[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Enrolled Bill (ENR)]
S.1482
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the National Marine Sanctuaries Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``National Marine Sanctuaries
Amendments Act of 2000''.

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Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment or repeal to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

ca73c83897cfd0395fcf90d0d7dffd7b29a8222e10631aa0edcbb4d3764cdb3c

SYSTEM.
(a) Clerical Amendment.--The heading for section 301 (16 U.S.C.
1431) is amended to read as follows:
``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF
SYSTEM.''.
(b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
(1) in paragraph (2) by striking ``research, educational, or
esthetic'' and inserting ``scientific, educational, cultural,
archeological, or esthetic'';
(2) in paragraph (3) by adding ``and'' after the semicolon; and
(3) by striking paragraphs (4), (5), and (6) and inserting the
following:
``(4) a Federal program which establishes areas of the marine
environment which have special conservation, recreational,
ecological, historical, cultural, archeological, scientific,
educational, or esthetic qualities as national marine sanctuaries
managed as the National Marine Sanctuary System will--
``(A) improve the conservation, understanding, management,
and wise and sustainable use of marine resources;
``(B) enhance public awareness, understanding, and
appreciation of the marine environment; and
``(C) maintain for future generations the habitat, and
ecological services, of the natural assemblage of living
resources that inhabit these areas.''.
(c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is
amended--
(1) by striking ``significance;'' in paragraph (1) and
inserting ``significance and to manage these areas as the National
Marine Sanctuary System;'';
(2) by striking paragraphs (3), (4), and (9);
(3) by redesignating paragraphs (5) through (8) as paragraphs
(6) through (9), respectively;
(4) by inserting after paragraph (2) the following:
``(3) to maintain the natural biological communities in the
national marine sanctuaries, and to protect, and, where
appropriate, restore and enhance natural habitats, populations, and
ecological processes;
``(4) to enhance public awareness, understanding, appreciation,
and wise and sustainable use of the marine environment, and the
natural, historical, cultural, and archeological resources of the
National Marine Sanctuary System;
``(5) to support, promote, and coordinate scientific research
on, and long-term monitoring of, the resources of these marine
areas;'';
(5) in paragraph (8), as redesignated, by striking ``areas;''
and inserting ``areas, including the application of innovative
management techniques; and''; and
(6) in paragraph (9), as redesignated, by striking ``; and''
and inserting a period.
(d) Establishment of System.--Section 301 is amended by adding at
the end the following:
``(c) Establishment of System.--There is established the National
Marine Sanctuary System, which shall consist of national marine
sanctuaries designated by the Secretary in accordance with this
title.''.

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(a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is
amended--
(1) by striking ``and'' after the semicolon at the end of
subparagraph (B); and
(2) by adding after subparagraph (C) the following:
``(D) the cost of curation and conservation of
archeological, historical, and cultural sanctuary resources;
and
``(E) the cost of enforcement actions undertaken by the
Secretary in response to the destruction or loss of, or injury
to, a sanctuary resource;''.
(b) Response Costs.--Paragraph (7) of such section is amended by
inserting ``, including costs related to seizure, forfeiture, storage,
or disposal arising from liability under section 312'' after ``injury''
the second place it appears.
(c) Sanctuary Resource.--Paragraph (8) of such section is amended
by striking ``research, educational,'' and inserting ``educational,
cultural, archeological, scientific,''.
(d) System.--Such section is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) `System' means the National Marine Sanctuary System
established by section 301.''.

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(a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended
to read as follows:
``(1) determines that--
``(A) the designation will fulfill the purposes and
policies of this title;
``(B) the area is of special national significance due to--
``(i) its conservation, recreational, ecological,
historical, scientific, cultural, archeological,
educational, or esthetic qualities;
``(ii) the communities of living marine resources it
harbors; or
``(iii) its resource or human-use values;
``(C) existing State and Federal authorities are inadequate
or should be supplemented to ensure coordinated and
comprehensive conservation and management of the area,
including resource protection, scientific research, and public
education;
``(D) designation of the area as a national marine
sanctuary will facilitate the objectives in subparagraph (C);
and
``(E) the area is of a size and nature that will permit
comprehensive and coordinated conservation and management;
and''.
(b) Factors; Repeal of Report Requirement.--Section 303(b) (16
U.S.C. 1433(b)) is amended--
(1) in paragraph (1) by striking ``and'' at the end of
subparagraph (H), by striking the period at the end of subparagraph
(I) and inserting a semicolon, and by adding at the end the
following:
``(J) the area's scientific value and value for monitoring
the resources and natural processes that occur there;
``(K) the feasibility, where appropriate, of employing
innovative management approaches to protect sanctuary resources
or to manage compatible uses; and
``(L) the value of the area as an addition to the
System.''; and
(2) by striking paragraph (3).

