[106th Congress Public Law 513]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ513.106]
[[Page 114 STAT. 2381]]
Public Law 106-513
106th Congress
An Act
To amend the National Marine Sanctuaries Act, and for other
purposes. <<NOTE: Nov. 13, 2000 - [S. 1482]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Marine
Sanctuaries Amendments Act of 2000.>>
SECTION. 1. SHORT TITLE. <<NOTE: 16 USC 1431 note.>>
This Act may be cited as the ``National Marine Sanctuaries
Amendments Act of 2000''.
SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment or repeal to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).
SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT
OF SYSTEM.
(a) Clerical Amendment.--The heading for section 301 (16 U.S.C.
1431) is amended to read as follows:
``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF
SYSTEM.''.
(b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
(1) in paragraph (2) by striking ``research, educational, or
esthetic'' and inserting ``scientific, educational, cultural,
archeological, or esthetic'';
(2) in paragraph (3) by adding ``and'' after the semicolon;
and
(3) by striking paragraphs (4), (5), and (6) and inserting
the following:
``(4) a Federal program which establishes areas of the
marine environment which have special conservation,
recreational, ecological, historical, cultural, archeological,
scientific, educational, or esthetic qualities as national
marine sanctuaries managed as the National Marine Sanctuary
System will--
``(A) improve the conservation, understanding,
management, and wise and sustainable use of marine
resources;
``(B) enhance public awareness, understanding, and
appreciation of the marine environment; and
``(C) maintain for future generations the habitat,
and ecological services, of the natural assemblage of
living resources that inhabit these areas.''.
[[Page 114 STAT. 2382]]
(c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is
amended--
(1) by striking ``significance;'' in paragraph (1) and
inserting ``significance and to manage these areas as the
National Marine Sanctuary System;'';
(2) by striking paragraphs (3), (4), and (9);
(3) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(4) by inserting after paragraph (2) the following:
``(3) to maintain the natural biological communities in the
national marine sanctuaries, and to protect, and, where
appropriate, restore and enhance natural habitats, populations,
and ecological processes;
``(4) to enhance public awareness, understanding,
appreciation, and wise and sustainable use of the marine
environment, and the natural, historical, cultural, and
archeological resources of the National Marine Sanctuary System;
``(5) to support, promote, and coordinate scientific
research on, and long-term monitoring of, the resources of these
marine areas;'';
(5) in paragraph (8), as redesignated, by striking
``areas;'' and inserting ``areas, including the application of
innovative management techniques; and''; and
(6) in paragraph (9), as redesignated, by striking ``; and''
and inserting a period.
(d) Establishment of System.--Section 301 is amended by adding at
the end the following:
``(c) Establishment of System.--There is established the National
Marine Sanctuary System, which shall consist of national marine
sanctuaries designated by the Secretary in accordance with this
title.''.
SEC. 4. CHANGES IN DEFINITIONS.
(a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is
amended--
(1) by striking ``and'' after the semicolon at the end of
subparagraph (B); and
(2) by adding after subparagraph (C) the following:
``(D) the cost of curation and conservation of
archeological, historical, and cultural sanctuary
resources; and
``(E) the cost of enforcement actions undertaken by
the Secretary in response to the destruction or loss of,
or injury to, a sanctuary resource;''.
(b) Response Costs.--Paragraph (7) of such section is amended by
inserting ``, including costs related to seizure, forfeiture, storage,
or disposal arising from liability under section 312'' after ``injury''
the second place it appears.
(c) Sanctuary Resource.--Paragraph (8) of such section is amended by
striking ``research, educational,'' and inserting ``educational,
cultural, archeological, scientific,''.
(d) System.--Such section is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following:
[[Page 114 STAT. 2383]]
``(10) `System' means the National Marine Sanctuary System
established by section 301.''.
SEC. 5. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.
