Alabama Underwater Forest National Marine Sanctuary and Protection Act

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.

The purpose of this Act is to protect the resources of the area described in section 4(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 and title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).

The term Sanctuary means the Alabama Underwater Forest National Marine Sanctuary designated under section 4(a).

The term Secretary means the Secretary of Commerce.

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.).

The Sanctuary shall consist only of all waters and submerged lands within the boundary described in paragraph (2).

The boundary referred to in paragraph (1) shall encompass only the area within the following coordinates:

(A) 30°, 7 minutes, 20.2116 seconds north latitude; 87°, 49 minutes, 15.7404 seconds west longitude.

(B) 30°, 7 minutes, 20.2116 seconds north latitude; 87°, 43 minutes, 44.8536 seconds west longitude.

(C) 30°, 5 minutes, 42.6552 seconds north latitude; 87°, 43 minutes, 44.8536 seconds west longitude.

(D) 30°, 5 minutes, 42.6552 seconds north latitude; 87°, 49 minutes, 15.7404 seconds west longitude.

(E) 30°, 7 minutes, 20.2116 seconds north latitude; 87°, 49 minutes, 15.7404 seconds west longitude.

The Sanctuary shall be generally identified and depicted on National Oceanic and Atmospheric Administration charts that shall be maintained in an online format and which shall be updated to reflect boundary modifications made pursuant to this section.

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 damaging cypress trees.

(2) Any kind of subsurface salvage of the cypress trees.

(3) Lowering below the surface of the water any grappling, suction, conveyor, dredging, or wrecking device.

(4) Detonating below the surface of the water any explosive or explosive mechanism.

(5) Drilling or coring the seabed.

(6) Lowering, laying, positioning, or raising any type of seabed cable or cable-laying device.

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, if such lease, permit, or authorization is issued on or before the date of enactment of this Act.

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.

Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal, State, and local government authorities and with the advisory council established under section 7, shall develop a comprehensive management plan and implement regulations to achieve the policy and purpose of this Act.

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).

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.

The Secretary shall provide for the participation of the general public in the development of the comprehensive management plan.

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.

The Secretary shall include a representative from the Alabama Department of Conservation and Natural Resources as a voting member of the advisory council.