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IMPLEMENTATION.
(a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as
follows:
``(C) no later than the day on which the notice required
under subparagraph (A) is submitted to the Office of the
Federal Register, the Secretary shall submit a copy of that
notice and the draft sanctuary designation documents prepared
pursuant to section 304(a)(2), including an executive summary,
to the Committee on Resources of the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Governor of each State in which any part of the
proposed sanctuary would be located.''.
(b) Sanctuary Designation.--Section 304(a)(2) (16 U.S.C.
1434(a)(2)) is amended to read as follows:
``(2) Sanctuary designation documents.--The Secretary shall
prepare and make available to the public sanctuary designation
documents on the proposal that include the following:
``(A) A draft environmental impact statement pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(B) A resource assessment that documents--
``(i) present and potential uses of the area, including
commercial and recreational fishing, research and
education, minerals and energy development, subsistence
uses, and other commercial, governmental, or recreational
uses;
``(ii) after consultation with the Secretary of the
Interior, any commercial, governmental, or recreational
resource uses in the areas that are subject to the primary
jurisdiction of the Department of the Interior; and
``(iii) information prepared in consultation with the
Secretary of Defense, the Secretary of Energy, and the
Administrator of the Environmental Protection Agency, on
any past, present, or proposed future disposal or discharge
of materials in the vicinity of the proposed sanctuary.
Public disclosure by the Secretary of such information shall be
consistent with national security regulations.
``(C) A draft management plan for the proposed national
marine sanctuary that includes the following:
``(i) The terms of the proposed designation.
``(ii) Proposed mechanisms to coordinate existing
regulatory and management authorities within the area.
``(iii) The proposed goals and objectives, management
responsibilities, resource studies, and appropriate
strategies for managing sanctuary resources of the proposed
sanctuary, including interpretation and education,
innovative management strategies, research, monitoring and
assessment, resource protection, restoration, enforcement,
and surveillance activities.
``(iv) An evaluation of the advantages of cooperative
State and Federal management if all or part of the proposed
sanctuary is within the territorial limits of any State or
is superjacent to the subsoil and seabed within the seaward
boundary of a State, as that boundary is established under
the Submerged Lands Act (43 U.S.C. 1301 et seq.).
``(v) An estimate of the annual cost to the Federal
Government of the proposed designation, including costs of
personnel, equipment and facilities, enforcement, research,
and public education.
``(vi) The proposed regulations referred to in
paragraph (1)(A).
``(D) Maps depicting the boundaries of the proposed
sanctuary.
``(E) The basis for the findings made under section 303(a)
with respect to the area.
``(F) An assessment of the considerations under section
303(b)(1).''.
(c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C.
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary''
the second place it appears.
(d) Federal Agency Actions Affecting Sanctuary Resources.--Section
304(d) (16 U.S.C. 1434(d)) is amended by adding at the end the
following:
``(4) Failure to follow alternative.--If the head of a Federal
agency takes an action other than an alternative recommended by the
Secretary and such action results in the destruction of, loss of,
or injury to a sanctuary resource, the head of the agency shall
promptly prevent and mitigate further damage and restore or replace
the sanctuary resource in a manner approved by the Secretary.''.
(e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
(1) by striking ``management techniques,'' and inserting
``management techniques and strategies,''; and
(2) by adding at the end the following: ``This review shall
include a prioritization of management objectives.''.
(f) Limitation on Designation of New Sanctuaries.--Section 304 (16
U.S.C. 1434) is amended by adding at the end the following:
``(f) Limitation on Designation of New Sanctuaries.--
``(1) Finding required.--The Secretary may not publish in the
Federal Register any sanctuary designation notice or regulations
proposing to designate a new sanctuary, unless the Secretary has
published a finding that--
``(A) the addition of a new sanctuary will not have a
negative impact on the System; and
``(B) sufficient resources were available in the fiscal
year in which the finding is made to--
``(i) effectively implement sanctuary management plans
for each sanctuary in the System; and
``(ii) complete site characterization studies and
inventory known sanctuary resources, including cultural
resources, for each sanctuary in the System within 10 years
after the date that the finding is made if the resources
available for those activities are maintained at the same
level for each fiscal year in that 10 year period.
``(2) Deadline.--If the Secretary does not submit the findings
required by paragraph (1) before February 1, 2004, the Secretary
shall submit to the Congress before October 1, 2004, a finding with
respect to whether the requirements of paragraph (2) have been met
by all existing sanctuaries.
``(3) Limitation on application.--Paragraph (1) does not apply
to any sanctuary designation documents for--
``(A) a Thunder Bay National Marine Sanctuary; or
``(B) a Northwestern Hawaiian Islands National Marine
Sanctuary.''.
(g) Northwestern Hawaiian Islands Coral Reef Reserve.--
(1) Presidential designation.--The President, after
consultation with the Governor of the State of Hawaii, may
designate any Northwestern Hawaiian Islands coral reef or coral
reef ecosystem as a coral reef reserve to be managed by the
Secretary of Commerce.
(2) Secretarial action.--Upon the designation of a reserve
under paragraph (1) by the President, the Secretary shall--
(A) take action to initiate the designation of the reserve
as a National Marine Sanctuary under sections 303 and 304 of
the National Marine Sanctuaries Act (16 U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands Reserve
Advisory Council under section 315 of that Act (16 U.S.C.
1445a), the membership of which shall include at least 1
representative from Native Hawaiian groups; and
(C) until the reserve is designated as a National Marine
Sanctuary, manage the reserve in a manner consistent with the
purposes and policies of that Act.
(3) Public comment.--Notwithstanding any other provision of
law, no closure areas around the Northwestern Hawaiian Islands
shall become permanent without adequate review and comment.
(4) Coordination.--The Secretary shall work with other Federal
agencies and the Director of the National Science Foundation, to
develop a coordinated plan to make vessels and other resources
available for conservation or research activities for the reserve.
(5) Review.--If the Secretary has not designated a national
marine sanctuary in the Northwestern Hawaiian Islands under
sections 303 and 304 of the National Marine Sanctuaries Act (16
U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall
conduct a review of the management of the reserve under section
304(e) of that Act (16 U.S.C. 1434(e)).
(6) Report.--No later than 6 months after the date of enactment
of this Act, the Secretary shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Resources, describing actions taken to
implement this subsection, including costs of monitoring,
enforcing, and addressing marine debris, and the extent to which
the fiscal or other resources necessary to carry out this
subsection are reflected in the Budget of the United States
Government submitted by the President under section 1104 of title
31, United States Code.
(7) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary of Commerce to carry out the
provisions of this subsection such sums, not exceeding $4,000,000
for each of fiscal years 2001, 2002, 2003, 2004, and 2005, as are
reported under paragraph (6) to be reflected in the Budget of the
United States Government.

