U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON :

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79–010

SENATE" !106th Congress2d Session

REPORT

2000

106–353

Calendar No. 702

NATIONAL MARINE SANCTUARIESAMENDMENTS ACT

R E P O R T

OF THE

COMMITTEE ON COMMERCE, SCIENCE, ANDTRANSPORTATION

on

S. 1482

JULY 21, 2000.—Ordered to be printed

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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JOHN MCCAIN, Arizona, ChairmanTED STEVENS, AlaskaCONRAD BURNS, MontanaSLADE GORTON, WashingtonTRENT LOTT, MississippiKAY BAILEY HUTCHISON, TexasOLYMPIA SNOWE, MaineJOHN ASHCROFT, MissouriBILL FRIST, TennesseeSPENCER ABRAHAM, MichiganSAM BROWNBACK, Kansas

ERNEST F. HOLLINGS, South CarolinaDANIEL K. INOUYE, HawaiiJOHN D. ROCKEFELLER IV, West VirginiaJOHN F. KERRY, MassachusettsJOHN B. BREAUX, LouisianaRICHARD H. BRYAN, NevadaBYRON L. DORGAN, North DakotaRON WYDEN, OregonMAX CLELAND, Georgia

MARK BUSE, Staff DirectorANN H. CHOINIERE, General Counsel

KEVIN D. KAYES, Democratic Staff DirectorMOSES BOYD, Democratic Chief Counsel

GREGG ELIAS, Democratic General Counsel

(II)

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Calendar No. 702106TH CONGRESS REPORT" !SENATE2d Session 106–353

NATIONAL MARINE SANCTUARIES AMENDMENTS ACT

JULY 21, 2000.—Ordered to be printed

Mr. MCCAIN, from the Committee on Commerce, Science, andTransportation, submitted the following

R E P O R T

[To accompany S. 1482]

The Committee on Commerce, Science, and Transportation, towhich was referred the bill (S. 1482) ‘‘A bill to amend the NationalMarine Sanctuaries Act, and for other purposes’’, having consideredthe same, reports favorably thereon with amendments and rec-ommends that the bill (as amended) do pass.

PURPOSE OF THE BILL

S. 1482, as reported, would reauthorize the National MarineSanctuaries Act for six years, authorize funding levels for the pro-gram for those years, and make changes to improve the operationof the program.

BACKGROUND AND NEEDS

In response to public concerns over ocean pollution, Congress en-acted the Marine Protection, Research and Sanctuaries Act in 1972(16 U.S.C. 1431 et seq.). It authorized the Secretary of Commerceto designate areas of the marine environment with nationally sig-nificant ecological, historical, recreational, and aesthetic values asNational Marine Sanctuaries (NMS). The National Marine Sanc-tuaries Program is administered by the National Oceanic and At-mospheric Administration (NOAA). Since the law was enacted, ithas been amended and reauthorized in 1980 (P.L. 96–332), 1984(P.L. 98–498), 1988 (Title II of P.L. 100–627), 1992 (P.L. 102–587),and 1996 (P.L. 104–283). Additionally, the Florida Keys NationalMarine Sanctuary was designated by legislation in 1990 under theFlorida Keys National Marine Sanctuary and Protection Act (P.L.101–605).

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Marine sanctuaries, similar in concept to a national park onland, may protect marine habitats such as coral reefs or preservecultural or historical assets, such as shipwrecks. The primary goalof a marine sanctuary is to preserve, and possibly enhance, the as-sets of the site while allowing for compatible public and privateuses. The extent to which each sanctuary allows or restricts theseuses is determined on a site-by-site basis through an open publicprocess. As a general rule, activities like drilling, mining, dredging,dumping waste, or removing artifacts are prohibited, but shipping,commercial fishing, sport fishing, boating, scuba diving, and ma-rine tourism are generally allowed where practicable. Scientific re-search and outreach programs are established at each sanctuary tomaximize the public benefits and understanding of these areas.

Management of fisheries within the 200 mile Exclusive EconomicZone is coordinated with the appropriate regional fishery manage-ment council under the Magnuson-Stevens Fishery Conservationand Management Act (Magnuson-Stevens Act). The Act requiresthe Secretary to provide regional fishery management councils theopportunity to prepare draft fishing regulations (guided by the Na-tional Standards of the Magnuson-Stevens Act) which are nec-essary to implement a proposed sanctuary management plan. TheSecretary must accept and issue these regulations as final unlesshe finds the council’s proposed regulations fail to fulfill the pur-poses and policies of the Act.

Each marine sanctuary handles public access to resources dif-ferently. The sanctuary system provides managers with the oppor-tunity to test management measures on a small scale before theyare applied to other Federal and state coastal programs. This givesmanagers the data necessary to improve public confidence in pro-posed management measures. These measures have included rec-reational use zones and areas that require the use of moorings.

Six of the twelve existing marine sanctuaries have been des-ignated since 1990. One additional sanctuary, Thunder Bay (MI) isunder development and is expected to be formally designated in thenear future. These marine sanctuaries include a wide variety ofmarine habitats such as deep ocean gardens, near shore coral reefs,whale migration corridors, deep sea canyons, and underwater ar-chaeological sites. In total, these sanctuaries protect nearly 18,000square miles of ocean and coastal habitats. The following is a listof the existing sanctuaries: Channel Islands (CA), Gulf of theFarallones (CA), Cordell Banks (CA), Hawaiian Islands (HI),Fagatele Bay (American Samoa), Monitor (NC), Florida Keys (FL),Monterey Bay (CA), Flower Garden Bank (TX), Olympic Coast(WA), Gray’s Reef (GA), and Stellwagen Banks (MA).

LEGISLATIVE HISTORY

On June 30, 1999, a hearing on the National Marine Sanctuariesprogram was held by the Subcommittee on Oceans and Fisheries.Testimony was provided by the Deputy Assistant Secretary of Com-merce for Oceans and Atmosphere and members of the conserva-tion and fishing communities. Witnesses testified on diverse as-pects of the sanctuary program including funding priorities, mul-tiple use of sanctuary assets, and public education and outreach.

S. 1482 was introduced on August 4, 1999, by Senators Snowe,Kerry, McCain, Hollings, and Breaux and referred to the Com-

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mittee on Commerce, Science, and Transportation. Senator Ken-nedy is also a cosponsor.

On April 13, 2000, the bill was considered by the Committee inan open executive session. Senators Snowe and Kerry offered anamendment and the Committee, without objection, ordered S. 1482reported as amended. The Snowe-Kerry amendment clarified therequirements of the Secretarial finding for new sanctuary designa-tions and sunset the limitation on new designations concurrentwith the authorization period. The amendment also added one yearto the authorization period.

SUMMARY OF MAJOR PROVISIONS

S. 1482, as amended, authorizes the National Marine Sanc-tuaries Act (NMSA) at $30 million in FY 2000 and increases an-nual funding by $2 million per year to $40 million in FY 2005.

Previous funding limitations have hampered the ability of the 12existing sanctuaries to become fully operational. Therefore, S. 1482,as amended, directs the Secretary of Commerce to focus short-termefforts on developing and improving the operational capacity of ex-isting sanctuaries before proposing the designation of additionalsites. This is consistent with NOAA’s stated plans for fiscal years2000-2004. S. 1482, as amended, requires the Secretary to submita finding to Congress before a sanctuary designation notice of in-tent is published in the Federal Register. Prior to such publication,the Secretary must make a finding concerning the operational sta-tus of the existing sanctuaries. The Secretary must find that theproposed new sanctuary will not have a negative impact on thesanctuary system as a whole. In addition, he must find that eachexisting sanctuary has (1) an operational level of facilities, equip-ment, and employees; (2) a plan for enforcement within its bound-aries; (3) sufficient resources within that fiscal year to effectivelyimplement the sanctuary management plan; (4) completed sitecharacterization studies and management plan review or a planand schedule for completion of these activities; and (5) a list of pri-orities for the sanctuary and a strategy to address them. In addi-tion, S. 1482, as amended, requires at least one such finding to bepublished during the authorization period. This finding require-ment expires with the end of the authorization period on Sep-tember 30, 2004 and does not apply to the proposed Thunder BaySanctuary.

S. 1482, as amended, also authorizes the Secretary to developeducational and interpretive facilities to promote the sanctuaryprogram. Due to the remote location of many of the sanctuaries,easily accessible facilities are needed to educate the public aboutthe marine environment and the benefits of the sanctuary program.

S. 1482, as amended, authorizes criminal penalties for inter-fering with the enforcement of this Act. The reported bill also au-thorizes the sanctuaries to partner with state enforcement authori-ties and requires each sanctuary to include an enforcement strat-egy in its management plan. These partnerships are intended tomaximize enforcement coverage in coastal areas.

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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the StandingRules of the Senate and section 403 of the Congressional BudgetAct of 1974, the Committee provides the following cost estimate,prepared by the Congressional Budget Office:

In accordance with paragraph 11(a) of rule XXVI of the StandingRules of the Senate and section 403 of the Congressional BudgetAct of 1974, the Committee provides the following cost estimate,prepared by the Congressional Budget Office:

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1842—National Marine Sanctuaries Enhancement Act of 2000Summary: Assuming appropriation of the authorized amounts,

CBO estimates that implementing S. 1482 would cost the federalgovernment $172 million over the 2000–2005 period. The bill couldaffect direct spending and governmental receipts; therefore, pay-as-you-go procedures would apply. CBO estimates, however, that anyeffects on receipts or direct spending would be minimal. S. 1482contains no intergovernmental or private-sector mandates as de-fined in the Unfunded Mandates Reform Act (UMRA) and wouldimpose no significant costs on state, local, or tribal governments.

