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(continued)
authority of the Coast Guard to enforce this or any other Federal
law under section 89 of title 14.
(j) Injunctive relief
If the Secretary determines that there is an imminent risk of
destruction or loss of or injury to a sanctuary resource, or that
there has been actual destruction or loss of, or injury to, a
sanctuary resource which may give rise to liability under section
1443 of this title, the Attorney General, upon request of the
Secretary, shall seek to obtain such relief as may be necessary to
abate such risk or actual destruction, loss, or injury, or to
restore or replace the sanctuary resource, or both. The district
courts of the United States shall have jurisdiction in such a case
to order such relief as the public interest and the equities of the
case may require.
(k) Area of application and enforceability
The area of application and enforceability of this chapter
includes the territorial sea of the United States, as described in
Presidential Proclamation 5928 of December 27, 1988, which is
subject to the sovereignty of the United States, and the United
States exclusive economic zone, consistent with international law.
(l) Nationwide service of process
In any action by the United States under this chapter, process
may be served in any district where the defendant is found,
resides, transacts business, or has appointed an agent for the
service of process.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 307, as added Pub. L. 98-498,
title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L.
100-627, title II, Sec. 207, Nov. 7, 1988, 102 Stat. 3219; Pub. L.
102-587, title II, Sec. 2107(a)-(c), (e), Nov. 4, 1992, 106 Stat.
5043, 5044; Pub. L. 104-283, Sec. 9(c), Oct. 11, 1996, 110 Stat.
3367; Pub. L. 106-513, Sec. 8, Nov. 13, 2000, 114 Stat. 2387.)

-REFTEXT-
REFERENCES IN TEXT
Presidential Proclamation 5928 of December 27, 1988, referred to
in subsec. (k), is set out as a note under section 1331 of Title
43, Public Lands.


-MISC1-
AMENDMENTS
2000 - Subsec. (b)(6). Pub. L. 106-513, Sec. 8(a), added par.
(6).
Subsecs. (c) to (f). Pub. L. 106-513, Sec. 8(b), added subsec.
(c) and redesignated former subsecs. (c) to (e) as (d) to (f),
respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 106-513, Sec. 8(b), (c), redesignated
subsec. (f) as (g) and inserted "electronic files," after "books,".
Former subsec. (g) redesignated (h).
Subsecs. (h) to (k). Pub. L. 106-513, Sec. 8(b), redesignated
subsecs. (g) to (j) as (h) to (k), respectively.
Subsec. (l). Pub. L. 106-513, Sec. 8(c), added subsec. (l).
1996 - Subsec. (e)(1)(A). Pub. L. 104-283 made technical
amendment to reference in original act which appears in text as
reference to section 9607(f)(1) of title 42.
1992 - Subsec. (c)(1). Pub. L. 102-587, Sec. 2107(a)(1),
substituted "$100,000" for "$50,000".
Subsec. (c)(3). Pub. L. 102-587, Sec. 2107(a)(2), struck out "and
may be proceeded against in any district court of the United States
having jurisdiction" after "assessed for such violation" and
inserted at end "Such penalty shall constitute a maritime lien on
the vessel and may be recovered in an action in rem in the district
court of the United States having jurisdiction over the vessel."
Subsec. (d)(1). Pub. L. 102-587, Sec. 2107(b), inserted at end
"The proceeds from forfeiture actions under this subsection shall
constitute a separate recovery in addition to any amounts recovered
as civil penalties under this section or as civil damages under
section 1443 of this title. None of those proceeds shall be subject
to set-off."
Subsec. (e)(1). Pub. L. 102-587, Sec. 2107(c), added par. (1) and
struck out former par. (1) which read as follows: "In general. -
Notwithstanding any other law, the Secretary may use amounts
received under this section in the form of civil penalties,
forfeitures of property, and costs imposed under paragraph (2) to
pay -
"(A) the reasonable and necessary costs incurred by the
Secretary in providing temporary storage, care, and maintenance
of any sanctuary resource or other property seized under this
section pending disposition of any civil proceeding relating to
any alleged violation with respect to which such property or
sanctuary resource was seized; and
"(B) 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 of any regulation or
permit issued under this chapter."
Subsec. (j). Pub. L. 102-587, Sec. 2107(e), added subsec. (j).
1988 - Pub. L. 100-627 amended section generally, substituting
provisions consisting of subsecs. (a) to (i) relating to
enforcement activities in general, powers of authorized officers,
civil penalties, forfeiture, payment of storage, care, and other
costs, subpoenas, use of resources of State and other Federal
agencies, Coast Guard authority, and injunctive relief for former
provisions consisting of subsecs. (a) to (c) relating to
enforcement activities in general, civil penalties, and
jurisdiction.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY REGULATIONS
Pub. L. 102-241, Sec. 51, Dec. 19, 1991, 105 Stat. 2227, directed
Secretary of Transportation and Secretary of Commerce, not later
than one year after Dec. 19, 1991, to submit to Congress a joint
report describing methods by which Coast Guard enforcement efforts
under the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801
et seq.) could be enhanced and coordinated with those of the
National Oceanic and Atmospheric Administration.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1441 of this title.

