ``SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

       ``(a) Establishment of System; Sanctuary Designation 
     Standards.--There is established the National Marine 
     Sanctuary System, which shall consist of national marine 
     sanctuaries designated by the Secretary in accordance with 
     this title.''.
       (b) Sanctuary Designation Standards.--Section 303(b)(1) (16 
     U.S.C. 1433(b)(1)) is amended by striking ``and'' at the end 
     of subparagraph (H), by striking the period at the end of 
     subparagraph (I) and inserting a semicolon, and by adding at 
     the end the following:
       ``(J) the area's value as a site for marine resources 
     monitoring and assessment activities; and
       ``(K) the value of the area as an addition to the 
     System.''.
       (c) Repeal.--Section 303(b)(3) (16 U.S.C. 1433)(3))is 
     repealed.

     SEC. 105. PROCEDURES FOR SANCTUARY DESIGNATION AND 
                   IMPLEMENTATION.

       (a) Submission of Notice of Proposed Designation to 
     Congress.--Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is 
     amended to read as follows:
       ``(C) no later than the day on which the notice required 
     under subparagraph (A) is submitted to Office of the Federal 
     Register, the Secretary shall submit a copy of that notice 
     and the draft sanctuary designation documents prepared 
     pursuant to section 304(a)(2), including an executive 
     summary, to the Committee on Resources of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Governor of each State 
     in which any part of the proposed sanctuary would be 
     located.''.
       (b) Sanctuary Designation Documents.--
       (1) In general.--Section 304(a)(2) (16 U.S.C. 1434(a)(2)) 
     is amended to read as follows:
       ``(2) Sanctuary designation documents.--The Secretary shall 
     prepare and make available to the public sanctuary 
     designation documents on the proposal that include the 
     following:
       ``(A) A draft environmental impact statement pursuant to 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(B)(i) A resource assessment report documenting present 
     and potential uses of the area proposed to be designated as a 
     national marine sanctuary, including commercial and 
     recreational fishing, research and education, minerals and 
     energy development, subsistence uses, and other commercial, 
     governmental, or recreational uses.
       ``(ii) The Secretary, in consultation with the Secretary of 
     the Interior, shall draft and include in the report a 
     resource assessment section regarding any commercial, 
     governmental, or recreational resource uses in the area under 
     consideration that are subject to the primary jurisdiction of 
     the Department of the Interior.
       ``(iii) The Secretary, in consultation with the Secretary 
     of Defense, the Secretary of Energy, and the Administrator, 
     shall draft and include in the report a resource assessment 
     section that includes any information on past, present, or 
     proposed future disposal or discharge of materials in the 
     vicinity of the area proposed to be designated as a national 
     marine sanctuary. Public disclosure by the Secretary of such 
     information shall be consistent with national security 
     regulations.
       ``(C) A draft management plan for the proposed national 
     marine sanctuary that includes the following:
       ``(i) The terms of the proposed designation.
       ``(ii) Proposed mechanisms to coordinate existing 
     regulatory and management authorities within the proposed 
     sanctuary.
       ``(iii) The proposed goals and objectives, management 
     responsibilities, resource studies, and appropriate 
     strategies for managing sanctuary resources of the proposed 
     sanctuary, including interpretation and education, research, 
     monitoring and assessment, resource protection, restoration, 
     enforcement, and surveillance activities.
       ``(iv) An evaluation of the advantages of cooperative State 
     and Federal management if all or part of the proposed 
     sanctuary is within the territorial limits of any State or is 
     superjacent to the subsoil and seabed within the seaward 
     boundary of a State, as that boundary is established under 
     the Submerged Lands Act (43 U.S.C. 1301 et seq.).
       ``(v) The proposed regulations referred to in paragraph 
     (1)(A).
       ``(D) Maps depicting the boundaries of the proposed 
     sanctuary.
       ``(E) The basis of the findings made under section 
     303(a)(2) with respect to the area.
       ``(F) An assessment of the considerations under section 
     303(b)(1).
       ``(G) 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.''.
       (2) Conforming amendment.--Section 302(1) (16 U.S.C. 
     1432(1)) is amended by striking ``304(a)(1)(C)(v)'' and 
     inserting ``304(a)(2)(C)''.
       (c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 
     1434(a)(4)) is amended in the first sentence by inserting 
     ``cultural, archaeological,'' after ``educational,''.
       (d) Withdrawal of Designation.--Section 304(b)(2) (16 
     U.S.C. 1434(b)(2)) is amended by inserting ``or System'' 
     after ``sanctuary'' the second place it appears.
       (e) Federal Agency Actions Affecting Sanctuary Resources.--
     Section 304(d) (16 U.S.C. 1434(d)) is amended by adding at 
     the end the following:
       ``(4) Failure to follow alternative.--If the head of a 
     Federal agency takes an action other than an alternative 
     recommended by the Secretary and such action results in the 
     destruction or loss of or injury to a sanctuary resource, the 
     head of the agency shall promptly prevent and mitigate 
     further damage and restore or replace the sanctuary resource 
     in a manner approved by the Secretary.''.

[[Page H8411]]

       (f) Limitation on Designation of New Sanctuaries.--Section 
     304 (16 U.S.C. 1434) is amended by adding at the end the 
     following:
       ``(f) Limitation on Designation of New Sanctuaries.--
       ``(1) Funding required.--The Secretary may not prepare any 
     sanctuary designation documents for a proposed designation of 
     a national marine sanctuary, unless the Secretary has 
     published a finding that--
       ``(A) the addition of a new sanctuary will not have a 
     negative impact on the System; and
       ``(B) sufficient resources were available in the fiscal 
     year in which the finding is made to--
       ``(i) effectively implement sanctuary management plans for 
     each sanctuary in the System; and
       ``(ii) complete site characterization studies and inventory 
     known sanctuary resources, including cultural resources, for 
     each sanctuary in the System within 10 years after the date 
     that the finding is made if the resources available for those 
     activities are maintained at the same level for each fiscal 
     year in that 10-year period.
       ``(2) Limitation on application.--Paragraph (1) does not 
     apply to any sanctuary designation documents for a Thunder 
     Bay National Marine Sanctuary.''.