S. 1482 would amend the National Marine Sanctuaries Act,which authorizes and governs the National Marine SanctuariesSystem (NMSS) administered by the National Oceanic and Atmos-pheric Administration (NOAA). The amendments would streamlinethe process for designating new sites for the NMSS and strengthenexisting enforcement measures.

The bill would authorize the appropriation of $210 million overthe 2000–2005 period for operation of the NMSS, including $30million for 2000, $32 million for 2001, $34 million for 2002, $36million for 2003, $38 million for 2004, and 40 million for 2005. Forfiscal year 2000, $26 million has been appropriated for the systemto date.

In addition to amendments made to streamline or enhance theNMSS program and to authorize appropriations for the system,other provisions of the bill would:

• Impose criminal penalties on persons who interfere withinvestigations into violations of laws that protect marine sanc-tuary resources;

• Change the way NOAA sets fees for special use permits atsanctuaries;

• Allow the agency to apply for, accept, and use grant funds,from state, local, and regional government agencies; and

• Authorize the agency to accept and use donations fromnonprofit groups (under cooperative agreements) and others incarrying out activities at national sanctuaries.

Other provisions of the bill, most of which would make technicalamendments to the National Marine Sanctuaries Act, would havelittle or no effect on the federal budget.

Estimated cost to the Federal Government: The estimated budg-etary impact of S. 1482 is shown in the following table. The costsof this legislation fall within budget function 300 (natural resourcesand environment).

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By fiscal year, in millions of dollars—

2000 2001 2002 2003 2004 2005

NMSS Spending Under Current Law:Budget Authority 2 ............................................................... 26 0 0 0 0 0Estimated Outlays ............................................................... 21 7 3 2 0 0

Proposed Changes:Authorization Level .............................................................. 4 32 34 36 38 40Estimated Outlays ............................................................... 3 26 32 35 37 39

NMSS Spending Under S. 1482:Authorization Level .............................................................. 30 32 34 36 38 40Estimated Outlays ............................................................... 24 33 35 37 37 39

1 CBO estimates that enactment of this bill also could affect direct spending and receipts, but any amounts would be negligible.2 The 2000 level is the amount appropriated for that year for the NMSS.

Basis of estimate: For purposes of this estimate, CBO assumesthat the entire amounts authorized for all activities will be appro-priated in each fiscal year. Outlays are based on historical spend-ing patterns for the affected programs.

Several provisions of the bill could affect governmental receiptsor offsetting receipts (a credit against direct spending). Because allof the changes in such receipts would be offset by equal changesin direct spending, none of these provisions would have any net ef-fect on the federal budget. Moreover, most such changes would benegligible. These provisions are:

• Section 8, which would impose criminal penalties on per-sons who interfere with the investigation by authorized officersinto violations of laws that protect marine sanctuary resources;

• Section 11, which could result in lower receipts by allowingNOAA to accept in-kind contributions in lieu of certain fees atmarine sanctuaries;

• Section 12, which would allow NOAA to accept and usegrants provided by state, local, or regional government agen-cies; and

• Section 17, which would clarify that NOAA may authorizethe use of certain NMSS symbols by others helping the agencyto benefit the system.

Pay-as-you-go considerations: The Balanced Budget and Emer-gency Deficit Control Act sets up pay-as-you-go procedures for leg-islation affecting direct spending or receipts. Several provisions ofS. 1482 could affect direct spending and governmental receipts.CBO estimates that these provisions would have no significant ef-fect on the federal budget in any year.

Intergovernmental and private-sector impact: S. 1482 contains nointergovernmental or private-sector mandates as defined in UMRAand would impose no significant costs on state, local, or tribal gov-ernments.

Previous CBO estimate: On July 1, 1999, CBO transmitted a costestimate for H.R. 1243, the National Marine Sanctuaries Enhance-ment Act of 1999, as ordered reported by the House Committee onResources on June 9, 1999. H.R. 1243 would reauthorize the Na-tional Estuaries Research Reserve System as well as the NMSSand would authorize money for new construction activities atNMSS sites. In addition, the House bill would authorize the appro-priation of $26 million annually for ongoing NMSS activities, whichis less than the amounts in the Senate bill.

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Estimate prepared by: Federal Costs: Deborah Reis. Impact onState, Local, and Tribal Governments: Victoria Heid Hall. Impacton the Private Sector: Natalie Tawil.

Estimate approved by: Peter H. Fontaine, Depute Assistant Di-rector for Budget Analysis.

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the StandingRules of the Senate, the Committee provides the following evalua-tion of the regulatory impact of the legislation, as reported: Be-cause S. 1482, as amended, does not create any new programs, thelegislation will have no additional regulatory impact, and will re-sult in no additional reporting requirements.

NUMBER OF PERSONS COVERED

The legislation will have no additional effect on the number ortypes of individuals and businesses regulated.

ECONOMIC IMPACT

The legislation will have no additional effect on the economic im-pact of such regulation.

PRIVACY

The legislation will have no additional effect on the personal pri-vacy of affected individuals.

PAPERWORK

The legislation will have no additional effect on the paperworkrequired from such individuals and businesses.

SECTION-BY-SECTION ANALYSIS

Section 1. Short TitleThis section of the bill cites the short title of the reported bill as

the ‘‘National Marine Sanctuaries Amendments Act of 2000.’’

Section 2. Amendment of National Marine Sanctuaries ActThis section of the reported bill identifies the National Marine

Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) as the law thatwill be amended.

Section 3. Findings, Purposes, and PoliciesThis section of the reported bill clarifies the findings, purposes,

and policies. Section 3(a) amends section 1431(a) of title 16, U.S.Code, to recognize the cultural and archaeological importance ofcertain areas of the marine environment.

Section 3(b) amends section 1431(b) of title 16, U.S. Code, to in-clude maintaining natural biodiversity and biological communities,and the promotion of coordinated scientific research, long-termmonitoring, and innovative management techniques as part of thepurposes and policies of the NMSA.

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Section 4. DefinitionsThis section of the reported bill amends section 1432 of title 16,

U.S. Code, to revise certain definitions contained in the NMSA. Thedefinition of ‘‘damages’’ is expanded to include the cost of curationand conservation of archaeological, historical, and cultural sanc-tuary resources. Response Costs is amended to include enforcementactivities related to any incident. The term sanctuary resource isexpanded to include culturally and archaeologically important re-sources. A new definition of system is added to refer to the Na-tional Marine Sanctuary System established by section 5 of the re-ported bill.

Section 5. Sanctuary Designation StandardsThis section of the reported bill amends section 1433 of title 16,

U.S. Code, to establish the existing sanctuaries as the NationalMarine Sanctuaries System. It also adds three new factors for theSecretary to consider during the proposal of new sanctuaries—bio-diversity, ecological importance, and archaeological/cultural/histor-ical importance.

This section of the reported bill also requires the Secretary tosubmit a finding to Congress prior to publishing a notice of intentto designate a new sanctuary that states whether each existingsanctuary has an operational level of facilities, a list of prioritiesit considers most urgent and strategies to address those priorities,a plan and schedule for the completion of site characterizations andmanagement plan review, and a plan for enforcement within thesanctuary boundaries. This finding requirement does not apply tothe proposed Thunder Bay National Marine Sanctuary. This sec-tion of the reported bill also requires the Secretary to submit atleast one such finding to Congress prior to September 30, 2004.This provision expires on September 30, 2004.

Section 6. Procedures for Designation and ImplementationThis section of the reported bill amends section 1434(a) of title

16, U.S. Code, to clarify and streamline the procedures the Sec-retary must follow to designate sanctuaries. This section requiresthe Secretary to prepare a set of designation documents to proposea new sanctuary. It also requires the Secretary to provide to Con-gress notice of a new sanctuary proposal.

Section 7. Prohibited ActivitiesThis section of the reported bill amends section 1436 of title 16,

U.S. Code, to clarify that it is illegal to offer for sale, purchase, im-port, or export sanctuary resources. In addition, this section clari-fies additional activities that constitute interfering with enforce-ment.

Section 8. EnforcementThis section of the reported bill amends section 1437 of title 16,

U.S. Code, to authorize certain law enforcement officials to arresta person if there is reasonable cause to believe such person hascommitted a prohibited activity under this Act. This section alsoauthorizes criminal penalties for interfering with the enforcementof this Act. In addition, this section authorizes the Secretary to

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subpoena electronic files in connection with an investigation underthis Act.

Section 9. Regulatory AuthorityThis section of the reported bill amends section 1439 of title 16,

U.S. Code, to clarify the Secretary’s authority to issue regulationsunder this Act.

Section 10. Research, Monitoring, and EducationThis section of the reported bill amends section 1440 of title 16,

U.S. Code, to authorize the Secretary to support or coordinate mon-itoring and research activities carried out by universities, non-prof-it groups, and other government agencies. This section authorizesNOAA to enter into partnerships with third parties to promote ma-rine sanctuaries.

Section 11. Special Use PermitsThis section of the reported bill amends section 1441 of title 16,

U.S. Code, to require the Secretary to notify the public before iden-tifying an activity under a special use permit. In addition, it re-quires the permittee to purchase liability insurance against poten-tial claims arising out of the permitted activity. This section au-thorizes the Secretary to waive or reduce special permit fees fornon-profit activities associated with sanctuary resources, or activi-ties deemed beneficial to the system by the Secretary.

