[House Report 111-270]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-270
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THUNDER BAY NATIONAL MARINE SANCTUARY AND UNDERWATER PRESERVE BOUNDARY
MODIFICATION ACT
_______
September 29, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 905]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 905) 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 with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thunder Bay National Marine Sanctuary
and Underwater Preserve Boundary Modification Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Thunder Bay National Marine Sanctuary and Underwater
Preserve in Lake Huron contains more than 100 recorded historic
vessel losses.
(2) The areas immediately surrounding the Sanctuary,
including the offshore waters of Presque Isle and Alcona
Counties, Michigan, contain an equal number of historic vessel
losses.
(3) Many of these shipwrecks and underwater cultural
resources are popular recreational diving destinations, and all
contribute to our collective maritime heritage.
(4) These resources are susceptible to damage from human
activities, and must be properly preserved for themselves and
to protect the economic viability of their contribution to
national and regional economies.
(b) Purposes.--The purposes of this Act are--
(1) to expand the Thunder Bay National Marine Sanctuary and
Underwater Preserve boundaries 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
(2) to provide the underwater cultural resources of those
areas equal protection to that currently afforded to the
Sanctuary.
SEC. 3. DEFINITIONS.
In this Act:
(1) Sanctuary.--The term ``Sanctuary'' means the Thunder Bay
National Marine Sanctuary and Underwater Preserve.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--Notwithstanding any provision of law or
regulation, including section 922.190 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act, the
Sanctuary shall consist of the geographic area described in subsection
(b).
(b) Expanded Boundary Adjustment.--The area referred to in subsection
(a) is all submerged lands, including the underwater cultural
resources, lakeward of the mean high waterline, within the boundaries
of a line formed by connecting points in succession beginning at a
point along the mean high water line located approximately at 45.6262N,
84.2043W at the intersection of the northern Presque Isle and
northeastern Cheboygan County boundary, then north to a point
approximately 45.7523N, 84.2011W, then northeast to a point
approximately 45.7777N, 84.1231W, then due east to the international
boundary between the United States and Canada approximately located at
45.7719N, 83.4840W then following the international boundary between
the United States and Canada in a generally southeasterly direction to
a point approximately 44.5128N, 83.3186W at the intersection of the
southern Alcona County and northern Iosco County boundary, returning to
the first point along the mean high water line.
(c) Authority To Make Minor Adjustments.--The Secretary may make
minor adjustments to the boundary described in subsection (b) to
facilitate enforcement and clarify the boundary to the public provided
the resulting boundary is consistent with the purposes described in
section 2(b).
(d) Inclusion in the System.--The area described in subsection (b),
as modified in accordance with subsection (c), shall be managed as part
of the National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act.
(e) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration charts for the area in which the Sanctuary is
located; and
(2) include on such charts the boundaries of the Sanctuary
described in subsection (b), as modified in accordance with
subsection (c).
SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.
(a) Regulations.--The regulations applicable to the Sanctuary
codified in subpart R of part 922 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act,
shall apply to the geographic area added to the Sanctuary pursuant to
section 4, unless the Secretary specifies otherwise by regulation.
(b) Existing Certifications.--The Secretary may certify that any
license, permit, approval, other authorization, or right to conduct a
prohibited activity made pursuant to section 922.194 of title 15, Code
of Federal Regulations, that exists on the date of the enactment of
this Act shall apply to such an activity conducted within the
geographic area added to the Sanctuary pursuant to section 4.
(c) Date of Sanctuary Designation.--For purposes of section 922.194
of title 15, Code of Federal Regulations, the date of the enactment of
this Act shall be deemed to be the date of Sanctuary designation.
(d) Management Plan.--To the extent practicable, the Secretary shall
apply the management plan in effect for the Sanctuary on the date of
the enactment of this Act to the geographic area added to the Sanctuary
pursuant to section 4.
