[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[House]
[Pages H10007-H10009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY 
                            MODIFICATION ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 905) to expand the boundaries of the Thunder Bay National 
Marine Sanctuary and Underwater Preserve, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 905

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H10008]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Thunder Bay National Marine 
     Sanctuary and Underwater Preserve Boundary Modification 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Thunder Bay National Marine Sanctuary and Underwater 
     Preserve in Lake Huron contains more than 100 recorded 
     historic vessel losses.
       (2) The areas immediately surrounding the Sanctuary, 
     including the offshore waters of Presque Isle and Alcona 
     Counties, Michigan, contain an equal number of historic 
     vessel losses.
       (3) Many of these shipwrecks and underwater cultural 
     resources are popular recreational diving destinations, and 
     all contribute to our collective maritime heritage.
       (4) These resources are susceptible to damage from human 
     activities, and must be properly preserved for themselves and 
     to protect the economic viability of their contribution to 
     national and regional economies.
       (b) Purposes.--The purposes of this Act are--
       (1) to expand the Thunder Bay National Marine Sanctuary and 
     Underwater Preserve boundaries to encompass the offshore 
     waters of Presque Isle and Alcona Counties, Michigan and 
     outward to the international border between the United States 
     and Canada; and
       (2) to provide the underwater cultural resources of those 
     areas equal protection to that currently afforded to the 
     Sanctuary.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Sanctuary.--The term ``Sanctuary'' means the Thunder 
     Bay National Marine Sanctuary and Underwater Preserve.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.

       (a) Boundary Adjustment.--Notwithstanding any provision of 
     law or regulation, including section 922.190 of title 15, 
     Code of Federal Regulations, as in effect on the date of the 
     enactment of this Act, the Sanctuary shall consist of the 
     geographic area described in subsection (b).
       (b) Expanded Boundary Adjustment.--The area referred to in 
     subsection (a) is all submerged lands, including the 
     underwater cultural resources, lakeward of the mean high 
     waterline, within the boundaries of a line formed by 
     connecting points in succession beginning at a point along 
     the mean high water line located approximately at 45.6262N, 
     84.2043W at the intersection of the northern Presque Isle and 
     northeastern Cheboygan County boundary, then north to a point 
     approximately 45.7523N, 84.2011W, then northeast to a point 
     approximately 45.7777N, 84.1231W, then due east to the 
     international boundary between the United States and Canada 
     approximately located at 45.7719N, 83.4840W then following 
     the international boundary between the United States and 
     Canada in a generally southeasterly direction to a point 
     approximately 44.5128N, 82.3295W, then due west to a point 
     along the mean high water line located approximately at 
     44.5116N, 83.3186W at the intersection of the southern Alcona 
     County and northern Iosco County boundary, returning to the 
     first point along the mean high water line.
       (c) Authority To Make Minor Adjustments.--The Secretary may 
     make minor adjustments to the boundary described in 
     subsection (b) to facilitate enforcement and clarify the 
     boundary to the public provided the resulting boundary is 
     consistent with the purposes described in section 2(b).
       (d) Inclusion in the System.--The area described in 
     subsection (b), as modified in accordance with subsection 
     (c), shall be managed as part of the National Marine 
     Sanctuary System established by section 301(c) of the 
     National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in 
     accordance with that Act.
       (e) Updated NOAA Charts.--The Secretary shall--
       (1) produce updated National Oceanic and Atmospheric 
     Administration charts for the area in which the Sanctuary is 
     located; and
       (2) include on such charts the boundaries of the Sanctuary 
     described in subsection (b), as modified in accordance with 
     subsection (c).

     SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.