Section 12. Cooperative AgreementsThis section of the reported bill amends section 1442 of title 16,

U.S. Code, to authorize the Secretary to apply for, accept, and usegrants from government entities, agencies, foundations, or otherpersons to further the purposes of this Act.

Section 13. Technical ChangesThis section of the reported bill amends section 1443(a) of title

16, U.S. Code, to make several technical changes. It also sets astatute of limitations for resource damage assessment actions.

Section 14. Authorization of AppropriationsThis section of the reported bill amends section 1444 of title 16,

U.S. Code, to authorize $30 million in fiscal year 2000; $32 millionfor FY 2001; $34 million in FY 2002; $36 million in FY 2003; $38million in FY 2004; and $40 million in FY 2005.

Section 15. U.S.S. MonitorThis section of the reported bill amends section 1445 of title 16,

U.S. Code, to make a technical change related to the interpretationand display of artifacts from the U.S.S. Monitor.

Section 16. Advisory CouncilsThis section of the reported bill amends section 1446 of title 16,

U.S. Code, to make a technical change to the Advisory Council pro-visions.

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Section 17. EnhancementThis section of the reported bill amends section 1447 of title 16,

U.S. Code, to authorize the use of the national marine sanctuarysymbol by parties engaged in a formal collaboration with the sanc-tuary program.

This section of the reported bill also authorizes the Secretary toenter into agreements with non-profit organizations to assist in theadministration of the sponsorship program. Under such an agree-ment, the non-profit organization may retain up to 5 percent of thecontributed funds to offset administrative costs.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the StandingRules of the Senate, changes in existing law made by the bill, asreported, are shown as follows (existing law proposed to be omittedis enclosed in black brackets, new material is printed in italic, ex-isting law in which no change is proposed is shown in roman):

NATIONAL MARINE SANCTUARIES ACT

SEC. 301. FINDINGS, PURPOSES, AND POLICIES. [16 U.S.C. 1431](a) FINDINGS.—The Congress finds that—

(1) this Nation historically has recognized the importance ofprotecting special areas of its public domain, but these effortshave been directed almost exclusively to land areas above thehigh-water mark;

(2) certain areas of the marine environment possess con-servation, ørecreational, ecological, historical, research, edu-cational, or aesthestic¿ scientific, educational, cultural, archae-ological, or aesthetic qualities which give them special national,and in some cases international, significance;

(3) while the need to control the effects of particular activi-ties has led to enactment of resource-specific legislation, theselaws cannot in all cases provide a coordinated and comprehen-sive ecosystem approach to the conservation and managementof special areas of the marine environment;

(4) a Federal program which identifies special areas of themarine environment will contribute positively to marine re-sources conservation, research, and management;

(5) such a Federal program will also serve to enhance publicawareness, understanding, appreciation, and øwise use¿ sus-tainable use of the marine environment; and

(6) øprotection of these¿ protecting the biodiversity, habitats,and qualities of such special areas can contribute to maintain-ing a natural assemblage of living resources and the valuesand ecological services they provide for future generations.

(b) PURPOSES AND POLICIES.—The purposes and policies of thistitle are—

(1) to identify and designate as national marine sanctuariesareas of the marine environment which are of special nationaløsignificance;¿ significance and to manage these areas as theNational Marine Sanctuary System;

(2) to provide authority for comprehensive and coordinatedconservation and management of these marine areas, and ac-

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tivities affecting them, in a manner which complements exist-ing regulatory authorities;

ø3) to support, promote, and coordinate scientific researchon, and monitoring of, the resources of these marine areas, es-pecially long-term monitoring and research of these areas;¿

(3) to maintain natural biodiversity and biological commu-nities, and to protect, and where appropriate, restore and en-hance natural habitats, populations, and ecological processes;

(4) to enhance public awareness, øunderstanding, apprecia-tion, and wise use of the marine environment;¿ understanding,and appreciation of the natural, historical, cultural, and ar-chaeological resources of national marine sanctuaries;

(5) to support, promote, and coordinate scientific research on,and long-term monitoring of, the resources of these marineareas;

ø(5)¿ (6) to facilitate to the extent compatible with the pri-mary objective of resource protection, all public and privateuses of the resources of these marine areas not prohibited pur-suant to other authorities;

ø(6)¿ (7) to develop and implement coordinated plans for theprotection and management of these areas with appropriateFederal agencies, State and local governments, Native Amer-ican tribes and organizations, international organizations, andother public and private interests concerned with the con-tinuing health and resilience of these marine areas;

ø(7)¿ (8) to create models of, and incentives for, ways to con-serve and manage these øareas;¿ areas, including the applica-tion of innovative management techniques; and

ø(8)¿ (9) to cooperate with global programs encouraging con-servation of ømarine resources; and¿ marine and coastal re-sources.

ø(9) to maintain, restore, and enhance living resources byproviding places for species that depend upon these marineareas to survive and propagate.¿

SEC. 302. DEFINITIONS. [16 U.S.C. 1432]As used in this title, the term—

(1) ‘‘draft management plan’’ means the plan described insection ø304(a)(1)(C)(v)¿ 304(a)(2)(A) of this title;

(2) ‘‘øMagnuson¿ Magnuson-Stevens Act’’ means the Magnu-son-Stevens Fishery Conservation and Management Act (16U.S.C. 1801 et seq.);

(3) ‘‘marine environment’’ means those areas of coastal andocean waters, the Great Lakes and their connecting waters,and submerged lands over which the United States exercisesjurisdiction, including the exclusive economic zone, consistentwith international law;

(4) ‘‘Secretary’’ means the Secretary of Commerce;(5) ‘‘State’’ means each of the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Common-wealth of the Northern Mariana Islands, American Samoa, theVirgin Islands, Guam, and any other commonwealth, territory,or possession of the United States;

(6) ‘‘damages’’ includes—(A) compensation for—

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(i)(I) the cost of replacing, restoring, or acquiring theequivalent of a sanctuary resource; and

(II) the value of the lost use of a sanctuary resourcepending its restoration or replacement or the acquisi-tion of an equivalent sanctuary resource; or

(ii) the value of a sanctuary resource if the sanc-tuary resource cannot be restored or replaced or if theequivalent of such resource cannot be acquired;

(B) the cost of damage assessments under section303(b)(2) of this title; øand¿

(C) the reasonable cost of monitoring appropriate to theinjured, restored, or replaced øresources;¿ resources; and

(D) the cost of curation and conservation of archae-ological, historical, and cultural sanctuary resources;

(7) ‘‘response costs’’ means the costs of actions taken or au-thorized by the Secretary to minimize destruction or loss of, orinjury to, sanctuary resources, or to minimize the imminentrisks of such destruction, loss, or øinjury;¿ injury, including en-forcement activities related to any incident;

(8) ‘‘sanctuary resource’’ means any living or nonliving re-source of a national marine sanctuary that contributes to theconservation, recreational, ecological, historical, research, øedu-cational,¿ educational, cultural, archaeological, or aesthesticvalue of the sanctuary; øand¿

(9) ‘‘exclusive economic zone’’ means the exclusive economiczone as defined in the øMagnuson-Stevens Fishery Conserva-tion and Management Act.¿ Magnuson-Stevens Act;

(10) ‘‘system’’ means the National Marine Sanctuary Systemestablished by section 303; and

(11) ‘‘person’’ has the meaning given that term by section 1 oftitle 1, United States Code, but includes a department, agency,and instrumentality of the government of the United States, aState, or a foreign Nation.

ƒSEC. 303. SANCTUARY DESIGNATION STANDARDS.≈ [16 U.S.C. 1433]

SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.ø(a) STANDARDS.—The Secretary may designate any discrete area

of the marine environment as a national marine sanctuary and pro-mulgate regulations implementing the designation if theSecretary—

ø(1) determines that the designation will fulfill the purposesand policies of this title; and

ø(2) finds that—ø(A) the area is of special national significance due to its

resource or human-use values;ø(B) existing State and Federal authorities are inad-

equate or should be supplemented to ensure coordinatedand comprehensive conservation and management of thearea, including resource protection, scientific research, andpublic education;

ø(C) designation of the area as a national marine sanc-tuary will facilitate the objectives in subparagraph (B);and

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ø(D) the area is of a size and nature that will permitcomprehensive and coordinated conservation and manage-ment.¿

(a) ESTABLISHMENT OF SYSTEM.—There is established the Na-tional Marine Sanctuary System, which shall consist of nationalmarine sanctuaries designated by the Secretary in accordance withthis title.

ø(b) FACTORS AND CONSULTATIONS REQUIRED IN MAKING DETER-MINATIONS AND FINDINGS.—¿

(b) SANCTUARY DESIGNATION STANDARDS.—(1) IN GENERAL.—Before designating an area of the marine

environment as a national marine sanctuary, the Secretaryshall find that—

(A) the area is of special national significance due toits—

(i) biodiversity;(ii) ecological importance;(iii) archaeological, cultural, or historical impor-

tance; or(iv) human-use values;

(B) existing State and Federal authorities should be sup-plemented to ensure coordinated and comprehensive con-servation and management of the area, including resourceprotection, scientific research, and public education;

(C) designation of the area as a national marine sanc-tuary will facilitate the objectives in subparagraph (B); and

(D) the area is of a size and nature that will permit com-prehensive and coordinated conservation and management.

