[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[Senate]
[Pages S10633-S10642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL MARINE SANCTUARIES AMENDMENTS ACT OF 2000
Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 702, S. 1482.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1482) to amend the National Marine Sanctuaries
Act, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with amendments, as follows:
(Omit the parts in boldface brackets and insert the parts printed in
italic:)
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''.] 2000''.
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''; and
[(4) by striking ``and'' after the semicolon in paragraph
(5);
[(5)] (4) by striking ``protection of these'' in paragraph
(6) and inserting ``protecting the biodiversity, habitats,
and qualities of such''; and
[(6)] (5) 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
U.S.C. 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,] 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 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--
[[Page S10634]]
``(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.''.]
``(A) New designations.--The Secretary shall not publish in
the Federal Register any sanctuary designation notice or
regulations proposing to designate a new sanctuary unless the
Secretary has published in the Federal Register and submitted
to Congress a finding that the addition of a new sanctuary
will not have a negative impact on the National Marine
Sanctuary System and each designated sanctuary has--
``(i) an operational level of facilities, equipment, and
employees;
``(ii) a plan for enforcement of the Act within its
boundaries, including partnerships with adjacent States or
other authorities;
``(iii) sufficient resources available in the fiscal year
in which the finding is made to implement the sanctuary
management plan effectively;
``(iv) completed site characterizations studies,
inventories of known sanctuary resources, and management plan
review; and
``(v) a list of priorities and a strategy to address such
priorities.
``(B) Failure to complete certain requirements.--If the
requirements of subparagraph (A)(iv) have not been completed
at the time of designation of a sanctuary, then the Secretary
shall submit a plan and schedule for the completion of these
activities for the sanctuary, based on the assumption that
the amounts appropriated for the sanctuaries will be
maintained at the same level for each fiscal year for the
next 10 years.
``(C) Exception.--Subparagraph (A) does not apply to any
draft management plan, draft environmental impact statement,
or proposed regulation for the Thunder Bay National Marine
Sanctuary.
``(D) Deadline.--If a finding under subparagraph (A) has
not been published by February 1, 2004, the Secretary shall
submit to Congress by September 30, 2004, a finding stating
whether the requirements in subparagraph (A) have been met.
``(E) Sunset.--The requirements of this paragraph shall be
in effect until September 30, 2004.''.
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), (5) as redesignated;
(3) by striking ``only by the same procedures by which the
original designation is made.'' in paragraph [(4),] (5) 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 striking ``(a)(6)'' in subsection (b)(1) and
inserting ``(a)(7)'';
[(1)] (2) by inserting ``or the national system'' in
subsection (b)(2) after ``sanctuary'' each place it appears;
[(2)] (3) by striking ``management techniques,'' in
subsection (e) and inserting ``management techniques and
strategies,''; and
[(3)] (4) 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;
[[Page S10635]]
``(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)] (f) as
subsections (c) through [(f)] (g), 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.''.] 2004; and
``(6) $40,000,000 for fiscal year 2005.''.
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)] 1445a) 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)] 1445b) 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] collaborative efforts with the Secretary under
subsection (f);'';
(3) by striking ``symbols'' in subsection (a)(6) and
inserting ``symbols, including sale of items bearing the
symbols,'';
(4) by redesignating subsections (c), (d), and (e) as (d),
(e), and (f), respectively, and by inserting after subsection
(b) the following:
``(c) Collaborations.-- The Secretary may authorize the use
of the symbol described in subsection (a) by any person with
which the Secretary is engaged in a collaborative effort to
carry out the purposes and policies of this title.'';
[(4) striking] (5) by 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)] (6) by adding at the end thereof the following:
[``(f)] ``(g) Authorization for Non-Profit Organization To
Solicit Sponsors.--
[[Page S10636]]
``(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.''.
Mr. COCHRAN. I ask consent the committee amendments be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
Amendment No. 4322
Mr. COCHRAN. Senators Snowe and Kerry have an amendment at the desk.
I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Mississippi [Mr. Cochran], for Ms. Snowe,
for herself and Mr. Kerry, proposes an amendment numbered
4322.
Mr. COCHRAN. I ask unanimous consent the amendment be agreed to.
The amendment (No. 4322) was agreed to, as follows:
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. McCAIN. Mr. President, I rise in support of S. 1482, the
National Marine Sanctuaries Amendments Act of 2000. The National Marine
Sanctuary System recognizes the ecological and cultural importance of
our nation's marine resources. By setting aside these areas for
protection above and beyond what is already encompassed in other state
and federal programs, we are ensuring that the public will benefit from
them well into the future.