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Section 306 (16 U.S.C. 1436) is amended--
(1) in the matter preceding paragraph (1) by inserting ``for
any person'' after ``unlawful'';
(2) in paragraph (2) by inserting ``offer for sale, purchase,
import, export,'' after ``sell,''; and
(3) by amending paragraph (3) to read as follows:
``(3) interfere with the enforcement of this title by--
``(A) refusing to permit any officer authorized to enforce
this title to board a vessel, other than a vessel operated by
the Department of Defense or United States Coast Guard, subject
to such person's control for the purposes of conducting any
search or inspection in connection with the enforcement of this
title;
``(B) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
any person authorized by the Secretary to implement this title
or any such authorized officer in the conduct of any search or
inspection performed under this title; or
``(C) knowingly and willfully submitting false information
to the Secretary or any officer authorized to enforce this
title in connection with any search or inspection conducted
under this title; or''.

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(a) Powers of Authorized Officers To Arrest.--Section 307(b) (16
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at
the end of paragraph (4), by striking the period at the end of
paragraph (5) and inserting ``; and'', and by adding at the end the
following:
``(6) arrest any person, if there is reasonable cause to
believe that such person has committed an act prohibited by section
306(3).''.
(b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by
redesignating subsections (c) through (j) in order as subsections (d)
through (k), and by inserting after subsection (b) the following:
``(c) Criminal Offenses.--
``(1) Offenses.--A person is guilty of an offense under this
subsection if the person commits any act prohibited by section
306(3).
``(2) Punishment.--Any person that is guilty of an offense
under this subsection--
``(A) except as provided in subparagraph (B), shall be
fined under title 18, United States Code, imprisoned for not
more than 6 months, or both; or
``(B) in the case of a person who in the commission of such
an offense uses a dangerous weapon, engages in conduct that
causes bodily injury to any person authorized to enforce this
title or any person authorized to implement the provisions of
this title, or places any such person in fear of imminent
bodily injury, shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.''.
(c) Subpoenas of Electronic Files.--Subsection (g) of section 307
(16 U.S.C. 1437), as redesignated by this section, is amended by
inserting ``electronic files,'' after ``books,''.
(d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is
amended by adding at the end the following:
``(l) Nationwide Service of Process.--In any action by the United
States under this title, process may be served in any district where
the defendant is found, resides, transacts business, or has appointed
an agent for the service of process.''.

