[Pages H4463-H4464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ALABAMA UNDERWATER FOREST NATIONAL MARINE SANCTUARY AND PROTECTION ACT

Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 897) to provide for the establishment of the Alabama
Underwater Forest National Marine Sanctuary, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 897

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Alabama Underwater Forest
National Marine Sanctuary and Protection Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) An ancient cypress forest dating back 50,000 to 70,000
years has been exposed in the Gulf of Mexico off the Alabama
coastline.
(2) The cypress trees, which were uncovered by massive
waves associated with Hurricane Ivan, are still rooted in the
mud they were growing in at least 50,000 years ago.
(3) The Underwater Forest site is unique on a global scale,
the only known site where trees between 50,000 and 70,000
years old have been preserved intact with the ecosystem they
were growing in.
(4) Exploration of the site continues to yield invaluable
scientific insight in a variety of fields, though scientists
have just begun to study the ancient forest.

SEC. 3. POLICY AND PURPOSE.

(a) Policy.--It is the policy of the United States to
protect and preserve the ancient cypress trees located off
the coast of Alabama, known as the Alabama Underwater Forest.
(b) Purpose.--The purpose of this Act is to protect the
resources of the area described in section 5(b), to educate
and interpret for the public regarding the ancient Alabama
Underwater Forest environment, and to manage human uses of
the Alabama Underwater Forest National Marine Sanctuary
consistent with this Act.

SEC. 4. DEFINITIONS.

In this Act--
(1) Sanctuary.--The term ``Sanctuary'' means the Alabama
Underwater Forest National Marine Sanctuary designated under
section 5(a).
(2) Secretary.--the term ``Secretary'' means the Secretary
of Commerce.

SEC. 5. SANCTUARY DESIGNATION.

(a) Designation.--The area described in subsection (b) is
designated as the Alabama Underwater Forest National Marine
Sanctuary pursuant to title III of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et
seq.).
(b) Area Included.--
(1) In general.--The Sanctuary shall consist only of all
waters and submerged lands within the boundary described in
paragraph (2).
(2) Boundary.--The boundary referred to in paragraph (1)
shall encompass only the area within the following
coordinates:
(A) 30 degrees, 7 minutes, 20.2116 seconds north latitude;
87 degrees, 49 minutes, 15.7404 seconds west longitude.
(B) 30 degrees, 7 minutes, 20.2116 seconds north latitude;
87 degrees, 43 minutes, 44.8536 seconds west longitude.
(C) 30 degrees, 5 minutes, 42.6552 seconds north latitude;
87 degrees, 49 minutes, 15.7404 seconds west longitude.
(D) 30 degrees, 5 minutes, 42.6552 seconds north latitude;
87 degrees, 43 minutes, 44.8536 seconds west longitude.
(E) 30 degrees, 7 minutes, 20.2116 seconds north latitude;
87 degrees, 49 minutes, 15.7404 seconds west longitude.
(3) Charts.--The Sanctuary shall be generally identified
and depicted on National Oceanic and Atmospheric
Administration charts that shall be maintained on file and
kept available for public examination during regular business
hours at the Office of Ocean and Coastal Resource Management
of the National Oceanic and Atmospheric Administration and in
online format and which shall be updated to reflect boundary
modifications made pursuant to this section.

SEC. 6. PROHIBITION OF CERTAIN USES.

(a) Prohibited Activities.--The following activities are
prohibited and are unlawful for any person to conduct or to
cause to be conducted within the Sanctuary:
(1) Cutting, removing, or any kind of subsurface salvage of
the cypress trees.
(2) Lowering below the surface of the water any grappling,
suction, conveyor, dredging, or wrecking device.
(3) Detonating below the surface of the water any explosive
or explosive mechanism.
(4) Drilling or coring the seabed.
(5) Lowering, laying, positioning, or raising any type of
seabed cable or cable-laying device.
(b) Exceptions.--
(1) In general.--The prohibitions in subsection (a) shall
not apply to the following:
(A) Fishing, diving, mooring, or similar recreational or
commercial activities.
(B) Necessary operations of public vessels, including
operations essential for national defense, law enforcement,
and responses to emergencies that threaten life, property, or
the environment.
(C) Construction or placement of artificial reef structures
for the purpose of enhancing fishery resources, fishing
opportunities, or recreational diving opportunities.
(D) Exploration, development, or production of oil or gas
pursuant to a lease, permit, or other authorization, provided
such lease, permit, or authorization is issued on or before
the date of the enactment of this Act.
(2) Other activities.--The Secretary, acting through the
Director of the Office of National Marine Sanctuaries, may
allow a person to conduct an activity that would otherwise be
prohibited under subsection (a) if such activity meets the
standards of Title III of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as
determined by the Secretary.

SEC. 7. COMPREHENSIVE MANAGEMENT PLAN.

(a) Preparation of Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary, in consultation
with appropriate Federal, State, and local government
authorities and with the advisory council established under
section 8, shall develop a comprehensive management plan and
implement regulations to achieve the policy and purpose of
this Act.
(2) Applicable law.--In developing the comprehensive
management plan and implementing regulations under paragraph
(1), the Secretary shall follow the procedures described in
sections 303 and 304 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434).
(3) Plan details.--The comprehensive management plan
required under paragraph (1) shall--
(A) facilitate all public and private uses of the Sanctuary
compatible with the primary objective of Sanctuary resource
protection, with a focus on facilitating--
(i) fishing, diving, or similar recreational or commercial
activities; and
(ii) construction or placement of artificial reef
structures for the purpose of enhancing fishery resources,
fishing opportunities, or recreational diving opportunities;
(B) consider temporal and geographical zoning, to ensure
protection of Sanctuary resources;
(C) identify needs for research and ecological monitoring;
and
(D) ensure coordination and cooperation between Sanctuary
managers and--
(i) other Federal, State, and local authorities with
jurisdiction within or adjacent to the Sanctuary; and
(ii) owners, operators, and stakeholders with respect to
existing oil and gas operations within or adjacent to the
Sanctuary.
(b) Public Participation.--The Secretary shall provide for
the participation of the general public in the development of
the comprehensive management plan.

