§ 1432. Definitions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 title III § 302 · 86 Stat. 1052

   Enacted · 16 U.S.C. § 1432

   Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86 Stat. 1061

   Source evidence

   Code source credit
   Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86 Stat. 1061

   Enacted provision · exact public law section
   Sec. 302. (a) The Secretary, after consultation with the Secretaries of State, Defense, the Interior, and Transportation, the Administrator, and the heads of other interested Federal agencies, and with the approval of the President, may designate as marine sanctuaries those areas of the ocean waters, as far seaward as the outer edge of the Continental Shelf, as defined in the Convention of the Continental Shelf (15 U.S.T. 74; TIAS 5578), of other coastal waters where the 15 UST 471. tide ebbs and flows, or of the Great Lakes and their connecting waters, which he determines necessary for the purpose of preserving or restoring such areas for their conservation, recreational, ecological, or esthetic values. The consultation shall include an opportunity to review and comment on a specific proposed designation. (b) Prior to designating a marine sanctuary which includes waters lying within the territorial limits of any State or superjacent to the subsoil and seabed within the seaward boundary of a coastal State, as that boundary is defined in section 2 of title I of the Act of May 22, 1953 (67 Stat, 29), the Secretary shall consult with, and give due consideration 43 USC 1301. to the views of, the responsible officials of the State involved. As to such waters, a designation under this section shall become effec-five sixty days after it is published, unless the Governor of any State involved shall, before the expiration of the sixty-day period, certify to the Secretary that the designation, or a specified portion thereof, is unacceptable to his State, in which case the designated sanctuary shall not include the area certified as unacceptable until such time as the Governor withdraws his certification of unacceptability. (c) When a marine sanctuary is designated, pursuant to this section, which includes an area of ocean waters outside the territorial jurisdiction of the United States, the Secretary of State shall take such actions as may be appropriate to enter into negotiations with other Governments for the purpose of arriving at necessary agreements with those Governments, in order to protect such sanctuary and to promote the purposes for which it was established. (d) The Secretary shall submit an annual report to the Congress, on or before November 1 of each year, setting forth a comprehensive review of his actions during the previous fiscal year undertaken pursuant to the authority of this section, together with appropriate recommendation for legislation considered necessary for the designation and protection of marine sanctuaries. (e) Before a marine sanctuary is designated under this section, the Secretary shall hold public hearings in the coastal areas which would be most, directly affected by such designation, for the purpose of receiving and giving proper consideration to the views of any interested party. Such hearings shall be held no earlier than thirty days after the publication of a public notice thereof. (f) After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this title and can be carried out within the regulations promulgated under this section. (g) The regulations issued pursuant to subsection (f) shall be applied in accordance with recognized principles of international law, including treaties, conventions, and other agreements to which the United States is signatory. Unless the application of the regulations is in accordance with such principles or is otherwise authorized by an agreement between the United States and the foreign State of which the affected person is a citizen or, in the case of the crew of a foreign vessel, between the United States and flag State of the vessel, no regulation applicable to ocean waters outside the territorial jurisdiction of the United States shall be applied to a person not a citizen of the United States.

2. 1980

   Pub. L. 96–332 § 2(1) · 94 Stat. 1057

   1. Amended · 16 U.S.C. § 1432(b)

      Pub. L. 96–332, § 2(1), designated existing provisions as par. (1)

   2. Struck · 16 U.S.C. § 1432(b)

      Pub. L. 96–332, § 2(1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty-day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability

   3. Added · 16 U.S.C. § 1432(b)

      Pub. L. 96–332, § 2(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–332, § 2(1), designated existing provisions as par. (1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty-day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability, and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (b), by inserting “(1)” after “(b)”, by striking out the second sentence thereof, and by inserting at the end thereof the following new paragraph: “(2) A designation under this section shall become effective Designation. unless— “(A) the Governor of any State described in paragraph (1) certifies to the Secretary, before the end of the sixty-day period beginning on the date of the publication of the designation, that the designation or any of its terms described in subsection (f)(1), are unacceptable to his State, in which case those terms certified as unacceptable will not be effective in the waters described in paragraph (1) in such State until the Governor withdraws his certification of unacceptability; or “(B) both Houses of Congress adopt a concurrent resolution in accordance with subsection (h) which disapproves the designation or any of its terms described in subsection (f)(1). The Secretary may withdraw the designation after any such certification Designation withdrawal. or resolution of disapproval. If the Secretary does not withdraw the designation, only those portions of the designation not certified as unacceptable under subparagraph (A) or not disapproved under subparagraph (B) shall take effect.”;

