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legislation: 102-s-2770

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bill_id congress bill_type bill_number title policy_area introduced_date latest_action_date latest_action_text origin_chamber sponsor_name sponsor_state sponsor_party sponsor_bioguide_id cosponsor_count summary_text update_date url
102-s-2770 102 s 2770 National Marine Sanctuaries Program Amendments of 1992 Environmental Protection 1992-05-21 1992-05-21 Read twice and referred to the Committee on Commerce. Senate Sen. Stevens, Ted [R-AK] AK R S000888 0 National Marine Sanctuaries Program Amendments of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Requires any amounts remaining after disposition under certain provisions to be deposited in the General Fund of the Treasury. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries. Requires protection and management of any historical resource located in a sanctuary consistent with the title. Makes any shipwreck abandoned or otherwise in a national marine sanctuary subject to the Secretary's authority to protect and manage the sanctuary and its resources. 2025-08-26T15:18:21Z  

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