Title 16 — Conservation
Chapter 32 — Marine Sanctuaries
§ 1445b. Enhancing support for national marine sanctuaries
Statutory text
Authority
The Secretary may establish a program consisting of—
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;
the solicitation of persons to be designated as official sponsors of the national marine sanctuary program or of individual national marine sanctuaries;
the designation of persons by the Secretary as official sponsors of the national marine sanctuary program or of individual sanctuaries;
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;
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;
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);
the retention of any monetary or in-kind contributions collected under paragraphs (5) and (6) by the Secretary; and
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.
Contract authority
The Secretary may contract with any person for the creation of symbols or the solicitation of official sponsors under subsection (a).
Restrictions
The Secretary may restrict the use of the symbols published under subsection (a), 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.
Property of United States
Any symbol which is adopted by the Secretary and published in the Federal Register under subsection (a) is deemed to be the property of the United States.
Prohibited activities
It is unlawful for any person—
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;
to represent himself or herself to be an official sponsor absent a designation by the Secretary;
to manufacture, reproduce, or otherwise use any symbol adopted by the Secretary under subsection (a)(1), including to sell any item bearing such a symbol, unless authorized by the Secretary under subsection (a)(4) or subsection (f); or
to violate any regulation promulgated by the Secretary under this section.
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.
Authorization for non-profit partner organization to solicit sponsors
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.
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.
Partner organization defined
In this subsection, the term “partner organization” means an organization that—
draws its membership from individuals, private organizations, corporations, academic institutions, or State and local governments; and
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.
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.
Marine Protection, Research, and Sanctuaries Act of 1972
Pub. L. 92–532 title III § 316 · 86 Stat. 1052
Enacted · 16 U.S.C. § 1445b
Pub. L. 92–532, title III, § 316, formerly Pub. L. 102–587, title II, § 2204, Nov. 4, 1992, 106 Stat. 5049
Source evidence
Code source credit
Pub. L. 92–532, title III, § 316, formerly Pub. L. 102–587, title II, § 2204, Nov. 4, 1992, 106 Stat. 5049National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(7) · 110 Stat. 3363
Inserted · 16 U.S.C. § 1445b(a)
Pub. L. 104–283, § 6(b)(7), inserted at end “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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–283, § 6(b)(7), inserted at end “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.”Enacted provision · exact public law section
(7) The following new sentence is added at the end of subsection (a), as so redesignated: “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.”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(2) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(a)
Pub. L. 104–283, § 6(b)(2), substituted “Authority” for “Project” in introductory provisions
Substituted · 16 U.S.C. § 1445b(a)
Pub. L. 104–283, § 6(b)(2), substituted “The Secretary may establish a program consisting of” for “The project shall consist of” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(2), substituted “Authority” for “Project” as heading and “The Secretary may establish a program consisting of” for “The project shall consist of” in introductory provisions.Enacted provision · exact public law section
(2) In subsection (a), as so redesignated, the matter preceding paragraph (1) is struck and the following is inserted: “(a) Authority.— The Secretary may establish a program consisting of—”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(a)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (b) as (a)
Struck · 16 U.S.C. § 1445b(a)
Pub. L. 104–283, § 6(b)(1), struck out former subsec. (a) which read as follows: “Beginning on November 4, 1992, the Secretary shall conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “Beginning on November 4, 1992, the Secretary shall conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries.”Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(6) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(a)(5)
Pub. L. 104–283, § 6(b)(6), added par. (5). Former par. (5) redesignated (6)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 104–283, § 6(b)(6), added par. (5). Former par. (5) redesignated (6).Enacted provision · exact public law section
(6) In subsection (a), as so redesignated, paragraphs (5), (6), and (7) are redesignated in order as paragraphs (6), (7), and (8), and the following new paragraph is inserted after paragraph (4): “(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;”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(3) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(a)(5)
Pub. L. 104–283, § 6(b)(3), substituted “solicitation” for “establishment”
Substituted · 16 U.S.C. § 1445b(a)(5)
Pub. L. 104–283, § 6(b)(3), substituted “monetary or in-kind contributions” for “fees”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(3), substituted “solicitation” for “establishment” and “monetary or in-kind contributions” for “fees”.Enacted provision · exact public law section
