§ 1443. Destruction or loss of, or injury to, sanctuary resources

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 title III § 312 · 86 Stat. 1052

   Enacted · 16 U.S.C. § 1443

   Pub. L. 92–532, title III, § 312, as added Pub. L. 100–627, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3215

   Source evidence

   Code source credit
   Pub. L. 92–532, title III, § 312, as added Pub. L. 100–627, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3215

2. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2110(a) · 106 Stat. 5039

   Amended · 16 U.S.C. § 1443(a)(1)

   Pub. L. 102–587, § 2110(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In general.—Subject to paragraph (3), any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–587, § 2110(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In general.—Subject to paragraph (3), any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury.”

   Enacted provision · exact public law section
   (a) Liability for Interest.— Section 312(a)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(1)) is amended to read as follows: “(1) Liability to United States.— Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of— “(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and “(B) interest on that amount calculated in the manner described under section 1005 of the Oil Pollution Act of 1990.”.

3. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2110(b) · 106 Stat. 5039

   Inserted · 16 U.S.C. § 1443(a)(2)

   Pub. L. 102–587, § 2110(b), inserted at end “The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–587, § 2110(b), inserted at end “The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.”

   Enacted provision · exact public law section
   (b) Liability in Rem.— Section 312(a)(2) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(2)) is amended by adding at the end the following: “The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.”.

4. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2110(c) · 106 Stat. 5039

   Added · 16 U.S.C. § 1443(a)(4)

   Pub. L. 102–587, § 2110(c), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–587, § 2110(c), added par. (4).

   Enacted provision · exact public law section
   (c) Limits to Liability.— Section 312(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) is amended by adding at the end the following: “(4) Limits to Liability.— Nothing in sections 4281–4289 of the Revised Statutes of the United States or section 3 of the Act of February 13, 1893, shall limit the liability of any person under this title.”.

5. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2110(d) · 106 Stat. 5039

   1. Amended · 16 U.S.C. § 1443(b)(1)

      Pub. L. 102–587, § 2110(d), as amended by Pub. L. 104–283

   2. Inserted · 16 U.S.C. § 1443(b)(1)

      Pub. L. 102–587, § 2110(d), as inserted “or authorize” after “undertake”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–587, § 2110(d), as amended by Pub. L. 104–283, inserted “or authorize” after “undertake”.

   Enacted provision · exact public law section
   (d) Response Actions.— Section 312(b)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) is amended by inserting “or authorize” of “undertake”.

6. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(d)(1) · 106 Stat. 5039

   Struck · 16 U.S.C. § 1443(d)

   Pub. L. 102–587, § 2107(d)(1), struck out “and civil penalties under section 1437 of this title” after “Secretary under this section”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–587, § 2107(d)(1), struck out “and civil penalties under section 1437 of this title” after “Secretary under this section”.

   Enacted provision · exact public law section
   (1) by striking “and civil penalties under section 307”;

7. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 title II · 106 Stat. 5039

   1. Redesignated · 16 U.S.C. § 1443(d)(3); 16 U.S.C. § 1443(d)(4)

      Pub. L. 102–587, §§ 2107(d)(2), 2110(e), redesignated par. (4) as (3)

   2. Inserted · 16 U.S.C. § 1443(d)(3); 16 U.S.C. § 1443(d)(4)

      Pub. L. 102–587, §§ 2107(d)(2), 2110(e), inserted “the court decree or settlement agreement and” after “in accordance with”

   3. Struck · 16 U.S.C. § 1443(d)(3); 16 U.S.C. § 1443(d)(4)

      Pub. L. 102–587, §§ 2107(d)(2), 2110(e), struck out former par. (3) which read as follows: “Amounts recovered under section 1437 of this title in the form of civil penalties shall be used by the Secretary in accordance with section 1437(e) of this title and paragraphs (2)(B) and (C) of this subsection.”

   Source evidence

   Code amendment note
   Subsec. (d)(3), (4). Pub. L. 102–587, §§ 2107(d)(2), 2110(e), redesignated par. (4) as (3), inserted “the court decree or settlement agreement and” after “in accordance with”, and struck out former par. (3) which read as follows: “Amounts recovered under section 1437 of this title in the form of civil penalties shall be used by the Secretary in accordance with section 1437(e) of this title and paragraphs (2)(B) and (C) of this subsection.”