3. 1980

   Pub. L. 96–332 § 2(2) · 94 Stat. 1057

   1. Amended · 16 U.S.C. § 1432(f)

      Pub. L. 96–332, § 2(2), designated existing provisions as par. (2)

   2. Added · 16 U.S.C. § 1432(f)

      Pub. L. 96–332, § 2(2), added pars. (1), (3), and (4), and, in par. (2) as so designated

   3. Substituted · 16 U.S.C. § 1432(f)

      Pub. L. 96–332, § 2(2), substituted “The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide” for “After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the regulations promulgated under this section”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 96–332, § 2(2), designated existing provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2) as so designated, substituted “The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide” for “After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the regulations promulgated under this section”.

   Enacted provision · exact public law section
   (2) by amending subsection (f) to read as follows: “(f) (1) The terms of the designation shall include the geographic Designation terms. area included within the sanctuary; the characteristics of the area that give it conservation, recreational, ecological or esthetic value; and the types of activities that will be subject to regulation by the Secretary in order to protect those characteristics. The terms of the designation may be modified only by the same procedures through which an original designation is made. “(2) The Secretary, after consultation with other interested Federal Regulations. and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide. “(3) The Secretary shall conduct such research as is necessary and reasonable to carry out the purposes of this title. “(4) The Secretary and the Secretary of the department in which the Coast Guard is operating shall conduct such enforcement activities as are necessary and reasonable to carry out the purposes of this title. The Secretary shall, whenever appropriate and in consultation with the Secretary of the department in which the Coast Guard is operating, utilize by agreement the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a nonreimbursable basis in carrying out his responsibilities under this title.”; and

4. 1980

   Pub. L. 96–332 § 2(3) · 94 Stat. 1057

   Added · 16 U.S.C. § 1432(h)

   Pub. L. 96–332, § 2(3), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 96–332, § 2(3), added subsec. (h).

   Enacted provision · exact public law section
   (3) by inserting at the end thereof the following new subsection: “(h) (1) For purposes of subsection (b)(2)(B), the Secretary shall transmit to the Congress a designation of a marine sanctuary at the time of its publication. The concurrent resolution described in subsection (b)(2)(B) is a concurrent resolution which is adopted by both Houses of Congress before the end of the first period of sixty calendar days of continuous session of Congress after the date on which the designation is transmitted, the matter after the resolving clause of which is as follows: ‘That the Congress does not favor the taking of effect of the following terms of the marine sanctuary designation numbered      transmitted to Congress by the Secretary of Commerce on        :         .’,the blank space being filled with the number of the designation, the second blank space being filled with the date of the transmittal, and the third blank space being filled with the terms of the designation which are disapproved (or the phrase ‘the entire designation’ if the entire designation is disapproved). “(2) For the purpose of 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 is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the sixty-day period. “(3) A designation which becomes effective, or that portion of a designation which takes effect under subsection Cb), shall be printed in the Federal Register.”.

5. 1982

   Congressional Reports Elimination Act of 1982

   Pub. L. 97–375 title II § 202(a) · 96 Stat. 1819

   1. Substituted · 16 U.S.C. § 1432(d)

      Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provision that Secretary submit an annual report on or before November 1 of each year

   2. Substituted · 16 U.S.C. § 1432(d)

      Pub. L. 97–375 substituted reference to previous two fiscal years for reference to previous fiscal year

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provision that Secretary submit an annual report on or before November 1 of each year, and substituted reference to previous two fiscal years for reference to previous fiscal year.

   Enacted provision · exact public law section
   (a) Section 302(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(d)) is amended to read as follows: “(d) The Secretary shall submit a biennial report to the Congress, on or before March 1 of every other year beginning in 1984, setting forth a comprehensive review of his actions during the previous two fiscal years undertaken pursuant to the authority of this section, together with appropriate recommendation for legislation considered necessary for the designation and protection of marine sanctuaries

6. 1984

   Marine Sanctuaries Amendments of 1984

   Pub. L. 98–498 title I § 102 · 98 Stat. 2296

   1. Amended · 16 U.S.C. § 1432

      Pub. L. 98–498 amended section generally

   2. Substituted · 16 U.S.C. § 1432

      Pub. L. 98–498 substituting provisions which set forth definitions for provisions which related to the designation of sanctuaries. See section 1433 of this title

   Source evidence

   Code amendment note
   Pub. L. 98–498 amended section generally, substituting provisions which set forth definitions for provisions which related to the designation of sanctuaries. See section 1433 of this title.

