HR 6204
110th CONGRESS
2d Session
H. R. 6204
To expand the boundaries of the Thunder Bay National Marine Sanctuary
and Underwater Preserve and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 5, 2008
Mr. STUPAK (for himself, Mr. MCCOTTER, and Mr. KILDEE) introduced the following
bill; which was referred to the Committee on Natural Resources
A BILL
To expand the boundaries of the Thunder Bay National Marine Sanctuary
and Underwater Preserve 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 `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.
(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 Sanctuary Boundary- The area referred to in subsection (a) is
all submerged lands, including the underwater cultural resources, lake ward
of the mean high water line, 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 45.628741N, 84.206983W (at Hammond Bay in Presque Isle County)
then due east to the international boundary between the United States and
Canada approximately located at 45.628741N, 83.163783W then following the
international boundary between the United States and Canada in a generally
southeasterly direction where it intersects latitude 44.511111N, then due
west to a point along the mean high water line located approximately at 44.511111N,
83.318483W (in Alcona County just south of the town of Greenbush) 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 public provided the resulting boundary is consistent
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 of the date of the enactment
of this Act to the geographic area added to the Sanctuary pursuant to section
4.
END