(a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended
to read as follows:
``(1) determines that--
``(A) the designation will fulfill the purposes and
policies of this title;
``(B) the area is of special national significance
due to--
``(i) its conservation, recreational,
ecological, historical, scientific, cultural,
archeological, educational, or esthetic qualities;
``(ii) the communities of living marine
resources it harbors; or
``(iii) its resource or human-use values;
``(C) existing State and Federal authorities are
inadequate or should be supplemented to ensure
coordinated and comprehensive conservation and
management of the area, including resource protection,
scientific research, and public education;
``(D) designation of the area as a national marine
sanctuary will facilitate the objectives in subparagraph
(C); and
``(E) the area is of a size and nature that will
permit comprehensive and coordinated conservation and
management; and''.
(b) Factors; Repeal of Report Requirement.--Section 303(b) (16
U.S.C. 1433(b)) is amended--
(1) in paragraph (1) by striking ``and'' at the end of
subparagraph (H), by striking the period at the end of
subparagraph (I) and inserting a semicolon, and by adding at the
end the following:
``(J) the area's scientific value and value for
monitoring the resources and natural processes that
occur there;
``(K) the feasibility, where appropriate, of
employing innovative management approaches to protect
sanctuary resources or to manage compatible uses; and
``(L) the value of the area as an addition to the
System.''; and
(2) by striking paragraph (3).
SEC. 6. CHANGES IN PROCEDURES FOR SANCTUARY DESIGNATION AND
IMPLEMENTATION.
(a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as
follows:
``(C) <<NOTE: Deadline. Notification. Federal
Register, publication.>> no later than the day on which
the notice required under subparagraph (A) is submitted
to the Office of the Federal Register, the Secretary
shall submit a copy of that notice and the draft
sanctuary designation documents prepared pursuant to
section 304(a)(2), including an executive summary, to
the Committee on Resources of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Governor of
[[Page 114 STAT. 2384]]
each State in which any part of the proposed sanctuary
would be located.''.
(b) Sanctuary Designation.--Section 304(a)(2) (16 U.S.C. 1434(a)(2))
is amended to read as follows:
``(2) Sanctuary designation documents.--The Secretary shall
prepare and make available to the public sanctuary designation
documents on the proposal that include the following:
``(A) A draft environmental impact statement
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(B) A resource assessment that documents--
``(i) present and potential uses of the area,
including commercial and recreational fishing,
research and education, minerals and energy
development, subsistence uses, and other
commercial, governmental, or recreational uses;
``(ii) after consultation with the Secretary
of the Interior, any commercial, governmental, or
recreational resource uses in the areas that are
subject to the primary jurisdiction of the
Department of the Interior; and
``(iii) information prepared in consultation
with the Secretary of Defense, the Secretary of
Energy, and the Administrator of the Environmental
Protection Agency, on any past, present, or
proposed future disposal or discharge of materials
in the vicinity of the proposed sanctuary.
Public disclosure by the Secretary of such information
shall be consistent with national security regulations.
``(C) A draft management plan for the proposed
national marine sanctuary that includes the following:
``(i) The terms of the proposed designation.
``(ii) Proposed mechanisms to coordinate
existing regulatory and management authorities
within the area.
``(iii) The proposed goals and objectives,
management responsibilities, resource studies, and
appropriate strategies for managing sanctuary
resources of the proposed sanctuary, including
interpretation and education, innovative
management strategies, research, monitoring and
assessment, resource protection, restoration,
enforcement, and surveillance activities.
``(iv) An evaluation of the advantages of
cooperative State and Federal management if all or
part of the proposed sanctuary is within the
territorial limits of any State or is superjacent
to the subsoil and seabed within the seaward
boundary of a State, as that boundary is
established under the Submerged Lands Act (43
U.S.C. 1301 et seq.).
``(v) An estimate of the annual cost to the
Federal Government of the proposed designation,
including costs of personnel, equipment and
facilities, enforcement, research, and public
education.
``(vi) The proposed regulations referred to in
paragraph (1)(A).
``(D) Maps depicting the boundaries of the proposed
sanctuary.