The existing 13 sanctuaries provide more then just protection for the
marine resources they encompass. They also provide recreational and
educational opportunities that might not otherwise exist. For example,
in the USS Monitor Sanctuary, a sunken Civil War vessel lies off the
coast of North Carolina and preserves a piece of our collective
history. And, in the 5,300 square miles of the Monterey Bay Sanctuary,
the program protects important kelp forests and one of the deepest
underwater canyons on the west coast. This emphasis on complementary
uses and management is the strength of the sanctuary program.
There is much we can do to build upon the successes the sanctuaries
have already achieved. By prioritizing our actions over the next few
years on making the existing sanctuaries fully operational with
education and research programs, a full complement of staff, active
public outreach programs, and enforcement we will strengthen the system
and help it to reach its full potential. At the same time, we are
increasing the funding to the system to ensure that these goals can be
reached. Authorization levels begin at $32 million for fiscal year 2001
with levels increasing by $2 million a year until fiscal year 2005.
Additionally, $6 million per year is authorized for construction
projects at the sanctuaries.
This bill also includes a new initiative to help secure the future of
marine resource conservation through the creation of the Dr. Nancy
Foster Scholarship Program. These graduate scholarships will be funded
by setting aside 1 percent of the National Marine Sanctuary Program's
annual appropriated funds in memory of Dr. Nancy Foster, a 23-year NOAA
employee who was serving as the Assistant Administrator for Ocean
Services and Coastal Zone Management at the time of her death in June.
I would like to thank Senator Snowe, the sponsor of the legislation,
and Senators Kerry, Inouye, and Hollings for their bipartisan support
of and hard work on this bill. I would also like to express my
gratitude and that of the Commerce Committee to the staff who worked on
this bill, including Sloan Rappoport, Stephanie Bailenson, Brooke
Sikora, Rick Kenin and Margaret Spring. In particular I would like to
thank Emily Lindow, a Sea Grant fellow, whose background and experience
in coastal management issues helped produce a strong and balanced
marine sanctuaries bill.
Mr. President, again I urge the Senate to pass S. 1482, the National
Marine Sanctuaries Amendments Act of 2000.
Mr. HOLLINGS. Mr. President, I rise to make a few remarks on S. 1482,
the National Marine Sanctuaries Amendments Act of 2000, legislation to
reauthorize the National Marine Sanctuaries Act.
To begin, I want to thank Senator Snowe, our chairman on the Oceans
and Fisheries Subcommittee on the Commerce Committee, for putting this
legislation on the committee agenda this Congress and working
diligently for its passage. In addition, passage of this bill would not
have been possible without the tireless efforts of the ranking member
of the subcommittee, Mr. Kerry. I would also like to thank them for
their support and inclusion of the Dr. Nancy Foster Scholarship Program
in this bill. We were all deeply saddened by Dr. Foster's passing this
year, at the height of her career as the head of the National Ocean
Service. I know I speak for all of my colleagues when I say we are only
too pleased to have this opportunity to recognize Dr. Foster's efforts
to protect, understand, and make the public care about our marine
environment. Dr. Foster was particularly proud of NOAA's Sanctuaries
Program and I know she would have appreciated creating this opportunity
to encourage more women and minorities to become involved in the study
of the marine environment and conservation of our underwater treasures.
When Congress enacted the National Marine Sanctuaries Act in 1972 we
recognized that while the Nation had already provided our ``special
areas'' on land with protections, we had no mechanism to protect those
areas of the marine environment with unique qualities that are of
special national, and even international, significance. Congress acted
on the need for certain marine areas to be protected from human threats
and recognized that management of undersea areas posed different
challenges than land-based preserves, requiring different expertise and
approaches. In fact, at the time, the unique character of the marine
environment was the predominant reason for bringing together the
Stratton Commission and the subsequent creation of the National Oceanic
and Atmospheric Administration (NOAA) at the Commission's
recommendation. Before the creation of NOAA in 1970, the late Senator
from Washington state, Warren Magnuson, noted that twenty-eight
different departments and agencies dealt with the field of
oceanography. Senator Magnuson concluded, in part because of the lack
of coordination that we ``know more about the back side of the Moon
that we know of three-quarters of the Earth's surface.'' The creation
of NOAA was the way to go about changing this fact. Since then,
Congress has consistently endorsed the creation of NOAA 30 years ago as
the premier federal agency to manage, study, and protect the marine
environment in a coordinated and comprehensive manner.
In much the same way, Congress created the sanctuaries system to
``provide a coordinated and comprehensive approach to the conservation
and management of special areas of the marine environment.'' It was the
clear intent of Congress that a tool was needed to create and protect
marine sanctuaries. If the Congress believed that existing laws could
have done the job, we would not have created the Sanctuary program. In
fact, in 1971 we recognized there was a need to create a marine
sanctuaries program because ``a mechanism for protecting certain
important areas of the coastal zone from intrusive activities by man .