   Enacted provision · exact public law
   TITLE II— NATIONAL MARINE SANCTUARIES PROGRAM SEC. 2001. SHORT TITLE. This title may be cited as the “National Marine Sanctuaries Program Amendments Act of 1992”. Subtitle A— Amendments to Marine Protection, Research, and Sanctuaries Act of 1972 SEC. 2101. FINDINGS, PURPOSES, AND POLICIES. (a) Findings.— Section 301(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(a)) is amended— (1) in paragraph (2) by inserting “, and in some cases international,” after “national”; (2) in paragraph (4)— (A) by inserting “, research,” after “conservation”; and (B) by striking “and” after the semicolon at the end; (3) in paragraph (5) by striking the period at the end and inserting “; and”; and (4) by adding at the end the following: “(6) protection of these special areas can contribute to maintaining a natural assemblage of living resources for future generations.”. (b) Purposes and Policies.— Section 301(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(b)) is amended to read as follows: “(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; “(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities. “(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas; “(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; “(5) to facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities; “(6) to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas; “(7) to create models of, and incentives for, ways to conserve and manage these areas; “(8) to cooperate with global programs encouraging conservation of marine resources; and “(9) to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.”. SEC. 2102. DEFINITIONS. (a) Marine Environment.— Section 302(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(3)) is amended by adding “including the exclusive economic zone,” after “jurisdiction,”. (b) Damages.— Section 302(6) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is amended— (1) in subparagraph (A)(ii) by striking “and” at the end; (2) in subparagraph (B) by adding “and” at the end; and (3) by adding at the end the following: “(C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources,”. (c) Response Costs.— Section 302(7) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is amended by inserting “or authorized” after “taken”. (d) Exclusive Economic Zone.— Section 302 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended (1) by striking the period at the end of paragraph (8) and inserting “; and”; and (2) by adding after paragraph (8) the following: “(9) ‘exclusive economic zone’ means the exclusive economic zone as defined in the Magnuson Fishery Conservation and Management Act.”. (e) Technical Correction.— Section 302 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended— (1) in paragraph (1) by striking “304(a)(1)(E)” and inserting “304(a)(1)(C)(v)”; and (2) in paragraph (5) by striking “and” after the semicolon. SEC. 2103. SANCTUARY DESIGNATION STANDARDS. (a) Standards.— Section 303(a)(2)(B) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(a)(2(B)) is amended by inserting “or should be supplemented” after “inadequate”. (b) Factors and Consultations.— (1) Section 303(b)(1)(A) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(1)(A)) is amended by inserting “maintenance of critical habitat of endangered species,” after “assemblages,” (2) Section 303(b)(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(3)) is amended— (A) by inserting “, governmental,” after “other commercial” and inserting “, governmental,” after “any commercial”; (B) by adding at the end the following: “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.”; and (C) by striking “304(a)(1)” and inserting “304(a)(2)”. SEC. 2104. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. (a) Sanctuary Proposal.— Section 304(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) is amended— (1) by striking “prospectus” whenever it appears and inserting “documents”; (2) in paragraph (1)(C) by striking “a prospectus on the proposal which shall contain—” and inserting “documents, including an executive summary, consisting of—”; and (3) in paragraph (5)— (A) by striking “United States Fishery Conservation Zone” and inserting “Exclusive Economic Zone”; and (B) by adding at the end: “The Secretary shall also cooperate with other appropriate fishery management authorities with rights or responsibilities within a proposed sanctuary at the earliest practicable stage in drafting any sanctuary fishing regulations.”. (b) Taking Effect of Designations.— Section 304(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)) is amended— (1) in paragraph (1) by striking the dash after “unless” and all that follows and inserting “, in the case of a national marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.”; (2) in paragraph (2)— (A) striking “paragraph (1) (A) or (B)” and inserting “paragraph (1)”; (B) by striking “not disapproved under paragraph (1)(A)” or and (C) by striking “paragraph (1)(B)” and inserting “paragraph (1)”; and (3) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (c) Access and Valid Rights.— Section 304(c)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(c)(1)) is amended to read as follows: “(1) Nothing in this title shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access that is in existence on the date of designation of any national marine sanctuary.”. (d) Interagency Cooperation; Review of Management Plan.— Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended by adding at the end the following new subsections: “(d) Interagency Cooperation.— “(1) Review of agency actions.— “(A) In general.— Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Secretary. “(B) Agency statements required.— Subject to any regulations the Secretary may establish each Federal agency proposing an action described in subparagraph (A) shall provide the Secretary with a written statement describing the action and its potential effects on sanctuary resources at the earliest practicable time, but in no case later than 45 days before the final approval of the action unless such Federal agency and the Secretary agree to a different schedule. “(2) Secretary’s recommended alternatives.— If the Secretary finds that a Federal agency action is likely to destroy, cause the loss of, or injure a sanctuary resource, the Secretary shall (within 45 days of receipt of complete information on the proposed agency action) recommend reasonable and prudent alternatives, which may include conduct of the action elsewhere, which can be taken by the Federal agency in implementing the agency action that will protect sanctuary resources. “(3) Response to recommendations.— The agency head who receives the Secretary’s recommended alternatives under paragraph (2) shall promptly consult with the Secretary on the alternatives. If the agency head decides not to follow the alternatives, the agency head shall provide the Secretary with a written statement explaining the reasons for that decision. “(e) Review of Management Plans.— Not more than five years Regulations. after the date of designation of any national marine sanctuary, and thereafter at intervals not exceeding five years, the Secretary shall evaluate the substantive progress toward implementing the management plan and goals for the sanctuary, especially the effectiveness of site-specific management techniques, and shall revise the management plan and regulations as necessary to fulfill the purposes and policies of this title. . SEC. 2105. APPLICATION OF REGULATIONS; INTERNATIONAL COOPERATION. (a) Enforceability; International Cooperation.— Section 305 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435) is amended— (1) in subsection (a)— (A) by striking “The” in the first sentence and inserting in lieu thereof “This title and the”; and (B) by inserting “or be enforced against” immediately after “apply to”; and (2) by adding at the end the following new subsection: “(c) International Cooperation.— The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this title and consistent with applicable regional and mutilateral arrangements for the protection and management of special marine areas.”. (b) Technical Amendment.— The section heading for section 305 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435) is amended by striking all after “REGULATIONS” and inserting in lieu thereof “; international negotiations and cooperation.”