     SEC. 106. PROHIBITED ACTIVITIES.

       Section 306 (16 U.S.C. 1436) is amended--
       (1) in the matter preceding paragraph (1) by inserting 
     ``for any person'' after ``unlawful'';
       (2) in paragraph (2) by inserting ``offer for sale, 
     purchase, import, export,'' after ``sell,''; and
       (3) by amending paragraph (3) to read as follows:
       ``(3) interfere with the enforcement of this title by--
       ``(A) refusing to permit any officer authorized to enforce 
     this title to board a vessel subject to such person's control 
     for the purposes of conducting any search or inspection in 
     connection with the enforcement of this title;
       ``(B) forcibly assaulting, resisting, opposing, impeding, 
     intimidating, or interfering with any person authorized by 
     the Secretary to implement this title or any such authorized 
     officer in the conduct of any search or inspection performed 
     under this title; or
       ``(C) knowingly and willfully submitting false information 
     to the Secretary or any officer authorized to enforce this 
     title in connection with any search or inspection conducted 
     under this title; or''.

     SEC. 107. ENFORCEMENT.

       (a) Powers of Authorized Officers To Arrest.--Section 
     307(b) (16 U.S.C. 1437(b)) is amended by striking ``and'' 
     after the semicolon at the end of paragraph (4), by striking 
     the period at the end of paragraph (5) and inserting ``; 
     and'', and by adding at the end the following:
       ``(6) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 306(3).''.
       (b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is 
     amended by redesignating subsections (c) through (j) in order 
     as subsections (d) through (k), and by inserting after 
     subsection (b) the following:
       ``(c) Criminal Offenses.--
       ``(1) Offenses.--A person is guilty of an offense under 
     this subsection if the person commits any act prohibited by 
     section 306(3).
       ``(2) Punishment.--Any person that is guilty of an offense 
     under this subsection--
       ``(A) except as provided in subparagraph (B), shall be 
     fined under title 18, United States Code, imprisoned for not 
     more than 6 months, or both; or
       ``(B) in the case a person who in the commission of such an 
     offense uses a dangerous weapon, engages in conduct that 
     causes bodily injury to any person authorized to enforce this 
     title or any person authorized to implement the provisions of 
     this title, or places any such person in fear of imminent 
     bodily injury, shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.''.
       (c) Subpoenas of Electronic Files.--Subsection (g) of 
     section 307 (16 U.S.C. 1437), as redesignated by this 
     section, is amended by inserting ``electronic files,'' after 
     ``books,''.

     SEC. 108. RESEARCH, MONITORING, AND EDUCATION.

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

     ``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

       ``(a) In General.--The Secretary shall conduct, support, 
     and coordinate research, monitoring, and education programs 
     consistent with subsections (b) and (c) and the purposes and 
     policies of this title.
       ``(b) Research and Monitoring.--
       ``(1) In general.--The Secretary may--
       ``(A) support, promote, and coordinate research on, and 
     long-term monitoring of, sanctuary resources and natural 
     processes that occur in national marine sanctuaries, 
     including exploration, mapping, and environmental and 
     socioeconomic assessment;
       ``(B) develop and test methods to enhance degraded habitats 
     or restore damaged, injured, or lost sanctuary resources; and
       ``(C) support, promote, and coordinate research on the 
     cultural, archaeological, and historical resources of 
     national marine sanctuaries.
       ``(2) Availability of results.--The results of research and 
     monitoring conducted or supported by the Secretary under this 
     subsection shall be made available to the public.
       ``(c) Education.--
       ``(1) In general.--The Secretary may support, promote, and 
     coordinate efforts to enhance public awareness, 
     understanding, and appreciation of national marine 
     sanctuaries. Efforts supported, promoted, or coordinated 
     under this subsection must emphasize the conservation goals 
     and public uses of national marine sanctuaries.
       ``(2) Educational activities.--Activities under this 
     subsection may include education of the general public, 
     teachers, students, national marine sanctuary users, and 
     ocean and coastal resource managers.
       ``(d) Interpretive Facilities.--
       ``(1) In general.--The Secretary may develop interpretive 
     facilities near any national marine sanctuary.
       ``(2) Facility requirement.--Any facility developed under 
     this subsection must emphasize the conservation goals and 
     public uses of national marine sanctuaries by providing the 
     public with information about the natural, biological, 
     ecological, and social functions and values of the national 
     marine sanctuary, including its public uses.
       ``(e) Consultation and Coordination.--In conducting, 
     supporting, and coordinating research, monitoring, and 
     education programs under subsection (a) and developing 
     interpretive facilities under subsection (d), the Secretary 
     may consult or coordinate with Federal agencies, States, 
     local governments, regional agencies, or other persons, 
     including the National Estuarine Reserve System.''.

     SEC. 109. SPECIAL USE PERMITS.

       Section 310 (16 U.S.C. 1441) is amended--
       (1) in subsection (b)(4), by inserting ``, or post an 
     equivalent bond,'' after ``general liability insurance'';
       (2) by amending subsection (c)(2)(C) to read as follows:
       ``(C) an amount that represents the fair market value of 
     the use of the sanctuary resources.'';
       (3) in subsection (c)(3)(B), by striking ``designating 
     and'';
       (4) in subsection (c) by inserting after paragraph (3) the 
     following:
       ``(4) Waiver or reduction of fees.--The Secretary may 
     accept in-kind contributions in lieu of a fee under paragraph 
     (2)(C), or waive or reduce any fee assessed under this 
     subsection for any activity that does not derive profit from 
     the use of sanctuary resources.''; and
       (5) by amending subsection (e) to read as follows:
       ``(e) Notice.--The Secretary shall provide public notice of 
     any determination that a category of activity may require a 
     special use permit under this section.''.

     SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.

       (a) Agreements and Grants.--Section 311(a) (16 U.S.C. 
     1442(a)) is amended to read as follows:
       ``(a) Agreements and Grants.--The Secretary may enter into 
     cooperative agreements, contracts, or other agreements with, 
     or make grants to, States, local governments, regional 
     agencies, interstate agencies, or other persons to carry out 
     the purposes and policies of this title.''.
       (b) Use of Resources From Other Government Agencies.--
     Section 311 (16 U.S.C. 1442) is amended by adding at the end 
     the following:
       ``(e) Use of Resources of Other Government Agencies.--The 
     Secretary may, whenever appropriate, enter into an agreement 
     with a State or other Federal agency to use the personnel, 
     services or facilities of such agency on a reimbursable or 
     non-reimbursable basis, to assist in carrying out the 
     purposes and policies of this title.
       ``(f) Authority To Obtain Grants.--Notwithstanding any 
     other provision of law that prohibits a Federal agency from 
     receiving assistance, the Secretary may apply for, accept, 
     and use grants from other Federal agencies, States, local 
     governments, regional agencies, interstate agencies, 
     foundations, or other persons, to carry out the purposes and 
     policies of this title.''.

     SEC. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANCTUARY 
                   RESOURCES.

       (a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 
     1443(c)) is amended--
       (1) by inserting ``(1)'' before the first sentence;
       (2) in paragraph (1) (as so designated) in the first 
     sentence by striking ``in the United States district court 
     for the appropriate district''; and
       (3) by adding at the end the following:
       ``(2) An action under this subsection may be brought in the 
     United States district court for any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel; or
       ``(C) the destruction of, loss of, or injury to a sanctuary 
     resource occurred.''.
       (b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 
     1443(d)) is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) Response costs.--Amounts recovered by the United 
     States for costs of response actions and damage assessments 
     under this section shall be used, as the Secretary considers 
     appropriate--
       ``(A) to reimburse the Secretary or any other Federal or 
     State agency that conducted those activities; and
       ``(B) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any sanctuary resource.
       ``(2) Other amounts.--All other amounts recovered shall be 
     used, in order of priority--

[[Page H8412]]

       ``(A) to restore, replace, or acquire the equivalent of the 
     sanctuary resources that were the subject of the action, 
     including for costs of monitoring and the costs of curation 
     and conservation of archaeological, historical, and cultural 
     sanctuary resources;
       ``(B) to restore degraded sanctuary resources of the 
     national marine sanctuary that was the subject of the action, 
     giving priority to sanctuary resources and habitats that are 
     comparable to the sanctuary resources that were the subject 
     of the action; and
       ``(C) to restore degraded sanctuary resources of other 
     national marine sanctuaries.''.
       (c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) 
     is amended by adding at the end the following:
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed within 3 years after the date on which the 
     Secretary completes a damage assessment and restoration plan 
     for the sanctuary resources to which the action relates.''.

     SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

       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--
       ``(1) to carry out this title, $26,000,000 for each of 
     fiscal years 2000, 2001, 2002, 2003, and 2004; and
       ``(2) for construction projects at national marine 
     sanctuaries, $3,000,000 for each of fiscal years 2000, 2001, 
     2002, 2003, and 2004.''.

     SEC. 113. ADVISORY COUNCILS.

       Section 315(a) (16 U.S.C. 1445a(a)) is amended by striking 
     ``provide assistance to'' and inserting ``advise''.

     SEC. 114. USE OF NATIONAL MARINE SANCTUARY PROGRAM SYMBOLS.

       Section 316 (16 U.S.C. 1445b) is amended--
       (1) in subsection (a)(4) by striking ``use of any symbol 
     published under paragraph (1)'' and inserting ``manufacture, 
     reproduction, or other use of any symbol published under 
     paragraph (1), including the sale of items bearing such a 
     symbol,'';
       (2) by amending subsection (e)(3) to read as follows:
       ``(3) to manufacture, reproduce, or otherwise use any 
     symbol adopted by the Secretary under subsection (a)(1), 
     including to sell any item bearing such a symbol, unless 
     authorized by the Secretary under subsection (a)(4) or 
     subsection (f); or''; and
       (3) by adding at the end the following:
       ``(f) Collaborations.--The Secretary may authorize the use 
     of a symbol adopted by the Secretary under subsection (a)(1) 
     by any person engaged in a collaborative effort with the 
     Secretary to carry out the purposes and policies of this 
     title and to benefit a national marine sanctuary or the 
     System.''.

     SEC. 115. CLERICAL AMENDMENTS.

       (a) Correction of References to Former Committee.--The 
     following provisions are amended by striking ``Merchant 
     Marine and Fisheries'' and inserting ``Resources'':
       (1) Section 303(b)(2)(A) (16 U.S.C. 6 1433(b)(2)(A)).
       (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
       (3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
       (b) Correction of Reference to Renamed Act.--
       Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by 
     striking ``Fishery Conservation and Management''.
       (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 
     1443(a)(1)) is amended by striking ``United States'' and 
     inserting ``united states''.

                 TITLE II--NATIONAL ESTUARINE RESERVES

     SEC. 201. POLICIES.

