[House Report 106-224]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-224
======================================================================
NATIONAL MARINE SANCTUARIES ENHANCEMENT ACT OF 1999
_______
July 12, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1243]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1243) to reauthorize the National Marine Sanctuaries Act,
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Sanctuaries
Enhancement Act of 1999''.
TITLE I--NATIONAL MARINE SANCTUARIES
SEC. 101. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.).
SEC. 102. FINDINGS; PURPOSES AND POLICIES.
(a) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
(1) in paragraph (2) by inserting ``cultural,
archaeological,'' after ``educational,''; and
(2) in paragraph (5) by inserting ``of national marine
sanctuaries managed as the National Marine Sanctuary System''
after ``program''.
(b) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431) is
amended--
(1) in paragraph (1) by inserting before the semicolon at the
end the following: ``, and to manage these areas as the
National Marine Sanctuary System''; and
(2) in paragraph (4) by inserting before the semicolon at the
end the following: ``and of the natural, historical, cultural,
and archaeological resources of the National Marine Sanctuary
System''.
SEC. 103. DEFINITIONS.
Section 302 (16 U.S.C. 1432) is amended as follows:
(1) Paragraph (2) is amended by striking ``Magnuson Fishery''
and inserting ``Magnuson-Stevens Fishery'';
(2) Paragraph (6) is amended by striking ``and'' after the
semicolon at the end of subparagraph (B), by inserting ``and''
after the semicolon at the end of subparagraph (C), and by
adding after subparagraph (C) the following:
``(D) the cost of curation and conservation of
archaeological, historical, and cultural sanctuary
resources;''.
(3) Paragraph (7) is amended by inserting ``, including costs
related to seizure, forfeiture, storage, or disposal arising
from liability under section 312'' after ``injury''.
(4) In paragraph (8) by inserting ``cultural,
archaeological,'' after ``educational,''.
(5) In paragraph (9) by striking ``Fishery Conservation and
Management''.
(6) By striking ``and'' after the semicolon at the end of
paragraph (8), by striking the period at the end of paragraph
(9) and inserting a semicolon, and by adding at the end the
following:
``(10) `person' means any individual (whether or not a
citizen or national of the United States), any corporation,
partnership, association, or other entity (whether or not
organized or existing under the laws of any State), and any
Federal, State, local, or foreign government or any entity of
any such government; and
``(11) `System' means the National Marine Sanctuary System
established by section 303.''.
SEC. 104. ESTABLISHMENT OF NATIONAL MARINE SANCTUARY SYSTEM; SANCTUARY
DESIGNATION STANDARDS.
(a) Establishment of National Marine Sanctuary System.--Section 303
(16 U.S.C. 1433(a)) is amended by striking the heading for the section
and all that follows through ``(a) Standards.--'' and inserting before
the remaining matter of subsection (a) the following:
``SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.
``(a) Establishment of System; Sanctuary Designation Standards.--
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) Sanctuary Designation Standards.--Section 303(b)(1) (16 U.S.C.
1433(b)(1)) is amended by striking ``and'' at the end of subparagraph
(H), by striking the period at the end of subparagraph (I) and
inserting a semicolon, and by adding at the end the following:
``(J) the area's value as a site for monitoring and
assessment activities; and
``(K) the value of the area as an addition to the
System.''.
(c) Repeal.--Section 303(b)(3) (16 U.S.C. 1433)(3)) is repealed.
SEC. 105. PROCEDURES FOR SANCTUARY DESIGNATION AND IMPLEMENTATION.
(a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as
follows:
``(C) no later than the day on which the notice
required under subparagraph (A) is submitted to Office
of the Federal Register, the Secretary shall submit a
copy of that notice and the draft sanctuary designation
documents prepared pursuant to section 304(a)(2) to the
Committee on Resources ofthe House of Representatives
and the Committee on Commerce, Science and Transportation of the
Senate;''.
(b) Sanctuary Designation Documents.--Section 304(a)(2) (16 U.S.C.
1434(a)(2)) is amended to read as follows:
``(2) Sanctuary designation documents.--The Secretary shall
prepare sanctuary designation documents on the proposal that
include the following:
``(A) A draft environmental impact statement pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(B)(i) A resource assessment report documenting
present and potential uses of the area proposed to be
designated as a national marine sanctuary, including
commercial and recreational fishing, research and
education, minerals and energy development, subsistence
uses, and other commercial, governmental, or
recreational uses.
``(ii) The Secretary, in consultation with the
Secretary of the Interior, shall draft and include in
the report a resource assessment section 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.
``(iii) The Secretary, in consultation with the
Secretary of Defense, the Secretary of Energy, and the
Administrator, shall draft and include in the report a
resource assessment section that includes any
information on past, present, or proposed future
disposal or discharge of materials in the vicinity of
the area proposed to be designated as a national marine
sanctuary. Public disclosure by the Secretary of such
information shall be consistent with national security
regulations.
``(C) A management plan for the proposed national
marine sanctuary that includes the following:
``(i) The terms of the proposed designation.
``(ii) Proposed mechanisms to coordinate
existing regulatory and management authorities
within the proposed sanctuary.
``(iii) The proposed goals and objectives,
management responsibilities, resource studies,
and appropriate strategies for managing
sanctuary resources of the proposed sanctuary,
including innovative approaches such as marine
zoning, interpretation and education, research,
monitoring and assessment, resource protection,
restoration, enforcement, and surveillance
activities.
``(iv) An evaluation of the advantages of
cooperative State and Federal management if all
or part of the proposed 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.).
``(v) The proposed regulations referred to in
paragraph (1)(A).
``(D) Maps depicting the boundaries of the proposed
sanctuary.
``(E) The basis of the findings made under section
303(a)(2) with respect to the area.
``(F) An assessment of the considerations under
section 303(b)(1).
``(G) 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.''.
(c) Terms of Designation.--Section 304(a)(4) (16 U.S.C. 1434(a)(4))
is amended by inserting ``cultural, archaeological,'' after
``educational,''.
(d) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C.
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary''.
(e) Federal Agency Actions Affecting Sanctuary Resources.--Section
304(d) (16 U.S.C. 1434(d)) is amended by adding at the end the
following:
``(4) Failure to follow alternative.--If the head of a
Federal agency takes an action other than an alternative
recommended by the Secretary and such action results in the
destruction or loss of or injury to a sanctuary resource, the
head of the agency shall promptly prevent and mitigate further
damage and restore or replace the sanctuary resource in a
manner approved by the Secretary.''.
(f) Limitation on Designation of New Sanctuaries.--Section 304 (16
U.S.C. 1434) is amended by adding at the end the following:
``(f) Limitation on Designation of New Sanctuaries.--
``(1) Funding required.--The Secretary may not prepare any
sanctuary designation documents for a proposed designation of a
national marine sanctuary, unless the Secretary has published a
finding that--
``(A) the addition of a new sanctuary will not have a
negative impact on the System; and
``(B) sufficient resources were available in the
fiscal year in which the finding is made to--
``(i) effectively implement sanctuary
management plans for each sanctuary in the
System; and
``(ii) complete site characterization studies
and inventory known sanctuary resources,
including cultural resources, for each
sanctuary in the System within 10 years after
the date that the finding is made if the
resources available for those activities are
maintained at the same level for each fiscal
year in that 10-year period.
``(2) Limitation on application.--Paragraph (1) does not
apply to any sanctuary designation documents for a Thunder Bay
National Marine Sanctuary.''.
SEC. 106. PROHIBITED ACTIVITIES.
Section 306 (16 U.S.C. 1436) is amended--
(1) in the matter preceding paragraph (1) by inserting ``for
any person'' after ``unlawful'';
(2) in paragraph (2) by inserting ``offer for sale, purchase,
import, export,'' after ``sell''; and
(3) by amending paragraph (3) to read as follows:
``(3) interfere with the enforcement of this title by--
``(A) refusing to permit any officer authorized to
enforce this title to board a vessel subject to such
person's control for the purposes of conducting any
search or inspection in connection with the enforcement
of this title;
``(B) forcibly assaulting, resisting, opposing,
impeding, intimidating, or interfering with any person
authorized by the Secretary to implement this title or
any such authorized officer in the conduct of any
search or inspection performed under this title; or
``(C) knowingly and willfully submitting false
information to the Secretary or any officer authorized
to enforce this title in connection with any search or
inspection conducted under this title; or''.