-End-



-CITE-
16 USC Sec. 1438 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1438. Repealed. Pub. L. 100-627, title II, Sec. 203(1), Nov.
7, 1988, 102 Stat. 3214

-MISC1-
Section, Pub. L. 92-532, title III, Sec. 308, as added Pub. L.
98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2303, authorized
appropriations for fiscal years 1985 to 1988.

-End-



-CITE-
16 USC Sec. 1439 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1439. Regulations

-STATUTE-
The Secretary may issue such regulations as may be necessary to
carry out this chapter.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 308, formerly Sec. 309, as added
Pub. L. 98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2303;
renumbered Sec. 308, Pub. L. 100-627, title II, Sec. 203(2), Nov.
7, 1988, 102 Stat. 3214; Pub. L. 106-513, Sec. 9, Nov. 13, 2000,
114 Stat. 2387.)


-MISC1-
PRIOR PROVISIONS
A prior section 308 of Pub. L. 92-532 was classified to section
1438 of this title, prior to repeal by section 203(1) of Pub. L.
100-627.

AMENDMENTS
2000 - Pub. L. 106-513 amended section catchline and text
generally. Prior to amendment, text read as follows: "If any
provision of this Act or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of
this Act and of the application of such provision to other persons
and circumstances shall not be affected thereby."

-End-



-CITE-
16 USC Sec. 1440 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1440. Research, monitoring, and education

-STATUTE-
(a) In general
The Secretary shall conduct, support, or coordinate research,
monitoring, evaluation, and education programs consistent with
subsections (b) and (c) of this section and the purposes and
policies of this chapter.
(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
The results of research and monitoring conducted, supported, or
permitted by the Secretary under this subsection shall be made
available to the public.
(c) Education
(1) In general
The Secretary may support, promote, and coordinate efforts to
enhance public awareness, understanding, and appreciation of
national marine sanctuaries and the System. Efforts supported,
promoted, or coordinated under this subsection must emphasize the
conservation goals and sustainable public uses of national marine
sanctuaries and the System.
(2) Educational activities
Activities under this subsection may include education of the
general public, teachers, students, national marine sanctuary
users, and ocean and coastal resource managers.
(d) Interpretive facilities
(1) In general
The Secretary may develop interpretive facilities near any
national marine sanctuary.
(2) Facility requirement
Any facility developed under this subsection must emphasize the
conservation goals and sustainable public uses of national marine
sanctuaries by providing the public with information about the
conservation, recreational, ecological, historical, cultural,
archeological, scientific, educational, or esthetic qualities of
the national marine sanctuary.
(e) Consultation and coordination
In conducting, supporting, and coordinating research, monitoring,
evaluation, and education programs under subsection (a) of this
section and developing interpretive facilities under subsection (d)
of this section, the Secretary may consult or coordinate with
Federal, interstate, or regional agencies, States or local
governments.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 309, as added Pub. L. 100-627,
title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub.
L. 102-587, title II, Sec. 2108, Nov. 4, 1992, 106 Stat. 5045; Pub.
L. 106-513, Sec. 10, Nov. 13, 2000, 114 Stat. 2388.)