. SEC. 2106. PROHIBITED ACTIVITIES. Section 306 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1436) is amended to read as follows: “SEC. 306. PROHIBITED ACTIVITIES. “It is unlawful to— “(1) destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary; “(2) possess, sell, 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 “(4) violate any provision of this title or any regulation or permit issued pursuant to this title.”. SEC. 2107. ENFORCEMENT. (a) Civil Penalties.— (1) Section 307(c)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(1)) is amended by striking “$50,000” and inserting “$100,000”. (2) Section 307(c)(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(3)) is amended— (A) by striking “and may be proceeded” and all that follows through “jurisdiction”; and (B) by adding at the end the following sentence: “Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.”. (b) Proceeds From Civil Forfeitures.— Section 307(d)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(d)(1)) is amended by adding at the end the following new sentence: “The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 312. None of those proceeds shall be subject to set-off.”. (c) Use of Received Amounts.— Section 307(e) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is amended by striking paragraph (1) and inserting the following: “(1) Expenditures.— “(A) Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 107(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act. “(B) Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this title or any regulation or permit issued under this title. “(C) Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to— “(i) manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture; “(ii) pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or any regulation or permit issued under this title; and “(iii) manage and improve any other national marine sanctuary”. (d) Conforming Amendment.— Section 312(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended— (1) by striking “and civil penalties under section 307”; (2) by striking paragraph (3); and by redesignating paragraph (4) as paragraph (3). (e) Enforceability.— Section 307 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended by adding at the end the following new subsection: “(j) 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. 2108. RESEARCH, MONITORING, AND EDUCATION. Section 309 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1440) is amended to read as follows: “SEC. 309. RESEARCH, MONITORING, AND EDUCATION. “(a) In General.— The Secretary shall conduct research, monitoring, evaluation, and education programs as are necessary and reasonable to carry out the purposes and policies of this title. “(b) Promotion and Coordination of Sanctuary Use.— The Secretary shall take such action as is necessary and reasonable to promote and coordinate the use of national marine sanctuaries for research, monitoring, and education purposes. Such action may include consulting with Federal agencies, States, local governments, regional agencies, interstate agencies, or other persons to promote use of one or more sanctuaries for research, monitoring, and education, including coordination with the National Estuarine Research Reserve System.”. SEC. 2109. COOPERATIVE AGREEMENTS; DONATIONS, AND ACQUISITIONS. “Section 311 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1442) is amended to read as follows: “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. “(b) Authorization to Solicit Donations.— The Secretary may enter into such agreements with any nonprofit organization authorizing the organization to solicit private donations to carry out the purposes and policies of this title. “(c) Donations.— The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this title. Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States. “(d) Acquisitions.— The Secretary may acquire by purchase, lease, or exchange, any land, facilities, or other property necessary and appropriate to carry out the purposes and policies of this title.”. SEC. 2110. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES. (a) Liability for Interest.— Section 312(a)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(1)) is amended to read as follows: “(1) Liability to United States.— Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of— “(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and “(B) interest on that amount calculated in the manner described under section 1005 of the Oil Pollution Act of 1990.”. (b) Liability in Rem.— Section 312(a)(2) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(2)) is amended by adding at the end the following: “The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.”. (c) Limits to Liability.— Section 312(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) is amended by adding at the end the following: “(4) Limits to Liability.— Nothing in sections 4281–4289 of the Revised Statutes of the United States or section 3 of the Act of February 13, 1893, shall limit the liability of any person under this title.”. (d) Response Actions.— Section 312(b)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) is amended by inserting “or authorize” of “undertake”. (e) Use of Recovered Amounts.— Section 312(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended in paragraph (3), as redesignated by this Act, by inserting “the court decree or settlement agreement and” after “in accordance with”. SEC. 2111. AUTHORIZATION OF APPROPRIATIONS. Section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (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 the following— “(1) $8,000,000 for fiscal year 1993; “(2) $12,500,000 for fiscal year 1994; “(3) $15,000,000 for fiscal year 1995; and “(4) $20,000,000 for fiscal year 1996”. SEC. 2112. ADVISORY COUNCILS AND SHORT TITLE. The Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) is amended by adding at the end the following new sections: “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 the Secretary regarding the designation and management of national marine sanctuaries. The Advisory Councils shall be exempt from the Federal Advisory Committee Act. “(b) Membership.— Members of the Advisory Councils may be appointed from among— “(1) persons employed by Federal or State agencies with expertise in management of natural resources; “(2) members of relevant Regional Fishery Management Councils established under section 302 of the Magnuson Fishery Conservation and Management Act; and “(3) representatives of local user groups, conservation and other public interest organizations, scientific organizations, educational organizations, or others interested in the protection and multiple use management of sanctuary resources. “(c) Limits on Membership.— For sanctuaries designated after the date of enactment of the National Marine Sanctuaries Program Amendments Act of 1992, the membership of Advisory Councils shall be limited to no more than 15 members. “(d) Staffing and Assistance.— The Secretary may make available to an Advisory Council any staff, information, administrative services, or assistance the Secretary determines are reasonably required to enable the Advisory Council to carry out its functions. “(e) Public Participation and Procedural Matters.— The following guidelines apply with respect to the conduct of business meetings of an Advisory Council: “(1) Each meeting shall be open to the public, and interested persons shall be permitted to present oral or written statements on items on the agenda. “(2) Emergency meetings may be held at the call of the chairman or presiding officer. “(3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register. “(4) Minutes of each meeting shall be kept and contain a summary of the attendees and matters discussed. “SEC. 316. SHORT TITLE. “This title may be cited as The National Marine Sanctuaries Act’.”. Subtitle B— Miscellaneous SEC. 2201. GRAVEYARD OF THE ATLANTIC ARTIFACTS. (a) Acquisition of Space.— Pursuant to section 314 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445) and consistent with the Cooperative Agreement entered into in October, 1989, between the National Oceanic and Atmospheric Administration and the Mariner’s Museum of Newport News, Virginia, the Secretary of Commerce shall make a grant for the acquisition of space in Hatteras Village, North Carolina, for— (1) the display and interpretation of artifacts recovered from the area of the Atlantic Ocean adjacent to North Carolina generally known as the Graveyard of the Atlantic, including artifacts recovered from the Monitor National Marine Sanctuary; and (2) administration and operations of the Monitor National Marine Sanctuary. (b) Authorization.