[[Page 114 STAT. 2385]]
``(E) The basis for the findings made under section
303(a) with respect to the area.
``(F) An assessment of the considerations under
section 303(b)(1).''.
(c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C.
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary''
the second place it appears.
(d) Federal Agency Actions Affecting Sanctuary Resources.--Section
304(d) (16 U.S.C. 1434(d)) is amended by adding at the end the
following:
``(4) Failure to follow alternative.--If the head of a
Federal agency takes an action other than an alternative
recommended by the Secretary and such action results in the
destruction of, loss of, or injury to a sanctuary resource, the
head of the agency shall promptly prevent and mitigate further
damage and restore or replace the sanctuary resource in a manner
approved by the Secretary.''.
(e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
(1) by striking ``management techniques,'' and inserting
``management techniques and strategies,''; and
(2) by adding at the end the following: ``This review shall
include a prioritization of management objectives.''.
(f) Limitation on Designation of New Sanctuaries.--Section 304 (16
U.S.C. 1434) is amended by adding at the end the following:
``(f) Limitation on Designation of New Sanctuaries.--
``(1) Finding required.--The Secretary may not publish in
the Federal Register any sanctuary designation notice or
regulations proposing to designate a new sanctuary, unless the
Secretary has published a finding that--
``(A) the addition of a new sanctuary will not have
a negative impact on the System; and
``(B) sufficient resources were available in the
fiscal year in which the finding is made to--
``(i) effectively implement sanctuary
management plans for each sanctuary in the System;
and
``(ii) complete site characterization studies
and inventory known sanctuary resources, including
cultural resources, for each sanctuary in the
System within 10 years after the date that the
finding is made if the resources available for
those activities are maintained at the same level
for each fiscal year in that 10 year period.
``(2) Deadline.--If the Secretary does not submit the
findings required by paragraph (1) before February 1, 2004, the
Secretary shall submit to the Congress before October 1, 2004, a
finding with respect to whether the requirements of paragraph
(2) have been met by all existing sanctuaries.
``(3) Limitation on application.--Paragraph (1) does not
apply to any sanctuary designation documents for--
``(A) a Thunder Bay National Marine Sanctuary; or
``(B) a Northwestern Hawaiian Islands National
Marine Sanctuary.''.
(g) Northwestern Hawaiian Islands Coral Reef Reserve.--
(1) Presidential designation.--The President, after
consultation with the Governor of the State of Hawaii, may
designate any Northwestern Hawaiian Islands coral reef or coral
[[Page 114 STAT. 2386]]
reef ecosystem as a coral reef reserve to be managed by the
Secretary of Commerce.
(2) Secretarial action.--Upon the designation of a reserve
under paragraph (1) by the President, the Secretary shall--
(A) take action to initiate the designation of the
reserve as a National Marine Sanctuary under sections
303 and 304 of the National Marine Sanctuaries Act (16
U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands
Reserve Advisory Council under section 315 of that Act
(16 U.S.C. 1445a), the membership of which shall include
at least 1 representative from Native Hawaiian groups;
and
(C) until the reserve is designated as a National
Marine Sanctuary, manage the reserve in a manner
consistent with the purposes and policies of that Act.
(3) Public comment.--Notwithstanding any other provision of
law, no closure areas around the Northwestern Hawaiian Islands
shall become permanent without adequate review and comment.
(4) Coordination.--The Secretary shall work with other
Federal agencies and the Director of the National Science
Foundation, to develop a coordinated plan to make vessels and
other resources available for conservation or research
activities for the reserve.
(5) Review.--If the Secretary has not designated a national
marine sanctuary in the Northwestern Hawaiian Islands under
sections 303 and 304 of the National Marine Sanctuaries Act (16
U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall
conduct a review of the management of the reserve under section
304(e) of that Act (16 U.S.C. 1434(e)).
