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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-557
GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES
BOUNDARY MODIFICATION AND PROTECTION ACT
March 31, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Rahall, from the Committee on Natural Resources, submitted the
R E P O R T
[To accompany H.R. 1187]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1187) to expand the boundaries of the Gulf of the
Farallones National Marine Sanctuary and the Cordell Bank
National Marine Sanctuary, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of the Farallones and Cordell
Bank National Marine Sanctuaries Boundary Modification and Protection
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Gulf of the Farallones extends approximately 100
miles along the coast of Marin and Sonoma counties of northern
California. It includes approximately one-half of California's
nesting seabirds, rich benthic marine life on hard-rock
substrate, prolific fisheries, and substantial concentrations
of resident and seasonally migratory marine mammals.
(2) Cordell Bank is adjacent to the Gulf of the Farallones
and is a submerged island with spectacular, unique, and
nationally significant marine environments.
(3) These marine environments have national and international
significance, exceed the biological productivity of tropical
rain forests, and support high levels of biological diversity.
(4) These biological communities are easily susceptible to
damage from human activities, and must be properly conserved
for themselves and to protect the economic viability of their
contribution to national and regional economies.
(5) The Gulf of Farallones and Cordell Bank include some of
the Nation's richest fishing grounds, supporting important
commercial and recreational fisheries. These fisheries are
regulated by State and Federal fishery agencies and are
supported and fostered through protection of the waters and
habitats of Gulf of the Farallones National Marine Sanctuary
and Cordell Bank National Marine Sanctuary.
(6) The report of the Commission on Ocean Policy established
by Public Law 106-256 calls for comprehensive protection for
the most productive ocean environments and recommends that they
be managed as ecosystems.
(7) New scientific discoveries by the National Marine
Sanctuary Program support comprehensive protection for these
marine environments by broadening the geographic scope of the
existing Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary.
(8) Cordell Bank is at the nexus of an ocean upwelling
system, which produces the highest biomass concentrations on
the west coast of the United States.
SEC. 3. POLICY AND PURPOSE.
(a) Policy.--It is the policy of the United States in this Act to
protect and preserve living and other resources of the Gulf of the
Farallones and Cordell Bank marine environments.
(b) Purpose.--The purposes of this Act are the following:
(1) To extend the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National Marine
Sanctuary to the areas described in section 5.
(2) To strengthen the protections that apply in the
(3) To educate and interpret for the public the ecological
value and national importance of those marine environments.
(4) To manage human uses of the Sanctuaries under this Act
and the National Marine Sanctuaries Act (16 U.S.C. 1431 et
(c) Effect on Fishing Activities.--Nothing in this Act is intended to
alter any existing authorities regarding the conduct and location of
fishing activities in the Sanctuaries.
SEC. 4. DEFINITIONS.
In this Act:
(1) Mariculture.--The term ``mariculture'' means the
propagation or rearing of aquatic organisms in controlled or
selected aquatic environments for any commercial, recreational,
or public purpose.
(2) Cordell bank nms.--The term ``Cordell Bank NMS'' means
the Cordell Bank National Marine Sanctuary.
(3) Farallones nms.--The term ``Farallones NMS'' means the
Gulf of the Farallones National Marine Sanctuary.
(4) Sanctuaries.--The term ``Sanctuaries'' means the Gulf of
the Farallones National Marine Sanctuary and the Cordell Bank
National Marine Sanctuary, as expanded by section 5.
(5) Secretary.--The term ``Secretary'' means the Secretary of
SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.
(a) Gulf of the Farallones.--
(1) Boundary adjustment.--The areas described in paragraph
(2) are added to the existing Gulf of the Farallones National
Marine Sanctuary described in part 922.80 of title 15, Code of
(2) Areas included.--
(A) In general.--The areas referred to in paragraph
(1) consist of the following:
(i) All submerged lands and waters, including
living marine and other resources within and on
those lands and waters, from the mean high
water line to the boundary described in
(ii) The submerged lands and waters,
including living marine and other resources
within those waters, within the approximately
two-square-nautical-mile portion of the Cordell
Bank NMS (as in effect immediately before the
enactment of this Act) that is located south of
the area that is added to Cordell Bank NMS by
subsection (b)(2), which are transferred to the
Farallones NMS from the Cordell Bank NMS.