. . is not met by any legislation now on the books.''
Furthermore, the Senate Commerce Committee found that ``the
establishment of marine sanctuaries is appropriate where it is
desirable to set aside areas of the seabed and the waters above for
scientific study, to preserve, unique, rare, or characteristic features
of the oceans, coastal, and other waters, and their total ecosystems.''
As I have said before, it is as clear now as it was then that NOAA is
the appropriate
[[Page S10637]]
agency to study and preserve marine ecosystems; the line offices of
NOAA have expertise in all of the major areas that impact marine
sanctuaries and the ecosystems on which they depend.
Today, nothing has occurred that would change the intent of Congress
when they created the sanctuaries program in 1972--certain areas of the
marine environment need special protection and recognition. While that
protection has not been as comprehensive as many would like, I know
that the program is growing in both energy and focus thanks to a
concerted effort from all those who care about our coastal environment.
This year marks a great turning point for the program, as a result of
the improvements in this legislation, the current five-year review
process, the increased financial commitment by both the Congress and
the administration, and the flood of public support for ocean
conservation. In fact, the exploration and publicity generated by
NOAA's Sustainable Seas program, in conjunction with the National
Geographic Society, will help bring a fuller understanding and focus to
each of our sanctuaries.
Now, one of the hallmarks of the Sanctuaries Act is the process that
Congress established to ensure significant ``up-front'' involvement of
all constituent groups affected by the designation of a sanctuary.
Although to some this may seem unduly cumbersome, I believe that the
history has shown that this inclusive, open-door process has worked and
that the ``behind-closed doors, top-down'' approach creates nothing but
havoc and leads to ineffective solutions that lack public support.
However, I am heartened by the fact that President Clinton appears to
agree with the process Congress created with the sanctuaries program.
In Executive Order 13158 on Marine Protected Areas, signed on May 26,
2000, President Clinton states, ``In carrying out the requirements of .
. . of this order, [agencies] shall consult with those States that
contain portions of the marine environment, the Commonwealth of Puerto
Rico, the Virgin Islands of the United States, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands, tribes, Regional
Fishery Management Councils, and other entities, as appropriate, to
promote coordination of Federal, State, territorial, and tribal actions
to establish and manage MPAs.''
I would urge the administration to continue meeting the commitment to
involve the public, the states, and tribes as much as possible up
front, particularly with respect to efforts currently underway within
the administration to identify and protect the corals and other living
marine resources of the Northwestern Hawaiian Islands. Use the
authorities and direction contained in the Sanctuaries Act; it is
flexible, works well with our nearshore analogs, the National Estuarine
Research Reserves, and other coastal reserves and parks, and has the
added benefit of a well-known process that has worked to ensure lasting
public support for protecting the marine environment. In this regard, I
commend the cooperative efforts of NOAA, and other federal and state
agencies, and all the constituent groups in putting together the
Tortugas Ecological Reserve under able leadership of the Florida Keys
National Marine Sanctuary.
NOAA was established 30 years ago to research, protect, and manage
our nations oceans and atmosphere. That statement may seem fairly
obvious, but there are some who may have lost sight of where we've come
from and where we are going. So I thought I would re-state
congressional intent for the record: Congress clearly intended that
NOAA be the lead agency in development of a comprehensive and
coordinated ocean and coastal management system, including marine
protected areas, under the National Marine Sanctuaries Act and many of
the other statutes it implements such as the Coastal Zone Management
Act and the Magnuson-Stevens Fishery Conservation and Management Act.
In closing, I would like again state my support for the National
Marine Sanctuaries Amendments Act and to urge its adoption by the
Senate. This bill takes an important step to further the wise
stewardship of our marine resources and the protection of areas of
significant ecological, aesthetic, historical and recreational value.
It will improve our 13 existing sanctuaries, provide a rational
framework for the designation of any future marine sanctuaries, and
offers a sound mechanism for a coordinating a national system of marine
protected areas.
Ms. SNOWE. Mr. President, I rise in support of S. 1482, the
National Marine Sanctuaries Amendments Act of 2000. This bill
represents a major breakthrough for the protection of our coastal and
marine resources by reauthorizing the marine sanctuary program. It is
highly appropriate that we are considering this bill because just last
week, on October 7, 2000, we designated our 13th national marine
sanctuary in Thunder Bay. This is the first sanctuary in the system to
be designated in the Great Lakes and serves as a perfect example of the
type of federal and state partnerships that have contributed to the
success of our other sanctuaries.
