Collapse to view only § 1431. Findings, purposes, and policies; establishment of system
- § 1431. Findings, purposes, and policies; establishment of system
- § 1432. Definitions
- § 1433. Sanctuary designation standards
- § 1434. Procedures for designation and implementation
- § 1435. Application of regulations; international negotiations and cooperation
- § 1436. Prohibited activities
- § 1437. Enforcement
- § 1438. Repealed.
- § 1439. Regulations
- § 1440. Research, monitoring, and education
- § 1441. Special use permits
- § 1442. Cooperative agreements, donations, and acquisitions
- § 1443. Destruction or loss of, or injury to, sanctuary resources
- § 1444. Authorization of appropriations
- § 1445. U.S.S. Monitor artifacts and materials
- § 1445a. Advisory Councils
- § 1445b. Enhancing support for national marine sanctuaries
- § 1445c. Dr. Nancy Foster Scholarship Program
- § 1445c-1. Dr. Nancy Foster Scholarship Program
§ 1431. Findings, purposes, and policies; establishment of system
(a) FindingsThe Congress finds that—
(1) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark;
(2) certain areas of the marine environment possess conservation, recreational, ecological, historical, scientific, educational, cultural, archeological, or esthetic qualities which give them special national, and in some cases international, significance;
(3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment; and
(4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will—
(A) improve the conservation, understanding, management, and wise and sustainable use of marine resources;
(B) enhance public awareness, understanding, and appreciation of the marine environment; and
(C) maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas.
(b) Purposes and policiesThe purposes and policies of this chapter are—
(1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance and to manage these areas as the National Marine Sanctuary System;
(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities;
(3) to maintain the natural biological communities in the national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and ecological processes;
(4) to enhance public awareness, understanding, appreciation, and wise and sustainable use of the marine environment, and the natural, historical, cultural, and archeological resources of the National Marine Sanctuary System;
(5) to support, promote, and coordinate scientific research on, and long-term monitoring of, the resources of these marine areas;
(6) to facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities;
(7) to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas;
(8) to create models of, and incentives for, ways to conserve and manage these areas, including the application of innovative management techniques; and
(9) to cooperate with global programs encouraging conservation of marine resources.
(c) Establishment of system
(Pub. L. 92–532, title III, § 301, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L. 102–587, title II, § 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L. 104–283, § 9(a), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 3, Nov. 13, 2000, 114 Stat. 2381.)
§ 1432. DefinitionsAs used in this chapter, the term—
(1) “draft management plan” means the plan described in section 1434(a)(1)(C)(v) 1
1 See References in Text note below.
of this title;(2) “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(3) “marine environment” means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law;
(4) “Secretary” means the Secretary of Commerce;
(5) “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States;
(6) “damages” includes—
(A) compensation for—
(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource; and(II) the value of the lost use of a sanctuary resource pending its restoration or replacement or the acquisition of an equivalent sanctuary resource; or
(ii) the value of a sanctuary resource if the sanctuary resource cannot be restored or replaced or if the equivalent of such resource cannot be acquired;
(B) the cost of damage assessments under section 1443(b)(2) of this title;
(C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources;
(D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and
(E) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a sanctuary resource;
(7) “response costs” means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title;
(8) “sanctuary resource” means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, educational, cultural, archeological, scientific, or aesthetic value of the sanctuary; and
(9) “exclusive economic zone” means the exclusive economic zone as defined in the Magnuson-Stevens Act; and
(10) “System” means the National Marine Sanctuary System established by section 1431 of this title.
(Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97–375, title II, § 202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100–627, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, § 2102, Nov. 4, 1992, 106 Stat. 5040; Pub. L. 104–283, § 9(b), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§ 4, 19(b)(1), (2), Nov. 13, 2000, 114 Stat. 2382, 2392, 2393.)
§ 1433. Sanctuary designation standards
(a) StandardsThe Secretary may designate any discrete area of the marine environment as a national marine sanctuary and promulgate regulations implementing the designation if the Secretary determines that—
(1) the designation will fulfill the purposes and policies of this chapter;
(2) the area is of special national significance due to—
(A) its conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or esthetic qualities;
(B) the communities of living marine resources it harbors; or
(C) its resource or human-use values;
(3) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education;
(4) designation of the area as a national marine sanctuary will facilitate the objectives stated in paragraph (3); and
(5) the area is of a size and nature that will permit comprehensive and coordinated conservation and management.