SEC. 107. ENFORCEMENT.
(a) Powers of Authorized Officers To Arrest.--Section 307(b) (16
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at
the end of paragraph (4), by striking the period at the end of
paragraph (5) and inserting ``; and'', and by adding at the end the
following:
``(6) arrest any person, if there is reasonable cause to
believe that such person has committed an act prohibited by
section 306(3).''.
(b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by
redesignating subsections (c) through (j) in order as subsections (d)
through (k), and by inserting after subsection (b) the following:
``(c) Criminal Offenses.--
``(1) Offenses.--A person is guilty of an offense under this
subsection if the person commits any act prohibited by section
306(3).
``(2) Punishment.--Any person that is guilty of an offense
under this subsection--
``(A) except as provided in subparagraph (B), shall
be fined under title 18, United States Code, imprisoned
for not more than 6 months, or both; or
``(B) in the case a person who in the commission of
such an offense uses a dangerous weapon, engages in
conduct that causes bodily injury to any person
authorized to enforce this title or any person
authorized to implement the provisions of this title,
or places any such person in fear of imminent bodily
injury, shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or
both.''.
(c) Subpoenas of Electronic Files.--Subsection (g) of section 307 (16
U.S.C. 1437), as redesignated by this section, is amended by inserting
``electronic files,'' after ``books,''.
SEC. 108. MONITORING.
(a) Provision of Support or Coordination.--Section 309(a) (16 U.S.C.
1440(a)) is amended by inserting ``, support, or coordinate'' after
``conduct''.
(b) Sanctuary Resource Centers.--Section 309 (16 U.S.C. 1440) is
amended by adding at the end the following:
``(c) Sanctuary Resource Centers.--(1) The Secretary may establish
facilities to promote national marine sanctuaries and the purposes and
policies of this title.
``(2) The Secretary may establish a facility under this subsection in
partnership with any person located near a national marine sanctuary,
pursuant to an agreement under section 311.''.
SEC. 109. SPECIAL USE PERMITS.
Section 310 (16 U.S.C. 1441) is amended--
(1) in subsection (b)(4), by inserting ``, or post an
equivalent bond,'' after ``general liability insurance'';
(2) by amending subsection (c)(2)(C) to read as follows:
``(C) an amount that represents the fair market value
of the use of the sanctuary resources.'';
(3) in subsection (c)(3)(B), by striking ``designating and'';
(4) in subsection (c) by inserting after paragraph (3) the
following:
``(4) Waiver or reduction of fees.--The Secretary may accept
in-kind contributions in lieu of a fee under paragraph (2)(C),
or waive or reduce any fee assessed under this subsection for
any activity that does not derive profit from the use of
sanctuary resources.''; and
(5) by adding at the end the following:
``(g) Notice.--The Secretary shall provide public notice of any
determination that a category of activity may require a special use
permit under this section.''.
SEC. 110. AGREEMENTS, DONATIONS, AND ACQUISITIONS.
(a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is
amended to read as follows:
``(a) Agreements and Grants.--The Secretary may enter into
cooperative agreements, contracts, or other agreements with, or make
grants to, States, local governments, regional agencies, interstate
agencies, or other persons to carry out the purposes and policies of
this title.''.
(b) Use of Resources From Other Government Agencies.--Section 311 (16
U.S.C. 1442) is amended by adding at the end the following:
``(e) Use of Resources of Other Government Agencies.--The Secretary
may, whenever appropriate, enter into an agreement with a State or
other Federal agency to use the personnel, services or facilities of
such agency on a reimbursable or non-reimbursable basis, to assist in
carrying out the purposes and policies of this title.
``(f) Authority To Obtain Grants.--Notwithstanding any other
provision of law that prohibits a Federal agency from receiving
assistance, the Secretary may apply for, accept, and use grants from
other Federal agencies, States, local governments, regional agencies,
interstate agencies, foundations, or other persons, to carry out the
purposes and policies of this title.''.
SEC. 111. DESTRUCTION OF, LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.
Section 312 (16 U.S.C. 1443) is amended--
(1) in subsection (c)--
(A) by inserting ``(1)'' before the first sentence;
(B) in paragraph (1) (as so designated) in the first
sentence by striking ``in the United States district
court for the appropriate district''; and
(C) by adding at the end the following:
``(2) An action under this subsection may be brought in the United
States district court for any district in which--
``(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(B) the vessel is located, in the case of an action against
a vessel; or
``(C) the destruction of, loss of, or injury to a sanctuary
resource occurred.''; and
(2) by adding at the end the following:
``(e) Statute of Limitations.--An action for response costs or
damages under subsection (c) shall be barred unless the complaint is
filed within 3 years after the date on which the Secretary completes a
damage assessment and restoration plan for the sanctuary resources to
which the action relates.''.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
Section 313 (16 U.S.C. 1444) is amended to read as follows:
``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) to carry out this title, $26,000,000 for each of fiscal
years 2000, 2001, 2002, 2003, and 2004; and
``(2) for construction projects at national marine
sanctuaries, $3,000,000 for each of fiscal years 2000, 2001,
2002, 2003, and 2004.''.
SEC. 113. ADVISORY COUNCILS.
Section 315(a) (16 U.S.C. 1445a(a)) is amended by striking ``provide
assistance to'' and inserting ``advise''.
SEC. 114. USE OF NATIONAL MARINE SANCTUARY PROGRAM SYMBOLS.
Section 316 (16 U.S.C. 1445b) is amended--
(1) in subsection (a)(4) by striking ``use of any symbol
published under paragraph (1)'' and inserting ``manufacture,
reproduction, or other use of any symbol published under
paragraph (1), including the sale of items bearing such a
symbol,'';
(2) by amending subsection (e)(3) to read as follows:
``(3) to manufacture, reproduce, or otherwise use any symbol
adopted by the Secretary under subsection (a)(1), including to
sell any item bearing such a symbol, unless authorized by the
Secretary under subsection (a)(4) or subsection (f); or''; and
(3) by adding at the end the following:
``(f) Collaborations.--The Secretary may authorize the use of a
symbol adopted by the Secretary under subsection (a)(1) by any person
engaged in a collaborative effort with the Secretary to carry out the
purposes and policies of this title and to benefit a national marine
sanctuary or the System.''.
SEC. 115. CLERICAL AMENDMENTS.
(a) Correction of References to Former Committee.--The following
provisions are amended by striking ``Merchant Marine and Fisheries''
and inserting ``Resources'':
(1) Section 303(b)(2)(A) (16 U.S.C. 6 1433(b)(2)(A)).
(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
(3) Section 314(b)(1) (16 U.S.C. 1445(b)(1)).
(b) Correction of References to Renamed Act.--
Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by
striking ``Fishery Conservation and Management''.
(c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is
amended by striking ``United States'' and inserting ``united states''.
TITLE II--RESERVES
SEC. 201. POLICIES AND PURPOSES.
(a) Declaration of Policy.--Section 303 of Public Law 94-370 (16
U.S.C. 1452) is amended by striking ``and'' after the semicolon in
paragraph (5), by striking the period at the end of paragraph (6) and
inserting a semicolon, and by adding at the end the following:
``(7) to use Federal, State, and community partnerships
developed through the system established by section 315 to
improve the understanding, stewardship, and management of
coastal areas; and
``(8) to encourage the development, application, and transfer
to local, State, and Federal resources managers of innovative
coastal and estuarine resources management technologies and
techniques that promote the long-term conservation of coastal
and estuarine resources.''.
(b) Purpose.--
(1) In general.--Section 315(a) of such Act (16 U.S.C.