       (a) Declaration of Policy.--Section 303 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1452) is amended by 
     striking ``and'' after the semicolon in paragraph (5), by 
     striking the period at the end of paragraph (6) and inserting 
     a semicolon, and by adding at the end the following:
       ``(7) to use Federal, State, and community partnerships 
     developed through the system established by section 315 to 
     improve the understanding, stewardship, and management of 
     coastal areas; and
       ``(8) to encourage the development, application, and 
     transfer to local, State, and Federal resources managers of 
     innovative coastal and estuarine resources management 
     technologies and techniques that promote the long-term 
     conservation of coastal and estuarine resources.''.

     SEC. 202. NATIONAL ESTUARINE RESERVE SYSTEM.

       Section 315 of such Act (16 U.S.C. 1461(b)) is amended to 
     read as follows:


                  ``national estuarine reserve system

       ``Sec. 315. (a) Establishment of the System.--(1) There is 
     established the National Estuarine Reserve System. The System 
     shall consist of--
       ``(A) each estuarine sanctuary designated under this 
     section as in effect before the date of the enactment of the 
     Coastal Zone Management Reauthorization Act of 1985; and
       ``(B) each estuarine area designated as a national 
     estuarine reserve under subsection (b).
       ``(2) The purpose of the System and of each national 
     estuarine reserve is to improve the understanding, 
     stewardship, and management of estuarine and coastal areas 
     through a network of areas protected by Federal, State, and 
     community partnerships that promotes informed management of 
     such areas through integrated programs in resource 
     stewardship, education and training, and scientific 
     understanding.
       ``(3) Each estuarine sanctuary referred to in paragraph 
     (1)(A) is hereby designated as a national estuarine reserve.
       ``(b) Designation of National Estuarine Reserves.--The 
     Secretary may designate an estuarine area as a national 
     estuarine reserve if--
       ``(1) the Government of the coastal state in which the area 
     is located nominates the area for that designation; and
       ``(2) the Secretary finds that--
       ``(A) the estuarine area is a representative estuarine 
     ecosystem that is suitable for long-term research and 
     contributes to the biogeographical and typological balance of 
     the System;
       ``(B) the law of the coastal state provides long-term 
     protection for reserve resources to ensure a stable 
     environment for research, education, and resource 
     stewardship;
       ``(C) designation of the area as a reserve will serve to 
     enhance public awareness and understanding of estuarine 
     areas, and provide suitable opportunities for education, 
     interpretation, training, and demonstration projects to 
     improve coastal management; and
       ``(D) the coastal state in which the area is located has 
     complied with the requirements of any regulations issued by 
     the Secretary to implement this section.
       ``(c) Estuarine Research, Education, and Resource 
     Stewardship Guidelines.--(1) The Secretary shall develop 
     guidelines for the conduct of research, education, and 
     resource stewardship within the System that shall include--
       ``(A) a mechanism for identifying, and establishing 
     priorities among, the coastal management issues that should 
     be addressed through coordinated research, education, and 
     resource stewardship within the System;
       ``(B) the establishment of common principles and objectives 
     to guide the development of research, education, and resource 
     stewardship programs within the Systems;
       ``(C) the identification of uniform research methodologies 
     which will ensure comparability of data, the broadest 
     application of research results, and the maximum use of the 
     System for research purposes;
       ``(D) the establishment of performance standards upon which 
     the effectiveness of the research, education, and resource 
     stewardship efforts and the value of reserves within the 
     System in addressing the coastal management issues identified 
     in subparagraph (A) may be measured; and
       ``(E) the consideration of sources of funds for estuarine 
     research, education, and resource stewardship in addition to 
     the funds authorized under this Act, and strategies for 
     encouraging the use of such funds within the System, with 
     particular emphasis on mechanisms established under 
     subsection (d).
       ``(2) In developing the guidelines under this section, the 
     Secretary shall consult with prominent members of the 
     estuarine research, education, and resource stewardship 
     community.
       ``(d) Promotion and Coordination of Estuarine Research, 
     Education, and Resource Stewardship.--(1) The Secretary shall 
     take such actions as are necessary to promote and coordinate 
     the use of the System for research, education, and resource 
     stewardship purposes.
       ``(2) Actions under this subsection shall include the 
     following:
       ``(A) Requiring that research, education, and resource 
     stewardship activities administered or supported by the 
     Secretary and relating to estuaries give priority 
     consideration to activities that use the System.
       ``(B) Consulting with other Federal and State agencies to 
     promote use of one or more reserves within the System by such 
     agencies when conducting estuarine research, education, and 
     resource stewardship activities.
       ``(C) Establishing partnerships with other Federal and 
     State estuarine management programs to coordinate and 
     collaborate on estuarine research, education, and resource 
     stewardship.
       ``(e) Financial Assistance.--(1) The Secretary may, in 
     accordance with such rules and regulations as the Secretary 
     shall promulgate, make grants--
       ``(A) to a coastal state--
       ``(i) for purposes of acquiring such lands and waters, and 
     any property interests therein, as are necessary to ensure 
     the appropriate long-term management of an area as a national 
     estuarine reserve,
       ``(ii) for purposes of operating or managing a national 
     estuarine reserve and constructing appropriate reserve 
     facilities, or
       ``(iii) for purposes of conducting educational or 
     interpretive activities; and
       ``(B) to any coastal state or public or private person for 
     purposes of supporting research and monitoring within a 
     national estuarine reserve that are consistent with the 
     research guidelines developed under subsection (c).
       ``(2) Financial assistance provided under paragraph (1) 
     shall be subject to such terms and conditions as the 
     Secretary considers necessary or appropriate to protect the 
     interests of the United States, including requiring coastal 
     states to execute suitable title documents setting forth the 
     property interest or interests of the United States in any 
     lands and waters acquired in whole or part with such 
     financial assistance.
       ``(3)(A) The amount of the financial assistance provided 
     under paragraph (1)(A)(i) with

