House Report 104-717 - NATIONAL MARINE SANCTUARIES PRESERVATION ACT

[House Report 104-717]
[From the U.S. Government Publishing Office]

104th Congress Report
HOUSE OF REPRESENTATIVES

2d Session 104-717
_______________________________________________________________________

NATIONAL MARINE SANCTUARIES PRESERVATION ACT

_______

July 29, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

[To accompany H.R. 3487]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 3487) to reauthorize the National Marine Sanctuaries Act,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Marine Sanctuaries
Preservation Act''.

SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of National Marine Sanctuaries
Act (16 U.S.C. 1431-1445a).

SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT.

Section 313 (16 U.S.C. 1444) is amended to read as follows:

``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Secretary to carry
out this title--
``(1) $12,000,000 for fiscal year 1997;
``(2) $15,000,000 for fiscal year 1998; and
``(3) $18,000,000 for fiscal year 1999.''.

SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR.

The Secretary of Commerce shall, within 12 months after the date of
the enactment of this Act, prepare and submit to the Committee on
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a long-range,
comprehensive plan for the management, stabilization, preservation, and
recovery of artifacts and materials of the United States Ship Monitor.
In preparing and implementing the plan, the Secretary shall to the
extent feasible utilize the resources of other Federal and private
entities with expertise and capabilities that are helpful.

SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS.

Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting
before the period at the end the following: ``, except that in the case
of a meeting of an Advisory Council established to provide assistance
regarding any individual national marine sanctuary the notice is not
required to be published in the Federal Register''.

SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

(a) Incorporation of Existing Provision.--Section 316 (16 U.S.C. 1445
note) is redesignated as section 317, section 2204 of the National
Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5049) is
moved so as to appear in the National Marine Sanctuaries Act following
section 315, and that moved section is designated as section 316 of the
National Marine Sanctuaries Act.
(b) Amendment of Incorporated Section.--Section 316, as moved and
designated by subsection (a) of this section, is amended as follows:
(1) Subsections (a), (g), and (h) are struck, and subsections
(b), (c), (d), (e), and (f) are redesignated as subsections
(a), (b), (c), (d), and (e), respectively.
(2) In subsection (a), as so redesignated, the matter
preceding paragraph (1) is struck and the following is
inserted:
``(a) Authority.--The Secretary may establish a program consisting
of--''.
(3) In subsection (a)(5), as so redesignated--
(A) ``establishment'' is struck and ``solicitation''
is inserted; and
(B) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted.
(4) In subsection (a)(6), as so redesignated--
(A) ``fees'' is struck and ``monetary or in-kind
contributions'' is inserted;
(B) ``paragraph (5)'' is struck and ``paragraphs (5)
and (6)'' is inserted;
(C) ``assessed'' is struck and ``collected'' is
inserted; and
(D) ``in an interest-bearing revolving fund'' is
struck.
(5) In subsection (a)(7), as so redesignated--
(A) ``and use'' is inserted after ``expenditure'';
(B) ``fees'' is struck and ``monetary and in-kind
contributions'' is inserted; and
(C) ``and any interest in the fund established under
paragraph (6)'' is struck.
(6) In subsection (a), as so redesignated, paragraphs (5),
(6), and (7) are redesignated in order as paragraphs (6), (7),
and (8), and the following new paragraph is inserted after
paragraph (4):
``(5) the creation, marketing, and selling of products to
promote the national marine sanctuary program, and entering
into exclusive or nonexclusive agreements authorizing entities
to create, market or sell on the Secretary's behalf;''.
(7) The following new sentence is added at the end of
subsection (a), as so redesignated:
``Monetary and in-kind contributions raised through the sale,
marketing, or use of symbols and products related to an individual
national marine sanctuary shall be used to support that sanctuary.''.
(8) In subsection (e), as so redesignated--
(A) paragraph (2) is struck;
(B) in paragraph (1), ``(1)'' is struck, and
subparagraphs (A), (B), (C), and (D) are redesignated
as paragraphs (1), (2), (3), and (4); and
(C) in paragraph (3), as so redesignated, ``fee'' is
struck and ``monetary or in-kind contribution'' is
inserted.
(9) In each of subsections (b), (c), and (d), as so
redesignated, by striking ``subsection (b)'' and inserting
``subsection (a)''.

SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY.