   Enacted provision · exact public law section
   Sec. 102. Title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) is amended to read as follows: “TITLE III— NATIONAL MARINE SANCTUARIES “SEC. 301. FINDINGS, PURPOSES, AND POLICIES. “(a) Findings.— The 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, research, educational, or esthetic qualities which give them special national 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; “(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation and management; and “(5) such a Federal program will also serve to enhance public awareness, understanding, appreciation, and wise use of the marine environment. “(b) Purposes and Policies.— The purposes and policies of this title are— “(1) to identify areas of the marine environment of special national significance due to their resource or human-use values; “(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities; “(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas; “(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and “(5) 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. “SEC. 302. DEFINITIONS. “As used in this title, the term— “(1) ‘draft management plan’ means the plan described in section 304(a)(1)(E); “(2) ‘Magnuson Act’ means the Magnuson 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, consistent with international law; “(4) ‘Secretary’ means the Secretary of Commerce; and “(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. “SEC. 303. SANCTUARY DESIGNATION STANDARDS. “(a) Standards.— The Secretary may designate any discrete area of the marine environment as a national marine sanctuary and promulgate regulations implementing the designation if the Secretary— “(1) determines that the designation will fulfill the purposes and policies of this title; and “(2) finds that— “(A) the area is of special national significance due to its resource or human-use values; “(B) existing State and Federal authorities are inadequate to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; “(C) designation of the area as a national marine sanctuary, will facilitate the objectives in subparagraph (B); and “(D) 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) Factors.— For 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, and the biogeographic representation of the site; “(B) the area’s historical, cultural, archaeological, or pale-ontological 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 title; “(F) the manageability of the area, including such factors as its size, its ability to be identified as a discrete ecological unit with definable boundaries, its accessibility, and its suitability for monitoring and enforcement activities; “(G) the public benefits to be derived from sanctuary status, with emphasis on the benefits of long-term protection of nationally significant resources, vital habitats, and resources which generate tourism; “(H) the negative impacts produced by management restrictions on income-generating activities such as living and nonliving resources development; and “(I) the socioeconomic effects of sanctuary designation. “(2) Consultation.— In making determinations and findings, the Secretary shall consult with— “(A) the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; “(B) the Secretaries of State, Defense, Transportation, and the Interior, the Administrator, and the heads of other interested Federal agencies; “(C) the responsible officials or relevant agency heads of the appropriate State and local government entities, including coastal zone management agencies, that will or are likely to be affected by the establishment of the area as a national marine sanctuary; “(D) the appropriate officials of any Regional Fishery Management Council established by section 302 of the Magnuson Act (16 U.S.C. 1852) that may be affected by the proposed designation; and “(E) other interested persons. “(3) Resource assessment report.— In making determinations and findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 304(a)(1), a resource assessment report documenting present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource assessment section for the report regarding any commercial or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior. “SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. “(a) Sanctuary Proposal.— “(1) Notice.— In proposing to designate a national marine sanctuary, the Secretary shall— “(A) issue, in the Federal Register, a notice of the proposal, Federal Register, publication. 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 Public information. general circulation or electronic media in the communities that may be affected by the proposal; and “(C) on the same day the notice required by subparagraph (A) is issued, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prospectus on the proposal which shall contain— “(i) the terms of the proposed designation; “(ii) the basis of the findings made under section 303(a) with respect to the area; “(iii) an assessment of the considerations under section 303(b)(1); “(iv) proposed mechanisms to coordinate existing regulatory and management authorities within the area; “(v) the draft management plan detailing the proposed goals and objectives, management responsibilities, resource studies, interpretive and educational programs, and enforcement, including surveillance activities for the area; “(vi) an estimate of the annual cost of the proposed designation, including costs of personnel, equipment and facilities, enforcement, research, and public education; “(vii) the draft environmental impact statement; “(viii) an evaluation of the advantages of cooperative State and Federal management if all or part of a proposed marine 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.); and “(ix) the proposed regulations referred to in subparagraph (A). “(2) Environmental impact statement.— 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 303(b)(3), 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 Public availability. available to the public. “(3) Public hearing.— No sooner than thirty days after issuing a notice under this subsection, the Secretary shall hold at least one public hearing in the coastal area or areas that will be most affected by the proposed designation of the area as a national marine sanctuary for the purpose of receiving the views of interested parties. “(4) Terms of designation.— The terms of designation of a sanctuary shall include the geographic area proposed to be included within the sanctuary, the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value, and the types of activities that will be subject to regulation by the Secretary to protect those characteristics. The terms of designation may be modified only by the same procedures by which the original designation is made. “(5) Fishing regulations.