95067c60dcdbb3cb4b950747eca61813866ea16512b5ea3b36896f480af3dc54

Section 308 (16 U.S.C. 1439) is amended to read as follows:
``SEC. 308. REGULATIONS.
``The Secretary may issue such regulations as may be necessary to
carry out this title.''.

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Section 309 (16 U.S.C. 1440) is amended to read as follows:
``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
``(a) In General.--The Secretary shall conduct, support, or
coordinate research, monitoring, evaluation, and education programs
consistent with subsections (b) and (c) and the purposes and policies
of this title.
``(b) Research and Monitoring.--
``(1) In general.--The Secretary may--
``(A) support, promote, and coordinate research on, and
long-term monitoring of, sanctuary resources and natural
processes that occur in national marine sanctuaries, including
exploration, mapping, and environmental and socioeconomic
assessment;
``(B) develop and test methods to enhance degraded habitats
or restore damaged, injured, or lost sanctuary resources; and
``(C) support, promote, and coordinate research on, and the
conservation, curation, and public display of, the cultural,
archeological, and historical resources of national marine
sanctuaries.
``(2) Availability of results.--The results of research and
monitoring conducted, supported, or permitted by the Secretary
under this subsection shall be made available to the public.
``(c) Education.--
``(1) In general.--The Secretary may support, promote, and
coordinate efforts to enhance public awareness, understanding, and
appreciation of national marine sanctuaries and the System. Efforts
supported, promoted, or coordinated under this subsection must
emphasize the conservation goals and sustainable public uses of
national marine sanctuaries and the System.
``(2) Educational activities.--Activities under this subsection
may include education of the general public, teachers, students,
national marine sanctuary users, and ocean and coastal resource
managers.
``(d) Interpretive Facilities.--
``(1) In general.--The Secretary may develop interpretive
facilities near any national marine sanctuary.
``(2) Facility requirement.--Any facility developed under this
subsection must emphasize the conservation goals and sustainable
public uses of national marine sanctuaries by providing the public
with information about the conservation, recreational, ecological,
historical, cultural, archeological, scientific, educational, or
esthetic qualities of the national marine sanctuary.
``(e) Consultation and Coordination.--In conducting, supporting,
and coordinating research, monitoring, evaluation, and education
programs under subsection (a) and developing interpretive facilities
under subsection (d), the Secretary may consult or coordinate with
Federal, interstate, or regional agencies, States or local
governments.''.

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Section 310 (16 U.S.C. 1441) is amended--
(1) by redesignating subsections (b) through (f) as subsections
(c) through (g), and by inserting after subsection (a) the
following:
``(b) Public Notice Required.--The Secretary shall provide
appropriate public notice before identifying any category of activity
subject to a special use permit under subsection (a).'';
(2) by striking ``insurance'' in paragraph (4) of subsection
(c), as redesignated, and inserting ``insurance, or post an
equivalent bond,'';
(3) by striking ``resource and a reasonable return to the
United States Government.'' in paragraph (2)(C) of subsection (d),
as redesignated, and inserting ``resource.'';
(4) in subsection (d)(3)(B), as redesignated, by striking
``designating and''; and
(5) in subsection (d), as redesignated, by inserting after
paragraph (3) the following:
``(4) Waiver or reduction of fees.--The Secretary may accept
in-kind contributions in lieu of a fee under paragraph (2)(C), or
waive or reduce any fee assessed under this subsection for any
activity that does not derive profit from the access to or use of
sanctuary resources.''.