PURPOSE OF THE BILL
The purpose of H.R. 905 is to expand the boundaries of the
Thunder Bay National Marine Sanctuary and Underwater Preserve,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The National Marine Sanctuaries System (System) was
originally authorized as Title III of the National Marine
Protection, Research and Sanctuaries Act of 1972. Under this
law, the Secretary of Commerce, through the National Oceanic
and Atmospheric Administration (NOAA), is required to identify,
designate, and manage marine sanctuaries within the nation's
ocean and Great Lakes waters that contain significant
conservation, recreation, ecological, historical, aesthetic,
scientific or educational values. Today, the System includes 13
marine sanctuaries and one national marine monument.
Sanctuaries range in size from one-quarter square mile at the
Fagatele Bay National Marine Sanctuary in American Samoa, to
more than 135,000 square miles at the Papahanaumokuakea Marine
National Monument in the Northwestern Hawaiian Islands. In
general, destructive activities like drilling, mining,
dredging, dumping waste, or removing artifacts are prohibited
in marine sanctuaries. Other uses such as commercial shipping
and fishing, recreational fishing and boating, scientific
research, scuba diving and wildlife observation, and marine
tourism are generally allowed where compatible with resource
protection.
The Thunder Bay National Marine Sanctuary is the only
sanctuary in the Great Lakes. The Sanctuary, which is co-
managed with the State of Michigan, covers 448 square miles of
northwest Lake Huron off the northeast coast of Michigan's
Lower Peninsula and protects a collection of over 100
nationally significant shipwrecks. Because the areas
immediately north and south of the Sanctuary (known locally as
``shipwreck alley'') contain an equal number of historic wrecks
that are popular recreational diving destinations, there is
significant local interest in expanding the boundaries of the
sanctuary to extend federal protection and the research,
education and public outreach capabilities of the Sanctuary.
COMMITTEE ACTION
H.R. 905 was introduced on February 4, 2009 by
Representative Bart Stupak (D-MI). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Insular Affairs, Oceans and Wildlife. On July
8, 2009 the Subcommittee held a hearing on the bill.
On July 29, 2009 the Subcommittee was discharged from
further consideration of H.R. 905 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairwoman Bordallo (D-GU) offered an amendment in the nature
of a substitute to make minor technical and clarifying changes
to the boundary coordinates to accurately reflect the
jurisdictional boundaries of Presque Isle County. The amendment
was adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
After the bill was ordered reported, a drafting error was
discovered which unintentionally omitted two coordinates from
the southern portion of the proposed expansion area. As it was
never the intention of the Committee to remove these
coordinates or to change the boundaries of the southern
expansion area from the boundaries in the bill as introduced,
the Committee intends to correct this omission when the bill is
considered on the House floor.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Thunder Bay National Marine Sanctuary and Underwater Preserve
Boundary Modification Act.''
Section 2. Findings and purposes
Section 2 states that the resources immediately surrounding
the current Thunder Bay National Marine Sanctuary ought to be
properly preserved and the purpose of this Act is to expand the
Sanctuary to provide equal protection to these resources.
Section 3. Definitions
Section 3 defines the terms ``Sanctuary'' and
``Secretary.''
Section 4. Sanctuary boundary adjustment
Section 4 designates the particular geographic area that
will be included in the expanded boundary of the Thunder Bay
National Marine Sanctuary. This section also directs NOAA to
update charts to include the modified boundaries of the
Sanctuary.
Section 5. Extension of regulations and management
Section 5 ensures that regulations applicable to the
Thunder Bay National Marine Sanctuary will apply to the
geographic area added to the Sanctuary, that existing
certifications will apply to the added geographic area and the
management plan in effect for the Sanctuary on the date of
enactment will apply to the added geographic area.
Additionally this section deems that the date of enactment
of this Act is the date of Sanctuary designation. It should be
noted that federal law enforcement and penalties within the
added geographic area will only apply upon the designation.
