PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.

SEC. 2104. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. (a) Sanctuary Proposal.— Section 304(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) is amended— (1) by striking “prospectus” whenever it appears and inserting “documents”; (2) in paragraph (1)(C) by striking “a prospectus on the proposal which shall contain—” and inserting “documents, including an executive summary, consisting of—”; and (3) in paragraph (5)— (A) by striking “United States Fishery Conservation Zone” and inserting “Exclusive Economic Zone”; and (B) by adding at the end: “The Secretary shall also cooperate with other appropriate fishery management authorities with rights or responsibilities within a proposed sanctuary at the earliest practicable stage in drafting any sanctuary fishing regulations.”. (b) Taking Effect of Designations.— Section 304(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)) is amended— (1) in paragraph (1) by striking the dash after “unless” and all that follows and inserting “, in the case of a national 106 STAT. 5042marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.”; (2) in paragraph (2)— (A) striking “paragraph (1) (A) or (B)” and inserting “paragraph (1)”; (B) by striking “not disapproved under paragraph (1)(A)” or and (C) by striking “paragraph (1)(B)” and inserting “paragraph (1)”; and (3) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (c) Access and Valid Rights.— Section 304(c)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(c)(1)) is amended to read as follows: “(1) Nothing in this title shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access that is in existence on the date of designation of any national marine sanctuary.”. (d) Interagency Cooperation; Review of Management Plan.— Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended by adding at the end the following new subsections: “(d) Interagency Cooperation.— “(1) Review of agency actions.— “(A) In general.— Federal agency actions internal or external to a national marine 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 such 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. “(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 106 STAT. 5043alternatives, the agency head shall provide the Secretary with a written statement explaining the reasons for that decision. “(e) Review of Management Plans.— Not more than five years after the date of designation of any national marine sanctuary, and thereafter at intervals not exceeding five years, the Secretary shall evaluate the substantive progress toward implementing the management plan and goals for the sanctuary, especially the effectiveness of site-specific management techniques, and shall revise the management plan and regulations as necessary to fulfill the purposes and policies of this title. .