[House Report 106-224]
[From the U.S. Government Publishing Office]






106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-224

======================================================================




 
          NATIONAL MARINE SANCTUARIES ENHANCEMENT ACT OF 1999

                                _______
                                

 July 12, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1243]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1243) to reauthorize the National Marine Sanctuaries Act, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Marine Sanctuaries 
Enhancement Act of 1999''.

                  TITLE I--NATIONAL MARINE SANCTUARIES

SEC. 101. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment 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. 102. FINDINGS; PURPOSES AND POLICIES.

  (a) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
          (1) in paragraph (2) by inserting ``cultural, 
        archaeological,'' after ``educational,''; and
          (2) in paragraph (5) by inserting ``of national marine 
        sanctuaries managed as the National Marine Sanctuary System'' 
        after ``program''.
  (b) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431) is 
amended--
          (1) in paragraph (1) by inserting before the semicolon at the 
        end the following: ``, and to manage these areas as the 
        National Marine Sanctuary System''; and
          (2) in paragraph (4) by inserting before the semicolon at the 
        end the following: ``and of the natural, historical, cultural, 
        and archaeological resources of the National Marine Sanctuary 
        System''.

 SEC. 103. DEFINITIONS.

  Section 302 (16 U.S.C. 1432) is amended as follows:
          (1) Paragraph (2) is amended by striking ``Magnuson Fishery'' 
        and inserting ``Magnuson-Stevens Fishery'';
          (2) Paragraph (6) is amended by striking ``and'' after the 
        semicolon at the end of subparagraph (B), by inserting ``and'' 
        after the semicolon at the end of subparagraph (C), and by 
        adding after subparagraph (C) the following:
                  ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources;''.
          (3) Paragraph (7) is amended by inserting ``, including costs 
        related to seizure, forfeiture, storage, or disposal arising 
        from liability under section 312'' after ``injury''.
          (4) In paragraph (8) by inserting ``cultural, 
        archaeological,'' after ``educational,''.
          (5) In paragraph (9) by striking ``Fishery Conservation and 
        Management''.
          (6) By striking ``and'' after the semicolon at the end of 
        paragraph (8), by striking the period at the end of paragraph 
        (9) and inserting a semicolon, and by adding at the end the 
        following:
          ``(10) `person' means any individual (whether or not a 
        citizen or national of the United States), any corporation, 
        partnership, association, or other entity (whether or not 
        organized or existing under the laws of any State), and any 
        Federal, State, local, or foreign government or any entity of 
        any such government; and
          ``(11) `System' means the National Marine Sanctuary System 
        established by section 303.''.

SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANCTUARY SYSTEM; SANCTUARY 
                    DESIGNATION STANDARDS.

  (a) Establishment of National Marine Sanctuary System.--Section 303 
(16 U.S.C. 1433(a)) is amended by striking the heading for the section 
and all that follows through ``(a) Standards.--'' and inserting before 
the remaining matter of subsection (a) the following:

``SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

  ``(a) Establishment of System; Sanctuary Designation Standards.--
There is established the National Marine Sanctuary System, which shall 
consist of national marine sanctuaries designated by the Secretary in 
accordance with this title.''.
  (b) Sanctuary Designation Standards.--Section 303(b)(1) (16 U.S.C. 
1433(b)(1)) is amended 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 value as a site for monitoring and 
                assessment activities; and
                  ``(K) the value of the area as an addition to the 
                System.''.
  (c) Repeal.--Section 303(b)(3) (16 U.S.C. 1433)(3)) is repealed.

SEC. 105. 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) to the 
                Committee on Resources ofthe House of Representatives 
and the Committee on Commerce, Science and Transportation of the 
Senate;''.
  (b) Sanctuary Designation Documents.--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 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)(i) A resource assessment report documenting 
                present and potential uses of the area proposed to be 
                designated as a national marine sanctuary, including 
                commercial and recreational fishing, research and 
                education, minerals and energy development, subsistence 
                uses, and other commercial, governmental, or 
                recreational uses.
                  ``(ii) The Secretary, in consultation with the 
                Secretary of the Interior, shall draft and include in 
                the report a resource assessment section regarding any 
                commercial, governmental, or recreational resource uses 
                in the area under consideration that are subject to the 
                primary jurisdiction of the Department of the Interior.
                  ``(iii) The Secretary, in consultation with the 
                Secretary of Defense, the Secretary of Energy, and the 
                Administrator, shall draft and include in the report a 
                resource assessment section that includes any 
                information on past, present, or proposed future 
                disposal or discharge of materials in the vicinity of 
                the area proposed to be designated as a national marine 
                sanctuary. Public disclosure by the Secretary of such 
                information shall be consistent with national security 
                regulations.
                  ``(C) A 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 proposed sanctuary.
                          ``(iii) The proposed goals and objectives, 
                        management responsibilities, resource studies, 
                        and appropriate strategies for managing 
                        sanctuary resources of the proposed sanctuary, 
                        including innovative approaches such as marine 
                        zoning, interpretation and education, 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) The proposed regulations referred to in 
                        paragraph (1)(A).
                  ``(D) Maps depicting the boundaries of the proposed 
                sanctuary.
                  ``(E) The basis of the findings made under section 
                303(a)(2) with respect to the area.
                  ``(F) An assessment of the considerations under 
                section 303(b)(1).
                  ``(G) 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.''.
  (c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 1434(a)(4)) 
is amended by inserting ``cultural, archaeological,'' after 
``educational,''.
  (d) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C. 
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary''.
  (e) 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 or 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.''.
  (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) Funding required.--The Secretary may not prepare any 
        sanctuary designation documents for a proposed designation of a 
        national marine 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) Limitation on application.--Paragraph (1) does not 
        apply to any sanctuary designation documents for a Thunder Bay 
        National Marine Sanctuary.''.

SEC. 106. PROHIBITED ACTIVITIES.

  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 subject to such 
                person's control for the purposes of conducting any 
                search or inspection in connection with the enforcement 
                of this title;
                  ``(B) forcibly assaulting, resisting, opposing, 
                impeding, intimidating, or interfering with 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. 107. ENFORCEMENT.

  (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 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,''.

SEC. 108. MONITORING.

  (a) Provision of Support or Coordination.--Section 309(a) (16 U.S.C. 
1440(a)) is amended by inserting ``, support, or coordinate'' after 
``conduct''.
  (b) Sanctuary Resource Centers.--Section 309 (16 U.S.C. 1440) is 
amended by adding at the end the following:
  ``(c) Sanctuary Resource Centers.--(1) The Secretary may establish 
facilities to promote national marine sanctuaries and the purposes and 
policies of this title.
  ``(2) The Secretary may establish a facility under this subsection in 
partnership with any person located near a national marine sanctuary, 
pursuant to an agreement under section 311.''.

SEC. 109. SPECIAL USE PERMITS.

  Section 310 (16 U.S.C. 1441) is amended--
          (1) in subsection (b)(4), by inserting ``, or post an 
        equivalent bond,'' after ``general liability insurance'';
          (2) by amending subsection (c)(2)(C) to read as follows:
                  ``(C) an amount that represents the fair market value 
                of the use of the sanctuary resources.'';
          (3) in subsection (c)(3)(B), by striking ``designating and'';
          (4) in subsection (c) 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 use of 
        sanctuary resources.''; and
          (5) by adding at the end the following:
  ``(g) Notice.--The Secretary shall provide public notice of any 
determination that a category of activity may require a special use 
permit under this section.''.

SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.

  (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 non-reimbursable 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. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.

  Section 312 (16 U.S.C. 1443) is amended--
          (1) in subsection (c)--
                  (A) by inserting ``(1)'' before the first sentence;
                  (B) in paragraph (1) (as so designated) in the first 
                sentence by striking ``in the United States district 
                court for the appropriate district''; and
                  (C) 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.''; and
          (2) 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. 112. 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, $26,000,000 for each of fiscal 
        years 2000, 2001, 2002, 2003, and 2004; and
          ``(2) for construction projects at national marine 
        sanctuaries, $3,000,000 for each of fiscal years 2000, 2001, 
        2002, 2003, and 2004.''.