1461(a)) is amended by adding at the end the following: ``The
purpose of each national estuarine reserve and of the System is
to improve the understanding, stewardship, and management of
coastal areas.''.
(2) Definition.--Section 304(8) of such Act (16 U.S.C.
1453(8)) is amended to read as follows:
``(8) The term `national estuarine reserve' means an area that is a
national estuarine reserve under section 315.''.
SEC. 202. AREAS THAT MAY BE DESIGNATED.
Section 315(b) of such Act (16 U.S.C. 1461(b)) is amended by adding
at the end the following:
``An area designated under this section may include any part or all of
an estuary and any island, transitional area, and upland in, adjoining,
or adjacent to such estuary, that constitutes, to the extent feasible,
a natural unit.''.
SEC. 203. DONATIONS.
Section 315(e) of such Act (16 U.S.C. 1461(e)) is amended by adding
at the end the following:
``(4)(A) The Secretary may--
``(i) enter into cooperative agreements or contracts, with,
or make grants to, any nonprofit organization established to
benefit a national estuarine reserve, authorizing the
organization to solicit donations to carry out projects, other
than general administration of the reserve or the System, that
are consistent with the purpose of the reserve and the System;
and
``(ii) accept donations of funds and services for use in
carrying out projects, other than general administration of a
national estuarine reserve or the System, that are consistent
with the purpose of the reserve and the System.
``(B) Donations accepted under this paragraph shall be considered as
a gift or bequest to or for the use of the United States for carrying
out this section.''.
SEC. 204. EVALUATIONS.
Section 315(f)(1) of such Act (16 U.S.C.1461(f)(1)) is amended by
inserting ``coordination with State programs established under section
306,'' after ``including''.
SEC. 205. AUTHORIZATION.
Section 318(a) of such Act (16 U.S.C. 1464(a)) is amended by striking
``and'' after the semicolon at the end of paragraph (1)(C), and by
striking paragraph (2) and inserting the following:
``(2) for grants under section 315--
``(A) $7,000,000 for fiscal year 2000;
``(B) $8,000,000 for fiscal year 2001;
``(C) $9,000,000 for fiscal year 2002;
``(D) $10,000,000 for fiscal year 2003; and
``(E) $11,000,000 for fiscal year 2004; and
``(3) for grants for construction projects at national
estuarine reserves designated under section 315, $12,000,000
for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.
Amend the title so as to read:
A bill to reauthorize and amend the National Marine
Sanctuaries Act, and for other purposes.
Purpose of the Bill
The purpose of H.R. 1243, as ordered reported, is to reauthorize
and amend the National Marine Sanctuaries Act, and for other purposes.
Background and Need for Legislation
The National Marine Sanctuaries Act of 1972 (NMSA, 16 U.S.C. 1431
et seq.) was passed as Title III of Public Law 92-532. The NMSA
authorizes the Secretary of Commerce, acting through the National
Oceanic and Atmospheric Administration (NOAA), to designate and manage
areas of the marine environment with nationally significant aesthetic,
ecological, historical, or recreational values as National Marine
Sanctuaries. The purposes and policies of the NMSA state multiple
goals: to protect marine resources, such as coral reefs, sunken
historical vessels or unique habitats, while facilitating all
compatible public and private uses of those resources. The current
authorization of appropriations expires on September 30, 1999.
NOAA administers the National Marine Sanctuary Program through the
Marine Sanctuaries Division of the Office of Ocean and Coastal Resource
Management. Twelve areas have been designated as National Marine
Sanctuaries (Table 1). They range in size from less than one square
mile (Fagatele Bay in American Samoa) to over 5,300 square miles
(Monterey Bay in California) and include nearshore coral reefs, open
ocean and shipwrecks. Six of the 12 sanctuaries have been designated
since 1990. One additional area, Thunder Bay, Michigan, is an active
candidate for designation. These sanctuaries support valuable
commercial activities such as fishing and kelp harvesting while
providing areas for public education, monitoring, research, and
sportfishing.
The Secretary may designate an area as a National Marine
Sanctuary if the area meets the criteria established in the
NMSA. Sanctuary designations must consider the site's
aesthetic, conservation, ecological, recreational, educational,
historical and research values. Congress has the authority to
review a sanctuary designation before it becomes final. In the
case of a sanctuary which is located partially or wholly within
the seaward boundary of any State, the Governor of that State
has the authority to fully or partially block designation in
State waters. Congress has legislatively designated five
National Marine Sanctuaries, and has passed legislation
relating to several others.
The NMSA protects areas designated as National Marine
Sanctuaries in several ways. First, the NMSA provides civil
penalties for persons who destroy, cause the loss of, or injure
sanctuary resources protected under a sanctuary's regulations.
Persons who interfere with the enforcement of sanctuary
regulations also face civil penalties. Sanctuaries are covered
by strict vessel liability provisions, which apply to oil
spills, groundings, or other actions that damage marine
sanctuary resources. Second, the NMSA requires that federal
agencies conducting activities likely to affect sanctuary
resources consult with the Secretary of Commerce. Third,
legislation establishing a sanctuary can also limit activities
there. For example, amendments to the NMSA prohibit offshore
oil and gas leasing within the Monterey Bay National Marine
Sanctuary.
Sanctuaries are managed on a site-by-site basis according
to detailed sanctuary management plans, prepared NOAA and
published in the Federal Register. The Secretary is authorized
to establish advisory councils to provide assistance in
designating and managing National Marine Sanctuaries. In most
cases, advisory councils are established prior to designation,
and may remain active after designation. Six sanctuaries
currently have actively operating advisory councils. The
Secretary also works with appropriate Regional Fishery
Management Councils established under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) to prepare fishing regulations for sanctuaries within the
U.S. 200-mile Exclusive Economic Zone.
H.R. 1243 would reauthorize the National Marine Sanctuary
Program for five years at the Administration's fiscal year 2000
funding request levels. This includes $26 million to operate
the sanctuaries and $3 million for construction projects at the
sanctuaries annually. Although the NMSA has been in existence
for 27 years, not all of the existing sanctuary management
plans have been fully implemented. NOAA believes that only 31
percent of sanctuary sites have reached a ``baseline
operational level.'' The increased authorization is needed to
improve operations at existing sanctuaries, which have been
chronically underfunded. The Committee believes that this level
of funding will allow the agency to bring the National Marine
Sanctuary Program up to the minimum funding level required to
operate the existing sanctuaries, make progress on site
characterizations, improve outreach and local involvement at
the sites, and plan for future needs. The construction funds
will be used to develop sanctuary visitor centers in
cooperation with other federal agencies and existing aquaria,
museums, universities and other facilities.
The Committee is concerned with the operation,
administration and maintenance of existing sanctuaries. To
address this concern, H.R. 1243 prohibits NOAA from designating
additional sanctuaries or undertaking any new efforts to
propose additional sanctuaries until the Secretary can
determine that the addition of a new sanctuary will not have a
negative impact on existing sanctuaries and that sufficient
funding is available to effectively implement sanctuary
management plans and make progress towards completing site
characterization studies within 10 years.
Title II of H.R. 1243 reauthorizes the National Estuarine
Research Reserve System for five years. Authorization of
appropriations for the System expires on September 30, 1999.
The reserves are well-established federal and State
partnerships funded through NOAA's Office of Ocean and Coastal
Resources Management, Estuarine Reserves Division. Day-to-day
management of the reserves remains the responsibility of State
and local authorities. The System was established as part of
the 1972 Coastal Zone Management Act (16 U.S.C. 1451 et seq.)
to protect key areas suitable for study, monitoring and public
education activities related to coastal issues and estuarine
habitat. National Estuarine Research Reserves are not
affiliated with the National Estuary Program administered by
the Environmental Protection Agency under the Clean Water Act.
