[Congressional Record Volume 170, Number 112 (Monday, July 8, 2024)]
[House]
[Pages H4463-H4464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ALABAMA UNDERWATER FOREST NATIONAL MARINE SANCTUARY AND PROTECTION ACT

  Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 897) to provide for the establishment of the Alabama 
Underwater Forest National Marine Sanctuary, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 897

       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 ``Alabama Underwater Forest 
     National Marine Sanctuary and Protection Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) An ancient cypress forest dating back 50,000 to 70,000 
     years has been exposed in the Gulf of Mexico off the Alabama 
     coastline.
       (2) The cypress trees, which were uncovered by massive 
     waves associated with Hurricane Ivan, are still rooted in the 
     mud they were growing in at least 50,000 years ago.
       (3) The Underwater Forest site is unique on a global scale, 
     the only known site where trees between 50,000 and 70,000 
     years old have been preserved intact with the ecosystem they 
     were growing in.
       (4) Exploration of the site continues to yield invaluable 
     scientific insight in a variety of fields, though scientists 
     have just begun to study the ancient forest.

     SEC. 3. POLICY AND PURPOSE.

       (a) Policy.--It is the policy of the United States to 
     protect and preserve the ancient cypress trees located off 
     the coast of Alabama, known as the Alabama Underwater Forest.
       (b) Purpose.--The purpose of this Act is to protect the 
     resources of the area described in section 5(b), to educate 
     and interpret for the public regarding the ancient Alabama 
     Underwater Forest environment, and to manage human uses of 
     the Alabama Underwater Forest National Marine Sanctuary 
     consistent with this Act.

     SEC. 4. DEFINITIONS.

       In this Act--
       (1) Sanctuary.--The term ``Sanctuary'' means the Alabama 
     Underwater Forest National Marine Sanctuary designated under 
     section 5(a).
       (2) Secretary.--the term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 5. SANCTUARY DESIGNATION.

       (a) Designation.--The area described in subsection (b) is 
     designated as the Alabama Underwater Forest National Marine 
     Sanctuary pursuant to title III of the Marine Protection, 
     Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et 
     seq.).
       (b) Area Included.--
       (1) In general.--The Sanctuary shall consist only of all 
     waters and submerged lands within the boundary described in 
     paragraph (2).
       (2) Boundary.--The boundary referred to in paragraph (1) 
     shall encompass only the area within the following 
     coordinates:
       (A) 30 degrees, 7 minutes, 20.2116 seconds north latitude; 
     87 degrees, 49 minutes, 15.7404 seconds west longitude.
       (B) 30 degrees, 7 minutes, 20.2116 seconds north latitude; 
     87 degrees, 43 minutes, 44.8536 seconds west longitude.
       (C) 30 degrees, 5 minutes, 42.6552 seconds north latitude; 
     87 degrees, 49 minutes, 15.7404 seconds west longitude.
       (D) 30 degrees, 5 minutes, 42.6552 seconds north latitude; 
     87 degrees, 43 minutes, 44.8536 seconds west longitude.
       (E) 30 degrees, 7 minutes, 20.2116 seconds north latitude; 
     87 degrees, 49 minutes, 15.7404 seconds west longitude.
       (3) Charts.--The Sanctuary shall be generally identified 
     and depicted on National Oceanic and Atmospheric 
     Administration charts that shall be maintained on file and 
     kept available for public examination during regular business 
     hours at the Office of Ocean and Coastal Resource Management 
     of the National Oceanic and Atmospheric Administration and in 
     online format and which shall be updated to reflect boundary 
     modifications made pursuant to this section.

     SEC. 6. PROHIBITION OF CERTAIN USES.