(3) In subsection (a)(5), as so redesignated— (A) “establishment” is struck and “solicitation” is inserted; and (B) “fees” is struck and “monetary or in-kind contributions” is inserted.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(6) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(a)(6)
Pub. L. 104–283, § 6(b)(6), redesignated par. (5) as (6). Former par. (6) redesignated (7)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 104–283, § 6(b)(6), redesignated par. (5) as (6). Former par. (6) redesignated (7).Enacted provision · exact public law section
(6) In subsection (a), as so redesignated, paragraphs (5), (6), and (7) are redesignated in order as paragraphs (6), (7), and (8), and the following new paragraph is inserted after paragraph (4): “(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;”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(4) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(a)(6)
Pub. L. 104–283, § 6(b)(4), substituted “monetary or in-kind contributions collected” for “fees assessed”
Substituted · 16 U.S.C. § 1445b(a)(6)
Pub. L. 104–283, § 6(b)(4), substituted “paragraphs (5) and (6)” for “paragraph (5)”
Struck · 16 U.S.C. § 1445b(a)(6)
Pub. L. 104–283, § 6(b)(4), struck out “in an interest-bearing revolving fund” after “by the Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(4), substituted “monetary or in-kind contributions collected” for “fees assessed” and “paragraphs (5) and (6)” for “paragraph (5)” and struck out “in an interest-bearing revolving fund” after “by the Secretary”.Enacted provision · exact public law section
(4) In subsection (a)(6), as so redesignated— (A) “fees” is struck and “monetary or in-kind contributions” is inserted; (B) “paragraph (5)” is struck and “paragraphs (5) and (6)” is inserted; (C) “assessed” is struck and “collected” is inserted; and (D) “in an interest-bearing revolving fund” is struck.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(6) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(a)(7)
Pub. L. 104–283, § 6(b)(6), redesignated par. (6) as (7). Former par. (7) redesignated (8)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 104–283, § 6(b)(6), redesignated par. (6) as (7). Former par. (7) redesignated (8).Enacted provision · exact public law section
(6) In subsection (a), as so redesignated, paragraphs (5), (6), and (7) are redesignated in order as paragraphs (6), (7), and (8), and the following new paragraph is inserted after paragraph (4): “(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;”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(5) · 110 Stat. 3363
Inserted · 16 U.S.C. § 1445b(a)(7)
Pub. L. 104–283, § 6(b)(5), inserted “and use” after “expenditure”
Substituted · 16 U.S.C. § 1445b(a)(7)
Pub. L. 104–283, § 6(b)(5), substituted “monetary and in-kind contributions” for “fees”
Struck · 16 U.S.C. § 1445b(a)(7)
Pub. L. 104–283, § 6(b)(5), struck out “and any interest in the fund established under paragraph (6)” before “, without appropriation”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(5), inserted “and use” after “expenditure”, substituted “monetary and in-kind contributions” for “fees”, and struck out “and any interest in the fund established under paragraph (6)” before “, without appropriation”.Enacted provision · exact public law section
(5) In subsection (a)(7), as so redesignated— (A) “and use” is inserted after “expenditure”; (B) “fees” is struck and “monetary and in-kind contributions” is inserted; and (C) “and any interest in the fund established under paragraph (6)” is struck.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(6) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(a)(8)
Pub. L. 104–283, § 6(b)(6), redesignated par. (7) as (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 104–283, § 6(b)(6), redesignated par. (7) as (8).Enacted provision · exact public law section
(6) In subsection (a), as so redesignated, paragraphs (5), (6), and (7) are redesignated in order as paragraphs (6), (7), and (8), and the following new paragraph is inserted after paragraph (4): “(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;”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(9) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(b)
Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.Enacted provision · exact public law section
(9) In each of subsections (b), (c), and (d), as so redesignated, by striking “subsection (b)” and inserting “subsection (a)”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(b)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(9) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(c)
Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.Enacted provision · exact public law section
(9) In each of subsections (b), (c), and (d), as so redesignated, by striking “subsection (b)” and inserting “subsection (a)”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(c)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(9) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1445b(d)
Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.Enacted provision · exact public law section
(9) In each of subsections (b), (c), and (d), as so redesignated, by striking “subsection (b)” and inserting “subsection (a)”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(d)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(8) · 110 Stat. 3363
Struck · 16 U.S.C. § 1445b(e)
Pub. L. 104–283, § 6(b)(8), struck out “(1)” before “It is unlawful”
Redesignated · 16 U.S.C. § 1445b(e)