Estuaries are vibrant, dynamic ecosystems that provide
habitat for many plant, animal and important fish species. In
addition to acting as nurseries for juvenile fish and wintering
grounds for migratory waterfowl, these coastal wetlands provide
flood control benefits and protect shorelines from storm
damage. Despite their importance, many estuaries suffer from
degraded habitat, poor water quality, harmful algal blooms and
face increasing development pressure. The problems faced by
these systems are poorly understood and the values these areas
provide are often difficult to quantify. The National Estuarine
Research Reserve System is an important component of this
Nation's resource protection and management efforts. Currently,
the System consists of 23 reserves in 20 States and
territories, covering nearly 1,000,000 acres of land and water
habitat (Table 2). The acreage of the System is expected to
increase with the addition of four new reserves into the System
in the near future.
Committee Action
H.R. 1243 was introduced by Congressmen Jim Saxton (R-NJ)
on March 24, 1999. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On May 6, 1999,
the Subcommittee held a hearing on the bill. Testimony was
received from Ms. Sally Yozell, Deputy Assistant Secretary for
Oceans and Atmosphere (NOAA) and Dr. Jane Lubchenco,
Distinguished Professor of Zoology at Oregon State University.
The Department of Commerce submitted its official views on H.R.
1243 on May 26, 1999. The Administration generally supported
the legislation, but enumerated several concerns regarding the
language of the sanctuary designation moratorium. On May 27,
1999, the Subcommittee met to mark up the bill. Mr. Saxton
offered an amendment in the nature of a substitute which
addressed many of the Administration's concerns. The amendment
was adopted by voice vote, and the bill, as amended, was
ordered favorably reported to the Full Committee on Resources
by voice vote. On June 9, 1999, the Full Resources Committee
met to consider the bill. Mr. Saxton offered an amendment in
the nature of a substitute to resolve remaining issues and
revise the language pertaining to the sanctuary designation
moratorium. This amendment was adopted by voice vote. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
The short title of H.R. 1243 is the ``National Marine
Sanctuary Enhancement Act of 1999.''
title i national marine sanctuaries
Section 101. Amendment of National Marine Sanctuaries Act
Except as otherwise provided, all references in Title I of
H.R. 1243 refer to the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.).
Section 102. Findings; purposes and policies
This section amends the findings, purposes and policies of
the NMSA to include maintaining and preserving ``cultural and
archeological resources'' in addition to ``natural and living
resources.'' Section 102 also establishes the existing
sanctuaries as the National Marine Sanctuary System for the
purpose of managing the sanctuaries as a system.
Section 103. Definitions
Section 103 amends Section 302 of the NMSA to correct the
reference to the Magnuson-Stevens Fishery Conservation and
Management Act, and amend the definition of ``damages'' to
include ``the cost of curation and conservation of
archeological, historical, and cultural sanctuary
resources.''The term ``response costs'' is amended to include ``costs
related to seizure, forfeiture, storage, or disposal arising from
liability under a response action.'' Under this definition of response
costs, the Secretary is allowed to collect the costs of seizure,
forfeiture, storage and disposal incurred by the federal government as
part of a response effort. The term ``sanctuary resource'' is amended
to include cultural and archaeological values. This section also
creates new definitions for the terms ``person'' and ``System.'' The
term ``person'' is identical to that used in the Magnuson-Stevens
Fishery Conservation and Management Act. ``System'' means the National
Marine Sanctuary System established in Section 104 of H.R. 1243.
Section 104. Establishment of National Marine Sanctuary System;
sanctuary designation standards
Section 104 amends Section 303 of the NMSA to incorporate
the existing sanctuaries into the National Marine Sanctuary
System and add two new factors for consideration by the
Secretary when proposing new sanctuaries. Prior to designating
a new sanctuary, the Secretary must consider the area's value
as a site for ocean assessment and monitoring, and the benefits
to the System of adding the proposed sanctuary. Section 104
also moves the requirements pertaining to the resource
assessment report to NMSA Section 304. This move consolidates
the information needed for sanctuary designation and
implementation of sanctuary management plans.
Section 105. Procedures for sanctuary designation and implementation
This section restructures the procedures the Secretary must
follow to designate sanctuaries. Currently, sanctuary
designation activities are scattered throughout the NMSA. This
section is intended to clarify the procedure, and does not add
any new requirements or remove any existing requirements.
Section 105 amends NMSA Section 304 to include a list of all of
the documents the Secretary needs to prepare to propose a new
sanctuary. These include a draft environmental impact
statement, resource assessment report, draft management plan,
terms of designation, proposed regulations, and maps.
Additionally, the Secretary is required to submit notice of the
sanctuary proposal to the Committee on Resources of the House
of Representatives and the Committee on Commerce, Science and
Transportation of the Senate. Section 105 also requires other
federal agencies to work with the Secretary and take
responsibility to mitigate destruction, loss of, or injury to,
sanctuary resources when taking an action contrary to a
recommended alternative given by the Secretary, and that action
causes injury to a sanctuary resource.
Section 105 prohibits the Secretary from designating
additional sanctuaries until the Secretary publishes a finding
that the addition of the new sanctuary will not have a negative
impact on the System, and that sufficient funding is available
to implement sanctuary management plans and complete site
characterization studies within 10 years. This limitation does
not apply to the proposed Thunder Bay Sanctuary.
Section 106. Prohibited activities
Section 106 amends Section 306 of the NMSA to make it
illegal to offer for sale, purchase, import or export sanctuary
resources. Currently, it is only illegal to sell sanctuary
resources. Section 106 also provides an explicit list of
activities that constitute ``interfering with the enforcement''
of the NMSA, including the following: refusing to permit any
authorized officer to board a vessel to conduct a search;
forcibly assaulting or resisting any person authorized to
enforce the NMSA; and knowingly and willfully submitting false
information to the Secretary in connection with a search. This
change is necessary because Section 107 of H.R. 1243
establishes criminal penalties for persons who interfere with
the enforcement of the NMSA.
Section 107. Enforcement
Section 107 amends Section 307 of the NMSA to grant
authorized officials the authority to arrest any person if
there is reasonable cause to believe that the person has
committed a prohibited act under the NMSA. This section
includes, for the first time, criminal penalties for
interfering with the enforcement of the NMSA in addition to the
existing civil penalties for lesser infractions. The listed
criminal offenses include: refusing to allow an authorized
search; forcibly assaulting or resisting an officer, and
knowingly and willfully submitting false information.
Punishment for these crimes includes fines and prison sentences
under Title 18 of the U.S. Code and is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act.
Section 107 also authorizes the Secretary to subpoena
electronic files needed in connection with an investigation
under the NMSA.
Section 108. Monitoring
Section 108 amends Section 309 of the NMSA to allow the
Secretary to support or coordinate monitoring and research
activities carried out by third parties such as universities,
non-profit groups, and other government agencies in National
Marine Sanctuaries. Currently, NOAA is required to conduct all
monitoring and research at the sanctuaries. This change will
allow NOAA to enter into partnerships to carry out these types
of activities. Section 108 authorizes the Secretary to
establish Sanctuary Resource Centers which are intended to be
visitor and education centers necessary to carry out the
purposes, policies and management plans of the sanctuaries. In
lieu of new construction, the Secretary is encouraged to enter
into partnerships and agreements with existing facilities such
as aquaria, universities or other government agencies that are
located near the appropriate sanctuary when establishing
Sanctuary Resource Centers.
Section 109. Special use permits
Section 109 amends Section 310 of the NMSA to allow persons
applying for a special use permit to post a bond instead of
maintaining liability insurance. Section 310 of the NMSA
already allows the Secretary to charge fees for special use
permits that represent the fair market value of the use.
Section 109 of H.R. 1243 allows the Secretary to continue
charging fees for special use permits that represent fair
market value, but deletes the phrase ``and a reasonable return
to the United States Government.'' Section 109 allows the
Secretary to waive or reduce the fees, or accept in-kind
contributions, when the activity carried out under the special
use permit is not intended to derive profitfrom the sanctuary
(e.g., educational and research activities). This section also requires
the Secretary to provide public notice of the categories of activities
that may require special use permits under this section. Recreational
fishing is covered under 16 U.S.C. 1434(a)(5), and other applicable
State and federal laws, and is not subject to special use permits under
this section.
