[104th Congress Public Law 283]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ283.104]
[[Page 110 STAT. 3363]]
Public Law 104-283
104th Congress
An Act
To reauthorize the National Marine Sanctuaries Act, and for other
purposes. <<NOTE: Oct. 11, 1996 - [H.R. 543]>>
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: National Marine Sanctuaries Preservation Act.>> States
of America in Congress assembled,
SECTION 1. <<NOTE: 16 USC 1431 note.>> SHORT TITLE.
This Act may be cited as the ``National Marine Sanctuaries
Preservation Act''.
SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.
Except as otherwise expressly provided, whenever in this Act 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 National Marine Sanctuaries
Act (16 U.S.C. 1431-1445a).
SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT.
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 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. 4. <<NOTE: 16 USC 1445 note.>> MANAGEMENT, RECOVERY, AND
PRESERVATION PLAN FOR U.S.S. MONITOR.
The Secretary of Commerce shall, within 12 months after the date of
the enactment of this Act, prepare and submit to the Committee on
Resources of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a long-range, comprehensive
plan for the management, stabilization, preservation, and recovery of
artifacts and materials of the U.S.S. MONITOR. In preparing and
implementing the plan, the Secretary shall to the extent feasible
utilize the resources of other Federal and private entities with
expertise and capabilities that are helpful.
SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS.
Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting
before the period at the end the following: ``, except that in the case
of a meeting of an Advisory Council established to provide assistance
regarding any individual national marine sanctuary the notice is not
required to be published in the Federal Register''.
[[Page 110 STAT. 3364]]
SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.
(a) <<NOTE: 16 USC 1431 note, 1442 note, 1445b.>> Incorporation of
Existing Provision.--Section 316 (16 U.S.C. 1445 note) is redesignated
as section 317, section 2204 of the National Marine Sanctuaries Program
Amendments Act of 1992 (106 Stat. 5049) is moved so as to appear in the
National Marine Sanctuaries Act following section 315, and that moved
section is designated as section 316 of the National Marine Sanctuaries
Act.
(b) Amendment of Incorporated Section.--Section 316, as moved and
designated by subsection (a) of this section, <<NOTE: 16 USC 1445b.>>
is amended as follows:
(1) Subsections (a), (g), and (h) are struck, and
subsections (b), (c), (d), (e), and (f) are redesignated as
subsections (a), (b), (c), (d), and (e), respectively.
(2) In subsection (a), as so redesignated, the matter
preceding paragraph (1) is struck and the following is inserted:
``(a) Authority.--The Secretary may establish a program consisting
of--''.
(3) In subsection (a)(5), as so redesignated--
(A) ``establishment'' is struck and ``solicitation''
is inserted; and
(B) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted.
(4) In subsection (a)(6), as so redesignated--
(A) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted;
(B) ``paragraph (5)'' is struck and ``paragraphs (5)
and (6)'' is inserted;
(C) ``assessed'' is struck and ``collected'' is
inserted; and
(D) ``in an interest-bearing revolving fund'' is
struck.
(5) In subsection (a)(7), as so redesignated--
(A) ``and use'' is inserted after ``expenditure'';
(B) ``fees'' is struck and ``monetary and in-kind
contributions'' is inserted; and
(C) ``and any interest in the fund established under
paragraph (6)'' is struck.
(6) In subsection (a), as so redesignated, paragraphs (5),
(6), and (7) are redesignated in order as paragraphs (6), (7),
and (8), and the following new paragraph is inserted after
paragraph (4):
``(5) <<NOTE: Contracts.>> the creation, marketing, and
selling of products to promote the national marine sanctuary
program, and entering into exclusive or nonexclusive agreements
authorizing entities to create, market or sell on the
Secretary's behalf;''.
(7) The following new sentence is added at the end of
subsection (a), as so redesignated:
``Monetary and in-kind contributions raised through the sale, marketing,
or use of symbols and products related to an individual national marine
sanctuary shall be used to support that sanctuary.''.
(8) In subsection (e), as so redesignated--
(A) paragraph (2) is struck;
(B) in paragraph (1), ``(1)'' is struck, and
subparagraphs (A), (B), (C), and (D) are redesignated as
paragraphs (1), (2), (3), and (4); and
(C) in paragraph (3), as so redesignated, ``fee'' is
struck and ``monetary or in-kind contribution'' is
inserted.
[[Page 110 STAT. 3365]]
(9) In each of subsections (b), (c), and (d), as so
redesignated, by striking ``subsection (b)'' and inserting
``subsection (a)''.
SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.