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, 13 areas covering a wide range of marine habitats
have been designated as national marine sanctuaries in the Atlantic,
Pacific, Great Lakes and Gulf of Mexico. Today, the sanctuaries program
protects over 18,000 square miles of our seas. Not only do the
sanctuaries help protect unique ecosystems, but they also serve as
models for multiple use management in the marine environment.
Additionally, the sanctuaries can also function as platforms for better
ocean stewardship, allowing opportunities for research, education, and
outreach activities.
One of the most serious impediments to achieving the original goals
of the program is the lack of funding. This bill authorizes funds at a
level that we hope will allow full implementation of the sanctuary
program. The bill authorizes $32 million in fiscal year 2001, with
levels increasing by $2 million a year until fiscal year 2005. It also
authorizes $6 million a year in fiscal years 2001 through 2005 for
construction projects at the sanctuaries.
Additionally, we have set the priority for the next few years on
making the existing sanctuaries fully operational before expanding the
sanctuary system. These marine sanctuaries have tremendous potential
for protecting our marine resources and increasing the public's
awareness of the marine environment. However, lack of funding has
prevented the sanctuary program from reaching its full potential. By
increasing authorization levels and focusing our attention on the
existing sanctuaries we can drastically increase the public benefits
from these sanctuaries.
There are two exceptions to this limitation. The first is to allow
for the completion of the Thunder Bay National Marine Sanctuary
designation. The second is to allow for the development of a sanctuary
in the Northwestern Hawaiian Islands. These unpopulated islands provide
a refuge for marine resources without the typical coastal development
pressures. They are also home to the majority of the United States'
coral reefs. The people of Hawaii have strong ties to these islands
and, in recent years, have been working on a variety of conservation
strategies to better manage these valuable resources. One of the
options being discussed is a national marine sanctuary. Members of the
Subcommittee on Oceans and Fisheries want to ensure that this remains
an option. The full complement of marine conservation and management
programs administered by the Department of Commerce will provide for
meaningful and lasting protections of these resources.
This bill also creates the Dr. Nancy Foster Scholarship Program to
recognize outstanding scholarship, particularly by women and
minorities, in the fields of oceanography, marine biology, or maritime
archeology. The scholarships will be used to support the graduate
studies and research of its recipients. It is being established in
honor of Dr. Nancy Foster, a 23-year NOAA employee who was serving as
the Assistant Administrator for Ocean Services and Coastal Zone
Management at the time of her death in June. The scholarship will be
funded by setting aside 1 percent of the National Marine Sanctuary
Program's annual appropriated funds. I can think of no better tribute
[[Page S10638]]
to Dr. Foster's long commitment to marine resource conservation and
management then helping the next generation of scientists and managers
launch their careers.
I would like to thank Senator Kerry, the ranking member of the Oceans
and Fisheries Subcommittee for his hard work and support of this bill.
I would also like to thank Senator Inouye for his support, particularly
for his contributions to the Northwestern Hawaiian Islands Coral Reef
Reserve provision. In addition, I would like to thank Senator McCain,
the chairman of the Commerce Committee, and Senator Hollings, the
ranking member of the Committee, for their bipartisan support of this
measure. We have before us an opportunity to significantly improve our
nation's ability to conserve and manage our marine resources and I urge
the Senate to pass S. 1482, as amended.
marine sanctuary program
Mr. INOUYE. Mr. President, I take this opportunity to thank
Senators Snowe, Kerry and Hollings for their dedicated efforts in
support of this important measure and engage in a discussion of certain
provisions of S. 1482, the National Marine Sanctuaries Amendments Act
of 2000.
Since its creation in 1972, the National Marine Sanctuary Program has
successfully protected our nation's unique marine resources through a
deliberative process that has allowed affected citizens to help shape
the future of the protected resources. The Hawaiian Islands Humpback
Whale National Marine Sanctuary is an excellent example of how
divergent interests came together to develop a plan for the protection
of the unique marine resources of this area.
We now have a new opportunity to enhance the protection of another
unique Hawaiian resource--the coral reef ecosystem surrounding the
Northwestern Hawaiian Island (NWHI). In May of this year, President
Clinton expressed his desire to provide strong and lasting protection
for the coral reef ecosystem of the NWHI, and directed the Secretaries
of the Interior and Commerce, in cooperation with the State of Hawaii
and in consultation with the Western Pacific Regional Fishery
Management Council (WESPAC), to develop recommendations for ``a new,
coordinated management regime to increase protection for the coral reef
ecosystem'' of the NWHI.
I agree with the President that there should be strong and lasting
protection for the coral reef ecosystem of the NWHI. I also believe
that it is critical to ensure meaningful public input on the nature of
actions to be taken and to foster public support for these lasting
protections.
