[House Report 118-560]
[From the U.S. Government Publishing Office]


 118th Congress    }                                     {    Report
                         HOUSE OF REPRESENTATIVES
  2nd Session      }                                     {    118-560

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



 
                ALABAMA UNDERWATER FOREST NATIONAL MARINE
                     SANCTUARY AND PROTECTION ACT

                                _______
                                

 June 27, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 897]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 897) to provide for the establishment of the 
Alabama Underwater Forest National Marine Sanctuary, 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 ``Alabama Underwater Forest National 
Marine Sanctuary and Protection Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) An ancient cypress forest dating back 50,000 to 70,000 
        years has been exposed in the Gulf of Mexico off the Alabama 
        coastline.
          (2) The cypress trees, which were uncovered by massive waves 
        associated with Hurricane Ivan, are still rooted in the mud 
        they were growing in at least 50,000 years ago.
          (3) The Underwater Forest site is unique on a global scale, 
        the only known site where trees between 50,000 and 70,000 years 
        old have been preserved intact with the ecosystem they were 
        growing in.
          (4) Exploration of the site continues to yield invaluable 
        scientific insight in a variety of fields, though scientists 
        have just begun to study the ancient forest.

SEC. 3. POLICY AND PURPOSE.

  (a) Policy.--It is the policy of the United States to protect and 
preserve the ancient cypress trees located off the coast of Alabama, 
known as the Alabama Underwater Forest.
  (b) Purpose.--The purpose of this Act is to protect the resources of 
the area described in section 5(b), to educate and interpret for the 
public regarding the ancient Alabama Underwater Forest environment, and 
to manage human uses of the Alabama Underwater Forest National Marine 
Sanctuary consistent with this Act.

SEC. 4. DEFINITIONS.

  In this Act--
          (1) Sanctuary.--The term ``Sanctuary'' means the Alabama 
        Underwater Forest National Marine Sanctuary designated under 
        section 5(a).
          (2) Secretary.--the term ``Secretary'' means the Secretary of 
        Commerce.

SEC. 5. SANCTUARY DESIGNATION.

  (a) Designation.--The area described in subsection (b) is designated 
as the Alabama Underwater Forest National Marine Sanctuary pursuant to 
title III of the Marine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1431 et seq.).
  (b) Area Included.--
          (1) In general.--The Sanctuary shall consist only of all 
        waters and submerged lands within the boundary described in 
        paragraph (2).
          (2) Boundary.--The boundary referred to in paragraph (1) 
        shall encompass only the area within the following coordinates:
                  (A) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
                  (B) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 43 minutes, 44.8536 seconds west 
                longitude.
                  (C) 30 degrees, 5 minutes, 42.6552 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
                  (D) 30 degrees, 5 minutes, 42.6552 seconds north 
                latitude; 87 degrees, 43 minutes, 44.8536 seconds west 
                longitude.
                  (E) 30 degrees, 7 minutes, 20.2116 seconds north 
                latitude; 87 degrees, 49 minutes, 15.7404 seconds west 
                longitude.
          (3) Charts.--The Sanctuary shall be generally identified and 
        depicted on National Oceanic and Atmospheric Administration 
        charts that shall be maintained on file and kept available for 
        public examination during regular business hours at the Office 
        of Ocean and Coastal Resource Management of the National 
        Oceanic and Atmospheric Administration and in online format and 
        which shall be updated to reflect boundary modifications made 
        pursuant to this section.

SEC. 6. PROHIBITION OF CERTAIN USES.