(a) Inclusion of Kahoolawe Island Waters.--Section 2305 of the
Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is
amended--
(1) in subsection (a)--
(A) by striking ``(A)'' and inserting ``(a)''; and
(B) by striking ``the area described in subsection
(b) is'' and inserting ``the area described in
subsection (b)(1) and any area included under subsection
(b)(2) are'';
(2) by amending subsection (b)(2) to read as follows:
``(2)(A) Within 6 months after the date of receipt of a request in
writing from the Kahoolawe Island Reserve Commission for inclusion
within the Sanctuary of the area of the marine environment within 3
nautical miles of the mean high tide line of Kahoolawe Island (in this
section referred to as the `Kahoolawe Island waters'), the Secretary
shall determine whether those waters may be suitable for inclusion in
the Sanctuary.
``(B) If the Secretary determines under subparagraph (A) that the
Kahoolawe Island waters may be suitable for inclusion within the
Sanctuary--
``(i) <<NOTE: Notices.>> the Secretary shall provide notice
of that determination to the Governor of Hawaii; and
``(ii) the Secretary shall prepare a supplemental
environmental impact statement, management plan, and
implementing regulations for that inclusion in accordance with
this Act, the National Marine Sanctuaries Act, and the National
Environmental Policy Act of 1969.''; and
(3) by amending subsection (c) to read as follows:
``(c) Effect of Objection by Governor.--(1)(A) If, within 45 days
after the date of issuance of the comprehensive management plan and
implementing regulations under section 2306, the Governor of Hawaii
certifies to the Secretary that the management plan, the implementing
regulations, or any term of the plan or regulations is unacceptable, the
management plan, regulation, or term, respectively, shall not take
effect in the area of the Sanctuary lying within the seaward boundary of
the State of Hawaii.
``(B) If the Secretary considers that an action under subparagraph
(A) will affect the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
the designation under subsection (a). At least 30 days before that
termination, the Secretary shall submit written notice of the
termination to the Committee on Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2)(A) If, within 45 days after the Secretary issues the documents
required under subsection (b)(2)(B)(ii), the Governor of Hawaii
certifies to the Secretary that the inclusion of the Kahoolawe Island
waters in the Sanctuary or any term of that inclusion is unacceptable--
``(i) the inclusion or the term shall not take effect; and
``(ii) subsection (b)(2) shall not apply during the 3-year
period beginning on the date of that certification.
[[Page 110 STAT. 3366]]
``(B) If the Secretary considers that an action under subparagraph
(A) regarding a term of the inclusion of the Kahoolawe Island waters
will affect the inclusion or the administration of the Kahoolawe Island
waters as part of the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
that inclusion.''.
(b) Limitation on User Fees.--The Hawaiian Islands National Marine
Sanctuary Act (16 U.S.C. 1433 note) is further amended by redesignating
section 2307 as section 2308, and by inserting after section 2306 the
following new section:
``SEC. 2307. LIMITATION ON USER FEES.
``(a) Limitation.--The Secretary shall not institute any user fee
under this Act or the National Marine Sanctuaries Act for any activity
within the Hawaiian Islands National Marine Sanctuary or any use of the
Sanctuary or its resources.
``(b) User Fee Defined.--In this section, the term `user fee' does
not include--
``(1) any fee authorized by section 310 of the National
Marine Sanctuaries Act;
``(2) any gift or donation received under section 311 of
that Act; and
``(3) any monetary or in-kind contributions under section
316 of that Act.''.
SEC. 8. <<NOTE: 16 USC 1433 note.>> FLOWER GARDEN BANKS BOUNDARY
MODIFICATION.
(a) Modification.--Notwithstanding section 304 of the National
Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower
Garden Banks National Marine Sanctuary, as designated by Public Law 102-
251, are amended to include the area described in subsection (d),
popularly known as Stetson Bank. This area shall be part of the Flower
Garden Banks National Marine Sanctuary and shall be managed and
regulated as though it had been designated by the Secretary of Commerce
under the National Marine Sanctuaries Act.
(b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce
shall--
(1) prepare a chart depicting the boundaries of the Flower
Garden Banks National Marine Sanctuary, as modified by this
section; and
(2) submit copies of this chart to the Committee on
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(c) Application of Regulations.--Regulations issued by the Secretary
of Commerce to implement the designation of the Flower Garden Banks
National Marine Sanctuary shall apply to the area described in
subsection (d), unless modified by the Secretary. <<NOTE: Effective
date.>> This subsection shall take effect 45 days after the date of
enactment of this Act.
(d) Area Described.--
(1) In general.--Except as provided in paragraph (2), the
area referred to in subsections (a), (b), and (c) is the area
that is--
(A) generally depicted on the Department of the
Interior, Minerals Management Service map titled
``Western Gulf of Mexico, Lease Sale 143, September
1993, Biologically Sensitive Areas, Map 3 of 3, Final'';
[[Page 110 STAT. 3367]]
(B) labeled ``Stetson'' on the High Island Area
South Addition diagram on that map; and
(C) within the 52 meter isobath.
