[106th Congress Public Law 513] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ513.106] [[Page 114 STAT. 2381]] Public Law 106-513 106th Congress An Act To amend the National Marine Sanctuaries Act, and for other purposes. <<NOTE: Nov. 13, 2000 - [S. 1482]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: National Marine Sanctuaries Amendments Act of 2000.>> SECTION. 1. SHORT TITLE. <<NOTE: 16 USC 1431 note.>> This Act may be cited as the ``National Marine Sanctuaries Amendments Act of 2000''. 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 or repeal 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. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF SYSTEM. (a) Clerical Amendment.--The heading for section 301 (16 U.S.C. 1431) is amended to read as follows: ``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF SYSTEM.''. (b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended-- (1) in paragraph (2) by striking ``research, educational, or esthetic'' and inserting ``scientific, educational, cultural, archeological, or esthetic''; (2) in paragraph (3) by adding ``and'' after the semicolon; and (3) by striking paragraphs (4), (5), and (6) and inserting the following: ``(4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will-- ``(A) improve the conservation, understanding, management, and wise and sustainable use of marine resources; ``(B) enhance public awareness, understanding, and appreciation of the marine environment; and ``(C) maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas.''. [[Page 114 STAT. 2382]] (c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is amended-- (1) by striking ``significance;'' in paragraph (1) and inserting ``significance and to manage these areas as the National Marine Sanctuary System;''; (2) by striking paragraphs (3), (4), and (9); (3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; (4) by inserting after paragraph (2) the following: ``(3) to maintain the natural biological communities in the national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and ecological processes; ``(4) to enhance public awareness, understanding, appreciation, and wise and sustainable use of the marine environment, and the natural, historical, cultural, and archeological resources of the National Marine Sanctuary System; ``(5) to support, promote, and coordinate scientific research on, and long-term monitoring of, the resources of these marine areas;''; (5) in paragraph (8), as redesignated, by striking ``areas;'' and inserting ``areas, including the application of innovative management techniques; and''; and (6) in paragraph (9), as redesignated, by striking ``; and'' and inserting a period. (d) Establishment of System.--Section 301 is amended by adding at the end the following: ``(c) Establishment of System.--There is established the National Marine Sanctuary System, which shall consist of national marine sanctuaries designated by the Secretary in accordance with this title.''. SEC. 4. CHANGES IN DEFINITIONS. (a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is amended-- (1) by striking ``and'' after the semicolon at the end of subparagraph (B); and (2) by adding after subparagraph (C) the following: ``(D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and ``(E) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a sanctuary resource;''. (b) Response Costs.--Paragraph (7) of such section is amended by inserting ``, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 312'' after ``injury'' the second place it appears. (c) Sanctuary Resource.--Paragraph (8) of such section is amended by striking ``research, educational,'' and inserting ``educational, cultural, archeological, scientific,''. (d) System.--Such section is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by adding at the end the following: [[Page 114 STAT. 2383]] ``(10) `System' means the National Marine Sanctuary System established by section 301.''. SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS. (a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended to read as follows: ``(1) determines that-- ``(A) the designation will fulfill the purposes and policies of this title; ``(B) the area is of special national significance due to-- ``(i) its conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities; ``(ii) the communities of living marine resources it harbors; or ``(iii) its resource or human-use values; ``(C) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; ``(D) designation of the area as a national marine sanctuary will facilitate the objectives in subparagraph (C); and ``(E) the area is of a size and nature that will permit comprehensive and coordinated conservation and management; and''. (b) Factors; Repeal of Report Requirement.--Section 303(b) (16 U.S.C. 1433(b)) is amended-- (1) in paragraph (1) 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 scientific value and value for monitoring the resources and natural processes that occur there; ``(K) the feasibility, where appropriate, of employing innovative management approaches to protect sanctuary resources or to manage compatible uses; and ``(L) the value of the area as an addition to the System.''; and (2) by striking paragraph (3). SEC. 6. CHANGES IN 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) <<NOTE: Deadline. Notification. Federal Register, publication.>> no later than the day on which the notice required under subparagraph (A) is submitted to the 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), including an executive summary, to the Committee on Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Governor of [[Page 114 STAT. 2384]] each State in which any part of the proposed sanctuary would be located.''. (b) Sanctuary Designation.