[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[Senate]
[Pages 22865-22868]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

           NATIONAL MARINE SANCTUARIES AMENDMENTS ACT OF 2000

                                 ______
                                 

                  SNOWE (AND KERRY) AMENDMENT NO. 4322

  Mr. COCHRAN (for Ms. Snowe (for herself and Mr. Kerry)) proposed an 
amendment to the bill (S. 1482) to amend the National Marine 
Sanctuaries Act, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     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 sanctuary 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) Purpose 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 resources 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 areas'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.).

[[Page 22866]]

       ``(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 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; and
       (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 (5) 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).

[[Page 22867]]

       ``(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;
       ``(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, 
     archaeological, 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

[[Page 22868]]

     (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.
       ``(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 
     fradulent 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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