(B) Boundary described.--The boundary referred to in
subparagraph (A)(i) commences from the mean high water
line (MHWL) at 39.00000 degrees north in a westward
direction approximately 29 nautical miles (nm) to
39.00000 north, 124.33333 west. The boundary then
extends in a southeasterly direction to 38.30000
degrees north, 124.00000 degrees west, approximately 44
nm westward of Bodega Head. The boundary then extends
eastward to the most northeastern corner of the
expanded Cordell Bank NMS at 38.30000 north, 123.20000
degrees west, approximately 6 nm miles westward of
Bodega Head. The boundary then extends in a
southeasterly direction to 38.26500 degrees north,
123.18166 degrees west at the northwestern most point
of the current Gulf of the Farallones Boundary. The
boundary then follows the current northern Gulf of the
Farallones NMS boundary in a northeasterly direction to
the MHWL near Bodega Head. The boundary then follows
the MHWL in a northeasterly direction to the
commencement point at the intersection of the MHWL and
39.00000 north. Coordinates listed in this subparagraph
are based on the North American Datum 1983 and the
(b) Cordell Bank.--
(1) Boundary adjustment.--The area described in paragraph (2)
is added to the existing Cordell Bank National Marine Sanctuary
described in part 922.80 of title 15, Code of Federal
(2) Area included.--
(A) In general.--The area referred to in paragraph
(1) consists of all submerged lands and waters,
including living marine and other resources within
those waters, within the boundary described in
(B) Boundary.--The boundary referred to in
subparagraph (A) commences at the most northeastern
point of the current Cordell Bank NMS boundary at
38.26500 degrees north, 123.18166 degrees west and
extends northwestward to 38.30000 degrees north,
123.20000 degrees west, approximately 6 nautical miles
(nm) west of Bodega Head. The boundary then extends
westward to 38.30000 degrees north, 124.00000 degrees
west, approximately 44 nautical miles west of Bodega
Head. The boundary then turns southeastward and
continues approximately 34 nautical miles to 37.76687
degrees north, 123.75142 degrees west, and then
approximately 15 nm eastward to 37.76687 north,
123.42694 west at an intersection with the current
Cordell Bank NMS boundary. The boundary then follows
the current Cordell Bank NMS, which is coterminous with
the current Gulf of the Farallones boundary, in a
northeasterly and the northwesterly direction to its
commencement point at 38.26500 degrees north, 123.18166
degrees west. Coordinates listed in this subparagraph
are based on NAD83 Datum and the geographic projection.
(c) Inclusion in the System.--The areas included in the Sanctuaries
under subsections (a) and (b) shall be managed as part of the National
Marine Sanctuary System, established by section 301(c) of the National
Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that
(d) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration nautical charts for the areas in which the
Sanctuaries are located; and
(2) include on those nautical charts the boundaries of the
Sanctuaries, as revised by this Act.
(e) Boundary Adjustments.--In producing revised nautical charts as
directed by subsection (d) and in describing the boundaries in
regulations issued by the Secretary, the Secretary may make technical
modifications to the boundaries described in this section for clarity
and ease of identification, as appropriate.
SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING.
No lease or permit may be issued that authorizes exploration,
development, production, or transporting by pipeline of minerals or
hydrocarbons within the Sanctuaries.
SEC. 7. MANAGEMENT PLANS AND REGULATIONS.
(a) Interim Plan.--The Secretary shall complete an interim
supplemental management plan for the Sanctuaries by not later than 24
months after the date of enactment of this Act, that focuses on
management in the areas added to the Sanctuaries under this Act. The
Secretary shall ensure that the supplemental plan does not weaken
existing resource protections.