ø(1)¿ (2) FACTORS.—For purposes of determining if an areaof the marine environment meets the standards set forth inøsubsection (a)¿ paragraph (1) of this section, the Secretaryshall consider—

(A) the area’s natural resource and ecological qualities,including its contribution to biological productivity, main-tenance of ecosystem structure, maintenance of ecologicallyor commercially important or threatened species or speciesassemblages, maintenance of critical habitat of endangeredspecies, and the biogeographic representation of the site;

(B) the area’s historical, cultural, archaeological, or pale-ontological significance;

(C) the present and potential uses of the area that de-pend on maintenance of the area’s resources, includingcommercial and recreational fishing, subsistence uses,other commercial and recreational activities, and researchand education;

(D) the present and potential activities that may ad-versely affect the factors identified in subparagraphs (A),(B), and (C);

(E) the area’s scientific value and value for monitoring asa special area of the marine environment;

ø(E)¿ (F) the existing State and Federal regulatory andmanagement authorities applicable to the area and theadequacy of those authorities to fulfill the purposes andpolicies of this title;

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ø(F)¿ (G) the manageability of the area, including suchfactors as its size, its ability to be identified as a discreteecological unit with definable boundaries, its accessibility,and its suitability for monitoring and enforcement activi-ties;

(H) the feasibility, where appropriate, of employing inno-vative management approaches to protect sanctuary re-sources or to manage compatible uses;

ø(G)¿ (I) the public benefits to be derived from sanctuarystatus, with emphasis on the benefits of long-term protec-tion of nationally significant resources, øvital habitats, andresources which generate tourism;¿ and vital habitats;

(J) the value of the area as an addition to the System;ø(H)¿ (K) the negative impacts produced by management

restrictions on income-generating activities such as livingand nonliving resources development; and

ø(I)¿ (L) the socioeconomic effects of sanctuary designa-tion.

ø(2)¿ (3) CONSULTATION.—In making determinations andfindings, the Secretary shall consult with—

(A) the Committee on øMerchant Marine and Fisheries¿Resources of the House of Representatives and the Com-mittee on Commerce, Science, and Transportation of theSenate;

(B) the Secretaries of State, Defense, Transportation,and the Interior, the Administrator of the EnvironmentalProtection Agency, and the heads of other interested Fed-eral agencies;

(C) the responsible officials or relevant agency heads ofthe appropriate State and local government entities, in-cluding coastal zone management agencies, that will or arelikely to be affected by the establishment of the area as anational marine sanctuary;

(D) the appropriate officials of any Regional FisheryManagement Council established by section 302 of theMagnuson Act (16 U.S.C. 1852) that may be affected bythe proposed designation; and

(E) other interested persons.ø(3) RESOURCE ASSESSMENT REPORT.—In making determina-

tions and findings, the Secretary shall draft, as part of the en-vironmental impact statement referred to in section 304(a)(2)of this title, a resource assessment report documenting presentand potential uses of the area, including commercial and rec-reational fishing, research and education, minerals and energydevelopment, subsistence uses, and other commercial, govern-mental, or recreational uses. The Secretary, in consultationwith the Secretary of the Interior, shall draft a resource as-sessment section for the report regarding any commercial, gov-ernmental, or recreational resource uses in the area under con-sideration that are subject to the primary jurisdiction of theDepartment of the Interior. The Secretary, in consultation withthe Secretary of Defense, the Secretary of Energy, and the Ad-ministrator, shall draft a resource assessment section for thereport, including information on any past, present, or proposedfuture disposal or discharge of materials in the vicinity of the

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proposed sanctuary. Public disclosure by the Secretary of suchinformation shall be consistent with national security regula-tions.¿

(4) REQUIRED FINDINGS.—(A) NEW DESIGNATIONS.—The Secretary shall not publish

in the Federal Register any sanctuary designation notice orregulations proposing to designate a new sanctuary unlessthe Secretary has published in the Federal Register andsubmitted to Congress a finding that the addition of a newsanctuary will not have a negative impact on the NationalMarine Sanctuary System and each designated sanctuaryhas—

(i) an operational level of facilities, equipment, andemployees;

(ii) a plan for enforcement of the Act within itsboundaries, including partnerships with adjacentStates or other authorities;

(iii) sufficient resources available in the fiscal year inwhich the finding is made to implement the sanctuarymanagement plan effectively;

(iv) completed site characterizations studies, inven-tories of known sanctuary resources, and managementplan review; and

(v) a list of priorities and a strategy to address suchpriorities.

(B) FAILURE TO COMPLETE CERTAIN REQUIREMENTS.—Ifthe requirements of subparagraph (A)(iv) have not beencompleted at the time of designation of a sanctuary, thenthe Secretary shall submit a plan and schedule for the com-pletion of these activities for the sanctuary, based on the as-sumption that the amounts appropriated for the sanc-tuaries will be maintained at the same level for each fiscalyear for the next 10 years.

(C) EXCEPTION.—Subparagraph (A) does not apply to anydraft management plan, draft environmental impact state-ment, or proposed regulation for the Thunder Bay NationalMarine Sanctuary.

(D) DEADLINE.—If a finding under subparagraph (A) hasnot been published by February 1, 2004, the Secretary shallsubmit to Congress by September 30, 2004, a finding stat-ing whether the requirements in subparagraph (A) havebeen met.

(E) SUNSET.—The requirements of this paragraph shallbe in effect until September 30, 2004.

SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.[16 U.S.C. 1434]

(a) SANCTUARY PROPOSAL.—(1) NOTICE.—In proposing to designate a national marine

sanctuary, the Secretary shall—(A) issue, in the Federal Register, a notice of the pro-

posal, proposed regulations that may be necessary and rea-sonable to implement the proposal, and a summary of thedraft management plan;

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(B) provide notice of the proposal in newspapers of gen-eral circulation or electronic media in the communitiesthat may be affected by the proposal; and

ø(C) on the same day the notice required by subpara-graph (A) is issued, the Secretary shall submit to the Com-mittee on Merchant Marine and Fisheries of the House ofRepresentatives and the Committee on Commerce, Science,and Transportation of the Senate documents, including anexecutive summary, consisting of—

ø(i) the terms of the proposed designation;ø(ii) the basis of the findings made under section

303(a) of this title with respect to the area;ø(iii) an assessment of the considerations under sec-

tion 303(b)(1) of this title;ø(iv) proposed mechanisms to coordinate existing

regulatory and management authorities within thearea;

ø(v) the draft management plan detailing the pro-posed goals and objectives, management responsibil-ities, resource studies, interpretive and educationalprograms, and enforcement, including surveillance ac-tivities for the area;

ø(vi) an estimate of the annual cost of the proposeddesignation, including costs of personnel, equipmentand facilities, enforcement, research, and public edu-cation;

ø(vii) the draft environmental impact statement;ø(viii) an evaluation of the advantages of cooperative

State and Federal management if all or part of a pro-posed marine sanctuary is within the territorial limitsof any State or is superjacent to the subsoil and sea-bed within the seaward boundary of a State, as thatboundary is established under the Submerged LandsAct (43 U.S.C. 1301 et seq.); and

ø(ix) the proposed regulations referred to in sub-paragraph (A).¿

(C) on the same day the notice required by subparagraph(A) is submitted to the Office of the Federal Register, theSecretary shall submit a copy of the notice and the draftsanctuary designation documents prepared under para-graph (2) to the Committee on Resources of the House ofRepresentatives and the Committee on Commerce, Science,and Transportation of the Senate.

(2) SANCTUARY DESIGNATION DOCUMENTS.—The Secretaryshall prepare sanctuary designation documents on the proposalthat include the following:

(A) A draft environmental impact statement under para-graph (3).

(B) A management plan document, which the Secretaryshall make available to the public, containing—

(i) the terms of the proposed designation;(ii) proposed mechanisms to coordinate existing regu-

latory and management authorities within the area;(iii) the proposed goals and objectives, management

responsibilities, resource studies, and appropriate

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strategies for managing sanctuary resources, includinginnovative approaches such as marine zoning, interpre-tation and education, research, monitoring and assess-ment, resource protection, restoration, and enforcement(including surveillance activities for the area);

(iv) an evaluation of the advantages of cooperativeState and Federal management if all or part of a pro-posed marine sanctuary is within the territorial limitsof a State, or is superjacent to the subsoil and seabedwithin the seaward boundary of a State (as establishedunder the Submerged Lands Act (43 U.S.C. 1301 etseq.);

(v) an estimate of the annual cost to the Federal gov-ernment of the proposed designation, including costs ofpersonnel, equipment and facilities, enforcement, re-search, and public education; and

(vi) the regulations proposed under paragraph (1)(A).(C) Maps depicting the boundaries of the proposed sanc-

tuary.(D) A statement of the basis for the findings made under

section 303(b)(2).(E) An assessment of the considerations under section

303(b)(1).(F) A resource assessment that includes—

(i) present and potential uses of the area, includingcommercial and recreational fishing, research and edu-cation, minerals and energy development, subsistenceuses, and other commercial, governmental, or rec-reational uses;

(ii) a discussion, prepared after consultation with theSecretary of the Interior, of any commercial, govern-mental, or recreational resource uses in the areas thatare subject to the primary jurisidiction of the Depart-ment of the Interior; and

(iii) information prepared in consultation with theSecretary of Defense, the Secretary of Energy, and theAdministrator of the Environmental Protection Agency,on any past, present, or proposed future disposal ordischarge of materials in the vicinity of the proposedsanctuary.