— The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare draft regulations for fishing within the United States Fishery Conservation Zone as the Council may deem necessary to implement the proposed designation. Draft regulations prepared by the Council, or a Council determination that regulations are not necessary pursuant to this paragraph, shall be accepted and issued as proposed regulations by the Secretary unless the Secretary finds that the Council’s action fails to fulfill the purposes and policies of this title and the goals and objectives of the proposed designation. In preparing the draft regulations, a Regional Fishery Management Council shall use as guidance the national standards of section 301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent that the standards are consistent and compatible with the goals and objectives of the proposed designation. The Secretary shall prepare the fishing regulations, if the Council declines to make a determination with respect to the need for regulations, makes a determination which is rejected by the Secretary, or fails to prepare the draft regulations in a timely manner. Any amendments to the fishing regulations shall be drafted, approved, and issued in the same manner as the original regulations. “(6) Committee action.— After receiving the prospectus under subsection (a)(1)(C), the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate may each hold hearings on the proposed designation and on the matters set forth in the prospectus. If within the forty-five day period of continuous session of Congress beginning on the date of submission of the prospectus, either Committee issues a report concerning matters addressed in the prospectus, the Secretary shall consider this report before publishing a notice to designate the national marine sanctuary. “(b) Taking Effect of Designations.— “(1) Notice.— In designating a national marine sanctuary, the Secretary shall publish in the Federal Register notice of the designation together with final regulations to implement the designation and any other matters required by law, and submit such notice to the Congress. The Secretary shall advise the public of the availability of the final management plan and the final environmental impact statement with respect to such sanctuary. No notice of designation may occur until the expiration of the period for Committee action under subsection (a)(6). Effective date. The designation (and any of its terms not disapproved under this subsection) and regulations shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress beginning on the day on which such notice is published unless— “(A) the designation or any of its terms is disapproved by enactment of a joint resolution of disapproval described in paragraph (31; 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. “(2) Withdrawal of designation.— If the Secretary considers that actions taken under paragraph (1) (A) or (B) will affect the designation of a national marine sanctuary in a manner that the goals and objectives of the sanctuary cannot be fulfilled, the Secretary may withdraw the entire designation. If the Secretary does not withdraw the designation, only those terms of the designation not disapproved under paragraph (1)(A) or not certified under paragraph (1)(B) shall take effect. “(3) Resolution of disapproval.— For the purposes of this subsection, the term ‘resolution of disapproval’ means a joint resolution which states after the resolving clause the following: ‘That the Congress disapproves the national marine sanctuary designation entitled      that was submitted to Congress by the Secretary of Commerce on     .’, the first blank space being filled with the title of the designation and the second blank space being filled with the date on which the notice was submitted to Congress. In the event that the disapproval is addressed to one or more terms of the designation, the joint resolution shall state after the resolving clause the following: ‘That the Congress approves the national marine sanctuary designation entitled     that was submitted to Congress by the Secretary of Commerce on    but disapproves the following terms of such designation:      .’, the first blank space being filled with the title of the designation, the second blank space being filled with the date on which the notice was submitted to Congress, and the third blank space referencing each term of the designation which is disapproved. “(4) Procedures.— “(A) In computing the forty-five-day periods of continuous session of Congress pursuant to subsection (a)(6) and paragraph (1) of this subsection— “(i) continuity of session is broken only by an adjournment of Congress sine die; and “(ii) 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. “(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. “(c) Access and Valid Rights.— “(1) Nothing in this title 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 the date of enactment of the Marine Sanctuaries Amendments of 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 the date of enactment of the Marine Sanctuaries Amendments of 1984. “(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. SEC. 305. APPLICATION OF REGULATIONS AND INTERNATIONAL NEGOTIATIONS. “(a) Regulations.— The regulations issued under section 304 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 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.— The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established. “SEC. 306. RESEARCH AND EDUCATION. “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this title. “SEC. 307. ENFORCEMENT. “(a) In General.— The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this title. The Secretary shall, whenever appropriate, utilize by agreement the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities on a reimbursable basis in carrying out the Secretary’s responsibilities under this title. “(b) Civil Penalties.— “(1) Civil penalty.— Any person subject to the jurisdiction of the United States who violates any regulation issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. “(2) Notice.— No penalty shall be assessed under this subsection until the person charged has been given notice and an opportunity to be heard. Upon failure of the offending party to pay an assessed penalty, the Attorney General, at the request of the Secretary, shall commence action in the appropriate district court of the United States to collect the penalty and to seek such other relief as may be appropriate. “(3) In rem jurisdiction.— A vessel used in the violation of a regulation issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction thereof. “(c) Jurisdiction.— The district courts of the United States shall Courts. U.S. have jurisdiction to restrain a violation of the regulations issued under this title, and to grant such other relief as may be appropriate. Actions shall be brought by the Attorney General in the name of the United States. The Attorney General may bring suit either on the Attorney General’s own initiative or at the request of the Secretary. “SEC. 308. AUTHORIZATION OF APPROPRIATIONS. “To carry out this title, there are authorized to be appropriated: “(1) $3,000,000 for fiscal year 1985. “(2) $3,300,000 for fiscal year 1986. “(3) $3,600,000 for fiscal year 1987. “(4) $3,900,000 for fiscal year 1988. “SEC. 309. SEVERABILITY. “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.”.

