[House Report 111-270]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-270

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



 
THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY 
                            MODIFICATION ACT

                                _______
                                

 September 29, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 905]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 905) to expand the boundaries of the Thunder Bay 
National Marine Sanctuary and Underwater Preserve, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.

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

SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.

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

                          PURPOSE OF THE BILL

    The purpose of H.R. 905 is to expand the boundaries of the 
Thunder Bay National Marine Sanctuary and Underwater Preserve, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National Marine Sanctuaries System (System) was 
originally authorized as Title III of the National Marine 
Protection, Research and Sanctuaries Act of 1972. Under this 
law, the Secretary of Commerce, through the National Oceanic 
and Atmospheric Administration (NOAA), is required to identify, 
designate, and manage marine sanctuaries within the nation's 
ocean and Great Lakes waters that contain significant 
conservation, recreation, ecological, historical, aesthetic, 
scientific or educational values. Today, the System includes 13 
marine sanctuaries and one national marine monument. 
Sanctuaries range in size from one-quarter square mile at the 
Fagatele Bay National Marine Sanctuary in American Samoa, to 
more than 135,000 square miles at the Papahanaumokuakea Marine 
National Monument in the Northwestern Hawaiian Islands. In 
general, destructive activities like drilling, mining, 
dredging, dumping waste, or removing artifacts are prohibited 
in marine sanctuaries. Other uses such as commercial shipping 
and fishing, recreational fishing and boating, scientific 
research, scuba diving and wildlife observation, and marine 
tourism are generally allowed where compatible with resource 
protection.
    The Thunder Bay National Marine Sanctuary is the only 
sanctuary in the Great Lakes. The Sanctuary, which is co-
managed with the State of Michigan, covers 448 square miles of 
northwest Lake Huron off the northeast coast of Michigan's 
Lower Peninsula and protects a collection of over 100 
nationally significant shipwrecks. Because the areas 
immediately north and south of the Sanctuary (known locally as 
``shipwreck alley'') contain an equal number of historic wrecks 
that are popular recreational diving destinations, there is 
significant local interest in expanding the boundaries of the 
sanctuary to extend federal protection and the research, 
education and public outreach capabilities of the Sanctuary.

                            COMMITTEE ACTION

    H.R. 905 was introduced on February 4, 2009 by 
Representative Bart Stupak (D-MI). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs, Oceans and Wildlife. On July 
8, 2009 the Subcommittee held a hearing on the bill.
    On July 29, 2009 the Subcommittee was discharged from 
further consideration of H.R. 905 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairwoman Bordallo (D-GU) offered an amendment in the nature 
of a substitute to make minor technical and clarifying changes 
to the boundary coordinates to accurately reflect the 
jurisdictional boundaries of Presque Isle County. The amendment 
was adopted by unanimous consent. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.
    After the bill was ordered reported, a drafting error was 
discovered which unintentionally omitted two coordinates from 
the southern portion of the proposed expansion area. As it was 
never the intention of the Committee to remove these 
coordinates or to change the boundaries of the southern 
expansion area from the boundaries in the bill as introduced, 
the Committee intends to correct this omission when the bill is 
considered on the House floor.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Thunder Bay National Marine Sanctuary and Underwater Preserve 
Boundary Modification Act.''

Section 2. Findings and purposes

    Section 2 states that the resources immediately surrounding 
the current Thunder Bay National Marine Sanctuary ought to be 
properly preserved and the purpose of this Act is to expand the 
Sanctuary to provide equal protection to these resources.

Section 3. Definitions

    Section 3 defines the terms ``Sanctuary'' and 
``Secretary.''

Section 4. Sanctuary boundary adjustment

    Section 4 designates the particular geographic area that 
will be included in the expanded boundary of the Thunder Bay 
National Marine Sanctuary. This section also directs NOAA to 
update charts to include the modified boundaries of the 
Sanctuary.