— To carry out the responsibilities of the Secretary of Commerce under this section, there are authorized to be appropriated to the Secretary of Commerce a total of $800,000 for fiscal years 1993 and 1994, to remain available until expended. (c) Federal Share.— Not more than two-thirds of the cost of space acquired under this section may be paid with amounts provided pursuant to this section. SEC. 2202. STELLWAGEN BANK NATIONAL MARINE SANCTUARY. (a) Designation.— The area described in subsection (b) is designated as the Stellwagen Bank National Marine Sanctuary (here-after in this section referred to as the “Sanctuary”). (b) Area.— The Sanctuary shall consist of all submerged lands and waters, including living and nonliving marine resources within those waters, bounded by the area described as Boundary Alter-native 3 in the Draft Environmental Impact Statement and Management Plan for the Proposed Stellwagen Bank National Marine Sanctuary, published by the Department of Commerce in January 1991, except that the western boundary shall be modified as follows: (1) The southwestern corner of the Sanctuary shall be located at a point off Provincetown, Massachusetts, at the fol-lowing coordinates: 42 degrees, 7 minutes, 44.89 seconds (latitude), 70 degrees, 28 minutes, 15.44 seconds (longitude). (2) The northwestern comer of the Sanctuary shall be located at a point off Cape Ann, Massachusetts, at the following coordinates: 42 degrees, 37 minutes, 53.52 seconds (latitude), 70 degrees, 35 minutes, 52.38 seconds (longitude). (c) Management.— The Secretary of Commerce shall issue a management plan for the Sanctuary in accordance with section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434), as amended by this title. (d) Sand and Gravel Mining Activities Prohibited.— Not-withstanding any other provision of law, exploration for, and mining of, sand and gravel and other minerals in the Sanctuary is prohibited. (e) Consultation.— In accordance with the procedures established in section 304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended by this title, the appropriate Federal agencies shall consult with the Secretary on proposed agency actions in the vicinity of the Sanctuary that may affect sanctuary resources. (f) Authorization.— There are authorized to be appropriated to the Secretary of Commerce for carrying out the purposes of this section $570,000 for fiscal year 1993 and $250,000 for fiscal year 1994. (g) Office.— The Secretary of Commerce shall consider establishing a satellite office for the Stellwagen Bank National Marine Sanctuary in Provincetown, Gloucester, or Hull, Massachusetts. SEC. 2203. MONTEREY BAY NATIONAL MARINE SANCTUARY. (a) Issuance of Designation Notice.— Notwithstanding section 304(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)), the designation of the Monterey Bay National Marine Sanctuary (hereafter in this section the “Sanctuary”), as described in the notice of designation submitted to the Congress on September 15, 1992, shall take effect on September 18, 1992. (b) Oil and Gas Activities Prohibited.— Notwithstanding any other provision of law, no leasing, exploration, development, or production of oil or gas shall be permitted within the Sanctuary as provided by section 944.5 of the Final Environmental Impact Statement and Management Plan for the Monterey Bay National Marine Sanctuary, published by the Department of Commerce in June 1992. (c) Consultation.— Section 304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended by this title, shall apply to the Sanctuary as designated by the Secretary of Commerce. (d) Vessel Traffic.— Within 18 months after the date of enactment Reports. of this title, the Secretary of Commerce and the Secretary of Transportation, in consultation with the State of California and with adequate opportunity for public comment, shall report to Congress on measures for regulating vessel traffic in the Sanctuary if it is determined that such measures are necessary to protect sanctuary resources. SEC. 2204. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. (a) In General.— Beginning on the date of enactment of this title, the Secretary shall conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries. (b) Project.— The project shall consist of— (1) the creation, adoption, and publication in the Federal Register by the Secretary of a symbol for the national marine sanctuary program, or for individual national marine sanctuaries; (2) the solicitation of persons to be designated as official sponsors of the national marine sanctuary program or of individual national marine sanctuaries; (3) the designation of persons by the Secretary as official sponsors of the national marine sanctuary program or of individual sanctuaries; (4) the authorization by the Secretary of the use of any symbol published under paragraph (1) by official sponsors of the national marine sanctuary program or of individual national marine sanctuaries; (5) the establishment and collection by the Secretary of fees from official sponsors for the manufacture, reproduction or use of the symbols published under paragraph (1); (6) the retention of any fees assessed under paragraph (5) by the Secretary in an interest-bearing revolving fund; and (7) the expenditure of any fees and any interest in the fund established under paragraph (6), without appropriation, by the Secretary to designate and manage national marine sanctuaries. (c) Contract Authority.— The Secretary may contract with any person for the creation of symbols or the solicitation of official sponsors under subsection (b). (d) Restrictions.— The Secretary may restrict the use of the symbols published under subsection (b), and the designation of official sponsors of the national marine sanctuary program or of individual national marine sanctuaries to ensure compatibility with the goals of the national marine sanctuary program. (e) Property of United States.— Any symbol which is adopted by the Secretary and published in the Federal Register under subsection (b) is deemed to be the property of the United States. (f) Prohibited Activities.— (1) It is unlawful for any person— (A) designated as an official sponsor to influence or seek to influence any decision by the Secretary or any other Federal official related to the designation or management of a national marine sanctuary, except to the extent that a person who is not so designated may do so; (B) to represent himself or herself to be an official sponsor absent a designation by the Secretary; (C) to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of a fee to the Secretary; and (D) to violate any regulation promulgated by the Secretary under this section. (2) Violation of this subsection shall be considered a violation of title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). (g) Report.— No later than 30 months after the date of enactment of this Act, the Secretary shall submit a report on the pilot project to Congress regarding the success of the program in providing additional funds for management and operation of national marine sanctuaries. (h) Definitions.— In this section— (1) the term “national marine sanctuary” or “national marine sanctuaries” means a national marine sanctuary or sanctuaries designated under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), or by other law in accordance with title III of the Marine Protection, Research, and Sanctuaries Act of 1972; (2) the term “official sponsor” means any person designated by the Secretary who is authorized to manufacture, reproduce, or use any symbol created, adopted, and published in the Federal Register under this section for a fee paid to the Secretary; and (3) the term “Secretary” means the Secretary of Commerce. SEC. 2205. TECHNICAL CORRECTIONS RELATING TO COASTAL ZONE MANAGEMENT ACT OF 1972. (a) Amendment of Coastal Zone Management Act of 1972.— Except as otherwise expressly provided, whenever in this section an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (b) Technical Corrections.