Section 110. Cooperative agreements, donations and acquisitions
Section 110 clarifies Section 311 of the NMSA regarding
cooperative agreements, grants, contracts and other agreements
between the Secretary and other parties. Section 110 allows the
Secretary to apply for and use grants provided under other
federal programs to carry out the purposes and policies of the
National Marine Sanctuaries Act. The Secretary is authorized to
enter into contracts or other agreements with other government
agencies (federal, State or local) to coordinate resources,
capital, and personnel for use in the sanctuaries. This
provision allows NOAA to contract with local authorities for
monitoring, enforcement and other activities that can be more
efficiently carried out using existing non-federal personnel
and assets.
Section 111. Destruction of, loss of, or injury to, sanctuary resources
Section 111 amends Section 312 of the NMSA to give the
Secretary the option to commence a civil action for damage to a
sanctuary resource in the United States district court for any
district which the defendant is located, the vessel which
damaged the resource is located, or sanctuary resource
location. Current law does not specify the venue for a civil
action brought by the Secretary under the NMSA. Section 111
also places a three-year statute of limitations on actions
brought by the Secretary to recover response costs that result
from an injury to sanctuary resources. The limitation begins
three years from the date that the Secretary completes a damage
assessment and restoration plan. Existing law places no statute
of limitations on actions to recover response costs.
Section 112. Authorization of appropriations
Section 112 amends Section 313 of the NMSA. It authorizes
$26 million for operations at the sanctuaries and $3 million
for construction projects at the sanctuaries for each of fiscal
years 2000 through 2004.
Section 113. Advisory councils
This section amends Section 315 of the NMSA to clarify the
role of advisory councils from ''provide assistance to'' the
Secretary to ``advise'' the Secretary.
Section 114. Use of National Marine Sanctuary Program symbols
Under Section 316 of the NMSA, the Secretary may authorize
the use of sanctuary logos and symbols by official sanctuary
sponsors. Section 114 allows the Secretary to authorize the
use, manufacture, reproduction, or any other use, including the
sale of items bearing sanctuary symbols and logos, by official
sanctuary sponsors as well as by non-financial sanctuary
partners (known as collaborators) provided that such use is
beneficial to the System. Section 114 makes it unlawful for any
person to manufacture, reproduce, or otherwise use official
sanctuary logos or symbols unless specifically authorized by
the Secretary.
Section 115. Clerical amendments
Section 115 makes numerous technical corrections to the
NMSA, including correcting references from the defunct Merchant
Marine and Fisheries Committee to the Committee on Resources of
the House of Representatives, and correcting the references to
the Magnuson-Stevens Fishery Conservation and Management Act.
title ii--reserves
Section 201. Policies and purposes
Section 201 clarifies the policies of the 1972 Coastal Zone
Management Act (CZMA, 16 U.S.C. 1451 et seq.) as they pertain
to the National Estuarine Research Reserve System. Section 201
amends Section 303 of the CZMA to state that it is the policy
of the National Estuarine Research Reserve System to develop
federal, State and community partnerships to improve the
understanding, management and stewardship of coastal areas and
to encourage the development, application and transfer of
innovative coastal management technologies to local, State and
federal resource managers. Section 201 also replaces the
definition of the term ``estuarine sanctuary'' with ``national
estuarine reserve'' in Section 304 of the CZMA.
Section 202. Areas that may be designated
Section 202 amends Section 315 of the CZMA to clarify that
areas designated as estuarine reserves may include estuaries,
islands, transitional lands, and adjoining upland to the extent
that this land constitutes a natural ecosystem unit, such as a
watershed.
Section 203. Donations
Section 203 amends CZMA Section 315 to authorize the
Secretary to enter into cooperative agreements and contracts
with, or make grants to, any nonprofit organization established
to benefit a National Estuarine Research Reserve, to the extent
that such activities are consistent the purposes of the
National Estuarine Research Reserve System. The Secretary is
also authorized to accept donations to carry out research and
education projects at the reserves. This change allows the
estuarine reserves to use volunteers and donations, and is
consistent with existing law pertaining to National Marine
Sanctuaries and National Wildlife Refuges.
Section 204. Evaluations
Under existing law, the Secretary is required to
periodically evaluate the operations and activities of the
National Estuarine Research Reserves. Section 204 amends the
CZMA to require the Secretary to include an evaluation of
efforts to coordinate reserve activities with State coastal
zone management programs established under the Coastal Zone
Management Act.
Section 205. Authorization
Section 205 amends Section 318 of the CZMA to authorize the
following appropriations to administer the National Estuarine
Research Reserve Program: $7 million in fiscal year 2000; $8
million in fiscal year 2001; $9 million in fiscal year 2002;
$10 million in fiscal year 2003; and $11 million in fiscal year
2004. This section also authorizes $12 million for construction
at the reserves for each of fiscal years 2000 through 2004.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Federal Advisory Committee Statement
H.R. 1243 reauthorizes funding for an existing advisory
committee whose functions could not be performed by one or more
agencies, or by enlarging the mandate of another existing
advisory committee.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 1243 would increase revenues to the federal
government and also increase direct spending but that the bill
``would not have a significant effect on the federal budget in
any year.''
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 1, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1243, the National
Marine Sanctuaries Enhancement Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry A. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1243--National Marine Sanctuaries Enhancement Act of 1999
Summary: Assuming appropriation of the authorized amounts,
CBO estimates that implementing H.R. 1243 would cost the
federal government $225 million over the 2000-2004 period. (The
balance of $25 million of the authorized funds would be spent
in subsequent years.) 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. H.R. 1243
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). State and
local governments might incur some costs as a result of the
bill's enactment, but these costs would be voluntary.
H.R. 1243 would amend the National Marine Sanctuaries Act,
which authorizes and governs two programs carried out by the
National Oceanic and Atmospheric Administration (NOAA): the
National Marine Sanctuaries System (NMSS) and the National
Estuarine Research Reserve System (NERRS). The amendments would
streamline the process for designating new sites for the NMSS,
strengthen existing enforcement measures, and authorize new
construction activities at units of the two systems. In
addition, the bill would authorize appropriations for new and
existing activities to support these systems.
Title I would authorize the appropriation of $26 million
annually over the 2000-2004 period for operation of the NMSS
and $3 million annually over the same period for new
construction projects at marine sanctuaries. Title II would
authorize appropriations for grants made under the NERRS
program. The bill would authorize grants for new construction
projects at national estuarine reserves ($12 million annually
over the 2000-2004 period) and grants for reserve operations
and other NERRS purposes ($7 million for 2000, $8 million for
2001, $9 million for 2002, $10 million for 2003, and $11
million for 2004).
In addition to amendments made to streamline or enhance the
NMSS and NERRS programs and to the authorizations of
appropriations for the two systems, other provisions of the
bill would:
Increase civil penalties imposed on persons who
damage sanctuary resources and make other federal
agencies who take actions (other than those recommended
by NOAA) that affect marine sanctuaries liable for the
costs of mitigating any harm and restoring or replacing
damaged resources:
Change the way NOAA sets fees for special use permits
at sanctuaries;
Clarify how NOAA may collaborate with other entities
in using NMSS symbols to enhance the system;
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
estuaries.
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 H.R. 1243 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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 or, in the case of the new
construction authorizations, similar activities of NOAA.
Section 105 of H.R. 1243 would specifically make federal
agencies liable for damages they may cause to marine
sanctuaries if their activities are not approved or recommended
by NOAA. The costs of mitigating damage to sanctuaries and
restoring or replacing damaged resources could be significant,
but CBO believes that such costs would have been incurred under
existing law even in the absence of this provision.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\............................ 26 0 0 0 0 0
Estimated Outlays............................... 21 7 3 2 0 0
Proposed Changes:
Authorization Level............................. 0 48 49 50 51 62
Estimated Outlays............................... 0 32 43 48 50 52
Spending Under H.R. 1243:
Authorization Level \1\......................... 26 48 49 50 40 52
Estimated Outlays............................... 21 39 46 50 50 52
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year for NMSS and NERRS. Of this amount, about $7 million
was appropriated for construction at national estuaries.