7. 1988

   Pub. L. 100–627 title II § 204(b) · 102 Stat. 3213

   Added · 16 U.S.C. § 1432(6)(8)

   Pub. L. 100–627 added pars. (6) to (8)

   Source evidence

   Code amendment note
   Pars. (6) to (8). Pub. L. 100–627 added pars. (6) to (8).

   Enacted provision · exact public law section
   (b) Damages, Response Costs, and Sanctuary Resource Defined.— Section 302 of the Act (16 U.S.C. 1432) is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period in paragraph (5) and inserting “; and”; and (3) by adding at the end the following: “(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; and “(B) the cost of damage assessments under section 312(b)(2); “(7) ‘response costs’ means the costs of actions taken 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; and “(8) ‘sanctuary resource’ means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the sanctuary.”.

8. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2102(e)(1) · 106 Stat. 5039

   Substituted · 16 U.S.C. § 1432(1)

   Pub. L. 102–587, § 2102(e)(1), substituted “1434(a)(1)(C)(v)” for “1434(a)(1)(E)”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 102–587, § 2102(e)(1), substituted “1434(a)(1)(C)(v)” for “1434(a)(1)(E)”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “304(a)(1)(E)” and inserting “304(a)(1)(C)(v)”; and

9. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2102(a) · 106 Stat. 5039

   Inserted · 16 U.S.C. § 1432(3)

   Pub. L. 102–587, § 2102(a), inserted “including the exclusive economic zone,” after “jurisdiction,”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 102–587, § 2102(a), inserted “including the exclusive economic zone,” after “jurisdiction,”.

   Enacted provision · exact public law section
   (a) Marine Environment.— Section 302(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(3)) is amended by adding “including the exclusive economic zone,” after “jurisdiction,”.

10. 1992

    National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 § 2102(e)(2) · 106 Stat. 5039

    Struck · 16 U.S.C. § 1432(5)

    Pub. L. 102–587, § 2102(e)(2), struck out “and” at end

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 102–587, § 2102(e)(2), struck out “and” at end.

    Enacted provision · exact public law section
    (2) in paragraph (5) by striking “and” after the semicolon.

11. 1992

    National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 § 2102(b) · 106 Stat. 5039

    Added · 16 U.S.C. § 1432(6)(C)

    Pub. L. 102–587, § 2102(b), added subpar. (C)

    Source evidence

    Code amendment note
    Par. (6)(C). Pub. L. 102–587, § 2102(b), added subpar. (C).

    Enacted provision · exact public law section
    (b) Damages.— Section 302(6) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is amended— (1) in subparagraph (A)(ii) by striking “and” at the end; (2) in subparagraph (B) by adding “and” at the end; and (3) by adding at the end the following: “(C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources,”.

12. 1992

    National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 § 2102(c) · 106 Stat. 5039

    Inserted · 16 U.S.C. § 1432(7)

    Pub. L. 102–587, § 2102(c), inserted “or authorized” after “taken”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 102–587, § 2102(c), inserted “or authorized” after “taken”.

    Enacted provision · exact public law section
    (c) Response Costs.— Section 302(7) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is amended by inserting “or authorized” after “taken”.

13. 1992

    National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 § 2102(d) · 106 Stat. 5039

    Added · 16 U.S.C. § 1432(9)

    Pub. L. 102–587, § 2102(d), added par. (9)

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 102–587, § 2102(d), added par. (9).

