[Senate Report 106-353]
[From the U.S. Government Publishing Office]
106th Congress
2d Session SENATE Report
106-353
_______________________________________________________________________
Calendar No. 702
NATIONAL MARINE SANCTUARIES AMENDMENTS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1482
July 21, 2000.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas MAX CLELAND, Georgia
Mark Buse, Staff Director
Ann H. Choiniere, General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 702
106th Congress Report
SENATE
2d Session 106-353
======================================================================
NATIONAL MARINE SANCTUARIES AMENDMENTS ACT
_______
July 21, 2000.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1482]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1482) ``A bill to amend the
National Marine Sanctuaries Act, and for other purposes'',
having considered the same, reports favorably thereon with
amendments and recommends that the bill (as amended) do pass.
Purpose of the Bill
S. 1482, as reported, would reauthorize the National Marine
Sanctuaries Act for six years, authorize funding levels for the
program for those years, and make changes to improve the
operation of the program.
Background and Needs
In response to public concerns over ocean pollution, Congress
enacted the Marine Protection, Research and Sanctuaries Act in
1972 (16 U.S.C. 1431 et seq.). It authorized the Secretary of
Commerce to designate areas of the marine environment with
nationally significant ecological, historical, recreational,
and aesthetic values as National Marine Sanctuaries (NMS). The
National Marine Sanctuaries Program is administered by the
National Oceanic and Atmospheric Administration (NOAA). Since
the law was enacted, it has been amended and reauthorized in
1980 (P.L. 96-332), 1984 (P.L. 98-498), 1988 (Title II of P.L.
100-627), 1992 (P.L. 102-587), and 1996 (P.L. 104-283).
Additionally, the Florida Keys National Marine Sanctuary was
designated by legislation in 1990 under the Florida Keys
National Marine Sanctuary and Protection Act (P.L. 101-605).
Marine sanctuaries, similar in concept to a national park on
land, may protect marine habitats such as coral reefs or
preserve cultural or historical assets, such as shipwrecks. The
primary goal of a marine sanctuary is to preserve, and possibly
enhance, the assets of the site while allowing for compatible
public and private uses. The extent to which each sanctuary
allows or restricts these uses is determined on a site-by-site
basis through an open public process. As a general rule,
activities like drilling, mining, dredging, dumping waste, or
removing artifacts are prohibited, but shipping, commercial
fishing, sport fishing, boating, scuba diving, and marine
tourism are generally allowed where practicable. Scientific
research and outreach programs are established at each
sanctuary to maximize the public benefits and understanding of
these areas.
Management of fisheries within the 200 mile Exclusive
Economic Zone is coordinated with the appropriate regional
fishery management council under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The Act
requires the Secretary to provide regional fishery management
councils the opportunity to prepare draft fishing regulations
(guided by the National Standards of the Magnuson-Stevens Act)
which are necessary to implement a proposed sanctuary
management plan. The Secretary must accept and issue these
regulations as final unless he finds the council's proposed
regulations fail to fulfill the purposes and policies of the
Act.
Each marine sanctuary handles public access to resources
differently. The sanctuary system provides managers with the
opportunity to test management measures on a small scale before
they are applied to other Federal and state coastal programs.
This gives managers the data necessary to improve public
confidence in proposed management measures. These measures have
included recreational use zones and areas that require the use
of moorings.
Six of the twelve existing marine sanctuaries have been
designated since 1990. One additional sanctuary, Thunder Bay
(MI) is under development and is expected to be formally
designated in the near future. These marine sanctuaries include
a wide variety of marine habitats such as deep ocean gardens,
near shore coral reefs, whale migration corridors, deep sea
canyons, and underwater archaeological sites. In total, these
sanctuaries protect nearly 18,000 square miles of ocean and
coastal habitats. The following is a list of the existing
sanctuaries: Channel Islands (CA), Gulf of the Farallones (CA),
Cordell Banks (CA), Hawaiian Islands (HI), Fagatele Bay
(American Samoa), Monitor (NC), Florida Keys (FL), Monterey Bay
(CA), Flower Garden Bank (TX), Olympic Coast (WA), Gray's Reef
(GA), and Stellwagen Banks (MA).
Legislative History
On June 30, 1999, a hearing on the National Marine
Sanctuaries program was held by the Subcommittee on Oceans and
Fisheries. Testimony was provided by the Deputy Assistant
Secretary of Commerce for Oceans and Atmosphere and members of
the conservation and fishing communities. Witnesses testified
on diverse aspects of the sanctuary program including funding
priorities, multiple use of sanctuary assets, and public
education and outreach.
S. 1482 was introduced on August 4, 1999, by Senators Snowe,
Kerry, McCain, Hollings, and Breaux and referred to the
Committee on Commerce, Science, and Transportation. Senator
Kennedy is also a cosponsor.
On April 13, 2000, the bill was considered by the Committee
in an open executive session. Senators Snowe and Kerry offered
an amendment and the Committee, without objection, ordered S.
1482 reported as amended. The Snowe-Kerry amendment clarified
the requirements of the Secretarial finding for new sanctuary
designations and sunset the limitation on new designations
concurrent with the authorization period. The amendment also
added one year to the authorization period.
Summary of Major Provisions
S. 1482, as amended, authorizes the National Marine
Sanctuaries Act (NMSA) at $30 million in FY 2000 and increases
annual funding by $2 million per year to $40 million in FY
2005.
Previous funding limitations have hampered the ability of the
12 existing sanctuaries to become fully operational. Therefore,
S. 1482, as amended, directs the Secretary of Commerce to focus
short-term efforts on developing and improving the operational
capacity of existing sanctuaries before proposing the
designation of additional sites. This is consistent with NOAA's
stated plans for fiscal years 2000-2004. S. 1482, as amended,
requires the Secretary to submit a finding to Congress before a
sanctuary designation notice of intent is published in the
Federal Register. Prior to such publication, the Secretary must
make a finding concerning the operational status of the
existing sanctuaries. The Secretary must find that the proposed
new sanctuary will not have a negative impact on the sanctuary
system as a whole. In addition, he must find that each existing
sanctuary has (1) an operational level of facilities,
equipment, and employees; (2) a plan for enforcement within its
boundaries; (3) sufficient resources within that fiscal year to
effectively implement the sanctuary management plan; (4)
completed site characterization studies and management plan
review or a plan and schedule for completion of these
activities; and (5) a list of priorities for the sanctuary and
a strategy to address them. In addition, S. 1482, as amended,
requires at least one such finding to be published during the
authorization period. This finding requirement expires with the
end of the authorization period on September 30, 2004 and does
not apply to the proposed Thunder Bay Sanctuary.
S. 1482, as amended, also authorizes the Secretary to develop
educational and interpretive facilities to promote the
sanctuary program. Due to the remote location of many of the
sanctuaries, easily accessible facilities are needed to educate
the public about the marine environment and the benefits of the
sanctuary program.
S. 1482, as amended, authorizes criminal penalties for
interfering with the enforcement of this Act. The reported bill
also authorizes the sanctuaries to partner with state
enforcement authorities and requires each sanctuary to include
an enforcement strategy in its management plan. These
partnerships are intended to maximize enforcement coverage in
coastal areas.
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:
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:
congressional budget office cost estimate
S. 1842--National Marine Sanctuaries Enhancement Act of 2000
Summary: Assuming appropriation of the authorized amounts,
CBO estimates that implementing S. 1482 would cost the federal
government $172 million over the 2000-2005 period. 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. S. 1482 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would impose no significant costs on state, local,
or tribal governments.