SEC. 113. ADVISORY COUNCILS.

  Section 315(a) (16 U.S.C. 1445a(a)) is amended by striking ``provide 
assistance to'' and inserting ``advise''.

SEC. 114. USE OF NATIONAL MARINE SANCTUARY PROGRAM SYMBOLS.

  Section 316 (16 U.S.C. 1445b) is amended--
          (1) 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,'';
          (2) 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
          (3) 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.''.

SEC. 115. 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. 6 1433(b)(2)(A)).
          (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
          (3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
  (b) Correction of References to Renamed Act.--
          Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by 
        striking ``Fishery Conservation and Management''.
  (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is 
amended by striking ``United States'' and inserting ``united states''.

                           TITLE II--RESERVES

SEC. 201. POLICIES AND PURPOSES.

  (a) Declaration of Policy.--Section 303 of Public Law 94-370 (16 
U.S.C. 1452) is amended by striking ``and'' after the semicolon in 
paragraph (5), by striking the period at the end of paragraph (6) and 
inserting a semicolon, and by adding at the end the following:
          ``(7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 to 
        improve the understanding, stewardship, and management of 
        coastal areas; and
          ``(8) to encourage the development, application, and transfer 
        to local, State, and Federal resources managers of innovative 
        coastal and estuarine resources management technologies and 
        techniques that promote the long-term conservation of coastal 
        and estuarine resources.''.
  (b) Purpose.--
          (1) In general.--Section 315(a) of such Act (16 U.S.C. 
        1461(a)) is amended by adding at the end the following: ``The 
        purpose of each national estuarine reserve and of the System is 
        to improve the understanding, stewardship, and management of 
        coastal areas.''.
          (2) Definition.--Section 304(8) of such Act (16 U.S.C. 
        1453(8)) is amended to read as follows:
  ``(8) The term `national estuarine reserve' means an area that is a 
national estuarine reserve under section 315.''.

SEC. 202. AREAS THAT MAY BE DESIGNATED.

  Section 315(b) of such Act (16 U.S.C. 1461(b)) is amended by adding 
at the end the following:
``An area designated under this section may include any part or all of 
an estuary and any island, transitional area, and upland in, adjoining, 
or adjacent to such estuary, that constitutes, to the extent feasible, 
a natural unit.''.

SEC. 203. DONATIONS.

  Section 315(e) of such Act (16 U.S.C. 1461(e)) is amended by adding 
at the end the following:
  ``(4)(A) The Secretary may--
          ``(i) enter into cooperative agreements or contracts, with, 
        or make grants to, any nonprofit organization established to 
        benefit a national estuarine reserve, authorizing the 
        organization to solicit donations to carry out projects, other 
        than general administration of the reserve or the System, that 
        are consistent with the purpose of the reserve and the System; 
        and
          ``(ii) accept donations of funds and services for use in 
        carrying out projects, other than general administration of a 
        national estuarine reserve or the System, that are consistent 
        with the purpose of the reserve and the System.
  ``(B) Donations accepted under this paragraph shall be considered as 
a gift or bequest to or for the use of the United States for carrying 
out this section.''.

SEC. 204. EVALUATIONS.

  Section 315(f)(1) of such Act (16 U.S.C.1461(f)(1)) is amended by 
inserting ``coordination with State programs established under section 
306,'' after ``including''.

SEC. 205. AUTHORIZATION.

  Section 318(a) of such Act (16 U.S.C. 1464(a)) is amended by striking 
``and'' after the semicolon at the end of paragraph (1)(C), and by 
striking paragraph (2) and inserting the following:
          ``(2) for grants under section 315--
                  ``(A) $7,000,000 for fiscal year 2000;
                  ``(B) $8,000,000 for fiscal year 2001;
                  ``(C) $9,000,000 for fiscal year 2002;
                  ``(D) $10,000,000 for fiscal year 2003; and
                  ``(E) $11,000,000 for fiscal year 2004; and
          ``(3) for grants for construction projects at national 
        estuarine reserves designated under section 315, $12,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.
  Amend the title so as to read:

      A bill to reauthorize and amend the National Marine 
Sanctuaries Act, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 1243, as ordered reported, is to reauthorize 
and amend the National Marine Sanctuaries Act, and for other purposes.

                  Background and Need for Legislation

    The National Marine Sanctuaries Act of 1972 (NMSA, 16 U.S.C. 1431 
et seq.) was passed as Title III of Public Law 92-532. The NMSA 
authorizes the Secretary of Commerce, acting through the National 
Oceanic and Atmospheric Administration (NOAA), to designate and manage 
areas of the marine environment with nationally significant aesthetic, 
ecological, historical, or recreational values as National Marine 
Sanctuaries. The purposes and policies of the NMSA state multiple 
goals: to protect marine resources, such as coral reefs, sunken 
historical vessels or unique habitats, while facilitating all 
compatible public and private uses of those resources. The current 
authorization of appropriations expires on September 30, 1999.
    NOAA administers the National Marine Sanctuary Program through the 
Marine Sanctuaries Division of the Office of Ocean and Coastal Resource 
Management. Twelve areas have been designated as National Marine 
Sanctuaries (Table 1). They range in size from less than one square 
mile (Fagatele Bay in American Samoa) to over 5,300 square miles 
(Monterey Bay in California) and include nearshore coral reefs, open 
ocean and shipwrecks. Six of the 12 sanctuaries have been designated 
since 1990. One additional area, Thunder Bay, Michigan, is an active 
candidate for designation. These sanctuaries support valuable 
commercial activities such as fishing and kelp harvesting while 
providing areas for public education, monitoring, research, and 
sportfishing.