Section 2305 of the Hawaiian Islands National Marine Sanctuary Act
(16 U.S.C. 1433 note) is amended--
(1) in subsection (a)--
(A) by striking ``(A)'' and inserting ``(a)''; and
(B) by striking ``the area described in subsection
(b) is'' and inserting ``the area described in
subsection (b)(1) and any area included under
subsection (b)(2) are'';
(2) by amending subsection (b)(2) to read as follows:
``(2)(A) Within 6 months after the date of receipt of a request in
writing from the Kahoolawe Island Reserve Commission for inclusion
within the Sanctuary of the area of the marine environment within 3
nautical miles of the mean high tide line of Kahoolawe Island (in this
section referred to as the `Kahoolawe Island waters'), the Secretary
shall determine whether those waters may be suitable for inclusion in
the Sanctuary.
``(B) If the Secretary determines under subparagraph (A) that the
Kahoolawe Island waters may be suitable for inclusion within the
Sanctuary--
``(i) the Secretary shall provide notice of that
determination to the Governor of Hawaii; and
``(ii) the Secretary shall prepare a supplemental
environmental impact statement, management plan, and
implementing regulations for that inclusion in accordance with
this Act, the National Marine Sanctuaries Act, and the National
Environmental Policy Act of 1969.
``(C) Amounts may be appropriated to carry out this paragraph under
the authority provided in section 313 of the National Marine
Sanctuaries Act.''; and
(3) by amending subsection (c) to read as follows:
``(c) Effect of Objection by Governor.--(1)(A) If, within 45 days
after the date of issuance of the comprehensive management plan and
implementing regulations under section 2306, the Governor of Hawaii
certifies to the Secretary that the management plan, the implementing
regulations, or any term of the plan or regulations is unacceptable,
the management plan, regulation, or term, respectively, shall not take
effect in the area of the Sanctuary lying within the seaward boundary
of the State of Hawaii.
``(B) If the Secretary considers that an action under subparagraph
(A) will affect the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
the designation under subsection (a). At least 30 days before that
termination, the Secretary shall submit written notice of the
termination to the Committee on Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2)(A) If, within 45 days after the Secretary issues the documents
required under subsection (b)(2)(B)(ii), the Governor of Hawaii
certifies to the Secretary that the inclusion of the Kahoolawe Island
waters in the Sanctuary or any term of that inclusion is unacceptable--
``(i) the inclusion or the term shall not take effect; and
``(ii) subsection (b)(2) shall not apply during the 3-year
period beginning on the date of that certification.
``(B) If the Secretary considers that an action under subparagraph
(A) regarding a term of the inclusion of the Kahoolawe Island waters
will affect the inclusion or the administration of the Kahoolawe Island
waters as part of the Sanctuary in such a manner that the policy or
purposes of this title cannot be fulfilled, the Secretary may terminate
that inclusion.
``(3) Amounts may be appropriated to carry out this subsection under
the authority provided in section 313 of the National Marine
Sanctuaries Act.''.

SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.

(a) Modification.--Notwithstanding section 304 of the National Marine
Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower Garden
Banks National Marine Sanctuary, as designated by Public Law 102-251,
are amended to include the area described in subsection (d), popularly
known as Stetson Bank. This area shall be part of the Flower Garden
Banks National Marine Sanctuary and shall be managed and regulated as
though it had been designated by the Secretary of Commerce under the
National Marine Sanctuaries Act.
(b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce
shall--
(1) prepare a chart depicting the boundaries of the Flower
Garden Banks National Marine Sanctuary, as modified by this
section; and
(2) submit copies of this chart to the Committee on Resources
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) Application of Regulations.--Regulations issued by the Secretary
of Commerce to implement the designation of the Flower Garden Banks
National Marine Sanctuary shall apply to the area described in
subsection (d), unless modified by the Secretary. This subsection shall
take effect 45 days after the date of enactment of this Act.
(d) Area Described.--
(1) In general.--Except as provided in paragraph (2), the
area referred to in subsections (a), (b), and (c) is the area
that is--
(A) generally depicted on the Department of the
Interior, Minerals Management Service map titled
``Western Gulf of Mexico, Lease Sale 143, September
1993, Biologically Sensitive Areas, Map 3 of 3,
Final'';
(B) labeled ``Stetson'' on the High Island Area South
Addition diagram on that map; and
(C) within the 52 meter isobath.
(2) Minor boundary adjustments.--The Secretary of Commerce
may make minor adjustments to the boundaries of the area
described in paragraph (1) as necessary to protect living coral
resources or to simplify administration of the Flower Garden
Banks National Marine Sanctuary and to establish precisely the
geographic boundaries of Stetson Bank. The adjustments shall
not significantly enlarge or otherwise alter the size of the
area described in paragraph (1), and shall not result in the
restriction of oil and gas activities otherwise permitted
outside of the ``no activity'' zone designated for Stetson Bank
as that zone is depicted on the Minerals Management Service map
entitled ``Final Notice of Sale 161, Western Gulf Mexico,
Biological Stipulation Map Package''.
(e) Publication of Notice.--
(1) In general.--The Secretary of Commerce shall, as soon as
practicable after the date of the enactment of this Act,
publish in the Federal Register a notice describing--
(A) the boundaries of the Flower Garden Banks
National Marine Sanctuary, as modified by this section,
and
(B) any modification of regulations applicable to
that Sanctuary that are necessary to implement that
modification of the boundaries of the Sanctuary.
(2) Treatment as notice required under national marine
sanctuaries act.--A notice published under paragraph (1) shall
be considered to be the notice required to be published under
section 304(b)(1) of the National Marine Sanctuaries Act (16
U.S.C. 1434(b)(1)).
(f) Authorization of Appropriations.--Amounts may be appropriated to
carry out this section under the authority provided in section 313 of
the National Marine Sanctuaries Act, as amended by this Act.