    Enacted provision · exact public law section
    (d) Exclusive Economic Zone.— Section 302 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended (1) by striking the period at the end of paragraph (8) and inserting “; and”; and (2) by adding after paragraph (8) the following: “(9) ‘exclusive economic zone’ means the exclusive economic zone as defined in the Magnuson Fishery Conservation and Management Act.”.

14. 1996

    National Marine Sanctuaries Preservation Act

    Pub. L. 104–283 § 9(b)(1) · 110 Stat. 3363

    Substituted · 16 U.S.C. § 1432(6)(C)

    Pub. L. 104–283, § 9(b)(1), which directed substitution of a semicolon for “, and” at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Par. (6)(C). Pub. L. 104–283, § 9(b)(1), which directed substitution of a semicolon for “, and” at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in paragraph (6) by striking “, and” at the end of subparagraph (C) and inserting a semicolon; and

15. 1996

    National Marine Sanctuaries Preservation Act

    Pub. L. 104–283 § 9(b)(2) · 110 Stat. 3363

    Struck · 16 U.S.C. § 1432(7)

    Pub. L. 104–283, § 9(b)(2), struck out “and” after “injury;”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 104–283, § 9(b)(2), struck out “and” after “injury;”.

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “and” after the semicolon at the end.

16. 2000

    Pub. L. 106–513 § 19(b)(1) · 114 Stat. 2381

    Amended · 16 U.S.C. § 1432(2)

    Pub. L. 106–513, § 19(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘Magnuson Act’ means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 106–513, § 19(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘Magnuson Act’ means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);”.

    Enacted provision · exact public law section
    (1) Section 16 USC 1432. 302(2) is amended to read as follows: “(2) ‘Magnuson-Stevens Act’ means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);”.

17. 2000

    Pub. L. 106–513 § 4(a) · 114 Stat. 2381

    Added · 16 U.S.C. § 1432(6)(D); 16 U.S.C. § 1432(6)(E)

    Pub. L. 106–513, § 4(a), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Par. (6)(D), (E). Pub. L. 106–513, § 4(a), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (a) Damages.— Paragraph (6) of section 302 (16 U.S.C. 1432) is amended— (1) by striking “and” after the semicolon at the end of subparagraph (B); and (2) by adding after subparagraph (C) the following: “(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;”.

18. 2000

    Pub. L. 106–513 § 4(b) · 114 Stat. 2381

    Inserted · 16 U.S.C. § 1432(7)

    Pub. L. 106–513, § 4(b), inserted “, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title” after “loss, or injury”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 106–513, § 4(b), inserted “, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title” after “loss, or injury”.

    Enacted provision · exact public law section
    (b) Response Costs.— Paragraph (7) of such section is amended by inserting “, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 312” after “injury” the second place it appears.

19. 2000

    Pub. L. 106–513 § 4(c) · 114 Stat. 2381

    Substituted · 16 U.S.C. § 1432(8)

    Pub. L. 106–513, § 4(c), substituted “educational, cultural, archeological, scientific,” for “research, educational,”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 106–513, § 4(c), substituted “educational, cultural, archeological, scientific,” for “research, educational,”.

    Enacted provision · exact public law section
    (c) Sanctuary Resource.— Paragraph (8) of such section is amended by striking “research, educational,” and inserting “educational, cultural, archeological, scientific,”.

20. 2000

    Pub. L. 106–513 § 19(b)(2) · 114 Stat. 2381

    Substituted · 16 U.S.C. § 1432(9)

    Pub. L. 106–513, § 19(b)(2), substituted “Magnuson-Stevens Act” for “Magnuson Fishery Conservation and Management Act”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 106–513, § 19(b)(2), substituted “Magnuson-Stevens Act” for “Magnuson Fishery Conservation and Management Act”.

    Enacted provision · exact public law section
    (2) Section 302(9) is amended by striking “Magnuson Fishery Conservation and Management Act” 16 USC 1432. and inserting “Magnuson-Stevens Act”.

21. 2000

    Pub. L. 106–513 § 4(d) · 114 Stat. 2381

    Added · 16 U.S.C. § 1432(10)

    Pub. L. 106–513, § 4(d), added par. (10)

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 106–513, § 4(d), added par. (10).

    Enacted provision · exact public law section
    (d) System.— Such section is further amended— (1) by striking “and” after the semicolon at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting “; and”; and (3) by adding at the end the following: “(10) ‘System’ means the National Marine Sanctuary System established by section 301”.

27 of 27 references resolved to an enrolled provision