,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfhd ,,in ,,the ,,house ,,of ,,representatives ,october #bg1 #bjbj,mr4 ,byrne introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide for the establishment of the ,alabama ,underwater ,forest ,national ,marine ,sanctuary1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alabama ,underwater ,forest ,national ,marine ,sanctuary and ,protection ,act4 #b4 ,findings ,the ,congress finds and declares the following3 7#a7 ,an ancient cypress forest dating back #ej1jjj to #gj1jjj years ,b4,c4 has been exposed in the ,gulf of ,mexico off the ,alabama coastline4 ,the trees1 which were uncovered by massive waves associated with ,hurricane ,ivan1 are still rooted in the mud they were growing in at least #ej1jjj years ago4 7#b7 ,the ,underwater ,forest site is unique on a global scale1 the only known site where trees between #ej1jjj and #gj1jjj years old have been preserved intact with the ecosystem they were growing in4 7#c7 ,exploration of the site continues to yield invaluable scientific insight in a variety of fields1 though scientists have just begun to study the ancient forest4 7#d7 ,commercial interests are seeking to mine the ancient trees for the purpose of making consumer goods1 which would result in an irreplaceable loss to the scientific community4 7#e7 ,protection of the forest from commercial harvest also protects the site as a globally significant destination for scuba diving and associated tourism4 ,millions of people from around the world have seen news stories and documentaries about the forest1 inundating dive tourism operators with requests to visit the site4 #c4 ,policy and purpose 7a7 ,policy ,it is the policy of the ,united ,states to protect and preserve the ancient cypress trees located off the coast of ,alabama1 known as the ,alabama ,underwater ,forest4 7b7 ,purpose ,the purpose of this ,act is to protect the resources of the area described in section #e7;b71 to educate and interpret for the public regarding the ancient ,cypress ,forest environment1 and to manage such human uses of the ,sanctuary consistent with this ,act4 #d4 ,definitions ,in this ,act1 the term adverse effect means any factor1 force1 or action that would independently or cumulatively damage1 diminish1 degrade1 impair1 destroy1 or otherwise harm-- 7#a7 any ,sanctuary resource1 as defined in section #cjb7h7 of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#af ,u4,s4,c4 #adcb7h772 or 7#b7 any of those qualities1 values1 or purposes for which the ,sanctuary is designated4 #e4 ,sanctuary designation 7a7 ,designation ,the area described in subsection 7b7 is designated as the ,alabama ,underwater ,forest ,national ,marine ,sanctuary 7in this ,act referred to as the ,sanctuary7 under title ,,iii of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#af ,u4,s4,c4 #adca et seq474 ,the ,sanctuary shall be managed1 and regulations enforced under all applicable provisions of title ,,iii as if the ,sanctuary had been designated under such title4 7b7 ,area included 7#a7 ,subject to subsections 7c7 and 7d71 the area referred to in subsection 7a7 consists of all submerged objects and lands within the ,sanctuary boundary4 ,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 section4 7#b7 ,the boundary referred to in paragraph 7#a7 shall encompass the area within the following coordinates3 7,a7 #cj degrees1 #g minutes1 #bj4baaf seconds north latitude2 #hg degrees1 #di minutes1 #ae4gdjd seconds west longitude4 7,b7 #cj degrees1 #g minutes1 #bj4baaf seconds north latitude2 #hg degrees1 #dc minutes1 #dd4hecf seconds west longitude4 7,c7 #cj degrees1 #e minutes1 #db4feeb seconds north latitude2 #hg degrees1 #di minutes1 #ae4gdjd seconds west longitude4 7,d7 #cj degrees1 #e minutes1 #db4feeb seconds north latitude2 #hg degrees1 #dc minutes1 #dd4hecf seconds west longitude4 #f4 ,prohibition of certain uses 7a7 ,prohibited activities ,the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the ,sanctuary3 7#a7 ,harvesting the trees or other resources of the sanctuary4 7#b7 ,any type of subsurface salvage or recovery operation4 7#c7 ,lowering below the surface of the water any grappling1 suction1 conveyor1 dredging1 or wrecking device4 7#d7 ,detonating below the surface of the water any explosive or explosive mechanism4 7#e7 ,drilling or coring the seabed4 7#f7 ,lowering1 laying1 positioning1 or raising any type of seabed cable or cable-laying device4 7#g7 ,discharging waste material into the water in violation of any ,federal statute or regulation4 7b7 ,rules of construction ,the prohibitions contained in subsection 7a7 shall not be construed as to3 7#a7 ,restrict fishing1 diving1 anchoring1 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 ,sanctuary4 7#b7 ,apply to necessary operations of public vessels4 ,for the purposes of this paragraph1 necessary operations of public vessels shall include operations essential for national defense1 law enforcement1 and responses to emergencies that threaten life1 property1 or the environment4 7c7 ,effective date ,this subsection shall be effective upon enactment of this ,act4 #g4 ,comprehensive management plan 7a7 ,preparation of plan ,the ,secretary of ,commerce1 in consultation with appropriate ,federal1 ,state1 and local government authorities and with the ,advisory ,council established under section #h1 shall develop a comprehensive management plan and implementing regulations to achieve the policy and purpose of this ,act4 ,the ,secretary of ,commerce shall complete such comprehensive management plan and final regulations for the ,sanctuary not later than #ah months after the date of enactment of this ,act4 ,in developing the plan and regulations1 the ,secretary of ,commerce shall follow the procedures specified in sections #cjc and #cjd of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#af ,u4,s4,c4 #adcc and #adcd71 except those procedures requiring the delineation of ,sanctuary boundaries and development of a resource assessment report4 ,such comprehensive management plan shall-- 7#a7 facilitate all public and private uses of the ,sanctuary consistent with the primary objective of ,sanctuary resource protection2 7#b7 consider temporal and geographical zoning1 to ensure protection of ,sanctuary resources2 7#c7 identify needs for research and establish a long-term ecological monitoring program2 7#d7 identify alternative sources of funding needed to fully implement the plan's provisions and supplement appropriations under section #i of this ,act and section #cac of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#af ,u4,s4,c4 #addd72 and 7#e7 ensure coordination and cooperation between ,sanctuary managers and other ,federal1 ,state1 and local authorities with jurisdiction within or adjacent to the ,sanctuary4 7b7 ,public participation ,the ,secretary of ,commerce shall provide for participation by the general public in development of the comprehensive management plan4 #h4 ,advisory council 7a7 ,establishment ,the ,secretary of ,commerce1 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 ,sanctuary4 7b7 ,membership ,members of the ,advisory ,council may be appointed from among ,sanctuary managers1 members of other government agencies with overlapping management responsibilities for the ,gulf ,coast environment1 and representatives of local conservation groups1 the marine scientific and educational community1 recreational user groups1 or the general public4 ,provided1 membership in the council shall include representation from the local commercial and recreational fishing and boating community4 7c7 ,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 members4 7d7 ,administration ,the ,advisory ,council shall elect a chairperson and may establish subcommittees1 and adopt by-laws1 rules1 and such other administrative requirements and procedures as are necessary for the administration of its functions4 7e7 ,staffing and other assistance ,the ,secretary of ,commerce shall make available to the ,advisory ,council such staff1 information1 and administrative services and assistance as the ,secretary of ,commerce determines are reasonably required to enable the ,advisory ,council to carry out its functions4 #i4 ,authorization of appropriations ,there is authorized to be appropriated #g1jjj1jjj for each of the fiscal years #bjba through #bjbe to carry out the provisions of this ,act4