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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.
          * * * * * * *