The National Environmental Policy Act of 1969, referred to in subsec. (a)(2)(A), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Submerged Lands Act, referred to in subsec. (a)(2)(C)(iv), is act May 22, 1953, ch. 65, 67 Stat. 29, which is classified generally to subchapters I and II (§§ 1301 et seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43, and Tables.

This Act, referred to in subsec. (span)(1), means Puspan. L. 92–532, which enacted this chapter, chapter 32A (§ 1447 et seq.) of this title, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Waters.

2000—Subsec. (a)(1)(C). Puspan. L. 106–555, § 205(span)(1), struck out “the Secretary shall” before “submit a copy”.

Puspan. L. 106–513, § 6(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) required the Secretary to submit certain documents to committees of the House and Senate.

Subsec. (a)(2). Puspan. L. 106–513, § 6(span), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The Secretary shall—

“(A) prepare a draft environmental impact statement, as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), on the proposal that includes the resource assessment report required under section 1433(span)(3) of this title, maps depicting the boundaries of the proposed designated area, and the existing and potential uses and resources of the area; and

“(B) make copies of the draft environmental impact statement available to the public.”

Subsec. (a)(2)(E). Puspan. L. 106–555, § 205(span)(2), substituted “determinations” for “findings”.

Subsec. (a)(5). Puspan. L. 106–513, § 19(span)(4), substituted “Magnuson-Stevens Act” for “Magnuson Act”.

Subsec. (a)(6). Puspan. L. 106–513, § 19(a)(2), substituted “Resources” for “Merchant Marine and Fisheries”.

Subsec. (span)(2). Puspan. L. 106–513, § 6(c), inserted “or System” after “of the sanctuary”.

Subsec. (d)(4). Puspan. L. 106–513, § 6(d), added par. (4).

Subsec. (e). Puspan. L. 106–513, § 6(e), substituted “management techniques and strategies,” for “management techniques,” and inserted at end “This review shall include a prioritization of management objectives.”

Subsec. (f). Puspan. L. 106–513, § 6(f), added subsec. (f).

Subsec. (f)(2). Puspan. L. 106–562 substituted “subparagraphs (A) and (B) of paragraph (1)” for “paragraph (2)”.

1996—Subsec. (span)(3). Puspan. L. 104–283 struck out “(A)” before “In computing the forty-five-day”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, adjusted margins, and struck out former subpars. (B) and (C) which read as follows:

“(B) When the committee to which a joint resolution has been referred has reported such a resolution, it shall at any time thereafter be in order to move to proceed to the consideration of the resolution. The motion shall be privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.

“(C) This subsection is enacted by Congress as an exercise of the rulemaking power of each House of Congress, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the case of resolutions described in this subsection. This subsection supersedes other rules only to the extent that they are inconsistent therewith, and is enacted with full recognition of the constitutional right of either House to change the rules (so far as those relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”

1992—Subsec. (a)(1)(C). Puspan. L. 102–587, § 2104(a)(2), substituted “documents, including an executive summary, consisting of—” for “a prospectus on the proposal which shall contain—”.

Subsec. (a)(5). Puspan. L. 102–587, § 2104(a)(3), substituted “Exclusive Economic Zone” for “United States Fishery Conservation Zone” and inserted at end “The Secretary shall also cooperate with other appropriate fishery management authorities with rights or responsibilities within a proposed sanctuary at the earliest practicable stage in drafting any sanctuary fishing regulations.”

Subsec. (a)(6). Puspan. L. 102–587, § 2104(a)(1), substituted “documents” for “prospectus” wherever appearing.

Subsec. (span)(1). Puspan. L. 102–587, § 2104(span)(1), substituted at end “, in the case of a national marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.” for the dash after “unless” and subpars. (A) and (B) which read as follows:

“(A) the designation or any of its terms is disapproved by enactment of a joint resolution of disapproval described in paragraph (3); or

“(B) in the case of a natural marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.”

Subsec. (span)(2). Puspan. L. 102–587, § 2104(span)(2), substituted “actions taken under paragraph (1)” for “actions taken under paragraph (1)(A) or (B)” and “terms of the designation not certified under paragraph (1)” for “terms of the designation not disapproved under paragraph (1)(A) or not certified under paragraph (1)(B)”.

Subsec. (span)(3), (4). Puspan. L. 102–587, § 2104(span)(3), redesignated par. (4) as (3) and struck out former par. (3) which defined a Congressional resolution of disapproval for purposes of this subsection.

Subsec. (c)(1). Puspan. L. 102–587, § 2104(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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 if the lease, permit, license, or right—

“(A) was in existence on October 19, 1984, with respect to any national marine sanctuary designated before that date; or

“(B) is in existence on the date of designation of any national marine sanctuary, with respect to any national marine sanctuary designated after October 19, 1984.”

Subsecs. (d), (e). Puspan. L. 102–587, § 2104(d), added subsecs. (d) and (e).

1988—Subsec. (span)(1). Puspan. L. 100–627 inserted requirement that notice be published in the Federal Register of proposed marine sanctuary site designation within 30 months after notice of active candidacy of site for sanctuary designation or that within such period findings be published why notice has not been published.

1984—Puspan. L. 98–498 amended section generally, substituting provisions relating to procedures for designation and implementation of a marine sanctuary for provisions relating to authorization of appropriations. See section 1438 of this title.

1981—Puspan. L. 97–109 inserted provisions authorizing appropriations of not to exceed $2,235,000 for fiscal year 1982, and not to exceed $2,235,000 for fiscal year 1983.

1980—Puspan. L. 96–332 inserted provisions authorizing appropriations of not to exceed $2,250,000 for fiscal year 1981.

1977—Puspan. L. 95–153 inserted provision authorizing appropriations not to exceed $500,000 for fiscal year 1978.

1976—Puspan. L. 94–326 inserted provision authorizing to be appropriated not to exceed $500,000 for fiscal year 1977.

1975—Puspan. L. 94–62 substituted provisions authorizing to be appropriated not to exceed $10,000,000 for each of fiscal years 1973, 1974, and 1975, for provisions authorizing to be appropriated for fiscal year in which this Act was enacted and for next two fiscal years thereafter not to exceed $10,000,000 for each such fiscal year, and inserted provisions authorizing to be appropriated not to exceed $6,200,000 for fiscal year 1976, and not to exceed $1,550,000 for the transition period (July 1, through Sept. 30, 1976).

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Puspan. L. 106–562, title III, § 307(c), Dec. 23, 2000, 114 Stat. 2807, provided that:

Amendment by Puspan. L. 106–555 effective immediately after the National Marine Sanctuaries Amendments Act of 2000, Puspan. L. 106–513, takes effect, see section 205(c) of Puspan. L. 106–555, set out as a note under section 1433 of this title.