16 U.S.C. § 1440 — Research, monitoring, and education

Page 1860 TITLE 16—CONSERVATION § 1438 lating to enforcement activities in general, powers of authorized officers, civil penalties, forfeiture, payment of storage, care, and other costs, subpoenas, use of re- sources of State and other Federal agencies, Coast Guard authority, and injunctive relief for former provi- sions consisting of subsecs. (a) to (c) relating to en- forcement activities in general, civil penalties, and ju- risdiction. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY REGULATIONS Pub. L. 102–241, § 51, Dec. 19, 1991, 105 Stat. 2227, di- rected Secretary of Transportation and Secretary of Commerce, not later than one year after Dec. 19, 1991, to submit to Congress a joint report describing meth- ods by which Coast Guard enforcement efforts under the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.) could be enhanced and coordinated with those of the National Oceanic and Atmospheric Administration. § 1438. Repealed. Pub. L. 100–627, title II, § 203(1), Nov. 7, 1988, 102 Stat. 3214 Section, Pub. L. 92–532, title III, § 308, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303, author- ized appropriations for fiscal years 1985 to 1988. § 1439. Regulations The Secretary may issue such regulations as may be necessary to carry out this chapter. (Pub. L. 92–532, title III, § 308, formerly § 309, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303; renumbered § 308, Pub. L. 100–627, title II, § 203(2), Nov. 7, 1988, 102 Stat. 3214; Pub. L. 106–513, § 9, Nov. 13, 2000, 114 Stat. 2387.) Editorial Notes PRIOR PROVISIONS A prior section 308 of Pub. L. 92–532 was classified to section 1438 of this title, prior to repeal by section 203(1) of Pub. L. 100–627. AMENDMENTS 2000—Pub. L. 106–513 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘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 ap- plication of such provision to other persons and cir- cumstances shall not be affected thereby.’’ § 1440. Research, monitoring, and education (a) In general The Secretary shall conduct, support, or co- ordinate research, monitoring, evaluation, and education programs consistent with subsections (b) and (c) and the purposes and policies of this chapter. (b) Research and monitoring (1) In general The Secretary may— (A) support, promote, and coordinate re- search on, and long-term monitoring of, sanctuary resources and natural processes that occur in national marine sanctuaries, including exploration, mapping, and envi- ronmental and socioeconomic assessment; (B) develop and test methods to enhance degraded habitats or restore damaged, in- jured, or lost sanctuary resources; and (C) support, promote, and coordinate re- search on, and the conservation, curation, and public display of, the cultural, archeo- logical, and historical resources of national marine sanctuaries. (2) Availability of results The results of research and monitoring con- ducted, supported, or permitted by the Sec- retary under this subsection shall be made available to the public. (c) Education (1) In general The Secretary may support, promote, and coordinate efforts to enhance public aware- ness, understanding, and appreciation of na- tional marine sanctuaries and the System. Ef- forts supported, promoted, or coordinated under this subsection must emphasize the con- servation goals and sustainable public uses of national marine sanctuaries and the System. (2) Educational activities Activities under this subsection may include education of the general public, teachers, stu- dents, national marine sanctuary users, and ocean and coastal resource managers. (d) Interpretive facilities (1) In general The Secretary may develop interpretive fa- cilities near any national marine sanctuary. (2) Facility requirement Any facility developed under this subsection must emphasize the conservation goals and sustainable public uses of national marine sanctuaries by providing the public with infor- mation about the conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities of the national marine sanctuary. (e) Consultation and coordination In conducting, supporting, and coordinating research, monitoring, evaluation, and education programs under subsection (a) and developing interpretive facilities under subsection (d), the Secretary may consult or coordinate with Fed- eral, interstate, or regional agencies, States or local governments. (Pub. L. 92–532, title III, § 309, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 102–587, title II, § 2108, Nov. 4, 1992, 106 Stat. 5045; Pub. L. 106–513, § 10, Nov. 13, 2000, 114 Stat. 2388.) Editorial Notes PRIOR PROVISIONS A prior section 309 of Pub. L. 92–532 was renumbered section 308 and is classified to section 1439 of this title. Page 1861 TITLE 16—CONSERVATION § 1441 AMENDMENTS 2000—Pub. L. 106–513 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘(a) IN GENERAL.