S. 1482 would amend the National Marine Sanctuaries Act,
which authorizes and governs the National Marine Sanctuaries
System (NMSS) administered by the National Oceanic and
Atmospheric Administration (NOAA). The amendments would
streamline the process for designating new sites for the NMSS
and strengthen existing enforcement measures.
The bill would authorize the appropriation of $210 million
over the 2000-2005 period for operation of the NMSS, including
$30 million for 2000, $32 million for 2001, $34 million for
2002, $36 million for 2003, $38 million for 2004, and 40
million for 2005. For fiscal year 2000, $26 million has been
appropriated for the system to date.
In addition to amendments made to streamline or enhance the
NMSS program and to authorize appropriations for the system,
other provisions of the bill would:
Impose criminal penalties on persons who
interfere with investigations into violations of laws
that protect marine sanctuary resources;
Change the way NOAA sets fees for special
use permits at sanctuaries;
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 sanctuaries.
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 S. 1482 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--
-----------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
NMSS Spending Under Current Law:
Budget Authority \2\.................................. 26 0 0 0 0 0
Estimated Outlays..................................... 21 7 3 2 0 0
Proposed Changes:
Authorization Level................................... 4 32 34 36 38 40
Estimated Outlays..................................... 3 26 32 35 37 39
NMSS Spending Under S. 1482:
Authorization Level................................... 30 32 34 36 38 40
Estimated Outlays..................................... 24 33 35 37 37 39
----------------------------------------------------------------------------------------------------------------
\1\ CBO estimates that enactment of this bill also could affect direct spending and receipts, but any amounts
would be negligible.
\2\ The 2000 level is the amount appropriated for that year for the NMSS.
Basis of estimate: 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.
Several provisions of the bill could affect governmental
receipts or offsetting receipts (a credit against direct
spending). 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.
Moreover, most such changes would be negligible. These
provisions are:
Section 8, which would impose criminal
penalties on persons who interfere with the
investigation by authorized officers into violations of
laws that protect marine sanctuary resources;
Section 11, which could result in lower
receipts by allowing NOAA to accept in-kind
contributions in lieu of certain fees at marine
sanctuaries;
Section 12, which would allow NOAA to accept
and use grants provided by state, local, or regional
government agencies; and
Section 17, which would clarify that NOAA
may authorize the use of certain NMSS symbols by others
helping the agency to benefit the system.
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 S. 1482 could affect direct spending and
governmental receipts. CBO estimates that these provisions
would have no significant effect on the federal budget in any
year.
Intergovernmental and private-sector impact: S. 1482
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no significant costs on state,
local, or tribal governments.
Previous CBO estimate: On July 1, 1999, CBO transmitted a
cost estimate for H.R. 1243, the National Marine Sanctuaries
Enhancement Act of 1999, as ordered reported by the House
Committee on Resources on June 9, 1999. H.R. 1243 would
reauthorize the National Estuaries Research Reserve System as
well as the NMSS and would authorize money for new construction
activities at NMSS sites. In addition, the House bill would
authorize the appropriation of $26 million annually for ongoing
NMSS activities, which is less than the amounts in the Senate
bill.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Victoria Heid Hall.
Impact on the Private Sector: Natalie Tawil.
Estimate approved by: Peter H. Fontaine, Depute 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: Because S. 1482, as amended, does not
create any new programs, the legislation will have no
additional regulatory impact, and will result in no additional
reporting requirements.
number of persons covered
The legislation will have no additional effect on the number
or types of individuals and businesses regulated.
economic impact
The legislation will have no additional effect on the
economic impact of such regulation.
privacy
The legislation will have no additional effect on the
personal privacy of affected individuals.
paperwork
The legislation will have no additional effect on the
paperwork required from such individuals and businesses.
Section-by-Section Analysis
Section 1. Short Title
This section of the bill cites the short title of the
reported bill as the ``National Marine Sanctuaries Amendments
Act of 2000.''
Section 2. Amendment of National Marine Sanctuaries Act
This section of the reported bill identifies the National
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) as the
law that will be amended.
Section 3. Findings, Purposes, and Policies
This section of the reported bill clarifies the findings,
purposes, and policies. Section 3(a) amends section 1431(a) of
title 16, U.S. Code, to recognize the cultural and
archaeological importance of certain areas of the marine
environment.
Section 3(b) amends section 1431(b) of title 16, U.S. Code,
to include maintaining natural biodiversity and biological
communities, and the promotion of coordinated scientific
research, long-term monitoring, and innovative management
techniques as part of the purposes and policies of the NMSA.
Section 4. Definitions
This section of the reported bill amends section 1432 of
title 16, U.S. Code, to revise certain definitions contained in
the NMSA. The definition of ``damages'' is expanded to include
the cost of curation and conservation of archaeological,
historical, and cultural sanctuary resources. Response Costs is
amended to include enforcement activities related to any
incident. The term sanctuary resource is expanded to include
culturally and archaeologically important resources. A new
definition of system is added to refer to the National Marine
Sanctuary System established by section 5 of the reported bill.
Section 5. Sanctuary Designation Standards
This section of the reported bill amends section 1433 of
title 16, U.S. Code, to establish the existing sanctuaries as
the National Marine Sanctuaries System. It also adds three new
factors for the Secretary to consider during the proposal of
new sanctuaries--biodiversity, ecological importance, and
archaeological/cultural/historical importance.
This section of the reported bill also requires the Secretary
to submit a finding to Congress prior to publishing a notice of
intent to designate a new sanctuary that states whether each
existing sanctuary has an operational level of facilities, a
list of priorities it considers most urgent and strategies to
address those priorities, a plan and schedule for the
completion of site characterizations and management plan
review, and a plan for enforcement within the sanctuary
boundaries. This finding requirement does not apply to the
proposed Thunder Bay National Marine Sanctuary. This section of
the reported bill also requires the Secretary to submit at
least one such finding to Congress prior to September 30, 2004.
This provision expires on September 30, 2004.
Section 6. Procedures for Designation and Implementation
This section of the reported bill amends section 1434(a) of
title 16, U.S. Code, to clarify and streamline the procedures
the Secretary must follow to designate sanctuaries. This
section requires the Secretary to prepare a set of designation
documents to propose a new sanctuary. It also requires the
Secretary to provide to Congress notice of a new sanctuary
proposal.
Section 7. Prohibited Activities
This section of the reported bill amends section 1436 of
title 16, U.S. Code, to clarify that it is illegal to offer for
sale, purchase, import, or export sanctuary resources. In
addition, this section clarifies additional activities that
constitute interfering with enforcement.
Section 8. Enforcement
This section of the reported bill amends section 1437 of
title 16, U.S. Code, to authorize certain law enforcement
officials to arrest a person if there is reasonable cause to
believe such person has committed a prohibited activity under
this Act. This section also authorizes criminal penalties for
interfering with the enforcement of this Act. In addition, this
section authorizes the Secretary to subpoena electronic files
in connection with an investigation under this Act.
Section 9. Regulatory Authority
This section of the reported bill amends section 1439 of
title 16, U.S. Code, to clarify the Secretary's authority to
issue regulations under this Act.
Section 10. Research, Monitoring, and Education
This section of the reported bill amends section 1440 of
title 16, U.S. Code, to authorize the Secretary to support or
coordinate monitoring and research activities carried out by
universities, non-profit groups, and other government agencies.
This section authorizes NOAA to enter into partnerships with
third parties to promote marine sanctuaries.