SEC. 9. NORTHWEST STRAITS.

(a) Submission of Documents.--In the case of a Sanctuary in the
Northwest Straits of the State of Washington, on the same day the
notice required by section 304(a)(1)(A) of the National Marine
Sanctuaries Act is issued, the Secretary of Commerce shall submit the
documents required by section 304(a)(1)(C) of the National Marine
Sanctuaries Act to the Advisory Committee established under subsection
(b). The Advisory Committee shall then within 60 days review those
documents and make recommendations to the Secretary regarding
designation. Upon receipt of the recommendations of the Advisory
Committee, the Secretary shall submit the documents required by section
304(a)(1)(A) of the National Marine Sanctuaries Act along with
recommendations of the Advisory Committee to the Committee on Resources
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(b) Northwest Straits Marine Resources Protection Advisory
Committee.--(1) There shall be established, within 120 days after the
date of enactment of this subsection, the Northwest Straits Marine
Resources Protection Advisory Committee, consisting of 11 members
appointed by the Secretary, at least 8 of whom are appointed in
accordance with paragraph (2) and at least 1 of whom is appointed from
each of the following counties in western Washington: San Juan, Island,
Whatcom, Skagit, Snohomish, and Clallam. This Advisory Committee shall
be exempt from the Federal Advisory Committee Act.
(2) The Secretary of Commerce shall appoint members of the Advisory
Committee from a list of individuals submitted by each county specified
in paragraph (1), in accordance with the following requirements:
(A) A county may not submit the names of individuals to the
Secretary for appointment unless the county has determined that
each individual, by reason of his or her occupational or other
experience, scientific expertise, or training, is knowledgeable
regarding the conservation and management, or the commercial or
recreational harvest or use, of the marine resources of Puget
Sound.
(B) Each list shall include the names and pertinent
biographical data of not less than 3 individuals for each
applicable vacancy and shall be accompanied by a statement by
the county explaining how each individual meets the
requirements under paragraph (1).
(C) The Secretary shall review each list submitted by a
county to ascertain if the individuals on the list are
qualified for the vacancy on the basis of the requirements
under subparagraph (A). If the Secretary determines that no
individual on a county's list is qualified, the Secretary shall
notify the county of that determination. The county shall then
submit a revised list or resubmit the original list with an
additional explanation of the qualifications of the individuals
in question.
(c) Advisory Committee Report.--Within 1 year of the enactment of
this Act, the Advisory Committee shall report to the Secretary of
Commerce on the adequacy of existing marine resources protection under
local, State, and Federal laws in the waters adjacent to the counties
specified in subsection (b)(1). This report shall recommend whether a
special resources management area is necessary to protect the marine
resources in those waters. If the Advisory Committee recommends that a
special resources management area is necessary, then the report shall
specify whether that area should constitute a non-Federal management
area, a National Marine Sanctuary, or some other form.
(d) Submission of Northwest Straits Draft Environmental Impact
Statement.--The Secretary of Commerce shall not issue a draft
Environmental Impact Statement under the National Environmental Policy
Act of 1969 on a Northwest Straits National Marine Sanctuary until
receipt of this report. If the Secretary issues a draft Environmental
Impact Statement, it shall include the Advisory Committee's
recommendation as an alternative.
(e) Authorization of Appropriations.--None of the funds authorized to
be appropriated under this Act may be used to designate a National
Marine Sanctuary in the Northwest Straits except in accordance with
this section.

Purpose of the Bill

The purposes of H.R. 3487 are to reauthorize the National
Marine Sanctuaries Act of 1972 through Fiscal Year (FY) 1999
and to make certain improvements to the management of the
National Marine Sanctuary Program (NMSP).

Background and Need for Legislation

The National Marine Sanctuaries Act of 1972 (NMSA)
authorizes the Secretary of Commerce to designate areas of the
marine environment with nationally significant aesthetic,
ecological, historical or recreational values as National
Marine Sanctuaries. The primary objective of this law is to
protect marine resources, such as coral reefs, sunken
historical vessels or unique habitats, while facilitating all
compatible public and private uses of those resources. In
short, marine sanctuaries are our Nation's underwater parks.
Sanctuaries are operated according to management plans,
prepared by the National Oceanic and Atmospheric Administration
(NOAA) on a site-by-site basis. NOAA administers the NMSP
through the Office of Ocean and Coastal Resource Management.
To date, 14 National Marine Sanctuaries have been
designated and are in various stages of implementation. Six of
the 14 sanctuaries have been designated since 1990. Two of
these, the Florida Keys (Florida) and Hawaiian Islands Humpback
Whale (Hawaii) Sanctuaries, are still developing their final
management plans. Two additional areas, Thunder Bay (Michigan)
and Northwest Straits (Washington), are active candidates for
designation. A table of National Marine Sanctuaries follows.