-MISC1-
PRIOR PROVISIONS
A prior section 309 of Pub. L. 92-532 was renumbered section 308
and is classified to section 1439 of this title.

AMENDMENTS
2000 - Pub. L. 106-513 amended section catchline and text
generally. Prior to amendment, text read as follows:
"(a) In general. - The Secretary shall conduct research,
monitoring, evaluation, and education programs as are necessary and
reasonable to carry out the purposes and policies of this chapter.
"(b) Promotion and Coordination of Sanctuary Use. - The Secretary
shall take such action as is necessary and reasonable to promote
and coordinate the use of national marine sanctuaries for research,
monitoring, and education purposes. Such action may include
consulting with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons to promote
use of one or more sanctuaries for research, monitoring, and
education, including coordination with the National Estuarine
Research Reserve System."
1992 - Pub. L. 102-587 amended section generally. Prior to
amendment, section read as follows: "The Secretary shall take such
action as is necessary to promote and coordinate the use of
national marine sanctuaries for research purposes, including -
"(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting marine research, give
priority to research involving national marine sanctuaries; and
"(2) consulting with other Federal and State agencies to
promote use by such agencies of one or more sanctuaries for
marine research."

-End-



-CITE-
16 USC Sec. 1441 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1441. Special use permits

-STATUTE-
(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
The Secretary shall provide appropriate public notice before
identifying any category of activity subject to a special use
permit under subsection (a) of this section.
(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
The Secretary may assess and collect fees for the conduct of
any activity under a permit issued under this section.
(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
The Secretary may accept in-kind contributions in lieu of a fee
under paragraph (2)(C), or waive or reduce any fee assessed under
this subsection for any activity that does not derive profit from
the access to or use of sanctuary resources.
(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
Each person issued a permit under this section shall submit an
annual report to the Secretary not later than December 31 of each
year which describes activities conducted under that permit and
revenues derived from such activities during the year.
(g) Fishing
Nothing in this section shall be considered to require a person
to obtain a permit under this section for the conduct of any
fishing activities in a national marine sanctuary.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 310, as added Pub. L. 100-627,
title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub.
L. 106-513, Sec. 11, Nov. 13, 2000, 114 Stat. 2389.)


-MISC1-
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-513, Sec. 11(1), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106-513, Sec. 11(1), (2), redesignated
subsec. (b) as (c) and substituted "insurance, or post an
equivalent bond," for "insurance" in par. (4). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 106-513, Sec. 11(1), redesignated subsec.
(c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2)(C). Pub. L. 106-513, Sec. 11(3), substituted
"resource." for "resource and a reasonable return to the United
States Government."
Subsec. (d)(3)(B). Pub. L. 106-513, Sec. 11(4), struck out
"designating and" after "expenses of".
Subsec. (d)(4). Pub. L. 106-513, Sec. 11(5), added par. (4).
Subsecs. (e) to (g). Pub. L. 106-513, Sec. 11(1), redesignated
subsecs. (d) to (f) as (e) to (g), respectively.

-End-



-CITE-
16 USC Sec. 1442 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1442. Cooperative agreements, donations, and acquisitions

-STATUTE-
(a) Agreements and grants
The Secretary may enter into cooperative agreements, contracts,
or other agreements with, or make grants to, States, local
governments, regional agencies, interstate agencies, or other
persons to carry out the purposes and policies of this chapter.
(b) Authorization to solicit donations
The Secretary may enter into such agreements with any nonprofit
organization authorizing the organization to solicit private
donations to carry out the purposes and policies of this chapter.
(c) Donations
The Secretary may accept donations of funds, property, and
services for use in designating and administering national marine
sanctuaries under this chapter. Donations accepted under this
section shall be considered as a gift or bequest to or for the use
of the United States.
(d) Acquisitions
The Secretary may acquire by purchase, lease, or exchange, any
land, facilities, or other property necessary and appropriate to
carry out the purposes and policies of this chapter.
(e) Use of resources of other government agencies
The Secretary may, whenever appropriate, enter into an agreement
with a State or other Federal agency to use the personnel,
services, or facilities of such agency on a reimbursable or
nonreimbursable basis, to assist in carrying out the purposes and
policies of this chapter.
(f) Authority to obtain grants
Notwithstanding any other provision of law that prohibits a
Federal agency from receiving assistance, the Secretary may apply
for, accept, and use grants from other Federal agencies, States,
local governments, regional agencies, interstate agencies,
foundations, or other persons, to carry out the purposes and
policies of this chapter.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 311, as added Pub. L. 100-627,
title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3215; amended Pub.
L. 102-587, title II, Sec. 2109, Nov. 4, 1992, 106 Stat. 5045; Pub.
L. 104-283, Sec. 9(d), Oct. 11, 1996, 110 Stat. 3367; Pub. L.
106-513, Sec. 12, Nov. 13, 2000, 114 Stat. 2389.)