Pub. L. 104–283, § 6(b)(8), redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, in par. (3)
Substituted · 16 U.S.C. § 1445b(e)
Pub. L. 104–283, § 6(b)(8), substituted “monetary or in-kind contribution” for “fee”
Struck · 16 U.S.C. § 1445b(e)
Pub. L. 104–283, § 6(b)(8), struck out former par. (2) which read as follows: “Violation of this subsection shall be considered a violation of this chapter.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–283, § 6(b)(8), struck out “(1)” before “It is unlawful”, redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, in par. (3), substituted “monetary or in-kind contribution” for “fee”, and struck out former par. (2) which read as follows: “Violation of this subsection shall be considered a violation of this chapter.”Enacted provision · exact public law section
(8) In subsection (e), as so redesignated— (A) paragraph (2) is struck; (B) in paragraph (1), “(1)” is struck, and subparagraphs (A), (B), (C), and (D) are redesignated as paragraphs (1), (2), (3), and (4); and (C) in paragraph (3), as so redesignated, “fee” is struck and “monetary or in-kind contribution” is inserted.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(e)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Redesignated · 16 U.S.C. § 1445b(f)
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e).Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Struck · 16 U.S.C. § 1445b(g)
Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (g). Text read as follows: “No later than 30 months after November 4, 1992, the Secretary shall submit a report on the pilot project to Congress regarding the success of the program in providing additional funds for management and operation of national marine sanctuaries.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (g). Text read as follows: “No later than 30 months after November 4, 1992, the Secretary shall submit a report on the pilot project to Congress regarding the success of the program in providing additional funds for management and operation of national marine sanctuaries.”Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 6(b)(1) · 110 Stat. 3363
Struck · 16 U.S.C. § 1445b(h)
Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (h). Text read as follows: “In this section—
Source evidence
Code amendment note
Subsec. (h). Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (h). Text read as follows: “In this section—“(1) the term ‘national marine sanctuary’ or ‘national marine sanctuaries’ means a national marine sanctuary or sanctuaries designated under this chapter, or by other law in accordance with this chapter; “(2) the term ‘official sponsor’ means any person designated by the Secretary who is authorized to manufacture, reproduce, or use any symbol created, adopted, and published in the Federal Register under this section for a fee paid to the Secretary; and “(3) the term ‘Secretary’ means the Secretary of Commerce.”
Enacted provision · exact public law section
(1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively.Pub. L. 106–513 § 17(1) · 114 Stat. 2381
Inserted · 16 U.S.C. § 1445b(a)(1)
Pub. L. 106–513, § 17(1), inserted “or the System” after “sanctuaries”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 106–513, § 17(1), inserted “or the System” after “sanctuaries”.Enacted provision · exact public law section
(1) in subsection (a)(1), by inserting “or the System” after “sanctuaries”;Pub. L. 106–513 § 17(2) · 114 Stat. 2381
Substituted · 16 U.S.C. § 1445b(a)(4)
Pub. L. 106–513, § 17(2), substituted “manufacture, reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol,” for “use of any symbol published under paragraph (1)”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 106–513, § 17(2), substituted “manufacture, reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol,” for “use of any symbol published under paragraph (1)”.Enacted provision · exact public law section
(2) in subsection (a)(4) by striking “use of any symbol published under paragraph (1)” and inserting “manufacture, reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol,”;Pub. L. 106–513 § 17(3) · 114 Stat. 2381
Amended · 16 U.S.C. § 1445b(e)(3)
Pub. L. 106–513, § 17(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of a monetary or in-kind contribution to the Secretary; and”
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 106–513, § 17(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of a monetary or in-kind contribution to the Secretary; and”.Enacted provision · exact public law section
(3) by amending subsection (e)(3) to read as follows: “(3) to manufacture, reproduce, or otherwise use any symbol adopted by the Secretary under subsection (a)(1), including to sell any item bearing such a symbol, unless authorized by the Secretary under subsection (a)(4) or subsection (f); or”; andPub. L. 106–513 § 17(4) · 114 Stat. 2381
Added · 16 U.S.C. § 1445b(f); 16 U.S.C. § 1445b(g)
Pub. L. 106–513, § 17(4), added subsecs. (f) and (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 106–513, § 17(4), added subsecs. (f) and (g).Enacted provision · exact public law section
(4) by adding at the end the following: “(f) Collaborations.— The Secretary may authorize the use of a symbol adopted by the Secretary under subsection (a)(1) by any person engaged in a collaborative effort with the Secretary to carry out the purposes and policies of this title 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 estab-lished under this section. Under an agreement entered into under this paragraph, the Secretary may authorize the nonprofit 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”.