------------------------------------------------------------------------
Size (Sq. Nautical
Site name and location Miles) Designation date
------------------------------------------------------------------------
Monitor NMS, NC............... 1..................... January 1975.
Channel Islands NMS, CA....... 1,252................. September 1980.
Gray's Reef NMS, CA........... 17.................... January 1981.
Gulf of the Farallones NMS, CA 948................... January 1981.
Fagatele Bay NMS, AS.......... 0.28.................. April 1986.
Cordell Bank NMS, CA.......... 397................... May 1989.
Key Largo NMS (incorporated 100................... December 1975.
1990), FL.
Looe Key NMS (incorporated 5..................... January 1981.
1990), FL.
Florida Keys NMS, FL.......... 2,600................. November
1990.\1\
Flower Garden Banks NMS, TX... 42.................... January 1992.\1\
Monterey Bay NMS, CA.......... 4,024................. September
1992.\1\
Stellwagen Bank NMS, MA....... 638................... November
1992.\1\
Hawaiian Islands Humpback 1,300-2,100 (TBA)..... November
Whale NMS, HI. 1992.\1\
Olympic Coast NMS, WA......... 2,500................. July 1994.
Thunder Bay NMS, MI........... TBD................... TBD.
Northwest Straits NMS, WA..... TBD................... TBD.
------------------------------------------------------------------------
\1\ Statutory designation.

Congress enacted the NMSA in the midst of rising public
concern over the increased dumping of various waste materials
into our coastal waters. Amendments to the NMSA were enacted in
1980, 1984, 1988 and 1992. The 1980 amendments (Public Law 96-
332) gave Congress authority to review a sanctuary designation
before it becomes final. In the case of a sanctuary which is
located partially or wholly within the seaward boundary of any
State, the Governor of that State was given the authority to
block the inclusion of State waters in the sanctuary or the
application of any of the sanctuary terms to State waters.
The 1984 amendments (Public Law 98-498) changed the
procedures by which sanctuaries were selected and designated,
requiring the consideration of a site's educational, historical
and research values, wider consultation, environmental studies
and studies of compatible multiple use. The 1988 amendments
(Public Law 100-627) contained provisions requiring
compensation for the destruction or loss of, or injury to,
sanctuary resources. Of specific interest was the inclusion of
vessel liability provisions, which could be applied to
groundings or other actions that damage marine sanctuary
resources.
In November 1990, the Florida Keys National Marine
Sanctuary was legislatively designated by the Florida Keys
National Marine Sanctuary and Protection Act (Public Law 101-
605). This represented the first designation of a sanctuary by
Congress. Subsequently, Congress has designated the Flower
Gardens Banks, Monterey Bay, Stellwagen Bank and Hawaiian
Islands Humpback Whale National Marine Sanctuaries.
The 1992 NMSA amendments (Public Law 102-587) made subject
to regulation certain activities that occur near or adjacent to
a sanctuary that may harm or destroy protected values within
it. Furthermore, the 1992 amendments required that Federal
agencies conducting activities likely to affect sanctuary
resources consult with the Secretary of Commerce; prohibited
offshore oil and gas leasing within the Monterey Bay National
Marine Sanctuary (California); streamlined the sanctuary
designation process; designated three new sanctuaries; provided
for better coordination between NOAA, the Environmental
Protection Agency and other interested parties in protecting
and restoring water quality in the Florida Keys National Marine
Sanctuary; broadened the designation criteria; and authorized
Federal funding at $8.0 million for FY 1993; $12.5 million for
FY 1994; $15.0 million for FY 1995; and $20.0 million for FY
1996. Actual appropriations for the Program during that period
were $7.0 million for FY 1993; $9.0 million for FY 1994; $12.0
million for FY 1995; and $11.685 million for FY 1996.