[[Page H8413]]

     respect to the acquisition of lands and waters, or interests 
     therein, for any one national estuarine reserve may not 
     exceed an amount equal to 50 percent of the costs of the 
     lands, waters, and interests therein or $5,000,000, whichever 
     amount is less.
       ``(B)(i) Except as provided in clause (ii), the amount of 
     the financial assistance provided under paragraph (1)(A)(ii) 
     and paragraph (1)(B) may not exceed 70 percent of the costs 
     incurred to achieve the purposes described in those 
     paragraphs with respect to a reserve.
       ``(ii) The amount of financial assistance provided for 
     education and interpretive activities under paragraph 
     (1)(A)(iii) or research and monitoring activities under 
     paragraph (1)(B) may be up to 100 percent of any costs for 
     activities that service the System as a whole, including 
     System-wide monitoring equipment acquisition, data 
     management, and data synthesis, and administration and 
     synthesis of System-wide research programs.
       ``(C) Notwithstanding subparagraphs (A) and (B), financial 
     assistance under this subsection provided from amounts 
     recovered as a result of damage to natural resources located 
     in the coastal zone may be used to pay 100 percent of the 
     costs of activities carried out with the assistance.
       ``(4)(A) The Secretary may--
       ``(i) enter into cooperative agreements or contracts, with, 
     or make grants to, any nonprofit organization established to 
     benefit a national estuarine reserve, authorizing the 
     organization to solicit donations to carry out projects, 
     other than general administration of the reserve or the 
     System, that are consistent with the purpose of the reserve 
     and the System; and
       ``(ii) accept donations of funds and services for use in 
     carrying out projects, other than general administration of a 
     national estuarine reserve or the System, that are consistent 
     with the purpose of the reserve and the System.
       ``(B) Donations accepted under this paragraph shall be 
     considered as a gift or bequest to or for the use of the 
     United States for carrying out this section.
       ``(f) Evaluation of System Performance.--(1) The Secretary 
     shall periodically evaluate the operation and management of 
     each national estuarine reserve, including coordination with 
     State programs established under section 306, education and 
     interpretive activities, and the research being conducted 
     within the reserve.
       ``(2) If evaluation under paragraph (1) reveals that the 
     operation and management of the reserve is deficient, or that 
     the research, education, or resource stewardship being 
     conducted within the reserve is not consistent with the 
     guidelines developed under subsection (c), the Secretary may 
     suspend the eligibility of that reserve for financial 
     assistance under subsection (e) until the deficiency or 
     inconsistency is remedied.
       ``(3) The Secretary may withdraw the designation of an 
     estuarine areas a national estuarine reserve if evaluation 
     under paragraph (1) reveals that--
       ``(A) the basis for any one or more of the findings made 
     under subsection (b)(2) regarding that area no longer exists; 
     or
       ``(B) a substantial portion of the research, education, or 
     resource stewardship conducted within the area, over a period 
     of years, has not been consistent with the guidelines 
     developed under subsection (c).
       ``(g) Report.--The Secretary shall include in the report 
     required under section 316 information regarding--
       ``(1) new designations of national estuarine reserves;
       ``(2) any expansion of existing national estuarine 
     reserves;
       ``(3) the status of the research, education, and resource 
     stewardship program being conducted within the System; and
       ``(4) a summary of the evaluations made under subsection 
     (f).
       ``(h) Definitions.--In this section:
       ``(1) The term `estuarine area' means an area that--
       ``(A) is comprised of--
       ``(i) any part or all of an estuary; and
       ``(ii) any part or all of any island, transitional area, 
     and upland in, adjoining, or adjacent to such estuary; and
       ``(B) constitutes, to the extent feasible, a natural unit.
       ``(2) The term `System' means the National Estuarine 
     Reserve System established by this section.''.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       Section 318(a) of such Act (16 U.S.C. 1464(a)) is amended 
     by striking ``and'' after the semicolon at the end of 
     paragraph (1)(C), and by striking paragraph (2) and inserting 
     the following:
       ``(2) for grants under section 315--
       ``(A) $7,000,000 for fiscal year 2000;
       ``(B) $8,000,000 for fiscal year 2001;
       ``(C) $9,000,000 for fiscal year 2002;
       ``(D) $10,000,000 for fiscal year 2003; and
       ``(E) $11,000,000 for fiscal year 2004; and
       ``(3) for grants for construction projects at national 
     estuarine reserves designated under section 315 and land 
     acquisition directly related to such construction, 
     $12,000,000 for each of fiscal years 2000, 2001, 2002, 2003, 
     and 2004.''.

     SEC. 204. CONFORMING AMENDMENT.

