Page:United States Statutes at Large Volume 114 Part 4.djvu/323

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PUBLIC LAW 106-513—NOV. 13, 2000 114 STAT. 2385 "(E) The basis for the findings made under section 303(a) with respect to the area. "(F) An assessment of the considerations under section 303(b)(1).". (c) WITHDRAWAL OF DESIGNATION. — Section 304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting "or System" after "sanctuary" the second place it appears. (d) FEDERAL AGENCY ACTIONS AFFECTING SANCTUARY RESOURCES. — Section 304(d) (16 U.S.C. 1434(d)) is amended by adding at the end the following: "(4) FAILURE TO FOLLOW ALTERNATIVE. — If the head of a Federal agency takes an action other than an alternative recommended by the Secretary and such action results in the destruction of, loss of, or injury to a sanctuary resource, the head of the agency shall promptly prevent and mitigate further damage and restore or replace the sanctuary resource in a manner approved by the Secretary.". (e) EVALUATION OF PROGRESS IN IMPLEMENTING MANAGEMENT STRATEGIES.— Section 304(e) (16 U.S.C. 1434(e)) is amended— (1) by striking "management techniques," and inserting "management techniques and strategies,"; and (2) by adding at the end the following: "This review shall include a prioritization of management objectives.". (f) LIMITATION ON DESIGNATION OP NEW SANCTUARIES.—Section 304 (16 U.S.C. 1434) is amended by adding at the end the following: " (f) LIMITATION ON DESIGNATION OF NEW SANCTUARIES.— "(1) FINDING REQUIRED.— The Secretary may not publish in the Federal Register any sanctuary designation notice or regulations proposing to designate a new sanctuary, unless the Secretary has published a finding that— "(A) the addition of a new sanctuary will not have a negative impact on the System; and "(B) sufficient resources were available in the fiscal year in which the finding is made to— "(i) effectively implement sanctuary management plans for each sanctuary in the System; and "(ii) complete site characterization studies and inventory known sanctuary resources, including cultural resources, for each ssmctuary in the System within 10 years after the date that the finding is made if the resources available for those activities are maintained at the same level for each fiscal year in that 10 year period. "(2) DEADLINE. —I f the Secretary does not submit the findings required by paragraph (1) before February 1, 2004, the Secretary shall submit to the Congress before October 1, 2004, a finding with respect to whether the requirements of paragraph (2) have been met by all existing sanctuaries. "(3) LIMITATION ON APPLICATION.— Paragraph (1) does not apply to any sanctuary designation documents for— "(A) a Thunder Bay National Marine Ssmctuary; or "(B) a Northwestern Hawaiian Islands National Marine Sanctuary.". (g) NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF RESERVE.— (1) PRESIDENTIAL DESIGNATION.— The President, after consultation with the Governor of the State of Hawaii, may designate any Northwestern Hawaiian Islands coral reef or coral