—The Secretary shall conduct re- search, monitoring, evaluation, and education pro- grams as are necessary and reasonable to carry out the purposes and policies of this chapter. ‘‘(b) PROMOTION AND COORDINATION OF SANCTUARY USE.—The Secretary shall take such action as is nec- essary and reasonable to promote and coordinate the use of national marine sanctuaries for research, moni- toring, and education purposes. Such action may in- clude consulting with Federal agencies, States, local governments, regional agencies, interstate agencies, or other persons to promote use of one or more sanc- tuaries for research, monitoring, and education, includ- ing coordination with the National Estuarine Research Reserve System.’’ 1992—Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary shall take such action as is necessary to promote and coordinate the use of national marine sanctuaries for research purposes, including— ‘‘(1) requiring that the National Oceanic and At- mospheric Administration, in conducting or sup- porting marine research, give priority to research in- volving national marine sanctuaries; and ‘‘(2) consulting with other Federal and State agen- cies to promote use by such agencies of one or more sanctuaries for marine research.’’ § 1441. Special use permits (a) Issuance of permits The Secretary may issue special use permits which authorize the conduct of specific activi- ties in a national marine sanctuary if the Sec- retary determines such authorization is nec- essary— (1) to establish conditions of access to and use of any sanctuary resource; or (2) to promote public use and understanding of a sanctuary resource. (b) Public notice required The Secretary shall provide appropriate public notice before identifying any category of activ- ity subject to a special use permit under sub- section (a). (c) Permit terms A permit issued under this section— (1) shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources; (2) shall not authorize the conduct of any ac- tivity for a period of more than 5 years unless renewed by the Secretary; (3) shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or in- jure sanctuary resources; and (4) shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the permit and to agree to hold the United States harmless against such claims. (d) Fees (1) Assessment and collection The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section. (2) Amount The amount of a fee under this subsection shall be equal to the sum of— (A) costs incurred, or expected to be in- curred, by the Secretary in issuing the per- mit; (B) costs incurred, or expected to be in- curred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of moni- toring the conduct of the activity; and (C) an amount which represents the fair market value of the use of the sanctuary re- source. (3) Use of fees Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary— (A) for issuing and administering permits under this section; and (B) for expenses of managing national ma- rine sanctuaries. (4) Waiver or reduction of fees The Secretary may accept in-kind contribu- tions in lieu of a fee under paragraph (2)(C), or waive or reduce any fee assessed under this subsection for any activity that does not de- rive profit from the access to or use of sanc- tuary resources. (e) Violations Upon violation of a term or condition of a per- mit issued under this section, the Secretary may— (1) suspend or revoke the permit without compensation to the permittee and without li- ability to the United States; (2) assess a civil penalty in accordance with section 1437 of this title; or (3) both. (f) Reports Each person issued a permit under this section shall submit an annual report to the Secretary not later than December 31 of each year which describes activities conducted under that permit and revenues derived from such activities during the year. (g) Fishing Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities in a national marine sanctuary. (Pub. L. 92–532, title III, § 310, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 106–513, § 11, Nov. 13, 2000, 114 Stat. 2389.) Editorial Notes AMENDMENTS 2000—Subsec. (b). Pub. L. 106–513, § 11(1), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–513, § 11(1), (2), redesignated subsec. (b) as (c) and substituted ‘‘insurance, or post an equivalent bond,’’ for ‘‘insurance’’ in par. (4). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 106–513, § 11(1), redesignated sub- sec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(2)(C). Pub. L. 106–513, § 11(3), substituted ‘‘resource.’’ for ‘‘resource and a reasonable return to the United States Government.’’