[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6204 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6204
To expand the boundaries of the Thunder Bay National Marine Sanctuary
and Underwater Preserve and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2008
Mr. Stupak (for himself, Mr. McCotter, and Mr. Kildee) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To expand the boundaries of the Thunder Bay National Marine Sanctuary
and Underwater Preserve and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thunder Bay National Marine
Sanctuary and Underwater Preserve Boundary Modification Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Thunder Bay National Marine Sanctuary and Underwater
Preserve in Lake Huron contains more than 100 recorded historic
vessel losses.
(2) The areas immediately surrounding the Sanctuary,
including the offshore waters of Presque Isle and Alcona
counties, Michigan, contain an equal number of historic vessel
losses.
(3) Many of these shipwrecks and underwater cultural
resources are popular recreational diving destinations, and all
contribute to our collective maritime heritage.
(4) These resources are susceptible to damage from human
activities, and must be properly preserved for themselves and
to protect the economic viability of their contribution to
national and regional economies.
(b) Purposes.--The purposes of this Act are--
(1) to expand the Thunder Bay National Marine Sanctuary and
Underwater Preserve boundaries to encompass the offshore waters
of Presque Isle and Alcona counties, Michigan and outward to
the international border between the United States and Canada;
and
(2) to provide the underwater cultural resources of those
areas equal protection to that currently afforded to the
Sanctuary.
SEC. 3. DEFINITIONS.
In this Act:
(1) Sanctuary.--The term ``Sanctuary'' means the Thunder
Bay National Marine Sanctuary and Underwater Preserve.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--Notwithstanding any provision of law or
regulation, including section 922.190 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act, the
Sanctuary shall consist of the geographic area described in subsection
(b).
(b) Expanded Sanctuary Boundary.--The area referred to in
subsection (a) is all submerged lands, including the underwater
cultural resources, lake ward of the mean high water line, within the
boundaries of a line formed by connecting points in succession
beginning at a point along the mean high water line located
approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle
County) then due east to the international boundary between the United
States and Canada approximately located at 45.628741N, 83.163783W then
following the international boundary between the United States and
Canada in a generally southeasterly direction where it intersects
latitude 44.511111N, then due west to a point along the mean high water
line located approximately at 44.511111N, 83.318483W (in Alcona County
just south of the town of Greenbush) returning to the first point along
the mean high water line.
(c) Authority To Make Minor Adjustments.--The Secretary may make
minor adjustments to the boundary described in subsection (b) to
facilitate enforcement and clarify the boundary to public provided the
resulting boundary is consistent the purposes described in section
2(b).
(d) Inclusion in the System.--The area described in subsection (b),
as modified in accordance with subsection (c), shall be managed as part
of the National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act.
(e) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration charts for the area in which the Sanctuary is
located; and
(2) include on such charts the boundaries of the Sanctuary
described in subsection (b), as modified in accordance with
subsection (c).
SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.
(a) Regulations.--The regulations applicable to the Sanctuary
codified in subpart R of part 922 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act,
shall apply to the geographic area added to the Sanctuary pursuant to
section 4, unless the Secretary specifies otherwise by regulation.
(b) Existing Certifications.--The Secretary may certify that any
license, permit, approval, other authorization, or right to conduct a
prohibited activity made pursuant to section 922.194 of title 15, Code
of Federal Regulations, that exists on the date of the enactment of
this Act shall apply to such an activity conducted within the
geographic area added to the Sanctuary pursuant to section 4.
(c) Date of Sanctuary Designation.--For purposes of section 922.194
of title 15, Code of Federal Regulations, the date of the enactment of
this Act shall be deemed to be the date of Sanctuary designation.
(d) Management Plan.--To the extent practicable, the Secretary
shall apply the management plan in effect for the Sanctuary of the date
of the enactment of this Act to the geographic area added to the
Sanctuary pursuant to section 4.
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