ø(2)¿ (3) ENVIRONMENTAL IMPACT STATEMENT.—The Sec-retary shall—

(A) prepare a draft environmental impact statement, øasprovided by¿ under the National Environmental Policy Actof 1969 (42 U.S.C. 4321 et seq.), on the proposal that in-cludes the resource assessment report required under sec-tion 303(b)(3) of this title, maps depicting the boundariesof the proposed designated area, and the existing and po-tential uses and resources of the area; and

(B) make copies of the draft environmental impact state-ment available to the public.

ø(3)¿ (4) PUBLIC HEARING.—No sooner than thirty days afterissuing a notice under this subsection, the Secretary shall holdat least one public hearing in the coastal area or areas thatwill be most affected by the proposed designation of the area

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as a national marine sanctuary for the purpose of receiving theviews of interested parties.

ø(4)¿ (5) TERMS OF DESIGNATION.—The terms of designationof a sanctuary shall include the geographic area proposed to beincluded within the sanctuary, the characteristics of the areathat give it conservation, recreational, ecological, historical, re-search, educational, cultural, archaeological, or aesthesticvalue, and the types of activities that will be subject to regula-tion by the Secretary to protect those characteristics. Theterms of designation may be modified øonly by the same proce-dures by which the original designation is made.¿ by followingthe applicable procedures of the National Environmental PolicyAct of 1969 (42 U.S.C. 4321 et seq.) and chapter 5 of title 5,United States Code.

ø(5)¿ (6) FISHING REGULATIONS.—The Secretary shall providethe appropriate Regional Fishery Management Council withthe opportunity to prepare draft regulations for fishing withinthe Exclusive Economic Zone as the Council may deem nec-essary to implement the proposed designation. Draft regula-tions prepared by the Council, or a Council determination thatregulations are not necessary pursuant to this paragraph, shallbe accepted and issued as proposed regulations by the Sec-retary unless the Secretary finds that the Council’s action failsto fulfill the purposes and policies of this title and the goalsand objectives of this Act and the proposed designation. In pre-paring the draft regulations, a Regional Fishery ManagementCouncil shall use as guidance the national standards of section301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent thatthe standards are consistent and compatible with the goals andobjectives of the proposed designation. The Secretary shall pre-pare the fishing regulations, if the Council declines to make adetermination with respect to the need for regulations, makesa determination which is rejected by the Secretary, or fails toprepare the draft regulations in a timely manner. Any amend-ments to the fishing regulations shall be drafted, approved,and issued in the same manner as the original regulations.The Secretary shall also cooperate with other appropriate fish-ery management authorities with rights or responsibilitieswithin a proposed sanctuary at the earliest practicable stage indrafting any sanctuary fishing regulations.

ø(6)¿ (7) COMMITTEE ACTION.—After receiving the documentsunder subsection (a)(1)(C) of this section, the Committee onøMerchant Marine and Fisheries¿ Resources of the House ofRepresentatives and the Committee on Commerce, Science,and Transportation of the Senate may each hold hearings onthe proposed designation and on the matters set forth in thedocuments. If within the forty-five day period of continuoussession of Congress beginning on the date of submission of thedocuments, either Committee issues a report concerning mat-ters addressed in the documents, the Secretary shall considerthis report before publishing a notice to designate the nationalmarine sanctuary.

(b) TAKING EFFECT OF DESIGNATIONS.—(1) NOTICE.—In designating a national marine sanctuary, the

Secretary shall publish in the Federal Register notice of the

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designation together with final regulations to implement thedesignation and any other matters required by law, and submitsuch notice to the Congress. The Secretary shall advise thepublic of the availability of the final management plan and thefinal environmental impact statement with respect to suchsanctuary. The Secretary shall issue a notice of designationwith respect to a proposed national marine sanctuary site notlater than 30 months after the date a notice declaring the siteto be an active candidate for sanctuary designation is pub-lished in the Federal Register under regulations issued underthis Act, or shall publish not later than such date in the Fed-eral Register findings regarding why such notice has not beenpublished. No notice of designation may occur until the expira-tion of the period for Committee action under subsectionø(a)(6)¿ (a)(7) of this section. The designation (and any of itsterms not disapproved under this subsection) and regulationsshall take effect and become final after the close of a reviewperiod of forty-five days of continuous session of Congress be-ginning on the day on which such notice is published unless,in the case of a national marine sanctuary that is located par-tially or entirely within the seaward boundary of any State,the Governor affected certifies to the Secretary that the des-ignation or any of its terms is unacceptable, in which case thedesignation or the unacceptable term shall not take effect inthe area of the sanctuary lying within the seaward boundaryof the State.

(2) WITHDRAWAL OF DESIGNATION.—If the Secretary con-siders that actions taken under paragraph (1) will affect thedesignation of a national marine sanctuary or the national sys-tem in a manner that the goals and objectives of the sanctuaryor the national system cannot be fulfilled, the Secretary maywithdraw the entire designation. If the Secretary does notwithdraw the designation, only those terms of the designationnot certified under paragraph (1) shall take effect.

(3) PROCEDURES.—In computing the forty-five-day periods ofcontinuous session of Congress pursuant to subsection (a)(6) ofthis section and paragraph (1) of this subsection—

(A) continuity of session is broken only by an adjourn-ment of Congress sine die; and

(B) the days on which either House of Congress is notin session because of an adjournment of more than threedays to a day certain are excluded.

(c) ACCESS AND VALID RIGHTS.—(1) Nothing in this title shall be construed as terminating or

granting to the Secretary the right to terminate any validlease, permit, license, or right of subsistence use or of accessthat is in existence on the date of designation of any nationalmarine sanctuary.

(2) The exercise of a lease, permit, license, or right is subjectto regulation by the Secretary consistent with the purposes forwhich the sanctuary is designated.

(d) INTERAGENCY COOPERATION.—(1) REVIEW OF AGENCY ACTIONS.—

(A) IN GENERAL.—Federal agency actions internal or ex-ternal to a national marine sanctuary, including private

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activities authorized by licenses, leases, or permits, thatare likely to destroy, cause the loss of, or injure any sanc-tuary resource are subject to consultation with the Sec-retary.

(B) AGENCY STATEMENTS REQUIRED.—Subject to any reg-ulations the Secretary may establish each Federal agencyproposing an action described in subparagraph (A) shallprovide the Secretary with a written statement describingthe action and its potential effects on sanctuary resourcesat the earliest practicable time, but in no case later than45 days before the final approval of the action unless suchFederal agency and the Secretary agree to a differentschedule.

(2) SECRETARY’S RECOMMENDED ALTERNATIVES.—If the Sec-retary finds that a Federal agency action is likely to destroy,cause the loss of, or injure a sanctuary resource, the Secretaryshall (within 45 days of receipt of complete information on theproposed agency action) recommend reasonable and prudent al-ternatives, which may include conduct of the action elsewhere,which can be taken by the Federal agency in implementing theagency action that will protect sanctuary resources.

(3) RESPONSE TO RECOMMENDATIONS.—The agency head whoreceives the Secretary’s recommended alternatives under para-graph (2) shall promptly consult with the Secretary on the al-ternatives. If the agency head decides not to follow the alter-natives, the agency head shall provide the Secretary with awritten statement explaining the reasons for that decision.

(e) REVIEW OF MANAGEMENT PLANS.—Not more than five yearsafter the date of designation of any national marine sanctuary, andthereafter at intervals not exceeding five years, the Secretary shallevaluate the substantive progress toward implementing the man-agement plan and goals for the sanctuary, especially the effective-ness of site-specific management techniques, and shall revise themanagement plan and regulations as necessary to fulfill the pur-poses and policies of this title.SEC. 305. APPLICATION OF REGULATIONS; INTERNATIONAL NEGOTIA-

TIONS AND COOPERATION. [16 U.S.C. 1435](a) REGULATIONS.—This title and the regulations issued under

section 304 of this title shall be applied in accordance with gen-erally recognized principles of international law, and in accordancewith treaties, conventions, and other agreements to which theUnited States is a party. No regulation shall apply to or be en-forced against a person who is not a citizen, national, or residentalien of the United States, unless in accordance with—

(1) generally recognized principles of international law;(2) an agreement between the United States and the foreign

state of which the person is a citizen; or(3) an agreement between the United States and the flag

state of a foreign vessel, if the person is a crewmember of thevessel.

(b) NEGOTIATIONS.—The Secretary of State, in consultation withthe Secretary, shall take appropriate action to enter into negotia-tions with other governments to make necessary arrangements forthe protection of any national marine sanctuary and to promote thepurposes for which the sanctuary is established.

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(c) INTERNATIONAL COOPERATION.—The Secretary, in consultationwith the Secretary of State and other appropriate Federal agencies,shall cooperate with other governments and international organiza-tions in furtherance of the purposes and policies of this title andconsistent with applicable regional and mutilateral arrangementsfor the protection and management of special marine areas.SEC. 306. PROHIBITED ACTIVITIES. [16 U.S.C. 1436]

It is unlawful to—(1) destroy, cause the loss of, or injure any sanctuary re-

source managed under law or regulations for that sanctuary;(2) possess, øsell,¿ offer for sale, sell, purchase, import, ex-

port, deliver, carry, transport, or ship by any means any sanc-tuary resource taken in violation of this section;

ø(3) interfere with the enforcement of this title; or¿(3) interfere with the enforcement of this title by—

(A) refusing to permit any authorized officer to board avessel, other than a vessel operated by the Department ofDefense or United States Coast Guard, subject to such per-son’s control for the purpose of conducting a search or in-spection in connection with the enforcement of this title;

(B) assaulting, resisting, opposing, impeding, intimi-dating, or interfering with any authorized officer in theconduct of any search or inspection under this title;

(C) submitting false information to the Secretary or anyofficer authorized by the Secretary in connection with anysearch or inspection under this title; or

(D) assaulting, resisting, opposing, impeding, intimi-dating, harassing, bribing, or interfering with any personauthorized by the Secretary to implement the provisions ofthis title; or

(4) violate any provision of this title or any regulation or per-mit issued pursuant to this title.