Section 106 would amend enforcement provisions of the
National Marine Sanctuaries Act. Because this section would
raise civil penalties imposed under the act, governmental
receipts could increase. CBO estimates that any increases would
be less than $500,000 a year.
Several other provisions could affect offsetting receipts
(a credit against direct spending) or governmental receipts.
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 over time.
Moreover, most such changes would be negligible. These
provisions are:
Section 109, which could result in additional
offsetting receipts by making it easier for NOAA to
charge fees for special use permits at sanctuaries, and
which could result in lower receipts by preventing the
agency from recovering certain sanctuary-related
expenses and by allowing it to accept in-kind
contributions in lieu of fees;
Section 110, which would allow NOAA to accept and use
grants provided by state, local, or regional government
agencies.
Section 114, which would clarify that NOAA may
authorize the us of certain symbols of the NMSS by
collaborators engaged in joint efforts with the agency
to benefit the system; and
Section 203, which would grant the NERRS program the
same authority to collect and use private donations as
the NMSS program enjoys.
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 H.R. 1243 could affect direct spending and
governmental receipts. CBO estimates, however, that these
provisions would not have a significant effect on the federal
budget in any year.
Estimated impact on state, local, and tribal governments:
H.R. 1243 contains no intergovernmental mandates as defined in
UMRA. Both of the programs reauthorized by this bill involve
voluntary participation by state and local governments,
particularly the National Estuarine Reserve System, which is
based on established federal and state partnerships.
Estimated impact on the private sector: This bill contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Deborah Reis; impact
on state, local, and tribal governments: Marjorie Miller.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter 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.
(a) Findings.--The Congress finds that--
(1) * * *
(2) certain areas of the marine environment possess
conservation, recreational, ecological, historical,
research, educational, cultural, archaeological, or
esthetic qualities which give them special national,
and in some cases international, significance;
* * * * * * *
(5) such a Federal program of national marine
sanctuaries managed as the National Marine Sanctuary
System will also serve to enhance public awareness,
understanding, appreciation, and wise use of the marine
environment; and
* * * * * * *
(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, and to manage these
areas as the National Marine Sanctuary System;
* * * * * * *
(4) to enhance public awareness, understanding,
appreciation, and wise use of the marine environment
and of the natural, historical, cultural, and
archaeological resources of the National Marine
Sanctuary System;
* * * * * * *
SEC. 302. DEFINITIONS.
As used in this title, the term--
(1) * * *
(2) ``Magnuson Act'' means the [Magnuson Fishery]
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
(6) ``damages'' includes--
(A) * * *
(B) the cost of damage assessments under
section 312(b)(2); [and]
(C) the reasonable cost of monitoring
appropriate to the injured, restored, or
replaced 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, including costs related
to seizure, forfeiture, storage, or disposal arising
from liability under section 312;
(8) ``sanctuary resource'' means any living or
nonliving resource of a national marine sanctuary that
contributes to the conservation, recreational,
ecological, historical, research, educational,
cultural, archaeological, or aesthetic value of the
sanctuary; [and]
(9) ``exclusive economic zone'' means the exclusive
economic zone as defined in the Magnuson [Fishery
Conservation and Management] Act[.];
(10) ``person'' means any individual (whether or not
a citizen or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of
any State), and any Federal, State, local, or foreign
government or any entity of any such government; and
(11) ``System'' means the National Marine Sanctuary
System established by section 303.
[SEC. 303. SANCTUARY DESIGNATION STANDARDS.
[(a) Standards.--]
SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.
(a) Establishment of System; Sanctuary Designation
Standards.--There is established the National Marine Sanctuary
System, which shall consist of national marine sanctuaries
designated by the Secretary in accordance with this title. 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) * * *
* * * * * * *
(b) Factors and Consultations Required in Making
Determinations and Findings.--
(1) Factors.--For purposes of determining if an area
of the marine environment meets the standards set forth
in subsection (a), the Secretary shall consider--
(A) * * *
* * * * * * *
(H) the negative impacts produced by
management restrictions on income-generating
activities such as living and nonliving
resources development; [and]
(I) the socioeconomic effects of sanctuary
designation[.];
(J) the area's value as a site for monitoring
and assessment activities; and
(K) the value of the area as an addition to
the System.
(2) 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;
* * * * * * *
[(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), 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.]
SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.
(a) Sanctuary Proposal.--
(1) Notice.--In proposing to designate a national
marine sanctuary, the Secretary shall--
(A) * * *
* * * * * * *
[(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) with respect to
the area;
[(iii) an assessment of the
considerations under section 303(b)(1);
[(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) no later than the day on which the notice
required under subparagraph (A) is submitted to
Office of the Federal Register, the Secretary
shall submit a copy of that notice and the
draft sanctuary designation documents prepared
pursuant to section 304(a)(2) to the Committee
on Resources of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate;
[(2) Environmental impact statement.--The Secretary
shall--
[(A) prepare a draft environmental impact
statement, as provided by 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), 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.]
(2) Sanctuary designation documents.--The Secretary
shall prepare sanctuary designation documents on the
proposal that include the following:
(A) A draft environmental impact statement
pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(B)(i) A resource assessment report
documenting present and potential uses of the
area proposed to be designated as a national
marine sanctuary, including commercial and
recreational fishing, research and education,
minerals and energy development, subsistence
uses, and other commercial, governmental, or
recreational uses.
(ii) The Secretary, in consultation with the
Secretary of the Interior, shall draft and
include in the report a resource assessment
section 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.
(iii) The Secretary, in consultation with the
Secretary of Defense, the Secretary of Energy,
and the Administrator, shall draft and include
in the report a resource assessment section
that includes any information on past, present,
or proposed future disposal or discharge of
materials in the vicinity of the area proposed
to be designated as a national marine
sanctuary. Public disclosure by the Secretary
of such information shall be consistent with
national security regulations.
(C) A management plan for the proposed
national marine sanctuary that includes the
following:
(i) The terms of the proposed
designation.
(ii) Proposed mechanisms to
coordinate existing regulatory and
management authorities within the
proposed sanctuary.
(iii) The proposed goals and
objectives, management
responsibilities, resource studies, and
appropriate strategies for managing
sanctuary resources of the proposed
sanctuary, including innovative
approaches such as marine zoning,
interpretation and education, research,
monitoring and assessment, resource
protection, restoration, enforcement,
and surveillance activities.
(iv) An evaluation of the advantages
of cooperative State and Federal
management if all or part of the
proposed 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.).
(v) The proposed regulations referred
to in paragraph (1)(A).
(D) Maps depicting the boundaries of the
proposed sanctuary.
(E) The basis of the findings made under
section 303(a)(2) with respect to the area.
(F) An assessment of the considerations under
section 303(b)(1).
(G) 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.
* * * * * * *
(4) 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 esthetic
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.
* * * * * * *
(6) Committee action.--After receiving the documents
under subsection (a)(1)(C), 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 the documents, 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) * * *
(2) Withdrawal of designation.--If the Secretary
considers that actions taken under paragraph (1) will
affect the designation of a national marine sanctuary
or System in a manner that the goals and objectives of
the sanctuary 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.
* * * * * * *
(d) Interagency Cooperation.--
(1) * * *
* * * * * * *
(4) Failure to follow alternative.--If the head of a
Federal agency takes an action other than an
alternative recommended by the Secretary and such
action results in the destruction or loss of or injury
to a sanctuary resource, the head of the agency shall
promptly prevent and mitigate further damage and
restore or replace the sanctuary resource in a manner
approved by the Secretary.