(b) Revised Plans.--The Secretary shall issue a revised comprehensive
management plan for the Sanctuaries during the first management review
initiated after the date of the enactment of this Act under section
304(e) of the National Marine Sanctuaries Act (16 U.S.C. 1434(e)) for
the Sanctuaries, and issue such final regulations as may be necessary.
(c) Application of Existing Regulations.--The regulations for the
Gulf of the Farallones National Marine Sanctuary (15 C.F.R. 922,
subpart H) and the Cordell Bank National Marine Sanctuary (15 C.F.R.
922, subpart K), including any changes made as a result of a joint
management plan review for the Sanctuaries conducted pursuant to
section 304(e) of the National Marine Sanctuaries Act (16 U.S.C.
1434(e)), shall apply to the areas added to each Sanctuary,
respectively, under section 5 until the Secretary modifies such
regulations in accordance with subsection (d) of this section.
(d) Revised Regulations.--
(1) In general.--The Secretary shall carry out an assessment
of necessary revisions to the regulations for the Sanctuaries
in a manner that ensures the protection of the resources of the
Sanctuaries consistent with the purposes and policies of the
National Marine Sanctuaries Act and the goals and objectives
for the new areas added to each sanctuary under section 5 of
this Act. The assessment and any corresponding regulatory
changes shall be complete within 24 months of the date of
enactment of this Act.
(2) Regulation of specific activities.--In revising the
regulations for the Sanctuaries pursuant to this subsection,
the Secretary shall consider appropriate regulations for the
(A) The deposit or release of introduced species.
(B) The alteration of stream and river drainage into
(C) Mariculture operations in the Sanctuaries.
(3) Considerations.--In revising the regulations for the
Sanctuaries pursuant to this subsection, the Secretary shall
consider exempting from further regulation under the National
Marine Sanctuaries Act and this Act discharges that are
permitted under a National Pollution Discharge Elimination
System permit in effect on the date of enactment of this Act,
or under a new or renewed National Pollution Discharge
Elimination System permit that does not increase pollution in
the Sanctuaries and that originates--
(A) in the Russian River Watershed outside the
boundaries of the Gulf of the Farallones National
Marine Sanctuary; or
(B) from the Bodega Marine Laboratory.
(e) Contents of Plans.--Revisions to each comprehensive management
plan under this section shall, in addition to matters required under
section 304(a)(2) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1434(A)(2))--
(1) facilitate all appropriate public and private uses of the
national marine sanctuary to which each respective plan applies
consistent with the primary objective of sanctuary resource
(2) establish temporal and geographical zoning if necessary
to ensure protection of sanctuary resources;
(3) identify priority needs for research that will--
(A) improve management of the Sanctuaries;
(B) diminish threats to the health of the ecosystems
in the Sanctuaries; or
(C) fulfill both of subparagraphs (A) and (B);
(4) establish a long-term ecological monitoring program and
database, including the development and implementation of a
resource information system to disseminate information on the
Sanctuaries' ecosystem, history, culture, and management;
(5) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 313 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1444);
(6) ensure coordination and cooperation between sanctuary
superintendents and other Federal, State, and local authorities
with jurisdiction over areas within or adjacent to the
Sanctuaries to deal with issues affecting the Sanctuaries,
including surface water run-off, stream and river drainages,
(7) in the case of revisions to the plan for the Farallones
NMS, promote cooperation with farmers and ranchers operating in
the watersheds adjacent to the Farallones NMS and establish
voluntary best management practices programs;
(8) promote cooperative and educational programs with fishing
vessel operators and crews operating in the waters of the
Sanctuaries, and, whenever possible, include individuals who
engage in fishing and their vessels in cooperative research,
assessment, and monitoring programs and educational programs to
promote sustainable fisheries, conservation of resources, and
navigational safety; and
(9) promote education and public awareness, among users of
the Sanctuaries, about the need for marine resource
conservation and safe navigation and marine transportation.
