[House Report 118-560]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 118-560
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ALABAMA UNDERWATER FOREST NATIONAL MARINE
SANCTUARY AND PROTECTION ACT
_______
June 27, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 897]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 897) to provide for the establishment of the
Alabama Underwater Forest National Marine Sanctuary, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alabama Underwater Forest National
Marine Sanctuary and Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An ancient cypress forest dating back 50,000 to 70,000
years has been exposed in the Gulf of Mexico off the Alabama
coastline.
(2) The cypress trees, which were uncovered by massive waves
associated with Hurricane Ivan, are still rooted in the mud
they were growing in at least 50,000 years ago.
(3) The Underwater Forest site is unique on a global scale,
the only known site where trees between 50,000 and 70,000 years
old have been preserved intact with the ecosystem they were
growing in.
(4) Exploration of the site continues to yield invaluable
scientific insight in a variety of fields, though scientists
have just begun to study the ancient forest.
SEC. 3. POLICY AND PURPOSE.
(a) Policy.--It is the policy of the United States to protect and
preserve the ancient cypress trees located off the coast of Alabama,
known as the Alabama Underwater Forest.
(b) Purpose.--The purpose of this Act is to protect the resources of
the area described in section 5(b), to educate and interpret for the
public regarding the ancient Alabama Underwater Forest environment, and
to manage human uses of the Alabama Underwater Forest National Marine
Sanctuary consistent with this Act.
SEC. 4. DEFINITIONS.
In this Act--
(1) Sanctuary.--The term ``Sanctuary'' means the Alabama
Underwater Forest National Marine Sanctuary designated under
section 5(a).
(2) Secretary.--the term ``Secretary'' means the Secretary of
Commerce.
SEC. 5. SANCTUARY DESIGNATION.
(a) Designation.--The area described in subsection (b) is designated
as the Alabama Underwater Forest National Marine Sanctuary pursuant to
title III of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1431 et seq.).
(b) Area Included.--
(1) In general.--The Sanctuary shall consist only of all
waters and submerged lands within the boundary described in
paragraph (2).
(2) Boundary.--The boundary referred to in paragraph (1)
shall encompass only the area within the following coordinates:
(A) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(B) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 43 minutes, 44.8536 seconds west
longitude.
(C) 30 degrees, 5 minutes, 42.6552 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(D) 30 degrees, 5 minutes, 42.6552 seconds north
latitude; 87 degrees, 43 minutes, 44.8536 seconds west
longitude.
(E) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(3) Charts.--The Sanctuary shall be generally identified and
depicted on National Oceanic and Atmospheric Administration
charts that shall be maintained on file and kept available for
public examination during regular business hours at the Office
of Ocean and Coastal Resource Management of the National
Oceanic and Atmospheric Administration and in online format and
which shall be updated to reflect boundary modifications made
pursuant to this section.
SEC. 6. PROHIBITION OF CERTAIN USES.
(a) Prohibited Activities.--The following activities are prohibited
and are unlawful for any person to conduct or to cause to be conducted
within the Sanctuary:
(1) Cutting, removing, or any kind of subsurface salvage of
the cypress trees.
(2) Lowering below the surface of the water any grappling,
suction, conveyor, dredging, or wrecking device.
(3) Detonating below the surface of the water any explosive
or explosive mechanism.
(4) Drilling or coring the seabed.
(5) Lowering, laying, positioning, or raising any type of
seabed cable or cable-laying device.
(b) Exceptions.--
(1) In general.--The prohibitions in subsection (a) shall not
apply to the following:
(A) Fishing, diving, mooring, or similar recreational
or commercial activities.
(B) Necessary operations of public vessels, including
operations essential for national defense, law
enforcement, and responses to emergencies that threaten
life, property, or the environment.
(C) Construction or placement of artificial reef
structures for the purpose of enhancing fishery
resources, fishing opportunities, or recreational
diving opportunities.
(D) Exploration, development, or production of oil or
gas pursuant to a lease, permit, or other
authorization, provided such lease, permit, or
authorization is issued on or before the date of the
enactment of this Act.
(2) Other activities.--The Secretary, acting through the
Director of the Office of National Marine Sanctuaries, may
allow a person to conduct an activity that would otherwise be
prohibited under subsection (a) if such activity meets the
standards of Title III of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as determined
by the Secretary.
SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.
(a) Preparation of Plan.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, in consultation with
appropriate Federal, State, and local government authorities
and with the advisory council established under section 8,
shall develop a comprehensive management plan and implement
regulations to achieve the policy and purpose of this Act.
(2) Applicable law.--In developing the comprehensive
management plan and implementing regulations under paragraph
(1), the Secretary shall follow the procedures described in
sections 303 and 304 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
(3) Plan details.--The comprehensive management plan required
under paragraph (1) shall--
(A) facilitate all public and private uses of the
Sanctuary compatible with the primary objective of
Sanctuary resource protection, with a focus on
facilitating--
(i) fishing, diving, or similar recreational
or commercial activities; and
(ii) construction or placement of artificial
reef structures for the purpose of enhancing
fishery resources, fishing opportunities, or
recreational diving opportunities;
(B) consider temporal and geographical zoning, to
ensure protection of Sanctuary resources;
(C) identify needs for research and ecological
monitoring; and
(D) ensure coordination and cooperation between
Sanctuary managers and--
(i) other Federal, State, and local
authorities with jurisdiction within or
adjacent to the Sanctuary; and
(ii) owners, operators, and stakeholders with
respect to existing oil and gas operations
within or adjacent to the Sanctuary.
