What This Bill Does
This bill creates a protected underwater area called the Alabama Underwater Forest National Marine Sanctuary off the Alabama coast. The sanctuary protects an ancient cypress forest that is between 50,000 and 70,000 years old. The bill sets rules about what activities are allowed in this protected water area.
Who It Affects
People who fish or dive in the sanctuary area. Commercial fishing and diving companies operating in the area. Oil and gas companies with existing leases or permits in the area. The Secretary of Commerce and federal ocean management agencies. State and local government authorities in Alabama.
Key Provisions
- The sanctuary includes all waters and submerged lands within specific geographic coordinates off the Alabama coast (Sec. 5(b)(2))
- Cutting, removing or salvaging the cypress trees is prohibited, along with using dredging devices, explosives, or drilling equipment in the sanctuary (Sec. 6(a))
- Fishing, diving, mooring and similar recreational or commercial activities are allowed (Sec. 6(b)(1)(A))
- The Secretary of Commerce must create a comprehensive management plan within 2 years that allows compatible public and private uses while protecting sanctuary resources (Sec. 7(a)(1))
- An advisory council must be established to advise on the sanctuary's management, with a voting member from the Alabama Department of Conservation and Natural Resources (Sec. 8)
What Changes
If this becomes law, the underwater area described in the bill becomes a protected federal sanctuary. People cannot legally cut, remove, dredge, drill or use explosives on the ancient cypress trees in this area. The Secretary of Commerce gains authority to manage activities in this sanctuary and must develop specific management rules within 2 years.
Important Definitions
Sanctuary: The Alabama Underwater Forest National Marine Sanctuary designated under this act
Secretary: The Secretary of Commerce
Effective Date
Not specified in bill text
IIB
118TH CONGRESS
2D SESSION
H. R. 897
IN THE SENATE OF THE UNITED STATES
JULY 9, 2024
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Alabama Underwater
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Forest National Marine Sanctuary and Protection Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) An ancient cypress forest dating back
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50,000 to 70,000 years has been exposed in the Gulf
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of Mexico off the Alabama coastline.
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(2) The cypress trees, which were uncovered by
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massive waves associated with Hurricane Ivan, are
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still rooted in the mud they were growing in at least
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50,000 years ago.
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(3) The Underwater Forest site is unique on a
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global scale, the only known site where trees between
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50,000 and 70,000 years old have been preserved in-
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tact with the ecosystem they were growing in.
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(4) Exploration of the site continues to yield in-
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valuable scientific insight in a variety of fields,
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though scientists have just begun to study the an-
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cient forest.
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SEC. 3. POLICY AND PURPOSE.
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(a) POLICY.—It is the policy of the United States to
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protect and preserve the ancient cypress trees located off
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the coast of Alabama, known as the Alabama Underwater
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Forest.
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(b) PURPOSE.—The purpose of this Act is to protect
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the resources of the area described in section 5(b), to edu-
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cate and interpret for the public regarding the ancient
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Alabama Underwater Forest environment, and to manage
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human uses of the Alabama Underwater Forest National
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Marine Sanctuary consistent with this Act.
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SEC. 4. DEFINITIONS.
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In this Act—
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(1)
SANCTUARY.—The
term
‘‘Sanctuary’’
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means the Alabama Underwater Forest National
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Marine Sanctuary designated under section 5(a).
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(2) SECRETARY.—the term ‘‘Secretary’’ means
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the Secretary of Commerce.
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SEC. 5. SANCTUARY DESIGNATION.
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(a) DESIGNATION.—The area described in subsection
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(b) is designated as the Alabama Underwater Forest Na-
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tional Marine Sanctuary pursuant to title III of the Ma-
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rine Protection, Research, and Sanctuaries Act of 1972
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(16 U.S.C. 1431 et seq.).
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(b) AREA INCLUDED.—
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(1) IN GENERAL.—The Sanctuary shall consist
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only of all waters and submerged lands within the
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boundary described in paragraph (2).
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(2) BOUNDARY.—The boundary referred to in
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paragraph (1) shall encompass only the area within
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the following coordinates:
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(A) 30 degrees, 7 minutes, 20.2116 sec-
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onds north latitude; 87 degrees, 49 minutes,
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15.7404 seconds west longitude.
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(B) 30 degrees, 7 minutes, 20.2116 sec-
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onds north latitude; 87 degrees, 43 minutes,
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44.8536 seconds west longitude.
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(C) 30 degrees, 5 minutes, 42.6552 sec-
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onds north latitude; 87 degrees, 49 minutes,
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15.7404 seconds west longitude.
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(D) 30 degrees, 5 minutes, 42.6552 sec-
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onds north latitude; 87 degrees, 43 minutes,
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44.8536 seconds west longitude.