    The Secretary may designate an area as a National Marine 
Sanctuary if the area meets the criteria established in the 
NMSA. Sanctuary designations must consider the site's 
aesthetic, conservation, ecological, recreational, educational, 
historical and research values. Congress has the authority to 
review a sanctuary designation before it becomes final. In the 
case of a sanctuary which is located partially or wholly within 
the seaward boundary of any State, the Governor of that State 
has the authority to fully or partially block designation in 
State waters. Congress has legislatively designated five 
National Marine Sanctuaries, and has passed legislation 
relating to several others.
    The NMSA protects areas designated as National Marine 
Sanctuaries in several ways. First, the NMSA provides civil 
penalties for persons who destroy, cause the loss of, or injure 
sanctuary resources protected under a sanctuary's regulations. 
Persons who interfere with the enforcement of sanctuary 
regulations also face civil penalties. Sanctuaries are covered 
by strict vessel liability provisions, which apply to oil 
spills, groundings, or other actions that damage marine 
sanctuary resources. Second, the NMSA requires that federal 
agencies conducting activities likely to affect sanctuary 
resources consult with the Secretary of Commerce. Third, 
legislation establishing a sanctuary can also limit activities 
there. For example, amendments to the NMSA prohibit offshore 
oil and gas leasing within the Monterey Bay National Marine 
Sanctuary.
    Sanctuaries are managed on a site-by-site basis according 
to detailed sanctuary management plans, prepared NOAA and 
published in the Federal Register. The Secretary is authorized 
to establish advisory councils to provide assistance in 
designating and managing National Marine Sanctuaries. In most 
cases, advisory councils are established prior to designation, 
and may remain active after designation. Six sanctuaries 
currently have actively operating advisory councils. The 
Secretary also works with appropriate Regional Fishery 
Management Councils established under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) to prepare fishing regulations for sanctuaries within the 
U.S. 200-mile Exclusive Economic Zone.
    H.R. 1243 would reauthorize the National Marine Sanctuary 
Program for five years at the Administration's fiscal year 2000 
funding request levels. This includes $26 million to operate 
the sanctuaries and $3 million for construction projects at the 
sanctuaries annually. Although the NMSA has been in existence 
for 27 years, not all of the existing sanctuary management 
plans have been fully implemented. NOAA believes that only 31 
percent of sanctuary sites have reached a ``baseline 
operational level.'' The increased authorization is needed to 
improve operations at existing sanctuaries, which have been 
chronically underfunded. The Committee believes that this level 
of funding will allow the agency to bring the National Marine 
Sanctuary Program up to the minimum funding level required to 
operate the existing sanctuaries, make progress on site 
characterizations, improve outreach and local involvement at 
the sites, and plan for future needs. The construction funds 
will be used to develop sanctuary visitor centers in 
cooperation with other federal agencies and existing aquaria, 
museums, universities and other facilities.
    The Committee is concerned with the operation, 
administration and maintenance of existing sanctuaries. To 
address this concern, H.R. 1243 prohibits NOAA from designating 
additional sanctuaries or undertaking any new efforts to 
propose additional sanctuaries until the Secretary can 
determine that the addition of a new sanctuary will not have a 
negative impact on existing sanctuaries and that sufficient 
funding is available to effectively implement sanctuary 
management plans and make progress towards completing site 
characterization studies within 10 years.
    Title II of H.R. 1243 reauthorizes the National Estuarine 
Research Reserve System for five years. Authorization of 
appropriations for the System expires on September 30, 1999. 
The reserves are well-established federal and State 
partnerships funded through NOAA's Office of Ocean and Coastal 
Resources Management, Estuarine Reserves Division. Day-to-day 
management of the reserves remains the responsibility of State 
and local authorities. The System was established as part of 
the 1972 Coastal Zone Management Act (16 U.S.C. 1451 et seq.) 
to protect key areas suitable for study, monitoring and public 
education activities related to coastal issues and estuarine 
habitat. National Estuarine Research Reserves are not 
affiliated with the National Estuary Program administered by 
the Environmental Protection Agency under the Clean Water Act.
    Estuaries are vibrant, dynamic ecosystems that provide 
habitat for many plant, animal and important fish species. In 
addition to acting as nurseries for juvenile fish and wintering 
grounds for migratory waterfowl, these coastal wetlands provide 
flood control benefits and protect shorelines from storm 
damage. Despite their importance, many estuaries suffer from 
degraded habitat, poor water quality, harmful algal blooms and 
face increasing development pressure. The problems faced by 
these systems are poorly understood and the values these areas 
provide are often difficult to quantify. The National Estuarine 
Research Reserve System is an important component of this 
Nation's resource protection and management efforts. Currently, 
the System consists of 23 reserves in 20 States and 
territories, covering nearly 1,000,000 acres of land and water 
habitat (Table 2). The acreage of the System is expected to 
increase with the addition of four new reserves into the System 
in the near future.


                            Committee Action

    H.R. 1243 was introduced by Congressmen Jim Saxton (R-NJ) 
on March 24, 1999. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On May 6, 1999, 
the Subcommittee held a hearing on the bill. Testimony was 
received from Ms. Sally Yozell, Deputy Assistant Secretary for 
Oceans and Atmosphere (NOAA) and Dr. Jane Lubchenco, 
Distinguished Professor of Zoology at Oregon State University. 
The Department of Commerce submitted its official views on H.R. 
1243 on May 26, 1999. The Administration generally supported 
the legislation, but enumerated several concerns regarding the 
language of the sanctuary designation moratorium. On May 27, 
1999, the Subcommittee met to mark up the bill. Mr. Saxton 
offered an amendment in the nature of a substitute which 
addressed many of the Administration's concerns. The amendment 
was adopted by voice vote, and the bill, as amended, was 
ordered favorably reported to the Full Committee on Resources 
by voice vote. On June 9, 1999, the Full Resources Committee 
met to consider the bill. Mr. Saxton offered an amendment in 
the nature of a substitute to resolve remaining issues and 
revise the language pertaining to the sanctuary designation 
moratorium. This amendment was adopted by voice vote. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    The short title of H.R. 1243 is the ``National Marine 
Sanctuary Enhancement Act of 1999.''

                  title i national marine sanctuaries

Section 101. Amendment of National Marine Sanctuaries Act

    Except as otherwise provided, all references in Title I of 
H.R. 1243 refer to the National Marine Sanctuaries Act (16 
U.S.C. 1431 et seq.).

Section 102. Findings; purposes and policies

    This section amends the findings, purposes and policies of 
the NMSA to include maintaining and preserving ``cultural and 
archeological resources'' in addition to ``natural and living 
resources.'' Section 102 also establishes the existing 
sanctuaries as the National Marine Sanctuary System for the 
purpose of managing the sanctuaries as a system.

Section 103. Definitions

    Section 103 amends Section 302 of the NMSA to correct the 
reference to the Magnuson-Stevens Fishery Conservation and 
Management Act, and amend the definition of ``damages'' to 
include ``the cost of curation and conservation of 
archeological, historical, and cultural sanctuary 
resources.''The term ``response costs'' is amended to include ``costs 
related to seizure, forfeiture, storage, or disposal arising from 
liability under a response action.'' Under this definition of response 
costs, the Secretary is allowed to collect the costs of seizure, 
forfeiture, storage and disposal incurred by the federal government as 
part of a response effort. The term ``sanctuary resource'' is amended 
to include cultural and archaeological values. This section also 
creates new definitions for the terms ``person'' and ``System.'' The 
term ``person'' is identical to that used in the Magnuson-Stevens 
Fishery Conservation and Management Act. ``System'' means the National 
Marine Sanctuary System established in Section 104 of H.R. 1243.

Section 104. Establishment of National Marine Sanctuary System; 
        sanctuary designation standards

    Section 104 amends Section 303 of the NMSA to incorporate 
the existing sanctuaries into the National Marine Sanctuary 
System and add two new factors for consideration by the 
Secretary when proposing new sanctuaries. Prior to designating 
a new sanctuary, the Secretary must consider the area's value 
as a site for ocean assessment and monitoring, and the benefits 
to the System of adding the proposed sanctuary. Section 104 
also moves the requirements pertaining to the resource 
assessment report to NMSA Section 304. This move consolidates 
the information needed for sanctuary designation and 
implementation of sanctuary management plans.

Section 105. Procedures for sanctuary designation and implementation

    This section restructures the procedures the Secretary must 
follow to designate sanctuaries. Currently, sanctuary 
designation activities are scattered throughout the NMSA. This 
section is intended to clarify the procedure, and does not add 
any new requirements or remove any existing requirements. 
Section 105 amends NMSA Section 304 to include a list of all of 
the documents the Secretary needs to prepare to propose a new 
sanctuary. These include a draft environmental impact 
statement, resource assessment report, draft management plan, 
terms of designation, proposed regulations, and maps. 
Additionally, the Secretary is required to submit notice of the 
sanctuary proposal to the Committee on Resources of the House 
of Representatives and the Committee on Commerce, Science and 
Transportation of the Senate. Section 105 also requires other 
federal agencies to work with the Secretary and take 
responsibility to mitigate destruction, loss of, or injury to, 
sanctuary resources when taking an action contrary to a 
recommended alternative given by the Secretary, and that action 
causes injury to a sanctuary resource.
    Section 105 prohibits the Secretary from designating 
additional sanctuaries until the Secretary publishes a finding 
that the addition of the new sanctuary will not have a negative 
impact on the System, and that sufficient funding is available 
to implement sanctuary management plans and complete site 
characterization studies within 10 years. This limitation does 
not apply to the proposed Thunder Bay Sanctuary.

Section 106. Prohibited activities

    Section 106 amends Section 306 of the NMSA to make it 
illegal to offer for sale, purchase, import or export sanctuary 
resources. Currently, it is only illegal to sell sanctuary 
resources. Section 106 also provides an explicit list of 
activities that constitute ``interfering with the enforcement'' 
of the NMSA, including the following: refusing to permit any 
authorized officer to board a vessel to conduct a search; 
forcibly assaulting or resisting any person authorized to 
enforce the NMSA; and knowingly and willfully submitting false 
information to the Secretary in connection with a search. This 
change is necessary because Section 107 of H.R. 1243 
establishes criminal penalties for persons who interfere with 
the enforcement of the NMSA.

