Alabama Underwater Forest National Marine Sanctuary and Protection Act
This bill designates an ancient cypress forest in the Gulf of Mexico as the Alabama Underwater Forest National Marine Sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972.
In the sanctuary, the following activities are prohibited:
However, the prohibitions do not apply to
The National Oceanic and Atmospheric Administration (NOAA) must develop a comprehensive management plan for the sanctuary. NOAA must also establish an advisory council for the sanctuary.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 897 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 897
To provide for the establishment of the Alabama Underwater Forest
National Marine Sanctuary, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Carl (for himself, Mr. Graves of Louisiana, Ms. Sewell, and Mr.
Moulton) 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.
Congress finds the following:
(1) An ancient cypress forest dating back 50,000 to 70,000
years has been exposed in the Gulf of Mexico off the Alabama
coastline.
(2) The cypress 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.
(3) 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.
(4) 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.
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 Alabama Underwater Forest environment, and
to manage human uses of the Alabama Underwater Forest National Marine
Sanctuary consistent with this Act.
SEC. 4. DEFINITIONS.
In this Act--
(1) Sanctuary.--The term ``Sanctuary'' means the Alabama
Underwater Forest National Marine Sanctuary designated under
section 5(a).
(2) Secretary.--the term ``Secretary'' means the Secretary
of Commerce.
SEC. 5. SANCTUARY DESIGNATION.
(a) Designation.--The area described in subsection (b) is
designated as the Alabama Underwater Forest National Marine Sanctuary
pursuant to title III of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(b) Area Included.--
(1) In general.--The Sanctuary shall consist only of all
waters and submerged lands within the boundary described in
paragraph (2).
(2) Boundary.--The boundary referred to in paragraph (1)
shall encompass only 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.
(E) 30 degrees, 7 minutes, 20.2116 seconds north
latitude; 87 degrees, 49 minutes, 15.7404 seconds west
longitude.
(3) Charts.--The Sanctuary shall be generally identified
and depicted on National Oceanic and Atmospheric Administration
charts that 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 made
pursuant to this section.
SEC. 6. PROHIBITION OF CERTAIN USES.
(a) Prohibited Activities.--The following activities are prohibited
and are unlawful for any person to conduct or to cause to be conducted
within the Sanctuary:
(1) Cutting, removing, or any kind of subsurface salvage of
the cypress trees.
(2) Lowering below the surface of the water any grappling,
suction, conveyor, dredging, or wrecking device.
(3) Detonating below the surface of the water any explosive
or explosive mechanism.
(4) Drilling or coring the seabed.
(5) Lowering, laying, positioning, or raising any type of
seabed cable or cable-laying device.
(b) Exceptions.--
(1) In general.--The prohibitions in subsection (a) shall
not apply to the following:
(A) Fishing, diving, mooring, or similar
recreational or commercial activities.
(B) Necessary operations of public vessels,
including operations essential for national defense,
law enforcement, and responses to emergencies that
threaten life, property, or the environment.
(C) Construction or placement of artificial reef
structures for the purpose of enhancing fishery
resources, fishing opportunities, or recreational
diving opportunities.
(D) Exploration, development, or production of oil
or gas pursuant to a lease, permit, or other
authorization, provided such lease, permit, or
authorization is issued on or before the date of the
enactment of this Act.
(2) Other activities.--The Secretary, acting through the
Director of the Office of National Marine Sanctuaries, may
allow a person to conduct an activity that would otherwise be
prohibited under subsection (a) if such activity meets the
standards of Title III of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as determined
by the Secretary.
SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.
(a) Preparation of Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary, 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 implement
regulations to achieve the policy and purpose of this Act.
(2) Applicable law.--In developing the comprehensive
management plan and implementing regulations under paragraph
(1), the Secretary shall follow the procedures described in
sections 303 and 304 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
(3) Plan details.--The comprehensive management plan
required under paragraph (1) shall--
(A) facilitate all public and private uses of the
Sanctuary compatible with the primary objective of
Sanctuary resource protection, with a focus on
facilitating--
(i) fishing, diving, or similar
recreational or commercial activities; and
(ii) construction or placement of
artificial reef structures for the purpose of
enhancing fishery resources, fishing
opportunities, or recreational diving
opportunities;
(B) consider temporal and geographical zoning, to
ensure protection of Sanctuary resources;
(C) identify needs for research and ecological
monitoring; and
(D) ensure coordination and cooperation between
Sanctuary managers and--
(i) other Federal, State, and local
authorities with jurisdiction within or
adjacent to the Sanctuary; and
(ii) owners, operators, and stakeholders
with respect to existing oil and gas operations
within or adjacent to the Sanctuary.
(b) Public Participation.--The Secretary shall provide for the
participation of the general public in the development of the
comprehensive management plan.
SEC. 8. ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish an advisory
council pursuant to section 315 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1445a) to advise the Secretary with
respect to the designation and management of the Sanctuary.
(b) Membership.--The Secretary shall include a representative from
the Alabama Department of Conservation and Natural Resources as a
voting member of the advisory council.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 for each of the
fiscal years 2024 through 2028 to carry out the provisions of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife, and Fisheries.
Subcommittee Hearings Held
Subcommittee on Water, Wildlife, and Fisheries Discharged
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 118-560.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 118-560.
Placed on the Union Calendar, Calendar No. 462.
Mr. Westerman moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4463-4464)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 897.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H4470-4471)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 349 - 19 (Roll no. 336). (text: CR H4463)
Roll Call #336 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 349 - 19 (Roll no. 336). (text: CR H4463)
Roll Call #336 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.