§ 1445b. — Enhancing support for national marine sanctuaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1445b]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1445b. Enhancing support for national marine sanctuaries
(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.
(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.)
Codification
Section was set out as a note under section 1442 of this title prior
to renumbering by Pub. L. 104-283.
Amendments
2000--Subsec. (a)(1). Pub. L. 106-513, Sec. 17(1), inserted ``or the
System'' after ``sanctuaries''.
Subsec. (a)(4). Pub. L. 106-513, Sec. 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, Sec. 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, Sec. 17(4), added subsecs. (f)
and (g).
1996--Subsec. (a). Pub. L. 104-283, Sec. 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, Sec. 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, Sec. 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.''
Subsec. (a)(5). Pub. L. 104-283, Sec. 6(b)(6), added par. (5).
Former par. (5) redesignated (6).
Pub. L. 104-283, Sec. 6(b)(3), substituted ``solicitation'' for
``establishment'' and ``monetary or in-kind contributions'' for
``fees''.
Subsec. (a)(6). Pub. L. 104-283, Sec. 6(b)(6), redesignated par. (5)
as (6). Former par. (6) redesignated (7).
Pub. L. 104-283, Sec. 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, Sec. 6(b)(6), redesignated par. (6)
as (7). Former par. (7) redesignated (8).
Pub. L. 104-283, Sec. 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, Sec. 6(b)(6), redesignated par. (7)
as (8).
Subsec. (b). Pub. L. 104-283, Sec. 6(b)(9), substituted ``subsection
(a)'' for ``subsection (b)''.
Pub. L. 104-283, Sec. 6(b)(1), redesignated subsec. (c) as (b).
Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 104-283, Sec. 6(b)(9), substituted ``subsection
(a)'' for ``subsection (b)''.
Pub. L. 104-283, Sec. 6(b)(1), redesignated subsec. (d) as (c).
Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 104-283, Sec. 6(b)(9), substituted ``subsection
(a)'' for ``subsection (b)''.
Pub. L. 104-283, Sec. 6(b)(1), redesignated subsec. (e) as (d).
Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 104-283, Sec. 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, Sec. 6(b)(1), redesignated subsec. (f) as (e).
Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 104-283, Sec. 6(b)(1), redesignated subsec. (f)
as (e).
Subsec. (g). Pub. L. 104-283, Sec. 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.''
Subsec. (h). Pub. L. 104-283, Sec. 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.''