Committee Action

H.R. 3487 was introduced on May 16, 1996, by Congressman
Jim Saxton (R-NJ), the Chairman of the Subcommittee on
Fisheries, Wildlife and Oceans, and Congressman Sam Farr (D-
CA). The bill was referred to the Committee on Resources and
within the Committee to the Subcommittee on Fisheries, Wildlife
and Oceans.
On March 21, 1996, the Subcommittee on Fisheries, Wildlife
and Oceans of the Resources Committee conducted an oversight
hearing on the implementation of the National Marine
Sanctuaries Act. Testimony was heard from the Honorable Peter
Deutsch (R-FL); Mr. Jeffrey Benoit, Director, Office of Ocean
and Coastal Resource Management, NOAA; Dr. Michael P.
Hirshfield, Director, Ecosystem Protection Program, Center for
Marine Conservation; Ms. Michele Wells-Usher, Secretary, the
Conch Coalition; Mr. John Sanchez, Executive Director, Monroe
County Commercial Fishermen; Mr. J. Allison DeFoor II, Florida
Keys National Marine Sanctuary Advisory Committee; Dr. Thomas
LaHue, Monterey Bay National Marine Sanctuary Advisory
Committee; and Mr. Brian Calvert, Port Commissioner, Friday
Harbor, Washington. In his statement, Mr. Benoit noted that
``sanctuaries accommodate multiple uses that encourage
recreational use and foster economic growth and success.
Protection of the marine environment also means we are
protecting local economies.''
On May 30, 1996, the Subcommittee met to mark up H.R. 3487.
At that time, Chairman Saxton offered an amendment in the
nature of a substitute, which authorized funding for the NMSP
through FY 1999, directed the Secretary of Commerce to prepare
and submit to the appropriate Congressional committees a long-
range plan for the management, recovery, and preservation of
the U.S.S. Monitor, eliminated the requirement for publishing
notices of advisory council meetings regarding any individual
national marine sanctuary in the Federal Register, and extended
the authority of the Secretary to designate sponsors for the
NMSP and to create, market and sell symbols and products to
promote the NMSP. Congressman Jack Metcalf (R-WA) offered and
withdrew an amendment to the Saxton amendment affecting the
designation of the Northwest Straits National Marine Sanctuary.
The Saxton amendment was adopted by voice vote. The bill, as
amended, was then approved by voice vote and ordered favorably
reported to the Full Committee.
On July 17, 1996, the Full Resources Committee met to
consider H.R. 3487. Congressman Jack Metcalf again offered his
amendment that would require majority approval by the six
adjacent counties in the State of Washington prior to
designation of the Northwest Straits National Marine Sanctuary.
Congressmen Saxton and Farr then offered a substitute amendment
to the Metcalf amendment. The Saxton-Farr substitute creates a
Northwest Straits Marine Resources Protection Advisory
Committee, identifies those who are eligible to serve on that
committee and requires a report from the advisory committee
recommending whether these State coastal waters should be
incorporated within a National Marine Sanctuary or within some
other designation. The Saxton-Farr substitute amendment to the
Metcalf amendment was adopted by voice vote, and the Metcalf
amendment, as amended, was adopted by voice vote.
Congressman Neil Abercrombie (D-HI) offered an amendment to
simplify the designation process for the addition of Kaho'olawe
Island to the Hawaiian Islands Humpback Whale National Marine
Sanctuary. Kaho'olawe Island is a former Naval bombing range
and was not included in the Hawaii Sanctuary due to the
potential hazards of unexploded ordnance. Under the designating
legislation for the Hawaii Sanctuary, the Secretary of commerce
is required to make an annual finding concerning the
suitability of Kaho'olawe Island in the Sanctuary. The proposed
change would eliminate this annual reporting requirement and
would authorize the Kaho'olawe Island Reserve Commission to
recommend designation to the Secretary at the appropriate time.
This amendment was adopted unanimous consent.
Congressman Solomon P. Ortiz (D-TX) offered an amendment to
add the area known as Stetson Bank to the Flower Garden Banks
National Marine Sanctuary off the coast of Texas. Stetson Bank
is a small coral-covered bank approximately 0.75 square miles
in area. Declared a ``no activity zone'' under Minerals
Management Service regulations, the exploration, development or
production of oil, natural gas, or other minerals are currently
prohibited in the area. Sanctuary designation would offer the
area additional protection. The Committee intends that the
designation of Stetson Bank as part of the Flower Garden Banks
National Marine Sanctuary should not be construed as setting a
precedent regarding the suitability of other areas in the Gulf
of Mexico or elsewhere for sanctuary status. This Amendment was
adopted by unanimous consent.
The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote in the presence
of quorum.

Section-by-Section Analysis

Section 1. Short title.

This Act may be cited as the ``National Marine Sanctuary
Preservation Act.''

Section 2. Amendment of the National Marine Sanctuaries Act

For the purposes of amendments or repeals, references in
this Act are made to the National Marine Sanctuaries Act (16
U.S.C. 1431-1445a).

Section 3. Reauthorization of the National Marine Sanctuaries Act

Section 3 authorizes $12 million for FY 1997, $15 million
for FY 1998, and $18 million for FY 1999 for the purposes of
carrying out this title.