       Section 304(8) of such Act (16 U.S.C. 1453(8)) is amended 
     to read as follows:
       ``(8) The term `national estuarine reserve' means an area 
     that is designated as a national estuarine reserve under 
     section 315.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I introduced H.R. 1243 to reauthorize the 
National Marine Sanctuary Program. National Marine sanctuaries are 
essential components in our efforts to protect and manage this Nation's 
marine resources. I strongly support the program and believe that this 
legislation will strengthen the management of our existing sanctuaries.
  The National Marine Sanctuaries Act of 1992 allows the Secretary of 
Commerce to designate and manage areas of marine environment with 
nationally significant and aesthetic, ecological, historical, or 
recreational values as national marine sanctuaries. The primary purpose 
of this law is to protect marine resources such as coral reefs and 
sunken historical vessels while facilitating all compatible public and 
private uses of those resources.
  Twelve marine areas have been designated as national marine 
sanctuaries to date. They range in size from less than a quarter of a 
mile to over 5,300 square miles and include near-shore coral reefs, 
open ocean habitat, and ship wrecks. One additional area, Thunder Bay 
on Michigan's Lake Huron, is an active candidate for designation. These 
sanctuaries support valuable commercial activities such as fishing and 
kelp harvesting and provide areas for recreational boating, diving, 
snorkeling, and sports fishing opportunities.
  The biggest hurdle facing the sanctuary program has been and 
continues to be inadequate funding for basic management research and 
outreach activities. This is a serious problem and one that is 
addressed by H.R. 1243. This bill limits the designation of new 
sanctuaries until sufficient funds have been made available to improve 
operations at existing sanctuaries.
  I would like to make it clear, Mr. Speaker, that I am not opposed to 
creating new sanctuaries. They are desirable and useful, and there is a 
need for additional sanctuaries. However, I am concerned that NOAA has 
been unable to meet the management and conservation needs of the 
current sanctuaries, and until NOAA meets its management goals, it is 
inappropriate to spend scarce federal dollars to expand the system.
  NOAA was concerned about the breadth of sanctuary moratorium 
language. H.R. 1243 addresses NOAA's concerns and requires that before 
establishing a new sanctuary the Secretary must find that the new 
sanctuary, one, will not have a negative impact on the management of 
existing sanctuaries; and two, will not interfere with NOAA's ability 
to complete sanctuary resource surveys for all sanctuaries within a 10-
year period.
  This important measure reauthorizes the National Marine Sanctuary 
Program for 5 years at $29 million a year to operate, maintain, and 
provide facilities at the sanctuaries. This level of funding is 
identical to the administration's fiscal year 2000 request and will 
allow the program to get on the right track.
  I strongly support partnerships between sanctuaries, local entities, 
and volunteers. H.R. 1243 builds upon existing cooperative arrangements 
and authorizes the sanctuaries to enter into partnerships with local 
universities, aquaria, and other groups to develop visitor centers and 
to promote the scientific, educational, and research values of the 
sanctuary.
  Finally, title II reauthorizes another important research element, 
the National Estuarine Reserve System for 5 years. The national estuary 
system, reserve systems, are systems of 25 research reserves that form 
effective partnerships between the state and Federal Government and are 
designed to investigate real world problems. I am very proud of the 
work being done, for example, at the Jacques Cousteau Reserve, which is 
located near my home. It is an important public educational resource 
for the residents of coastal New Jersey, and the research

[[Page H8414]]

conducted there has provided new insights into how estuaries function.
  This legislation is an essential step forward in improving the 
operation and maintenance of our Nation's underwater park system. I 
urge the adoption of this important environmental measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I wish to thank the gentleman from 
Alaska (Mr. Young), the chairman of our Committee on Resources, and 
also the ranking Democrat of our Committee on Resources, the gentleman 
from California (Mr. Miller), for their support and their assistance in 
making this legislation be brought before the floor. And I especially 
want to thank the chairman of our subcommittee, the gentleman from New 
Jersey (Mr. Saxton), for his efforts in bringing this bill, the 
reauthorization of the National Marine Sanctuaries Act this year.
  Many of the provisions of this bill were developed cooperatively with 
the administration, and I appreciate the majority's willingness to work 
constructively on these issues and produce sensible legislation.
  Mr. Speaker, our national marine sanctuaries are precious for their 
biological wealth and ecological complexity, yet regrettably we have 
only now begun to comprehend their true significance and understand how 
some of our own activities such as global warming, marine debris, water 
pollution, and overfishing may be causing irreparable damage to these 
areas.
  To paraphrase the noted marine biologist and National Geographic 
Society's explorer in residence, Dr. Sylvia Earle who is now heading up 
the society's sustainable seas expeditions to explore our national 
marine sanctuaries, she said and I quote, ``With understanding comes 
appreciation, and with appreciation comes protection,'' end of quote.
  Mr. Speaker, with this legislation Congress again acknowledges that 
it appreciates the incredible asset that is our system of national 
marine sanctuaries. We have known for years that the marine sanctuaries 
program has been underfunded. Importantly, this legislation provides 
for substantially increased funding levels to support fuel operations, 
exploration, and research.
  Clearly it is our intention to get more dollars out to the sites, 
especially to those sanctuaries in the Pacific which have been little 
increased in their budget allotments over the past few years. I look 
forward toward working collaboratively with the chairman of our 
subcommittee, the gentleman from New Jersey (Mr. Saxton), and our 
colleagues on the Committee on Appropriations to fully fund these 
authorized levels. Increased funding and other helpful improvements 
contained in this bill should strengthen the future of this entire 
system of marine-protected areas.
  However, Mr. Speaker, I and the other members, Democratic members of 
the Committee on Resources, continue to be troubled with the inclusion 
of title II of this bill. The problem is not with the substance of the 
provision. We support the reauthorization of the National Estuarine 
Research Reserve System, but we contend that it rightfully belongs in 
another bill, one to reauthorize the Coastal Zone Management Act.