* * * * * * *
(f) Limitation on Designation of New Sanctuaries.--
(1) Funding required.--The Secretary may not prepare
any sanctuary designation documents for a proposed
designation of a national marine sanctuary, unless the
Secretary has published a finding that--
(A) the addition of a new sanctuary will not
have a negative impact on the System; and
(B) sufficient resources were available in
the fiscal year in which the finding is made
to--
(i) effectively implement sanctuary
management plans for each sanctuary in
the System; and
(ii) complete site characterization
studies and inventory known sanctuary
resources, including cultural
resources, for each sanctuary in the
System within 10 years after the date
that the finding is made if the
resources available for those
activities are maintained at the same
level for each fiscal year in that 10-
year period.
(2) Limitation on application.--Paragraph (1) does
not apply to any sanctuary designation documents for a
Thunder Bay National Marine Sanctuary.
* * * * * * *
SEC. 306. PROHIBITED ACTIVITIES.
It is unlawful for any person 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, 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 officer authorized
to enforce this title to board a vessel subject
to such person's control for the purposes of
conducting any search or inspection in
connection with the enforcement of this title;
(B) forcibly assaulting, resisting, opposing,
impeding, intimidating, or interfering with any
person authorized by the Secretary to implement
this title or any such authorized officer in
the conduct of any search or inspection
performed under this title; or
(C) knowingly and willfully submitting false
information to the Secretary or any officer
authorized to enforce this title in connection
with any search or inspection conducted under
this title; or
(4) violate any provision of this title or any
regulation or permit issued pursuant to this title.
SEC. 307. ENFORCEMENT.
(a) * * *
(b) Powers of Authorized Officers.--Any person who is
authorized to enforce this title may--
(1) * * *
* * * * * * *
(4) execute any warrant or other process issued by
any court of competent jurisdiction; [and]
(5) exercise any other lawful authority[.]; and
(6) arrest any person, if there is reasonable cause
to believe that such person has committed an act
prohibited by section 306(3).
(c) Criminal Offenses.--
(1) Offenses.--A person is guilty of an offense under
this subsection if the person commits any act
prohibited by section 306(3).
(2) Punishment.--Any person that is guilty of an
offense under this subsection--
(A) except as provided in subparagraph (B),
shall be fined under title 18, United States
Code, imprisoned for not more than 6 months, or
both; or
(B) in the case a person who in the
commission of such an offense uses a dangerous
weapon, engages in conduct that causes bodily
injury to any person authorized to enforce this
title or any person authorized to implement the
provisions of this title, or places any such
person in fear of imminent bodily injury, shall
be fined under title 18, United States Code,
imprisoned for not more than 10 years, or both.
[(c)] (d) Civil Penalties.--
(1) * * *
* * * * * * *
[(d)] (e) Forfeiture.--
(1) * * *
* * * * * * *
[(e)] (f) Payment of Storage, Care, and Other Costs.--
(1) * * *
* * * * * * *
[(f)] (g) 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,
United States Code, 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.
[(g)] (h) 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)] (i) 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, United States Code.
[(i)] (j) 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 312, 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)] (k) Area of Application and Enforceability.--The area
of application and enforceability of this title includes the
territorial sea 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. 309. RESEARCH, MONITORING, AND EDUCATION.
(a) In general.--The Secretary shall conduct, support, or
coordinate research, monitoring, evaluation, and education
programs as are necessary and reasonable to carry out the
purposes and policies of this title.
* * * * * * *
(c) Sanctuary Resource Centers.--(1) The Secretary may
establish facilities to promote national marine sanctuaries and
the purposes and policies of this title.
(2) The Secretary may establish a facility under this
subsection in partnership with any person located near a
national marine sanctuary, pursuant to an agreement under
section 311.
SEC. 310. SPECIAL USE PERMITS.
(a) * * *
(b) Permit Terms.--A permit issued under this section--
(1) * * *
* * * * * * *
(4) shall require the permittee to purchase and
maintain comprehensive general liability 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) Fees.--
(1) * * *
(2) Amount.--The amount of a fee under this
subsection shall be equal to the sum of--
(A) * * *
* * * * * * *
[(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.]
(C) an amount that represents the fair market
value of the use of the sanctuary resources.
(3) Use of fees.--Amounts collected by the Secretary
in the form of fees under this section may be used by
the Secretary--
(A) * * *
(B) for expenses of [designating and]
managing national marine sanctuaries.
(4) Waiver or reduction of fees.--The Secretary may
accept in-kind contributions in lieu of a fee under
paragraph (2)(C), or waive or reduce any fee assessed
under this subsection for any activity that does not
derive profit from the use of sanctuary resources.
* * * * * * *
(g) Notice.--The Secretary shall provide public notice of any
determination that a category of activity may require a special
use permit under this section.
SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS.
[(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].
(a) Agreements and Grants.--The Secretary may enter into
cooperative agreements, contracts, or other agreements with, or
make grants to, States, local governments, regional agencies,
interstate agencies, or other persons to carry out the purposes
and policies of this title.
* * * * * * *
(e) Use of Resources of Other Government Agencies.--The
Secretary may, whenever appropriate, enter into an agreement
with a State or other Federal agency to use the personnel,
services or facilities of such agency on a reimbursable or non-
reimbursable basis, to assist in carrying out the purposes and
policies of this title.
(f) Authority To Obtain Grants.--Notwithstanding any other
provision of law that prohibits a Federal agency from receiving
assistance, the Secretary may apply for, accept, and use grants
from other Federal agencies, States, local governments,
regional agencies, interstate agencies, foundations, or other
persons, to carry out the purposes and policies of this title.
SEC. 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.
(a) Liability.--
(1) Liability to [United States] 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) * * *
* * * * * * *
(c) Civil Actions for Response Costs and Damages.--(1) 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 may be
liable under subsection (a) 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 be liable for such costs
or damages.
(2) An action under this subsection may be brought in the
United States district court for any district in which--
(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
(B) the vessel is located, in the case of an action
against a vessel; or
(C) the destruction of, loss of, or injury to a
sanctuary resource occurred.
* * * * * * *
(e) Statute of Limitations.--An action for response costs or
damages under subsection (c) shall be barred unless the
complaint is filed within 3 years after the date on which the
Secretary completes a damage assessment and restoration plan
for the sanctuary resources to which the action relates.
[SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
[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.]
SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) to carry out this title, $26,000,000 for each of
fiscal years 2000, 2001, 2002, 2003, and 2004; and
(2) for construction projects at national marine
sanctuaries, $3,000,000 for each of fiscal years 2000,
2001, 2002, 2003, and 2004.
SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS.
(a) * * *
(b) Interpretation and Display of Artifacts.--
(1) Submission of plan.--The Secretary shall, within
six months after the date of the enactment of this
section, submit to the Committee on [Merchant Marine
and Fisheries] Resources 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.
* * * * * * *
SEC. 315. ADVISORY COUNCILS.
(a) Establishment.--The Secretary may establish one or more
advisory councils (in this section referred to as an ``Advisory
Council'') to [provide assistance to] advise the Secretary
regarding the designation and management of national marine
sanctuaries. The Advisory Councils shall be exempt from the
Federal Advisory Committee Act.
* * * * * * *
SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.
(a) Authority.--The Secretary may establish a program
consisting of--
(1) * * *
* * * * * * *
(4) the authorization by the Secretary of the [use of
any symbol published under paragraph (1)] manufacture,
reproduction, or other use of any symbol published
under paragraph (1), including the sale of items
bearing such a symbol, by official sponsors of the
national marine sanctuary program or of individual
national marine sanctuaries;
* * * * * * *
(b) Membership.--Members of the Advisory Councils may be
appointed from among--
(1) * * *
(2) members of relevant Regional Fishery Management
Councils established under section 302 of the Magnuson
[Fishery Conservation and Management] Act; and
* * * * * * *
(e) Prohibited Activities.--It is unlawful for any person--
(1) * * *
* * * * * * *
[(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]
(3) to manufacture, reproduce, or otherwise use any
symbol adopted by the Secretary under subsection
(a)(1), including to sell any item bearing such a
symbol, unless authorized by the Secretary under
subsection (a)(4) or subsection (f); or
* * * * * * *
(f) Collaborations.--The Secretary may authorize the use of a
symbol adopted by the Secretary under subsection (a)(1) by any
person engaged in a collaborative effort with the Secretary to
carry out the purposes and policies of this title and to
benefit a national marine sanctuary or the System.