       (a) Regulations.--The regulations applicable to the 
     Sanctuary codified in subpart R of part 922 of title 15, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act, shall apply to the geographic area 
     added to the Sanctuary pursuant to section 4, unless the 
     Secretary specifies otherwise by regulation.
       (b) Existing Certifications.--The Secretary may certify 
     that any license, permit, approval, other authorization, or 
     right to conduct a prohibited activity made pursuant to 
     section 922.194 of title 15, Code of Federal Regulations, 
     that exists on the date of the enactment of this Act shall 
     apply to such an activity conducted within the geographic 
     area added to the Sanctuary pursuant to section 4.
       (c) Date of Sanctuary Designation.--For purposes of section 
     922.194 of title 15, Code of Federal Regulations, the date of 
     the enactment of this Act shall be deemed to be the date of 
     Sanctuary designation.
       (d) Management Plan.--To the extent practicable, the 
     Secretary shall apply the management plan in effect for the 
     Sanctuary on the date of the enactment of this Act to the 
     geographic area added to the Sanctuary pursuant to section 4.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Virginia (Mr. Wittman) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, the Thunder Bay National Marine Sanctuary 
is the only national marine sanctuary located in the Great Lakes. The 
sanctuary provides protection for more than 100 nationally significant 
historic shipwrecks in an area of Lake Huron known as ``shipwreck 
alley,'' but an equal number of historic wrecks lie immediately north 
and south of the existing sanctuary boundary.
  The pending measure would extend the sanctuary's boundary to 
encompass more than 100 additional shipwrecks and submerged resources 
and afford to these historic resources the protection, research, 
education and public outreach capabilities of the National Marine 
Sanctuaries Act.
  This bipartisan legislation, introduced by our colleague, 
Representative Bart Stupak of Michigan, is strongly supported by the 
administration, the State of Michigan, the affected counties, the 
communities, the local chambers of commerce, and the Thunder Bay 
Sanctuary Advisory Council.
  So I ask Members on both sides of the aisle to support its passage.
  I reserve the balance of my time.
  Mr. WITTMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, according to testimony on H.R. 905, the Thunder Bay 
National Marine Sanctuary and Underwater Preserve Boundary Modification 
Act, there appears to be broad local support for this expansion. In 
addition, the legislation does not include any new statutory 
prohibitions which would prohibit or restrict activities within the 
sanctuary. However, there have been concerns voiced on this side of the 
aisle about the potential increased costs of this boundary expansion 
that expands the current sanctuary by almost nine times its current 
size.
  While the Thunder Bay National Marine Sanctuary is entirely within 
the waters of the State of Michigan, concern has been raised that the 
cost of this expansion and any future needs will fall on the Federal 
Government. Not only will this increase the Federal costs for managing 
the resources that are entirely within State waters, but it could also 
have a negative effect on the other national marine sanctuaries.
  With that, though, Mr. Speaker, we do thank Mr. Stupak for his 
efforts in preserving national marine sanctuaries.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield to the gentleman from Michigan 
(Mr. Stupak), the author of this legislation, such time as he may 
consume.
  Mr. STUPAK. Mr. Speaker, I thank the gentlelady for yielding me time.
  I introduced H.R. 905, the Thunder Bay National Marine Sanctuary and 
Underwater Preserve Boundary Modification Act, to expand the boundaries 
of the preserve. I want to thank the bill's cosponsors, my Michigan 
colleagues, Congressmen Kildee, McCotter and Ehlers. Their support has 
been instrumental in moving this legislation.
  In 1975, Michigan State University, in response to local interest, 
collected an inventory of shipwrecks located within Lake Huron's 
Thunder Bay. What they found was that Thunder Bay potentially contained 
the largest number of historical shipwrecks in the country.
  This discovery warranted the establishment of an underwater 
``reserve,'' and in 1981, the State of Michigan declared Thunder Bay 
Michigan's first Great Lakes bottomland preserve.
  Following this State recognition, the National Oceanic and 
Atmospheric Administration designated the Thunder Bay National Marine 
Sanctuary in 2000, making it the first sanctuary in the Great Lakes.

[[Page H10009]]

  The sanctuary is a Federal-State partnership with a unique focus on 
preserving the large collection of underwater cultural resources. These 
resources consist of 100 shipwrecks spanning more than 200 years of 
Great Lakes shipping history. In order to study and preserve the 
cultural resources present at Thunder Bay, in 2005 the National Oceanic 
and Atmospheric Administration and the State of Michigan established 
the Great Lakes Maritime Heritage Center in Michigan in Alpena, 
Michigan.
  The Great Lakes Maritime Heritage Center allows visitors to learn 
about Great Lakes maritime history, explore shipwrecks via live video 
feeds, and see how archaeologists continue to preserve these historic 
sites. To continue this positive outcome, the Thunder Bay Sanctuary 
Advisory Council, a 15-member group representing local interests such 
as fishermen, the business community, educational institutions and 
local government, have passed a resolution recommending the sanctuary 
be expanded.
  This legislation is supported by the State of Michigan, the local 
units of government, and the local chambers of commerce of each county 
that is affected.
  H.R. 905 would extend the sanctuary's boundaries to include the 
waters off Alcona, Alpena and Presque Isle counties in Michigan and 
extend the sanctuary east to the international boundary with Canada.
  Currently, the sanctuary covers 448 square miles of water and 115 
miles of shoreline, protecting 116 shipwrecks. H.R. 905 would increase 
this area to 3,722 square miles of water and 226 miles of shoreline, 
adding an additional 180 shipwrecks to the sanctuary. In addition, the 
legislation would direct NOAA to produce updated charts of the newly 
designated areas and apply the protection and preservation provisions 
in the existing management plan to the newly added areas.
  By authorizing an expansion of Thunder Bay National Marine Sanctuary, 
the affected local communities would receive the benefits of having 
additional historical resources highlighted and preserved, as well as 
increased tourism, which is an important driver for economic growth of 
this part of northeastern lower Michigan.
  I urge my colleagues to support my legislation. I thank the 
chairperson and the ranking member for their help and support on this 
legislation.
  Ms. BORDALLO. Mr. Speaker, I have no additional speakers, and I 
inquire if the minority has any additional speakers.
  Mr. WITTMAN. Mr. Speaker, we have no additional speakers, and with 
that I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this 
important bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 905, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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