(b) Factors and consultations required in making determinations and findings
(1) FactorsFor purposes of determining if an area of the marine environment meets the standards set forth in subsection (a), the Secretary shall consider—
(A) the area’s natural resource and ecological qualities, including its contribution to biological productivity, maintenance of ecosystem structure, maintenance of ecologically or commercially important or threatened species or species assemblages, maintenance of critical habitat of endangered species, and the biogeographic representation of the site;
(B) the area’s historical, cultural, archaeological, or paleontological significance;
(C) the present and potential uses of the area that depend on maintenance of the area’s resources, including commercial and recreational fishing, subsistence uses, 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 chapter;
(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;
(I) the socioeconomic effects of sanctuary designation;
(J) the area’s scientific value and value for monitoring the resources and natural processes that occur there;
(K) the feasibility, where appropriate, of employing innovative management approaches to protect sanctuary resources or to manage compatible uses; and
(L) the value of the area as an addition to the System.
(2) ConsultationIn making determinations and findings, the Secretary shall consult with—
(A) the Committee on Resources 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-Stevens Act (16 U.S.C. 1852) that may be affected by the proposed designation; and
(E) other interested persons.
(Pub. L. 92–532, title III, § 303, Oct. 23, 1972, 86 Stat. 1062; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 102–587, title II, § 2103, Nov. 4, 1992, 106 Stat. 5041; Pub. L. 106–513, §§ 5, 19(a)(1), (b)(3), Nov. 13, 2000, 114 Stat. 2383, 2392, 2393; Pub. L. 106–555, title II, § 205(a), Dec. 21, 2000, 114 Stat. 2769.)
§ 1434. Procedures for designation and implementation
(a) Sanctuary proposal
(1) NoticeIn proposing to designate a national marine sanctuary, the Secretary shall—
(A) issue, in the Federal Register, a notice of the proposal, proposed regulations that may be necessary and reasonable to implement the proposal, and a summary of the draft management plan;
(B) provide notice of the proposal in newspapers of general circulation or electronic media in the communities that may be affected by the proposal; and
(C) no later than the day on which the notice required under subparagraph (A) is submitted to the Office of the Federal Register, submit a copy of that notice and the draft sanctuary designation documents prepared pursuant to paragraph (2), including an executive summary, to the Committee on Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Governor of each State in which any part of the proposed sanctuary would be located.
(2) Sanctuary designation documentsThe Secretary shall prepare and make available to the public sanctuary designation documents on the proposal that include the following:
(A) A draft environmental impact statement pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) A resource assessment that documents—
(i) present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial, governmental, or recreational uses;
(ii) after consultation with the Secretary of the Interior, any commercial, governmental, or recreational resource uses in the areas that are subject to the primary jurisdiction of the Department of the Interior; and
(iii) information prepared in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency, on any past, present, or proposed future disposal or discharge of materials in the vicinity of the proposed sanctuary.
Public disclosure by the Secretary of such information shall be consistent with national security regulations.
(C) A draft management plan for the proposed national marine sanctuary that includes the following:
(i) The terms of the proposed designation.
(ii) Proposed mechanisms to coordinate existing regulatory and management authorities within the area.
(iii) The proposed goals and objectives, management responsibilities, resource studies, and appropriate strategies for managing sanctuary resources of the proposed sanctuary, including interpretation and education, innovative management strategies, research, monitoring and assessment, resource protection, restoration, enforcement, and surveillance activities.
(iv) An evaluation of the advantages of cooperative State and Federal management if all or part of the proposed sanctuary is within the territorial limits of any State or is superjacent to the subsoil and seabed within the seaward boundary of a State, as that boundary is established under the Submerged Lands Act (43 U.S.C. 1301 et seq.).
(v) An estimate of the annual cost to the Federal Government of the proposed designation, including costs of personnel, equipment and facilities, enforcement, research, and public education.
(vi) The proposed regulations referred to in paragraph (1)(A).
(D) Maps depicting the boundaries of the proposed sanctuary.
(E) The basis for the determinations made under section 1433(a) of this title with respect to the area.
(F) An assessment of the considerations under section 1433(b)(1) of this title.
(3) Public hearing
(4) Terms of designation
(5) Fishing regulations
(6) Committee action
(b) Taking effect of designations
(1) Notice
(2) Withdrawal of designation
(3) ProceduresIn computing the forty-five-day periods of continuous session of Congress pursuant to subsection (a)(6) and paragraph (1) of this subsection—
(A) continuity of session is broken only by an adjournment of Congress sine die; and
(B) the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain are excluded.