Section 4. Management, recovery, and preservation plan for U.S.S.
Monitor

Section 4 directs the Secretary of Commerce, within 12
months after the date of enactment of this Act, to prepare and
submit to the Committee on Resources in the U.S. House of
Representatives and the Committee on Commerce, Science and
Transportation in the U.S. Senate a long-range plan for the
management, stabilization and recovery of artifacts and
materials from the U.S.S. Monitor. Since 1992, annual NOAA
research expeditions have noted that the wreck's condition has
deteriorated significantly as a result of both natural and
human causes. Both NOAA and private researchers agree that a
long-range plan is needed for managing the site and determining
what recovery and or conservation efforts should be undertaken.
The Committee intends that this study will include an updated,
detailed assessment of the state of the Monitor wreckage; a
review of all available historical, archaeological and
engineering information; a discussion of all possible
management options, including no action, in-place
stabilization, selected recovery and complete recovery; a
strategy for field stabilization and documentation, complete
field and laboratory conservation and permanent curation of
artifacts and materials; and proposals for any relevant
cooperative agreements between the NOAA, the U.S. Navy
Supervisor of Salvage, the Naval Research Center, the U.S.
Coast Guard, the Mariner's Museum in Newport News, Virginia,
and/or other contributors from the archaeological community.

Section 5. Publication of notice of certain advisory council meetings

Section 5 eliminates the requirement for publishing notices
of Sanctuary Advisory Council meetings regarding any individual
national marine sanctuary, in the Federal Register. This is an
attempt to streamline the public notification process.

Section 6. Enhancing support for national marine sanctuaries

Section 6 authorizes the Secretary to develop, market and
sell symbols and productsrelated to specific sanctuaries or the
NMSP and to designate individuals as sponsors of specific
sanctuaries or the NMSP.

Section 7. Hawaiian Islands National Marine Sanctuary

Section 7 simplifies the designation process for the
addition of Kaho'olawe Island to the Hawaiian Islands Humpback
Whale National Marine Sanctuary by eliminating the requirement
for annual certifications of the island's suitability for
inclusion; authorizing the Kaho'olawe Island Reserve Commission
to submit to the Secretary a formal request for the inclusion
of Kaho'olawe Island in the Hawaii Sanctuary; requiring the
Secretary to determine the suitability on the basis of that
submission, provide notice of that determination to the
Governor of Hawaii, and prepare a supplemental environmental
impact statement, management plan and implementing regulations
for the included area; giving the Governor of Hawaii a 45-day
period to accept or reject the terms of the inclusion; and
giving the Secretary final authority to accept or terminate the
inclusion.

Section 8. Flower Garden Banks boundary modification

Section 8 amends the boundaries of the Flower Garden Banks
National Marine Sanctuary in the Gulf of Mexico to include an
area known as Stetson Bank. A map of the area appears on the
following page. The Committee does not intend the designation
of Stetson Bank as part of the Flower Garden Banks National
Marine Sanctuary to imply that any other particular area in the
Gulf of Mexico or elsewhere is suitable for inclusion in a
national marine sanctuary.

Section 9. Northwest Straits

Section 9 creates the Northwest Straits Marine Resources
Protection Advisory Committee, made up of 11 citizens, with at
least 1 representative from each of six counties in western
Washington which border on the proposed Northwest Straits
National Marine Sanctuary; directs the advisory committee to
submit recommendations to the Secretary of Commerce declaring
whether a marine sanctuary or other form of protected area is
needed for the Northwest Straits; requires that if the
Secretary issues a draft environmental impact statement for the
Northwest Straits Sanctuary, it must include the recommendation
of the advisory committee as an alternative; and allows the
advisory committee to review and comment on all necessary
documents required for Sanctuary designation. The Committee
intends that public officials who deal with conservation or
resource management legislation and regulations meet the
requirements for occupational experience as established in
subsection (b)(2)(A). In the final stages of preparing the
Saxton-Farr amendment, language which would have also required
Congressional designation of a sanctuary in the Northwest
Straits was inadvertently omitted from Section 9. The Committee
intends to include this provision in a Committee amendment to
H.R. 3487 when the bill is considered on the House Floor.

Committee Oversight Findings and Recommendations

With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.

Inflationary Impact Statement

Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 3487 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.

Cost of the Legislation

Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3487. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.

Compliance With House Rule XI

1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3487 does not contain any new credit authority, or an increase
or decrease in tax expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3487.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3487 from the Director of the Congressional Budget Office.

