[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[Senate]
[Pages 22870-22879]
[From the U.S. 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--
       ``(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;

[[Page 22871]]

       [``(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;
       ``(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.'';

[[Page 22872]]

       (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.--
       ``(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:

[[Page 22873]]

  (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 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

[[Page 22874]]

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 
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

[[Page 22875]]

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.
  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''.

[[Page 22876]]



     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 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.

[[Page 22877]]

       ``(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,

[[Page 22878]]

     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, 
     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

[[Page 22879]]

     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 
     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''.

                          ____________________