(c) Access and valid rights
(1) Nothing in this chapter shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access that is in existence on the date of designation of any national marine sanctuary.
(2) The exercise of a lease, permit, license, or right is subject to regulation by the Secretary consistent with the purposes for which the sanctuary is designated.
(d) Interagency cooperation
(1) Review of agency actions
(A) In general
(B) Agency statements required
(2) Secretary’s recommended alternatives
(3) Response to recommendations
(4) Failure to follow alternative
(e) Review of management plans
(f) Limitation on designation of new sanctuaries
(1) Finding requiredThe Secretary may not publish in the Federal Register any sanctuary designation notice or regulations proposing to designate a new sanctuary, unless the Secretary has published a finding that—
(A) the addition of a new sanctuary will not have a negative impact on the System; and
(B) sufficient resources were available in the fiscal year in which the finding is made to—
(i) effectively implement sanctuary management plans for each sanctuary in the System; and
(ii) complete site characterization studies and inventory known sanctuary resources, including cultural resources, for each sanctuary in the System within 10 years after the date that the finding is made if the resources available for those activities are maintained at the same level for each fiscal year in that 10 year period.
(2) Deadline
(3) Limitation on applicationParagraph (1) does not apply to any sanctuary designation documents for—
(A) a Thunder Bay National Marine Sanctuary; or
(B) a Northwestern Hawaiian Islands National Marine Sanctuary.
(Pub. L. 92–532, title III, § 304, Oct. 23, 1972, 86 Stat. 1063; Pub. L. 94–62, § 4, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 4, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 3, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–332, § 3, Aug. 29, 1980, 94 Stat. 1059; Pub. L. 97–109, Dec. 26, 1981, 95 Stat. 1512; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2298; Pub. L. 100–627, title II, § 202, Nov. 7, 1988, 102 Stat. 3214; Pub. L. 102–587, title II, § 2104, Nov. 4, 1992, 106 Stat. 5041; Pub. L. 104–283, § 9(h), Oct. 11, 1996, 110 Stat. 3368; Pub. L. 106–513, §§ 6(a)–(f), 19(a)(2), (b)(4), Nov. 13, 2000, 114 Stat. 2383–2385, 2392, 2393; Pub. L. 106–555, title II, § 205(b), Dec. 21, 2000, 114 Stat. 2769; Pub. L. 106–562, title III, § 307(a), Dec. 23, 2000, 114 Stat. 2807.)
§ 1435. Application of regulations; international negotiations and cooperation
(a) Regulations
This chapter and the regulations issued under section 1434 of this title shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with—
(1) generally recognized principles of international law;
(2) an agreement between the United States and the foreign state of which the person is a citizen; or
(3) an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.
(b) Negotiations
(c) International cooperation
(Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.)
§ 1436. Prohibited activitiesIt is unlawful for any person to—
(1) destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary;
(2) possess, sell, offer for sale, purchase, import, export, deliver, carry, transport, or ship by any means any sanctuary resource taken in violation of this section;
(3) interfere with the enforcement of this chapter by—
(A) refusing to permit any officer authorized to enforce this chapter to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person’s control for the purposes of conducting any search or inspection in connection with the enforcement of this chapter;
(B) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this chapter or any such authorized officer in the conduct of any search or inspection performed under this chapter; or
(C) knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce this chapter in connection with any search or inspection conducted under this chapter; or
(4) violate any provision of this chapter or any regulation or permit issued pursuant to this chapter.
(Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2106, Nov. 4, 1992, 106 Stat. 5043; Pub. L. 106–513, § 7, Nov. 13, 2000, 114 Stat. 2386.)
§ 1437. Enforcement
(a) In general
(b) Powers of authorized officersAny person who is authorized to enforce this chapter may—
(1) board, search, inspect, and seize any vessel suspected of being used to violate this chapter or any regulation or permit issued under this chapter and any equipment, stores, and cargo of such vessel;
(2) seize wherever found any sanctuary resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter;
(3) seize any evidence of a violation of this chapter or of any regulation or permit issued under this chapter;
(4) execute any warrant or other process issued by any court of competent jurisdiction;
(5) exercise any other lawful authority; and
(6) arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by section 1436(3) of this title.
(c) Criminal offenses
(1) Offenses
(2) PunishmentAny person that is guilty of an offense under this subsection—
(A) except as provided in subparagraph (B), shall be fined under title 18, imprisoned for not more than 6 months, or both; or
(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this chapter or any person authorized to implement the provisions of this chapter, or places any such person in fear of imminent bodily injury, shall be fined under title 18, imprisoned for not more than 10 years, or both.