Section 11. Special Use Permits
This section of the reported bill amends section 1441 of
title 16, U.S. Code, to require the Secretary to notify the
public before identifying an activity under a special use
permit. In addition, it requires the permittee to purchase
liability insurance against potential claims arising out of the
permitted activity. This section authorizes the Secretary to
waive or reduce special permit fees for non-profit activities
associated with sanctuary resources, or activities deemed
beneficial to the system by the Secretary.
Section 12. Cooperative Agreements
This section of the reported bill amends section 1442 of
title 16, U.S. Code, to authorize the Secretary to apply for,
accept, and use grants from government entities, agencies,
foundations, or other persons to further the purposes of this
Act.
Section 13. Technical Changes
This section of the reported bill amends section 1443(a) of
title 16, U.S. Code, to make several technical changes. It also
sets a statute of limitations for resource damage assessment
actions.
Section 14. Authorization of Appropriations
This section of the reported bill amends section 1444 of
title 16, U.S. Code, to authorize $30 million in fiscal year
2000; $32 million for FY 2001; $34 million in FY 2002; $36
million in FY 2003; $38 million in FY 2004; and $40 million in
FY 2005.
Section 15. U.S.S. Monitor
This section of the reported bill amends section 1445 of
title 16, U.S. Code, to make a technical change related to the
interpretation and display of artifacts from the U.S.S.
Monitor.
Section 16. Advisory Councils
This section of the reported bill amends section 1446 of
title 16, U.S. Code, to make a technical change to the Advisory
Council provisions.
Section 17. Enhancement
This section of the reported bill amends section 1447 of
title 16, U.S. Code, to authorize the use of the national
marine sanctuary symbol by parties engaged in a formal
collaboration with the sanctuary program.
This section of the reported bill also authorizes the
Secretary to enter into agreements with non-profit
organizations to assist in the administration of the
sponsorship program. Under such an agreement, the non-profit
organization may retain up to 5 percent of the contributed
funds to offset administrative costs.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material 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. [16 U.S.C. 1431]
(a) Findings.--The Congress finds that--
(1) this Nation historically has recognized the
importance of protecting special areas of its public
domain, but these efforts have been directed almost
exclusively to land areas above the high-water mark;
(2) certain areas of the marine environment possess
conservation, [recreational, ecological, historical,
research, educational, or aesthestic] scientific,
educational, cultural, archaeological, or aesthetic
qualities which give them special national, and in some
cases international, significance;
(3) while the need to control the effects of
particular activities has led to enactment of resource-
specific legislation, these laws cannot in all cases
provide a coordinated and comprehensive ecosystem
approach to the conservation and management of special
areas of the marine environment;
(4) a Federal program which identifies special areas
of the marine environment will contribute positively to
marine resources conservation, research, and
management;
(5) such a Federal program will also serve to enhance
public awareness, understanding, appreciation, and
[wise use] sustainable use of the marine environment;
and
(6) [protection of these] protecting the
biodiversity, habitats, and qualities of such special
areas can contribute to maintaining a natural
assemblage of living resources and the values and
ecological services they provide for future
generations.
(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;] significance and to
manage these areas as the National Marine Sanctuary
System;
(2) to provide authority for comprehensive and
coordinated conservation and management of these marine
areas, andactivities affecting them, in a manner which
complements existing regulatory authorities;
[3) to support, promote, and coordinate scientific
research on, and monitoring of, the resources of these
marine areas, especially long-term monitoring and
research of these areas;]
(3) to maintain natural biodiversity and biological
communities, and to protect, and where appropriate,
restore and enhance natural habitats, populations, and
ecological processes;
(4) to enhance public awareness, [understanding,
appreciation, and wise use of the marine environment;]
understanding, and appreciation of the natural,
historical, cultural, and archaeological resources of
national marine sanctuaries;
(5) to support, promote, and coordinate scientific
research on, and long-term monitoring of, the resources
of these marine areas;
[(5)] (6) to facilitate to the extent compatible with
the primary objective of resource protection, all
public and private uses of the resources of these
marine areas not prohibited pursuant to other
authorities;
[(6)] (7) to develop and implement coordinated plans
for the protection and management of these areas with
appropriate Federal agencies, State and local
governments, Native American tribes and organizations,
international organizations, and other public and
private interests concerned with the continuing health
and resilience of these marine areas;
[(7)] (8) to create models of, and incentives for,
ways to conserve and manage these [areas;] areas,
including the application of innovative management
techniques; and
[(8)] (9) to cooperate with global programs
encouraging conservation of [marine resources; and]
marine and coastal resources.
[(9) to maintain, restore, and enhance living
resources by providing places for species that depend
upon these marine areas to survive and propagate.]
SEC. 302. DEFINITIONS. [16 U.S.C. 1432]
As used in this title, the term--
(1) ``draft management plan'' means the plan
described in section [304(a)(1)(C)(v)] 304(a)(2)(A) of
this title;
(2) ``[Magnuson] Magnuson-Stevens Act'' means the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
(3) ``marine environment'' means those areas of
coastal and ocean waters, the Great Lakes and their
connecting waters, and submerged lands over which the
United States exercises jurisdiction, including the
exclusive economic zone, consistent with international
law;
(4) ``Secretary'' means the Secretary of Commerce;
(5) ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands,
American Samoa, the Virgin Islands, Guam, and any other
commonwealth, territory, or possession of the United
States;
(6) ``damages'' includes--
(A) compensation for--
(i)(I) the cost of replacing,
restoring, or acquiring the equivalent
of a sanctuary resource; and
(II) the value of the lost use of a
sanctuary resource pending its
restoration or replacement or the
acquisition of an equivalent sanctuary
resource; or
(ii) the value of a sanctuary
resource if the sanctuary resource
cannot be restored or replaced or if
the equivalent of such resource cannot
be acquired;
(B) the cost of damage assessments under
section 303(b)(2) of this title; [and]
(C) the reasonable cost of monitoring
appropriate to the injured, restored, or
replaced [resources;] 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;] injury, including
enforcement activities related to any incident;
(8) ``sanctuary resource'' means any living or
nonliving resource of a national marine sanctuary that
contributes to the conservation, recreational,
ecological, historical, research, [educational,]
educational, cultural, archaeological, or aesthestic
value of the sanctuary; [and]
(9) ``exclusive economic zone'' means the exclusive
economic zone as defined in the [Magnuson-Stevens
Fishery Conservation and Management Act.] Magnuson-
Stevens Act;
(10) ``system'' means the National Marine Sanctuary
System established by section 303; and
(11) ``person'' has the meaning given that term by
section 1 of title 1, United States Code, but includes
a department, agency, and instrumentality of the
government of the United States, a State, or a foreign
Nation.
[SEC. 303. SANCTUARY DESIGNATION STANDARDS.] [16 U.S.C. 1433]
SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.
[(a) Standards.--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) determines that the designation will fulfill the
purposes and policies of this title; and
[(2) finds that--
[(A) the area is of special national
significance due to its resource or human-use
values;
[(B) existing State and Federal authorities
are inadequate or should be supplemented to
ensure coordinated and comprehensive
conservation and management of the area,
including resource protection, scientific
research, and public education;
[(C) designation of the area as a national
marine sanctuary will facilitate the objectives
in subparagraph (B); and
[(D) the area is of a size and nature that
will permit comprehensive and coordinated
conservation and management.]
