[Senate Report 111-65]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-65
_______________________________________________________________________

                                     

                                                       Calendar No. 148
 
THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY 
                            MODIFICATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 380



                                     

                 August 4, 2009.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri           SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota             MEL MARTINEZ, Florida
TOM UDALL, Colorado                  MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Chief of Staff
                   James Reid, Deputy Chief of Staff
                     Bruce Andrews, General Counsel
     Christine Kurth, Republican Staff Director and General Counsel
               Brian Hendricks, Republican Chief Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 148
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-65

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




THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY 
                            MODIFICATION ACT

                                _______
                                

                 August 4, 2009.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 380]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 380) 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 without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of S. 380, the Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Modification Act, is 
to extend the boundaries of the Thunder Bay National Marine 
Sanctuary and Underwater Preserve 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 to provide protection for the underwater 
cultural resources.

                          Background and Needs

    In 1972, Congress passed the Marine Protection, Research, 
and Sanctuaries Act (MPRSA) of 1972 (16 U.S.C. 1431 et seq.). 
Title III of that statute authorized the Secretary of Commerce 
(Secretary) to designate and permanently protect areas of 
national significance within the marine environment due to the 
importance of their conservation, recreational, ecological, 
historical, scientific, cultural, archeological, educational, 
or aesthetic qualities. In 1992, under title II of the Oceans 
Act (P.L. 102-587), the NMSA amended the MPRSA process for 
considering sanctuary designation standards and procedures. 
Currently, a total of thirteen national marine sanctuaries and 
four national marine monuments encompass approximately 150,000 
square miles of marine and Great Lakes waters. Sanctuaries vary 
in size from one square mile to 137,792 square miles.
    The NMSA established the National Marine Sanctuary Program 
(NMSP), which is responsible for identifying, designating, and 
managing ocean and Great Lakes areas as national marine 
sanctuaries. The NMSP has the authority to issue regulations 
for each sanctuary to specify the types of activities that can 
and cannot occur within sanctuary boundaries, which have the 
effect and enforceability of law. A designation document is 
prepared as part of a sanctuary's designation process, which 
defines: (1) the area of the sanctuary; (2) the characteristics 
of the area that give it value; and (3) the types of activities 
that will be subject to regulation to protect those 
characteristics. The National Oceanic and Atmospheric 
Administration (NOAA) is authorized to both recover damages 
from responsible parties that injure sanctuary resources and to 
assess civil penalties for violations of sanctuary regulations. 
Most sanctuaries generally prohibit material discharges into 
the sanctuary, the disturbance of seabed and cultural 
resources, and exploration and development of oil, gas, and 
minerals within the sanctuary.
    The NMSP also establishes management plans, develops 
conservation policy, issues permits, and undertakes strategic 
planning for each sanctuary. Each sanctuary has a community-
based Sanctuary Advisory Council, which is comprised of 
representatives from various public interest organizations, 
scientific and educational organizations, and commercial and 
recreational user groups including fishermen, government 
agencies, and local businesses. The Sanctuary Advisory Council 
advises the sanctuary manager on the designation and/or 
operation of a national marine sanctuary.
    Regulatory changes most often occur during a five-year 
Management Plan Review. During this process, Sanctuary Advisory 
Councils, working groups, and the public may identify issues 
that could lead to the decision to restrict or prohibit certain 
activities in the sanctuary.
    The NMSA has been amended and reauthorized six times, most 
recently in 2000, which authorized funding through the end of 
fiscal year 2005. The 2000 reauthorization of the NMSA included 
a provision that placed a limitation on the creation of new 
sanctuaries in an effort to address the impact of decreasing 
appropriations on the ability to provide sufficient maintenance 
and operation capabilities for established sanctuaries. 
However, the limitation does not prevent the expansion of 
existing sanctuaries.
    The existing 13 national marine sanctuaries and one 
national marine monument have been added to the program through 
three different processes: (1) the NMSP process; (2) 
Congressional designation; and (3) Executive Order. The 
majority of the national marine sanctuaries were added to the 
System through the NMSP process. However, the Hawaiian Islands 
Humpback Whale National Marine Sanctuary and the Stellwagen 
Bank National Marine Sanctuary were designated by provisions 
included in the Oceans Act of 1992, and the Florida Keys 
National Marine Sanctuary and Protection Act designated the 
Florida Keys National Marine Sanctuary, which enveloped the 
existing Key Largo and Looe Key National Marine Sanctuaries in 
1996. The Executive Branch used authorities provided by the 
Antiquities Act of 1906 (16 U.S.C. 431) to designate the 
Papahanaumokuakea National Monument, the Marianas Trench Marine 
National Monument, the Pacific Remote Islands National 
Monument, and the Rose Atoll Marine National Monument as a 
marine national monuments. Paphanaumokuakea National Monument 
is also a national marine sanctuary. To date, the Congress also 
has enacted legislation to expand the boundaries of one 
existing sanctuary. The National Marine Sanctuaries 
Preservation Act of 1996 added Stetson Bank to the Flower 
Garden Banks National Marine Sanctuary.
    The Thunder Bay National Marine Sanctuary was designated on 
October 7, 2000, marking the establishment of the first Great 
Lakes sanctuary. It was established for the purposes of 
providing long-term protection and management to more than 100 
shipwrecks located entirely in state waters. The Sanctuary is 
located off the northeast coast of Michigan's Lower Peninsula, 
marked by the northern and southern limits of Alpena County and 
encompasses 448 square miles of Lake Huron and 115 miles of 
shoreline.
    The legislation would expand the Sanctuary's boundaries to 
include a total of 225 miles of shoreline and 4,085 square 
miles of water. The expansion would provide protection to more 
than 100 additional shipwrecks important to the maritime 
history of Michigan and the Great Lakes. These archeological 
sites are also one of the Nation's best-preserved and 
historically-significant collections of shipwrecks.