--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 and make available to the public 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) A resource assessment that documents-- ``(i) present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial, governmental, or recreational uses; ``(ii) after consultation with the Secretary of the Interior, any commercial, governmental, or recreational resource uses in the areas that are subject to the primary jurisdiction of the Department of the Interior; and ``(iii) information prepared in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency, on any past, present, or proposed future disposal or discharge of materials in the vicinity of the proposed sanctuary. Public disclosure by the Secretary of such information shall be consistent with national security regulations. ``(C) A draft 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 area. ``(iii) The proposed goals and objectives, management responsibilities, resource studies, and appropriate strategies for managing sanctuary resources of the proposed sanctuary, including interpretation and education, innovative management strategies, 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) 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. ``(vi) The proposed regulations referred to in paragraph (1)(A). ``(D) Maps depicting the boundaries of the proposed sanctuary. [[Page 114 STAT. 2385]] ``(E) The basis for the findings made under section 303(a) with respect to the area. ``(F) An assessment of the considerations under section 303(b)(1).''. (c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary'' the second place it appears. (d) 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 of, 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.''. (e) Evaluation of Progress in Implementing Management Strategies.-- Section 304(e) (16 U.S.C. 1434(e)) is amended-- (1) by striking ``management techniques,'' and inserting ``management techniques and strategies,''; and (2) by adding at the end the following: ``This review shall include a prioritization of management objectives.''. (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) Finding required.--The Secretary may not publish in the Federal Register any sanctuary designation notice or regulations proposing to designate a new 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) Deadline.--If the Secretary does not submit the findings required by paragraph (1) before February 1, 2004, the Secretary shall submit to the Congress before October 1, 2004, a finding with respect to whether the requirements of paragraph (2) have been met by all existing sanctuaries. ``(3) Limitation on application.--Paragraph (1) does not apply to any sanctuary designation documents for-- ``(A) a Thunder Bay National Marine Sanctuary; or ``(B) a Northwestern Hawaiian Islands National Marine Sanctuary.''. (g) Northwestern Hawaiian Islands Coral Reef Reserve.-- (1) Presidential designation.--The President, after consultation with the Governor of the State of Hawaii, may designate any Northwestern Hawaiian Islands coral reef or coral [[Page 114 STAT. 2386]] reef ecosystem as a coral reef reserve to be managed by the Secretary of Commerce. (2) Secretarial action.--Upon the designation of a reserve under paragraph (1) by the President, the Secretary shall-- (A) take action to initiate the designation of the reserve as a National Marine Sanctuary under sections 303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433); (B) establish a Northwestern Hawaiian Islands Reserve Advisory Council under section 315 of that Act (16 U.S.C. 1445a), the membership of which shall include at least 1 representative from Native Hawaiian groups; and (C) until the reserve is designated as a National Marine Sanctuary, manage the reserve in a manner consistent with the purposes and policies of that Act. (3) Public comment.--Notwithstanding any other provision of law, no closure areas around the Northwestern Hawaiian Islands shall become permanent without adequate review and comment. (4) Coordination.--The Secretary shall work with other Federal agencies and the Director of the National Science Foundation, to develop a coordinated plan to make vessels and other resources available for conservation or research activities for the reserve. (5) Review.--If the Secretary has not designated a national marine sanctuary in the Northwestern Hawaiian Islands under sections 303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall conduct a review of the management of the reserve under section 304(e) of that Act (16 U.S.C. 1434(e)). (6) <<NOTE: Deadline.>> Report.--No later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources, describing actions taken to implement this subsection, including costs of monitoring, enforcing, and addressing marine debris, and the extent to which the fiscal or other resources necessary to carry out this subsection are reflected in the Budget of the United States Government submitted by the President under section 1104 of title 31, United States Code. (7) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Commerce to carry out the provisions of this subsection such sums, not exceeding $4,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005, as are reported under paragraph (6) to be reflected in the Budget of the United States Government. SEC. 7. CHANGES IN ACTIVITIES PROHIBITED. 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-- [[Page 114 STAT. 2387]] ``(A) refusing to permit any officer authorized to enforce this title to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person's control for the purposes of conducting any search or inspection in connection with the enforcement of this title; ``(B) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting 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. 8. CHANGES IN ENFORCEMENT PROVISIONS. (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 of 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,''. (d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is amended by adding at the end the following: ``(l) Nationwide Service of Process.