(6) <<NOTE: Deadline.>> Report.--No later than 6 months
after the date of enactment of this Act, the Secretary shall
submit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Resources, describing actions taken to implement this
subsection, including costs of monitoring, enforcing, and
addressing marine debris, and the extent to which the fiscal or
other resources necessary to carry out this subsection are
reflected in the Budget of the United States Government
submitted by the President under section 1104 of title 31,
United States Code.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Commerce to carry out the
provisions of this subsection such sums, not exceeding
$4,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and
2005, as are reported under paragraph (6) to be reflected in the
Budget of the United States Government.
SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.
Section 306 (16 U.S.C. 1436) is amended--
(1) in the matter preceding paragraph (1) by inserting ``for
any person'' after ``unlawful'';
(2) in paragraph (2) by inserting ``offer for sale,
purchase, import, export,'' after ``sell,''; and
(3) by amending paragraph (3) to read as follows:
``(3) interfere with the enforcement of this title by--
[[Page 114 STAT. 2387]]
``(A) refusing to permit any officer authorized to
enforce this title to board a vessel, other than a
vessel operated by the Department of Defense or United
States Coast Guard, subject to such person's control for
the purposes of conducting any search or inspection in
connection with the enforcement of this title;
``(B) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly
assaulting any person authorized by the Secretary to
implement this title or any such authorized officer in
the conduct of any search or inspection performed under
this title; or
``(C) knowingly and willfully submitting false
information to the Secretary or any officer authorized
to enforce this title in connection with any search or
inspection conducted under this title; or''.
SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.
(a) Powers of Authorized Officers To Arrest.--Section 307(b) (16
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at
the end of paragraph (4), by striking the period at the end of paragraph
(5) and inserting ``; and'', and by adding at the end the following:
``(6) arrest any person, if there is reasonable cause to
believe that such person has committed an act prohibited by
section 306(3).''.
(b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by
redesignating subsections (c) through (j) in order as subsections (d)
through (k), and by inserting after subsection (b) the following:
``(c) Criminal Offenses.--
``(1) Offenses.--A person is guilty of an offense under this
subsection if the person commits any act prohibited by section
306(3).
``(2) Punishment.--Any person that is guilty of an offense
under this subsection--
``(A) except as provided in subparagraph (B), shall
be fined under title 18, United States Code, imprisoned
for not more than 6 months, or both; or
``(B) in the case of a person who in the commission
of such an offense uses a dangerous weapon, engages in
conduct that causes bodily injury to any person
authorized to enforce this title or any person
authorized to implement the provisions of this title, or
places any such person in fear of imminent bodily
injury, shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.''.
(c) Subpoenas of Electronic Files.--Subsection (g) of section 307
(16 U.S.C. 1437), as redesignated by this section, is amended by
inserting ``electronic files,'' after ``books,''.
(d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is
amended by adding at the end the following:
``(l) Nationwide Service of Process.--In any action by the United
States under this title, process may be served in any district where the
defendant is found, resides, transacts business, or has appointed an
agent for the service of process.''.
SEC. 9. ADDITIONAL REGULATIONS AUTHORITY.
Section 308 (16 U.S.C. 1439) is amended to read as follows:
[[Page 114 STAT. 2388]]
``SEC. 308. REGULATIONS.
``The Secretary may issue such regulations as may be necessary to
carry out this title.''.
SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDUCATION
PROVISIONS.
Section 309 (16 U.S.C. 1440) is amended to read as follows:
``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
``(a) In General.--The Secretary shall conduct, support, or
coordinate research, monitoring, evaluation, and education programs
consistent with subsections (b) and (c) and the purposes and policies of
this title.
``(b) Research and Monitoring.--
``(1) In general.--The Secretary may--
``(A) support, promote, and coordinate research on,
and long-term monitoring of, sanctuary resources and
natural processes that occur in national marine
sanctuaries, including exploration, mapping, and
environmental and socioeconomic assessment;
``(B) develop and test methods to enhance degraded
habitats or restore damaged, injured, or lost sanctuary
resources; and
``(C) support, promote, and coordinate research on,
and the conservation, curation, and public display of,
the cultural, archeological, and historical resources of
national marine sanctuaries.
