16 U.S.C. § 1445b — Enhancing support for national marine

Page 1865 TITLE 16—CONSERVATION § 1445b Act of 1972 (16 U.S.C. 1445) and consistent with the Co- operative Agreement entered into in October, 1989, be- tween the National Oceanic and Atmospheric Adminis- tration and the Mariner’s Museum of Newport News, Virginia, the Secretary of Commerce shall make a grant for the acquisition of space in Hatteras Village, North Carolina, for— ‘‘(1) the display and interpretation of artifacts re- covered from the area of the Atlantic Ocean adjacent to North Carolina generally known as the Graveyard of the Atlantic, including artifacts recovered from the Monitor National Marine Sanctuary; and ‘‘(2) administration and operations of the Monitor National Marine Sanctuary. ‘‘(b) AUTHORIZATION.—To carry out the responsibil- ities of the Secretary of Commerce under this section, there are authorized to be appropriated to the Sec- retary of Commerce a total of $800,000 for fiscal years 1993 and 1994, to remain available until expended. ‘‘(c) FEDERAL SHARE.—Not more than two-thirds of the cost of space acquired under this section may be paid with amounts provided pursuant to this section.’’ § 1445a. Advisory Councils (a) Establishment The Secretary may establish one or more advi- sory councils (in this section referred to as an ‘‘Advisory Council’’) to advise and make rec- ommendations to the Secretary regarding the designation and management of national marine sanctuaries. The Advisory Councils shall be ex- empt from chapter 10 of title 5. (b) Membership Members of the Advisory Councils may be ap- pointed from among— (1) persons employed by Federal or State agencies with expertise in management of nat- ural resources; (2) members of relevant Regional Fishery Management Councils established under sec- tion 1852 of this title; and (3) representatives of local user groups, con- servation and other public interest organiza- tions, scientific organizations, educational or- ganizations, or others interested in the protec- tion and multiple use management of sanc- tuary resources. (c) Limits on membership For sanctuaries designated after November 4, 1992, the membership of Advisory Councils shall be limited to no more than 15 members. (d) Staffing and assistance The Secretary may make available to an Advi- sory Council any staff, information, administra- tive services, or assistance the Secretary deter- mines are reasonably required to enable the Ad- visory Council to carry out its functions. (e) Public participation and procedural matters The following guidelines apply with respect to the conduct of business meetings of an Advisory Council: (1) Each meeting shall be open to the public, and interested persons shall be permitted to present oral or written statements on items on the agenda. (2) Emergency meetings may be held at the call of the chairman or presiding officer. (3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register, except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register. (4) Minutes of each meeting shall be kept and contain a summary of the attendees and matters discussed. (Pub. L. 92–532, title III, § 315, as added Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L. 104–283, §§ 5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub. L. 106–513, §§ 16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391, 2393; Pub. L. 117–286, § 4(a)(112), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ 2000—Subsec. (a). Pub. L. 106–513, § 16, substituted ‘‘advise and make recommendations’’ for ‘‘provide as- sistance’’. Subsec. (b)(2). Pub. L. 106–513, § 19(b)(5), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1852 of this title. 1996—Pub. L. 104–283, § 9(f), made technical amend- ment to directory language of Pub. L. 102–587, § 2112, which added this section. Subsec. (e)(3). Pub. L. 104–283, § 5, inserted before pe- riod at end ‘‘, except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register’’. § 1445b. Enhancing support for national marine sanctuaries (a) Authority The Secretary may establish a program con- sisting of— (1) the creation, adoption, and publication in the Federal Register by the Secretary of a symbol for the national marine sanctuary pro- gram, or for individual national marine sanc- tuaries or the System; (2) the solicitation of persons to be des- ignated as official sponsors of the national marine sanctuary program or of individual na- tional marine sanctuaries; (3) the designation of persons by the Sec- retary as official sponsors of the national ma- rine sanctuary program or of individual sanc- tuaries; (4) the authorization by the Secretary of the manufacture, reproduction, or other use of any symbol published under paragraph (1), includ- ing the sale of items bearing such a symbol, by official sponsors of the national marine sanc- tuary program or of individual national ma- rine sanctuaries; (5) the creation, marketing, and selling of products to promote the national marine sanc- tuary 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 contribu- tions from official sponsors for the manufac- ture, reproduction or use of the symbols pub- lished under paragraph (1); Page 1866 TITLE 16—CONSERVATION § 1445b (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 appropria- tion, by the Secretary to designate and man- age 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). (c) 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 na- tional marine sanctuaries to ensure compat- ibility 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 sub- section (a) 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 influ- ence or seek to influence any decision by the Secretary or any other Federal official related to the designation or management of a na- tional 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), including to sell any item bearing such a symbol, unless authorized by the Secretary under subsection (a)(4) or subsection (f); or (4) to violate any regulation promulgated by the Secretary under this section. (f) Collaborations The Secretary may authorize the use of a sym- bol 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 