Page:United States Statutes at Large Volume 110 Part 5.djvu/291

 PUBLIC LAW 104-283—OCT. 11, 1996 110 STAT. 3365 (9) In each of subsections (b), (c), and (d), as so redesignated, by striking "subsection (b)" and inserting "subsection (a)". SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY. (a) INCLUSION OF KAHOOLAWE ISLAND WATERS. —Section 2305 of the Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is amended— (1) in subsection (a)— (A) by striking "(A)" and inserting "(a)"; and (B) by striking "the area described in subsection (b) is" and inserting "the area described in subsection (b)(1) and any area included under subsection (b)(2) are"; (2) by amending subsection (b)(2) to read as follows: "(2)(A) Within 6 months after the date of receipt of a request in writing from the Kahoolawe Island Reserve Commission for inclusion within the Sanctusoy of the area of the marine environment within 3 nautical miles of the mean high tide line of Kahoolawe Island (in this section referred to as the 'Kahoolawe Island waters'), the Secretary shall determine whether those waters may be suitable for inclusion in the Sanctuary. "(B) If the Secretary determines under subparagraph (A) that the Kahoolawe Island waters may be suitable for inclusion within the Sanctuary— "(i) the Secretary shall provide notice of that determination Notices. to the Governor of Hawaii; and "(ii) the Secretary shall prepare a supplemental environmental impact statement, management plan, and implementing regulations for that inclusion in accordance with this Act, the National Meu-ine Sanctuaries Act, and the National Environmental Policy Act of 1969."; and (3) by amending subsection (c) to read as follows: "(c) EFFECT OF OBJECTION BY GOVERNOR. —(1)(A) If, within 45 days after the date of issuance of the comprehensive management plan and implementing regulations under section 2306, the Governor of Hawaii certifies to the Secretary that the management plan, the implementing regulations, or any term of the plan or regulations is imacceptable, the management plan, regulation, or term, respectively, shall not take effect in the area of the Sanctuary Iying within the seaward boimdary of the State of Hawaii. "(B) If the Secretary considers that an action under subparagraph (A) will affect the Sanctuary in such a manner that the policy or purposes of this title cannot be fulfQled, the Secretary may terminate the designation under subsection (a). At least 30 days before that termination, the Secretary shall submit written notice of the termination to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. "(2)(A) If, within 45 days after the Secretary issues the documents required under subsection (b)(2)(B)(ii), the Governor of Hawaii certifies to the Secretary that the inclusion of the Kahoolawe Island waters in the Sanctuary or any term of that inclusion is unacceptable— "(i) the inclusion or the term shall not take effect; and "(ii) subsection (b)(2) shall not apply during the 3-year period beginning on the date of that certification.

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