Section 5. Extension of regulations and management

    Section 5 ensures that regulations applicable to the 
Thunder Bay National Marine Sanctuary will apply to the 
geographic area added to the Sanctuary, that existing 
certifications will apply to the added geographic area and the 
management plan in effect for the Sanctuary on the date of 
enactment will apply to the added geographic area.
    Additionally this section deems that the date of enactment 
of this Act is the date of Sanctuary designation. It should be 
noted that federal law enforcement and penalties within the 
added geographic area will only apply upon the designation. 
There is no intention of retroactive federal law enforcement or 
penalties for the added geographic area.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants 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 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to expand the boundaries of the 
Thunder Bay National Marine Sanctuary and Underwater Preserve.
    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:

H.R. 905. Thunder Bay National Marine Sanctuary and Underwater Preserve 
        Boundary Modification Act

    H.R. 905 would expand the boundary of the Thunder Bay 
National Marine Sanctuary and Underwater Preserve, located in 
Lake Huron and managed jointly by the National Oceanic and 
Atmospheric Administration (NOAA) and the State of Michigan. 
The proposed boundary expansion would encompass submerged lands 
within the Michigan counties of Presque Isle and Acona, ranging 
northward to the United States-Canada border.
    The cost of implementing H.R. 905 is uncertain because the 
bill, as ordered reported by the House Committee on Natural 
Resources, does not specify a new southern boundary for the 
sanctuary. Because the legal description of the proposed 
expansion area omits a coordinate necessary to establish a new 
southern boundary, CBO cannot determine the size of the 
expanded sanctuary (the sanctuary currently encompasses about 
448 square miles).
    Information provided by committee staff, indicates that the 
committee intended to set the new boundary to encompass about 
4,000 square miles. Based on information provided by NOAA (and 
assuming the availability of appropriated funds), we estimate 
that managing a sanctuary of that size would cost $2 million a 
year--about $1 million more than the agency currently spends at 
the sanctuary--beginning in fiscal year 2010. (Depending on 
final Congressional action to establish the southern boundary, 
the additional cost of managing the larger sanctuary could be 
more or less than $1 million a year.) We estimate that 
additional costs for administrative facilities and to revise 
signs and maps would be less than $100,000 over the next two or 
three years.
    H.R. 905 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On June 16, 2009, CBO transmitted a cost estimate for S. 
380, the Thunder Bay National Marine Sanctuary and Underwater 
Preserve Boundary Modification Act, as ordered reported by the 
Senate Committee on Commerce, Science, and Transportation on 
May 20, 2009. The two versions of the legislation are similar. 
The estimate for S. 380 included the cost to acquire a new 
vessel for research, monitoring, and enforcement activities at 
Thunder Bay. Because NOAA recently acquired a vessel that may 
be used for those purposes, CBO now estimates that additional 
spending for infrastructure under both versions of legislation 
would be less than we estimated earlier.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 905 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    While H.R. 905, the Thunder Bay National Marine Sanctuary 
and Underwater Preserve Boundary Modification Act, was reported 
out of the Natural Resources Committee by unanimous consent, 
Members do have concerns about the cost of the legislation to 
the federal taxpayer.
    This legislation would increase the size of the Thunder Bay 
National Marine Sanctuary by almost nine times its current 
size. The current sanctuary and the area to be added are all 
waters and submerged lands of the State of Michigan, yet the 
federal government will be required to fund the costs 
associated with this expansion. This cost is estimated by the 
Congressional Budget Office at more than double the current 
budget for the sanctuary.
    At a time when the costs for the enormous new 
Papahanaumokuakea Marine National Monument offshore Hawaii have 
been added to the National Marine Sanctuary Program without 
additional appropriations, the entire sanctuary program could 
suffer as a result of this legislation. The National Marine 
Sanctuaries Act includes a statutory moratorium on new 
designations enacted due to concerns about funding levels. 
Congress imposed this moratorium because of concerns that the 
National Marine Sanctuary system would grow without money to 
back up the burden on the National Oceanic and Atmospheric 
Administration. Other federal programs such as the National 
Park System and the National Wildlife Refuge System have 
serious maintenance backlogs that have been clearly documented 
by this Committee. The National Marine Sanctuary Program has 
escaped this problem largely due to this language restricting 
growth of the program unless sufficient funds are available.
    Finally, the National Marine Sanctuary Program has enjoyed 
popular support for many years. One of the reasons for this 
popularity is that the program allows multiple uses of the 
offshore areas included within the program. I am pleased that 
H.R. 905 will not add any statutory restrictions on existing or 
future uses of the Thunder Bay National Marine Sanctuary.
                                                      Doc Hastings.

                                  
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