5e1839ed6fe51c0bf13da5a4d24a15bc06c1b0479a2851c1695f83dcc78f246e

(a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is
amended to read as follows:
``(a) Agreements and Grants.--The Secretary may enter into
cooperative agreements, contracts, or other agreements with, or make
grants to, States, local governments, regional agencies, interstate
agencies, or other persons to carry out the purposes and policies of
this title.''.
(b) Use of Resources From Other Government Agencies.--Section 311
(16 U.S.C. 1442) is amended by adding at the end the following:
``(e) Use of Resources of Other Government Agencies.--The Secretary
may, whenever appropriate, enter into an agreement with a State or
other Federal agency to use the personnel, services, or facilities of
such agency on a reimbursable or nonreimbursable basis, to assist in
carrying out the purposes and policies of this title.
``(f) Authority To Obtain Grants.--Notwithstanding any other
provision of law that prohibits a Federal agency from receiving
assistance, the Secretary may apply for, accept, and use grants from
other Federal agencies, States, local governments, regional agencies,
interstate agencies, foundations, or other persons, to carry out the
purposes and policies of this title.''.

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INJURY.
(a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is
amended--
(1) by inserting ``(1)'' before the first sentence;
(2) in paragraph (1) (as so designated) in the first sentence
by striking ``in the United States district court for the
appropriate district''; and
(3) by adding at the end the following:
``(2) An action under this subsection may be brought in the United
States district court for any district in which--
``(A) the defendant is located, resides, or is doing business,
in the case of an action against a person;
``(B) the vessel is located, in the case of an action against a
vessel; or
``(C) the destruction of, loss of, or injury to a sanctuary
resource occurred.''.
(b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d))
is amended by striking paragraphs (1) and (2) and inserting the
following:
``(1) Response costs.--Amounts recovered by the United States
for costs of response actions and damage assessments under this
section shall be used, as the Secretary considers appropriate--
``(A) to reimburse the Secretary or any other Federal or
State agency that conducted those activities; and
``(B) after reimbursement of such costs, to restore,
replace, or acquire the equivalent of any sanctuary resource.
``(2) Other amounts.--All other amounts recovered shall be
used, in order of priority--
``(A) to restore, replace, or acquire the equivalent of the
sanctuary resources that were the subject of the action,
including for costs of monitoring and the costs of curation and
conservation of archeological, historical, and cultural
sanctuary resources;
``(B) to restore degraded sanctuary resources of the
national marine sanctuary that was the subject of the action,
giving priority to sanctuary resources and habitats that are
comparable to the sanctuary resources that were the subject of
the action; and
``(C) to restore degraded sanctuary resources of other
national marine sanctuaries.''.
(c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is
amended by adding at the end the following:
``(e) Statute of Limitations.--An action for response costs or
damages under subsection (c) shall be barred unless the complaint is
filed within 3 years after the date on which the Secretary completes a
damage assessment and restoration plan for the sanctuary resources to
which the action relates.''.

f24d480c59059d785494aca5f7f9e34380805efc6049ef49a4552519ca7a787b

Section 313 (16 U.S.C. 1444) is amended to read as follows:
``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) to carry out this title--
``(A) $32,000,000 for fiscal year 2001;
``(B) $34,000,000 for fiscal year 2002;
``(C) $36,000,000 for fiscal year 2003;
``(D) $38,000,000 for fiscal year 2004;
``(E) $40,000,000 for fiscal year 2005; and
``(2) for construction projects at national marine sanctuaries,
$6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and
2005.''.

4aaa81c48a56f654931c1fd3453a6b046319cf38c25ddf456babd11ad0e36b8b

Section 314 (16 U.S.C. 1445) is amended by striking subsection (b)
and redesignating subsection (c) as subsection (b).

a50687f8d4a7bc08bba0d990545c68be3867f4f258566776ac7e6025e2660406

Section 315 (16 U.S.C. 1445a) is amended by striking ``provide
assistance'' in subsection (a) and inserting ``advise and make
recommendations''.

