16 U.S.C. § 1432 — Definitions

Page 1849 TITLE 16—CONSERVATION § 1432 1 See References in Text note below. dioxide for the benefit of present and future genera- tions. (b) In any proposal of a National Marine Sanctuary designation, as described in subsection (a) of this sec- tion, the Secretary of Commerce shall identify the an- ticipated timeline for the completion of the National Marine Sanctuary designation process as expeditiously as possible, consistent with applicable law. (c) For any final designation, the Secretary of Com- merce shall establish a National Marine Sanctuary ad- visory council and pursue, as appropriate, opportuni- ties to collaborate with Indigenous Peoples with ances- tral, historical, and cultural connections to the area on planning and management. SEC. 2. Collaboration on Conservation. The Secretary of the Interior and the Secretary of Commerce (Secre- taries) shall collaborate, as appropriate, regarding con- servation of the lands and surrounding waters of the Pacific Remote Islands. SEC. 3. Collaborative Process on Naming. In recognition of the deep and enduring cultural significance of this region to the oceanic cultures of the Pacific, the Secre- taries shall develop and implement a process to col- laborate with Indigenous language experts, Native Ha- waiian Organizations, and other representatives from Indigenous Peoples with ancestral, historical, and cul- tural connections to the area to develop names and naming conventions reflecting ancestral, historical, and cultural connections for the National Wildlife Ref- uges and any National Marine Sanctuary designated in the area of the Pacific Remote Islands Marine National Monument and for the islands, atolls, reefs, and other natural features in the area. Within 2 years of the date of this memorandum and through the process they de- velop, the Secretaries shall identify appropriate names for the National Wildlife Refuges within the Pacific Re- mote Islands Marine National Monument and any Na- tional Marine Sanctuary that is designated in the area, provide a recommendation to the President on the po- tential renaming of the Pacific Remote Islands Marine National Monument, and identify appropriate naming conventions and processes for naming natural features within the boundaries of the Monument and any Na- tional Marine Sanctuary that is designated in the area. SEC. 4. Recommendations on Appropriate Cultural Rec- ognition. Within 2 years of the date of this memo- randum, the Secretaries shall engage with Native Ha- waiian Organizations and relevant Pacific Island Indig- enous communities and coordinate with other execu- tive departments and agencies, as appropriate, to pro- vide the President with recommendations on honoring the heritage, traditional practices, ancestral pathways, and stopping points for Pacific Island voyagers and on providing posthumous recognition for the Hui Panala’au, who were Native Hawaiians sent to the Pa- cific Remote Islands between 1935 and 1942, many of whom were young men from the Kamehameha Schools. SEC. 5. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals; or (iii) the provisions of Proclamation 8336 and Procla- mation 9173, including those related to the rights, au- thorities, or exemptions for the Department of Defense and actions of the Armed Forces. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Fed- eral Register. J.R. BIDEN, JR. § 1432. Definitions As used in this chapter, the term— (1) ‘‘draft management plan’’ means the plan described in section 1434(a)(1)(C)(v) 1 of this title; (2) ‘‘Magnuson-Stevens Act’’ means the Mag- nuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1801 et seq.); (3) ‘‘marine environment’’ means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law; (4) ‘‘Secretary’’ means the Secretary of Com- merce; (5) ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other com- monwealth, territory, or possession of the United States; (6) ‘‘damages’’ includes— (A) compensation for— (i)(I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary re- source; and (II) the value of the lost use of a sanc- tuary resource pending its restoration or replacement or the acquisition of an equiv- alent sanctuary resource; or (ii) the value of a sanctuary resource if the sanctuary resource cannot be restored or replaced or if the equivalent of such re- source cannot be acquired; (B) the cost of damage assessments under section 1443(b)(2) of this title; (C) the reasonable cost of monitoring ap- propriate to the injured, restored, or re- placed resources; (D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and (E) the cost of enforcement actions under- taken by the Secretary in response to the destruction or loss of, or injury to, a sanc- tuary resource; (7) ‘‘response costs’’ means the costs of ac- tions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize the immi- nent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title; (8) ‘‘sanctuary resource’’ means any living or nonliving resource of a national marine sanc- tuary that contributes to the conservation, recreational, ecological, historical, edu- cational, cultural, archeological, scientific, or aesthetic value of the sanctuary; and (9) ‘‘exclusive economic zone’’ means the ex- clusive economic zone as defined in the Mag- nuson-Stevens Act; and (10) ‘‘System’’ means the National Marine Sanctuary System established by section 1431 of this title. Page 1850 TITLE 16—CONSERVATION § 1433 (Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97–375, title II, § 202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100–627, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, § 2102, Nov. 4, 1992, 106 Stat. 5040; Pub. L. 104–283, § 9(b), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§ 4, 19(b)(1), (2), Nov. 13, 2000, 114 Stat. 2382, 2392, 2393.) Editorial Notes REFERENCES IN TEXT Section 1434(a)(1)(C) of this title, referred to in par. (1), was amended generally by Pub. L. 106–513, § 6(a), Nov. 13, 2000, 114 Stat. 2383, and, as so amended, no longer contains a cl. (v). The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2000—Par. (2). Pub. L. 106–513, § 19(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘ ‘Magnuson Act’ means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);’’. Par. (6)(D), (E). Pub. L. 106–513, § 4(a), added subpars. (D) and (E). Par. (7). Pub. L. 106–513, § 4(b), inserted ‘‘, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title’’ after ‘‘loss, or injury’’. Par. (8). Pub. L. 106–513, § 4(c), substituted ‘‘edu- cational, cultural, archeological, scientific,’’ for ‘‘re- search, educational,’’. Par. (9). Pub. L. 106–513, § 19(b)(2), substituted ‘‘Mag- nuson-Stevens Act’’ for ‘‘Magnuson Fishery Conserva- tion and Management Act’’. Par. (10). Pub. L. 106–513, § 4(d), added par. (10). 1996—Par. (6)(C). Pub. L. 104–283, § 9(b)(1), which di- rected substitution of a semicolon for ‘‘, and’’ at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Con- gress. Par. (7). Pub. L. 104–283, § 9(b)(2), struck out ‘‘and’’ after ‘‘injury;’’. 1992—Par. (1). Pub. L. 102–587, § 2102(e)(1), substituted ‘‘1434(a)(1)(C)(v)’’ for ‘‘1434(a)(1)(E)’’. Par. (3). Pub. L. 102–587, § 2102(a), inserted ‘‘including the exclusive economic zone,’’ after ‘‘jurisdiction,’’. Par. (5). Pub. L. 102–587, § 2102(e)(2), struck out ‘‘and’’ at end. Par. (6)(C). Pub. L. 102–587, § 2102(b), added subpar. (C). Par. (7). Pub. L. 102–587, § 2102(c), inserted ‘‘or author- ized’’ after ‘‘taken’’. Par. (9). Pub. L. 102–587, § 2102(d), added par. (9). 1988—Pars. (6) to (8). Pub. L. 100–627 added pars. (6) to (8). 1984—Pub. L. 98–498 amended section generally, sub- stituting provisions which set forth definitions for pro- visions which related to the designation of sanctuaries. See section 1433 of this title. 1982—Subsec. (d). Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provi- sion that Secretary submit an annual report on or be- fore November 1 of each year, and substituted reference to previous two fiscal years for reference to previous fiscal year. 1980—Subsec. (b). Pub. L. 96–332, § 2(1), designated ex- isting provisions as par. (1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty- day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability, and added par. (2). Subsec. (f). Pub. L. 96–332, § 2(2), designated existing provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2) as so designated, substituted ‘‘The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide’’ for ‘‘After a ma- rine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, li- cense, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the regulations promulgated under this sec- tion’’. Subsec. (h). Pub. L. 96–332, § 2(3), added subsec. (h). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 100–627, title II, § 210, Nov. 7, 1988, 102 Stat. 3223, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Commerce— ‘‘(1) shall propose regulations implementing the amendments made by this title [enacting sections 1440 to 1445 of this title, amending sections 1432, 1434, and 1437 of this title, and repealing section 1438 of this title]; and ‘‘(2) shall issue final regulations implementing the amendments made by the Marine Sanctuaries Amendments of 1984 [enacting sections 1435 to 1439 of this title and amending sections 1431 to 1434 of this title].’’ ADDITIONAL DEFINITIONS Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052, which is classified to section 1402 of Title 33, Navigation and Navigable Waters, defines for purposes of this chapter the terms ‘‘Administrator’’, ‘‘Ocean waters’’, ‘‘Mate- rial’’, ‘‘United States’’, ‘‘Person’’, ‘‘Dumping’’, ‘‘Dis- trict Court of the United States’’, ‘‘Dredged material’’, ‘‘High-level radioactive waste’’, and ‘‘Transport’’ or ‘‘Transportation’’. § 1433. Sanctuary designation standards (a) Standards The Secretary may designate any discrete area of the marine environment as a national marine sanctuary and promulgate regulations implementing the designation if the Secretary determines that— (1) the designation will fulfill the purposes and policies of this chapter; (2) the area is of special national signifi- cance due to— (A) its conservation, recreational, ecologi- cal, historical, scientific, cultural, archae- ological, educational, or esthetic qualities; (B) the communities of living marine re- sources it harbors; or (C) its resource or human-use values;