(f) Public Participation.--The Secretary shall provide for
participation by the general public in the revision of the
comprehensive management plans and relevant regulations under this
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) $3,000,000 to carry out this Act for each of fiscal years
2009 through 2013, other than for construction and acquisition
(2) $3,500,000 for fiscal year 2009 and such sums as may be
necessary for each of fiscal years 2010 through 2013 for
construction and acquisition projects related to the
Amend the title so as to read:
A bill to expand the boundaries of the Gulf of the
Farallones National Marine Sanctuary and the Cordell Bank
National Marine Sanctuary, and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 1187 is to expand the boundaries of the
Gulf of the Farallones National Marine Sanctuary and the
Cordell Bank National Marine Sanctuary, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The National Marine Sanctuary System was authorized as
Title III of the National Marine, Protection, Research and
Sanctuaries Act of 1972.\1\ This law required the Secretary of
Commerce, through the National Oceanic and Atmospheric
Administration, to identify, designate, and manage marine sites
based on conservational, ecological, recreational, historical,
aesthetic, scientific, or educational value within significant
national ocean and Great Lake waters. The first sanctuary was
designated in 1975 off the Outer Banks of North Carolina to
protect the wreck of the U.S.S. Monitor, a famous Civil War
ironclad battleship. Since then, 12 other marine sanctuaries
and one national marine monument have been added to the
System.\2\ In general, most sanctuaries prohibit extractive
commercial activities, with the exception of commercial and
recreational fishing.\3\ The average annual operating budget
for the Sanctuary System over the past three fiscal years is
\1\Public Law 92-532 (16 U.S.C. 1431 et seq.).
\2\In order of subsequent designation, the other marine sanctuaries
are Key Largo, Channel Islands, Looe Key (both Key Largo and Looe Key
were incorporated into the much larger Florida Keys Sanctuary in 1990),
Gulf of the Farallones, Grays Reef, Fagatale Bay, Cordell Bank, Flower
Garden Banks, Monterey Bay, Stellwagen Bank, Hawaiian Island Humpback
Whale, Olympic Coast and Thunder Bay. The Papahanaumokuakea Marine
National Monument, designated by presidential proclamation in 2006,
protects the marine resources of the Northwest Hawaiian Islands.
\3\Section 304(a)(5) of the Sanctuaries Act allows Regional
Fisheries Management Councils to develop fishing regulations to be
incorporated into a sanctuary management plan. The Secretary of
Commerce has the discretion to reject these draft regulations if they
are incompatible with the purpose of the sanctuary.
The Gulf of the Farallones NMS was designated in 1981. The
sanctuary encompasses an area of 1,255 square miles off the
California coastline west of San Francisco. The sanctuary
protects both offshore regions and nearshore estuaries.\4\
Approximately 966 square miles of state waters are within the
existing sanctuary boundaries. Also included in the sanctuary
is Farallones National Wildlife Refuge--basically the Farallone
Islands themselves. The refuge is managed by the U.S. Fish and
Wildlife Service. This sanctuary is best known for abundant
marine mammal and seabird populations and for behavioral
studies of great white sharks.
\4\These estuaries include Bodega Bay, Tomales Bay, Bolinas Lagoon,
the Estero de San Antonio and Estero Americano.
The Cordell Bank NMS was designated in 1989. The sanctuary
lies adjacent to the northwest boundary of the Gulf of the
Farallones NMS and 21 miles west of the Point Reyes lighthouse.
This sanctuary, which straddles the continental shelf, covers
526 square miles. The sanctuary protects one of the most
biologically productive upwelling areas off the Pacific Coast
which is vital to resident and migratory marine life. Until
1995, this sanctuary was managed jointly with the Gulf of the
Farallones NMS. All three Central California sanctuaries are in
the process of completing a joint management plan review.\5\ A
final management plan is tentatively scheduled to be released
by the end of this year or early 2008. Neither revised
management plan for either sanctuary recommended alterations to
the existing boundaries.
\5\As required under section 304(e), each sanctuary must complete
every 5 years a public review and evaluation of its management plan.