Prior to the President's announcement, the Commerce Department
already had a solid head start in efforts to identify and evaluate
actions to protect the resources of the NWHI in developing the first
ever ecosystem level fishery management plan. This Coral Reef Ecosystem
Fisheries Management Plan, which identifies a series of actions such as
``no-take'' closures for coral and monk seal protection, was subject to
extensive public comment and is now undergoing departmental internal
review.
To complement this ongoing effort, the sanctuary program is well
equipped to achieve the President's goals while ensuring meaningful
public participation. Accordingly, S. 1482 would trigger an immediate
process for designating a sanctuary in the NWHI. In the interim, to
accommodate President Clinton's desire to implement protections without
delay, S. 1482 would authorize the President, after consulting with the
Governor of the State of Hawaii, to designate any coral reef ecosystem
area in the NWHI as a coral reef reserve, and establish a Coral Reef
Reserve Advisory Council to work with the Secretary of Commerce in
developing a long-range and lasting plan to protect the living marine
resources of the NWHI. The Coral Reef Reserve area would ultimately
become part of any sanctuary established in the NWHI.
The Dry Tortugas Ecological Reserve and Natural Resource area off the
Florida Keys is in many ways similar to what is being proposed for the
Northwestern Hawaiians Islands. However, the Dry Tortugas process
benefited from an extensive public process which ensured community
concerns were heard and addressed. As a result of this process, there
is now widespread support for this ecological reserve.
I am concerned about the administration's interest in immediately
establishing, without any public input, areas around the NWHI within
which all activities are permanently prohibited except for Native
Hawaiian access and subsistence. This could mean that all other
activities, including commercial and recreational access and possibly
certain defense activities, would be prohibited within these areas
forever. Whatever protections the administration feels are necessary
should be subject to review during the course of the sanctuary
designation process. Even the Administration's U.S. Coral Reef Task
Force contemplated a deliberative process when it recommended the goal
of achieving at least 20 percent protection by the year 2010.
Mr. HOLLINGS. I agree with my colleague from the great State of
Hawaii. The National Sanctuary Program is an ideal tool for coordinated
and comprehensive management of the coral reef ecosystem of the NWHI. I
further agree that any closure areas imposed by the President prior to
the completion of the sanctuary designation process should be subject
to public comment and review before it becomes permanently carved in
stone. Does the Senator envision that the Reserve area would be subject
to the same 5-year program review that the Sanctuary process provides?
In addition to Congressional oversight, such periodic and rigorous
review will help ensure the Sanctuary and Reserve are meeting the
expectations set by the people of Hawaii, the Sanctuary Advisory
Council, the Secretary of Commerce, and the President.
Mr. INOUYE. Yes, in addition to the evaluation process provided for
in the designation, the legislation ensures that such a 5-year review
would take place. While we know enough about the area to understand the
need to protect it, we will know far more about it in 5 years. In
conjunction with the development of a Sanctuary the National Oceanic
and Atmospheric Administration is already mapping and assessing the
coral ecosystem of this area, and evaluating the status of its living
marine resources. It will be important to use this information to
evaluate whether the management of the area under the National Marine
Sanctuaries Act, in conjunction with other marine conservation laws, is
adequate.
Ms. SNOWE. I fully concur with my colleagues that robust public
participation, oversight and review is necessary to ensure long-term
meaningful protection of our living marine resources whether in Hawaii
or in my home state of Maine. While I agree that it is appropriate to
take action to protect our precious coral resources, I, to, am greatly
concerned about the administration's plans to impose immediate and
permanent prohibitions in marine areas without providing a meaningful
opportunity for public comment on the proposal. Both the National
Marine Sanctuaries Act and the Magnuson-Stevens Fishery Conservation
and Management Act provide models for such a process. As my esteemed
colleague from Hawaii pointed out, WESPAC has gone through an elaborate
public process in developing the Coral Reef Ecosystem Fishery
Management Plan which identified several potential closed areas. Does
the Senator believe the development of this plan provided sufficient
public review to support immediate closures under the Magnuson-Stevens
Act or other marine conservation status implemented by the Secretary?
Mr. INOUYE. Yes I do, and I would support such closures, as well as
taking aggressive action to address the terrible problem of marine
debris in the NWHI, which is harming both the corals and our endangered
monk seals. Furthermore, I believe it may be appropriate to identify
further precautionary actions that our scientists tell us may be
necessary to prevent future harm to these resources. However, no action
should be taken on these proposals until they can be evaluated publicly
by the people of Hawaii.
Mr. HOLLINGS. I believe that is a sound plan and I look forward to
working with you as we ensure that the NWHI and other important marine
areas are accorded strong and lasting protections developed through the
consensus process. Thank you.
Mr. INOUYE. I thank Senators Snowe and Hollings.