Section 107. Enforcement

    Section 107 amends Section 307 of the NMSA to grant 
authorized officials the authority to arrest any person if 
there is reasonable cause to believe that the person has 
committed a prohibited act under the NMSA. This section 
includes, for the first time, criminal penalties for 
interfering with the enforcement of the NMSA in addition to the 
existing civil penalties for lesser infractions. The listed 
criminal offenses include: refusing to allow an authorized 
search; forcibly assaulting or resisting an officer, and 
knowingly and willfully submitting false information. 
Punishment for these crimes includes fines and prison sentences 
under Title 18 of the U.S. Code and is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act. 
Section 107 also authorizes the Secretary to subpoena 
electronic files needed in connection with an investigation 
under the NMSA.

Section 108. Monitoring

    Section 108 amends Section 309 of the NMSA to allow the 
Secretary to support or coordinate monitoring and research 
activities carried out by third parties such as universities, 
non-profit groups, and other government agencies in National 
Marine Sanctuaries. Currently, NOAA is required to conduct all 
monitoring and research at the sanctuaries. This change will 
allow NOAA to enter into partnerships to carry out these types 
of activities. Section 108 authorizes the Secretary to 
establish Sanctuary Resource Centers which are intended to be 
visitor and education centers necessary to carry out the 
purposes, policies and management plans of the sanctuaries. In 
lieu of new construction, the Secretary is encouraged to enter 
into partnerships and agreements with existing facilities such 
as aquaria, universities or other government agencies that are 
located near the appropriate sanctuary when establishing 
Sanctuary Resource Centers.

Section 109. Special use permits

    Section 109 amends Section 310 of the NMSA to allow persons 
applying for a special use permit to post a bond instead of 
maintaining liability insurance. Section 310 of the NMSA 
already allows the Secretary to charge fees for special use 
permits that represent the fair market value of the use. 
Section 109 of H.R. 1243 allows the Secretary to continue 
charging fees for special use permits that represent fair 
market value, but deletes the phrase ``and a reasonable return 
to the United States Government.'' Section 109 allows the 
Secretary to waive or reduce the fees, or accept in-kind 
contributions, when the activity carried out under the special 
use permit is not intended to derive profitfrom the sanctuary 
(e.g., educational and research activities). This section also requires 
the Secretary to provide public notice of the categories of activities 
that may require special use permits under this section. Recreational 
fishing is covered under 16 U.S.C. 1434(a)(5), and other applicable 
State and federal laws, and is not subject to special use permits under 
this section.

Section 110. Cooperative agreements, donations and acquisitions

    Section 110 clarifies Section 311 of the NMSA regarding 
cooperative agreements, grants, contracts and other agreements 
between the Secretary and other parties. Section 110 allows the 
Secretary to apply for and use grants provided under other 
federal programs to carry out the purposes and policies of the 
National Marine Sanctuaries Act. The Secretary is authorized to 
enter into contracts or other agreements with other government 
agencies (federal, State or local) to coordinate resources, 
capital, and personnel for use in the sanctuaries. This 
provision allows NOAA to contract with local authorities for 
monitoring, enforcement and other activities that can be more 
efficiently carried out using existing non-federal personnel 
and assets.

Section 111. Destruction of, loss of, or injury to, sanctuary resources

    Section 111 amends Section 312 of the NMSA to give the 
Secretary the option to commence a civil action for damage to a 
sanctuary resource in the United States district court for any 
district which the defendant is located, the vessel which 
damaged the resource is located, or sanctuary resource 
location. Current law does not specify the venue for a civil 
action brought by the Secretary under the NMSA. Section 111 
also places a three-year statute of limitations on actions 
brought by the Secretary to recover response costs that result 
from an injury to sanctuary resources. The limitation begins 
three years from the date that the Secretary completes a damage 
assessment and restoration plan. Existing law places no statute 
of limitations on actions to recover response costs.

Section 112. Authorization of appropriations

    Section 112 amends Section 313 of the NMSA. It authorizes 
$26 million for operations at the sanctuaries and $3 million 
for construction projects at the sanctuaries for each of fiscal 
years 2000 through 2004.

Section 113. Advisory councils

    This section amends Section 315 of the NMSA to clarify the 
role of advisory councils from ''provide assistance to'' the 
Secretary to ``advise'' the Secretary.

Section 114. Use of National Marine Sanctuary Program symbols

    Under Section 316 of the NMSA, the Secretary may authorize 
the use of sanctuary logos and symbols by official sanctuary 
sponsors. Section 114 allows the Secretary to authorize the 
use, manufacture, reproduction, or any other use, including the 
sale of items bearing sanctuary symbols and logos, by official 
sanctuary sponsors as well as by non-financial sanctuary 
partners (known as collaborators) provided that such use is 
beneficial to the System. Section 114 makes it unlawful for any 
person to manufacture, reproduce, or otherwise use official 
sanctuary logos or symbols unless specifically authorized by 
the Secretary.

Section 115. Clerical amendments

    Section 115 makes numerous technical corrections to the 
NMSA, including correcting references from the defunct Merchant 
Marine and Fisheries Committee to the Committee on Resources of 
the House of Representatives, and correcting the references to 
the Magnuson-Stevens Fishery Conservation and Management Act.

                           title ii--reserves

Section 201. Policies and purposes

    Section 201 clarifies the policies of the 1972 Coastal Zone 
Management Act (CZMA, 16 U.S.C. 1451 et seq.) as they pertain 
to the National Estuarine Research Reserve System. Section 201 
amends Section 303 of the CZMA to state that it is the policy 
of the National Estuarine Research Reserve System to develop 
federal, State and community partnerships to improve the 
understanding, management and stewardship of coastal areas and 
to encourage the development, application and transfer of 
innovative coastal management technologies to local, State and 
federal resource managers. Section 201 also replaces the 
definition of the term ``estuarine sanctuary'' with ``national 
estuarine reserve'' in Section 304 of the CZMA.

Section 202. Areas that may be designated

    Section 202 amends Section 315 of the CZMA to clarify that 
areas designated as estuarine reserves may include estuaries, 
islands, transitional lands, and adjoining upland to the extent 
that this land constitutes a natural ecosystem unit, such as a 
watershed.

Section 203. Donations

    Section 203 amends CZMA Section 315 to authorize the 
Secretary to enter into cooperative agreements and contracts 
with, or make grants to, any nonprofit organization established 
to benefit a National Estuarine Research Reserve, to the extent 
that such activities are consistent the purposes of the 
National Estuarine Research Reserve System. The Secretary is 
also authorized to accept donations to carry out research and 
education projects at the reserves. This change allows the 
estuarine reserves to use volunteers and donations, and is 
consistent with existing law pertaining to National Marine 
Sanctuaries and National Wildlife Refuges.

Section 204. Evaluations

    Under existing law, the Secretary is required to 
periodically evaluate the operations and activities of the 
National Estuarine Research Reserves. Section 204 amends the 
CZMA to require the Secretary to include an evaluation of 
efforts to coordinate reserve activities with State coastal 
zone management programs established under the Coastal Zone 
Management Act.