--In any action by the United States under this title, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.''. SEC. 9. ADDITIONAL REGULATIONS AUTHORITY. Section 308 (16 U.S.C. 1439) is amended to read as follows: [[Page 114 STAT. 2388]] ``SEC. 308. REGULATIONS. ``The Secretary may issue such regulations as may be necessary to carry out this title.''. SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION PROVISIONS. Section 309 (16 U.S.C. 1440) is amended to read as follows: ``SEC. 309. RESEARCH, MONITORING, AND EDUCATION. ``(a) In General.--The Secretary shall conduct, support, or coordinate research, monitoring, evaluation, and education programs consistent with subsections (b) and (c) and the purposes and policies of this title. ``(b) Research and Monitoring.-- ``(1) In general.--The Secretary may-- ``(A) support, promote, and coordinate research on, and long-term monitoring of, sanctuary resources and natural processes that occur in national marine sanctuaries, including exploration, mapping, and environmental and socioeconomic assessment; ``(B) develop and test methods to enhance degraded habitats or restore damaged, injured, or lost sanctuary resources; and ``(C) support, promote, and coordinate research on, and the conservation, curation, and public display of, the cultural, archeological, and historical resources of national marine sanctuaries. ``(2) Availability of results.--The results of research and monitoring conducted, supported, or permitted by the Secretary under this subsection shall be made available to the public. ``(c) Education.-- ``(1) In general.--The Secretary may support, promote, and coordinate efforts to enhance public awareness, understanding, and appreciation of national marine sanctuaries and the System. Efforts supported, promoted, or coordinated under this subsection must emphasize the conservation goals and sustainable public uses of national marine sanctuaries and the System. ``(2) Educational activities.--Activities under this subsection may include education of the general public, teachers, students, national marine sanctuary users, and ocean and coastal resource managers. ``(d) Interpretive Facilities.-- ``(1) In general.--The Secretary may develop interpretive facilities near any national marine sanctuary. ``(2) <<NOTE: Public information.>> Facility requirement.-- Any facility developed under this subsection must emphasize the conservation goals and sustainable public uses of national marine sanctuaries by providing the public with information about the conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities of the national marine sanctuary. ``(e) Consultation and Coordination.--In conducting, supporting, and coordinating research, monitoring, evaluation, and education programs under subsection (a) and developing interpretive [[Page 114 STAT. 2389]] facilities under subsection (d), the Secretary may consult or coordinate with Federal, interstate, or regional agencies, States or local governments.''. SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS. Section 310 (16 U.S.C. 1441) is amended-- (1) by redesignating subsections (b) through (f) as subsections (c) through (g), and by inserting after subsection (a) the following: ``(b) Public Notice Required.--The Secretary shall provide appropriate public notice before identifying any category of activity subject to a special use permit under subsection (a).''; (2) by striking ``insurance'' in paragraph (4) of subsection (c), as redesignated, and inserting ``insurance, or post an equivalent bond,''; (3) by striking ``resource and a reasonable return to the United States Government.'' in paragraph (2)(C) of subsection (d), as redesignated, and inserting ``resource.''; (4) in subsection (d)(3)(B), as redesignated, by striking ``designating and''; and (5) in subsection (d), as redesignated, 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 access to or use of sanctuary resources.''. SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS. (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 nonreimbursable 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. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR INJURY. (a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is amended-- (1) by inserting ``(1)'' before the first sentence; [[Page 114 STAT. 2390]] (2) in paragraph (1) (as so designated) in the first sentence by striking ``in the United States district court for the appropriate district''; and (3) 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.''. (b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) Response costs.--Amounts recovered by the United States for costs of response actions and damage assessments under this section shall be used, as the Secretary considers appropriate-- ``(A) to reimburse the Secretary or any other Federal or State agency that conducted those activities; and ``(B) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any sanctuary resource. ``(2) Other amounts.--All other amounts recovered shall be used, in order of priority-- ``(A) to restore, replace, or acquire the equivalent of the sanctuary resources that were the subject of the action, including for costs of monitoring and the costs of curation and conservation of archeological, historical, and cultural sanctuary resources; ``(B) to restore degraded sanctuary resources of the national marine sanctuary that was the subject of the action, giving priority to sanctuary resources and habitats that are comparable to the sanctuary resources that were the subject of the action; and ``(C) to restore degraded sanctuary resources of other national marine sanctuaries.''. (c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is amended 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. 14. 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-- ``(A) $32,000,000 for fiscal year 2001; ``(B) $34,000,000 for fiscal year 2002; ``(C) $36,000,000 for fiscal year 2003; ``(D) $38,000,000 for fiscal year 2004; ``(E) $40,000,000 for fiscal year 2005; and [[Page 114 STAT. 2391]] ``(2) for construction projects at national marine sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005.''. SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS. Section 314 (16 U.S.C. 1445) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b). SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS. Section 315 (16 U.S.C. 1445a) is amended by striking ``provide assistance'' in subsection (a) and inserting ``advise and make recommendations''. SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS. Section 316 (16 U.S.C. 1445b) is amended-- (1) in subsection (a)(1), by inserting ``or the System'' after ``sanctuaries''; (2) 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,''; (3) 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 (4) 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. ``(g) Authorization for Non-Profit Partner Organization To Solicit Sponsors.-- ``(1) In general.--The Secretary may enter into an agreement with a non-profit partner organization authorizing it to assist in the administration of the sponsorship program established under this section. Under an agreement entered into under this paragraph, the Secretary may authorize the non-profit partner organization to solicit persons to be official sponsors of the national marine sanctuary system or of individual national marine sanctuaries, upon such terms as the Secretary deems reasonable and will contribute to the successful administration of the sanctuary system. The Secretary may also authorize the non-profit partner organization to collect the statutory contribution from the sponsor, and, subject to paragraph (2), transfer the contribution to the Secretary. ``(2) Reimbursement for administrative costs.--Under the agreement entered into under paragraph (1), the Secretary may authorize the non-profit partner organization to retain not more than 5 percent of the amount of monetary contributions it receives from official sponsors under the agreement to offset the administrative costs of the organization in soliciting sponsors. ``(3) Partner organization defined.--In this subsection, the term `partner organization' means an organization that-- [[Page 114 STAT. 2392]] ``(A) draws its membership from individuals, private organizations, corporations, academic institutions, or State and local governments; and ``(B) is established to promote the understanding of, education relating to, and the conservation of the resources of a particular sanctuary or 2 or more related sanctuaries.''. SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM. The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is amended by inserting after section 317 the following: ``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM. <<NOTE: 16 USC 1445c.>> ``(a) Establishment.--The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in oceanography, marine biology or maritime archeology, to be known as Dr. Nancy Foster Scholarships. ``(b) Purposes.--The purposes of the Dr. Nancy Foster Scholarship Program are-- ``(1) to recognize outstanding scholarship in oceanography, marine biology, or maritime archeology, particularly by women and members of minority groups; and ``(2) to encourage independent graduate level research in oceanography, marine biology, or maritime archeology. ``(c) Award.--Each Dr. Nancy Foster Scholarship-- ``(1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate level institution of higher education; and ``(2) shall be awarded in accordance with guidelines issued by the Secretary. ``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster Scholarship shall be provided directly to a recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by a graduate level institution of higher education. ``(e) Funding.--Of the amount available each fiscal year to carry out this title, the Secretary shall award 1 percent as Dr. Nancy Foster Scholarships. ``(f) Scholarship Repayment Requirement.--The Secretary shall require an individual receiving a scholarship under this section to repay the full amount of the scholarship to the Secretary if the Secretary determines that the individual, in obtaining or using the scholarship, engaged in fraudulent conduct or failed to comply with any term or condition of the scholarship. ``(g) Maritime Archeology Defined.--In this section the term `maritime archeology' includes the curation, preservation, and display of maritime artifacts.''. SEC. 19. 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. 1433(b)(2)(A)). (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)). (b) Correction of Reference to Renamed Act.--(1) Section 302(2) is <<NOTE: 16 USC 1432.>> amended to read as follows: [[Page 114 STAT. 2393]] ``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);''. (2) Section 302(9) <<NOTE: 16 USC 1432.>> is amended by striking ``Magnuson Fishery Conservation and Management Act'' and inserting ``Magnuson-Stevens Act''. (3) Section 303(b)(2)(D) <<NOTE: 16 USC 1433.>> is amended by striking ``Magnuson Act'' and inserting ``Magnuson-Stevens Act''. (4) Section 304(a)(5) <<NOTE: 16 USC 1434.>> is amended by striking ``Magnuson Act'' and inserting ``Magnuson-Stevens Act''. (5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by striking ``Magnuson Fishery Conservation and Management Act'' and inserting ``Magnuson-Stevens Act''. (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is amended by striking ``United States'' and inserting ``united states''. Approved November 13, 2000. LEGISLATIVE HISTORY--S. 1482 (H.R. 1243): --------------------------------------------------------------------------- HOUSE REPORTS: No. 106-224 accompanying H.R. 1243 (Comm. on Resources). SENATE REPORTS: No. 106-353 (Comm. on Commerce, Science, and Transportation.) CONGRESSIONAL RECORD, Vol. 146 (2000): Oct. 17, considered and passed Senate. Oct. 24, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): Nov. 13, Presidential statements. <all>