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16 U.S.C. § 1435 — Application of regulations; international negotiations and cooperation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** This chapter and the regulations issued under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1434&num=0&edition=prelim) 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 or be enforced against 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.
**(c) International cooperation** The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral 11 So in original. Probably should be “multilateral”. arrangements for the protection and management of special marine areas.
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Source file: Laws/federal/codes/united-states-code/title-16/section-1435-application-of-regulations-international-negotiations-and-cooperation--66ed178b01.md
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Source location: Title 16, Chapter 32, § 1435; chapter-032-marine-sanctuaries.md
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**(a) Regulations** This chapter and the regulations issued under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1434&num=0&edition=prelim) 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 or be enforced against 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.
**(c) International cooperation** The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral 11 So in original. Probably should be “multilateral”. arrangements for the protection and management of special marine areas.
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Federal law — U.S. Code and appendices · legal_authorities
**(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, 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 general circulation or electronic media in the communities that may be affected by the proposal; and
(C) no later than the day on which the notice required under subparagraph (A) is submitted to the Office of the Federal Register, submit a copy of that notice and the draft sanctuary designation documents prepared pursuant to paragraph (2), including an executive summary, to the Committee on Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Governor of each State in which any part of the proposed sanctuary would be located.
(2) **Sanctuary designation documents** — The Secretary shall prepare and make available to the public sanctuary designation documents on the proposal that include the following:
(A) A draft environmental impact statement pursuant to the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(B) A resource assessment that documents—
(i) present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial, governmental, or recreational uses;
(ii) after consultation with the Secretary of the Interior, any commercial, governmental, or recreational resource uses in the areas
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1434
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Utilization of other departments, agencies, and instrumentalities** The Administrator or the Secretary, as the case may be, may, whenever appropriate, 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 subchapter.
**(b) Delegation of review and evaluation authority** The Administrator or the Secretary may delegate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis.
**(c) Surveillance and other enforcement activity** The Secretary of the department in which the Coast Guard is operating shall conduct surveillance and other appropriate enforcement activity to prevent unlawful transportation of material for dumping, or unlawful dumping. Such enforcement activity shall include, but not be limited to, enforcement of regulations issued by him pursuant to [section 1418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1418&num=0&edition=prelim), relating to safe transportation, handling, carriage, storage, and stowage. The Secretary of the Department in which the Coast Guard is operating shall supply to the Administrator and to the Attorney General, as appropriate, such information of enforcement activities and such evidentiary material assembled as they may require in carrying out their duties relative to penalty assessments, crim
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Federal law — U.S. Code and appendices · legal_authorities
Page 1856
TITLE 16—CONSERVATION
§ 1435
shall at any time thereafter be in order to move to pro-
ceed 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 ex-
ercise of the rulemaking power of each House of Con-
gress, 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 sub-
section 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 man-
ner, and to the same extent as in the case of any other
rule of such House.’’
1992—Subsec. (a)(1)(C). Pub. L. 102–587, § 2104(a)(2),
substituted ‘‘documents, including an executive sum-
mary, consisting of—’’ for ‘‘a prospectus on the pro-
posal which shall contain—’’.
Subsec. (a)(5). Pub. L. 102–587, § 2104(a)(3), substituted
‘‘Exclusive Economic Zone’’ for ‘‘United States Fishery
Conservation Zone’’ and inserted at end ‘‘The Secretary
shall also cooperate with other appropriate fishery
management authorities with rights or responsibilities
within a proposed sanctuary at the earliest practicable
stage in drafting any sanctuary fishing regulations.’’
Subsec. (a)(6). Pub. L. 102–587, § 2104(a)(1), substituted
‘‘documents’’ for ‘‘prospectus’’ wherever appearing.
Subsec. (b)(1). Pub. L. 102–587, § 210
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1435
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