Section 205. Authorization

    Section 205 amends Section 318 of the CZMA to authorize the 
following appropriations to administer the National Estuarine 
Research Reserve Program: $7 million in fiscal year 2000; $8 
million in fiscal year 2001; $9 million in fiscal year 2002; 
$10 million in fiscal year 2003; and $11 million in fiscal year 
2004. This section also authorizes $12 million for construction 
at the reserves for each of fiscal years 2000 through 2004.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    H.R. 1243 reauthorizes funding for an existing advisory 
committee whose functions could not be performed by one or more 
agencies, or by enlarging the mandate of another existing 
advisory committee.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 1243 would increase revenues to the federal 
government and also increase direct spending but that the bill 
``would not have a significant effect on the federal budget in 
any year.''
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 1, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1243, the National 
Marine Sanctuaries Enhancement Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                          Barry A. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1243--National Marine Sanctuaries Enhancement Act of 1999

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that implementing H.R. 1243 would cost the 
federal government $225 million over the 2000-2004 period. (The 
balance of $25 million of the authorized funds would be spent 
in subsequent years.) The bill could affect direct spending and 
governmental receipts; therefore, pay-as-you-go procedures 
would apply. CBO estimates, however, that any effects on 
receipts or direct spending would be minimal. H.R. 1243 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). State and 
local governments might incur some costs as a result of the 
bill's enactment, but these costs would be voluntary.
    H.R. 1243 would amend the National Marine Sanctuaries Act, 
which authorizes and governs two programs carried out by the 
National Oceanic and Atmospheric Administration (NOAA): the 
National Marine Sanctuaries System (NMSS) and the National 
Estuarine Research Reserve System (NERRS). The amendments would 
streamline the process for designating new sites for the NMSS, 
strengthen existing enforcement measures, and authorize new 
construction activities at units of the two systems. In 
addition, the bill would authorize appropriations for new and 
existing activities to support these systems.
    Title I would authorize the appropriation of $26 million 
annually over the 2000-2004 period for operation of the NMSS 
and $3 million annually over the same period for new 
construction projects at marine sanctuaries. Title II would 
authorize appropriations for grants made under the NERRS 
program. The bill would authorize grants for new construction 
projects at national estuarine reserves ($12 million annually 
over the 2000-2004 period) and grants for reserve operations 
and other NERRS purposes ($7 million for 2000, $8 million for 
2001, $9 million for 2002, $10 million for 2003, and $11 
million for 2004).
    In addition to amendments made to streamline or enhance the 
NMSS and NERRS programs and to the authorizations of 
appropriations for the two systems, other provisions of the 
bill would:
          Increase civil penalties imposed on persons who 
        damage sanctuary resources and make other federal 
        agencies who take actions (other than those recommended 
        by NOAA) that affect marine sanctuaries liable for the 
        costs of mitigating any harm and restoring or replacing 
        damaged resources:
          Change the way NOAA sets fees for special use permits 
        at sanctuaries;
          Clarify how NOAA may collaborate with other entities 
        in using NMSS symbols to enhance the system;
          Allow the agency to apply for, accept, and use grant 
        funds from state, local, and regional government 
        agencies; and
          Authorize the agency to accept and use donations from 
        nonprofit groups (under cooperative agreements) and 
        others in carrying out activities at national 
        estuaries.
    Other provisions of the bill, most of which would make 
technical amendments to the National Marine Sanctuaries Act, 
would have little or no effect on the federal budget.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1243 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For purposes of this estimate, CBO assumes that the entire 
amounts authorized for all activities will be appropriated in 
each fiscal year. Outlays are based on historical spending 
patterns for the affected programs or, in the case of the new 
construction authorizations, similar activities of NOAA.
    Section 105 of H.R. 1243 would specifically make federal 
agencies liable for damages they may cause to marine 
sanctuaries if their activities are not approved or recommended 
by NOAA. The costs of mitigating damage to sanctuaries and 
restoring or replacing damaged resources could be significant, 
but CBO believes that such costs would have been incurred under 
existing law even in the absence of this provision.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        1999      2000      2001      2002      2003      2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\............................        26         0         0         0         0         0
    Estimated Outlays...............................        21         7         3         2         0         0
Proposed Changes:
    Authorization Level.............................         0        48        49        50        51        62
    Estimated Outlays...............................         0        32        43        48        50        52
Spending Under H.R. 1243:
    Authorization Level \1\.........................        26        48        49        50        40        52
    Estimated Outlays...............................        21        39        46        50        50        52
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year for NMSS and NERRS. Of this amount, about $7 million
  was appropriated for construction at national estuaries.

    Section 106 would amend enforcement provisions of the 
National Marine Sanctuaries Act. Because this section would 
raise civil penalties imposed under the act, governmental 
receipts could increase. CBO estimates that any increases would 
be less than $500,000 a year.
    Several other provisions could affect offsetting receipts 
(a credit against direct spending) or governmental receipts. 
Because all of the changes in such receipts would be offset by 
equal changes in direct spending, none of these provisions 
would have any net effect on the federal budget over time. 
Moreover, most such changes would be negligible. These 
provisions are:
          Section 109, which could result in additional 
        offsetting receipts by making it easier for NOAA to 
        charge fees for special use permits at sanctuaries, and 
        which could result in lower receipts by preventing the 
        agency from recovering certain sanctuary-related 
        expenses and by allowing it to accept in-kind 
        contributions in lieu of fees;
          Section 110, which would allow NOAA to accept and use 
        grants provided by state, local, or regional government 
        agencies.
          Section 114, which would clarify that NOAA may 
        authorize the us of certain symbols of the NMSS by 
        collaborators engaged in joint efforts with the agency 
        to benefit the system; and
          Section 203, which would grant the NERRS program the 
        same authority to collect and use private donations as 
        the NMSS program enjoys.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Several 
provisions of H.R. 1243 could affect direct spending and 
governmental receipts. CBO estimates, however, that these 
provisions would not have a significant effect on the federal 
budget in any year.
    Estimated impact on state, local, and tribal governments: 
H.R. 1243 contains no intergovernmental mandates as defined in 
UMRA. Both of the programs reauthorized by this bill involve 
voluntary participation by state and local governments, 
particularly the National Estuarine Reserve System, which is 
based on established federal and state partnerships.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on state, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    NATIONAL MARINE SANCTUARIES ACT


SEC. 301. FINDINGS, PURPOSES, AND POLICIES.

  (a) Findings.--The Congress finds that--
          (1)  * * *
          (2) certain areas of the marine environment possess 
        conservation, recreational, ecological, historical, 
        research, educational, cultural, archaeological, or 
        esthetic qualities which give them special national, 
        and in some cases international, significance;

           *       *       *       *       *       *       *

          (5) such a Federal program of national marine 
        sanctuaries managed as the National Marine Sanctuary 
        System will also serve to enhance public awareness, 
        understanding, appreciation, and wise use of the marine 
        environment; and

           *       *       *       *       *       *       *

  (b) Purposes and Policies.--The purposes and policies of this 
title are--
          (1) to identify and designate as national marine 
        sanctuaries areas of the marine environment which are 
        of special national significance, and to manage these 
        areas as the National Marine Sanctuary System;

           *       *       *       *       *       *       *

          (4) to enhance public awareness, understanding, 
        appreciation, and wise use of the marine environment 
        and of the natural, historical, cultural, and 
        archaeological resources of the National Marine 
        Sanctuary System;

           *       *       *       *       *       *       *


SEC. 302. DEFINITIONS.

  As used in this title, the term--
          (1)  * * *
          (2) ``Magnuson Act'' means the [Magnuson Fishery] 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.);
          (6) ``damages'' includes--
                  (A)  * * *
                  (B) the cost of damage assessments under 
                section 312(b)(2); [and]
                  (C) the reasonable cost of monitoring 
                appropriate to the injured, restored, or 
                replaced resources; and
                  (D) the cost of curation and conservation of 
                archaeological, historical, and cultural 
                sanctuary resources;
          (7) ``response costs'' means the costs of actions 
        taken or authorized by the Secretary to minimize 
        destruction or loss of, or injury to, sanctuary 
        resources, or to minimize the imminent risks of such 
        destruction, loss, or injury, including costs related 
        to seizure, forfeiture, storage, or disposal arising 
        from liability under section 312;
          (8) ``sanctuary resource'' means any living or 
        nonliving resource of a national marine sanctuary that 
        contributes to the conservation, recreational, 
        ecological, historical, research, educational, 
        cultural, archaeological, or aesthetic value of the 
        sanctuary; [and]
          (9) ``exclusive economic zone'' means the exclusive 
        economic zone as defined in the Magnuson [Fishery 
        Conservation and Management] Act[.];
          (10) ``person'' means any individual (whether or not 
        a citizen or national of the United States), any 
        corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of 
        any State), and any Federal, State, local, or foreign 
        government or any entity of any such government; and
          (11) ``System'' means the National Marine Sanctuary 
        System established by section 303.

[SEC. 303. SANCTUARY DESIGNATION STANDARDS.

  [(a) Standards.--]

SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.