[[Page S10639]]
Mr. COCHRAN. I ask unanimous consent the bill be read the third time
and passed, the motion to reconsider be laid upon the table, and any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1482), as amended, was engrossed for a third reading,
read the third time, and passed, 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 2000''.
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;
ESTABLISHMENT OF SYSTEM.
(a) Clerical Amendment.--The heading for section 301 (16
U.S.C. 1431) is amended to read as follows:
``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT
OF SYSTEM.''.
(b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is
amended--
(1) in paragraph (2) by striking ``research, educational,
or esthetic'' and inserting ``scientific, educational,
cultural, archeological, or esthetic'';
(2) in paragraph (3) by adding ``and'' after the semicolon;
and
(3) by striking paragraphs (4), (5), and (6) and inserting
the following:
``(4) a Federal program which establishes areas of the
marine environment which have special conservation,
recreational, ecological, historical, cultural,
archeological, scientific, educational, or esthetic qualities
as national marine sanctuaries managed as the National Marine
Sanctuary System will--
``(A) improve the conservation, understanding, management,
and wise and sustainable use of marine resources;
``(B) enhance public awareness, understanding, and
appreciation of the marine environment; and
``(C) maintain for future generations the habitat, and
ecological services, of the natural assemblage of living
resources that inhabit these areas.''.
(c) Purposes and Policies.--Section 301(b) (16 U.S.C.
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 paragraphs (3), (4), and (9);
(3) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(4) by inserting after paragraph (2) the following:
``(3) to maintain the natural biological communities in the
national marine sanctuaries, and to protect, and, where
appropriate, restore and enhance natural habitats,
populations, and ecological processes;
``(4) to enhance public awareness, understanding,
appreciation, and wise and sustainable use of the marine
environment, and the natural, historical, cultural, and
archeological resources of the National Marine Sanctuary
System;
``(5) to support, promote, and coordinate scientific
research on, and long-term monitoring of, the resources of
these marine areas;'';
(5) in paragraph (8), as redesignated, by striking
``areas;'' and inserting ``areas, including the application
of innovative management techniques; and''; and
(6) in paragraph (9), as redesignated, by striking ``;
and'' and inserting a period.
(d) Establishment of System.--Section 301 is amended by
adding at the end the following:
``(c) 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.''.
SEC. 4. CHANGES IN DEFINITIONS.
(a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432)
is amended--
(1) by striking ``and'' after the semicolon at the end of
subparagraph (B); and
(2) by adding after subparagraph (C) the following:
``(D) the cost of curation and conservation of
archeological, historical, and cultural sanctuary resources;
and
``(E) the cost of enforcement actions undertaken by the
Secretary in response to the destruction or loss of, or
injury to, a sanctuary resource;''.
(b) Response Costs.--Paragraph (7) of such section 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.
(c) Sanctuary Resource.--Paragraph (8) of such section is
amended by striking ``research, educational,'' and inserting
``educational, cultural, archeological, scientific,''.
(d) System.--Such section is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) `System' means the National Marine Sanctuary System
established by section 301.''.
SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.
(a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is
amended to read as follows:
``(1) determines that--
``(A) the designation will fulfill the purposes and
policies of this title;
``(B) the area is of special national significance due to--
``(i) its conservation, recreational, ecological,
historical, scientific, cultural, archeological, educational,
or esthetic qualities;
``(ii) the communities of living marine resources it
harbors; or
``(iii) its resource or human-use values;
``(C) existing State and Federal authorities are inadequate
or should be supplemented to ensure coordinated and
comprehensive conservation and management of the area,
including resource protection, scientific research, and
public education;
``(D) designation of the area as a national marine
sanctuary will facilitate the objectives in subparagraph (C);
and
``(E) the area is of a size and nature that will permit
comprehensive and coordinated conservation and management;
and''.
(b) Factors; Repeal of Report Requirement.--Section 303(b)
(16 U.S.C. 1433(b)) is amended--
(1) in paragraph (1) 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 scientific value and value for monitoring
the resources and natural processes that occur there;
``(K) the feasibility, where appropriate, of employing
innovative management approaches to protect sanctuary
resources or to manage compatible uses; and
``(L) the value of the area as an addition to the
System.''; and
(2) by striking paragraph (3).
SEC. 6. CHANGES IN 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.--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) A resource assessment that documents--
``(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) after consultation with the Secretary of the
Interior, any commercial, governmental, or recreational
resource uses in the areas that are subject to the primary
jurisdiction 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.
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 area.
``(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, innovative
management strategies, 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
[[Page S10640]]
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) 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.
``(vi) The proposed regulations referred to in paragraph
(1)(A).
``(D) Maps depicting the boundaries of the proposed
sanctuary.
``(E) The basis for the findings made under section 303(a)
with respect to the area.