  (a) Prohibited Activities.--The following activities are prohibited 
and are unlawful for any person to conduct or to cause to be conducted 
within the Sanctuary:
          (1) Cutting, removing, or any kind of subsurface salvage of 
        the cypress trees.
          (2) Lowering below the surface of the water any grappling, 
        suction, conveyor, dredging, or wrecking device.
          (3) Detonating below the surface of the water any explosive 
        or explosive mechanism.
          (4) Drilling or coring the seabed.
          (5) Lowering, laying, positioning, or raising any type of 
        seabed cable or cable-laying device.
  (b) Exceptions.--
          (1) In general.--The prohibitions in subsection (a) shall not 
        apply to the following:
                  (A) Fishing, diving, mooring, or similar recreational 
                or commercial activities.
                  (B) Necessary operations of public vessels, including 
                operations essential for national defense, law 
                enforcement, and responses to emergencies that threaten 
                life, property, or the environment.
                  (C) Construction or placement of artificial reef 
                structures for the purpose of enhancing fishery 
                resources, fishing opportunities, or recreational 
                diving opportunities.
                  (D) Exploration, development, or production of oil or 
                gas pursuant to a lease, permit, or other 
                authorization, provided such lease, permit, or 
                authorization is issued on or before the date of the 
                enactment of this Act.
          (2) Other activities.--The Secretary, acting through the 
        Director of the Office of National Marine Sanctuaries, may 
        allow a person to conduct an activity that would otherwise be 
        prohibited under subsection (a) if such activity meets the 
        standards of Title III of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as determined 
        by the Secretary.

SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.

  (a) Preparation of Plan.--
          (1) In general.--Not later than 2 years after the date of the 
        enactment of this Act, the Secretary, in consultation with 
        appropriate Federal, State, and local government authorities 
        and with the advisory council established under section 8, 
        shall develop a comprehensive management plan and implement 
        regulations to achieve the policy and purpose of this Act.
          (2) Applicable law.--In developing the comprehensive 
        management plan and implementing regulations under paragraph 
        (1), the Secretary shall follow the procedures described in 
        sections 303 and 304 of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
          (3) Plan details.--The comprehensive management plan required 
        under paragraph (1) shall--
                  (A) facilitate all public and private uses of the 
                Sanctuary compatible with the primary objective of 
                Sanctuary resource protection, with a focus on 
                facilitating--
                          (i) fishing, diving, or similar recreational 
                        or commercial activities; and
                          (ii) construction or placement of artificial 
                        reef structures for the purpose of enhancing 
                        fishery resources, fishing opportunities, or 
                        recreational diving opportunities;
                  (B) consider temporal and geographical zoning, to 
                ensure protection of Sanctuary resources;
                  (C) identify needs for research and ecological 
                monitoring; and
                  (D) ensure coordination and cooperation between 
                Sanctuary managers and--
                          (i) other Federal, State, and local 
                        authorities with jurisdiction within or 
                        adjacent to the Sanctuary; and
                          (ii) owners, operators, and stakeholders with 
                        respect to existing oil and gas operations 
                        within or adjacent to the Sanctuary.
  (b) Public Participation.--The Secretary shall provide for the 
participation of the general public in the development of the 
comprehensive management plan.

SEC. 8. ADVISORY COUNCIL.

  (a) Establishment.--The Secretary shall establish an advisory council 
pursuant to section 315 of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to advise the Secretary with 
respect to the designation and management of the Sanctuary.
  (b) Membership.--The Secretary shall include a representative from 
the Alabama Department of Conservation and Natural Resources as a 
voting member of the advisory council.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 897 is to provide for the establishment 
of the Alabama Underwater Forest National Marine Sanctuary, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 897 seeks to protect an underwater forest off the 
coast of Alabama in the Gulf of Mexico. This forest--which 
scientists have found to be roughly 60,000 years old--has 
attracted global attention and is the source of extensive 
scientific research. As one witness stated during the 
Committee's legislative hearing, this is the only place in the 
world where a coastal ice age forest has been preserved in 
place. In addition to the scientific purpose the forest plays 
for several universities in the region, the forest has been an 
attraction for tourists and has been the subject of significant 
media attention. Protecting this forest under Title II of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (P.L. 
92-532) will help to ensure it is protected for future 
generations.
    In protecting this forest as a National Marine Sanctuary, 
this bill recognizes the multiple uses of resources like the 
Gulf of Mexico and the important role it plays for the American 
economy. The bill prevents the cutting or removing of the 
forest's trees within the sanctuary's defined boundaries. 
However, there are important exemptions for commercial and 
recreational fishing and the exploration, development, and 
production of oil and gas if the activity was approved prior to 
the enactment of the legislation. These exemptions ensure that 
the sanctuary is protected in a way that allows for the 
critical industries of the Gulf of Mexico region to continue to 
operate.