Congressional Budget Office Cost Estimate

U.S. Congress,
Congressional Budget Office,
Washington, DC, July 25, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3487, the National
Marine Sanctuaries Preservation Act.
Enacting H.R. 3487 could affect both direct spending and
receipts. Therefore, pay-as-you-go procedures would apply to
the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.

congressional budget office cost estimate

1. Bill number: H.R. 3487.
2. Bill title: National Marine Sanctuaries Preservation
Act.
3. Bill status: As ordered reported by the House Committee
on Resources on July 17, 1996.
4. Bill purpose: H.R. 3487 would amend the National Marine
Sanctuaries Act, which provides authority to the Secretary of
Commerce (the Secretary) to designate certain marine
environments as sanctuaries and to manage these environments in
a way that protects marine resources while also facilitating
compatible public and private uses. Specific provisions in the
bill would:
Authorize appropriations for the national marine
sanctuaries program (NMSP) for fiscal years 1997
through 1999;
Authorize the Secretary to include or consider
including new areas in the NMSP;
Direct the Secretary to prepare a plan for preserving
and recovering artifacts and materials from the U.S.S.
Monitor; and
Authorize the Secretary to solicit and designate
sponsors for the NMSP and to create, market, and sell
symbols and products to promote the program. Fees
collected from this authority would be available for
spending without appropriation.
5. Estimated cost to the Federal Government: Assuming the
appropriation of the authorized amounts, CBO estimates that
enacting H.R. 3487 would result in new discretionary spending
totaling $45 million over the 1997-2002 period. Enacting the
bill also would affect direct spending but CBO estimates that
there would be no net impact on direct spending in any year.
The following table summarizes the budgetary effects of this
bill.

[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
Budget authority............................. 12 ....... ....... ....... ....... ....... .......
Estimated outlays............................ 7 3 1 1 ....... ....... .......
Proposed changes:
Authorization level.......................... ....... 12 15 18 ....... ....... .......
Estimated outlays............................ ....... 7 12 15 7 3 1
Spending under H.R. 3487:
Authorization level \1\...................... 12 12 15 18 ....... ....... .......
Estimated outlays............................ 7 10 13 16 7 3 1
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.

The costs of this bill fall within budget function 300.
6. Basis of estimate: For the purpose of this estimate, CBO
assumes that all amounts authorized would be appropriated for
each year and that outlays would follow historical patterns for
the NMSP. We also assume that the authorization levels
contained in the bill encompass the costs of including or
studying the inclusion of new areas within the program and of
developing a recovery plan for the U.S.S. Monitor.
CBO estimates that enacting H.R. 3487 would have no
significant impact on direct spending or revenues. The bill
would provide the Secretary with permanent authority to solicit
and designate sponsors for the NMSP, to create, market, and
sell symbols and products to promote the program, and to
collect penalties from individuals who use the NMSP symbol
without permission. CBO estimates that collections from NMSP
promotions would not exceed $500,000 a year over the 1997-2002
period and that any amounts would be spent in the year they are
collected. Based on information from the Department of
Commerce, CBO estimates that any receipts from future penalties
would be negligible. These estimates are based in part on the
results of a two-year pilot program, which expired in fiscal
year 1995, that yielded total collections of less than $1,000
from NMSP promotions and no proceeds from penalties.
7. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. Enacting H.R. 3487 would
affect direct spending, and could affect receipts. Therefore,
pay-as-you-go procedures would apply to the bill. CBO
estimates, however, that any effect on direct spending or
receipts would be negligible for each year. The estimated pay-
as-you-go impact of the bill is shown in the following table.

[By fiscal year, in millions of dollars]
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays......................... 0 0 0
Change in receipts........................ 0 0 0
------------------------------------------------------------------------

8. Estimated impact on State, local, and tribal
governments: H.R. 3487 contains no intergovernmental mandates
as defined by Public Law 104-4, and would impose no costs on
State, local, or tribal governments. According to Commerce
Department officials, about 30 percent of the funds
appropriated for the NMSP program is provided to states and
local governments through grants, contracts, cooperative
agreements, and in-kind contributions. Assuming appropriation
of authorized amounts, States and local governments would
receive about $13.5 million over fiscal years 1997 through 1999
to help manage national marine sanctuaries.
9. Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in Public Law
104-4.
10. Previous CBO estimate: None.
11. Estimate prepared by: Federal cost estimate: Gary
Brown; impact on State, local, and tribal governments: Pepper
Santalucia; impact on the private sector: Amy Downs.
12. Estimate approved by: Robert A. Sunshine (for Paul N.
Van de Water, Assistant Director for Budget Analysis).

Compliance With Public Law 104-4

H.R. 3487 contains no unfunded mandates.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):

NATIONAL MARINE SANCTUARIES ACT

* * * * * * *

[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. 313. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary to
carry out this title--
(1) $12,000,000 for fiscal year 1997;
(2) $15,000,000 for fiscal year 1998; and
(3) $18,000,000 for fiscal year 1999.
* * * * * * *

SEC. 315. ADVISORY COUNCILS.

(a) * * *
* * * * * * *
(e) Public Participation and Procedural Matters.--The
following guidelines apply with respect to the conduct of
business meetings of an Advisory Council:
(1) * * *
* * * * * * *
(3) Timely notice of each meeting, including the
time, place, and agenda of the meeting, shall be
published locally and in the Federal Register, except
that in the case of a meeting of an Advisory Council
established to provide assistance regarding any
individual national marine sanctuary the notice is not
required to be published in the Federal Register.
* * * * * * *

SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.