(a) Establishment of System.--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) Factors and Consultations Required in Making
Determinations and Findings.--]
(b) Sanctuary Designation Standards.--
(1) In general.--Before designating an area of the
marine environment as a national marine sanctuary, the
Secretary shall find that--
(A) the area is of special national
significance due to its--
(i) biodiversity;
(ii) ecological importance;
(iii) archaeological, cultural, or
historical importance; or
(iv) human-use values;
(B) existing State and Federal authorities
should be supplemented to ensure coordinated
and comprehensive conservation and management
of the area, including resource protection,
scientific research, and public education;
(C) designation of the area as a national
marine sanctuary will facilitate the objectives
in subparagraph (B); and
(D) the area is of a size and nature that
will permit comprehensive and coordinated
conservation and management.
[(1)] (2) Factors.--For purposes of determining if an
area of the marine environment meets the standards set
forth in [subsection (a)] paragraph (1) of this
section, the Secretary shall consider--
(A) the area's natural resource and
ecological qualities, including its
contribution to biological productivity,
maintenance of ecosystem structure, maintenance
of ecologically or commercially important or
threatened species or species assemblages,
maintenance of critical habitat of endangered
species, and the biogeographic representation
of the site;
(B) the area's historical, cultural,
archaeological, or paleontological
significance;
(C) the present and potential uses of the
area that depend on maintenance of the area's
resources, including commercial and
recreational fishing, subsistence uses, other
commercial and recreational activities, and
research and education;
(D) the present and potential activities that
may adversely affect the factors identified in
subparagraphs (A), (B), and (C);
(E) the area's scientific value and value for
monitoring as a special area of the marine
environment;
[(E)] (F) the existing State and Federal
regulatory and management authorities
applicable to the area and the adequacy of
those authorities to fulfill the purposes and
policies of this title;
[(F)] (G) the manageability of the area,
including such factors as its size, its ability
to be identified as a discrete ecological unit
with definable boundaries, its accessibility,
and its suitability for monitoring and
enforcement activities;
(H) the feasibility, where appropriate, of
employing innovative management approaches to
protect sanctuary resources or to manage
compatible uses;
[(G)] (I) the public benefits to be derived
from sanctuary status, with emphasis on the
benefits of long-term protection of nationally
significant resources, [vital habitats, and
resources which generate tourism;] and vital
habitats;
(J) the value of the area as an addition to
the System;
[(H)] (K) the negative impacts produced by
management restrictions on income-generating
activities such as living and nonliving
resources development; and
[(I)] (L) the socioeconomic effects of
sanctuary designation.
[(2)] (3) 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;
(B) the Secretaries of State, Defense,
Transportation, and the Interior, the
Administrator of the Environmental Protection
Agency, and the heads of other interested
Federal agencies;
(C) the responsible officials or relevant
agency heads of the appropriate State and local
government entities, including coastal zone
management agencies, that will or are likely to
be affected by the establishment of the area as
a national marine sanctuary;
(D) the appropriate officials of any Regional
Fishery Management Council established by
section 302 of the Magnuson Act (16 U.S.C.
1852) that may be affected by the proposed
designation; and
(E) other interested persons.
[(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) of this title, 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.]
(4) Required findings.--
(A) New designations.--The Secretary shall
not publish in the Federal Register any
sanctuary designation notice or regulations
proposing to designate a new sanctuary unless
the Secretary has published in the Federal
Register and submitted to Congress a finding
that the addition of a new sanctuary will not
have a negative impact on the National Marine
Sanctuary System and each designated sanctuary
has--
(i) an operational level of
facilities, equipment, and employees;
(ii) a plan for enforcement of the
Act within its boundaries, including
partnerships with adjacent States or
other authorities;
(iii) sufficient resources available
in the fiscal year in which the finding
is made to implement the sanctuary
management plan effectively;
(iv) completed site characterizations
studies, inventories of known sanctuary
resources, and management plan review;
and
(v) a list of priorities and a
strategy to address such priorities.
(B) Failure to complete certain
requirements.--If the requirements of
subparagraph (A)(iv) have not been completed at
the time of designation of a sanctuary, then
the Secretary shall submit a plan and schedule
for the completion of these activities for the
sanctuary, based on the assumption that the
amounts appropriated for the sanctuaries will
be maintained at the same level for each fiscal
year for the next 10 years.
(C) Exception.--Subparagraph (A) does not
apply to any draft management plan, draft
environmental impact statement, or proposed
regulation for the Thunder Bay National Marine
Sanctuary.
(D) Deadline.--If a finding under
subparagraph (A) has not been published by
February 1, 2004, the Secretary shall submit to
Congress by September 30, 2004, a finding
stating whether the requirements in
subparagraph (A) have been met.
(E) Sunset.--The requirements of this
paragraph shall be in effect until September
30, 2004.
SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. [16 U.S.C.
1434]
(a) Sanctuary Proposal.--
(1) Notice.--In proposing to designate a national
marine sanctuary, the Secretary shall--
(A) issue, in the Federal Register, a notice
of the proposal, proposed regulations that may
be necessary and reasonable to implement the
proposal, and a summary of the draft management
plan;
(B) provide notice of the proposal in
newspapers of general circulation or electronic
media in the communities that may be affected
by the proposal; and
[(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) of this title with
respect to the area;
[(iii) an assessment of the
considerations under section 303(b)(1)
of this title;
[(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) on the same day the notice required by
subparagraph (A) is submitted to the Office of
the Federal Register, the Secretary shall
submit a copy of the notice and the draft
sanctuary designation documents prepared under
paragraph (2) to the Committee on Resources of
the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate.
(2) Sanctuary designation documents.--The Secretary
shall prepare sanctuary designation documents on the
proposal that include the following:
(A) A draft environmental impact statement
under paragraph (3).
(B) A management plan document, which the
Secretary shall make available to the public,
containing--
(i) the terms of the proposed
designation;
(ii) proposed mechanisms to
coordinate existing regulatory and
management authorities within the area;
(iii) the proposed goals and
objectives, management
responsibilities, resource studies, and
appropriate strategies for managing
sanctuary resources, including
innovative approaches such as marine
zoning, interpretation and education,
research, monitoring and assessment,
resource protection, restoration, and
enforcement (including surveillance
activities for the area);
(iv) 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 a State, or is
superjacent to the subsoil and seabed
within the seaward boundary of a State
(as established under the Submerged
Lands Act (43 U.S.C. 1301 et seq.);
(v) 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; and
(vi) the regulations proposed under
paragraph (1)(A).
(C) Maps depicting the boundaries of the
proposed sanctuary.
(D) A statement of the basis for the findings
made under section 303(b)(2).
(E) An assessment of the considerations under
section 303(b)(1).
(F) A resource assessment that includes--
(i) 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;
(ii) a discussion, prepared after
consultation with the Secretary of the
Interior, of any commercial,
governmental, or recreational resource
uses in the areas that are subject to
the primary jurisidiction of the
Department of the Interior; and
(iii) information prepared in
consultation with the Secretary of
Defense, the Secretary of Energy, and
the Administrator of the Environmental
Protection Agency, on any past,
present, or proposed future disposal or
discharge of materials in the vicinity
of the proposed sanctuary.
[(2)] (3) Environmental impact statement.--The
Secretary shall--
(A) prepare a draft environmental impact
statement, [as provided by] under 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) of this title, 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.
[(3)] (4) Public hearing.--No sooner than thirty days
after issuing a notice under this subsection, the
Secretary shall hold at least one public hearing in the
coastal area or areas that will be most affected by the
proposed designation of the area as a national marine
sanctuary for the purpose of receiving the views of
interested parties.
[(4)] (5) 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 aesthestic
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.] by following the
applicable procedures of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and chapter
5 of title 5, United States Code.