NOAA selected to initiate these reviews simultaneously due to
overlapping issues, to optimize administrative efficiencies and to
reduce overall cost per review.
As introduced, H.R. 1187 would expand the Gulf of the
Farallones and Cordell Bank NMS to protect and preserve an
additional 1,739 square nautical miles of the marine
environment due north and west of the existing sanctuaries.
These additions would enable the two sanctuaries to protect
virtually the entire upwelling region.\6\ The legislation, as
introduced, also would prohibit:
\6\Upwelling brings cold, nutrient-rich waters to the surface,
supporting phytoplankton blooms. These blooms are the energy base for
large animal populations higher in the food chain, including fish,
marine mammals, and seabirds. Coastal upwelling regions account for
only one percent of the ocean surface, but they contribute to roughly
20 percent of the world's fish catch.
Leasing, exploration, development,
production, or transporting by pipeline of minerals or
Aquaculture (with exceptions and including
the Monterey Bay NMS); and
Discharges of materials, substances, or
introduced species or a harmful change in salinity,
subject to limitation.
The bill explicitly states that it does not alter any
existing authorities governing the conduct and location of
fishing activities. The bill also directs NOAA to develop an
interim management plan, to develop a final management plan and
regulations, and to consider the feasibility of designating a
new sanctuary for the areas added.
H.R. 1187 was introduced on February 16, 2007 by
Congresswoman Woolsey (D-CA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife and Oceans. On October 24,
2007, the Subcommittee on Fisheries, Wildlife and Oceans held a
hearing on the bill.
On February 13, 2008, the Subcommittee met to mark up the
bill. Chairwoman Bordallo (D-GU) offered an amendment in the
nature of a substitute to correct errors in boundary
coordinates; strike all prohibitions except for mineral and
hydrocarbon activities; clarify and streamline the
administrative process and timetable for development of interim
and final management plans and regulations; and strike the
requirement to consider a new sanctuary as required under the
National Marine Sanctuaries Act. It was adopted by unanimous
consent. The bill was then recommended to the Full Committee by
On March 12, 2008, the Full Natural Resources Committee met
to consider the bill. Congressman Wittman (R-VA) offered an
amendment to place commercial and sport fishing activities
within the Sanctuaries exclusively under the jurisdiction of
the Pacific Fishery Management Council. It was not adopted by a
roll call vote of 13 to 22, as follows:
The bill as amended was then ordered favorably reported to
the House of Representatives by voice vote.
Section 1. Short title
This section cites this Act as the Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries Boundary
Modification and Protection Act.
Section 2. Findings
This section establishes that the Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries have national and
international significance as highly productive marine
ecosystems, which calls for comprehensive protection.
Section 3. Policy and purpose
This section sets forth the purpose of this Act, which is
to extend the boundaries of the Gulf of the Farallones and the
Cordell Bank Marine Sanctuaries, to strengthen their
protection, to educate the public of their value, and to manage
human uses within their bounds. Additionally, this section
states that this Act does not intend to alter any existing
authorities over fishing activities.
Section 4. Definitions
This section defines key terms included within the text of
the proposed legislation
Section 5. National Marine Sanctuary boundary adjustments
This section delineates the adjusted boundaries of the Gulf
of the Farallones and the Cordell Bank Marine Sanctuaries and
includes these expansions as managed areas under the National
Marine Sanctuary System. This section also directs the National
Oceanic and Atmospheric Administration to update nautical
Section 6. Prohibition of oil and gas leasing and permitting
This section prohibits leases or permits from being
authorized for the exploration, development, production, or
transportation by pipeline of minerals or hydrocarbons within
Section 7. Management plans and regulations
This section directs the Secretary of Commerce to complete
an interim and a comprehensive management plan to manage the
Sanctuaries under this Act. This section also states that
existing regulations apply to these Sanctuaries, but necessary
revisions should be assessed.