----------
COASTAL ZONE MANAGEMENT ACT OF 1972
TITLE III--MANAGEMENT OF THE COASTAL ZONE
* * * * * * *
congressional declaration of policy
Sec. 303. The Congress finds and declares that it is the
national policy--
(1) * * *
* * * * * * *
(5) to encourage coordination and cooperation with
and among the appropriate Federal, State, and local
agencies, and international organizations where
appropriate, in collection, analysis, synthesis, and
dissemination of coastal management information,
research results, and technical assistance, to support
State and Federal regulation of land use practices
affecting the coastal and ocean resources of the United
States; [and]
(6) to respond to changing circumstances affecting
the coastal environment and coastal resource management
by encouraging States to consider such issues as ocean
uses potentially affecting the coastal zone[.];
(7) to use Federal, State, and community partnerships
developed through the system established by section 315
to improve the understanding, stewardship, and
management of coastal areas; and
(8) to encourage the development, application, and
transfer to local, State, and Federal resources
managers of innovative coastal and estuarine resources
management technologies and techniques that promote the
long-term conservation of coastal and estuarine
resources.
definitions
Sec. 304. For the purposes of this title--
(1) * * *
* * * * * * *
[(8) The term ``estuarine sanctuary'' means a research area
which may include any part or all of an estuary and any
island,transitional area, and upland in, or adjacent to such estuary,
and which constitutes to the extent feasible a natural unit, set aside
to provide scientists and students the opportunity to examine over a
period of time the ecological relationships within the area.]
(8) The term ``national estuarine reserve'' means an area
that is a national estuarine reserve under section 315.
* * * * * * *
national estuarine research reserve system
Sec. 315. (a) Establishment of the System.--There is
established the National Estuarine Research Reserve System
(hereinafter referred to in this section as the ``System'' that
consists of--
(1) * * *
* * * * * * *
Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve. The purpose of each
national estuarine reserve and of the System is to improve the
understanding, stewardship, and management of coastal areas.
(b) Designation of National Estuarine Reserves.--After the
date of the enactment of the Coastal Zone Management
Reauthorization Act of 1985, the Secretary may designate an
estuarine area as a national estuarine reserve if--
(1) the Government of the coastal state in which the
area is located nominates the area for that
designation; and
(2) the Secretary finds that--
(A) * * *
* * * * * * *
An area designated under this section may include any part or
all of an estuary and any island, transitional area, and upland
in, adjoining, or adjacent to such estuary, that constitutes,
to the extent feasible, a natural unit.
* * * * * * *
(e) Financial Assistance.--(1) * * *
* * * * * * *
(4)(A) The Secretary may--
(i) enter into cooperative agreements or contracts,
with, or make grants to, any nonprofit organization
established to benefit a national estuarine reserve,
authorizing the organization to solicit donations to
carry out projects, other than general administration
of the reserve or the System, that are consistent with
the purpose of the reserve and the System; and
(ii) accept donations of funds and services for use
in carrying out projects, other than general
administration of a national estuarine reserve or the
System, that are consistent with the purpose of the
reserve and the System.
(B) Donations accepted under this paragraph shall be
considered as a gift or bequest to or for the use of the United
States for carrying out this section.
(f) Evaluation of System Performance.--(1) The Secretary
shall periodically evaluate the operation and management of
each national estuarine reserve, including coordination with
State programs established under section 306, education and
interpretive activities, and the research being conducted
within the reserve.
* * * * * * *
Sec. 318. (a) There are authorized to be appropriated to the
Secretary, to remain available until expended--
(1) for grants under sections 306, 306A, and 309--
(A) * * *
* * * * * * *
(C) $50,500,000 for fiscal year 1999; [and]
[(2) for grants under section 315--
[(A) $4,400,000 for fiscal year 1997;
[(B) $4,500,000 for fiscal year 1998; and
[(C) $4,600,000 for fiscal year 1999.]
(2) for grants under section 315--
(A) $7,000,000 for fiscal year 2000;
(B) $8,000,000 for fiscal year 2001;
(C) $9,000,000 for fiscal year 2002;
(D) $10,000,000 for fiscal year 2003; and
(E) $11,000,000 for fiscal year 2004; and
(3) for grants for construction projects at national
estuarine reserves designated under section 315,
$12,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.
* * * * * * *
ADDITIONAL VIEWS
This bill would reauthorize the National Marine Sanctuaries
Act (16 U.S.C. 1431 et seq.) and make clarifications and modest
improvements to the Act. Several of the provisions of this bill
were drawn from recommendations developed by the
Administration, and we appreciate the majority's willingness to
work constructively on these issues. For example, the bill
provides for a total 5-year authorization of appropriations of
$130 million for NOAA operations and $15 million for
construction activities. Sufficient funding for sanctuary
program operations and facilities is long overdue, and these
modestly increased amounts recognize legitimate unmet needs.
Another important provision in the bill authorizes
establishment of a National Marine Sanctuary System. The
sanctuary program has grown and matured beyond a simple
aggregate of remote sites to become a genuine system of ocean
and coastal resource management areas comparable to the
existing terrestrial system of fish and wildlife refuges. In
addition, consolidation of the National Marine Sanctuary
designation process for new sanctuaries should eliminate
redundant administrative steps and provide a more timely and
effective process without sacrificing public participation. We
also support provisions that would strengthen enforcement
authorities, establish sanctuary resource centers, clarify the
applicability and use of special use permits, and broaden the
program's authority to enter into agreements and to accept
donations and contributions.
We hope to work with the majority to clarify unresolved
questions concerning circumstances of injuries to sanctuary
resources and NOAA's authority to retain and spend funds
awarded under natural resource damage settlements or civil
penalties before this legislation is brought to the House
floor. Priority use of these recovered funds should be directed
to reimburse Federal or State agencies for legitimate response
costs and implement recovery and restoration activities for
damaged sanctuary resources.
While we generally support H.R. 1243, we object to the
inclusion of Title II of the bill which would reauthorize the
National Estuarine Research Reserve System (NERRS). Our concern
is not related to the substance of Title II; rather it is our
view that this language is not germane to the National Marine
Sanctuaries Act and should instead be included in comprehensive
reauthorization of the Coastal Zone Management Act (CZMA).
The National Estuarine Research Reserve System was
established in 1986 as part of the Coastal Zone Management
Reauthorization Act of 1985 (PL 99-272, Title VI, Subtitle D)
and codified as Section 315 of the Coastal Zone Management Act
(16 U.S.C. 1461). The NERRS has been amended twice in
subsequent reauthorizations of the CZMA (PL 101-508 and PL 104-
150). Programmatically, the NERRS is administered under the
same Federal/State partnership as other elements of the CZMA.
This system of 23 federally-designated reserves fulfills a
vital function for coastal managers by providing data regarding
the health and vitality of our Nation's estuaries and
opportunities for research, monitoring and education regarding
coastal habitats and estuarine ecosystems.
Undoubedtly, the NERRS is statutorily and programmatically
woven into the CZMA; a fact acknowledged by the inclusion of a
NERRS section in Mr. Saxton's CZMA reauthorization legislation
(H.R. 1110). But by stripping out NERRS language and putting it
in this bill, the majority removes an important incentive to
reauthorize the CZMA. We share the concerns of the Coastal
States Organization--which represents the interests of the
Nation's coastal state governors--who fear that this tactic is
a signal that CZMA reauthorization legislation will not move
this Congress. Only three years ago, Congress reauthorized the
CZMA by a near unanimous vote. With 33 out of 35 eligible
states and territories voluntarily participating under the
CZMA, this is a successful program attractive to coastal states
trying to balance competing demands placed on their finite and
fragile coastal areas. Reauthorization of the CZMA should be a
top priority for this Committee and the Congress.
George Miller.