Summary: S.1482 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/17/2000)

National Marine Sanctuaries Amendments Act of 2000 - Amends the National Marine Sanctuaries Act to modify the Act's findings, purposes, and policies.

(Sec. 3) Establishes the National Marine Sanctuary System.

(Sec. 4) Includes in the definitions of: (1) "damages" the cost of curation and conservation of archaeological, historical, and cultural sanctuary resources and the cost of enforcement actions undertaken by the Secretary of Commerce (Secretary) for injury to a sanctuary resource; (2) "response costs" the costs related to the seizure, forfeiture, storage, or disposal arising from injury to a sanctuary resource; and (3) "sanctuary resource" cultural and archaeological resources.

(Sec. 5) Modifies sanctuary designation standards and procedures.

(Sec. 6) Requires a Federal agency that takes an action other than an alternative recommended by the Secretary, if the action results in damage or injury to a sanctuary resource, to prevent further damage and restore or replace the resource in a manner approved by the Secretary. Prohibits the Secretary from publishing any new sanctuary designation unless the Secretary has published a finding that: (1) such addition will not have a negative impact on the System; and (2) sufficient resources are available to implement sanctuary management plans, complete site characterization studies, and inventory known sanctuary resources.

Authorizes the President to designate any Northwestern Hawaiian Islands coral reef or coral reef ecosystem as a coral reef reserve, to be managed by the Secretary. Requires the Secretary to take certain action following such a designation, including establishing a Northwestern Hawaiian Islands Reserve Advisory Council. Prohibits the permanent closure of any areas around such Islands without adequate public review and comment. Requires an implementation report from the Secretary to specified congressional committees. Authorizes appropriations.

(Sec. 7) Modifies the list of prohibited activities under the Act.

(Sec. 8) Empowers enforcement officers to arrest a person for enforcement interference. Makes enforcement interference a criminal offense. Allows subpoenaing of electronic files.

(Sec. 10) Requires the Secretary to conduct, support, and coordinate (currently, to conduct) research, monitoring, and education programs (currently, research, monitoring, evaluation, and education programs). Authorizes the Secretary to promote certain research and to develop interpretive facilities near any national marine sanctuary.

(Sec. 11) Requires the Secretary to provide appropriate public notice before identifying any category of activity subject to a special use permit within a national marine sanctuary. Allows special use permittees to post bonds rather than secure general liability insurance. Requires permit fees to represent the fair market value of the sanctuary resource use (currently, the value of such use and a reasonable return to the U.S. Government). Allows in-kind contributions in lieu of a fee or the waiver or reduction of such fee for nonprofit activities.

(Sec. 12) Authorizes: (1) the use of other governmental agencies' resources on a reimbursable or non-reimbursable basis; and (2) the Secretary to accept grants from Federal, State, and local governments, interstate agencies, foundations, and other persons to carry out this title.

(Sec. 13) Modifies venue requirements regarding civil actions by the Attorney General to recover response costs and damages for injury to sanctuary resources. Revises requirements regarding the use of recovered amounts. Imposes a three-year statute of limitations for recovery actions.

(Sec. 14) Authorizes appropriations to carry out the Act and for construction projects at sanctuaries.

(Sec. 15) Repeals a provision requiring the Secretary to submit a plan for a suitable display in coastal North Carolina of artifacts and materials of the U.S.S. MONITOR.

(Sec. 17) Modifies requirements regarding the use of sanctuary program symbols.

Authorizes the Secretary to enter into an agreement with a nonprofit organization to solicit persons to be official sponsors of the System or of an individual sanctuary.

(Sec. 18) Directs the Secretary to establish and administer through the National Ocean Service the Dr. Nancy Foster National Scholarship Program for the award of graduate education scholarships in oceanography, marine biology, or marine archaeology. Provides funding. Requires repayment of the full scholarship amount if an individual engages in fraudulent conduct or fails to comply with any scholarship term or condition.