``(2) Availability of results.--The results of research and
monitoring conducted, supported, or permitted by the Secretary
under this subsection shall be made available to the public.
``(c) Education.--
``(1) In general.--The Secretary may support, promote, and
coordinate efforts to enhance public awareness, understanding,
and appreciation of national marine sanctuaries and the System.
Efforts supported, promoted, or coordinated under this
subsection must emphasize the conservation goals and sustainable
public uses of national marine sanctuaries and the System.
``(2) Educational activities.--Activities under this
subsection may include education of the general public,
teachers, students, national marine sanctuary users, and ocean
and coastal resource managers.
``(d) Interpretive Facilities.--
``(1) In general.--The Secretary may develop interpretive
facilities near any national marine sanctuary.
``(2) <<NOTE: Public information.>> Facility requirement.--
Any facility developed under this subsection must emphasize the
conservation goals and sustainable public uses of national
marine sanctuaries by providing the public with information
about the conservation, recreational, ecological, historical,
cultural, archeological, scientific, educational, or esthetic
qualities of the national marine sanctuary.
``(e) Consultation and Coordination.--In conducting, supporting, and
coordinating research, monitoring, evaluation, and education programs
under subsection (a) and developing interpretive
[[Page 114 STAT. 2389]]
facilities under subsection (d), the Secretary may consult or coordinate
with Federal, interstate, or regional agencies, States or local
governments.''.
SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.
Section 310 (16 U.S.C. 1441) is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), and by inserting after subsection
(a) the following:
``(b) Public Notice Required.--The Secretary shall provide
appropriate public notice before identifying any category of activity
subject to a special use permit under subsection (a).'';
(2) by striking ``insurance'' in paragraph (4) of subsection
(c), as redesignated, and inserting ``insurance, or post an
equivalent bond,'';
(3) by striking ``resource and a reasonable return to the
United States Government.'' in paragraph (2)(C) of subsection
(d), as redesignated, and inserting ``resource.'';
(4) in subsection (d)(3)(B), as redesignated, by striking
``designating and''; and
(5) in subsection (d), as redesignated, by inserting after
paragraph (3) the following:
``(4) Waiver or reduction of fees.--The Secretary may accept
in-kind contributions in lieu of a fee under paragraph (2)(C),
or waive or reduce any fee assessed under this subsection for
any activity that does not derive profit from the access to or
use of sanctuary resources.''.
SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.
(a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is
amended to read as follows:
``(a) Agreements and Grants.--The Secretary may enter into
cooperative agreements, contracts, or other agreements with, or make
grants to, States, local governments, regional agencies, interstate
agencies, or other persons to carry out the purposes and policies of
this title.''.
(b) Use of Resources From Other Government Agencies.--Section 311
(16 U.S.C. 1442) is amended by adding at the end the following:
``(e) Use of Resources of Other Government Agencies.--The Secretary
may, whenever appropriate, enter into an agreement with a State or other
Federal agency to use the personnel, services, or facilities of such
agency on a reimbursable or nonreimbursable basis, to assist in carrying
out the purposes and policies of this title.
``(f) Authority To Obtain Grants.--Notwithstanding any other
provision of law that prohibits a Federal agency from receiving
assistance, the Secretary may apply for, accept, and use grants from
other Federal agencies, States, local governments, regional agencies,
interstate agencies, foundations, or other persons, to carry out the
purposes and policies of this title.''.
SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR
INJURY.
(a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is
amended--
(1) by inserting ``(1)'' before the first sentence;
[[Page 114 STAT. 2390]]
(2) in paragraph (1) (as so designated) in the first
sentence by striking ``in the United States district court for
the appropriate district''; and
(3) by adding at the end the following:
``(2) An action under this subsection may be brought in the United
States district court for any district in which--
``(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(B) the vessel is located, in the case of an action
against a vessel; or
``(C) the destruction of, loss of, or injury to a sanctuary
resource occurred.''.
