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Title 16 — Conservation

Chapter 32 — Marine Sanctuaries

§ 1445a. Advisory Councils

Statutory text

(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 chapter 10 of title 5.

(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 , 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.

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. Marine Protection, Research, and Sanctuaries Act of 1972

    Pub. L. 92–532 title III § 315 · 86 Stat. 1052

    Enacted · 16 U.S.C. § 1445a

    Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5046

    Source evidence

    Code source credit
    Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5046

  2. National Marine Sanctuaries Preservation Act

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

    Added · 16 U.S.C. § 1445a

    Pub. L. 104–283, § 9(f), made technical amendment to directory language of Pub. L. 102–587, § 2112, which added this section

    Source evidence

    Code amendment note
    Pub. L. 104–283, § 9(f), made technical amendment to directory language of Pub. L. 102–587, § 2112, which added this section.

    Enacted provision · exact public law section
    (f) The material added to the Marine Protection, Research, and Sanctuaries Act of 1972 by section 2112 of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046)— (1) is deemed to have been added by that section at the end of title III of the Marine Protection, Research, and Sanctuaries Act of 1972; and (2) shall not be considered to have been added by that section to the end of the Marine Protection, Research, and Sanctuaries Act of 1972.

  3. National Marine Sanctuaries Preservation Act

    Pub. L. 104–283 § 5 · 110 Stat. 3363

    Inserted · 16 U.S.C. § 1445a(e)(3)

    Pub. L. 104–283, § 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”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 104–283, § 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”.

    Enacted provision · exact public law section
    SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS. Section 315(e)(3) (16 U. S. C. 1445a(e)(3)) is amended by inserting before the period at the end the following; “, 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. Pub. L. 106–513 § 16 · 114 Stat. 2381

    Substituted · 16 U.S.C. § 1445a(a)

    Pub. L. 106–513, § 16, substituted “advise and make recommendations” for “provide assistance”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–513, § 16, substituted “advise and make recommendations” for “provide assistance”.

    Enacted provision · exact public law section
    SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS. Section 315 (16 U.S.C. 1445a) is amended by striking “provide assistance” in subsection (a) and inserting “advise and make recommendations”.

  5. Pub. L. 106–513 § 19(b)(5) · 114 Stat. 2381

    Changed · 16 U.S.C. § 1445a(b)(2)

    Pub. L. 106–513, § 19(b)(5), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–513, § 19(b)(5), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

    Enacted provision · exact public law section
    (5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by striking “Magnuson Fishery Conservation and Management Act” and inserting “Magnuson-Stevens Act”.

  6. Pub. L. 117–286 § 4(a)(112) · 136 Stat. 4196

    Substituted · 16 U.S.C. § 1445a(a)

    Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

    Enacted provision · exact public law section
    (112) Section 315(a) of the National Marine Sanctuaries Act (16 U.S.C. 1445a(a)) is amended by striking “the Federal Advisory Committee Act.” and inserting “chapter 10 of title 5, United States Code.”.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1996–2022 · 3 rounds

2022

Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

2000

Subsec. (a). Pub. L. 106–513, § 16, substituted “advise and make recommendations” for “provide assistance”.

Subsec. (b)(2). Pub. L. 106–513, § 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, § 9(f), made technical amendment to directory language of Pub. L. 102–587, § 2112, which added this section.

Subsec. (e)(3). Pub. L. 104–283, § 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”.

Credits

1992–2022 · 4 acts
  1. 1992Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, , 106 Stat. 5046
  2. 1996amended Pub. L. 104–283, §§ 5, 9(f), , 110 Stat. 3363, 3368
  3. 2000Pub. L. 106–513, §§ 16, 19(b)(5), , 114 Stat. 2391, 2393
  4. 2022Pub. L. 117–286, § 4(a)(112), , 136 Stat. 4318.
Show as published

(Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, , 106 Stat. 5046; amended Pub. L. 104–283, §§ 5, 9(f), , 110 Stat. 3363, 3368; Pub. L. 106–513, §§ 16, 19(b)(5), , 114 Stat. 2391, 2393; Pub. L. 117–286, § 4(a)(112), , 136 Stat. 4318.)

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