``(F) An assessment of the considerations under section
303(b)(1).''.
(c) 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.
(d) 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 of, 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.''.
(e) Evaluation of Progress in Implementing Management
Strategies.--Section 304(e) (16 U.S.C. 1434(e)) is amended--
(1) by striking ``management techniques,'' and inserting
``management techniques and strategies,''; and
(2) by adding at the end the following: ``This review shall
include a prioritization of management objectives.''.
(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) Finding required.--The Secretary may not publish in
the Federal Register any sanctuary designation notice or
regulations proposing to designate a new 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) Deadline.--If the Secretary does not submit the
findings required by paragraph (1) before February 1, 2004,
the Secretary shall submit to the Congress before October 1,
2004, a finding with respect to whether the requirements of
paragraph (2) have been met by all existing sanctuaries.
``(3) Limitation on application.--Paragraph (1) does not
apply to any sanctuary designation documents for--
``(A) a Thunder Bay National Marine Sanctuary; or
``(B) a Northwestern Hawaiian Islands National Marine
Sanctuary.''.
(g) Northwestern Hawaiian Islands Coral Reef Reserve.--
(1) Presidential designation.--The President, after
consultation with the Governor of the State of Hawaii, may
designate any Northwestern Hawaiian Islands coral reef or
coral reef ecosystem as a coral reef reserve to be managed by
the Secretary of Commerce.
(2) Secretarial action.--Upon the designation of a reserve
under paragraph (1) by the President, the Secretary shall--
(A) take action to initiate the designation of the reserve
as a National Marine Sanctuary under sections 303 and 304 of
the National Marine Sanctuaries Act (16 U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands Reserve
Advisory Council under section 315 of that Act (16 U.S.C.
1445a), the membership of which shall include at least 1
representative from Native Hawaiian groups; and
(C) until the reserve is designated as a National Marine
Sanctuary, manage the reserve in a manner consistent with the
purposes and policies of that Act.
(3) Public comment.--Notwithstanding any other provision of
law, no closure areas around the Northwestern Hawaiian
Islands shall become permanent without adequate review and
comment.
(4) Coordination.--The Secretary shall work with other
Federal agencies and the Director of the National Science
Foundation, to develop a coordinated plan to make vessels and
other resources available for conservation or research
activities for the reserve.
(5) Review.--If the Secretary has not designated a national
marine sanctuary in the Northwestern Hawaiian Islands under
sections 303 and 304 of the National Marine Sanctuaries Act
(16 U.S.C. 1433, 1434) before October 1, 2005, the Secretary
shall conduct a review of the management of the reserve under
section 304(e) of that Act (16 U.S.C. 1434(e)).
(6) Report.--No later than 6 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Resources,
describing actions taken to implement this subsection,
including costs of monitoring, enforcing, and addressing
marine debris, and the extent to which the fiscal or other
resources necessary to carry out this subsection are
reflected in the Budget of the United States Government
submitted by the President under section 1104 of title 31,
United States Code.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Commerce to carry out
the provisions of this subsection such sums, not exceeding
$4,000,000 for each of fiscal years 2001, 2002, 2003, 2004,
and 2005, as are reported under paragraph (6) to be reflected
in the Budget of the United States Government.
SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.
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, other than a vessel operated by
the Department of Defense or United States Coast Guard,
subject to such person's control for the purposes of
conducting any search or inspection in connection with the
enforcement of this title;
``(B) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
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. 8. CHANGES IN ENFORCEMENT PROVISIONS.
(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 of 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,''.
(d) Nationwide Service of Process.--Section 307 (16 U.S.C.
1437) is amended by adding at the end the following:
``(l) Nationwide Service of Process.--In any action by the
United States under this title, 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.
Section 308 (16 U.S.C. 1439) is amended to read as follows:
``SEC. 308. REGULATIONS.
``The Secretary may issue such regulations as may be
necessary to carry out this title.''.
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.
``(a) In General.--The Secretary shall conduct, support, or
coordinate research, monitoring, evaluation, 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;
[[Page S10641]]
``(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, and the
conservation, curation, and public display of, the cultural,
archeological, and historical resources of national marine
sanctuaries.
``(2) Availability of results.--The results of research and
monitoring conducted, supported, or permitted 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 and the System. Efforts supported, promoted, or
coordinated under this subsection must emphasize the
conservation goals and sustainable public uses of national
marine sanctuaries and the System.
``(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
sustainable public uses of national marine sanctuaries by
providing the public with information about the conservation,
recreational, ecological, historical, cultural,
archeological, scientific, educational, or esthetic qualities
of the national marine sanctuary.