[(5)] (6) Fishing regulations.--The Secretary shall
provide the appropriate Regional Fishery Management
Council with the opportunity to prepare draft
regulations for fishing within the Exclusive Economic
Zone as the Council may deem necessary to implement the
proposed designation. Draft regulations prepared by the
Council, or a Council determination that regulations
are not necessary pursuant to this paragraph, shall be
accepted and issued as proposed regulations by the
Secretary unless the Secretary finds that the Council's
action fails to fulfill the purposes and policies of
this title and the goals and objectives of this Act and
the proposed designation. In preparing the draft
regulations, a Regional Fishery Management Council
shall use as guidance the national standards of section
301(a) of the Magnuson Act (16 U.S.C. 1851) to the
extent that the standards are consistent and compatible
with the goals and objectives of the proposed
designation. The Secretary shall prepare the fishing
regulations, if the Council declines to make a
determination with respect to the need for regulations,
makes a determination which is rejected by the
Secretary, or fails to prepare the draft regulations in
a timely manner. Any amendments to the fishing
regulations shall be drafted, approved, and issued in
the same manner as the original regulations. The
Secretary shall also cooperate with other appropriate
fishery management authorities with rights or
responsibilities within a proposed sanctuary at the
earliest practicable stage in drafting any sanctuary
fishing regulations.
[(6)] (7) Committee action.--After receiving the
documents under subsection (a)(1)(C) of this section,
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 thedocuments, 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) Notice.--In designating a national marine
sanctuary, the Secretary shall publish in the Federal
Register notice of the designation together with final
regulations to implement the designation and any other
matters required by law, and submit such notice to the
Congress. The Secretary shall advise the public of the
availability of the final management plan and the final
environmental impact statement with respect to such
sanctuary. The Secretary shall issue a notice of
designation with respect to a proposed national marine
sanctuary site not later than 30 months after the date
a notice declaring the site to be an active candidate
for sanctuary designation is published in the Federal
Register under regulations issued under this Act, or
shall publish not later than such date in the Federal
Register findings regarding why such notice has not
been published. No notice of designation may occur
until the expiration of the period for Committee action
under subsection [(a)(6)] (a)(7) of this section. The
designation (and any of its terms not disapproved under
this subsection) and regulations shall take effect and
become final after the close of a review period of
forty-five days of continuous session of Congress
beginning on the day on which such notice is published
unless, in the case of a national marine sanctuary that
is located partially or entirely within the seaward
boundary of any State, the Governor affected certifies
to the Secretary that the designation or any of its
terms is unacceptable, in which case the designation or
the unacceptable term shall not take effect in the area
of the sanctuary lying within the seaward boundary of
the State.
(2) Withdrawal of designation.--If the Secretary
considers that actions taken under paragraph (1) will
affect the designation of a national marine sanctuary
or the national system in a manner that the goals and
objectives of the sanctuary or the national system
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.
(3) Procedures.--In computing the forty-five-day
periods of continuous session of Congress pursuant to
subsection (a)(6) of this section and paragraph (1) of
this subsection--
(A) continuity of session is broken only by
an adjournment of Congress sine die; and
(B) the days on which either House of
Congress is not in session because of an
adjournment of more than three days to a day
certain are excluded.
(c) Access and Valid Rights.--
(1) Nothing in this title shall be construed as
terminating or granting to the Secretary the right to
terminate any valid lease, permit, license, or right of
subsistence use or of access that is in existence on
the date of designation of any national marine
sanctuary.
(2) The exercise of a lease, permit, license, or
right is subject to regulation by the Secretary
consistent with the purposes for which the sanctuary is
designated.
(d) Interagency Cooperation.--
(1) Review of agency actions.--
(A) In general.--Federal agency actions
internal or external to a national marine
sanctuary, including private activities
authorized by licenses, leases, or permits,
that are likely to destroy, cause the loss of,
or injure any sanctuary resource are subject to
consultation with the Secretary.
(B) Agency statements required.--Subject to
any regulations the Secretary may establish
each Federal agency proposing an action
described in subparagraph (A) shall provide the
Secretary with a written statement describing
the action and its potential effects on
sanctuary resources at the earliest practicable
time, but in no case later than 45 days before
the final approval of the action unless such
Federal agency and the Secretary agree to a
different schedule.
(2) Secretary's recommended alternatives.--If the
Secretary finds that a Federal agency action is likely
to destroy, cause the loss of, or injure a sanctuary
resource, the Secretary shall (within 45 days of
receipt of complete information on the proposed agency
action) recommend reasonable and prudent alternatives,
which may include conduct of the action elsewhere,
which can be taken by the Federal agency in
implementing the agency action that will protect
sanctuary resources.
(3) Response to recommendations.--The agency head who
receives the Secretary's recommended alternatives under
paragraph (2) shall promptly consult with the Secretary
on the alternatives. If the agency head decides not to
follow the alternatives, the agency head shall provide
the Secretary with a written statement explaining the
reasons for that decision.
(e) Review of Management Plans.--Not more than five years
after the date of designation of any national marine sanctuary,
and thereafter at intervals not exceeding five years, the
Secretary shall evaluate the substantive progress toward
implementing the management plan and goals for the sanctuary,
especially the effectiveness of site-specific management
techniques, and shall revise the management plan and
regulations as necessary to fulfill the purposes and policies
of this title.
SEC. 305. APPLICATION OF REGULATIONS; INTERNATIONAL NEGOTIATIONS AND
COOPERATION. [16 U.S.C. 1435]
(a) Regulations.--This title and the regulations issued under
section 304 of this title shall be applied in accordance with
generally recognized principles of international law, and in
accordance with treaties, conventions, and other agreements to
which the United States is a party. No regulation shall apply
to or be enforced against a person who is not a citizen,
national, or resident alien of the United States, unless in
accordance with--
(1) generally recognized principles of international
law;
(2) an agreement between the United States and the
foreign state of which the person is a citizen; or
(3) an agreement between the United States and the
flag state of a foreign vessel, if the person is a
crewmember of the vessel.
(b) Negotiations.--The Secretary of State, in consultation
with the Secretary, shall take appropriate action to enter into
negotiations with other governments to make necessary
arrangements for the protection of any national marine
sanctuary and to promote the purposes for which the sanctuary
is established.
(c) International Cooperation.--The Secretary, in
consultation with the Secretary of State and other appropriate
Federal agencies, shall cooperate with other governments and
international organizations in furtherance of the purposes and
policies of this title and consistent with applicable regional
and mutilateral arrangements for the protection and management
of special marine areas.
SEC. 306. PROHIBITED ACTIVITIES. [16 U.S.C. 1436]
It is unlawful 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, sell, 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 authorized officer
to board a vessel, other than a vessel operated
by the Department of Defense or United States
Coast Guard, subject to such person's control
for the purpose of conducting a search or
inspection in connection with the enforcement
of this title;
(B) assaulting, resisting, opposing,
impeding, intimidating, or interfering with any
authorized officer in the conduct of any search
or inspection under this title;
(C) submitting false information to the
Secretary or any officer authorized by the
Secretary in connection with any search or
inspection under this title; or
(D) assaulting, resisting, opposing,
impeding, intimidating, harassing, bribing, or
interfering with any person authorized by the
Secretary to implement the provisions of this
title; or
(4) violate any provision of this title or any
regulation or permit issued pursuant to this title.
SEC. 307. ENFORCEMENT. [16 U.S.C. 1437]
(a) In General.--The Secretary shall conduct such enforcement
activities as are necessary and reasonable to carry out this
title.
