Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-483

======================================================================



 
MARIANAS TRENCH MARINE NATIONAL MONUMENT VISITOR FACILITY AUTHORIZATION 
                              ACT OF 2010

                                _______
                                

  May 18, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3511]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3511) to authorize the Secretary of the Interior 
to establish and operate a visitor facility to fulfill the 
purposes of the Marianas Trench Marine National Monument, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Marianas Trench Marine National 
Monument Visitor Facility Authorization Act of 2010''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) The terms ``Marine National Monument'' or ``monument'' 
        mean the Marianas Trench Marine National Monument established 
        by the President by a proclamation dated January 6, 2009.
          (2) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 3. MARIANAS TRENCH MARINE NATIONAL MONUMENT VISITOR FACILITY.

  (a) Visitor Facility Authorization.--The Secretary is authorized to 
construct a multipurpose visitor facility in the Commonwealth of the 
Northern Mariana Islands for the interpretation and public education 
and enjoyment of the marine environment within the boundaries of the 
Marine National Monument.
  (b) Visitor Facility Location and Description.--
          (1) In general.--The Secretary shall locate the visitor 
        facility authorized under subsection (a) in the Northern 
        Mariana Islands at a location suitable to fulfill the purposes 
        of this Act.
          (2) Components of visitor facility.--The facility authorized 
        under subsection (a) shall include--
                  (A) adequate space for permanent and temporary 
                exhibits depicting the biological, geological, 
                archaeological, cultural, and recreational heritage of 
                the monument;
                  (B) a venue for public education and interpretive 
                programs relevant to the natural, cultural, and 
                aesthetic resources of the monument, including formal 
                classroom space to provide opportunities for research, 
                training, and formal education regarding the monument;
                  (C) a location to highlight the importance of the 
                marine environment and the resources of the monument to 
                the people and culture of the Commonwealth of the 
                Northern Mariana Islands and other indigenous people 
                and cultures of the Western Pacific Ocean Basin;
                  (D) a location to provide information to the general 
                public about natural resources, parks, museums, 
                cultural resources, opportunities for wildlife-
                dependent outdoor recreation, and travel within the 
                Commonwealth of the Northern Mariana Islands that 
                provide opportunities for the visiting public to 
                actively or passively experience the monument and to 
                gain greater awareness and appreciation of the 
                resources therein;
                  (E) sufficient visitor amenities including restrooms, 
                public telephones, drinking water, and other basic 
                facilities; and
                  (F) administrative office space sufficient to fulfill 
                the management obligations and responsibilities of the 
                Secretary and other Federal agencies as specified in 
                the monument's enabling proclamation.

SEC. 4. DONATIONS.

  For the purposes of the planning, construction, and operation of the 
visitor facility authorized under section 3 of this Act, the Secretary 
may accept, retain, and expend donations of funds, and use property or 
services donated from private persons and entities or from public 
entities.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3511, as ordered reported, is to 
authorize the Secretary of the Interior to establish and 
operate a visitor facility to fulfill the purposes of the 
Marianas Trench Marine National Monument, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    On January 6, 2009, in recognition of the unique 
biological, ecological, geological and cultural heritage of the 
lands, waters and submerged lands of the Mariana Ridge, 
President George W. Bush signed Presidential Proclamation 8335 
to establish the Marianas Trench Marine National Monument. The 
creation of this monument, encompassing approximately 95,216 
square miles, will ensure the protection of rare and 
scientifically significant marine resources including the 
biologically rich waters of the archipelago's northern islands, 
as well as the unique geological and volcanic phenomena of the 
Mariana Ridge, including the Challenger Deep, the deepest part 
of Earth's oceans.
    The monument is composed of three units, the ``Islands 
Unit'' which includes the waters and submerged lands of the 
three northernmost Mariana Islands; the ``Volcanic Unit,'' made 
up of the submerged lands within one nautical mile of 21 
designated volcanic sites; and the ``Trench Unit,'' which 
extends from the northern limit of the Exclusive Economic Zone 
of the United States in the Commonwealth of the Northern 
Mariana Islands to the southern limit of the Exclusive Economic 
Zone of the United States in Guam, following the geographical 
footprint of the Mariana Trench.
    Under the terms of the proclamation the Secretary of the 
Interior has management responsibility for the monument, in 
consultation with the Secretary of Commerce, except with 
respect to fishery-related activities regulated pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act, over 
which the Secretary of Commerce will have primary management 
responsibility.\1\ The proclamation calls for the Secretaries 
of Commerce and the Interior to permit scientific exploration 
and research within the monument, prohibit commercial fishing 
within the Islands Unit, and ensure that subsistence, 
recreational, and traditional indigenous fishing will be 
managed as a sustainable activity.
---------------------------------------------------------------------------
    \1\Under Secretarial Order 3284, issued on January 16, 2009, the 
authority given to the Secretary of the Interior to manage the monument 
was delegated to the U.S. Fish and Wildlife Service (FWS). This order 
directed that the Trench and Volcanic Units be managed as units of the 
National Wildlife Refuge System, and the Island Unit be similarly 
managed by the Director of the FWS but not as a part of the National 
Wildlife Refuge System.
---------------------------------------------------------------------------
    The Secretaries of the Interior and Commerce are also 
required to establish management plans for the monument to 
encourage public education and outreach, promote monument-
related scientific exploration and research, tourism, and 
recreational and economic activities, and allow for traditional 
access to indigenous peoples for culturally significant 
subsistence, cultural, and religious uses.
    In addition, the proclamation requires that the 
Commonwealth of the Northern Mariana Islands be treated as a 
cooperating agency in regard to long-term planning and the 
establishment of an advisory council.

