[DOCID: f:sr511.110]
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110th Congress
2d Session SENATE Report
110-511
_______________________________________________________________________
Calendar No. 1094
THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY
MODIFICATION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2281
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September 26 (legislative day, September 17), 2008.--Ordered to be
printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West KAY BAILEY HUTCHISON, Texas
Virginia TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 1094
110th Congress Report
SENATE
2d Session 110-511
======================================================================
THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY
MODIFICATION ACT
_______
September 26 (legislative day, September 17), 2008.--Ordered to be
printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2281]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2281) to expand the boundaries
of the Thunder Bay National Marine Sanctuary and Underwater
Preserve, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 2281, the Thunder Bay National Marine
Sanctuary and Underwater Preserve Boundary Modification Act, is
to extend the boundaries of the Thunder Bay National Marine
Sanctuary and Underwater Preserve to encompass the offshore
waters of Presque Isle and Alcona counties, Michigan, and
outward to the international border between the United States
and Canada, and to provide protection for the underwater
cultural resources.
BACKGROUND AND NEEDS
In 1972, Congress passed the Marine Protection, Research, and
Sanctuaries Act (MPRSA) of 1972 (16 U.S.C. 1431 et seq.). Title
III of that statute authorized the Secretary of Commerce to
designate and permanently protect areas of national
significance within the marine environment due to the
importance of their conservation, recreational, ecological,
historical, scientific, cultural, archeological, educational,
or aesthetic qualities. In 1992, under title II of the Oceans
Act (P.L. 102-587, the National Marine Sanctuaries Act (NMSA)),
amended the MPRSA process for considering sanctuary designation
standards and procedures. Currently, a total of thirteen
national marine sanctuaries and one national marine monument
encompass more than 150,000 square miles of marine and Great
Lakes waters. Sanctuaries vary in size from one square mile to
137,792 square miles.
The NMSA also established the National Marine Sanctuary
Program (NMSP), which is responsible for identifying,
designating, and managing ocean and Great Lakes areas as
national marine sanctuaries. The NMSP has the authority to
issue regulations for each sanctuary to specify the types of
activities that can and cannot occur within sanctuary
boundaries, which have the effect and enforceability of law. A
designation document is prepared as part of a sanctuary's
designation process, which defines: (1) The area of the
sanctuary; (2) the characteristics of the area that give it
value; and (3) the types of activities that will be subject to
regulation to protect those characteristics. The National
Oceanic and Atmospheric Administration (NOAA) is authorized to
both recover damages from responsible parties that injure
sanctuary resources and to assess civil penalties for
violations of sanctuary regulations. Most sanctuaries generally
prohibit material discharges into the sanctuary, the
disturbance of seabed and cultural resources, and exploration
and development of oil, gas, and minerals within the sanctuary.
The NMSP also establishes management plans, develops
conservation policy, issues permits, and undertakes strategic
planning for each sanctuary. Each sanctuary has a community-
based sanctuary advisory council, which is comprised of
representatives from various public interest organizations,
scientific and educational organizations, and commercial and
recreational user groups including fishermen, government
agencies, and local businesses. The Sanctuary Advisory Council
advises the sanctuary manager on the designation and/or
operation of a national marine sanctuary.
Regulatory changes most often occur during a five-year
Management Plan Review. During this process, sanctuary advisory
councils, working groups, and the public may identify issues
that could lead to the decision to restrict or prohibit certain
activities in the sanctuary.
The NMSA has been amended and reauthorized six times, most
recently in 2000, which authorized funding through the end of
fiscal year 2005. The 2000 reauthorization of the NMSA included
a provision that placed a limitation on the creation of new
sanctuaries in an effort to address the impact of decreasing
appropriations on the ability to provide sufficient maintenance
and operation capabilities for established sanctuaries.
However, the limitation does not prevent the expansion of
existing sanctuaries.
The existing 13 national marine sanctuaries and the national
marine monument have been added to the program through three
different processes: (1) The NMSP process; (2) Congressional
designation; and (3) Executive Order. The majority of the
National Marine Sanctuaries were added to the System through
the NMSP process. However, the Hawaiian Islands Humpback Whale
National Marine Sanctuary and the Stellwagen Bank National
Marine Sanctuary were designated by provisions included in the
Oceans Act of 1992, and the Florida Keys National Marine
Sanctuary and Protection Act designated the Florida Keys
National Marine Sanctuary, which enveloped the existing Key
Largo and Looe Key National Marine Sanctuaries in 1996. The
Executive Branch used authorities provided by the Antiquities
Act of 1906 (16 U.S.C. 431), to designate the Papahanaumokuakea
National Monument as a marine national monument. To date, the
Congress also has enacted legislation to expand the boundaries
of one existing sanctuary. The National Marine Sanctuaries
Preservation Act of 1996 added Stetson Bank to the Flower
Garden Banks National Marine Sanctuary.
The Thunder Bay National Marine Sanctuary was designated on
October 7, 2000, marking the establishment of the first Great
Lakes sanctuary. It was established for the purposes of
providing long-term protection and management to more than 100
shipwrecks located entirely in state waters. The Sanctuary is
located off the northeast coast of Michigan's Lower Peninsula,
marked by the northern and southern limits of Alpena County and
encompasses 448 square miles of Lake Huron and 115 miles of
shoreline.