       (a) Prohibited Activities.--The following activities are 
     prohibited and are unlawful for any person to conduct or to 
     cause to be conducted within the Sanctuary:
       (1) Cutting, removing, or any kind of subsurface salvage of 
     the cypress trees.
       (2) Lowering below the surface of the water any grappling, 
     suction, conveyor, dredging, or wrecking device.
       (3) Detonating below the surface of the water any explosive 
     or explosive mechanism.
       (4) Drilling or coring the seabed.
       (5) Lowering, laying, positioning, or raising any type of 
     seabed cable or cable-laying device.
       (b) Exceptions.--
       (1) In general.--The prohibitions in subsection (a) shall 
     not apply to the following:
       (A) Fishing, diving, mooring, or similar recreational or 
     commercial activities.
       (B) Necessary operations of public vessels, including 
     operations essential for national defense, law enforcement, 
     and responses to emergencies that threaten life, property, or 
     the environment.
       (C) Construction or placement of artificial reef structures 
     for the purpose of enhancing fishery resources, fishing 
     opportunities, or recreational diving opportunities.
       (D) Exploration, development, or production of oil or gas 
     pursuant to a lease, permit, or other authorization, provided 
     such lease, permit, or authorization is issued on or before 
     the date of the enactment of this Act.
       (2) Other activities.--The Secretary, acting through the 
     Director of the Office of National Marine Sanctuaries, may 
     allow a person to conduct an activity that would otherwise be 
     prohibited under subsection (a) if such activity meets the 
     standards of Title III of the Marine Protection, Research, 
     and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as 
     determined by the Secretary.

     SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.

       (a) Preparation of Plan.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with appropriate Federal, State, and local government 
     authorities and with the advisory council established under 
     section 8, shall develop a comprehensive management plan and 
     implement regulations to achieve the policy and purpose of 
     this Act.
       (2) Applicable law.--In developing the comprehensive 
     management plan and implementing regulations under paragraph 
     (1), the Secretary shall follow the procedures described in 
     sections 303 and 304 of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
       (3) Plan details.--The comprehensive management plan 
     required under paragraph (1) shall--
       (A) facilitate all public and private uses of the Sanctuary 
     compatible with the primary objective of Sanctuary resource 
     protection, with a focus on facilitating--
       (i) fishing, diving, or similar recreational or commercial 
     activities; and
       (ii) construction or placement of artificial reef 
     structures for the purpose of enhancing fishery resources, 
     fishing opportunities, or recreational diving opportunities;
       (B) consider temporal and geographical zoning, to ensure 
     protection of Sanctuary resources;
       (C) identify needs for research and ecological monitoring; 
     and
       (D) ensure coordination and cooperation between Sanctuary 
     managers and--
       (i) other Federal, State, and local authorities with 
     jurisdiction within or adjacent to the Sanctuary; and
       (ii) owners, operators, and stakeholders with respect to 
     existing oil and gas operations within or adjacent to the 
     Sanctuary.
       (b) Public Participation.--The Secretary shall provide for 
     the participation of the general public in the development of 
     the comprehensive management plan.

     SEC. 8. ADVISORY COUNCIL.

       (a) Establishment.--The Secretary shall establish an 
     advisory council pursuant to section 315 of the Marine 
     Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
     1445a) to advise the Secretary with respect to the 
     designation and management of the Sanctuary.
       (b) Membership.--The Secretary shall include a 
     representative from the Alabama Department of Conservation 
     and Natural Resources as a voting member of the advisory 
     council.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentlewoman from Nevada (Ms. Lee) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 897, the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 897, the Alabama Underwater 
Forest National Marine Sanctuary and Protection Act.
  Representative Carl's legislation seeks to protect an underwater 
forest located 10 miles off the coast of Gulf Shores, Alabama, in the 
Gulf of Mexico.
  At roughly 60,000 years old, this forest provides a window into our 
past in a way that is not found anywhere else on Earth. Protecting this 
resource is critical for the research efforts that it supports.
  This forest was first discovered by local fishermen in 2004 in the 
aftermath of Hurricane Ivan and has received attention from scientists 
and universities around the world.
  H.R. 897 designates the forest as a sanctuary in a manner which 
embraces the multiple use of our Nation's natural resources. The 
legislation protects the forest by prohibiting the cutting or removing 
of the forest's trees while also providing protections for national