(b) Powers of Authorized Officers.--Any person who is
authorized to enforce this title may--
(1) arrest any person, if there is reasonable cause
to believe that the person has committed an act
prohibited by section 306(3);
[(1)] (2) board, search, inspect, and seize any
vessel suspected of being used to violate this title or
any regulation orpermit issued under this title and any
equipment, stores, and cargo of such vessel;
[(2)] (3) seize wherever found any sanctuary resource
taken or retained in violation of this title or any
regulation or permit issued under this title;
[(3)] (4) seize any evidence of a violation of this
title or of any regulation or permit issued under this
title;
[(4)] (5) execute any warrant or other process issued
by any court of competent jurisdiction; and
[(5)] (6) exercise any other lawful authority.
(c) Criminal Offenses.--
(1) In general.--Violation of section 306(3) is
punishable by a fine under title 18, United States
Code, imprisonment for not more than 6 months, or both.
(2) Aggravated violations.--If a person in the course
of violating section 306(3)--
(A) uses a dangerous weapon,
(B) causes bodily injury to any person
authorized to enforce this title or to
implement its provisions, or
(C) causes such a person to fear imminent
bodily injury,
then the violation is punishable by a fine under title
18, United States Code, imprisonment for not more than
10 years, or both.'';
[(c)] (d) Civil Penalties.--
(1) Civil penalty.--Any person subject to the
jurisdiction of the United States who violates this
title or any regulation or permit issued under this
title shall be liable to the United States for a civil
penalty of not more than $100,000 for each such
violation, to be assessed by the Secretary. Each day of
a continuing violation shall constitute a separate
violation.
(2) Notice.--No penalty shall be assessed under this
subsection until after the person charged has been
given notice and an opportunity for a hearing.
(3) In rem jurisdiction.--A vessel used in violating
this title or any regulation or permit issued under
this title shall be liable in rem for any civil penalty
assessed for such violation. Such penalty shall
constitute a maritime lien on the vessel and may be
recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
(4) Review of civil penalty.--Any person against whom
a civil penalty is assessed under this subsection may
obtain review in the United States district court for
the appropriate district by filing a complaint in such
court not later than 30 days after the date of such
order.
(5) Collection of penalties.--If any person fails to
pay an assessment of a civil penalty under this section
after it has become a final and unappealable order, or
after the appropriate court has entered final judgment
in favor of the Secretary, the Secretary shall refer
the matter to the Attorney General, who shall recover
the amount assessed in any appropriate district court
of the United States. In such action, the validity and
appropriateness of the final order imposing the civil
penalty shall not be subject to review.
(6) Compromise or other action by Secretary.--The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is or may
be imposed under this section.
(e) Judicial Civil Penalties.--The Secretary may bring an
action to access and collect any civil penalty for which a
person is liable under paragraph (d)(1) in the United States
district court for the district in which the person from whom
the penalty is sought resides, in which such person's principal
place of business is located, or where the incident giving rise
to civil penalties under this section occurred.
[(d)] (f) Forfeiture.--
(1) In general.--Any vessel (including the vessel's
equipment, stores, and cargo) and other item used, and
any sanctuary resource taken or retained, in any
manner, in connection with or as a result of any
violation of this title or of any regulation or permit
issued under this title shall be subject to forfeiture
to the United States pursuant to a civil proceeding
under this subsection. The proceeds from forfeiture
actions under this subsection shall constitute a
separate recovery in addition to any amounts recovered
as civil penalties under this section or as civil
damages under section 303 of this title. None of those
proceeds shall be subject to set-off.
(2) Application of the customs laws.--The Secretary
may exercise the authority of any United States
official granted by any relevant customs law relating
to the seizure, forfeiture, condemnation, disposition,
remission, and mitigation of property in enforcing this
title.
(3) Disposal of sanctuary resources.--Any sanctuary
resource seized pursuant to this title may be disposed
of pursuant to an order of the appropriate court, or,
if perishable, in a manner prescribed by regulations
promulgated by the Secretary. Any proceeds from the
sale of such sanctuary resource shall for all purposes
represent the sanctuary resource so disposed of in any
subsequent legal proceedings.
(4) Presumption.--For the purposes of this section
there is a rebuttable presumption that all sanctuary
resources found on board a vessel that is used or
seized in connection with a violation of this title or
of any regulation or permit issued under this title
were taken or retained in violation of this title or of
a regulation or permit issued under this title.
[(e)] (g) Payment of Storage, Care, and Other Costs.--
(1) Expenditures.--
(A) Notwithstanding any other law, amounts received
by the United States as civil penalties, forfeitures of
property, and costs imposed under paragraph (2) shall
be retained by the Secretary in the manner provided for
in section 9607(f)(1) of title 42.
(B) Amounts received under this section for
forfeitures and costs imposed under paragraph (2) shall
be used to pay the reasonable and necessary costs
incurred by the Secretary to provide temporary storage,
care, maintenance, and disposal of any sanctuary
resource or other property seized in connection with a
violation of this title or any regulation or permit
issued under this title.
(C) Amounts received under this section as civil
penalties and any amounts remaining after the operation
of subparagraph (B) shall be used, in order of
priority, to--
(i) manage and improve the national marine
sanctuary with respect to which the violation
occurred that resulted in the penalty or
forfeiture;
(ii) pay a reward to any person who furnishes
information leading to an assessment of a civil
penalty, or to a forfeiture of property, for a
violation of this title or any regulation or
permit issued under this title; and
(iii) manage and improve any other national
marine sanctuary.
(2) Liability for costs.--Any person assessed a civil
penalty for a violation of this title or of any
regulation or permit issued under this title, and any
claimant in a forfeiture action brought for such a
violation, shall be liable for the reasonable costs
incurred by the Secretary in storage, care, and
maintenance of any sanctuary resource or other property
seized in connection with the violation.
[(f)] (h) 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, 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.
(i) Nationwide Service of Process.--In any action by the
United States under this chapter, process may be served in any
district where the defendant is found, resides, transacts
business, or has appointed an agent for the service of process.
[(g)] (j) 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)] (k) 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.
[(i)] (l) 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 303 of this
title, 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)] (m) Area of Application and Enforceability.--The area
of application and enforceability of this title includes the
territorialsea 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. 308. SEVERABILITY. [16 U.S.C. 1439]
[If any provision of this Act or the application thereof to
any person or circumstances is held invalid, the validity of
the remainder of this Act and of the application of such
provision to other persons and circumstances shall not be
affected thereby.]
SEC. 308. REGULATIONS AND SEVERABILITY.
(a) Regulations.--The Secretary may issue such regulations as
may be necessary to carry out this title.
(b) Severability.--If any provision of this title, or the
application thereof to any person or circumstance, is held
invalid, the validity of the remainder of this title and of the
application of that provision to other persons and
circumstances shall not be affected.
[SEC. 309. RESEARCH, MONITORING, AND EDUCATION. [16 U.S.C. 1440]
[(a) In General.--The Secretary shall conduct research,
monitoring, evaluation, and education programs as are necessary
and reasonable to carry out the purposes and policies of this
title.
[(b) Promotion and Coordination of Sanctuary Use.--The
Secretary shall take such action as is necessary and reasonable
to promote and coordinate the use of national marine
sanctuaries for research, monitoring, and education purposes.
Such action may include consulting with Federal agencies,
States, local governments, regional agencies, interstate
agencies, or other persons to promote use of one or more
sanctuaries for research, monitoring, and education, including
coordination with the National Estuarine Research Reserve
System.]
SEC. 309. RESEARCH, MONITORING, AND EDUCATION PROGRAMS AND INTERPRETIVE
FACILITIES.
(a) In General.--The Secretary shall conduct, support, or
coordinate research, monitoring, evaluation, and education
programs necessary and reasonable to carry out the purposes and
policies of this title.