  (a) Establishment of System; Sanctuary Designation 
Standards.--There is established the National Marine Sanctuary 
System, which shall consist of national marine sanctuaries 
designated by the Secretary in accordance with this title. The 
Secretary may designate any discrete area of the marine 
environment as a national marine sanctuary and promulgate 
regulations implementing the designation if the Secretary--
          (1)  * * *

           *       *       *       *       *       *       *

  (b) Factors and Consultations Required in Making 
Determinations and Findings.--
          (1) Factors.--For purposes of determining if an area 
        of the marine environment meets the standards set forth 
        in subsection (a), the Secretary shall consider--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (H) the negative impacts produced by 
                management restrictions on income-generating 
                activities such as living and nonliving 
                resources development; [and]
                  (I) the socioeconomic effects of sanctuary 
                designation[.];
                  (J) the area's value as a site for monitoring 
                and assessment activities; and
                  (K) the value of the area as an addition to 
                the System.
          (2) Consultation.--In making determinations and 
        findings, the Secretary shall consult with--
                  (A) the Committee on [Merchant Marine and 
                Fisheries] Resources of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate;

           *       *       *       *       *       *       *

          [(3) Resource assessment report.--In making 
        determinations and findings, the Secretary shall draft, 
        as part of the environmental impact statement referred 
        to in section 304(a)(2), a resource assessment report 
        documenting 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. The Secretary, in consultation 
        with the Secretary of the Interior, shall draft a 
        resource assessment section for the report regarding 
        any commercial, governmental, or recreational resource 
        uses in the area under consideration that are subject 
        to the primary jurisdiction of the Department of the 
        Interior. The Secretary, in consultation with the 
        Secretary of Defense, the Secretary of Energy, and the 
        Administrator, shall draft a resource assessment 
        section for the report, including information 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.]

SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.

  (a) Sanctuary Proposal.--
          (1) Notice.--In proposing to designate a national 
        marine sanctuary, the Secretary shall--
                  (A)  * * *

           *       *       *       *       *       *       *

                  [(C) on the same day the notice required by 
                subparagraph (A) is issued, the Secretary shall 
                submit to the Committee on Merchant Marine and 
                Fisheries of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate documents, 
                including an executive summary, consisting of--
                          [(i) the terms of the proposed 
                        designation;
                          [(ii) the basis of the findings made 
                        under section 303(a) with respect to 
                        the area;
                          [(iii) an assessment of the 
                        considerations under section 303(b)(1);
                          [(iv) proposed mechanisms to 
                        coordinate existing regulatory and 
                        management authorities within the area;
                          [(v) the draft management plan 
                        detailing the proposed goals and 
                        objectives, management 
                        responsibilities, resource studies, 
                        interpretive and educational programs, 
                        and enforcement, including surveillance 
                        activities for the area;
                          [(vi) an estimate of the annual cost 
                        of the proposed designation, including 
                        costs of personnel, equipment and 
                        facilities, enforcement, research, and 
                        public education;
                          [(vii) the draft environmental impact 
                        statement;
                          [(viii) 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 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.); and
                          [(ix) the proposed regulations 
                        referred to in subparagraph (A).
                  (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) to the Committee 
                on Resources of the House of Representatives 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate;
          [(2) Environmental impact statement.--The Secretary 
        shall--
                  [(A) prepare a draft environmental impact 
                statement, as provided by the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), on the proposal that includes 
                the resource assessment report required under 
                section 303(b)(3), maps depicting the 
                boundaries of the proposed designated area, and 
                the existing and potential uses and resources 
                of the area; and
                  [(B) make copies of the draft environmental 
                impact statement available to the public.]
          (2) Sanctuary designation documents.--The Secretary 
        shall prepare 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)(i) A resource assessment report 
                documenting present and potential uses of the 
                area proposed to be designated as a national 
                marine sanctuary, including commercial and 
                recreational fishing, research and education, 
                minerals and energy development, subsistence 
                uses, and other commercial, governmental, or 
                recreational uses.
                  (ii) The Secretary, in consultation with the 
                Secretary of the Interior, shall draft and 
                include in the report a resource assessment 
                section regarding any commercial, governmental, 
                or recreational resource uses in the area under 
                consideration that are subject to the primary 
                jurisdiction of the Department of the Interior.
                  (iii) The Secretary, in consultation with the 
                Secretary of Defense, the Secretary of Energy, 
                and the Administrator, shall draft and include 
                in the report a resource assessment section 
                that includes any information on past, present, 
                or proposed future disposal or discharge of 
                materials in the vicinity of the area proposed 
                to be designated as a national marine 
                sanctuary. Public disclosure by the Secretary 
                of such information shall be consistent with 
                national security regulations.
                  (C) A 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 
                        proposed sanctuary.
                          (iii) The proposed goals and 
                        objectives, management 
                        responsibilities, resource studies, and 
                        appropriate strategies for managing 
                        sanctuary resources of the proposed 
                        sanctuary, including innovative 
                        approaches such as marine zoning, 
                        interpretation and education, 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) The proposed regulations referred 
                        to in paragraph (1)(A).
                  (D) Maps depicting the boundaries of the 
                proposed sanctuary.
                  (E) The basis of the findings made under 
                section 303(a)(2) with respect to the area.
                  (F) An assessment of the considerations under 
                section 303(b)(1).
                  (G) 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.

           *       *       *       *       *       *       *

          (4) Terms of designation.--The terms of designation 
        of a sanctuary shall include the geographic area 
        proposed to be included within the sanctuary, the 
        characteristics of the area that give it conservation, 
        recreational, ecological, historical, research, 
        educational, cultural, archaeological, or esthetic 
        value, and the types of activities that will be subject 
        to regulation by the Secretary to protect those 
        characteristics. The terms of designation may be 
        modified only by the same procedures by which the 
        original designation is made.

           *       *       *       *       *       *       *

          (6) Committee action.--After receiving the documents 
        under subsection (a)(1)(C), the Committee on [Merchant 
        Marine and Fisheries] Resources of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate may each hold hearings 
        on the proposed designation and on the matters set 
        forth in the documents. If within the forty-five day 
        period of continuous session of Congress beginning on 
        the date of submission of the documents, either 
        Committee issues a report concerning matters addressed 
        in the documents, the Secretary shall consider this 
        report before publishing a notice to designate the 
        national marine sanctuary.
  (b) Taking Effect of Designations.--
          (1)  * * *
          (2) Withdrawal of designation.--If the Secretary 
        considers that actions taken under paragraph (1) will 
        affect the designation of a national marine sanctuary 
        or System in a manner that the goals and objectives of 
        the sanctuary cannot be fulfilled, the Secretary may 
        withdraw the entire designation. If the Secretary does 
        not withdraw the designation, only those terms of the 
        designation not certified under paragraph (1) shall 
        take effect.

           *       *       *       *       *       *       *

  (d) Interagency Cooperation.--
          (1)  * * *

           *       *       *       *       *       *       *

          (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 or 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.

           *       *       *       *       *       *       *

  (f) Limitation on Designation of New Sanctuaries.--
          (1) Funding required.--The Secretary may not prepare 
        any sanctuary designation documents for a proposed 
        designation of a national marine 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) Limitation on application.--Paragraph (1) does 
        not apply to any sanctuary designation documents for a 
        Thunder Bay National Marine Sanctuary.

           *       *       *       *       *       *       *


SEC. 306. PROHIBITED ACTIVITIES.

  It is unlawful for any person to--
          (1) destroy, cause the loss of, or injure any 
        sanctuary resource managed under law or regulations for 
        that sanctuary;
          (2) possess, sell offer for sale, purchase, import, 
        export, deliver, carry, transport, or ship by any means 
        any sanctuary resource taken in violation of this 
        section;
          [(3) interfere with the enforcement of this title; 
        or]
          (3) interfere with the enforcement of this title by--
                  (A) refusing to permit any officer authorized 
                to enforce this title to board a vessel subject 
                to such person's control for the purposes of 
                conducting any search or inspection in 
                connection with the enforcement of this title;
                  (B) forcibly assaulting, resisting, opposing, 
                impeding, intimidating, or interfering with 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
          (4) violate any provision of this title or any 
        regulation or permit issued pursuant to this title.