-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-513, Sec. 12(a), amended heading
and text of subsec. (a) generally. Prior to amendment, text read as
follows: "The Secretary may enter into cooperative agreements,
financial agreements, grants, contracts, or other agreements with
States, local governments, regional agencies, interstate agencies,
or other persons to carry out the purposes and policies of this
chapter."
Subsecs. (e), (f). Pub. L. 106-513, Sec. 12(b), added subsecs.
(e) and (f).
1996 - Pub. L. 104-283 made technical amendment to directory
language of Pub. L. 102-587. See 1992 Amendment note below.
1992 - Pub. L. 102-587, as amended by Pub. L. 104-283, amended
section generally. Prior to amendment, section read as follows:
"(a) Cooperative Agreements. - The Secretary may enter into
cooperative agreements with any nonprofit organization -
"(1) to aid and promote interpretive, historical, scientific,
and educational activities; and
"(2) for the solicitation of private donations for the support
of such activities.
"(b) Donations. - The Secretary may accept donations of funds,
property, and services for use in designating and administering
national marine sanctuaries under this chapter."

ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES
Section 2204 of title II of Pub. L. 102-587, which was formerly
set out as a note under this section, was renumbered section 316 of
Pub. L. 92-532, The National Marine Sanctuaries Act, by Pub. L.
104-283, Sec. 6(a), Oct. 11, 1996, 110 Stat. 3364, and is
classified to section 1445b of this title.

-End-



-CITE-
16 USC Sec. 1443 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1443. Destruction or loss of, or injury to, sanctuary
resources

-STATUTE-
(a) Liability
(1) Liability to United States
Any 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
Any vessel used to destroy, cause the loss of, or injure any
sanctuary resource shall be liable in rem to the United States
for response costs and damages resulting from such destruction,
loss, or injury. The amount of that liability shall constitute a
maritime lien on the vessel and may be recovered in an action in
rem in any district court of the United States that has
jurisdiction over the vessel.
(3) Defenses
A 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
Nothing in sections 181 to 188 (!1) of title 46, Appendix, or
section 192 of title 46, Appendix, shall limit the liability of
any person under this chapter.

(b) Response actions and damage assessment
(1) Response actions
The Secretary may undertake or authorize all necessary actions
to prevent or minimize the destruction or loss of, or injury to,
sanctuary resources, or to minimize the imminent risk of such
destruction, loss, or injury.
(2) Damage assessment
The Secretary shall assess damages to sanctuary resources in
accordance with section 1432(6) of this title.
(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) of this section 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 amounts
Response 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 costs
Amounts 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 amounts
All 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
Amounts recovered under this section with respect to sanctuary
resources lying within the jurisdiction of a State shall be used
under paragraphs (2)(A) and (B) in accordance with the court
decree or settlement agreement and an agreement entered into by
the Secretary and the Governor of that State.
(e) Statute of limitations
An action for response costs or damages under subsection (c) of
this section shall be barred unless the complaint is filed within 3
years after the date on which the Secretary completes a damage
assessment and restoration plan for the sanctuary resources to
which the action relates.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 312, as added Pub. L. 100-627,
title II, Sec. 204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub.
L. 102-587, title II, Secs. 2107(d), 2110, Nov. 4, 1992, 106 Stat.
5044, 5045; Pub. L. 104-283, Sec. 9(e), Oct. 11, 1996, 110 Stat.
3367; Pub. L. 106-513, Secs. 13, 19(c), Nov. 13, 2000, 114 Stat.
2389, 2393.)