(b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) Response costs.--Amounts recovered by the United
States for costs of response actions and damage assessments
under this section shall be used, as the Secretary considers
appropriate--
``(A) to reimburse the Secretary or any other
Federal or State agency that conducted those activities;
and
``(B) after reimbursement of such costs, to restore,
replace, or acquire the equivalent of any sanctuary
resource.
``(2) Other amounts.--All other amounts recovered shall be
used, in order of priority--
``(A) to restore, replace, or acquire the equivalent
of the sanctuary resources that were the subject of the
action, including for costs of monitoring and the costs
of curation and conservation of archeological,
historical, and cultural sanctuary resources;
``(B) to restore degraded sanctuary resources of the
national marine sanctuary that was the subject of the
action, giving priority to sanctuary resources and
habitats that are comparable to the sanctuary resources
that were the subject of the action; and
``(C) to restore degraded sanctuary resources of
other national marine sanctuaries.''.
(c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is amended
by adding at the end the following:
``(e) Statute of Limitations.--An action for response costs or
damages under subsection (c) shall be barred unless the complaint is
filed within 3 years after the date on which the Secretary completes a
damage assessment and restoration plan for the sanctuary resources to
which the action relates.''.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
Section 313 (16 U.S.C. 1444) is amended to read as follows:
``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) to carry out this title--
``(A) $32,000,000 for fiscal year 2001;
``(B) $34,000,000 for fiscal year 2002;
``(C) $36,000,000 for fiscal year 2003;
``(D) $38,000,000 for fiscal year 2004;
``(E) $40,000,000 for fiscal year 2005; and
[[Page 114 STAT. 2391]]
``(2) for construction projects at national marine
sanctuaries, $6,000,000 for each of fiscal years 2001, 2002,
2003, 2004, and 2005.''.
SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS.
Section 314 (16 U.S.C. 1445) is amended by striking subsection (b)
and redesignating subsection (c) as subsection (b).
SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.
Section 315 (16 U.S.C. 1445a) is amended by striking ``provide
assistance'' in subsection (a) and inserting ``advise and make
recommendations''.
SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.
Section 316 (16 U.S.C. 1445b) is amended--
(1) in subsection (a)(1), by inserting ``or the System''
after ``sanctuaries'';
(2) in subsection (a)(4) by striking ``use of any symbol
published under paragraph (1)'' and inserting ``manufacture,
reproduction, or other use of any symbol published under
paragraph (1), including the sale of items bearing such a
symbol,'';
(3) by amending subsection (e)(3) to read as follows:
``(3) to manufacture, reproduce, or otherwise use any symbol
adopted by the Secretary under subsection (a)(1), including to
sell any item bearing such a symbol, unless authorized by the
Secretary under subsection (a)(4) or subsection (f); or''; and
(4) by adding at the end the following:
``(f) Collaborations.--The Secretary may authorize the use of a
symbol adopted by the Secretary under subsection (a)(1) by any person
engaged in a collaborative effort with the Secretary to carry out the
purposes and policies of this title and to benefit a national marine
sanctuary or the System.
``(g) Authorization for Non-Profit Partner Organization To Solicit
Sponsors.--
``(1) In general.--The Secretary may enter into an agreement
with a non-profit partner organization authorizing it to assist
in the administration of the sponsorship program established
under this section. Under an agreement entered into under this
paragraph, the Secretary may authorize the non-profit partner
organization to solicit persons to be official sponsors of the
national marine sanctuary system or of individual national
marine sanctuaries, upon such terms as the Secretary deems
reasonable and will contribute to the successful administration
of the sanctuary system. The Secretary may also authorize the
non-profit partner organization to collect the statutory
contribution from the sponsor, and, subject to paragraph (2),
transfer the contribution to the Secretary.