SEC. 307. ENFORCEMENT.

  (a)  * * *
  (b) Powers of Authorized Officers.--Any person who is 
authorized to enforce this title may--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) execute any warrant or other process issued by 
        any court of competent jurisdiction; [and]
          (5) exercise any other lawful authority[.]; and
          (6) arrest any person, if there is reasonable cause 
        to believe that such person has committed an act 
        prohibited by section 306(3).
  (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 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)] (d) Civil Penalties.--
          (1)  * * *

           *       *       *       *       *       *       *

  [(d)] (e) Forfeiture.--
          (1)  * * *

           *       *       *       *       *       *       *

  [(e)] (f) Payment of Storage, Care, and Other Costs.--
          (1)  * * *

           *       *       *       *       *       *       *

  [(f)] (g) Subpoenas.--In the case of any hearing under this 
section which is determined on the record in accordance with 
the procedures provided for under section 554 of title 5, 
United States Code, the Secretary may issue subpoenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, electronic files, and documents, and 
may administer oaths.
  [(g)] (h) Use of Resources of State and Other Federal 
Agencies.--The Secretary shall, whenever appropriate, use by 
agreement the personnel, services, and facilities of State and 
other Federal departments, agencies, and instrumentalities, on 
a reimbursable or nonreimbursable basis, to carry out the 
Secretary's responsibilities under this section.
  [(h)] (i) Coast Guard Authority Not Limited.--Nothing in this 
section shall be considered to limit the authority of the Coast 
Guard to enforce this or any other Federal law under section 89 
of title 14, United States Code.
  [(i)] (j) Injunctive Relief.--If the Secretary determines 
that there is an imminent risk of destruction or loss of or 
injury to a sanctuary resource, or that there has been actual 
destruction or loss of, or injury to, a sanctuary resource 
which may give rise to liability under section 312, the 
Attorney General, upon request of the Secretary, shall seek to 
obtain such relief as may be necessary to abate such risk or 
actual destruction, loss, or injury, or to restore or replace 
the sanctuary resource, or both. The district courts of the 
United States shall have jurisdiction in such a case to order 
such relief as the public interest and the equities of the case 
may require.
  [(j)] (k) Area of Application and Enforceability.--The area 
of application and enforceability of this title includes the 
territorial sea of the United States, as described in 
Presidential Proclamation 5928 of December 27, 1988, which is 
subject to the sovereignty of the United States, and the United 
States exclusive economic zone, consistent with international 
law.

           *       *       *       *       *       *       *


SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

  (a) In general.--The Secretary shall conduct, support, or 
coordinate research, monitoring, evaluation, and education 
programs as are necessary and reasonable to carry out the 
purposes and policies of this title.

           *       *       *       *       *       *       *

  (c) Sanctuary Resource Centers.--(1) The Secretary may 
establish facilities to promote national marine sanctuaries and 
the purposes and policies of this title.
  (2) The Secretary may establish a facility under this 
subsection in partnership with any person located near a 
national marine sanctuary, pursuant to an agreement under 
section 311.

SEC. 310. SPECIAL USE PERMITS.

  (a)  * * *
  (b) Permit Terms.--A permit issued under this section--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) shall require the permittee to purchase and 
        maintain comprehensive general liability insurance, or 
        post an equivalent bond, against claims arising out of 
        activities conducted under the permit and to agree to 
        hold the United States harmless against such claims.
  (c) Fees.--
          (1)  * * *
          (2) Amount.--The amount of a fee under this 
        subsection shall be equal to the sum of--
                  (A)  * * *

           *       *       *       *       *       *       *

                  [(C) an amount which represents the fair 
                market value of the use of the sanctuary 
                resource and a reasonable return to the United 
                States Government.]
                  (C) an amount that represents the fair market 
                value of the use of the sanctuary resources.
          (3) Use of fees.--Amounts collected by the Secretary 
        in the form of fees under this section may be used by 
        the Secretary--
                  (A)  * * *
                  (B) for expenses of [designating and] 
                managing national marine sanctuaries.
          (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 use of sanctuary resources.

           *       *       *       *       *       *       *

  (g) Notice.--The Secretary shall provide public notice of any 
determination that a category of activity may require a special 
use permit under this section.

SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS.

  [(a) Cooperative Agreements, Grants and Other Agreements.--
The Secretary may enter into cooperative agreements, financial 
agreements, grants, contracts, or other agreements with States, 
local governments, regional agencies, interstate agencies, or 
other persons to carry out the purposes and policies of this 
title].
  (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.

           *       *       *       *       *       *       *

  (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 non-
reimbursable 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. 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.

  (a) Liability.--
          (1) Liability to [United States] united states.--Any 
        person who destroys, causes the loss of, or injures any 
        sanctuary resource is liable to the United States for 
        an amount equal to the sum of--
                  (A)  * * *

           *       *       *       *       *       *       *

  (c) Civil Actions for Response Costs and Damages.--(1) The 
Attorney General, upon request of the Secretary, may commence a 
civil action [in the United States district court for the 
appropriate district] against any person or vessel who may be 
liable under subsection (a) for response costs and damages. The 
Secretary, acting as trustee for sanctuary resources for the 
United States, shall submit a request for such an action to the 
Attorney General whenever a person may be liable for such costs 
or damages.
  (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.

           *       *       *       *       *       *       *

  (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. 313. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Secretary to 
carry out this title--
          [(1) $12,000,000 for fiscal year 1997;
          [(2) $15,000,000 for fiscal year 1998; and
          [(3) $18,000,000 for fiscal year 1999.]

SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary--
          (1) to carry out this title, $26,000,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004; and
          (2) for construction projects at national marine 
        sanctuaries, $3,000,000 for each of fiscal years 2000, 
        2001, 2002, 2003, and 2004.

SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS.

  (a)  * * *
  (b) Interpretation and Display of Artifacts.--
          (1) Submission of plan.--The Secretary shall, within 
        six months after the date of the enactment of this 
        section, submit to the Committee on [Merchant Marine 
        and Fisheries] Resources of the House of 
        Representatives a plan for a suitable display in 
        coastal North Carolina of artifacts and materials of 
        the United States ship Monitor.

           *       *       *       *       *       *       *


SEC. 315. ADVISORY COUNCILS.

  (a) Establishment.--The Secretary may establish one or more 
advisory councils (in this section referred to as an ``Advisory 
Council'') to [provide assistance to] advise the Secretary 
regarding the designation and management of national marine 
sanctuaries. The Advisory Councils shall be exempt from the 
Federal Advisory Committee Act.

           *       *       *       *       *       *       *


SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

  (a) Authority.--The Secretary may establish a program 
consisting of--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) the authorization by the Secretary of the [use of 
        any symbol published under paragraph (1)] manufacture, 
        reproduction, or other use of any symbol published 
        under paragraph (1), including the sale of items 
        bearing such a symbol, by official sponsors of the 
        national marine sanctuary program or of individual 
        national marine sanctuaries;

           *       *       *       *       *       *       *

  (b) Membership.--Members of the Advisory Councils may be 
appointed from among--
          (1)  * * *
          (2) members of relevant Regional Fishery Management 
        Councils established under section 302 of the Magnuson 
        [Fishery Conservation and Management] Act; and

           *       *       *       *       *       *       *

  (e) Prohibited Activities.--It is unlawful for any person--
          (1)  * * *

           *       *       *       *       *       *       *

          [(3) to manufacture, reproduce, or use any symbol 
        adopted by the Secretary absent designation as an 
        official sponsor and without payment of a monetary or 
        in-kind contribution to the Secretary; and]
          (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

           *       *       *       *       *       *       *

  (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.
                              ----------                              


                  COASTAL ZONE MANAGEMENT ACT OF 1972


TITLE III--MANAGEMENT OF THE COASTAL ZONE

           *       *       *       *       *       *       *



                  congressional declaration of policy

  Sec. 303. The Congress finds and declares that it is the 
national policy--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) to encourage coordination and cooperation with 
        and among the appropriate Federal, State, and local 
        agencies, and international organizations where 
        appropriate, in collection, analysis, synthesis, and 
        dissemination of coastal management information, 
        research results, and technical assistance, to support 
        State and Federal regulation of land use practices 
        affecting the coastal and ocean resources of the United 
        States; [and]
          (6) to respond to changing circumstances affecting 
        the coastal environment and coastal resource management 
        by encouraging States to consider such issues as ocean 
        uses potentially affecting the coastal zone[.];
          (7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 
        to improve the understanding, stewardship, and 
        management of coastal areas; and
          (8) to encourage the development, application, and 
        transfer to local, State, and Federal resources 
        managers of innovative coastal and estuarine resources 
        management technologies and techniques that promote the 
        long-term conservation of coastal and estuarine 
        resources.

