Page:United States Statutes at Large Volume 98 Part 2.djvu/1138

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2298

PUBLIC LAW 98-498—OCT. 19, 1984 other commercial and recreational activities, and research and education; "(D) the present and potential activities that may adversely affect the factors identified in subparagraphs (A), (B),and(C); "(E) the existing State and Federal regulatory and management authorities applicable to the area and the adequacy of those authorities to fulfill the purposes and policies of this title; "(F) the manageability of the area, including such factors as its size, its ability to be identified as a discrete ecological unit with definable boundaries, its accessibility, and its suitability for monitoring and enforcement activities; "(G) the public benefits to be derived from sanctuary status, with emphasis on the benefits of long-term protection of nationally significant resources, vital habitats, and resources which generate tourism; "(H) the negative impacts produced by management restrictions on income-generating activities such as living and nonliving resources development; and "(I) the socioeconomic effects of sanctuary designation. "(2) CONSULTATION.—In making determinations and findings, the Secretary shall consult with— "(A) the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; "(B) the Secretaries of State, Defense, Transportation, and the Interior, the Administrator, and the heads of other interested Federal agencies; "(C) the responsible officials or relevant agency heads of the appropriate State and local government entities, including coastal zone management agencies, that will or are likely to be affected by the establishment of the area as a national marine sanctuary; "(D) the appropriate officials of any Regional Fishery Management Council established by section 302 of the Magnuson Act (16 U.S.C. 1852) that may be affected by the proposed designation; and "(E) other interested persons. "(3) RESOURCE ASSESSMENT REPORT.—In making determinations and findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 304(a)(1), a resource assessment report documenting present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource assessment section for the report regarding any commercial or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior.

16 USC 1434.

"SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. "(a) SANCTUARY PROPOSAL.—

"(1) NOTICE.—In proposing to designate a national marine sanctuary, the Secretary shall—