[Senate Report 112-134]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-134
_______________________________________________________________________

                                     

                                                       Calendar No. 299

 
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. 485



                                     

                January 26, 2012.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman

DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
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                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada

                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                Todd Bertoson, Republican Staff Director
            Jarrod Thompson Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 299
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-134

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




THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY 
                            MODIFICATION ACT

                                _______
                                

                January 26, 2012.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 485]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 485) 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 (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 485, 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 of 1972 (MPRSA) (16 U.S.C. 1431 et seq.). Title 
III of that Act 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. Under title II of the Oceans Act of 
1992 (106 Stat. 5039), the National Marine Sanctuaries Program 
Amendments Act of 1992 (NMSA) amended the MPRSA process for 
considering sanctuary designation standards and procedures. 
Currently, a total of 13 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.
  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. 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 both to 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, 
disturbance of seabed and cultural resources, and exploration 
and development of oil, gas, and minerals within the sanctuary.
  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.
  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 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 through three different 
processes: (1) the NMSP process; (2) Congressional designation; 
and (3) Executive Order. The majority of the national marine 
sanctuaries were added through the NMSP process. However, the 
Hawaiian Islands Humpback Whale National Marine Sanctuary and 
the Stellwagen Bank National Marine Sanctuary were designated 
by provisions of the Oceans Act of 1992. 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 marine 
national monuments. Papahanaumokuakea 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 3,722 square 
miles of water. The expansion would provide protection to more 
than 200 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 specifies otherwise. To the extent practicable, NOAA 
would apply the existing management plan to the area added to 
the Sanctuary.
  A provision clarifies that no additional appropriations are 
made or authorized for the Thunder Bay National Marine 
Sanctuary and Underwater Preserve under the Act.

                          Legislative History

  The Thunder Bay National Marine Sanctuary and Underwater 
Preserve Boundary Act was introduced by Senator Levin on March 
3, 2011, and referred to the Committee on Commerce, Science, 
and Transportation of the Senate. The legislation as introduced 
was identical to bills introduced previously in the 110th and 
111th Congresses. During the 110th Congress, the Committee on 
Commerce, Science, and Transportation held a hearing to 
consider the legislation on May 6, 2008. The Committee on 
Commerce, Science, and Transportation reported the bill with an 
amendment favorably on May 5, 2011.

                            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:
S. 485--Thunder Bay National Marine Sanctuary and Underwater Preserve 
        Boundary Modification Act
    S. 485 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.
    Under the bill, the Thunder Bay National Marine Sanctuary 
and Underwater Preserve would be expanded from 448 square miles 
to about 4,000 square miles. Based on information provided by 
NOAA, CBO estimates that managing the new areas that would be 
added to the sanctuary would cost about $1 million a year over 
the 2012-2016 period assuming the availability of appropriated 
funds. Enacting S. 485 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S. 485 contains no intergovernmental or private-sector 
mandates as define in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was 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 would 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 to 
produce updated NOAA 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 no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      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. It would also permit 
the Secretary to make minor adjustments to the boundary to 
facilitate enforcement and clarify the boundary to the 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 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.
Section 6. Construction
  This section would clarify that no additional appropriations 
are made, authorized, or required for the Thunder Bay National 
Marine Sanctuary and Underwater Preserve under the Act.

                        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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