SEC. 307. ENFORCEMENT. [16 U.S.C. 1437](a) IN GENERAL.—The Secretary shall conduct such enforcement

activities as are necessary and reasonable to carry out this title.(b) POWERS OF AUTHORIZED OFFICERS.—Any person who is au-

thorized to enforce this title may—(1) arrest any person, if there is reasonable cause to believe

that the person has committed an act prohibited by section306(3);

ø(1)¿ (2) board, search, inspect, and seize any vessel sus-pected of being used to violate this title or any regulation orpermit issued under this title and any equipment, stores, andcargo of such vessel;

ø(2)¿ (3) seize wherever found any sanctuary resource takenor retained in violation of this title or any regulation or permitissued under this title;

ø(3)¿ (4) seize any evidence of a violation of this title or ofany regulation or permit issued under this title;

ø(4)¿ (5) execute any warrant or other process issued by anycourt of competent jurisdiction; and

ø(5)¿ (6) exercise any other lawful authority.(c) CRIMINAL OFFENSES.—

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(1) IN GENERAL.—Violation of section 306(3) is punishable bya fine under title 18, United States Code, imprisonment for notmore than 6 months, or both.

(2) AGGRAVATED VIOLATIONS.—If a person in the course ofviolating section 306(3)—

(A) uses a dangerous weapon,(B) causes bodily injury to any person authorized to en-

force this title or to implement its provisions, or(C) causes such a person to fear imminent bodily injury,

then the violation is punishable by a fine under title 18, UnitedStates Code, imprisonment for not more than 10 years, orboth.’’;

ø(c)¿ (d) CIVIL PENALTIES.—(1) CIVIL PENALTY.—Any person subject to the jurisdiction of

the United States who violates this title or any regulation orpermit issued under this title shall be liable to the UnitedStates for a civil penalty of not more than $100,000 for eachsuch violation, to be assessed by the Secretary. Each day of acontinuing violation shall constitute a separate violation.

(2) NOTICE.—No penalty shall be assessed under this sub-section until after the person charged has been given noticeand an opportunity for a hearing.

(3) IN REM JURISDICTION.—A vessel used in violating thistitle or any regulation or permit issued under this title shallbe liable in rem for any civil penalty assessed for such viola-tion. Such penalty shall constitute a maritime lien on the ves-sel and may be recovered in an action in rem in the districtcourt of the United States having jurisdiction over the vessel.

(4) REVIEW OF CIVIL PENALTY.—Any person against whom acivil penalty is assessed under this subsection may obtain re-view in the United States district court for the appropriate dis-trict by filing a complaint in such court not later than 30 daysafter the date of such order.

(5) COLLECTION OF PENALTIES.—If any person fails to pay anassessment of a civil penalty under this section after it has be-come a final and unappealable order, or after the appropriatecourt has entered final judgment in favor of the Secretary, theSecretary shall refer the matter to the Attorney General, whoshall recover the amount assessed in any appropriate districtcourt of the United States. In such action, the validity and ap-propriateness of the final order imposing the civil penalty shallnot be subject to review.

(6) COMPROMISE OR OTHER ACTION BY SECRETARY.—The Sec-retary may compromise, modify, or remit, with or without con-ditions, any civil penalty which is or may be imposed underthis section.

(e) JUDICIAL CIVIL PENALTIES.—The Secretary may bring an ac-tion to access and collect any civil penalty for which a person is lia-ble under paragraph (d)(1) in the United States district court for thedistrict in which the person from whom the penalty is sought re-sides, in which such person’s principal place of business is located,or where the incident giving rise to civil penalties under this sectionoccurred.

ø(d)¿ (f) FORFEITURE.—

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(1) IN GENERAL.—Any vessel (including the vessel’s equip-ment, stores, and cargo) and other item used, and any sanc-tuary resource taken or retained, in any manner, in connectionwith or as a result of any violation of this title or of any regu-lation or permit issued under this title shall be subject to for-feiture to the United States pursuant to a civil proceedingunder this subsection. The proceeds from forfeiture actionsunder this subsection shall constitute a separate recovery inaddition to any amounts recovered as civil penalties under thissection or as civil damages under section 303 of this title. Noneof those proceeds shall be subject to set-off.

(2) APPLICATION OF THE CUSTOMS LAWS.—The Secretary mayexercise the authority of any United States official granted byany relevant customs law relating to the seizure, forfeiture,condemnation, disposition, remission, and mitigation of prop-erty in enforcing this title.

(3) DISPOSAL OF SANCTUARY RESOURCES.—Any sanctuary re-source seized pursuant to this title may be disposed of pursu-ant to an order of the appropriate court, or, if perishable, ina manner prescribed by regulations promulgated by the Sec-retary. Any proceeds from the sale of such sanctuary resourceshall for all purposes represent the sanctuary resource so dis-posed of in any subsequent legal proceedings.

(4) PRESUMPTION.—For the purposes of this section there isa rebuttable presumption that all sanctuary resources found onboard a vessel that is used or seized in connection with a viola-tion of this title or of any regulation or permit issued underthis title were taken or retained in violation of this title or ofa regulation or permit issued under this title.

ø(e)¿ (g) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.—(1) EXPENDITURES.—(A) Notwithstanding any other law, amounts received by the

United States as civil penalties, forfeitures of property, andcosts imposed under paragraph (2) shall be retained by theSecretary in the manner provided for in section 9607(f)(1) oftitle 42.

(B) Amounts received under this section for forfeitures andcosts imposed under paragraph (2) shall be used to pay thereasonable and necessary costs incurred by the Secretary toprovide temporary storage, care, maintenance, and disposal ofany sanctuary resource or other property seized in connectionwith a violation of this title or any regulation or permit issuedunder this title.

(C) Amounts received under this section as civil penaltiesand any amounts remaining after the operation of subpara-graph (B) shall be used, in order of priority, to—

(i) manage and improve the national marine sanctuarywith respect to which the violation occurred that resultedin the penalty or forfeiture;

(ii) pay a reward to any person who furnishes informa-tion leading to an assessment of a civil penalty, or to a for-feiture of property, for a violation of this title or any regu-lation or permit issued under this title; and

(iii) manage and improve any other national marinesanctuary.

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(2) LIABILITY FOR COSTS.—Any person assessed a civil pen-alty for a violation of this title or of any regulation or permitissued under this title, and any claimant in a forfeiture actionbrought for such a violation, shall be liable for the reasonablecosts incurred by the Secretary in storage, care, and mainte-nance of any sanctuary resource or other property seized inconnection with the violation.

ø(f)¿ (h) SUBPOENAS.—In the case of any hearing under this sec-tion which is determined on the record in accordance with the pro-cedures provided for under section 554 of title 5, the Secretary mayissue subpoenas for the attendance and testimony of witnesses andthe production of relevant papers, books, electronic files, and docu-ments, and may administer oaths.

(i) NATIONWIDE SERVICE OF PROCESS.—In any action by theUnited States under this chapter, process may be served in any dis-trict where the defendant is found, resides, transacts business, orhas appointed an agent for the service of process.

ø(g)¿ (j) USE OF RESOURCES OF STATE AND OTHER FEDERALAGENCIES.—The Secretary shall, whenever appropriate, use byagreement the personnel, services, and facilities of State and otherFederal departments, agencies, and instrumentalities, on a reim-bursable or nonreimbursable basis, to carry out the Secretary’s re-sponsibilities under this section.

ø(h)¿ (k) COAST GUARD AUTHORITY NOT LIMITED.—Nothing inthis section shall be considered to limit the authority of the CoastGuard to enforce this or any other Federal law under section 89 oftitle 14.

ø(i)¿ (l) INJUNCTIVE RELIEF.—If the Secretary determines thatthere is an imminent risk of destruction or loss of or injury to asanctuary resource, or that there has been actual destruction orloss of, or injury to, a sanctuary resource which may give rise toliability under section 303 of this title, the Attorney General, uponrequest of the Secretary, shall seek to obtain such relief as may benecessary to abate such risk or actual destruction, loss, or injury,or to restore or replace the sanctuary resource, or both. The districtcourts of the United States shall have jurisdiction in such a caseto order such relief as the public interest and the equities of thecase may require.

ø(j)¿ (m) AREA OF APPLICATION AND ENFORCEABILITY.—The areaof application and enforceability of this title includes the territorialsea of the United States, as described in Presidential Proclamation5928 of December 27, 1988, which is subject to the sovereignty ofthe United States, and the United States exclusive economic zone,consistent with international law.øSEC. 308. SEVERABILITY. [16 U.S.C. 1439]

øIf any provision of this Act or the application thereof to any per-son or circumstances is held invalid, the validity of the remainderof this Act and of the application of such provision to other personsand circumstances shall not be affected thereby.¿SEC. 308. REGULATIONS AND SEVERABILITY.

(a) REGULATIONS.—The Secretary may issue such regulations asmay be necessary to carry out this title.