SEC. 8. ADVISORY COUNCIL.

(a) Establishment.--The Secretary shall establish an
advisory council pursuant to section 315 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1445a) to advise the Secretary with respect to the
designation and management of the Sanctuary.
(b) Membership.--The Secretary shall include a
representative from the Alabama Department of Conservation
and Natural Resources as a voting member of the advisory
council.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Nevada (Ms. Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.

General Leave

Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 897, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 897, the Alabama Underwater
Forest National Marine Sanctuary and Protection Act.
Representative Carl's legislation seeks to protect an underwater
forest located 10 miles off the coast of Gulf Shores, Alabama, in the
Gulf of Mexico.
At roughly 60,000 years old, this forest provides a window into our
past in a way that is not found anywhere else on Earth. Protecting this
resource is critical for the research efforts that it supports.
This forest was first discovered by local fishermen in 2004 in the
aftermath of Hurricane Ivan and has received attention from scientists
and universities around the world.
H.R. 897 designates the forest as a sanctuary in a manner which
embraces the multiple use of our Nation's natural resources. The
legislation protects the forest by prohibiting the cutting or removing
of the forest's trees while also providing protections for national

[[Page H4464]]

security and law enforcement activity, commercial and recreational
fishing, and energy production that was previously permitted or
authorized.
I commend my colleague, Representative Carl, for his efforts to
advance the legislation. Mr. Speaker, I support H.R. 897, and I reserve
the balance of my time.
Ms. LEE of Nevada. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 897 would establish the Alabama Underwater Forest National
Marine Sanctuary, which would safeguard a remarkable and ancient
natural reserve.
In 2004, Hurricane Ivan unearthed a well-preserved ancient cypress
forest, still rooted in the mud, 60 feet underwater in the Gulf of
Mexico, south of Gulf Shores, Alabama.
Scientific analysis of the cypress trees reveals that they are over
50,000 years old, dating back to a time when the sea levels were
approximately 400 feet lower than today.
This forest is a unique relic of our planet's past and the only known
site where a coastal forest of such antiquity remains preserved.
The Alabama underwater forest is a valuable source of information,
offering insights into ancient climate conditions, regional rainfall
patterns, insect populations, and plant life on the Gulf Coast before
humans inhabited the Americas.
However, its preservation is under threat.
In 2020, a furniture company applied for a permit from the Army Corps
of Engineers to harvest the ancient cypress wood for profit.
Establishing this marine sanctuary will prevent commercial
exploitation and protect this irreplaceable ecosystem for future
generations. It will ensure that the site remains undisturbed, allowing
for continued scientific research and environmental education.
Additionally, the sanctuary will provide opportunities for ecotourism
and research, boosting the local economy while fostering a greater
understanding of our natural heritage.
I urge my colleagues to support this legislation to protect and
preserve this unique piece of natural history. Mr. Speaker, I reserve
the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Alabama (Mr. Carl), the sponsor of this bill.
Mr. CARL. Mr. Speaker, my bill, the Alabama Underwater Forestry
National Marine Sanctuary and Protection Act is an important measure to
safeguard Alabama's ancient underwater cypress forest.
Importantly, this bill strikes a balance between conservation and
recreational use of this site. By designating the underwater forest as
a national marine sanctuary, we are preserving a one-of-a-kind, 60,000-
year-old natural marvel. There isn't anything quite like Alabama's
underwater forest that has been discovered in terms of the size and the
age that we are dealing with here.
The underwater forest offers an opportunity for recreational
opportunities such as scuba diving and fishing. The bill ensures that
the site remains protected, prohibiting the removal of ancient trees
while allowing responsible access for the public. Just like Yellowstone
or Yosemite, this forest should be accessible to tourists while
protected from disruptive activities--and this bill does just that.

It is critical to recognize the benefits that will ripple through
south Alabama's economy. We are not just preserving a natural wonder;
we are laying the foundation for sustained economic gains. This
legislation ensures the underwater cypress forest remains a source of
pride, wonder, and economic opportunity for generations to come.
I urge my colleagues to support the passage of this bill.
Ms. LEE of Nevada. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
Adoption of H.R. 897 will protect the underwater forest in the Gulf
of Mexico for future scientific and research efforts while allowing for
the multiple uses of the Gulf to continue to occur.
This legislation also ensures that the Department of Commerce and
NOAA work with State and local officials in Alabama, including the
State Department of Conservation and Natural Resources. This approach
to conservation and the protection of natural resources is consistent
with the approach that Republicans have taken toward these issues
ensuring that the State and local officials are consulted and that
voices with varying perspectives are heard and accommodated.
Mr. Speaker, I will just add that this is a very unique opportunity.
A little over 20 years ago we had no idea this forest was even there,
and because the hurricane had deep waves that scoured the forest floor,
they found this marvelous resource of a cypress forest that once grew
obviously on dry land when the ocean was at least 60 and probably many
feet less deep than it is right now.
To be able to have this to study to tell us more about our past which
should inform us about our future is truly remarkable.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 897, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTERMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

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