-REFTEXT-
REFERENCES IN TEXT
Sections 181 to 188 of title 46, Appendix, referred to in subsec.
(a)(4), was in the original a reference to sections 4281 to 4289 of
the Revised Statutes of the United States. Section 4288 of the
Revised Statutes was classified to section 175 of former Title 46,
Shipping, and was repealed by act Oct. 9, 1940, ch. 777, Sec. 7, 54
Stat. 1028.


-MISC1-
AMENDMENTS
2000 - Subsec. (a)(1). Pub. L. 106-513, Sec. 19(c), amended par.
(1) heading.
Subsec. (c). Pub. L. 106-513, Sec. 13(a), designated existing
provisions as par. (1), struck out "in the United States district
court for the appropriate district" after "civil action", and added
par. (2).
Subsec. (d)(1), (2). Pub. L. 106-513, Sec. 13(b), added pars. (1)
and (2) and struck out former pars. (1) and (2) which read as
follows:
"(1) Response costs and damage assessments. - Twenty percent of
amounts recovered under this section, up to a maximum balance of
$750,000, shall be used to finance response actions and damage
assessments by the Secretary.
"(2) Restoration, replacement, management, and improvement. -
Amounts remaining after the operation of paragraph (1) shall be
used, in order of priority -
"(A) to restore, replace, or acquire the equivalent of the
sanctuary resources which were the subject of the action;
"(B) to manage and improve the national marine sanctuary within
which are located the sanctuary resources which were the subject
of the action; and
"(C) to manage and improve any other national marine
sanctuary."
Subsec. (e). Pub. L. 106-513, Sec. 13(c), added subsec. (e).
1996 - Subsec. (b)(1). Pub. L. 104-283 made technical amendment
to directory language of Pub. L. 102-587, Sec. 2110(d). See 1992
Amendment note below.
1992 - Subsec. (a)(1). Pub. L. 102-587, Sec. 2110(a), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"In general. - Subject to paragraph (3), any person who destroys,
causes the loss of, or injures any sanctuary resource is liable to
the United States for response costs and damages resulting from
such destruction, loss, or injury."
Subsec. (a)(2). Pub. L. 102-587, Sec. 2110(b), inserted at end
"The amount of that liability shall constitute a maritime lien on
the vessel and may be recovered in an action in rem in any district
court of the United States that has jurisdiction over the vessel."
Subsec. (a)(4). Pub. L. 102-587, Sec. 2110(c), added par. (4).
Subsec. (b)(1). Pub. L. 102-587, Sec. 2110(d), as amended by Pub.
L. 104-283, inserted "or authorize" after "undertake".
Subsec. (d). Pub. L. 102-587, Sec. 2107(d)(1), struck out "and
civil penalties under section 1437 of this title" after "Secretary
under this section".
Subsec. (d)(3), (4). Pub. L. 102-587, Secs. 2107(d)(2), 2110(e),
redesignated par. (4) as (3), inserted "the court decree or
settlement agreement and" after "in accordance with", and struck
out former par. (3) which read as follows: "Amounts recovered under
section 1437 of this title in the form of civil penalties shall be
used by the Secretary in accordance with section 1437(e) of this
title and paragraphs (2)(B) and (C) of this subsection."

EFFECTIVE DATE
Section 204(c) of Pub. L. 100-627 provided that: "Amounts in the
form of damages received by the United States after November 30,
1986, for destruction or loss of, or injury to, a sanctuary
resource (as that term is defined in section 302(8) of the Act [16
U.S.C. 1432(8)] (as amended by this Act)) shall be subject to
section 312 of the Act [16 U.S.C. 1443] (as amended by this Act)."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1432, 1437 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 1444 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1444. Authorization of appropriations

-STATUTE-
There 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.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 313, as added Pub. L. 100-627,
title II, Sec. 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L.
101-605, Sec. 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L.
102-587, title II, Sec. 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L.
104-283, Sec. 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106-513,
Sec. 14, Nov. 13, 2000, 114 Stat. 2390.)