— (1) The Act is amended by— (A) striking “coastal State” each place it appears and inserting “coastal state”; (B) striking “coastal States” each place it appears and inserting “coastal states”; and (C) striking “coastal State’s” each place it appears and inserting “coastal state’s”. (2) Section 6203(b)(1) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–301, relating to section 303(2) of the Coastal Zone Management Act of 1972) is amended by striking “as well as the” the first place it appears and inserting “as well as to”. (3) Section 6204(a) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–302, relating to section 304(1) of the Coastal Zone Management Act of 1972) is amended— (A) in the matter preceding paragraph (1) by striking “The third sentence of section” and inserting “Section”; (B) in paragraph (1) by inserting after “period at the end” the following: “of the third sentence”; and (C) in paragraph (2) by inserting after “territorial sea.’ ” the following: “at the end of the second sentence”. (4) Section 6204(b) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–302) is amended by striking 16 USC 1453. “following’ ” and inserting “following:”. (5) Section 304(1) (16 U.S.C. 1453(1)) is amended in the second sentence— (A) by striking “the outer limit of” the first place it appears; and (B) by striking “1705,” and inserting “1705),”. (6) Section 304(2) (16 U.S.C. 1453(2)) is amended by striking “the term” and inserting “The term”. (7) Section 304(9) (16 U.S.C. 1453(9)) is amended to read as follows: “(9) The term ‘Fund’ means the Coastal Zone Management Fund established under section 308(b).”. (8) Section 306(b) (16 U.S.C. 1455(b)) is amended by striking the semicolon at the end and inserting a period. (9) Section 6216(a) of the Coastal Zone Act Reauthorization 16 USC 1455a. Amendments of 1990 (104 Stat. 1388–314, relating to section 306A(b)(1) of the Coastal Zone Management Act of 1972) is amended by striking “306a(b)(1)” and inserting “306A(b)(1)”. (10) Section 306A(a)(1)(B) (16 U.S.C. 1455a(a)(1)(B)) is amended by striking “specified” and all that follows through the end of the sentence and inserting “specified in section 303(2) (A) through (K).”. (11) Section 306A(b) (16 U.S.C. 1455a(b)) is amended— (A) in paragraph (2) by striking “that are designated” and all that follows through the end of the paragraph and inserting “that are designated in the state’s management program pursuant to section 306(d)(2)(C) as areas of particular concern.”; and (B) in paragraph (3) by— (i) striking “access of” and inserting “access to”; and (ii) striking “in accordance with” and all that follows through the end of the paragraph and inserting “in accordance with the planning process required under section 306(d)(2)(G).”. (12) Section 306A(c) (16 U.S.C. 1455a(c)) is amended in paragraph (2)(C) in the matter following clause (iii) by striking “shall not by” and inserting “shall not be”. (13) Section 6208(b)(3)(B) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–308, relating to 16 USC 1456. section 307(c)(3)(B) of the Coastal Zone Management Act of 1972) is amended by inserting “with” after “complies”. (14) Section 307(i) (16 US.C. 1456(i)) is amended— (A) by inserting “(1)” after “(i)”; (B) in paragraph (1) (as designated by subparagraph (A) of this paragraph) by striking the second sentence; and (C) by adding at the end the following: “(2) (A) The Secretary shall collect such other fees as are necessary to recover the full costs of administering and processing such appeals under subsection (c). “(B) If the Secretary waives the application fee under paragraph (1) for an applicant, the Secretary shall waive all other fees under this subsection for the applicant. “(3) Fees collected under this subsection shall be deposited into the Coastal Zone Management Fund established under section 308.”. (15) Section 6209 of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–308, relating to section 308 of the Coastal Zone Management Act of 1972) is amended in the matter preceding the quoted material by striking “1456” and inserting “1456a”. (16) Section 308(a)(1) (16 U.S.C. 1456a(a)(1)) is amended in the first sentence by striking “pursuant to this Act” and inserting “pursuant to this title”. (17) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by striking “(hereinafter” and all that follows through “ ‘Fund’)”. (18) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by inserting after “subsection (a)” the following: “and fees deposited into the Fund under section 307(i)(3)”. (19) The first section 313 (16 U.S.C. 1459) is amended— (A) in subsection (a) by striking “section 308” and inserting “section 308, as in effect before the date of the enactment of the Coastal Zone Act Reauthorization Amendments of 1990,”; and (B) in paragraph (1) of subsection (b) by striking “section 308(d)” and all that follows through the end of the paragraph and inserting “section 308, as in effect before the date of the enactment of the Coastal Zone Act Reauthorization Amendments of 1990; and”. (20) The second section 313 (16 U.S.C. 1460, relating to Walter B. Jones excellence in coastal zone management awards) is amended— (A) by redesignating that section as section 314; (B) in subsection (a) by inserting after “under section 308” the following: “and other amounts available to carry out this title (other than amounts appropriated to carry out sections 305, 306, 306A, 309, 310, and 315)”; and (C) in subsection (e) by inserting after “under section 308” the following: “and other amounts available to carry out this title (other than amounts appropriated to carry out sections 305, 306, 306A 309, 310, and 315)”. (21) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking “National Estuarine Reserve Research System” and inserting “National Estuarine Research Reserve System”. (22) Section 315(c)(4) (16 U.S.C. 1461(c)(4)) is amended by striking “subsection (1)”; and inserting “paragraph (1)”. (23) Section 316(a) (16 U.S.C. 1462(a)) is amended in clause (5) by striking “subsections (c) and (d) of this section” and inserting “subsections (c) and (d) of section 312”. (24) Section 6217(i)(3) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–319, relating to definitions under that Act) is amended— (A) by striking the comma; and (B) by inserting “Zone” after “Coastal”. SEC. 2206. RESEARCH TO IMPROVE MANAGEMENT. (a) Florida National Marine Sanctuary.— Section 7(a) of the Florida Keys National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by striking paragraph (4); by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and by inserting after paragraph (3) the following new paragraphs: “(4) identify priority needs for research and amounts needed to— “(A) improve management of the Sanctuary, and in particular, the coral reef ecosystem within the Sanctuary; and “(B) identify clearly the cause and effect relationships between factors threatening the health of the coral reef ecosystem in the Sanctuary; “(5) establish a long-term ecological monitoring program and data base, including methods to disseminate information on the management of the coral reef ecosystem;”. (b) Deadlines Not Affected.— The amendments made by subsection (a) shall not be construed to modify, by implication or otherwise, the deadlines established under— (1) section 7(a) of the Florida Keys National Marine Sanctuary and Protection Act regarding completion of the comprehensive management plan and final regulations; or (2) section 8(a) of that Act regarding development of the water quality protection program. SEC. 2207. OLYMPIC COAST NATIONAL MARINE SANCTUARY. No oil or gas leasing or preleasing activity shall be conducted within the area designated as the Olympic Coast National Marine Sanctuary in accordance with Public Law 100–627. SEC. 2208. PROVASOLI-GUILLARD CENTER FOR CULTURE OF MARINE PHYTOPLANKTON. (a) Findings.— The Congress finds the following: (1) The oceans cover 70 percent of the surface of the Earth. (2) The foundation of the food webs and fisheries productivity of the oceans rests with microscopic plants known as phytoplankton. (3) Phytoplankton serve as a vital natural resource in the oceans. (4) By serving as primary agents in control of the flux of atmospheric carbon dioxide to the deep ocean, phytoplankton influence climate and the rate of global warming. (5) There is limited knowledge of the biology, physiology, chemistry, and taxonomy of phytoplankton, and it is of vital interest to this Nation to improve the body of knowledge relating to phytoplankton to benefit this Nation and other countries. (6) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton located in West Boothbay Harbor, Maine, houses a phytoplankton collection that contains species from each of the ocean environments of the World, and is recognized as the largest collection of phytoplankton in the World. (7) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton is of vital interest to oceanographers in this Nation and throughout the World, and provides cultures of phytoplankton for critical research on global issues. (b) Designation.