                              {time}  1500

  Mr. Speaker, since its inception, the National Estuarine Research 
Reserve System has always been part of the Coastal Zone Management Act. 
In fact, the National Estuarine Research Reserve System reauthorization 
is also included in H.R. 2669, the chairman's bill, the legislation of 
the gentleman from New Jersey (Mr. Saxton) to reauthorize the Coastal 
Zone Management Act.
  That bill was reported from the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans on August 5, which is last month. 
Unfortunately, the bill of the reauthorization has not yet been 
scheduled for markup and it is my sincere hope that we will be able to 
provide a markup for this legislation in the near future.
  Mr. Speaker, I worry that tacking the Reserves provision onto the 
marine sanctuary bill will remove any incentive for the majority to 
pursue reauthorization of the Coastal Zone Management Act. This 
procedure sends a strong signal that the majority may have no intention 
whatsoever of moving the Coastal Zone Management Act bill in this 
Congress. I have heard this very same concern raised by several State 
coastal managers who are greatly concerned about what this move means 
to the Coastal Zone Management Act program funding for this year.
  I am very concerned that our committee cannot report this as a clean 
bill to the Coastal Zone Management Act. This statute was reauthorized 
by unanimous vote only 3 years ago by my good friend in the Republican 
majority of the Congress. It authorizes a widely popular voluntary 
Federal/State partnership program that embodies many of the very same 
principles of government that the majority usually extols.
  Mr. Speaker, I strongly support the reauthorization of the National 
Marine Sanctuary Program. In addition, I support the reauthorization of 
the National Estuarine Research Reserves, but urge that it be included 
as part of the Coastal Zone Management Act, where it belongs, in 
statute as well as in practice.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SAXTON. Mr. Speaker, I have no speakers at this time, and I 
reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield 5 minutes to the gentlewoman 
from California (Mrs. Capps).
  Mrs. CAPPS. Mr. Speaker, it is my pleasure to rise in strong support 
of the National Marine Sanctuaries Enhancement Act of 1999. I commend 
the gentleman from New Jersey (Mr. Saxton) and the ranking member, the 
gentleman from American Samoa (Mr. Faleomavaega), for their efforts to 
move this important legislation through committee and on to the floor 
so expeditiously.
  The National Marine Sanctuary Program is vital to protect and manage 
our Nation's outstanding marine areas. It protects over 18,000 square 
miles of our Nation's most unique marine resources. The National Marine 
Sanctuary Program is the equivalent of our national parks. It 
identifies, designates, and protects these areas of the marine 
environment deserving special protection and recognition.
  It is an extremely popular and strategic program and currently 
supports 12 designated sanctuaries, covering areas on both coasts, the 
Gulf of Mexico, Hawaii, and American Samoa. I am proud to have one of 
these sanctuaries in my district in California, the Channel Islands 
National Marine Sanctuary. As the only program designed to manage these 
important and ecologically sensitive areas, the sanctuaries protect our 
marine heritage for generations to come. They also help sustain 
critical resources and vibrant economies for our coastal communities 
which impacts the country as a whole.
  Last year marked the International Year of the Ocean, which brought 
increased attention to the National Marine Sanctuary Program. The 
legislation we are considering today builds upon this momentum and is 
the underlying commitment toward our oceans.
  The Marine Sanctuary Program has also spurred a number of innovative 
programs. One such program that I am particularly excited about was 
announced by the vice president earlier this month. It is a program to 
train and employ commercial fishing folk in research efforts at our 
Channel Islands National Marine Sanctuary. After all, it is the 
fishermen and women who are the experts on the resources of the waters 
on which they rely for their livelihood and on which we rely for our 
enjoyment and our food. It is programs like this that make our National 
Marine Sanctuary Program so vital.
  In addition to passing this bill today, we must also ensure 
appropriate funding for the Marine Sanctuary Program. I urge my 
colleagues to join me in this vital effort. Full funding of our 
sanctuaries is imperative to fulfill its important mandate. I urge all 
colleagues to come together in fully supporting our National Marine 
Sanctuary Program. A commitment to our oceans is a commitment to the 
quality of life for all Americans.

[[Page H8415]]