9f795b50a10a407e5fa55d8bdf2a61da00748634912476c30b5461e21fae6846

Section 316 (16 U.S.C. 1445b) is amended--
(1) in subsection (a)(1), by inserting ``or the System'' after
``sanctuaries'';
(2) in subsection (a)(4) by striking ``use of any symbol
published under paragraph (1)'' and inserting ``manufacture,
reproduction, or other use of any symbol published under paragraph
(1), including the sale of items bearing such a symbol,'';
(3) by amending subsection (e)(3) to read as follows:
``(3) to manufacture, reproduce, or otherwise use any symbol
adopted by the Secretary under subsection (a)(1), including to sell
any item bearing such a symbol, unless authorized by the Secretary
under subsection (a)(4) or subsection (f); or''; and
(4) by adding at the end the following:
``(f) Collaborations.--The Secretary may authorize the use of a
symbol adopted by the Secretary under subsection (a)(1) by any person
engaged in a collaborative effort with the Secretary to carry out the
purposes and policies of this title and to benefit a national marine
sanctuary or the System.
``(g) Authorization for Non-Profit Partner Organization To Solicit
Sponsors.--
``(1) In general.--The Secretary may enter into an agreement
with a non-profit partner organization authorizing it to assist in
the administration of the sponsorship program established under
this section. Under an agreement entered into under this paragraph,
the Secretary may authorize the non-profit partner organization to
solicit persons to be official sponsors of the national marine
sanctuary system or of individual national marine sanctuaries, upon
such terms as the Secretary deems reasonable and will contribute to
the successful administration of the sanctuary system. The
Secretary may also authorize the non-profit partner organization to
collect the statutory contribution from the sponsor, and, subject
to paragraph (2), transfer the contribution to the Secretary.
``(2) Reimbursement for administrative costs.--Under the
agreement entered into under paragraph (1), the Secretary may
authorize the non-profit partner organization to retain not more
than 5 percent of the amount of monetary contributions it receives
from official sponsors under the agreement to offset the
administrative costs of the organization in soliciting sponsors.
``(3) Partner organization defined.--In this subsection, the
term `partner organization' means an organization that--
``(A) draws its membership from individuals, private
organizations, corporations, academic institutions, or State
and local governments; and
``(B) is established to promote the understanding of,
education relating to, and the conservation of the resources of
a particular sanctuary or 2 or more related sanctuaries.''.

40aefe6a0f66e156669775b29045ff43d1f5ccdab6374a4667ff1b66fec81c1f

The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is
amended by inserting after section 317 the following:
``SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.
``(a) Establishment.--The Secretary shall establish and administer
through the National Ocean Service the Dr. Nancy Foster Scholarship
Program. Under the program, the Secretary shall award graduate
education scholarships in oceanography, marine biology or maritime
archeology, to be known as Dr. Nancy Foster Scholarships.
``(b) Purposes.--The purposes of the Dr. Nancy Foster Scholarship
Program are--
``(1) to recognize outstanding scholarship in oceanography,
marine biology, or maritime archeology, particularly by women and
members of minority groups; and
``(2) to encourage independent graduate level research in
oceanography, marine biology, or maritime archeology.
``(c) Award.--Each Dr. Nancy Foster Scholarship--
``(1) shall be used to support graduate studies in
oceanography, marine biology, or maritime archeology at a graduate
level institution of higher education; and
``(2) shall be awarded in accordance with guidelines issued by
the Secretary.
``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster
Scholarship shall be provided directly to a recipient selected by the
Secretary upon receipt of certification that the recipient will adhere
to a specific and detailed plan of study and research approved by a
graduate level institution of higher education.
``(e) Funding.--Of the amount available each fiscal year to carry
out this title, the Secretary shall award 1 percent as Dr. Nancy Foster
Scholarships.
``(f) Scholarship Repayment Requirement.--The Secretary shall
require an individual receiving a scholarship under this section to
repay the full amount of the scholarship to the Secretary if the
Secretary determines that the individual, in obtaining or using the
scholarship, engaged in fraudulent conduct or failed to comply with any
term or condition of the scholarship.
``(g) Maritime Archeology Defined.--In this section the term
`maritime archeology' includes the curation, preservation, and display
of maritime artifacts.''.

efb7e16d05c1c6beba71c805aa48ae5f4312322c38a93c69ac2da2ad444d22f9

(a) Correction of References to Former Committee.--The following
provisions are amended by striking ``Merchant Marine and Fisheries''
and inserting ``Resources'':
(1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).
(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
(b) Correction of Reference to Renamed Act.--(1) Section 302(2) is
amended to read as follows:
``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);''.
(2) Section 302(9) is amended by striking ``Magnuson Fishery
Conservation and Management Act'' and inserting ``Magnuson-Stevens
Act''.
(3) Section 303(b)(2)(D) is amended by striking ``Magnuson Act''
and inserting ``Magnuson-Stevens Act''.
(4) Section 304(a)(5) is amended by striking ``Magnuson Act'' and
inserting ``Magnuson-Stevens Act''.
(5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by
striking ``Magnuson Fishery Conservation and Management Act'' and
inserting ``Magnuson-Stevens Act''.
(c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is
amended by striking ``United States'' and inserting ``united states''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0cd436d6c6f5ad128949857de3c98b2767114bd45d4be97d09f67036c563c052

National Marine Sanctuaries Amendments Act of 2000

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