                         Summary of Provisions

    The Thunder Bay National Marine Sanctuary and Underwater 
Preserve Boundary Modification Act would extend the Sanctuary's 
boundaries to include 3,722 square miles of Lake Huron and 225 
miles of shoreline off Alcona, Alpena and Presque Isle Counties 
in Michigan and would extend the Sanctuary east to the 
International Boundary. This expansion would include more than 
200 additional shipwrecks and would protect the remains of 
various commercial fishing sites, historic docks, and other 
underwater archaeological sites.
    The regulations currently applicable to the Sanctuary would 
apply to the new area included in the Sanctuary unless the 
Secretary of Commerce specifies otherwise. To the extent 
practicable, the NOAA would apply the existing management plan 
to the area added to the Sanctuary.

                          Legislative History

    On February 4, 2009, the Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Act, S.380, was 
introduced by Senator Levin. The Senate Committee on Commerce, 
Science, and Transportation reported the bill with an amendment 
favorably on May 20, 2009.
    Staff assigned to this legislation are Kristen Sarri, 
Democratic Professional Staff, and Todd Bertoson, Republican 
Senior Counsel.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                     June 16, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 380, the Thunder Bay 
National Marine Sanctuary and Underwater Preserve Boundary 
Modification Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 380--Thunder Bay National Marine Sanctuary and Underwater Preserve 
        Boundary Modification Act

    Summary: S. 380 would expand the boundaries of the Thunder 
Bay National Marine Sanctuary and Underwater Preserve, located 
in Lake Huron and managed jointly by the state of Michigan and 
the National Oceanic and Atmospheric Administration (NOAA). 
Assuming appropriation of the necessary amounts, CBO estimates 
that implementing S. 380 would cost $8 million over 2010-2014 
period. Enacting the bill would have no effect on direct 
spending or revenues.
    S. 380 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 380 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        2        2        2        2        1         9
Estimated Outlays.......................................        1        2        2        2        1         8
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
380 will be enacted near the end of 2009 and that necessary 
funds will be appropriated for the activities authorized by the 
bill for each fiscal year. Estimated outlays are based on 
historical spending patterns for NOAA activities.
    The new boundary of the Thunder Bay National Marine 
Sanctuary and Underwater Preserve would include submerged lands 
off Presque Isle and Alcona counties in Michigan, and outward 
to the international border between the United States and 
Canada. Based on information from NOAA, CBO estimates that the 
agency would need about $1 million per year to administer the 
expanded area and about $5 million in the first few years for 
necessary infrastructure investments, including a new vessel, 
additional office space, and new signs.
    Intergovernmental and private-sector impact: S. 380 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Shannon Fairchild and 
Leo Lex; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    The reported bill would not authorize any new regulations 
and therefore will not subject any individuals or businesses to 
new regulations.

                            ECONOMIC IMPACT

    The bill, as reported, is expected to have a positive 
impact on the nation's economy by increasing tourism and 
expanding sanctuary designation for historic resources.

                                PRIVACY

    The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

    The reported bill would not increase paperwork requirements 
for the private sector. The bill would require the Secretary of 
Commerce to produce updated National Oceanic and Atmospheric 
Administration nautical charts for the areas in which the 
Sanctuaries are located and complete an interim supplemental 
management plan for the Sanctuaries to include the expansion 
areas.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that the 
bill as reported contains no Congressionally directed spending 
items.

                      Section-by-Section Analysis


Section 1. Short Title.

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

Section 2. Findings and Purposes.

    This section would state that the purpose of the Act is to 
expand the boundaries of the Thunder Bay National Marine 
Sanctuary and Underwater Preserve to encompass the offshore 
waters of Presque Island and Alcona counties in Michigan and 
outward to the international border between the United States 
and Canada to protect the underwater cultural resources.

Section 3. Definitions.

    This section would define ``Sanctuary'' as the Thunder Bay 
National Marine Sanctuary and Underwater Preserve, and 
``Secretary'' as the Secretary of Commerce.

Section 4. Sanctuary Boundary Adjustments.

    This section would modify the existing Thunder Bay National 
Marine Sanctuary and Underwater Preserve boundaries to include 
the submerged land and underwater resources off of Alcona, 
Alpena, and Presque Isle counties in Michigan and outward to 
the international boundary with Canada. Also, it would permit 
the Secretary of Commerce to make minor adjustments to the 
boundary to facilitate enforcement and clarify the boundary to 
public. The modified Sanctuary would 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. The Secretary would produce updated 
NOAA nautical charts for the area in which the Sanctuary is 
located.

Section 5. Extension of Regulations and Management.

    This section would apply existing regulations of the 
Thunder Bay National Marine Sanctuary and Underwater Preserve 
to the expanded sanctuary, unless the Secretary of Commerce 
specifies otherwise by regulation. In addition, the Secretary 
would have the authority to certify that any license, permit, 
approval, other authorization, or right to conduct a prohibited 
activity that currently exists in the sanctuary shall apply to 
such an activity conducted within the expanded sanctuary. To 
the extent practicable, the Secretary would apply the 
management plan currently in effect for the sanctuary to the 
expanded sanctuary.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  
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