— In light of the findings under subsection (a), the Provasoli-Guillard Center for the Culture of Marine Phytoplankton located in West Boothbay Harbor, Maine, is designated as a National Center and Facility. SEC. 2209. FLORIDA KEYS NATIONAL MARINE SANCTUARY. (a) Implementation.— Section 8 of the Florida Keys National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by adding at the end the following new subsection: “(d) Implementation.— (1) The Administrator of the Environmental Protection Agency and the Governor of the State of Florida shall implement the program required by this section, in cooperation with the Secretary of Commerce. “(2) (A) The Regional Administrator of the Environmental Protection Agency shall with the Governor of the State of Florida establish a Steering Committee to set guidance and policy for the development and implementation of such program. Membership shall include representatives of the Environmental Protection Agency, the National Park Service, the United States Fish and Wildlife Service, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the Florida Department of Community Affairs, the Florida Department of Environmental Regulation, the South Florida Water Management District, and the Florida Keys Aqueduct Authority; three individuals in local government in the Florida Keys; and three citizens knowledgeable about such program. “(B) The Steering Committee shall, on a biennial basis, issue a report to Congress that— “(i) summarizes the progress of the program; “(ii) summarizes any modifications to the program and its recommended actions and plans; and “(iii) incorporates specific recommendations concerning the implementation of the program. “(C) The Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration shall cooperate with the Florida Department of Environmental Regulation to establish a Technical Advisory Committee to advise the Steering Committee and to assist in the design and prioritization of programs for scientific research and monitoring. The Technical Advisory Committee shall be composed of scientists from Federal agencies, State agencies, academic institutions, private non-profit organizations, and knowledgeable citizens. “(3) (A) The Regional Administrator of the Environmental Protection Agency shall appoint a Florida Keys Liaison Officer. The Liaison Officer, who shall be located within the State of Florida, shall have the authority and staff to— “(i) assist and support the implementation of the program required by this section, including administrative and technical support for the Steering Committee and Technical Advisory Committee; “(ii) assist and support local, State, and Federal agencies in developing and implementing specific action plans designed to carry out such program; “(iii) coordinate the actions of the Environmental Protection Agency with other Federal agencies, including the National Oceanic and Atmospheric Administration and the National Park Service, and State and local authorities, in developing strategies to maintain, protect, and improve water quality in the Florida Keys; “(iv) collect and make available to the public publications, and other forms of information that the Steering Committee determines to be appropriate, related to the water quality in the vicinity of the Florida Keys; and “(v) provide for public review and comment on the program and implementing actions. “(4) (A) There are authorized to be appropriated to the Administrator Appropriation authorization. of the Environmental Protection Agency $2,000,000 for fiscal year 1993, $3,000,000 for fiscal year 1994, and $4,000,000 for fiscal year 1995, for the purpose of carrying out this section. “(B) There are authorized to be appropriated to the Secretary of Commerce $300,000 for fiscal year 1993, $400,000 for fiscal year 1994, and $500,000 for fiscal year 1995, for the purpose of enabling the National Oceanic and Atmospheric Administration to carry out this section. “(C) Amounts appropriated under this paragraph shall remain available until expended. “(D) No more than 15 percent of the amount authorized to be appropriated under subparagraph (A) for any fiscal year may be expended in that fiscal year on administrative expenses.”. (b) Technical Amendment.— Section 8(c) of the Florida Keys National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by striking “paragraph (1)” and inserting in lieu thereof “subsection (a)”. Subtitle C— Hawaiian Islands Humpback Whale Sanctuary SEC. 2301. SHORT TITLE. This subtitle may be cited as the “Hawaiian Islands National Marine Sanctuary Act”. SEC. 2302. FINDINGS. The Congress finds the following: (1) Many of the diverse marine resources and ecosystems within the Western Pacific region are of national significance and importance. (2) There are at present no ocean areas in the Hawaiian Islands designated as national marine sanctuaries or identified on the Department of Commerce’s Site Evaluation List of sites to be investigated as potential candidates for designation as a national marine sanctuary under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). (3) The Hawaiian Islands consist of eight major islands and 124 minor islands, with a total land area of 6,423 square miles and a general coastline of 750 miles. (4) The marine environment adjacent to and between the Hawaiian Islands is a diverse and unique subtropical marine ecosystem. (5) The Department of Commerce recently concluded in its Kahoolawe Island National Marine Sanctuary Feasibility Study that there is preliminary evidence of biological, cultural, and historical resources adjacent to Kahoolawe Island to merit further investigation for national marine sanctuary status. (6) The Department of Commerce also concluded in its Kahoolawe Island National Marine Sanctuary Feasibility Study that there are additional marine areas within the Hawaiian archipelago which merit further consideration for national marine sanctuary status and that the national marine sanctuary program could enhance marine resource protection in Hawaii. (7) The Hawaiian stock of the endangered humpback whale, the largest of the three North Pacific stocks, breed and calve within the waters of the main Hawaiian Islands. (8) The marine areas surrounding the main Hawaiian Islands, which are essential breeding, calving, and nursing areas for the endangered humpback whale, are subject to dam-age and loss of their ecological integrity from a variety of disturbances. (9) The Department of Commerce recently promulgated a humpback whale recovery plan which sets out a series of recommended goals and actions in order to increase the abundance of the endangered humpback whale. (10) An announcement of certain Hawaiian waters frequented by humpback whales as an active candidate for marine sanctuary designation was published in the Federal Register on March 17, 1982 (47 FR 11544). (11) The existing State and Federal regulatory and management programs applicable to the waters of the main Hawaiian Islands are inadequate to provide the kind of comprehensive and coordinated conservation and management of humpback whales and their habitat that is available under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). (12) Authority is needed for comprehensive and coordinated conservation and management of humpback whales and their habitat that will complement existing Federal and State regulatory authorities. (13) There is a need to support, promote, and coordinate scientific research on, and monitoring of, that portion of the marine environment essential to the survival of the humpback whale. (14) Public education, awareness, understanding, appreciation, and wise use of the marine environment are fundamental to the protection and conservation of the humpback whale. (15) The designation, as a national marine sanctuary, of the areas of the marine environment adjacent to the main Hawaiian Islands which are essential to the continued recovery of the humpback whale is necessary for the preservation and protection of this important national marine resource. (16) The marine sanctuary designated for the conservation and management of humpback whales could be expanded to include other marine resources of national significance which are determined to exist within the sanctuary. SEC. 2303. DEFINITIONS. In this subtitle, the following definitions apply: (1) The term “adverse impact” means an impact that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms. (2) The term “Sanctuary” means the Hawaiian Islands Humpback Whale National Marine Sanctuary designated under section 2305. (3) The term “Secretary” means the Secretary of Commerce. SEC. 2304. POLICY AND PURPOSES. (a) Policy.