  Mr. FALEOMAVAEGA. Mr. Speaker, I certainly want to commend the 
gentlewoman from California (Mrs. Capps) for her eloquent statement. 
She certainly has been one of the outstanding leaders certainly of this 
body concerning the environment.
  Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. 
Farr).
  Mr. FARR of California. Mr. Speaker. I thank the gentleman from 
American Samoa (Mr. Faleomavaega) for yielding me this time.
  Mr. Speaker, I rise in strong support of the bill of the gentleman 
from New Jersey (Mr. Saxton). I am here to really praise the chairman 
of the committee. He is an avid supporter of ocean issues and coastal 
issues and sanctuary issues and it is very pleasing that we have one of 
the bills that relates to that issue here on the floor today, the 
reauthorization of the National Marine Sanctuaries Act.
  We have 12 national marine sanctuaries, as the chairman indicated. 
One of those, the biggest one in the whole system, is in my district in 
Monterey Bay, and it goes almost down to the home of the gentlewoman 
from California (Mrs. Capps) in Santa Barbara and up to San Francisco.
  It is a bottom's up process. The people in the local community 
decided they wanted to have one of these designations, and it has 
worked very well. In fact, we celebrated the anniversary of the system 
just last weekend.
  I would be remiss in standing and praising the action of the 
committee and the support for this legislation without pointing out to 
my colleagues and particularly my colleagues on the other side of the 
aisle, the chair of the full committee and the Republican leadership in 
this House, that we cannot talk about an ecosystem such as a sanctuary 
without talking about what is also related, which is the ocean on the 
outer side and the coastal zone which is on the inland side.
  What we are seeing here is a politic that is cherry picking, it is 
taking that which is very popular with the people and certainly 
noncontroversial, like the National Marine Estuary and Reserve Program, 
which belongs in another jurisdiction but is being removed and put into 
this bill because this bill is going to pass. What we ought to be 
dealing with is really two major comprehensive pieces of legislation. 
One is the oceans in general. We had a national oceans conference, a 
bipartisan support of that conference in California last year.
  This Congress is remiss. I mean, the last time we asked for interest 
in the oceans, to ask a professional body to come back and make 
recommendations to this, was when the Stratton Commission was created, 
33 years ago.
  So our policy on the oceans seems to be ranking that long ago, and we 
ought to be updating that with a new type of Stratton Commission.
  I have introduced a bill. It is in the Committee on Resources. It 
remains stagnant there because the committee does not want to take up 
oceans bills. It does not want to take up coastal zone management 
bills. But it does, and I am proud of that, it is taking up the marine 
sanctuary bill. Let us get on with the whole program. We just cannot 
fix the ocean by essentially saying all the land in America can be 
fixed by just saving a few national parks and the rest of it could all 
go to naught.
  So if we do not pay attention to the whole system, even the marine 
sanctuaries will not survive.
  Fifty percent of the Nation's population lives within 50 miles of a 
coastal zone. The coastal zone is where the land and water meet. It is 
the freshest of our ecosystems. It has half of the Nation's threatened 
and endangered species living in that coastal area. The Food and 
Agricultural Organization, known as the FAO, concludes that most of our 
fish stocks are fully fished, over fished, or depleted or recovering. 
So we are living on the ocean. We are taking stuff out. We are dumping 
what we do not want into it, and we are not solving the whole big 
program.
  Thank God, Congress invented a program called the National Marine 
Sanctuaries Program because at least we can pay attention to 12 zones 
of the ocean in the entire continental United States and do something 
about it, but the rest of it we ought to get on with the more important 
bigger pieces of legislation, both the Coastal Zone Management Act and 
the Oceans Act. And I commend the chairman for his interest and hope 
that he can release those other bills from full committee as soon as 
possible.
  I thank the chairman very much, thank him for his good work. I look 
forward to working with him.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from California (Mr. Farr) for his 
statement in support of this legislation. I want to say to the 
gentleman, as a former member of our Committee on Resources and 
certainly a champion of the oceans, along with the gentleman from 
Pennsylvania, I believe that they have worked very well in alerting the 
Members of the importance of our oceans, and I know and sincerely hope 
that my good friend, the chairman of our subcommittee, that we will be 
taking up the legislation concerning oceans some time in the near 
future.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would just like to thank and commend the gentleman 
from American Samoa (Mr. Faleomavaega), as well as the gentleman from 
California (Mr. Farr), and gentlewoman from California (Mrs. Capps) for 
their great support on this bill. It is through teamwork like this that 
we do move forward together on important matters such as this.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to support this bill 
because it reauthorizes both the National Marine Sanctuaries and 
National Estuarine Research Reserve programs for five years (through FY 
2004)--authorizing a total of $145 million for the Marine Sanctuaries 
program ($29 million in FY 2000) and $105 million for the National 
Estuarine Reserve program ($19 million in FY 2000).
  The measure authorizes a total of $145 million through FY 2004 ($29 
million per year) for the National Marine Sanctuaries program. Within 
this total, $26 million is authorized each year for NOAA administration 
and operations at marine sanctuaries, and $3 million is authorized for 
construction activities.
  The bill consolidates the 12 existing individual national marine 
sanctuaries into a new National Marine Sanctuary System, so that these 
resources may be managed on a more coordinated, systematic basis.
  The measure clarifies and streamlines procedures under which NOAA may 
designate marine sanctuaries, but it prohibits the agency from 
designating any additional sanctuaries unless NOAA certifies that the 
addition of a new sanctuary will not have a negative impact on the 
sanctuary system, and that sufficient funding is available to implement 
management plans and complete site characterization studies within 10 
years.
  The bill is vitally important because it makes it illegal to ``offer 
to sell,'' to buy, or to import or export sanctuary resources 
(currently, it is only illegal to actually sell such resources), and it 
establishes criminal penalties--including fines and imprisonment--for 
persons who interfere with marine sanctuary enforcement actions 
(currently, civil penalties may be imposed for certain other 
infractions). Specific actions for which such criminal penalties may be 
imposed include refusal to allow authorized searches of vessels, 
forcibly assaulting or resisting an officer, and knowingly and 
willfully submitting false information.
  The bill authorizes NOAA to initiate, in any federal district court 
in which a defendant is located, civil actions against vessel owners 
for damages caused by vessels to marine sanctuaries, and it allows NOAA 
to recover ``response costs'' against such defendants.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 1243, 
which reauthorizes the National Marine Sanctuaries Act and the National 
Estuarine Research Reserve System.
  The National Marine Sanctuaries Program is our nation's underwater 
park system. This is a good bill that will improve the operation of the 
program. I strongly support the provision that limits NOAA's ability to 
designate new National Marine Sanctuaries until the management plans at 
existing sanctuaries are implemented and significant progress has been 
made toward completing on-site studies. With limited funding, it is 
inappropriate to spend scarce dollars to expand the system while 
management of the existing sanctuaries consistently falls short.
  Title II reauthorizes the National Estuarine Reserve System, a 
program which establishes Federal-state partnerships for managing and 
enhancing our estuaries. The program is supported with matching funds 
provided by the states and the Federal Government, and much of the day-
to-day management of the reserves is left to the state or local 
partner. The National Estuarine Reserve Program is not a regulatory 
program, but rather maintains a mission of research, monitoring and 
education.

[[Page H8416]]

One of the newest reserves is located in Kachemak Bay, Alaska, which is 
contiguous with the southeastern entrance of Cook Inlet. This reserve 
encompasses nearly 365 thousand acres of aquatic habitat. This reserve 
is managed in cooperation with the Alaska Department of Fish and Game, 
and provides an area for researching and monitoring important Pacific 
salmon habitat. I believe that the Kachemak Bay Reserve serves an 
important function for monitoring coastal resources and maintaining 
healthy fish stocks.
  I urge the adoption of H.R. 1243.
  Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Calvert). 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. 1243, 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 of the bill was amended so as to read:

       ``A bill to reauthorize and amend the National Marine 
     Sanctuaries Act, and for other purposes.''.

  A motion to reconsider was laid on the table.

                          ____________________