(d) Civil penalties
(1) Civil penalty
(2) Notice
(3) In rem jurisdiction
(4) Review of civil penalty
(5) Collection of penalties
(6) Compromise or other action by Secretary
(e) Forfeiture
(1) In general
(2) Application of the customs laws
(3) Disposal of sanctuary resources
(4) Presumption
(f) Payment of storage, care, and other costs
(1) Expenditures
(A) Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42.
(B) Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this chapter or any regulation or permit issued under this chapter.
(C) Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to—
(i) manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture;
(ii) pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or any regulation or permit issued under this chapter; and
(iii) manage and improve any other national marine sanctuary.
(2) Liability for costs
(g) Subpoenas
(h) Use of resources of State and other Federal agencies
(i) Coast Guard authority not limited
(j) Injunctive relief
(k) Area of application and enforceability
(l) Nationwide service of process
(Pub. L. 92–532, title III, § 307, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 100–627, title II, § 207, Nov. 7, 1988, 102 Stat. 3219; Pub. L. 102–587, title II, § 2107(a)–(c), (e), Nov. 4, 1992, 106 Stat. 5043, 5044; Pub. L. 104–283, § 9(c), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 8, Nov. 13, 2000, 114 Stat. 2387.)
§ 1438. Repealed. Pub. L. 100–627, title II, § 203(1), Nov. 7, 1988, 102 Stat. 3214
§ 1439. Regulations
The Secretary may issue such regulations as may be necessary to carry out this chapter.
(Pub. L. 92–532, title III, § 308, formerly § 309, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303; renumbered § 308, Pub. L. 100–627, title II, § 203(2), Nov. 7, 1988, 102 Stat. 3214; Pub. L. 106–513, § 9, Nov. 13, 2000, 114 Stat. 2387.)
§ 1440. Research, monitoring, and education
(a) In general
(b) Research and monitoring
(1) In general
The Secretary may—
(A) support, promote, and coordinate research on, and long-term monitoring of, sanctuary resources and natural processes that occur in national marine sanctuaries, including exploration, mapping, and environmental and socioeconomic assessment;
(B) develop and test methods to enhance degraded habitats or restore damaged, injured, or lost sanctuary resources; and
(C) support, promote, and coordinate research on, and the conservation, curation, and public display of, the cultural, archeological, and historical resources of national marine sanctuaries.
(2) Availability of results
(c) Education
(1) In general
(2) Educational activities
(d) Interpretive facilities
(1) In general
(2) Facility requirement
(e) Consultation and coordination
(Pub. L. 92–532, title III, § 309, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 102–587, title II, § 2108, Nov. 4, 1992, 106 Stat. 5045; Pub. L. 106–513, § 10, Nov. 13, 2000, 114 Stat. 2388.)
§ 1441. Special use permits
(a) Issuance of permits
The Secretary may issue special use permits which authorize the conduct of specific activities in a national marine sanctuary if the Secretary determines such authorization is necessary—
(1) to establish conditions of access to and use of any sanctuary resource; or
(2) to promote public use and understanding of a sanctuary resource.
(b) Public notice required
(c) Permit terms
A permit issued under this section—
(1) shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources;
(2) shall not authorize the conduct of any activity for a period of more than 5 years unless renewed by the Secretary;
(3) shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources; and
(4) shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the permit and to agree to hold the United States harmless against such claims.
(d) Fees
(1) Assessment and collection
(2) Amount
The amount of a fee under this subsection shall be equal to the sum of—
(A) costs incurred, or expected to be incurred, by the Secretary in issuing the permit;
(B) costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity; and
(C) an amount which represents the fair market value of the use of the sanctuary resource.
(3) Use of fees
Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary—
(A) for issuing and administering permits under this section; and
(B) for expenses of managing national marine sanctuaries.
(4) Waiver or reduction of fees
(e) Violations
Upon violation of a term or condition of a permit issued under this section, the Secretary may—
(1) suspend or revoke the permit without compensation to the permittee and without liability to the United States;
(2) assess a civil penalty in accordance with section 1437 of this title; or
(3) both.
(f) Reports
(g) Fishing
(Pub. L. 92–532, title III, § 310, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 106–513, § 11, Nov. 13, 2000, 114 Stat. 2389.)
