Summary: H.R.4310 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (08/03/1992)

Title I: Reauthorization and Amendment of Title III of Marine Protection, Research, and Sanctuaries Act of 1972 - National Marine Sanctuaries Reauthorization and Improvement Act of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to modify: (1) various definitions; (2) the factors to be considered, and the procedures to be used, in designating sanctuaries; (3) provisions relating to certain access and use rights; and (4) reporting requirements.

Mandates cooperation with foreign countries and international organizations.

Prohibits injury, possession, transportation and related acts regarding any marine sanctuary resource. Provides for enforcement and for the use of amounts collected relating to enforcement. Declares that the area of application and enforceability of the Act includes the U.S. territorial sea which is subject to U.S. sovereignty and the U.S. Exclusive Economic Zone.

Adds references to monitoring and education to provisions mandating the promotion and coordination of research.

Replaces provisions authorizing cooperative agreements and acceptance of donations with provisions authorizing: (1) cooperative and financial agreements, including contracts and grants; (2) the acceptance of donations; and (3) the acquisition of property.

Makes any person who destroys or injures any sanctuary resource liable to the United States for the response costs, damages, and interest on those costs and damages (currently, for the response costs and damages). Provides for liability in rem. Allows the Secretary to authorize as well as to undertake response actions.

Authorizes appropriations to carry out the Act.

Authorizes establishment of advisory councils to advise the Secretary of Commerce on the management of one or more sanctuaries.

Changes the short title of the Act to "The National Marine Sanctuaries Act."

Mandates a grant for the acquisition of space in Hatteras Village, North Carolina for: (1) the display and interpretation of artifacts recovered from the Atlantic Ocean area adjacent to North Carolina generally known as the Graveyard of the Atlantic; and (2) administration and operations of the Monitor National Marine Sanctuary. Authorizes appropriations.

Title II: Hawaiian Islands Humpback Whale National Marine Sanctuary - Hawaiian Islands Humpback Whale National Marine Sanctuary Act - Designates an area off the coast of the Hawaiian Islands as the Hawaiian Islands Humpback Whale National Marine Sanctuary. Provides for the development of a comprehensive management plan. Prevents the designation, the management plan, or implementing regulations from going into effect if the Governor of the State of Hawaii finds them unacceptable. Authorizes appropriations.

Title III: Miscellaneous - Designates a specified area off the State of Massachusetts as the Stellwagen Bank National Marine Sanctuary and mandates an associated management plan. Prohibits exploration for, and mining of, sand, gravel, and other minerals in the sanctuary. Authorizes appropriations.

Provides for the designation of a specified area in California as the Monterey Bay National Marine Sanctuary, subject to certain conditions, and mandates a management plan. Prohibits leasing, exploration, development, or production of minerals or hydrocarbons in the sanctuary.

Mandates a study of whether a specified marine environment off the State of California known as Estero Bay is appropriate for designation as a national marine sanctuary.

Mandates a two-year pilot project to enhance funding for designation and management of National Marine sanctuaries, including the solicitation and designation of persons as official sponsors of the sanctuary program or individual sanctuaries, with associated fees retained in a revolving fund for expenditure without appropriation for designation and management of national marine sanctuaries. Authorizes expenditure of sums appropriated under specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972.

Defines "Fund," for the Coastal Zone Management Act of 1972, to mean the Coastal Zone Management Fund (currently, the Coastal Energy Impact Fund). Modifies requirements regarding waiver of fees for certain appeals and requires fees collected to be deposited in the Coastal Zone Management Fund. Requires that a mandated program to promote excellence in coastal zone management (and associated Walter B. Jones Awards) be carried out using sums in the Coastal Zone Management Fund and certain other amounts available to carry out the Act (currently, using sums in the Fund).

Authorizes appropriations for the water quality protection program for the Florida Keys National Sanctuary developed under specified provisions of the Florida Keys National Marine Sanctuary and Protection Act.

Amends the Florida Keys National Marine Sanctuary and Protection Act to modify the contents of the Act's comprehensive management plan.

Prohibits oil or gas leasing or preleasing activity in the Olympic Coast National Marine Sanctuary in accordance with specified provisions of Federal law.