Section 8. Authorization of appropriations
This section authorizes appropriations in the amount of $3
million annually from 2009 to 2013 and $3.5 million for fiscal
year 2009 for construction and acquisition projects related to
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 as well as Article IV, section 3 of
the Constitution of the United States grants Congress the
authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to expand the boundaries of the Gulf
of the Farallones National Marine Sanctuary and the Cordell
Bank National Marine Sanctuary.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
H.R. 1187--Gulf of the Farallones and Cordell Bank National Marine
Sanctuaries Boundary Modification and Protection Act
Summary: H.R. 1187 would expand the boundaries of the
Farallones National Marine Sanctuary and the Cordell Bank
National Marine Sanctuary, both of which are located off the
coast of northern California. The bill would authorize
additional funding for the two marine sanctuaries, which are
managed by the National Oceanic and Atmospheric Administration
Assuming appropriation of the amounts specified by the bill
for sanctuary management or estimated to be necessary for
authorized construction and acquisition activities, CBO
estimates that implementing H.R. 1187 would cost $20 million
over the 2009-2013 period. Enacting the bill would have no
effect on revenues or direct spending.
H.R. 1187 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 1187 would impose private-sector mandates, as defined
in UMRA, by prohibiting or restricting certain commercial and
recreational activities in the areas added to the Gulf of the
Farallones and Cordell Bank National Marine Sanctuaries. Based
on information from NOAA, CBO estimates that the cost of the
mandates would fall below the annual threshold established in
UMRA for private-sector mandates ($136 million in 2008,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1187 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
By fiscal year, in millions of
2009 2010 2011 2012 2013
SPENDING SUBJECT TO APPROPRIATION
Additional Sanctuary Operating
Authorization Level......... 3 3 3 3 3
Estimated Outlays........... 3 3 3 3 3
Vessel Acquisition and
Authorization/Estimated 4 1 0 0 0
Estimated Outlays........... 0 2 2 1 0
Total Spending Under H.R. 1187:
Authorization/Estimated 7 4 3 3 3
Estimated Outlays........... 3 5 5 4 3
\1\Average annual appropriations to manage the two marine sanctuaries at
their current size total about $2 million.
Basis of estimate: For this estimate, CBO assumes that H.R.
1187 will be enacted by the end of fiscal year 2008 and that
the amounts specifically authorized or estimated to be
necessary will be appropriated for each year. The specified
authorization level includes $3 million for each of fiscal
years 2009 through 2013 to manage the areas added to the two
sanctuaries and $4 million for 2009 to construct or acquire an
additional vessel needed to administer them.
The bill also would authorize the appropriation of whatever
amounts are necessary for construction and acquisition for 2010
through 2013. Based on information provided by NOAA, we
estimate that an additional $1 million would be appropriated
for 2010 under this authority to complete the acquisition of
the new vessel, which is estimated to cost about $5 million. We
estimate that no additional amounts would be required for
construction after 2010. Estimated outlays are based on
historical spending patterns for NOAA programs and also reflect
the assumption that NOAA would not be able to start building or
acquiring a new vessel until it receives full funding for the
project in 2010.
Estimated impact on state, local, and tribal governments:
H.R. 1187 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
Estimated impact on the private-sector: H.R. 1187 would
extend current regulations and any subsequent modifications to
the areas added to the sanctuaries by the bill. Some of those
regulations would impose mandates, as defined in UMRA, by
prohibiting or restricting certain commercial and recreational
activities that could injure sanctuary resources within the
added areas. Based on information from NOAA, CBO estimates that
the cost of complying with the mandates would be small and
would fall below the annual threshold established in UMRA for
private-sector mandates ($136 million in 2008, adjusted
annually for inflation).