``(2) Reimbursement for administrative costs.--Under the
agreement entered into under paragraph (1), the Secretary may
authorize the non-profit partner organization to retain not more
than 5 percent of the amount of monetary contributions it
receives from official sponsors under the agreement to offset
the administrative costs of the organization in soliciting
sponsors.
``(3) Partner organization defined.--In this subsection, the
term `partner organization' means an organization that--
[[Page 114 STAT. 2392]]
``(A) draws its membership from individuals, private
organizations, corporations, academic institutions, or
State and local governments; and
``(B) is established to promote the understanding
of, education relating to, and the conservation of the
resources of a particular sanctuary or 2 or more related
sanctuaries.''.
SEC. 18. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM.
The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is
amended by inserting after section 317 the following:
``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM. <<NOTE: 16 USC
1445c.>>
``(a) Establishment.--The Secretary shall establish and administer
through the National Ocean Service the Dr. Nancy Foster Scholarship
Program. Under the program, the Secretary shall award graduate education
scholarships in oceanography, marine biology or maritime archeology, to
be known as Dr. Nancy Foster Scholarships.
``(b) Purposes.--The purposes of the Dr. Nancy Foster Scholarship
Program are--
``(1) to recognize outstanding scholarship in oceanography,
marine biology, or maritime archeology, particularly by women
and members of minority groups; and
``(2) to encourage independent graduate level research in
oceanography, marine biology, or maritime archeology.
``(c) Award.--Each Dr. Nancy Foster Scholarship--
``(1) shall be used to support graduate studies in
oceanography, marine biology, or maritime archeology at a
graduate level institution of higher education; and
``(2) shall be awarded in accordance with guidelines issued
by the Secretary.
``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster
Scholarship shall be provided directly to a recipient selected by the
Secretary upon receipt of certification that the recipient will adhere
to a specific and detailed plan of study and research approved by a
graduate level institution of higher education.
``(e) Funding.--Of the amount available each fiscal year to carry
out this title, the Secretary shall award 1 percent as Dr. Nancy Foster
Scholarships.
``(f) Scholarship Repayment Requirement.--The Secretary shall
require an individual receiving a scholarship under this section to
repay the full amount of the scholarship to the Secretary if the
Secretary determines that the individual, in obtaining or using the
scholarship, engaged in fraudulent conduct or failed to comply with any
term or condition of the scholarship.
``(g) Maritime Archeology Defined.--In this section the term
`maritime archeology' includes the curation, preservation, and display
of maritime artifacts.''.
SEC. 19. CLERICAL AMENDMENTS.
(a) Correction of References to Former Committee.--The following
provisions are amended by striking ``Merchant Marine and Fisheries'' and
inserting ``Resources'':
(1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).
(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
(b) Correction of Reference to Renamed Act.--(1) Section 302(2)
is <<NOTE: 16 USC 1432.>> amended to read as follows:
[[Page 114 STAT. 2393]]
``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.);''.
(2) Section 302(9) <<NOTE: 16 USC 1432.>> is amended by striking
``Magnuson Fishery Conservation and Management Act'' and inserting
``Magnuson-Stevens Act''.
(3) Section 303(b)(2)(D) <<NOTE: 16 USC 1433.>> is amended by
striking ``Magnuson Act'' and inserting ``Magnuson-Stevens Act''.
(4) Section 304(a)(5) <<NOTE: 16 USC 1434.>> is amended by striking
``Magnuson Act'' and inserting ``Magnuson-Stevens Act''.
(5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by striking
``Magnuson Fishery Conservation and Management Act'' and inserting
``Magnuson-Stevens Act''.
(c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is
amended by striking ``United States'' and inserting ``united states''.
Approved November 13, 2000.
LEGISLATIVE HISTORY--S. 1482 (H.R. 1243):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-224 accompanying H.R. 1243 (Comm. on Resources).
SENATE REPORTS: No. 106-353 (Comm. on Commerce, Science, and
Transportation.)
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 17, considered and passed Senate.
Oct. 24, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Nov. 13, Presidential statements.
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