(b) SEVERABILITY.—If any provision of this title, or the applicationthereof to any person or circumstance, is held invalid, the validity

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of the remainder of this title and of the application of that provisionto other persons and circumstances shall not be affected.øSEC. 309. RESEARCH, MONITORING, AND EDUCATION. [16 U.S.C. 1440]

ø(a) IN GENERAL.—The Secretary shall conduct research, moni-toring, evaluation, and education programs as are necessary andreasonable to carry out the purposes and policies of this title.

ø(b) PROMOTION AND COORDINATION OF SANCTUARY USE.—TheSecretary shall take such action as is necessary and reasonable topromote and coordinate the use of national marine sanctuaries forresearch, monitoring, and education purposes. Such action may in-clude consulting with Federal agencies, States, local governments,regional agencies, interstate agencies, or other persons to promoteuse of one or more sanctuaries for research, monitoring, and edu-cation, including coordination with the National Estuarine Re-search Reserve System.¿SEC. 309. RESEARCH, MONITORING, AND EDUCATION PROGRAMS AND

INTERPRETIVE FACILITIES.(a) IN GENERAL.—The Secretary shall conduct, support, or coordi-

nate research, monitoring, evaluation, and education programs nec-essary and reasonable to carry out the purposes and policies of thistitle.

(b) RESEARCH AND MONITORING.—The Secretary may support,promote, and coordinate appropriate research on, and long-termmonitoring of, the resources and human uses of marine sanctuaries,as is consistent with the purposes and policies of this title. In car-rying out this subsection the Secretary may consult with Federalagencies, States, local governments, regional agencies, interstateagencies, or other persons, and coordinate with the National Estua-rine Research Reserve System.

(c) EDUCATION AND INTERPRETIVE FACILITIES.—The Secretarymay establish facilities or displays—

(1) to promote national marine sanctuaries and the purposesand policies of this title; and

(2) either solely or in partnership with other persons, underan agreement under section 311.

SEC. 310. SPECIAL USE PERMITS. [16 U.S.C. 1441](a) ISSUANCE OF PERMITS.—The Secretary may issue special use

permits which authorize the conduct of specific activities in a na-tional marine sanctuary if the Secretary determines such author-ization is necessary—

(1) to establish conditions of access to and use of any sanc-tuary resource; or

(2) to promote public use and understanding of a sanctuaryresource.

(b) PUBLIC NOTICE REQUIRED.—The Secretary shall provide ap-propriate public notice before identifying any activity subject to aspecial use permit under subsection (a).

ø(b)¿ (c) PERMIT TERMS.—A permit issued under this section—(1) shall authorize the conduct of an activity only if that ac-

tivity is compatible with the purposes for which the sanctuaryis designated and with protection of sanctuary resources;

(2) shall not authorize the conduct of any activity for a pe-riod of more than 5 years unless renewed by the Secretary;

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(3) shall require that activities carried out under the permitbe conducted in a manner that does not destroy, cause the lossof, or injure sanctuary resources; and

(4) shall require the permittee to purchase and maintaincomprehensive general liability øinsurance¿ insurance, or postan equivalent bond, against claims arising out of activities con-ducted under the permit and to agree to hold the United Statesharmless against such claims.

ø(c)¿ (d) FEES.—(1) ASSESSMENT AND COLLECTION.—The Secretary may as-

sess and collect fees for the conduct of any activity under apermit issued under this section.

(2) AMOUNT.—The amount of a fee under this subsectionshall be equal to the sum of—

(A) costs incurred, or expected to be incurred, by the Sec-retary in issuing the permit;

(B) costs incurred, or expected to be incurred, by the Sec-retary as a direct result of the conduct of the activity forwhich the permit is issued, including costs of monitoringthe conduct of the activity; and

(C) an amount which represents the fair market value ofthe use of the sanctuary øresource and a reasonable returnto the United States Government.¿ resource.

(3) WAIVER OR REDUCTION OF FEES.—The Secretary maywaive or reduce fees under this subsection, or accept in-kindcontributions in lieu of fees under this subsection, for activitiesthat do not derive profit from the access to and use of sanctuaryresources or that the Secretary considers to be beneficial to thesystem.

ø(3)¿ (4) USE OF FEES.—Amounts collected by the Secretaryin the form of fees under this section may be used by theSecretary—

(A) for issuing and administering permits under this sec-tion; and

(B) for expenses of ødesignating and¿ managing nationalmarine sanctuaries.

ø(d)¿ (e) VIOLATIONS.—Upon violation of a term or condition of apermit issued under this section, the Secretary may—

(1) suspend or revoke the permit without compensation tothe permittee and without liability to the United States;

(2) assess a civil penalty in accordance with section 307 ofthis title; or

(3) both.ø(e)¿ (f) REPORTS.—Each person issued a permit under this sec-

tion shall submit an annual report to the Secretary not later thanDecember 31 of each year which describes activities conductedunder that permit and revenues derived from such activities duringthe year.

ø(f)¿ (g) FISHING.—Nothing in this section shall be considered torequire a person to obtain a permit under this section for the con-duct of any fishing activities in a national marine sanctuary.SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISI-

TIONS. [16 U.S.C. 1442](a) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREE-

MENTS.—The Secretary may enter into cooperative agreements, fi-

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nancial agreements, grants, contracts, or other agreements withStates, local governments, regional agencies, interstate agencies, orother persons to carry out the purposes and policies of this title.Notwithstanding any other provision of law to the contrary, the Sec-retary may apply for, accept, and use grants from Federal agencies,States, local governments, regional agencies, interstate agencies,foundations, or other persons, to carry out the purposes and policiesof this title.

(b) USE OF STATE AND FEDERAL AGENCY RESOURCES.—The Sec-retary may, whenever appropriate, use by agreement the personnel,services, or facilities of departments, agencies, and instrumentalitiesof the government of the United States or of any State or politicalsubdivision thereof on a reimbursable or non-reimbursable basis toassist in carrying out the purposes and policies of this title.

ø(b)¿ (c) AUTHORIZATION TO SOLICIT DONATIONS.—The Secretarymay enter into such agreements with any nonprofit organizationauthorizing the organization to solicit private donations to carryout the purposes and policies of this title.

ø(c)¿ (d) DONATIONS.—The Secretary may accept donations offunds, property, and services for use in designating and admin-istering national marine sanctuaries under this title. Donations ac-cepted under this section shall be considered as a gift or bequestto or for the use of the United States.

ø(d)¿ (e) ACQUISITIONS.—The Secretary may acquire by purchase,lease, or exchange, any land, facilities, or other property necessaryand appropriate to carry out the purposes and policies of this title.SEC. 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RE-

SOURCES. [16 U.S.C. 1443](a) LIABILITY.—

(1) LIABILITY TO UNITED STATES.—Any person who destroys,causes the loss of, or injures any sanctuary resource is liableto the United States for an amount equal to the sum of—

(A) the amount of response costs and damages resultingfrom the destruction, loss, or injury; and

(B) interest on that amount calculated in the manner de-scribed under section 2705 of title 33.

(2) LIABILITY IN REM.—Any vessel øused to destroy, cause theloss of, or injure¿ that destroys, causes the loss of, or injuresany sanctuary resource shall be liable in rem to the UnitedStates for response costs and damages resulting from such de-struction, loss, or injury. The amount of that liability shall con-stitute a maritime lien on the vessel and may be recovered inan action in rem in any district court of the United States thathas jurisdiction over the vessel.

(3) DEFENSES.—A person is not liable under this subsectionif that person establishes that—

(A) the destruction or loss of, or injury to, the sanctuaryresource was caused solely by an act of God, an act of war,or an act or omission of a third party, and the person actedwith due care;

(B) the destruction, loss, or injury was caused by an ac-tivity authorized by Federal or State law; or

(C) the destruction, loss, or injury was negligible.

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(4) LIMITS TO LIABILITY.—Nothing in sections 181 to 188 oftitle 46, Appendix, or section 192 of title 46, Appendix, shalllimit the liability of any person or vessel under this title.

(b) RESPONSE ACTIONS AND DAMAGE ASSESSMENT.—(1) RESPONSE ACTIONS.—The Secretary may undertake or au-

thorize all necessary actions to prevent or minimize the de-struction or loss of, or injury to, sanctuary resources, or to min-imize the imminent risk of such destruction, loss, or injury.

(2) DAMAGE ASSESSMENT.—The Secretary shall assess dam-ages (as defined in section 302(11)) to sanctuary resources inaccordance with section 302(6) of this title.

(c) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The At-torney General, upon request of the Secretary, may commence acivil action in the United States district court for the appropriatedistrict against any person or øvessel who¿ vessel that may be lia-ble under subsection (a) of this section for response costs and dam-ages. The Secretary, acting as trustee for sanctuary resources forthe United States, shall submit a request for such an action to theAttorney General whenever a øperson may¿ person or vessel maybe liable for such costs or damages.

(d) USE OF RECOVERED AMOUNTS.—Response costs and damagesrecovered by the Secretary under this section shall be retained bythe Secretary in the manner provided for in section 9607(f)(1) oftitle 42, and used by the Secretary as follows:

(1) RESPONSE COSTS AND DAMAGE ASSESSMENTS.—Twentypercent of amounts recovered under this section, up to a max-imum balance of $750,000, shall be used to finance responseactions and damage assessments by the Secretary.