                            COMMITTEE ACTION

    H.R. 3511 was introduced on July 31, 2009 by Congressman 
Gregorio Sablan (D-MP). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs, Oceans and Wildlife. On 
February 25, 2010, the Subcommittee held a hearing on the bill. 
On May 5, 2010, the Subcommittee was discharged from the 
further consideration of H.R. 3511 and the full Natural 
Resources Committee met to consider the bill. Congressman Henry 
Brown (R-SC) offered an amendment striking Section 4 of the 
bill which authorized such sums as were necessary to fulfill 
the purposes of the Act. The amendment was adopted by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Marianas Trench Marine National Monument Visitor Facility 
Authorization Act of 2010.''

Section 2. Definitions

    This section defines the term ``Marine National Monument'' 
as the Marianas Trench Marine National Monument established by 
Presidential proclamation on January 6, 2009, and provides that 
the term ``Secretary'' means the Secretary of the Interior.

Section 3. Marianas Trench Marine National Monument Visitor Facility

    This section authorizes the Secretary to construct a 
multipurpose visitor facility in the Commonwealth of the 
Northern Mariana Islands for interpretation, public education 
and enjoyment of the marine environment within the boundaries 
of the Marine National Monument.

Section 4. Donations

    This section authorizes the Secretary to accept donations 
of funds, services and property for the planning, construction 
and operation of the visitor facility authorized to be 
constructed under this Act.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to establish and operate a visitor facility to fulfill 
the purposes of the Marianas Trench Marine National Monument, 
and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3511--Marianas Trench Marine National Monument Visitor Facility 
        Authorization Act of 2009

    Summary: H.R. 3511 would authorize the Secretary of the 
Interior to construct a visitor center at the Marianas Trench 
Marine National Monument. The bill also would allow the 
Secretary to collect and spend donations to support the 
construction and operation of the visitor center.
    Based on information from the Fish and Wildlife Service 
(FWS) and assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $19 
million over the 2011-2015 period. Enacting the legislation 
could increase offsetting receipts (from private donations) and 
associated direct spending; therefore, pay-as-you-go procedures 
would apply. However, CBO estimates that the net effects would 
be negligible for each year. Enacting the bill would not affect 
revenues.
    H.R. 3511 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3511 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                             ---------------------------------------------------
                                                               2011    2012    2013    2014    2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...............................      18       *       *       *       *          19
Estimated Outlays...........................................       8       8       2       *       *         19
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted late in fiscal year 2010 and that 
the necessary amounts will be appropriated for each fiscal 
year. Estimated outlays are based on historical spending 
patterns for similar activities.
    H.R. 3511 would authorize the construction of a visitor 
center at the Marianas Trench Marine National Monument. Based 
on information from the FWS, CBO estimates that constructing 
the facility would cost about $18 million and that operating 
costs for the visitor center would be less than $500,000 
annually. Assuming appropriation of the necessary amounts, we 
estimate that implementing the legislation would cost $19 
million over the 2011-2015 period.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 3511 could increase offsetting receipts (from 
private donations) and associated direct spending; therefore, 
pay-as-you-go procedures would apply. However, CBO estimates 
that any increase in offsetting receipts from donations would 
be less than $500,000 a year and would be offset by similar 
increases in direct spending. The net budgetary changes that 
are subject to pay-as-you-go procedures are shown in the 
following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3511, THE MARIANAS TRENCH MARINE NATIONAL MONUMENT VISITOR FACILITY AUTHORIZATION ACT OF 2009, AS ORDERED
                                           REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 3511 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3511 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.