``(e) Consultation and Coordination.--In conducting,
supporting, and coordinating research, monitoring,
evaluation, and education programs under subsection (a) and
developing interpretive facilities under subsection (d), the
Secretary may consult or coordinate with Federal, interstate,
or regional agencies, States or local governments.''.
SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.
Section 310 (16 U.S.C. 1441) is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), and by inserting after
subsection (a) the following:
``(b) Public Notice Required.--The Secretary shall provide
appropriate public notice before identifying any category of
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) in subsection (d)(3)(B), as redesignated, by striking
``designating and''; and
(5) in subsection (d), as redesignated, 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 access to or use of sanctuary resources.''.
SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.
(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
nonreimbursable 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. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS,
OR INJURY.
(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--
``(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 archeological, 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. 14. 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--
``(A) $32,000,000 for fiscal year 2001;
``(B) $34,000,000 for fiscal year 2002;
``(C) $36,000,000 for fiscal year 2003;
``(D) $38,000,000 for fiscal year 2004;
``(E) $40,000,000 for fiscal year 2005; and
``(2) for construction projects at national marine
sanctuaries, $6,000,000 for each of fiscal years 2001, 2002,
2003, 2004, and 2005.''.
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. 1445a) 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. 1445b) is amended--
(1) in subsection (a)(1), by inserting ``or the System''
after ``sanctuaries'';
(2) 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,'';
(3) 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
(4) 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.
``(g) Authorization for Non-profit Partner Organization To
Solicit Sponsors.--
``(1) In general.--The Secretary may enter into an
agreement with a non-profit partner 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 partner organization to solicit persons to be
official sponsors of the national marine sanctuary system 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 partner
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 partner 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.
[[Page S10642]]
``(3) Partner organization defined.--In this subsection,
the term `partner organization' means an organization that--
``(A) draws its membership from individuals, private
organizations, corporation, academic institutions, or State
and local governments; and
``(B) is established to promote the understanding of,
education relating to, and the conservation of the resources
of a particular sanctuary or 2 or more related
sanctuaries.''.
SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP
PROGRAM.
The National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.) is amended by inserting after section 317 the
following:
``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.
``(a) Establishment.--The Secretary shall establish and
administer through the National Ocean Service the Dr. Nancy
Foster Scholarship Program. Under the program, the Secretary
shall award graduate education scholarships in oceanography,
marine biology or maritime archeology, to be known as Dr.
Nancy Foster Scholarships.
``(b) Purposes.--The purposes of the Dr. Nancy Foster
Scholarship Program are--
``(1) to recognize outstanding scholarship in oceanography,
marine biology, or maritime archeology, particularly by women
and members of minority groups ; and
``(2) to encourage independent graduate level research in
oceanography, marine biology, or maritime archeology.
``(c) Award.--Each Dr. Nancy Foster Scholarship--
``(1) shall be used to support graduate studies in
oceanography, marine biology, or maritime archeology at a
graduate level institution of higher education; and
``(2) shall be awarded in accordance with guidelines issued
by the Secretary.
``(d) Distribution of Funds.--The amount of each Dr. Nancy
Foster Scholarship shall be provided directly to a recipient
selected by the Secretary upon receipt of certification that
the recipient will adhere to a specific and detailed plan of
study and research approved by a graduate level institution
of higher education.
``(e) Funding.--Of the amount available each fiscal year to
carry out this title, the Secretary shall award 1 percent as
Dr. Nancy Foster Scholarships.
``(f) Scholarship Repayment Requirement.--The Secretary
shall require an individual receiving a scholarship under
this section to repay the full amount of the scholarship to
the Secretary if the Secretary determines that the
individual, in obtaining or using the scholarship, engaged in
fraudulent conduct or failed to comply with any term or
condition of the scholarship.
``(g) Maritime Archeology Defined.--In this section the
term `maritime archeology' includes the curation,
preservation, and display of maritime artifacts.''.
SEC. 19. 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. 1433(b)(2)(A)).
(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
(b) Correction of Reference to Renamed Act.--(1) Section
302(2) is amended to read as follows:
``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.);''.
(2) Section 302(9) is amended by striking ``Magnuson
Fishery Conservation and Management Act'' and inserting
``Magnuson-Stevens Act''.
(3) Section 303(b)(2)(D) is amended by striking ``Magnuson
Act'' and inserting ``Magnuson-Stevens Act''.
(4) Section 304(a)(5) is amended by striking ``Magnuson
Act'' and inserting ``Magnuson-Stevens Act''.
(5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by
striking ``Magnuson Fishery Conservation and Management Act''
and inserting ``Magnuson-Stevens Act''.
(c) Miscellaneous.--Section 312(a)(1) (16 U.S.C.
1443(a)(1)) is amended by striking ``United States'' and
inserting ``united states''.
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