Monterey Bay National Marine Sanctuary

Monterey Bay National Marine Sanctuary Sec. 102. (a) Issuance of Designation Notice.— Notwithstanding section 304(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b))— (1) the Secretary of Commerce shall, on September 18, 1992, (or as soon thereafter as is practicable), publish under that Act in the Federal Register a notice of the designation of the Monterey Bay National Marine Sanctuary (hereafter in this section the “Sanctuary”), as described in the notice of designation submitted to the Congress on September 15, 1992, and (2) that designation shall take effect the later of September 18, 1992, or the date of enactment of this Act. (b) Oil and Gas Activities Prohibited.—Notwithstanding any other provision of law, no leasing, exploration, development or production of oil or gas shall be permitted within the Sanctuary as required by section 944.5 of the Final Environmental Impact Statement and Management Plan for the Monterey Bay National Marine Sanctuary, published by the Department of Commerce in June 1992. (c) Interagency Cooperation.— (1) Review of agency actions.— (A) In general.—Federal agency actions internal or external to the Sanctuary including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Secretary. (B) Agency statements required.—Subject to any regulations the Secretary may establish, each Federal agency proposing an action described in subparagraph (A) shall provide the Secretary with a written statement describing the action and its potential effects on sanctuary resources at the earliest practicable time, but in no case later than 45 days before the final approval of the action unless each Federal agency and the Secretary agree to a different schedule. (2) Secretary’s recommended alternatives.—If the Secretary finds that a Federal agency action is likely to destroy, cause the loss of, or injure a sanctuary resource, the Secretary shall (within 45 days of receipt of complete information on the proposed agency action) recommend reasonable and prudent alternatives, which may include conduct of the action elsewhere, which can be taken by the Federal agency in implementing the agency action that will protect sanctuary resources. 106 STAT. 1120 (3) Response to recommendations.—The agency head who receives the Secretary’s recommended alternatives under paragraph (2) shall promptly consult with the Secretary on the alternatives. If the agency head decides not to follow the alternatives, the agency head shall provide the Secretary with a written statement explaining the reasons for that decision. (d) Vessel Traffic.—Within 18 months of the date of enactment of this Act, the Secretary of Commerce and the Secretary of Transportation, in consultation with the State of California and with adequate opportunity for public input, shall report to Congress on measures for regulating vessel traffic in the Sanctuary if it is determined that such measures are necessary to protect sanctuary resources.