There is no intention of retroactive federal law enforcement or
penalties for the added geographic area.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to expand the boundaries of the
Thunder Bay National Marine Sanctuary and Underwater Preserve.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 905. Thunder Bay National Marine Sanctuary and Underwater Preserve
Boundary Modification Act
H.R. 905 would expand the boundary of the Thunder Bay
National Marine Sanctuary and Underwater Preserve, located in
Lake Huron and managed jointly by the National Oceanic and
Atmospheric Administration (NOAA) and the State of Michigan.
The proposed boundary expansion would encompass submerged lands
within the Michigan counties of Presque Isle and Acona, ranging
northward to the United States-Canada border.
The cost of implementing H.R. 905 is uncertain because the
bill, as ordered reported by the House Committee on Natural
Resources, does not specify a new southern boundary for the
sanctuary. Because the legal description of the proposed
expansion area omits a coordinate necessary to establish a new
southern boundary, CBO cannot determine the size of the
expanded sanctuary (the sanctuary currently encompasses about
448 square miles).
Information provided by committee staff, indicates that the
committee intended to set the new boundary to encompass about
4,000 square miles. Based on information provided by NOAA (and
assuming the availability of appropriated funds), we estimate
that managing a sanctuary of that size would cost $2 million a
year--about $1 million more than the agency currently spends at
the sanctuary--beginning in fiscal year 2010. (Depending on
final Congressional action to establish the southern boundary,
the additional cost of managing the larger sanctuary could be
more or less than $1 million a year.) We estimate that
additional costs for administrative facilities and to revise
signs and maps would be less than $100,000 over the next two or
three years.
H.R. 905 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On June 16, 2009, CBO transmitted a cost estimate for S.
380, the Thunder Bay National Marine Sanctuary and Underwater
Preserve Boundary Modification Act, as ordered reported by the
Senate Committee on Commerce, Science, and Transportation on
May 20, 2009. The two versions of the legislation are similar.
The estimate for S. 380 included the cost to acquire a new
vessel for research, monitoring, and enforcement activities at
Thunder Bay. Because NOAA recently acquired a vessel that may
be used for those purposes, CBO now estimates that additional
spending for infrastructure under both versions of legislation
would be less than we estimated earlier.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 905 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
While H.R. 905, the Thunder Bay National Marine Sanctuary
and Underwater Preserve Boundary Modification Act, was reported
out of the Natural Resources Committee by unanimous consent,
Members do have concerns about the cost of the legislation to
the federal taxpayer.
This legislation would increase the size of the Thunder Bay
National Marine Sanctuary by almost nine times its current
size. The current sanctuary and the area to be added are all
waters and submerged lands of the State of Michigan, yet the
federal government will be required to fund the costs
associated with this expansion. This cost is estimated by the
Congressional Budget Office at more than double the current
budget for the sanctuary.
At a time when the costs for the enormous new
Papahanaumokuakea Marine National Monument offshore Hawaii have
been added to the National Marine Sanctuary Program without
additional appropriations, the entire sanctuary program could
suffer as a result of this legislation. The National Marine
Sanctuaries Act includes a statutory moratorium on new
designations enacted due to concerns about funding levels.
Congress imposed this moratorium because of concerns that the
National Marine Sanctuary system would grow without money to
back up the burden on the National Oceanic and Atmospheric
Administration. Other federal programs such as the National
Park System and the National Wildlife Refuge System have
serious maintenance backlogs that have been clearly documented
by this Committee. The National Marine Sanctuary Program has
escaped this problem largely due to this language restricting
growth of the program unless sufficient funds are available.
Finally, the National Marine Sanctuary Program has enjoyed
popular support for many years. One of the reasons for this
popularity is that the program allows multiple uses of the
offshore areas included within the program. I am pleased that
H.R. 905 will not add any statutory restrictions on existing or
future uses of the Thunder Bay National Marine Sanctuary.
Doc Hastings.