(b) Public Participation.--The Secretary shall provide for the
participation of the general public in the development of the
comprehensive management plan.
SEC. 8. ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish an advisory council
pursuant to section 315 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to advise the Secretary with
respect to the designation and management of the Sanctuary.
(b) Membership.--The Secretary shall include a representative from
the Alabama Department of Conservation and Natural Resources as a
voting member of the advisory council.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 897 is to provide for the establishment
of the Alabama Underwater Forest National Marine Sanctuary, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 897 seeks to protect an underwater forest off the
coast of Alabama in the Gulf of Mexico. This forest--which
scientists have found to be roughly 60,000 years old--has
attracted global attention and is the source of extensive
scientific research. As one witness stated during the
Committee's legislative hearing, this is the only place in the
world where a coastal ice age forest has been preserved in
place. In addition to the scientific purpose the forest plays
for several universities in the region, the forest has been an
attraction for tourists and has been the subject of significant
media attention. Protecting this forest under Title II of the
Marine Protection, Research, and Sanctuaries Act of 1972 (P.L.
92-532) will help to ensure it is protected for future
generations.
In protecting this forest as a National Marine Sanctuary,
this bill recognizes the multiple uses of resources like the
Gulf of Mexico and the important role it plays for the American
economy. The bill prevents the cutting or removing of the
forest's trees within the sanctuary's defined boundaries.
However, there are important exemptions for commercial and
recreational fishing and the exploration, development, and
production of oil and gas if the activity was approved prior to
the enactment of the legislation. These exemptions ensure that
the sanctuary is protected in a way that allows for the
critical industries of the Gulf of Mexico region to continue to
operate.
COMMITTEE ACTION
H.R. 897 was introduced on February 9, 2023, by Rep. Jerry
Carl (R-AL). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water, Wildlife and Fisheries. On January 18, 2024, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On May 7, 2024, the Committee on Natural Resources
met to consider the bill. The Subcommittee on Water, Wildlife
and Fisheries was discharged from further consideration of H.R.
897 by unanimous consent. Chairman Bruce Westerman (R-AR)
offered an amendment designated Westerman #1. The amendment was
agreed to by unanimous consent. The bill, as amended, was
ordered favorably reported to the House of Representatives by
unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on January 18, 2024.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be titled the ``Alabama Underwater Forest
National Marine Sanctuary and Protection Act.''
Section 2. Findings
Congress finds that the ancient underwater forest in the
Gulf of Mexico off the coast of Alabama dates back 50,000 to
70,000 years and that the forest's trees ``were growing in at
least 50,000 years ago.'' Congress finds that this is a
globally unique sight that provides ``invaluable scientific
insight.''
Section 3. Policy and purpose
Establishes that the policy of the United States is to
protect this forest, and that the purpose of this Act is to
protect its resources, to educate the public, and manage human
uses of the forest.
Section 4. Definitions
Defines sanctuary as ``the Alabama Underwater Forest
National Marine Sanctuary designated under section 5(a)'' and
that the Secretary is the Secretary of Commerce.
Section 5. Sanctuary designation
Provides the specific latitude and longitude coordinates
that are the boundaries of the Alabama Underwater Forest
National Marine Sanctuary and stipulates that the sanctuary
shall be ``generally identified and depicted'' on charts
published by the National Oceanic and Atmospheric
Administration (NOAA). These charts must be available for
public viewing within NOAA's Office of Ocean and Coastal
Resource Management.
Section 6. Prohibition of certain uses
Prohibitions include cutting or removing the forest's
trees, lowering ``any grappling, suction, conveyor, dredging,
or wrecking device,'' detonating explosives below the surface,
drilling or coring seabed, or ``lowering, laying, positioning,
or raising'' cable or a cable-laying device. However, the
legislation includes an exception for commercial and
recreational activities, law enforcement and national security
activity, development of artificial reef structures, and oil
and gas exploration, development, or production that was
leased, permitted, or authorized prior to the enactment of this
legislation.
Section 7. Comprehensive management plan
The legislation requires that within two years of
enactment, the Secretary of Commerce consult with Federal,
state, and local partners, and the advisory council established
in Section 8, to develop a comprehensive management plan that
is consistent with sections 303 and 304 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1433 and 1434). The plan will help dictate the terms by which
public and private uses of the sanctuary can occur within the
sanctuary while ensuring its protection. In developing the
plan, sanctuary managers shall work with other local, state,
and Federal officials, along with the oil and gas sector in the
surrounding region. The Secretary shall give the public the
opportunity to provide input on the plan's development.
Section 8. Advisory council
The Secretary shall establish an advisory council pursuant
to section 315 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to help manage the
sanctuary. One voting member of the advisory council must be
from the Alabama Department of Conservation and Natural
Resources.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the establishment of
the Alabama Underwater Forest National Marine Sanctuary, and
for other purposes.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 897 would make no changes in existing law.
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