                              definitions

  Sec. 304. For the purposes of this title--
  (1)  * * *

           *       *       *       *       *       *       *

  [(8) The term ``estuarine sanctuary'' means a research area 
which may include any part or all of an estuary and any 
island,transitional area, and upland in, or adjacent to such estuary, 
and which constitutes to the extent feasible a natural unit, set aside 
to provide scientists and students the opportunity to examine over a 
period of time the ecological relationships within the area.]
  (8) The term ``national estuarine reserve'' means an area 
that is a national estuarine reserve under section 315.

           *       *       *       *       *       *       *


               national estuarine research reserve system

  Sec. 315. (a) Establishment of the System.--There is 
established the National Estuarine Research Reserve System 
(hereinafter referred to in this section as the ``System'' that 
consists of--
          (1)  * * *

           *       *       *       *       *       *       *

Each estuarine sanctuary referred to in paragraph (1) is hereby 
designated as a national estuarine reserve. The purpose of each 
national estuarine reserve and of the System is to improve the 
understanding, stewardship, and management of coastal areas.
  (b) Designation of National Estuarine Reserves.--After the 
date of the enactment of the Coastal Zone Management 
Reauthorization Act of 1985, the Secretary may designate an 
estuarine area as a national estuarine reserve if--
          (1) the Government of the coastal state in which the 
        area is located nominates the area for that 
        designation; and
          (2) the Secretary finds that--
                  (A)  * * *

           *       *       *       *       *       *       *

An area designated under this section may include any part or 
all of an estuary and any island, transitional area, and upland 
in, adjoining, or adjacent to such estuary, that constitutes, 
to the extent feasible, a natural unit.

           *       *       *       *       *       *       *

  (e) Financial Assistance.--(1)  * * *

           *       *       *       *       *       *       *

  (4)(A) The Secretary may--
          (i) enter into cooperative agreements or contracts, 
        with, or make grants to, any nonprofit organization 
        established to benefit a national estuarine reserve, 
        authorizing the organization to solicit donations to 
        carry out projects, other than general administration 
        of the reserve or the System, that are consistent with 
        the purpose of the reserve and the System; and
          (ii) accept donations of funds and services for use 
        in carrying out projects, other than general 
        administration of a national estuarine reserve or the 
        System, that are consistent with the purpose of the 
        reserve and the System.
  (B) Donations accepted under this paragraph shall be 
considered as a gift or bequest to or for the use of the United 
States for carrying out this section.
  (f) Evaluation of System Performance.--(1) The Secretary 
shall periodically evaluate the operation and management of 
each national estuarine reserve, including coordination with 
State programs established under section 306, education and 
interpretive activities, and the research being conducted 
within the reserve.

           *       *       *       *       *       *       *

  Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
          (1) for grants under sections 306, 306A, and 309--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (C) $50,500,000 for fiscal year 1999; [and]
          [(2) for grants under section 315--
                  [(A) $4,400,000 for fiscal year 1997;
                  [(B) $4,500,000 for fiscal year 1998; and
                  [(C) $4,600,000 for fiscal year 1999.]
          (2) for grants under section 315--
                  (A) $7,000,000 for fiscal year 2000;
                  (B) $8,000,000 for fiscal year 2001;
                  (C) $9,000,000 for fiscal year 2002;
                  (D) $10,000,000 for fiscal year 2003; and
                  (E) $11,000,000 for fiscal year 2004; and
          (3) for grants for construction projects at national 
        estuarine reserves designated under section 315, 
        $12,000,000 for each of fiscal years 2000, 2001, 2002, 
        2003, and 2004.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    This bill would reauthorize the National Marine Sanctuaries 
Act (16 U.S.C. 1431 et seq.) and make clarifications and modest 
improvements to the Act. Several of the provisions of this bill 
were drawn from recommendations developed by the 
Administration, and we appreciate the majority's willingness to 
work constructively on these issues. For example, the bill 
provides for a total 5-year authorization of appropriations of 
$130 million for NOAA operations and $15 million for 
construction activities. Sufficient funding for sanctuary 
program operations and facilities is long overdue, and these 
modestly increased amounts recognize legitimate unmet needs.
    Another important provision in the bill authorizes 
establishment of a National Marine Sanctuary System. The 
sanctuary program has grown and matured beyond a simple 
aggregate of remote sites to become a genuine system of ocean 
and coastal resource management areas comparable to the 
existing terrestrial system of fish and wildlife refuges. In 
addition, consolidation of the National Marine Sanctuary 
designation process for new sanctuaries should eliminate 
redundant administrative steps and provide a more timely and 
effective process without sacrificing public participation. We 
also support provisions that would strengthen enforcement 
authorities, establish sanctuary resource centers, clarify the 
applicability and use of special use permits, and broaden the 
program's authority to enter into agreements and to accept 
donations and contributions.
    We hope to work with the majority to clarify unresolved 
questions concerning circumstances of injuries to sanctuary 
resources and NOAA's authority to retain and spend funds 
awarded under natural resource damage settlements or civil 
penalties before this legislation is brought to the House 
floor. Priority use of these recovered funds should be directed 
to reimburse Federal or State agencies for legitimate response 
costs and implement recovery and restoration activities for 
damaged sanctuary resources.
    While we generally support H.R. 1243, we object to the 
inclusion of Title II of the bill which would reauthorize the 
National Estuarine Research Reserve System (NERRS). Our concern 
is not related to the substance of Title II; rather it is our 
view that this language is not germane to the National Marine 
Sanctuaries Act and should instead be included in comprehensive 
reauthorization of the Coastal Zone Management Act (CZMA).
    The National Estuarine Research Reserve System was 
established in 1986 as part of the Coastal Zone Management 
Reauthorization Act of 1985 (PL 99-272, Title VI, Subtitle D) 
and codified as Section 315 of the Coastal Zone Management Act 
(16 U.S.C. 1461). The NERRS has been amended twice in 
subsequent reauthorizations of the CZMA (PL 101-508 and PL 104-
150). Programmatically, the NERRS is administered under the 
same Federal/State partnership as other elements of the CZMA. 
This system of 23 federally-designated reserves fulfills a 
vital function for coastal managers by providing data regarding 
the health and vitality of our Nation's estuaries and 
opportunities for research, monitoring and education regarding 
coastal habitats and estuarine ecosystems.
    Undoubedtly, the NERRS is statutorily and programmatically 
woven into the CZMA; a fact acknowledged by the inclusion of a 
NERRS section in Mr. Saxton's CZMA reauthorization legislation 
(H.R. 1110). But by stripping out NERRS language and putting it 
in this bill, the majority removes an important incentive to 
reauthorize the CZMA. We share the concerns of the Coastal 
States Organization--which represents the interests of the 
Nation's coastal state governors--who fear that this tactic is 
a signal that CZMA reauthorization legislation will not move 
this Congress. Only three years ago, Congress reauthorized the 
CZMA by a near unanimous vote. With 33 out of 35 eligible 
states and territories voluntarily participating under the 
CZMA, this is a successful program attractive to coastal states 
trying to balance competing demands placed on their finite and 
fragile coastal areas. Reauthorization of the CZMA should be a 
top priority for this Committee and the Congress.

                                                     George Miller.

                                

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