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(E) 30 degrees, 7 minutes, 20.2116 sec-
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onds north latitude; 87 degrees, 49 minutes,
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15.7404 seconds west longitude.
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(3) CHARTS.—The Sanctuary shall be generally
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identified and depicted on National Oceanic and At-
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mospheric Administration charts that shall be main-
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tained on file and kept available for public examina-
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tion during regular business hours at the Office of
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Ocean and Coastal Resource Management of the Na-
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tional Oceanic and Atmospheric Administration and
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in online format and which shall be updated to re-
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flect boundary modifications made pursuant to this
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section.
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SEC. 6. PROHIBITION OF CERTAIN USES.
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(a) PROHIBITED ACTIVITIES.—The following activi-
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ties are prohibited and are unlawful for any person to con-
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duct or to cause to be conducted within the Sanctuary:
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(1) Cutting, removing, or any kind of sub-
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surface salvage of the cypress trees.
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(2) Lowering below the surface of the water any
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grappling, suction, conveyor, dredging, or wrecking
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device.
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(3) Detonating below the surface of the water
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any explosive or explosive mechanism.
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(4) Drilling or coring the seabed.
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(5) Lowering, laying, positioning, or raising any
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type of seabed cable or cable-laying device.
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(b) EXCEPTIONS.—
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(1) IN
GENERAL.—The prohibitions in sub-
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section (a) shall not apply to the following:
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(A) Fishing, diving, mooring, or similar
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recreational or commercial activities.
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(B) Necessary operations of public vessels,
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including operations essential for national de-
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fense, law enforcement, and responses to emer-
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gencies that threaten life, property, or the envi-
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ronment.
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(C) Construction or placement of artificial
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reef structures for the purpose of enhancing
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fishery resources, fishing opportunities, or rec-
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reational diving opportunities.
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(D) Exploration, development, or produc-
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tion of oil or gas pursuant to a lease, permit,
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or other authorization, provided such lease, per-
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mit, or authorization is issued on or before the
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date of the enactment of this Act.
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(2) OTHER ACTIVITIES.—The Secretary, acting
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through the Director of the Office of National Ma-
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rine Sanctuaries, may allow a person to conduct an
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activity that would otherwise be prohibited under
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subsection (a) if such activity meets the standards of
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Title III of the Marine Protection, Research, and
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Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.),
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as determined by the Secretary.
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SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.
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(a) PREPARATION OF PLAN.—
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(1) IN GENERAL.—Not later than 2 years after
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the date of the enactment of this Act, the Secretary,
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in consultation with appropriate Federal, State, and
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local government authorities and with the advisory
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council established under section 8, shall develop a
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comprehensive management plan and implement reg-
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ulations to achieve the policy and purpose of this
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Act.
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(2) APPLICABLE LAW.—In developing the com-
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prehensive management plan and implementing reg-
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ulations under paragraph (1), the Secretary shall
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follow the procedures described in sections 303 and
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304 of the Marine Protection, Research, and Sanc-
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tuaries Act of 1972 (16 U.S.C. 1433 and 1434).
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(3) PLAN DETAILS.—The comprehensive man-
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agement plan required under paragraph (1) shall—
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(A) facilitate all public and private uses of
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the Sanctuary compatible with the primary ob-
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jective of Sanctuary resource protection, with a
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focus on facilitating—
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(i) fishing, diving, or similar rec-
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reational or commercial activities; and
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(ii) construction or placement of arti-
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ficial reef structures for the purpose of en-
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hancing fishery resources, fishing opportu-
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nities, or recreational diving opportunities;
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(B) consider temporal and geographical
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zoning, to ensure protection of Sanctuary re-
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sources;
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(C) identify needs for research and ecologi-
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cal monitoring; and
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(D) ensure coordination and cooperation
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between Sanctuary managers and—
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(i) other Federal, State, and local au-
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thorities with jurisdiction within or adja-
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cent to the Sanctuary; and
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(ii) owners, operators, and stake-
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holders with respect to existing oil and gas
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operations within or adjacent to the Sanc-
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tuary.
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(b) PUBLIC PARTICIPATION.—The Secretary shall
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provide for the participation of the general public in the
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development of the comprehensive management plan.
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SEC. 8. ADVISORY COUNCIL.
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(a) ESTABLISHMENT.—The Secretary shall establish
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an advisory council pursuant to section 315 of the Marine
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Protection, Research, and Sanctuaries Act of 1972 (16
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U.S.C. 1445a) to advise the Secretary with respect to the
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designation and management of the Sanctuary.
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(b) MEMBERSHIP.—The Secretary shall include a
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representative from the Alabama Department of Con-
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servation and Natural Resources as a voting member of
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the advisory council.
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Passed the House of Representatives July 8, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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