[[Page H4464]]

security and law enforcement activity, commercial and recreational 
fishing, and energy production that was previously permitted or 
authorized.
  I commend my colleague, Representative Carl, for his efforts to 
advance the legislation. Mr. Speaker, I support H.R. 897, and I reserve 
the balance of my time.
  Ms. LEE of Nevada. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 897 would establish the Alabama Underwater Forest National 
Marine Sanctuary, which would safeguard a remarkable and ancient 
natural reserve.
  In 2004, Hurricane Ivan unearthed a well-preserved ancient cypress 
forest, still rooted in the mud, 60 feet underwater in the Gulf of 
Mexico, south of Gulf Shores, Alabama.
  Scientific analysis of the cypress trees reveals that they are over 
50,000 years old, dating back to a time when the sea levels were 
approximately 400 feet lower than today.
  This forest is a unique relic of our planet's past and the only known 
site where a coastal forest of such antiquity remains preserved.
  The Alabama underwater forest is a valuable source of information, 
offering insights into ancient climate conditions, regional rainfall 
patterns, insect populations, and plant life on the Gulf Coast before 
humans inhabited the Americas.
  However, its preservation is under threat.
  In 2020, a furniture company applied for a permit from the Army Corps 
of Engineers to harvest the ancient cypress wood for profit.
  Establishing this marine sanctuary will prevent commercial 
exploitation and protect this irreplaceable ecosystem for future 
generations. It will ensure that the site remains undisturbed, allowing 
for continued scientific research and environmental education.
  Additionally, the sanctuary will provide opportunities for ecotourism 
and research, boosting the local economy while fostering a greater 
understanding of our natural heritage.
  I urge my colleagues to support this legislation to protect and 
preserve this unique piece of natural history. Mr. Speaker, I reserve 
the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Alabama (Mr. Carl), the sponsor of this bill.
  Mr. CARL. Mr. Speaker, my bill, the Alabama Underwater Forestry 
National Marine Sanctuary and Protection Act is an important measure to 
safeguard Alabama's ancient underwater cypress forest.
  Importantly, this bill strikes a balance between conservation and 
recreational use of this site. By designating the underwater forest as 
a national marine sanctuary, we are preserving a one-of-a-kind, 60,000-
year-old natural marvel. There isn't anything quite like Alabama's 
underwater forest that has been discovered in terms of the size and the 
age that we are dealing with here.
  The underwater forest offers an opportunity for recreational 
opportunities such as scuba diving and fishing. The bill ensures that 
the site remains protected, prohibiting the removal of ancient trees 
while allowing responsible access for the public. Just like Yellowstone 
or Yosemite, this forest should be accessible to tourists while 
protected from disruptive activities--and this bill does just that.

  It is critical to recognize the benefits that will ripple through 
south Alabama's economy. We are not just preserving a natural wonder; 
we are laying the foundation for sustained economic gains. This 
legislation ensures the underwater cypress forest remains a source of 
pride, wonder, and economic opportunity for generations to come.
  I urge my colleagues to support the passage of this bill.
  Ms. LEE of Nevada. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
  Adoption of H.R. 897 will protect the underwater forest in the Gulf 
of Mexico for future scientific and research efforts while allowing for 
the multiple uses of the Gulf to continue to occur.
  This legislation also ensures that the Department of Commerce and 
NOAA work with State and local officials in Alabama, including the 
State Department of Conservation and Natural Resources. This approach 
to conservation and the protection of natural resources is consistent 
with the approach that Republicans have taken toward these issues 
ensuring that the State and local officials are consulted and that 
voices with varying perspectives are heard and accommodated.
  Mr. Speaker, I will just add that this is a very unique opportunity. 
A little over 20 years ago we had no idea this forest was even there, 
and because the hurricane had deep waves that scoured the forest floor, 
they found this marvelous resource of a cypress forest that once grew 
obviously on dry land when the ocean was at least 60 and probably many 
feet less deep than it is right now.
  To be able to have this to study to tell us more about our past which 
should inform us about our future is truly remarkable.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Westerman) that the House suspend the 
rules and pass the bill, H.R. 897, 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. WESTERMAN. 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, further 
proceedings on this motion will be postponed.

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