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-513 amended section generally, substituting
provisions authorizing appropriations to carry out this chapter for
fiscal years 2001 to 2005 for provisions authorizing such
appropriations for fiscal years 1997 to 1999.
1996 - Pub. L. 104-283 amended section generally, substituting
provisions authorizing appropriations to carry out this chapter for
fiscal years 1997 to 1999 for provisions authorizing such
appropriations for fiscal years 1993 to 1996.
1992 - Pub. L. 102-587 amended section generally, substituting
provisions relating to authorization of appropriations for fiscal
years 1993 to 1996 to carry out this chapter for provisions
relating to authorization of appropriations for fiscal years 1989
to 1992 to carry out general administration, management of national
marine sanctuaries and site review and analysis of national marine
sanctuaries of this chapter.
1990 - Par. (2)(C). Pub. L. 101-605 substituted "$4,000,000" for
"$3,000,000".

-End-



-CITE-
16 USC Sec. 1445 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1445. U.S.S. Monitor artifacts and materials

-STATUTE-
(a) Congressional policy
In recognition of the historical significance of the wreck of the
United States ship Monitor to coastal North Carolina and to the
area off the coast of North Carolina known as the Graveyard of the
Atlantic, the Congress directs that a suitable display of artifacts
and materials from the United States ship Monitor be maintained
permanently at an appropriate site in coastal North Carolina.
(b) Disclaimer
This section shall not affect the following:
(1) Responsibilities of Secretary
The responsibilities of the Secretary to provide for the
protection, conservation, and display of artifacts and materials
from the United States ship Monitor.
(2) Authority of Secretary
The authority of the Secretary to designate the Mariner's
Museum, located at Newport News, Virginia, as the principal
museum for coordination of activities referred to in paragraph
(1).

-SOURCE-
(Pub. L. 92-532, title III, Sec. 314, as added Pub. L. 100-627,
title II, Sec. 208, Nov. 7, 1988, 102 Stat. 3222; amended Pub. L.
106-513, Sec. 15, Nov. 13, 2000, 114 Stat. 2391.)


-MISC1-
AMENDMENTS
2000 - Subsecs. (b), (c). Pub. L. 106-513 redesignated subsec.
(c) as (b) and struck out former subsec. (b) which required the
Secretary to submit a plan for a suitable display in coastal North
Carolina of artifacts and materials of the United States ship
Monitor.

MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR
Pub. L. 104-283, Sec. 4, Oct. 11, 1996, 110 Stat. 3363, provided
that: "The Secretary of Commerce shall, within 12 months after the
date of the enactment of this Act [Oct. 11, 1996], prepare and
submit to the Committee on Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a long-range, comprehensive plan for
the management, stabilization, preservation, and recovery of
artifacts and materials of the U.S.S. MONITOR. In preparing and
implementing the plan, the Secretary shall to the extent feasible
utilize the resources of other Federal and private entities with
expertise and capabilities that are helpful."

GRAVEYARD OF THE ATLANTIC ARTIFACTS
Pub. L. 102-587, title II, Sec. 2201, Nov. 4, 1992, 106 Stat.
5047, provided that:
"(a) Acquisition of Space. - Pursuant to section 314 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1445) and consistent with the Cooperative Agreement entered into in
October, 1989, between the National Oceanic and Atmospheric
Administration and the Mariner's Museum of Newport News, Virginia,
the Secretary of Commerce shall make a grant for the acquisition of
space in Hatteras Village, North Carolina, for -
"(1) the display and interpretation of artifacts recovered from
the area of the Atlantic Ocean adjacent to North Carolina
generally known as the Graveyard of the Atlantic, including
artifacts recovered from the Monitor National Marine Sanctuary;
and
"(2) administration and operations of the Monitor National
Marine Sanctuary.
"(b) Authorization. - To carry out the responsibilities of the
Secretary of Commerce under this section, there are authorized to
be appropriated to the Secretary of Commerce a total of $800,000
for fiscal years 1993 and 1994, to remain available until expended.
"(c) Federal Share. - Not more than two-thirds of the cost of
space acquired under this section may be paid with amounts provided
pursuant to this section."