                            COMMITTEE ACTION

    H.R. 897 was introduced on February 9, 2023, by Rep. Jerry 
Carl (R-AL). The bill was referred to the Committee on Natural 
Resources, and within the Committee to the Subcommittee on 
Water, Wildlife and Fisheries. On January 18, 2024, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On May 7, 2024, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Water, Wildlife 
and Fisheries was discharged from further consideration of H.R. 
897 by unanimous consent. Chairman Bruce Westerman (R-AR) 
offered an amendment designated Westerman #1. The amendment was 
agreed to by unanimous consent. The bill, as amended, was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on January 18, 2024.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be titled the ``Alabama Underwater Forest 
National Marine Sanctuary and Protection Act.''

Section 2. Findings

    Congress finds that the ancient underwater forest in the 
Gulf of Mexico off the coast of Alabama dates back 50,000 to 
70,000 years and that the forest's trees ``were growing in at 
least 50,000 years ago.'' Congress finds that this is a 
globally unique sight that provides ``invaluable scientific 
insight.''

Section 3. Policy and purpose

    Establishes that the policy of the United States is to 
protect this forest, and that the purpose of this Act is to 
protect its resources, to educate the public, and manage human 
uses of the forest.

Section 4. Definitions

    Defines sanctuary as ``the Alabama Underwater Forest 
National Marine Sanctuary designated under section 5(a)'' and 
that the Secretary is the Secretary of Commerce.

Section 5. Sanctuary designation

    Provides the specific latitude and longitude coordinates 
that are the boundaries of the Alabama Underwater Forest 
National Marine Sanctuary and stipulates that the sanctuary 
shall be ``generally identified and depicted'' on charts 
published by the National Oceanic and Atmospheric 
Administration (NOAA). These charts must be available for 
public viewing within NOAA's Office of Ocean and Coastal 
Resource Management.

Section 6. Prohibition of certain uses

    Prohibitions include cutting or removing the forest's 
trees, lowering ``any grappling, suction, conveyor, dredging, 
or wrecking device,'' detonating explosives below the surface, 
drilling or coring seabed, or ``lowering, laying, positioning, 
or raising'' cable or a cable-laying device. However, the 
legislation includes an exception for commercial and 
recreational activities, law enforcement and national security 
activity, development of artificial reef structures, and oil 
and gas exploration, development, or production that was 
leased, permitted, or authorized prior to the enactment of this 
legislation.

Section 7. Comprehensive management plan

    The legislation requires that within two years of 
enactment, the Secretary of Commerce consult with Federal, 
state, and local partners, and the advisory council established 
in Section 8, to develop a comprehensive management plan that 
is consistent with sections 303 and 304 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1433 and 1434). The plan will help dictate the terms by which 
public and private uses of the sanctuary can occur within the 
sanctuary while ensuring its protection. In developing the 
plan, sanctuary managers shall work with other local, state, 
and Federal officials, along with the oil and gas sector in the 
surrounding region. The Secretary shall give the public the 
opportunity to provide input on the plan's development.

Section 8. Advisory council

    The Secretary shall establish an advisory council pursuant 
to section 315 of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to help manage the 
sanctuary. One voting member of the advisory council must be 
from the Alabama Department of Conservation and Natural 
Resources.

            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.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause 3(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.
    2. 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 provide for the establishment of 
the Alabama Underwater Forest National Marine Sanctuary, and 
for other purposes.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 897 would make no changes in existing law.

                               [all]