Estimate prepared by: Federal costs: Deborah Reis; Impact
on state, local, and tribal governments: Neil Hood; Impact on
the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
H.R. 1187 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
Dissenting Views--H.R. 1187, Gulf of the Farallones and Cordell Bank
National Marine Sanctuaries Boundary Modification and Protection Act
H.R. 1187, Gulf of the Farallones and Cordell Bank National
Marine Sanctuaries Boundary Modification and Protection Act,
would add approximately 1,200 square miles and almost 100 miles
of the California coastline to two existing National Marine
Sanctuaries--the Gulf of the Farallones and Cordell Bank
National Marine Sanctuaries. This expansion would almost double
the size of the two sanctuaries with no formal public input on
the expansion or the management regime that this legislation
would impose on the new areas. This addition would bring the
total of area under the four sanctuaries off California to
almost 10,000 square miles.
While the National Oceanic and Atmospheric Administration
(NOAA) began the scoping process for changes to the management
of the existing sanctuary areas in 2001 and has been conducting
public comment on those changes, the expansion of the
sanctuaries was not considered because it was ``very
complicated'' and would ``require a lot of effort and analysis
and talking to the public.'' This legislation ignores the
complexity of the expansion and ignores the need for public
comment on any expansion of the sanctuaries--both of which
could have been addressed by NOAA through the existing
The legislation imposes a new management regime for the
expanded boundary without public comment. While significant
public comment was gathered on the management regime for the
existing sanctuary areas, no public comment was requested on
how these new management rules would affect the expanded areas.
The legislation imposes the regulations until new regulations
can be determined. The current process would allow for new
regulations to be imposed after public comment, but this
legislation flips the process on its head and puts the new
regulations in place before the public comment.
This legislation short circuits the public process for both
the expansion of the two sanctuaries and the new rules for
managing the resources within the expanded areas. All of the
provisions of this legislation could and should be accomplished
through the existing process.
Additionally, H.R. 1187 ignores the statutory moratorium on
new designations that was enacted due to concerns about funding
levels. Congress imposed this moratorium because of concerns
that the National Marine Sanctuary system would grow without
the necessary growth in the funding levels. H.R. 1187 would
almost double the size of two sanctuaries and establish a new
requirement for NOAA to initiate a public process on new
management measures for the expanded areas. NOAA estimates that
the cost of managing the new areas would add an additional $2
to $3 million per year for management and the costs of
initiating a public process on the management regime would
impose an additional $4 to $5 million over three years. At a
time when the funding levels for the National Marine Sanctuary
Program have fluctuated and costs for the new Papahanaumokuakea
Marine National Monument have been added to the National Marine
Sanctuary Program, without additional appropriations, the
entire sanctuary program will suffer as a result of this
H.R. 1187, in addition to expanding the size of the
sanctuaries, will put more area of the Federal Outer
Continental Shelf off limits to any oil or natural gas
production despite the current energy crisis. This legislation
will continue this Congress' efforts to further restrict access
to the Nation's energy resources and will ultimately require
even further increases of imported fossil fuels.
This bill would impose a Congressional prohibition on any
exploration or development of any hydrocarbon--including
natural gas--and prohibit the transportation by pipeline of any
hydrocarbon. The four National Marine Sanctuaries off
California--with this expansion--will now cover approximately
33 percent of the California coastline and include almost
10,000 square miles. At a time when the Nation is facing an
energy crisis, additional barriers to developing the Nation's
potential natural gas reserves is irresponsible.
The National Marine Sanctuary Program has enjoyed popular
support for many years. One of the reasons for this popularity
was that the program allowed multiple uses of the offshore
areas included within the program. The experience the
commercial and recreational fishing community has had in other
sanctuaries off the California coast has made them leery of any
increased Federal designations in the Federal waters off
California. Fishermen have seen their opportunities to fish in
the waters of the sanctuaries off California diminished with
little or no scientific basis. Despite the fact that neither of
these sanctuaries was established to protect fisheries,
fishermen remain concerned that this legislation will add an
additional 1,200 square miles to the sanctuaries and impose new
fishery management restrictions to these expanded areas without
the necessary public comment. Action by Congress to expand
sanctuary boundaries and impose new management regimes by
statute rather than through a public process does nothing to
calm their concerns.
Henry E. Brown, Jr.