-End-



-CITE-
16 USC Sec. 1445a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1445a. Advisory Councils

-STATUTE-
(a) Establishment
The Secretary may establish one or more advisory councils (in
this section referred to as an "Advisory Council") to advise and
make recommendations to the Secretary regarding the designation and
management of national marine sanctuaries. The Advisory Councils
shall be exempt from the Federal Advisory Committee Act.
(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
For sanctuaries designated after November 4, 1992, the membership
of Advisory Councils shall be limited to no more than 15 members.
(d) Staffing and assistance
The Secretary may make available to an Advisory Council any
staff, information, administrative services, or assistance the
Secretary determines are reasonably required to enable the Advisory
Council to carry out its functions.
(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.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 315, as added Pub. L. 102-587,
title II, Sec. 2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L.
104-283, Secs. 5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub.
L. 106-513, Secs. 16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391,
2393.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (a),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.


-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-513, Sec. 16, substituted "advise
and make recommendations" for "provide assistance".
Subsec. (b)(2). Pub. L. 106-513, Sec. 19(b)(5), made technical
amendment to reference in original act which appears in text as
reference to section 1852 of this title.
1996 - Pub. L. 104-283, Sec. 9(f), made technical amendment to
directory language of Pub. L. 102-587, Sec. 2112, which added this
section.
Subsec. (e)(3). Pub. L. 104-283, Sec. 5, inserted before period
at end ", 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".

-End-



-CITE-
16 USC Sec. 1445b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES

-HEAD-
Sec. 1445b. Enhancing support for national marine sanctuaries

-STATUTE-
(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
The Secretary may contract with any person for the creation of
symbols or the solicitation of official sponsors under subsection
(a) of this section.
(c) Restrictions
The Secretary may restrict the use of the symbols published under
subsection (a) of this section, and the designation of official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries to ensure compatibility with the goals
of the national marine sanctuary program.
(d) Property of United States
Any symbol which is adopted by the Secretary and published in the
Federal Register under subsection (a) of this section is deemed to
be the property of the 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) of this section,
including to sell any item bearing such a symbol, unless
authorized by the Secretary under subsection (a)(4) of this
section or subsection (f) of this section; or
(4) to violate any regulation promulgated by the Secretary
under this section.
(f) Collaborations
The Secretary may authorize the use of a symbol adopted by the
Secretary under subsection (a)(1) of this section by any person
engaged in a collaborative effort with the Secretary to carry out
the purposes and policies of this chapter and to benefit a national
marine sanctuary or the System.
(g) Authorization for non-profit partner organization to solicit
sponsors
(1) In general
The Secretary may enter into an agreement with a non-profit
partner organization authorizing it to assist in the
administration of the sponsorship program established under this
section. Under an agreement entered into under this paragraph,
the Secretary may authorize the non-profit partner organization
to solicit persons to be official sponsors of the national marine
sanctuary system or of individual national marine sanctuaries,
upon such terms as the Secretary deems reasonable and will
contribute to the successful administration of the sanctuary
system. The Secretary may also authorize the non-profit partner
organization to collect the statutory contribution from the
sponsor, and, subject to paragraph (2), transfer the contribution
to the Secretary.
(2) Reimbursement for administrative costs
Under the agreement entered into under paragraph (1), the
Secretary may authorize the non-profit partner organization to
retain not more than 5 percent of the amount of monetary
contributions it receives from official sponsors under the
agreement to offset the administrative costs of the organization
in soliciting sponsors.
(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.

-SOURCE-
(Pub. L. 92-532, title III, Sec. 316, formerly Pub. L. 102-587,
title II, Sec. 2204, Nov. 4, 1992, 106 Stat. 5049; renumbered Sec.
316 of Pub. L. 92-532 and amended Pub. L. 104-283, Sec. 6, Oct. 11,
1996, 110 Stat. 3364; Pub. L. 106-513, Sec. 17, Nov. 13, 2000, 114
Stat. 2391.)

-COD-CODIFICATION (continued)