(2) Minor boundary adjustments.--The Secretary of Commerce
may make minor adjustments to the boundaries of the area
described in paragraph (1) as necessary to protect living coral
resources or to simplify administration of the Flower Garden
Banks National Marine Sanctuary and to establish precisely the
geographic boundaries of Stetson Bank. The adjustments shall not
significantly enlarge or otherwise alter the size of the area
described in paragraph (1), and shall not result in the
restriction of oil and gas activities otherwise permitted
outside of the ``no activity'' zone designated for Stetson Bank
as that zone is depicted on the Minerals Management Service map
entitled ``Final Notice of Sale 161, Western Gulf Mexico,
Biological Stipulation Map Package''.
(e) Publication of Notice.--
(1) <<NOTE: Federal Register, publication.>> In general.--
The Secretary of Commerce shall, as soon as practicable after
the date of the enactment of this Act, publish in the Federal
Register a notice describing--
(A) the boundaries of the Flower Garden Banks
National Marine Sanctuary, as modified by this section,
and
(B) any modification of regulations applicable to
that Sanctuary that are necessary to implement that
modification of the boundaries of the Sanctuary.
(2) Treatment as notice required under national marine
sanctuaries act.--A notice published under paragraph (1) shall
be considered to be the notice required to be published under
section 304(b)(1) of the National Marine Sanctuaries Act (16
U.S.C. 1434(b)(1)).
(f) Authorization of Appropriations.--Amounts may be appropriated to
carry out this section under the authority provided in section 313 of
the National Marine Sanctuaries Act, as amended by this Act.
SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Section 301(b)(2) of the National Marine Sanctuaries Act (16
U.S.C. 1431(b)(2)) is amended by striking the period at the end and
inserting a semicolon.
(b) Section 302 of the National Marine Sanctuaries Act (16 U.S.C.
1432) is amended--
(1) in paragraph (6) by striking ``, and'' at the end of
subparagraph (C) and inserting a semicolon; and
(2) in paragraph (7) by striking ``and'' after the semicolon
at the end.
(c) Section 307(e)(1)(A) of the National Marine Sanctuaries Act (16
U.S.C. 1437(e)(1)(A)) is amended by inserting ``of 1980'' before the
period at the end.
(d) Section 2109 of the National Marine Sanctuaries Program
Amendments Act of 1992 (106 Stat. 5045) <<NOTE: 16 USC 1442.>> is
amended by striking the open quotation marks before ``Section 311''.
(e) Section 2110(d) of the National Marine Sanctuaries Program
Amendments Act of 1992 (106 Stat. 5046) <<NOTE: 16 USC 1443.>> is
deemed to have amended section 312(b)(1) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) by
inserting ``or authorize'' after ``undertake''.
[[Page 110 STAT. 3368]]
(f) <<NOTE: 16 USC 1431 note, 1445a.>> The material added to the
Marine Protection, Research, and Sanctuaries Act of 1972 by section 2112
of the National Marine Sanctuaries Program Amendments Act of 1992 (106
Stat. 5046)--
(1) is deemed to have been added by that section at the end
of title III of the Marine Protection, Research, and Sanctuaries
Act of 1972; and
(2) shall not be considered to have been added by that
section to the end of the Marine Protection, Research, and
Sanctuaries Act of 1972.
(g) Section 2202(e) of the National Marine Sanctuaries Program
Amendments Act of 1992 (16 U.S.C. 1433 note) is amended by striking
``section 304(e)'' and inserting ``304(d)''.
(h) Section 304(b)(3) of the National Marine Sanctuaries Act (16
U.S.C. 1434(b)(3)) is amended--
(1) by striking subparagraphs (B) and (C);
(2) by moving the text of subparagraph (A) so as to begin at
the end of the line on which appears the heading for paragraph
(3);
(3) by moving clauses (i) and (ii) of subparagraph (A) 2 ems
to the left;
(4) by striking ``(A) In'' and inserting ``In'';
(5) by striking ``(i)'' and inserting ``(A)''; and
(6) by striking ``(ii)'' and inserting ``(B)''.
SEC. 10. <<NOTE: Washington.>> NORTHWEST STRAITS.
No <<NOTE: 16 USC 1433 note.>> designation of an area in the
Northwest Straits in the State of Washington as a national marine
sanctuary under the National Marine Sanctuaries Act shall take effect
unless that designation is specifically authorized by a law enacted
after the date of enactment of this Act.
[[Page 110 STAT. 3369]]
SEC. 11. <<NOTE: 16 USC 1433 note.>> DESIGNATION OF GERRY E. STUDDS
STELLWAGEN BANK NATIONAL MARINE SANCTUARY.
The Stellwagen Bank National Marine Sanctuary shall be known and
designated as the ``Gerry E. Studds Stellwagen Bank National Marine
Sanctuary''. Any reference in a law, map, regulation, document, paper,
or other record of the United States to that national marine sanctuary
shall be deemed to be a reference to the ``Gerry E. Studds Stellwagen
Bank National Marine
Sanctuary''.
Approved October 11, 1996.
LEGISLATIVE HISTORY--H.R. 543:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed House and Senate.
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