(b) Research and Monitoring.--The Secretary may support,
promote, and coordinate appropriate research on, and long-term
monitoring of, the resources and human uses of marine
sanctuaries, as is consistent with the purposes and policies of
this title. In carrying out this subsection the Secretary may
consult with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons, and
coordinate with the National Estuarine Research Reserve System.
(c) Education and Interpretive Facilities.--The Secretary may
establish facilities or displays--
(1) to promote national marine sanctuaries and the
purposes and policies of this title; and
(2) either solely or in partnership with other
persons, under an agreement under section 311.
SEC. 310. SPECIAL USE PERMITS. [16 U.S.C. 1441]
(a) Issuance of Permits.--The Secretary may issue special use
permits which authorize the conduct of specific activities in a
national marine sanctuary if the Secretary determines such
authorization is necessary--
(1) to establish conditions of access to and use of
any sanctuary resource; or
(2) to promote public use and understanding of a
sanctuary resource.
(b) Public Notice Required.--The Secretary shall provide
appropriate public notice before identifying any activity
subject to a special use permit under subsection (a).
[(b)] (c) Permit Terms.--A permit issued under this section--
(1) shall authorize the conduct of an activity only
if that activity is compatible with the purposes for
which the sanctuary is designated and with protection
of sanctuary resources;
(2) shall not authorize the conduct of any activity
for a period of more than 5 years unless renewed by the
Secretary;
(3) shall require that activities carried out under
the permit be conducted in a manner that does not
destroy, cause the loss of, or injure sanctuary
resources; and
(4) shall require the permittee to purchase and
maintain comprehensive general liability [insurance]
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)] (d) Fees.--
(1) Assessment and collection.--The Secretary may
assess and collect fees for the conduct of any activity
under a permit issued under this section.
(2) Amount.--The amount of a fee under this
subsection shall be equal to the sum of--
(A) costs incurred, or expected to be
incurred, by the Secretary in issuing the
permit;
(B) costs incurred, or expected to be
incurred, by the Secretary as a direct result
of the conduct of the activity for which the
permit is issued, including costs of monitoring
the conduct of the activity; and
(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.] resource.
(3) Waiver or reduction of fees.--The Secretary may
waive or reduce fees under this subsection, or accept
in-kind contributions in lieu of fees under this
subsection, for activities that do not derive profit
from the access to and use of sanctuary resources or
that the Secretary considers to be beneficial to the
system.
[(3)] (4) Use of fees.--Amounts collected by the
Secretary in the form of fees under this section may be
used by the Secretary--
(A) for issuing and administering permits
under this section; and
(B) for expenses of [designating and]
managing national marine sanctuaries.
[(d)] (e) Violations.--Upon violation of a term or condition
of a permit issued under this section, the Secretary may--
(1) suspend or revoke the permit without compensation
to the permittee and without liability to the United
States;
(2) assess a civil penalty in accordance with section
307 of this title; or
(3) both.
[(e)] (f) Reports.--Each person issued a permit under this
section shall submit an annual report to the Secretary not
later than December 31 of each year which describes activities
conducted under that permit and revenues derived from such
activities during the year.
[(f)] (g) Fishing.--Nothing in this section shall be
considered to require a person to obtain a permit under this
section for the conduct of any fishing activities in a national
marine sanctuary.
SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS. [16
U.S.C. 1442]
(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. Notwithstanding any other provision of law to the
contrary, the Secretary may apply for, accept, and use grants
from Federal agencies, States, local governments, regional
agencies, interstate agencies, foundations, or other persons,
to carry out the purposes and policies of this title.
(b) Use of State and Federal Agency Resources.--The Secretary
may, whenever appropriate, use by agreement the personnel,
services, or facilities of departments, agencies, and
instrumentalities of the government of the United States or of
any State or political subdivision thereof on a reimbursable or
non-reimbursable basis to assist in carrying out the purposes
and policies of this title.
[(b)] (c) Authorization to Solicit Donations.--The Secretary
may enter into such agreements with any nonprofit organization
authorizing the organization to solicit private donations to
carry out the purposes and policies of this title.
[(c)] (d) Donations.--The Secretary may accept donations of
funds, property, and services for use in designating and
administering national marine sanctuaries under this title.
Donations accepted under this section shall be considered as a
gift or bequest to or for the use of the United States.
[(d)] (e) Acquisitions.--The Secretary may acquire by
purchase, lease, or exchange, any land, facilities, or other
property necessary and appropriate to carry out the purposes
and policies of this title.
SEC. 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.
[16 U.S.C. 1443]
(a) Liability.--
(1) Liability to 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) the amount of response costs and damages
resulting from the destruction, loss, or
injury; and
(B) interest on that amount calculated in the
manner described under section 2705 of title
33.
(2) Liability in rem.--Any vessel [used to destroy,
cause the loss of, or injure] that destroys, causes the
loss of, or injures any sanctuary resource shall be
liable in rem to the United States for response costs
and damages resulting from such destruction, loss, or
injury. The amount of that liability shall constitute a
maritime lien on the vessel and may be recovered in an
action in rem in any district court of the United
States that has jurisdiction over the vessel.
(3) Defenses.--A person is not liable under this
subsection if that person establishes that--
(A) the destruction or loss of, or injury to,
the sanctuary resource was caused solely by an
act of God, an act of war, or an act or
omission of a third party, and the person acted
with due care;
(B) the destruction, loss, or injury was
caused by an activity authorized by Federal or
State law; or
(C) the destruction, loss, or injury was
negligible.
(4) Limits to liability.--Nothing in sections 181 to
188 of title 46, Appendix, or section 192 of title 46,
Appendix, shall limit the liability of any person or
vessel under this title.
(b) Response Actions and Damage Assessment.--
(1) Response actions.--The Secretary may undertake or
authorize all necessary actions to prevent or minimize
the destruction or loss of, or injury to, sanctuary
resources, or to minimize the imminent risk of such
destruction, loss, or injury.
(2) Damage assessment.--The Secretary shall assess
damages (as defined in section 302(11)) to sanctuary
resources in accordance with section 302(6) of this
title.
(c) Civil Actions for Response Costs and Damages.--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] vessel
that may be liable under subsection (a) of this section 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] person or vessel may be liable for such costs or
damages.
(d) Use of Recovered Amounts.--Response costs and damages
recovered by the Secretary under this section shall be retained
by the Secretary in the manner provided for in section
9607(f)(1) of title 42, and used by the Secretary as follows:
(1) Response costs and damage assessments.--Twenty
percent of amounts recovered under this section, up to
a maximum balance of $750,000, shall be used to finance
response actions and damage assessments by the
Secretary.
(2) Restoration, replacement, management, and
improvement.--Amounts remaining after the operation of
paragraph (1) shall be used, in order of priority--
(A) to restore, replace, or acquire the
equivalent of the sanctuary resources which
were the subject of the action;
(B) to manage and improve the national marine
sanctuary within which are located the
sanctuary resources which were the subject of
the action; and
(C) to manage and improve any other national
marine sanctuary.
(3) Federal-state coordination.--Amounts recovered
under this section with respect to sanctuary resources
lying within the jurisdiction of a State shall be used
under paragraphs (2)(A) and (B) in accordance with the
court decree or settlement agreement and an agreement
entered into by the Secretary and the Governor of that
State.
(4) Statute of limitations.--An action for response
costs and damages under subsection (c) may not be
brought more than 2 years after the date of completion
of the relevant damage assessment and restoration plan
prepared by the Secretary.
SEC. 313. AUTHORIZATION OF APPROPRIATIONS. [16 U.S.C. 1444]
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.]