35 of 36 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was set out as a note under section 1442 of this title prior to renumbering by Pub. L. 104–283.
Amendments1996–2000 · 2 rounds
2000
Subsec. (a)(1). Pub. L. 106–513, § 17(1), inserted “or the System” after “sanctuaries”.
Subsec. (a)(4). Pub. L. 106–513, § 17(2), substituted “manufacture, reproduction, or other use of any symbol published under paragraph (1), including the sale of items bearing such a symbol,” for “use of any symbol published under paragraph (1)”.
Subsec. (e)(3). Pub. L. 106–513, § 17(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of a monetary or in-kind contribution to the Secretary; and”.
Subsecs. (f), (g). Pub. L. 106–513, § 17(4), added subsecs. (f) and (g).
1996
Subsec. (a). Pub. L. 104–283, § 6(b)(7), inserted at end “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.”
Pub. L. 104–283, § 6(b)(2), substituted “Authority” for “Project” as heading and “The Secretary may establish a program consisting of” for “The project shall consist of” in introductory provisions.
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “Beginning on , the Secretary shall conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries.”
Subsec. (a)(5). Pub. L. 104–283, § 6(b)(6), added par. (5). Former par. (5) redesignated (6).
Pub. L. 104–283, § 6(b)(3), substituted “solicitation” for “establishment” and “monetary or in-kind contributions” for “fees”.
Subsec. (a)(6). Pub. L. 104–283, § 6(b)(6), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 104–283, § 6(b)(4), substituted “monetary or in-kind contributions collected” for “fees assessed” and “paragraphs (5) and (6)” for “paragraph (5)” and struck out “in an interest-bearing revolving fund” after “by the Secretary”.
Subsec. (a)(7). Pub. L. 104–283, § 6(b)(6), redesignated par. (6) as (7). Former par. (7) redesignated (8).
Pub. L. 104–283, § 6(b)(5), inserted “and use” after “expenditure”, substituted “monetary and in-kind contributions” for “fees”, and struck out “and any interest in the fund established under paragraph (6)” before “, without appropriation”.
Subsec. (a)(8). Pub. L. 104–283, § 6(b)(6), redesignated par. (7) as (8).
Subsec. (b). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 104–283, § 6(b)(9), substituted “subsection (a)” for “subsection (b)”.
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 104–283, § 6(b)(8), struck out “(1)” before “It is unlawful”, redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, in par. (3), substituted “monetary or in-kind contribution” for “fee”, and struck out former par. (2) which read as follows: “Violation of this subsection shall be considered a violation of this chapter.”
Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 104–283, § 6(b)(1), redesignated subsec. (f) as (e).
Subsec. (g). Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (g). Text read as follows: “No later than 30 months after , the Secretary shall submit a report on the pilot project to Congress regarding the success of the program in providing additional funds for management and operation of national marine sanctuaries.”
Subsec. (h). Pub. L. 104–283, § 6(b)(1), struck out heading and text of subsec. (h). Text read as follows: “In this section—
“(1) the term ‘national marine sanctuary’ or ‘national marine sanctuaries’ means a national marine sanctuary or sanctuaries designated under this chapter, or by other law in accordance with this chapter;
“(2) the term ‘official sponsor’ means any person designated by the Secretary who is authorized to manufacture, reproduce, or use any symbol created, adopted, and published in the Federal Register under this section for a fee paid to the Secretary; and
“(3) the term ‘Secretary’ means the Secretary of Commerce.”
Credits
1992–2000 · 3 acts
- 1992Pub. L. 92–532, title III, § 316, formerly Pub. L. 102–587, title II, § 2204, , 106 Stat. 5049
- 1996renumbered § 316 of Pub. L. 92–532 and amended Pub. L. 104–283, § 6, , 110 Stat. 3364
- 2000Pub. L. 106–513, § 17, , 114 Stat. 2391.
Show as published
(Pub. L. 92–532, title III, § 316, formerly Pub. L. 102–587, title II, § 2204, , 106 Stat. 5049; renumbered § 316 of Pub. L. 92–532 and amended Pub. L. 104–283, § 6, , 110 Stat. 3364; Pub. L. 106–513, § 17, , 114 Stat. 2391.)