Alabama Underwater Forest National Marine Sanctuary and Protection Act
This bill designates specified submerged lands in Alabama as the Alabama Underwater Forest National Marine Sanctuary, to be managed as if the sanctuary was designated under the Marine Protection, Research, and Sanctuaries Act of 1972.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8684 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8684
To provide for the establishment of the Alabama Underwater Forest
National Marine Sanctuary, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2020
Mr. Byrne introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the establishment of the Alabama Underwater Forest
National Marine Sanctuary, 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 ``Alabama Underwater Forest National
Marine Sanctuary and Protection Act''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) An ancient cypress forest dating back 50,000 to 70,000
years B.C. has been exposed in the Gulf of Mexico off the
Alabama coastline. The trees, which were uncovered by massive
waves associated with Hurricane Ivan, are still rooted in the
mud they were growing in at least 50,000 years ago.
(2) The Underwater Forest site is unique on a global scale,
the only known site where trees between 50,000 and 70,000 years
old have been preserved intact with the ecosystem they were
growing in.
(3) Exploration of the site continues to yield invaluable
scientific insight in a variety of fields, though scientists
have just begun to study the ancient forest.
(4) Commercial interests are seeking to mine the ancient
trees for the purpose of making consumer goods, which would
result in an irreplaceable loss to the scientific community.
(5) Protection of the forest from commercial harvest also
protects the site as a globally significant destination for
scuba diving and associated tourism. Millions of people from
around the world have seen news stories and documentaries about
the forest, inundating dive tourism operators with requests to
visit the site.
SEC. 3. POLICY AND PURPOSE.
(a) Policy.--It is the policy of the United States to protect and
preserve the ancient cypress trees located off the coast of Alabama,
known as the Alabama Underwater Forest.
(b) Purpose.--The purpose of this Act is to protect the resources
of the area described in section 5(b), to educate and interpret for the
public regarding the ancient Cypress Forest environment, and to manage
such human uses of the Sanctuary consistent with this Act.
SEC. 4. DEFINITIONS.
In this Act, the term ``adverse effect'' means any factor, force,
or action that would independently or cumulatively damage, diminish,
degrade, impair, destroy, or otherwise harm--
(1) any Sanctuary resource, as defined in section 302(8) of
the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1432(8)); or
(2) any of those qualities, values, or purposes for which
the Sanctuary is designated.
SEC. 5. SANCTUARY DESIGNATION.
(a) Designation.--The area described in subsection (b) is
designated as the Alabama Underwater Forest National Marine Sanctuary
(in this Act referred to as the ``Sanctuary'') under title III of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1431 et seq.). The Sanctuary shall be managed, and regulations enforced
under all applicable provisions of title III as if the Sanctuary had
been designated under such title.
(b) Area Included.--
(1) Subject to subsections (c) and (d), the area referred
to in subsection (a) consists of all submerged objects and
lands within the Sanctuary boundary. The Sanctuary shall be
generally identified and depicted on National Oceanic and
Atmospheric Administration charts which shall be maintained on
file and kept available for public examination during regular
business hours at the Office of Ocean and Coastal Resource
Management of the National Oceanic and Atmospheric
Administration and in online format and which shall be updated
to reflect boundary modifications under this section.
(2) The boundary referred to in paragraph (1) shall
encompass the area within the following coordinates:
(A) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(B) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 43 minutes, 44.8536 seconds west
longitude.
(C) 30 degrees, 5 minutes, 42.6552 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(D) 30 degrees, 5 minutes, 42.6552 seconds north
latitude; 87 degrees, 43 minutes, 44.8536 seconds west
longitude.
SEC. 6. PROHIBITION OF CERTAIN USES.
(a) Prohibited Activities.--The following activities are prohibited
and thus are unlawful for any person to conduct or to cause to be
conducted within the Sanctuary:
(1) Harvesting the trees or other resources of the
sanctuary.
(2) Any type of subsurface salvage or recovery operation.
(3) Lowering below the surface of the water any grappling,
suction, conveyor, dredging, or wrecking device.
(4) Detonating below the surface of the water any explosive
or explosive mechanism.
(5) Drilling or coring the seabed.
(6) Lowering, laying, positioning, or raising any type of
seabed cable or cable-laying device.
(7) Discharging waste material into the water in violation
of any Federal statute or regulation.
(b) Rules of Construction.--The prohibitions contained in
subsection (a) shall not be construed as to:
(1) Restrict fishing, diving, anchoring, or any other
recreational or commercial sea activities that do not cause an
adverse effect to the resources or property of the Sanctuary or
that do not pose harm to users of the Sanctuary.
(2) Apply to necessary operations of public vessels. For
the purposes of this paragraph, necessary operations of public
vessels shall include operations essential for national
defense, law enforcement, and responses to emergencies that
threaten life, property, or the environment.
(c) Effective Date.--This subsection shall be effective upon
enactment of this Act.
SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.
(a) Preparation of Plan.--The Secretary of Commerce, in
consultation with appropriate Federal, State, and local government
authorities and with the Advisory Council established under section 8,
shall develop a comprehensive management plan and implementing
regulations to achieve the policy and purpose of this Act. The
Secretary of Commerce shall complete such comprehensive management plan
and final regulations for the Sanctuary not later than 18 months after
the date of enactment of this Act. In developing the plan and
regulations, the Secretary of Commerce shall follow the procedures
specified in sections 303 and 304 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434), except those
procedures requiring the delineation of Sanctuary boundaries and
development of a resource assessment report. Such comprehensive
management plan shall--
(1) facilitate all public and private uses of the Sanctuary
consistent with the primary objective of Sanctuary resource
protection;
(2) consider temporal and geographical zoning, to ensure
protection of Sanctuary resources;
(3) identify needs for research and establish a long-term
ecological monitoring program;
(4) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 9 of this Act and section 313 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1444); and
(5) ensure coordination and cooperation between Sanctuary
managers and other Federal, State, and local authorities with
jurisdiction within or adjacent to the Sanctuary.
(b) Public Participation.--The Secretary of Commerce shall provide
for participation by the general public in development of the
comprehensive management plan.
SEC. 8. ADVISORY COUNCIL.
(a) Establishment.--The Secretary of Commerce, in consultation with
the Governor of the State of Alabama shall establish an Advisory
Council to assist the Secretary in the development and implementation
of the comprehensive management plan for the Sanctuary.
(b) Membership.--Members of the Advisory Council may be appointed
from among Sanctuary managers, members of other government agencies
with overlapping management responsibilities for the Gulf Coast
environment, and representatives of local conservation groups, the
marine scientific and educational community, recreational user groups,
or the general public. Provided, membership in the council shall
include representation from the local commercial and recreational
fishing and boating community.
(c) Expenses.--Members of the Advisory Council shall not be paid
compensation for their service as members but may be reimbursed for
actual and necessary traveling and subsistence expenses incurred by
them in the performance of their duties as such members.
(d) Administration.--The Advisory Council shall elect a chairperson
and may establish subcommittees, and adopt by-laws, rules, and such
other administrative requirements and procedures as are necessary for
the administration of its functions.
(e) Staffing and Other Assistance.--The Secretary of Commerce shall
make available to the Advisory Council such staff, information, and
administrative services and assistance as the Secretary of Commerce
determines are reasonably required to enable the Advisory Council to
carry out its functions.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $7,000,000 for each of the
fiscal years 2021 through 2025 to carry out the provisions of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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