§ 1442. Cooperative agreements, donations, and acquisitions
(a) Agreements and grants
(b) Authorization to solicit donations
(c) Donations
(d) Acquisitions
(e) Use of resources of other government agencies
(f)
(Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102–587, title II, § 2109, Nov. 4, 1992, 106 Stat. 5045; Pub. L. 104–283, § 9(d), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 12, Nov. 13, 2000, 114 Stat. 2389.)
§ 1443. Destruction or loss of, or injury to, sanctuary resources
(a) Liability
(1) Liability to United StatesAny person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of—
(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and
(B) interest on that amount calculated in the manner described under section 2705 of title 33.
(2) Liability in rem
(3) DefensesA person is not liable under this subsection if that person establishes that—
(A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care;
(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or
(C) the destruction, loss, or injury was negligible.
(4) Limits to liability
(b) Response actions and damage assessment
(1) Response actions
(2) Damage assessment
(c) Civil actions for response costs and damages
(1) The Attorney General, upon request of the Secretary, may commence a civil action against any person or vessel who may be liable under subsection (a) for response costs and damages. The Secretary, acting as trustee for sanctuary resources for the United States, shall submit a request for such an action to the Attorney General whenever a person may be liable for such costs or damages.
(2) An action under this subsection may be brought in the United States district court for any district in which—
(A) the defendant is located, resides, or is doing business, in the case of an action against a person;
(B) the vessel is located, in the case of an action against a vessel; or
(C) the destruction of, loss of, or injury to a sanctuary resource occurred.
(d) Use of recovered amountsResponse costs and damages recovered by the Secretary under this section shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42, and used as follows:
(1) Response costsAmounts recovered by the United States for costs of response actions and damage assessments under this section shall be used, as the Secretary considers appropriate—
(A) to reimburse the Secretary or any other Federal or State agency that conducted those activities; and
(B) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any sanctuary resource.
(2) Other amountsAll other amounts recovered shall be used, in order of priority—
(A) to restore, replace, or acquire the equivalent of the sanctuary resources that were the subject of the action, including for costs of monitoring and the costs of curation and conservation of archeological, historical, and cultural sanctuary resources;
(B) to restore degraded sanctuary resources of the national marine sanctuary that was the subject of the action, giving priority to sanctuary resources and habitats that are comparable to the sanctuary resources that were the subject of the action; and
(C) to restore degraded sanctuary resources of other national marine sanctuaries.
(3) Federal-State coordination
(e) Statute of limitations
(Pub. L. 92–532, title III, § 312, as added Pub. L. 100–627, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102–587, title II, §§ 2107(d), 2110, Nov. 4, 1992, 106 Stat. 5044, 5045; Pub. L. 104–283, § 9(e), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§ 13, 19(c), Nov. 13, 2000, 114 Stat. 2389, 2393.)
§ 1444. Authorization of appropriationsThere are authorized to be appropriated to the Secretary—
(1) to carry out this chapter—
(A) $32,000,000 for fiscal year 2001;
(B) $34,000,000 for fiscal year 2002;
(C) $36,000,000 for fiscal year 2003;
(D) $38,000,000 for fiscal year 2004;
(E) $40,000,000 for fiscal year 2005; and
(2) for construction projects at national marine sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005.
(Pub. L. 92–532, title III, § 313, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L. 101–605, § 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L. 102–587, title II, § 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L. 104–283, § 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106–513, § 14, Nov. 13, 2000, 114 Stat. 2390.)
§ 1445. U.S.S. Monitor artifacts and materials
(a) Congressional policy
(b) Disclaimer
This section shall not affect the following:
(1) Responsibilities of Secretary
(2) Authority of Secretary
(Pub. L. 92–532, title III, § 314, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3222; amended Pub. L. 106–513, § 15, Nov. 13, 2000, 114 Stat. 2391.)
§ 1445a. Advisory Councils
(a) Establishment
(b) Membership
Members of the Advisory Councils may be appointed from among—
(1) persons employed by Federal or State agencies with expertise in management of natural resources;
(2) members of relevant Regional Fishery Management Councils established under section 1852 of this title; and
(3) representatives of local user groups, conservation and other public interest organizations, scientific organizations, educational organizations, or others interested in the protection and multiple use management of sanctuary resources.
(c) Limits on membership
(d) Staffing and assistance
(e) Public participation and procedural matters
The following guidelines apply with respect to the conduct of business meetings of an Advisory Council:
(1) Each meeting shall be open to the public, and interested persons shall be permitted to present oral or written statements on items on the agenda.
(2) Emergency meetings may be held at the call of the chairman or presiding officer.
(3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register, except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register.
(4) Minutes of each meeting shall be kept and contain a summary of the attendees and matters discussed.
(Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L. 104–283, §§ 5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub. L. 106–513, §§ 16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391, 2393; Pub. L. 117–286, § 4(a)(112), Dec. 27, 2022, 136 Stat. 4318.)
§ 1445b. Enhancing support for national marine sanctuaries
(a) Authority
The Secretary may establish a program consisting of—
(1) the creation, adoption, and publication in the Federal Register by the Secretary of a symbol for the national marine sanctuary program, or for individual national marine sanctuaries or the System;
(2) the solicitation of persons to be designated as official sponsors of the national marine sanctuary program or of individual national marine sanctuaries;
(3) the designation of persons by the Secretary as official sponsors of the national marine sanctuary program or of individual sanctuaries;
(4) the authorization by the Secretary of the manufacture, reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol, by official sponsors of the national marine sanctuary program or of individual national marine sanctuaries;
(5) the creation, marketing, and selling of products to promote the national marine sanctuary program, and entering into exclusive or nonexclusive agreements authorizing entities to create, market or sell on the Secretary’s behalf;
(6) the solicitation and collection by the Secretary of monetary or in-kind contributions from official sponsors for the manufacture, reproduction or use of the symbols published under paragraph (1);
(7) the retention of any monetary or in-kind contributions collected under paragraphs (5) and (6) by the Secretary; and
(8) the expenditure and use of any monetary and in-kind contributions, without appropriation, by the Secretary to designate and manage national marine sanctuaries.
Monetary and in-kind contributions raised through the sale, marketing, or use of symbols and products related to an individual national marine sanctuary shall be used to support that sanctuary.
(b) Contract authority
(c) Restrictions
(d) Property of United States
(e) Prohibited activities
It is unlawful for any person—
(1) designated as an official sponsor to influence or seek to influence any decision by the Secretary or any other Federal official related to the designation or management of a national marine sanctuary, except to the extent that a person who is not so designated may do so;
(2) to represent himself or herself to be an official sponsor absent a designation by the Secretary;
(3) to manufacture, reproduce, or otherwise use any symbol adopted by the Secretary under subsection (a)(1), including to sell any item bearing such a symbol, unless authorized by the Secretary under subsection (a)(4) or subsection (f); or
(4) to violate any regulation promulgated by the Secretary under this section.
(f) Collaborations
(g) Authorization for non-profit partner organization to solicit sponsors
(1) In general
(2) Reimbursement for administrative costs
(3) Partner organization defined
In this subsection, the term “partner organization” means an organization that—
(A) draws its membership from individuals, private organizations, corporations, academic institutions, or State and local governments; and
(B) is established to promote the understanding of, education relating to, and the conservation of the resources of a particular sanctuary or 2 or more related sanctuaries.
(Pub. L. 92–532, title III, § 316, formerly Pub. L. 102–587, title II, § 2204, Nov. 4, 1992, 106 Stat. 5049; renumbered § 316 of Pub. L. 92–532 and amended Pub. L. 104–283, § 6, Oct. 11, 1996, 110 Stat. 3364; Pub. L. 106–513, § 17, Nov. 13, 2000, 114 Stat. 2391.)
§ 1445c. Dr. Nancy Foster Scholarship Program
(a) Establishment
(b) Purposes
The purposes of the Dr. Nancy Foster Scholarship Program are—
(1) to recognize outstanding scholarship in oceanography, marine biology, or maritime archeology, particularly by women and members of minority groups; and
(2) to encourage independent graduate level research in oceanography, marine biology, or maritime archeology.
(c) Award
Each Dr. Nancy Foster Scholarship—
(1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate level institution of higher education; and
(2) shall be awarded in accordance with guidelines issued by the Secretary.
(d) Distribution of funds
(e) Funding
(f) Scholarship repayment requirement
(g) Maritime archeology defined
(Pub. L. 92–532, title III, § 318, as added Pub. L. 106–513, § 18, Nov. 13, 2000, 114 Stat. 2392.)
§ 1445c–1. Dr. Nancy Foster Scholarship Program
(a) Establishment
(b) Purpose
(c) Award
Each Dr. Nancy Foster Scholarship award—
(1) shall be used to support a candidate’s graduate studies in marine biology, oceanography, or maritime archaeology at a sponsoring institution; and
(2) shall be made available to individual candidates in accordance with guidelines issued by the Secretary.
(d) Distribution of funds
(e) Funding
(f) Scholarship repayment requirement
(Pub. L. 106–553, § 1(a)(2) [title II, § 210], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.)