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
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