The legislation would expand the Sanctuary's boundaries to
include a total of 225 miles of shoreline and 3,722 square
miles of water. The expansion would provide protection to more
than 200 additional shipwrecks important to the maritime
history of Michigan and the Great Lakes. These archeological
sites are also one of the Nation's best-preserved and
historically-significant collections of shipwrecks.
SUMMARY OF PROVISIONS
The Thunder Bay National Marine Sanctuary and Underwater
Preserve Boundary Modification Act would extend the Sanctuary's
boundaries to include 3,722 square miles of Lake Huron and 225
miles of shoreline off Alcona, Alpena and Presque Isle Counties
in Michigan and would extend the Sanctuary east to the
International Boundary. This expansion would include more than
200 additional shipwrecks and would protect the remains of
various commercial fishing sites, historic docks, and other
underwater archaeological sites.
The regulations currently applicable to the Sanctuary would
apply to the new area included in the Sanctuary unless the
Secretary of Commerce specifies otherwise. To the extent
practicable, the NOAA would apply the existing management plan
to the area added to the Sanctuary.
LEGISLATIVE HISTORY
The Thunder Bay National Marine Sanctuary and Underwater
Preserve Boundary Act, introduced by Senator Levin on November
1, 2007, was referred to the Committee on Commerce, Science,
and Transportation. A hearing was held on May 6, 2008, that
addressed the legislation. On May 15, 2008, the Committee,
without objection, ordered S. 2281 to be reported favorably.
Staff assigned to this legislation are Kristen Sarri,
Democratic Professional Staff, and Todd Bertoson, Republican
Senior Counsel.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
June 5, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2281, the Thunder
Bay National Marine Sanctuary and Underwater Preserve Boundary
Modification Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 2281--Thunder Bay National Marine Sanctuary and Underwater Preserve
Boundary Modification Act
Summary: S. 2281 would expand the boundaries of the Thunder
Bay National Marine Sanctuary and Underwater Preserve, which is
managed jointly by Michigan and the National Oceanic and
Atmospheric Administration (NOAA). Based on information
provided by NOAA and assuming appropriation of the necessary
amounts, CBO estimates that implementing S. 2281 would cost $9
million over the 2009-2013 period. Enacting the bill would not
affect direct spending or revenues.
S. 2281 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2281 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 5 1 1 1 1 9
Estimated Outlays............................................ 4 2 1 1 1 9
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2281 will be enacted near the beginning of fiscal year 2009 and
that necessary funds will be appropriated for each fiscal year
for the activities authorized by the bill. Estimated outlays
are based on historical spending patterns for NOAA activities.
The new boundary of the Thunder Bay National Marine
Sanctuary and Underwater Preserve would include submerged lands
off Presque Isle and Alcona counties, Michigan, and outward to
the international border between the United States and Canada.
Based on information from NOAA, CBO estimates that implementing
S. 2281 would cost $9 million over the 2009-2013 period. Of
that amount, the agency would use $1 million per year to
administer the expanded area and $5 million to purchase a new
vessel to conduct research.
Intergovernmental and private-sector impact: S. 2281
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Neil Hood; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of persons covered
The reported bill would not authorize any new regulations and
therefore will not subject any individuals or businesses to new
regulations.
Economic impact
The bill, as reported, is expected to have a positive impact
on the nation's economy by increasing tourism and expanding
sanctuary designation for historic resources.
Privacy
The reported bill would not have any adverse impact on the
personal privacy of individuals.
Paperwork
The reported bill would not increase paperwork requirements
for the private sector. The bill would require the Secretary of
Commerce to produce updated National Oceanic and Atmospheric
Administration nautical charts for the areas in which the
Sanctuaries are located and complete an interim supplemental
management plan for the Sanctuaries to include the expansion
areas.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that the
bill as reported contains no Congressionally directed spending
items.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section would provide that the legislation may be cited
as the ``Thunder Bay National Marine Sanctuary and Underwater
Preserve Boundary Modification Act.''
Section 2. Findings and purposes
This section would state that the purpose of the Act is to
expand the boundaries of the Thunder Bay National Marine
Sanctuary and Underwater Preserve to encompass the offshore
waters of Presque Island and Alcona counties in Michigan and
outward to the international border between the United States
and Canada to protect the underwater cultural resources.
Section 3. Definitions
This section would define ``Sanctuary'' as the Thunder Bay
National Marine Sanctuary and Underwater Preserve, and
``Secretary'' as the Secretary of Commerce.
Section 4. Sanctuary boundary adjustments
This section would modify the existing Thunder Bay National
Marine Sanctuary and Underwater Preserve boundaries to include
the submerged land and underwater resources off of Alcona,
Alpena, and Presque Isle counties in Michigan and outward to
the international boundary with Canada. Also, it would permit
the Secretary of Commerce to make minor adjustments to the
boundary to facilitate enforcement and clarify the boundary to
public. The modified Sanctuary would be managed as part of the
National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act. The Secretary would produce updated
NOAA nautical charts for the area in which the Sanctuary is
located.
Section 5. Extension of regulations and management
This section would apply existing regulations of the Thunder
Bay National Marine Sanctuary and Underwater Preserve to the
expanded sanctuary, unless the Secretary of Commerce specifies
otherwise by regulation. In addition, the Secretary would have
the authority to certify that any license, permit, approval,
other authorization, or right to conduct a prohibited activity
that currently exists in the sanctuary shall apply to such an
activity conducted within the expanded sanctuary. To the extent
practicable, the Secretary would apply the management plan
currently in effect for the sanctuary to the expanded
sanctuary.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.
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