organi- zation to solicit sponsors (1) In general The Secretary may enter into an agreement with a non-profit partner organization author- izing 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 au- thorize the non-profit partner organization to solicit persons to be official sponsors of the national marine sanctuary system or of indi- vidual national marine sanctuaries, upon such terms as the Secretary deems reasonable and will contribute to the successful administra- tion of the sanctuary system. The Secretary may also authorize the non-profit partner or- ganization to collect the statutory contribu- tion from the sponsor, and, subject to para- graph (2), transfer the contribution to the Sec- retary. (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 mon- etary contributions it receives from official sponsors under the agreement to offset the ad- ministrative costs of the organization in solic- iting sponsors. (3) Partner organization defined In this subsection, the term ‘‘partner organi- zation’’ means an organization that— (A) draws its membership from individ- uals, private organizations, corporations, academic institutions, or State and local governments; and (B) is established to promote the under- standing 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, § 316, formerly Pub. L. 102–587, title II, § 2204, Nov. 4, 1992, 106 Stat. 5049; renumbered § 316 of Pub. L. 92–532 and amended Pub. L. 104–283, § 6, Oct. 11, 1996, 110 Stat. 3364; Pub. L. 106–513, § 17, Nov. 13, 2000, 114 Stat. 2391.) Editorial Notes 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, § 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 sym- bol 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 spon- sor and without payment of a monetary or in-kind con- tribution 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 sanc- tuary shall be used to support that sanctuary.’’ Pub. L. 104–283, § 6(b)(2), substituted ‘‘Authority’’ for ‘‘Project’’ as heading and ‘‘The Secretary may estab- lish 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 November 4, 1992, the Secretary shall Page 1867 TITLE 16—CONSERVATION § 1445c–1 conduct a 2-year pilot project to enhance funding for designation and management of national marine sanc- tuaries.’’ 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 contribu- tions’’ 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 ‘‘ex- penditure’’, substituted ‘‘monetary and in-kind con- tributions’’ for ‘‘fees’’, and struck out ‘‘and any inter- est 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 ‘‘sub- section (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 ‘‘sub- section (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 ‘‘sub- section (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: ‘‘Vio- lation 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 sub- sec. (f) as (e). Subsec. (g). Pub. L. 104–283, § 6(b)(1), struck out head- ing and text of subsec. (g). Text read as follows: ‘‘No later than 30 months after November 4, 1992, the Sec- retary shall submit a report on the pilot project to Congress regarding the success of the program in pro- viding additional funds for management and operation of national marine sanctuaries.’’ Subsec. (h). Pub. L. 104–283, § 6(b)(1), struck out head- ing and text of subsec. (h). Text read as follows: ‘‘In this section— ‘‘(1) the term ‘national marine sanctuary’ or ‘na- tional marine sanctuaries’ means a national marine sanctuary or sanctuaries designated under this chap- ter, 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.’’ § 1445c. Dr. Nancy Foster Scholarship Program (a) Establishment The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in oceanography, marine biology or maritime archeology, to be known as Dr. Nancy Foster Scholarships. (b) Purposes The purposes of the Dr. Nancy Foster Scholar- ship Program are— (1) to recognize outstanding scholarship in oceanography, marine biology, or maritime archeology, particularly by women and mem- bers of minority groups; and (2) to encourage independent graduate level research in oceanography, marine biology, or maritime archeology. (c) Award Each Dr. Nancy Foster Scholarship— (1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate level institution of higher education; and (2) shall be awarded in accordance with guidelines issued by the Secretary. (d) Distribution of funds The amount of each Dr. Nancy Foster Scholar- ship shall be provided directly to a recipient se- lected by the Secretary upon receipt of certifi- cation that the recipient will adhere to a spe- cific and detailed plan of study and research ap- proved by a graduate level institution of higher education. (e) Funding Of the amount available each fiscal year to carry out this chapter, the Secretary shall award 1 percent as Dr. Nancy Foster Scholar- ships. (f) Scholarship repayment requirement The Secretary shall require an individual re- ceiving a scholarship under this section to repay the full amount of the scholarship to the Sec- retary if the Secretary determines that the indi- vidual, in obtaining or using the scholarship, en- gaged in fraudulent conduct or failed to comply with any term or condition of the scholarship. (g) Maritime archeology defined In this section the term ‘‘maritime arche- ology’’ includes the curation, preservation, and display of maritime artifacts. (Pub. L. 92–532, title III, § 318, as added Pub. L. 106–513, § 18, Nov. 13, 2000, 114 Stat. 2392.) Editorial Notes CODIFICATION For similar provisions relating to the Dr. Nancy Fos- ter Scholarship Program, see section 1445c–1 of this title. § 1445c–1. Dr. Nancy Foster Scholarship Program (a) Establishment The Secretary of Commerce shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Pro- gram. Under the program, the Secretary shall award graduate education scholarships in ma- rine biology, oceanography, or maritime archae- ology, including the curation, preservation, and display of maritime artifacts, to be known as ‘‘Dr. Nancy Foster Scholarships’’. (b) Purpose The purpose of the Dr. Nancy Foster Scholar- ship Program is to recognize outstanding schol-