(1) $30,000,000 for fiscal year 2000;
(2) $32,000,000 for fiscal year 2001;
(3) $34,000,000 for fiscal year 2002;
(4) $36,000,000 for fiscal year 2003;
(5) $38,000,000 for fiscal year 2004; and
(6) $40,000,000 for fiscal year 2005.
SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS. [16 U.S.C. 1445]
(a) Congressional Policy.--In recognition of the historical
significance of the wreck of the United States ship Monitor to
coastal North Carolina and to the area off the coast of North
Carolina known as the Graveyard of the Atlantic, the Congress
directs that a suitable display of artifacts and materials from
the United States ship Monitor be maintained permanently at an
appropriate site in coastal North Carolina.
[(b) Interpretation and Display of Artifacts.--
[(1) Submission of plan.--The Secretary shall, within
six months after November 7, 1988, submit to the
Committee on Merchant Marine and Fisheries 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.
[(2) Contents of plan.--The plan submitted under
subsection (a) of this section shall, at a minimum,
contain--
[(A) an identification of appropriate sites
in coastal North Carolina, either existing or
proposed, for display of artifacts and
materials of the United States ship Monitor;
[(B) an identification of suitable artifacts
and materials, including artifacts recovered or
proposed for recovery, for display in coastal
North Carolina;
[(C) an interpretive plan for the artifacts
and materials which focuses on the sinking,
discovery, and subsequent management of the
wreck of the United States ship Monitor; and
[(D) a draft cooperative agreement with the
State of North Carolina to implement the plan.]
[(c)] (b) Disclaimer.--This section shall not affect the
following:
(1) Responsibilities of secretary.--The
responsibilities of the Secretary to provide for the
protection, conservation, and display of artifacts and
materials from the United States ship Monitor.
(2) Authority of secretary.--The authority of the
Secretary to designate the Mariner's Museum, located at
Newport News, Virginia, as the principal museum for
coordination of activities referred to in paragraph
(1).
SEC. 315. ADVISORY COUNCILS. [16 U.S.C. 1445A]
(a) Establishment.--The Secretary may establish one or more
advisory councils (in this section referred to as an ``Advisory
Council'') to [provide assistance] advise and make
recommendations to the Secretary regarding the designation and
management of national marine sanctuaries. The Advisory
Councils shall be exempt from the Federal Advisory Committee
Act.
(b) Membership.--Members of the Advisory Councils may be
appointed from among--
(1) persons employed by Federal or State agencies
with expertise in management of natural resources;
(2) members of relevant Regional Fishery Management
Councils established under section 1852 of this title;
and
(3) representatives of local user groups,
conservation and other public interest organizations,
scientific organizations, educational organizations, or
others interested in the protection and multiple use
management of sanctuary resources.
(c) Limits on Membership.--For sanctuaries designated after
November 4, 1992, the membership of Advisory Councils shall be
limited to no more than 15 members.
(d) Staffing and Assistance.--The Secretary may make
available to an Advisory Council any staff, information,
administrative services, or assistance the Secretary determines
are reasonably required to enable the Advisory Council to carry
out its functions.
(e) Public Participation and Procedural Matters.--The
following guidelines apply with respect to the conduct of
business meetings of an Advisory Council:
(1) Each meeting shall be open to the public, and
interested persons shall be permitted to present oral
or written statements on items on the agenda.
(2) Emergency meetings may be held at the call of the
chairman or presiding officer.
(3) Timely notice of each meeting, including the
time, place, and agenda of the meeting, shall be
published locally and in the Federal Register, except
that in the case of a meeting of an Advisory Council
established to provide assistance regarding any
individual national marine sanctuary the notice is not
required to be published in the Federal Register.
(4) Minutes of each meeting shall be kept and contain
a summary of the attendees and matters discussed.
SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. [16 U.S.C.
1445B]
(a) Authority.--The Secretary may establish a program
consisting of--
(1) the creation, adoption, and publication in the
Federal Register by the Secretary of a symbol for the
national marine sanctuary program, or for individual
national marine sanctuaries;
(2) the solicitation of persons to be designated as
official sponsors of the national marine sanctuary
program or of individual national marine sanctuaries;
(3) the designation of persons by the Secretary as
official sponsors of the national marine sanctuary
program or of individual sanctuaries;
(4) the authorization by the Secretary of the [use]
manufacture, reproduction, or other use of any symbol
published under paragraph (1) by official sponsors of
the national marine sanctuary program or of individual
national marine [sanctuaries;] sanctuaries or by
persons that enter collaborative efforts with the
Secretary under subsection (f).
(5) the creation, marketing, and selling of products
to promote the national marine sanctuary program, and
entering into exclusive or nonexclusive agreements
authorizing entities to create, market or sell on the
Secretary's behalf;
(6) the solicitation and collection by the Secretary
of monetary or in-kind contributions from official
sponsors for the manufacture, reproduction or use of
the [symbols] symbols, including sale of items bearing
the symbols, published under paragraph (1);
(7) the retention of any monetary or in-kind
contributions collected under paragraphs (5) and (6) by
the Secretary; and
(8) the expenditure and use of any monetary and in-
kind contributions, without appropriation, by the
Secretary to designate and manage national marine
sanctuaries. Monetary and in-kind contributions raised
through the sale, marketing, or use of symbols and
products related to an individual national marine
sanctuary shall be used to support that sanctuary.
(b) Contract Authority.--The Secretary may contract with any
person for the creation of symbols or the solicitation of
official sponsors under subsection (a) of this section.
(c) Collaborations.--The Secretary may authorize the use of
the symbol described in subsection (a) by any person with which
the Secretary is engaged in a collaborative effort to carry out
the purposes and policies of this title.
[(c)] (d) Restrictions.--The Secretary may restrict the use
of the symbols published under subsection (a) of this section,
and the designation of official sponsors of the national marine
sanctuary program or of individual national marine sanctuaries
to ensure compatibility with the goals of the national marine
sanctuary program.
[(d)] (e) Property of United States.--Any symbol which is
adopted by the Secretary and published in the Federal Register
under subsection (a) of this section is deemed to be the
property of the United States.
[(e)] (f) Prohibited Activities.--It is unlawful for any
person--
(1) designated as an official sponsor to influence or
seek to influence any decision by the Secretary or any
other Federal official related to the designation or
management of a national marine sanctuary, except to
the extent that a person who is not so designated may
do so;
(2) to represent himself or herself to be an official
sponsor absent a designation by the Secretary;
(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] Secretary,
or without prior authorization under subsection (a)(4);
or
(4) to violate any regulation promulgated by the
Secretary under this section.
(g) Authorization for Non-Profit Organization To Solicit
Sponsors.--
(1) In general.--The Secretary may enter into an
agreement with a non-profit organization authorizing it
to assist in the administration of the sponsorship
program established under this section. Under an
agreement entered into under this paragraph, the
Secretary may authorize the non-profit organization to
solicit persons to be official sponsors of the national
marine sanctuary program or of individual national
marine sanctuaries, upon such terms as the Secretary
deems reasonable and will contribute to the successful
administration of the sanctuary system. The Secretary
may also authorize the non-profit organization to
collect the statutory contribution from the sponsor,
and, subject to paragraph (2), transfer the
contribution to the Secretary.
(2) Reimbursement for administrative costs.--Under
the agreement entered into under paragraph (1), the
Secretary may authorize the non-profit organization to
retain not more than 5 percent of the amount of
monetary contributions it receives from official
sponsors under the agreement to offset the
administrative costs of the organization in soliciting
sponsors.