(a) Authority.--The Secretary may establish a program
consisting 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;r
(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 creation, marketing, and selling of products
to promote the national marine sanctuary program, and
entering into exclusive or nonexclusive agreements
authorizing entities to create, market or sell on the
Secretary's behalf;
(6) the solicitation and collection by the Secretary
of monetary or in-kind contributions from official
sponsors for the manufacture, reproduction or use of
the symbols published under paragraph (1);
(7) the retention of any monetary or in-kind
contributions collected under paragraphs (5) and (6) by
the Secretary; and
(8) the expenditure and use of any monetary and in-
kind contributions, without appropriation, by the
Secretary to designate and manage national marine
sanctuaries.
Monetary and in-kind contributions raised through the sale,
marketing, or use of symbols and products related to an
individual national marine sanctuary shall be used to support
that sanctuary.
(b) Contract Authority.--The Secretary may contract with any
person for the creation of symbols or the solicitation of
official sponsors under subsection (a).
(c) Restrictions.--The Secretary may restrict the use of the
symbols published under subsection (a), 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.
(d) Property of United States.--Any symbol which is adopted
by the Secretary and published in the Federal Register under
subsection (a) is deemed to be the property of the United
States.
(e) Prohibited Activities.-- It is unlawful for any person--
(1) 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;
(2) to represent himself or herself to be an official
sponsor absent a designation by the Secretary;
(3) to manufacture, reproduce, or use any symbol
adopted by the Secretary absent designation as an
official sponsor and without payment of a monetary or
in-kind contribution to the Secretary; and
(4) to violate any regulation promulgated by the
Secretary under this section.

SEC. [316.] 317. SHORT TITLE.

This title may be cited as ``The National Marine Sanctuaries
Act''.
----------

SECTION 2204 OF THE NATIONAL MARINE SANCTUARIES ACT

[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.]
----------

SECTION 2305 OF THE HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY ACT

SEC. 2305. DESIGNATION OF SANCTUARY.

[(A)] (a) Designation.--Subject to subsection (c), [the area
described in subsection (b) is] the area described in
subsection (b)(1) and any area included under subsection (b)(2)
are 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) * * *
* * * * * * *
[(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 (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.).]
(2)(A) Within 6 months after the date of receipt of a request
in writing from the Kahoolawe Island Reserve Commission for
inclusion within the Sanctuary of the area of the marine
environment within 3 nautical miles of the mean high tide line
of Kahoolawe Island (in this section referred to as the
``Kahoolawe Island waters''), the Secretary shall determine
whether those waters may be suitable for inclusion in the
Sanctuary.
(B) If the Secretary determines under subparagraph (A) that
the Kahoolawe Island waters may be suitable for inclusion
within the Sanctuary--
(i) the Secretary shall provide notice of that
determination to the Governor of Hawaii; and
(ii) the Secretary shall prepare a supplemental
environmental impact statement, management plan, and
implementing regulations for that inclusion in
accordance with this Act, the National Marine
Sanctuaries Act, and the National Environmental Policy
Act of 1969.
(C) Amounts may be appropriated to carry out this paragraph
under the authority provided in section 313 of the National
Marine Sanctuaries Act.
* * * * * * *
[(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.]
(c) Effect of Objection by Governor.--(1)(A) If, within 45
days after the date of issuance of the comprehensive management
plan and implementing regulations under section 2306, the
Governor of Hawaii certifies to the Secretary that the
management plan, the implementing regulations, or any term of
the plan or regulations is unacceptable, the management plan,
regulation, or term, respectively, shall not take effect in the
area of the Sanctuary lying within the seaward boundary of the
State of Hawaii.
(B) If the Secretary considers that an action under
subparagraph (A) will affect the Sanctuary in such a manner
that the policy or purposes of this title cannot be fulfilled,
the Secretary may terminate the designation under subsection
(a). At least 30 days before that termination, the Secretary
shall submit written notice of the termination to the Committee
on Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
(2)(A) If, within 45 days after the Secretary issues the
documents required under subsection (b)(2)(B)(ii), the Governor
of Hawaii certifies to the Secretary that the inclusion of the
Kahoolawe Island waters in the Sanctuary or any term of that
inclusion is unacceptable--
(i) the inclusion or the term shall not take effect;
and
(ii) subsection (b)(2) shall not apply during the 3-
year period beginning on the date of that
certification.
(B) If the Secretary considers that an action under
subparagraph (A) regarding a term of the inclusion of the
Kahoolawe Island waters will affect the inclusion or the
administration of the Kahoolawe Island waters as part of the
Sanctuary in such a manner that the policy or purposes of this
title cannot be fulfilled, the Secretary may terminate that
inclusion.
(3) Amounts may be appropriated to carry out this subsection
under the authority provided in section 313 of the National
Marine Sanctuaries Act.
* * * * * * *