— It is the policy of the United States to protect and preserve humpback whales and their habitat within the Hawaiian Islands marine environment. (b) Purposes.— The purposes of this subtitle are— (1) to protect humpback whales and their habitat in the area described in section 2305(b); (2) to educate and interpret for the public the relationship of humpback whales to the Hawaiian Islands marine environment; (3) to manage such human uses of the Sanctuary consistent with this subtitle and title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended by this Act; and (4) to provide for the identification of marine resources and ecosystems of national significance for possible inclusion in the sanctuary designated in section 2305(a). SEC. 2305. DESIGNATION OF SANCTUARY. (a) Designation.— Subject to subsection (c), the area described in subsection (b) is designated as the Hawaiian Islands Humpback Whale National Marine Sanctuary under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1451 et seq.), as amended by this title. (b) Area Included.— (1) Subject to subsections (c) and (d), the area referred to in subsection (a) consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward of the upper reaches of the wash of the waves on shore— (A) to the one hundred fathom (one hundred and eighty-three meter) isobath adjoining the islands of Lanai, Maui, and Molokai, including Penguin Bank but excluding the area within 3 nautical miles of the upper reaches of the waves on the shore of Kahoolawe Island; (B) to the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Nakalele Point, Maui, and southward; and (C) to the one hundred fathom (one hundred and eighty-three meter) isobath adjoining the Kilauea National Wildlife Refuge on the island of Kauai. (2) (A) On January 1, 1996, the area of the marine environment within 3 nautical miles of the upper reaches of the wash of the waves on the shore of Kahoolawe Island is designated a part of the Sanctuary, unless during the 3-month period immediately preceding January 1, 1996, the Secretary certifies in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives that the area is not suitable for inclusion in the Sanctuary. If such certification is made, it shall be accompanied by a written explanation of the Secretary’s reasoning in support of the certification. (B) After a certification of unsuitability is made under subparagraph Reports. (A), the Secretary shall annually make a finding concerning the suitability of the area for inclusion in the Sanctuary and submit to such congressional committees a report on that finding and the reasons thereof. If the Secretary finds that the area is suitable for inclusion in the Sanctuary, the area is designated a part of the Sanctuary on the 30th day after such report is submitted. (C) Upon designation of the area under subparagraph (A) or (B), the area shall be managed as if it has been designated under section 2305, and the Secretary shall— (i) publish a notice in the Federal Register announcing the designation and identifying the area; and (ii) issue such regulations for the area as are necessary to fulfill the Secretary’s responsibilities under this subtitle and title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). (3) The Secretary shall generally identify and depict the Sanctuary on National Oceanic and Atmospheric Administration charts. Those charts 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. The Secretary shall update the charts to reflect any boundary modification under subsection (d), and any additional designation under paragraph (2) of this subsection. (c) Effect of Objection by Governor.— (1) If within 45 days after the date of the enactment of this title the Governor of Hawaii certifies to the Secretary that the designation (including the prospective additional designation under subsection (b)(2) of the area within 3 nautical miles of Kahoolawe Island) is unacceptable, the designation shall not take effect in the area of the Sanctuary lying within the seaward boundary of the State of Hawaii. (2) 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, any implementing regulation, 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. (3) If the Secretary considers that an action taken under paragraph (1) or (2) will affect the Sanctuary in a manner that the goals and objectives of this subtitle cannot be fulfilled, the Secretary may terminate the entire designation under subsection (a). At least thirty days prior to such termination, the Secretary shall submit written notification of the proposed termination to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. (d) Boundary Modifications.— No later than the date of issuance of the draft environmental impact statement for the Sanctuary under section 304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary, in consultation with the Governor of Hawaii, if appropriate, may make modifications to the boundaries of the Sanctuary as necessary to fulfill the purpose of this subtitle. The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a written notification of such modifications. SEC. 2306. COMPREHENSIVE MANAGEMENT PLAN. (a) Preparation of Plan.— The Secretary, in consultation with interested persons and appropriate Federal, State, and local government authorities, shall develop and issue not later than 18 months after the date of enactment of this title a comprehensive management plan and implementing regulations to achieve the policy and purposes of this subtitle. In developing the plan and regulations, the Secretary shall follow the procedures specified in sections 303 and 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434), as amended by this title. Such comprehensive management plan shall— (1) facilitate all public and private uses of the Sanctuary (including uses of Hawaiian natives customarily and tradition-ally exercised for subsistence, cultural, and religious purposes) consistent with the primary objective of the protection of hump-back whales and their habitat; (2) set forth the allocation of Federal and State enforcement responsibilities, as jointly agreed by the Secretary and the State of Hawaii; (3) identify research needs and establish a long-term ecological monitoring program with respect to humpback whales and their habitat; (4) identify alternative sources of funding needed to fully implement the plan’s provisions and supplement appropriations under section 2307 of this subtitle and section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1444); (5) ensure coordination and cooperation between Sanctuary managers and other Federal, State, and local authorities with jurisdiction within or adjacent to the Sanctuary; and (6) promote education among users of the Sanctuary and the general public about conservation of humpback whales, their habitat, and other marine resources. (b) Public Participation.— The Secretary shall provide for participation by the general public in development of the comprehensive management plan or any amendment thereto. SEC. 2307. AUTHORIZATION OF APPROPRIATIONS. For carrying out this subtitle, there are authorized to be appropriated to the Secretary $500,000 for fiscal year 1993 and $300,000 for fiscal year 1994. Of the amounts appropriated under this section for fiscal year 1993— (1) not less than $50,000 shall be used by the Western Pacific Regional Team to evaluate potential national marine sanctuary sites for inclusion on the Department of Commerce’s Site Evaluation List; and (2) not less than $50,000 shall be used to continue the investigation of biological, cultural, and historical resources adjacent to Kahoolawe Island.