(2) RESTORATION, REPLACEMENT, MANAGEMENT, AND IM-PROVEMENT.—Amounts remaining after the operation of para-graph (1) shall be used, in order of priority—

(A) to restore, replace, or acquire the equivalent of thesanctuary resources which were the subject of the action;

(B) to manage and improve the national marine sanc-tuary within which are located the sanctuary resourceswhich were the subject of the action; and

(C) to manage and improve any other national marinesanctuary.

(3) FEDERAL-STATE COORDINATION.—Amounts recoveredunder this section with respect to sanctuary resources lyingwithin the jurisdiction of a State shall be used under para-graphs (2)(A) and (B) in accordance with the court decree orsettlement agreement and an agreement entered into by theSecretary and the Governor of that State.

(4) STATUTE OF LIMITATIONS.—An action for response costsand damages under subsection (c) may not be brought morethan 2 years after the date of completion of the relevant damageassessment and restoration plan prepared by the Secretary.

SEC. 313. AUTHORIZATION OF APPROPRIATIONS. [16 U.S.C. 1444]There are authorized to be appropriated to the Secretary to carry

out this title—ø(1) $12,000,000 for fiscal year 1997;ø(2) $15,000,000 for fiscal year 1998; andø(3) $18,000,000 for fiscal year 1999.¿(1) $30,000,000 for fiscal year 2000;

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(2) $32,000,000 for fiscal year 2001;(3) $34,000,000 for fiscal year 2002;(4) $36,000,000 for fiscal year 2003;(5) $38,000,000 for fiscal year 2004; and(6) $40,000,000 for fiscal year 2005.

SEC. 314. U.S.S. MONITOR ARTIFACTS AND MATERIALS. [16 U.S.C. 1445](a) CONGRESSIONAL POLICY.—In recognition of the historical sig-

nificance of the wreck of the United States ship Monitor to coastalNorth Carolina and to the area off the coast of North Carolinaknown as the Graveyard of the Atlantic, the Congress directs thata suitable display of artifacts and materials from the United Statesship Monitor be maintained permanently at an appropriate site incoastal North Carolina.

ø(b) INTERPRETATION AND DISPLAY OF ARTIFACTS.—ø(1) SUBMISSION OF PLAN.—The Secretary shall, within six

months after November 7, 1988, submit to the Committee onMerchant Marine and Fisheries of the House of Representa-tives a plan for a suitable display in coastal North Carolina ofartifacts and materials of the United States ship Monitor.

ø(2) CONTENTS OF PLAN.—The plan submitted under sub-section (a) of this section shall, at a minimum, contain—

ø(A) an identification of appropriate sites in coastalNorth Carolina, either existing or proposed, for display ofartifacts and materials of the United States ship Monitor;

ø(B) an identification of suitable artifacts and materials,including artifacts recovered or proposed for recovery, fordisplay in coastal North Carolina;

ø(C) an interpretive plan for the artifacts and materialswhich focuses on the sinking, discovery, and subsequentmanagement of the wreck of the United States ship Mon-itor; and

ø(D) a draft cooperative agreement with the State ofNorth Carolina to implement the plan.¿

ø(c)¿ (b) DISCLAIMER.—This section shall not affect the following:(1) RESPONSIBILITIES OF SECRETARY.—The responsibilities of

the Secretary to provide for the protection, conservation, anddisplay of artifacts and materials from the United States shipMonitor.

(2) AUTHORITY OF SECRETARY.—The authority of the Sec-retary to designate the Mariner’s Museum, located at NewportNews, Virginia, as the principal museum for coordination of ac-tivities referred to in paragraph (1).

SEC. 315. ADVISORY COUNCILS. [16 U.S.C. 1445a](a) ESTABLISHMENT.—The Secretary may establish one or more

advisory councils (in this section referred to as an ‘‘Advisory Coun-cil’’) to øprovide assistance¿ advise and make recommendations tothe Secretary regarding the designation and management of na-tional marine sanctuaries. The Advisory Councils shall be exemptfrom the Federal Advisory Committee Act.

(b) MEMBERSHIP.—Members of the Advisory Councils may be ap-pointed from among—

(1) persons employed by Federal or State agencies with ex-pertise in management of natural resources;

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(2) members of relevant Regional Fishery ManagementCouncils established under section 1852 of this title; and

(3) representatives of local user groups, conservation andother public interest organizations, scientific organizations,educational organizations, or others interested in the protec-tion and multiple use management of sanctuary resources.

(c) LIMITS ON MEMBERSHIP.—For sanctuaries designated afterNovember 4, 1992, the membership of Advisory Councils shall belimited to no more than 15 members.

(d) STAFFING AND ASSISTANCE.—The Secretary may make avail-able to an Advisory Council any staff, information, administrativeservices, or assistance the Secretary determines are reasonably re-quired to enable the Advisory Council to carry out its functions.

(e) PUBLIC PARTICIPATION AND PROCEDURAL MATTERS.—The fol-lowing guidelines apply with respect to the conduct of businessmeetings of an Advisory Council:

(1) Each meeting shall be open to the public, and interestedpersons shall be permitted to present oral or written state-ments on items on the agenda.

(2) Emergency meetings may be held at the call of the chair-man or presiding officer.

(3) Timely notice of each meeting, including the time, place,and agenda of the meeting, shall be published locally and inthe Federal Register, except that in the case of a meeting ofan Advisory Council established to provide assistance regard-ing any individual national marine sanctuary the notice is notrequired to be published in the Federal Register.

(4) Minutes of each meeting shall be kept and contain a sum-mary of the attendees and matters discussed.

SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANC-TUARIES. [16 U.S.C. 1445b]

(a) AUTHORITY.—The Secretary may establish a program con-sisting of—

(1) the creation, adoption, and publication in the FederalRegister by the Secretary of a symbol for the national marinesanctuary program, or for individual national marine sanc-tuaries;

(2) the solicitation of persons to be designated as officialsponsors of the national marine sanctuary program or of indi-vidual national marine sanctuaries;

(3) the designation of persons by the Secretary as officialsponsors of the national marine sanctuary program or of indi-vidual sanctuaries;

(4) the authorization by the Secretary of the øuse¿ manufac-ture, reproduction, or other use of any symbol published underparagraph (1) by official sponsors of the national marine sanc-tuary program or of individual national marine øsanctuaries;¿sanctuaries or by persons that enter collaborative efforts withthe Secretary under subsection (f).

(5) the creation, marketing, and selling of products to pro-mote the national marine sanctuary program, and enteringinto exclusive or nonexclusive agreements authorizing entitiesto create, market or sell on the Secretary’s behalf;

(6) the solicitation and collection by the Secretary of mone-tary or in-kind contributions from official sponsors for the man-

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ufacture, reproduction or use of the øsymbols¿ symbols, includ-ing sale of items bearing the symbols, published under para-graph (1);

(7) the retention of any monetary or in-kind contributionscollected under paragraphs (5) and (6) by the Secretary; and

(8) the expenditure and use of any monetary and in-kindcontributions, without appropriation, by the Secretary to des-ignate and manage national marine sanctuaries. Monetary andin-kind contributions raised through the sale, marketing, oruse of symbols and products related to an individual nationalmarine sanctuary shall be used to support that sanctuary.

(b) CONTRACT AUTHORITY.—The Secretary may contract with anyperson for the creation of symbols or the solicitation of official spon-sors under subsection (a) of this section.

(c) COLLABORATIONS.—The Secretary may authorize the use of thesymbol described in subsection (a) by any person with which theSecretary is engaged in a collaborative effort to carry out the pur-poses and policies of this title.

ø(c)¿ (d) RESTRICTIONS.—The Secretary may restrict the use ofthe symbols published under subsection (a) of this section, and thedesignation of official sponsors of the national marine sanctuaryprogram or of individual national marine sanctuaries to ensurecompatibility with the goals of the national marine sanctuary pro-gram.

ø(d)¿ (e) PROPERTY OF UNITED STATES.—Any symbol which isadopted by the Secretary and published in the Federal Registerunder subsection (a) of this section is deemed to be the propertyof the United States.

ø(e)¿ (f) 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 Federalofficial related to the designation or management of a nationalmarine sanctuary, except to the extent that a person who isnot so designated may do so;

(2) to represent himself or herself to be an official sponsorabsent a designation by the Secretary;

(3) to manufacture, reproduce, or use any symbol adopted bythe Secretary absent designation as an official sponsor andwithout payment of a monetary or in-kind contribution to theøSecretary; and¿ Secretary, or without prior authorizationunder subsection (a)(4); or

(4) to violate any regulation promulgated by the Secretaryunder this section.

(g) AUTHORIZATION FOR NON-PROFIT ORGANIZATION TO SOLICITSPONSORS.—

(1) IN GENERAL.—The Secretary may enter into an agreementwith a non-profit organization authorizing it to assist in the ad-ministration of the sponsorship program established under thissection. Under an agreement entered into under this paragraph,the Secretary may authorize the non-profit organization to so-licit persons to be official sponsors of the national marine sanc-tuary program or of individual national marine sanctuaries,upon such terms as the Secretary deems reasonable and willcontribute to the successful administration of the sanctuary sys-tem. The Secretary may also authorize the non-profit organiza-

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tion to collect the statutory contribution from the sponsor, and,subject to paragraph (2), transfer the contribution to the Sec-retary.

(2) REIMBURSEMENT FOR ADMINISTRATIVE COSTS.—Under theagreement entered into under paragraph (1), the Secretary mayauthorize the non-profit organization to retain not more than 5percent of the amount of monetary contributions it receives fromofficial sponsors under the agreement to offset the administra-tive costs of the organization in soliciting sponsors.

Æ

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