8. 1996

   National Marine Sanctuaries Preservation Act

   Pub. L. 104–283 § 9(e) · 110 Stat. 3363

   Changed · 16 U.S.C. § 1443(b)(1)

   Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587, § 2110(d). See 1992 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587, § 2110(d). See 1992 Amendment note below.

   Enacted provision · exact public law section
   (e) (e) Section 2110(d) of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046) is deemed to have amended 16 USC 1443. 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”.

9. 2000

   Pub. L. 106–513 § 19(c) · 114 Stat. 2381

   Amended · 16 U.S.C. § 1443(a)(1)

   Pub. L. 106–513, § 19(c), amended par. (1) heading

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–513, § 19(c), amended par. (1) heading.

   Enacted provision · exact public law section
   (c) Miscellaneous.— Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is amended by striking "UNITED STATES" and inserting “united states”.

10. 2000

    Pub. L. 106–513 § 13(a) · 114 Stat. 2381

    1. Amended · 16 U.S.C. § 1443(c)

       Pub. L. 106–513, § 13(a), designated existing provisions as par. (1)

    2. Struck · 16 U.S.C. § 1443(c)

       Pub. L. 106–513, § 13(a), struck out “in the United States district court for the appropriate district” after “civil action”

    3. Added · 16 U.S.C. § 1443(c)

       Pub. L. 106–513, § 13(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–513, § 13(a), designated existing provisions as par. (1), struck out “in the United States district court for the appropriate district” after “civil action”, and added par. (2).

    Enacted provision · exact public law section
    (a) Venue for Civil Actions.— Section 312(c) (16 U.S.C. 1443(c)) is amended— (1) by inserting “(1)” before the first sentence; (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.”.

11. 2000

    Pub. L. 106–513 § 13(b) · 114 Stat. 2381

    1. Added · 16 U.S.C. § 1443(d)(1); 16 U.S.C. § 1443(d)(2)

       Pub. L. 106–513, § 13(b), added pars. (1) and (2)

    2. Struck · 16 U.S.C. § 1443(d)(1); 16 U.S.C. § 1443(d)(2)

       Pub. L. 106–513, § 13(b), struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(1), (2). Pub. L. 106–513, § 13(b), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

    “(1) Response costs and damage assessments.—Twenty percent of amounts recovered under this section, up to a maximum balance of $750,000, shall be used to finance response actions and damage assessments by the Secretary. “(2) Restoration, replacement, management, and improvement.—Amounts remaining after the operation of paragraph (1) shall be used, in order of priority— “(A) to restore, replace, or acquire the equivalent of the sanctuary resources which were the subject of the action; “(B) to manage and improve the national marine sanctuary within which are located the sanctuary resources which were the subject of the action; and “(C) to manage and improve any other national marine sanctuary.”

    Enacted provision · exact public law section
    (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.”.

12. 2000

    Pub. L. 106–513 § 13(c) · 114 Stat. 2381

    Added · 16 U.S.C. § 1443(e)

    Pub. L. 106–513, § 13(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–513, § 13(c), added subsec. (e).

    Enacted provision · exact public law section
    (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.”.

14 of 18 references resolved to an enrolled provision · 4 partial