16 U.S.C. § 1434 — Procedures for designation and imple-

Page 1852 TITLE 16—CONSERVATION § 1434 ‘‘determines that the designation will fulfill the pur- poses and policies of this chapter; and’’. Subsec. (b)(1)(J) to (L). Pub. L. 106–513, § 5(b)(1), added subpars. (J) to (L). Subsec. (b)(2)(A). Pub. L. 106–513, § 19(a)(1), sub- stituted ‘‘Resources’’ for ‘‘Merchant Marine and Fish- eries’’. Subsec. (b)(2)(D). Pub. L. 106–513, § 19(b)(3), sub- stituted ‘‘Magnuson-Stevens Act’’ for ‘‘Magnuson Act’’. Subsec. (b)(3). Pub. L. 106–513, § 5(b)(2), struck out heading and text of par. (3). Prior to amendment, text read as follows: ‘‘In making determinations and find- ings, the Secretary shall draft, as part of the environ- mental impact statement referred to in section 1434(a)(2) of this title, a resource assessment report doc- umenting present and potential uses of the area, in- cluding commercial and recreational fishing, research and education, minerals and energy development, sub- sistence uses, and other commercial, governmental, or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource as- sessment section for the report regarding any commer- cial, governmental, or recreational resource uses in the area under consideration that are subject to the pri- mary jurisdiction of the Department of the Interior. The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Adminis- trator, shall draft a resource assessment section for the report, including information on any past, present, or proposed future disposal or discharge of materials in the vicinity of the proposed sanctuary. Public disclo- sure by the Secretary of such information shall be con- sistent with national security regulations.’’ 1992—Subsec. (a)(2)(B). Pub. L. 102–587, § 2103(a), in- serted ‘‘or should be supplemented’’ after ‘‘inad- equate’’. Subsec. (b)(1)(A). Pub. L. 102–587, § 2103(b)(1), inserted ‘‘maintenance of critical habitat of endangered spe- cies,’’ after ‘‘assemblages,’’. Subsec. (b)(3). Pub. L. 102–587, § 2103(b)(2), substituted ‘‘1434(a)(2)’’ for ‘‘1434(a)(1)’’, inserted ‘‘, governmental,’’ after ‘‘other commercial’’ and after ‘‘any commercial’’, and inserted at end: ‘‘The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator, shall draft a resource assess- ment section for the report, including information on any past, present, or proposed future disposal or dis- charge of materials in the vicinity of the proposed sanctuary. Public disclosure by the Secretary of such information shall be consistent with national security regulations.’’ 1984—Pub. L. 98–498 amended section generally, sub- stituting provisions relating to sanctuary designation standards for provisions relating to penalties. See sec- tion 1437(b) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: ‘‘This section [amending this sec- tion and section 1434 of this title] shall take effect im- mediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.’’ MARINE SANCTUARIES Channel Islands National Marine Sanctuary.—45 F.R. 65198, Oct. 2, 1980; 15 C.F.R. part 922, subpart G. Cordell Bank National Marine Sanctuary.—54 F.R. 22417, May 24, 1989; 15 C.F.R. part 922, subpart K; Pub. L. 100–627, title II, § 205(a)(1), Nov. 7, 1988, 102 Stat. 3217. MARINE SANCTUARIES—CONTINUED Florida Keys National Marine Sanctuary.—15 C.F.R. part 922, subpart P; Pub. L. 101–605, Nov. 16, 1990, 104 Stat. 3089, as amended by Pub. L. 102–587, title II, §§ 2206, 2209, Nov. 4, 1992, 106 Stat. 5053, 5054. Flower Garden Banks National Marine Sanctuary.—56 F.R. 63634, Dec. 5, 1991; 60 F.R. 10312, Feb. 24, 1995; 15 C.F.R. part 922, subpart L; Pub. L. 100–627, title II, § 205(a)(2), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–251, title I, § 101, Mar. 9, 1992, 106 Stat. 60; Pub. L. 104–283, § 8, Oct. 11, 1996, 110 Stat. 3366. Gerry E. Studds Stellwagen Bank National Marine Sanctuary (former Stellwagen Bank National Ma- rine Sanctuary).—58 F.R. 53865, Oct. 19, 1993; 59 F.R. 53348, Oct. 24, 1994; 15 C.F.R. 922, subpart N; Pub. L. 102–587, title II, § 2202, Nov. 4, 1992, 106 Stat. 5048; Pub. L. 104–283, §§ 9(g), 11, Oct. 11, 1996, 110 Stat. 3368, 3369. Gray’s Reef National Marine Sanctuary.—46 F.R. 7942, Jan. 26, 1981; 15 C.F.R. part 922, subpart I. Greater Farallones National Marine Sanctuary (former Gulf of the Farallones National Marine Sanctuary; former Point Reyes-Farallon Islands Na- tional Marine Sanctuary).—46 F.R. 7936, Jan. 26, 1981; 15 C.F.R. part 922, subpart H; 62 F.R. 3788, Jan. 27, 1997; 80 F.R. 34047, June 15, 2015. Hawaiian Islands Humpback Whale National Marine Sanctuary.—15 C.F.R. part 922, subpart Q; Pub. L. 102–587, title II, subtitle C, §§ 2301–2308, Nov. 4, 1992, 106 Stat. 5055–5059; Pub. L. 104–283, § 7, Oct. 11, 1996, 110 Stat. 3365. Mallows Bay-Potomac River National Marine Sanc- tuary.—84 F.R. 32586, July 8, 2019; 15 C.F.R. part 922, subpart S. MONITOR National Marine Sanctuary.—40 F.R. 5349, Feb. 5, 1975; 40 F.R. 21706, May 19, 1975; 15 C.F.R. part 922, subpart F. Monterey Bay National Marine Sanctuary.—57 F.R. 43310, Sept. 18, 1992; 15 C.F.R. part 922, subpart M; Pub. L. 100–627, title II, § 205(a)(3), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–368, title I, § 102, Sept. 23, 1992, 106 Stat. 1119; Pub. L. 102–587, title II, § 2203, Nov. 4, 1992, 106 Stat. 5048. National Marine Sanctuary of American Samoa (former Fagatele Bay National Marine Sanctuary).— 51 F.R. 15878, Apr. 29, 1986; 15 C.F.R. part 922, subpart J; 77 F.R. 43942, July 26, 2012, effective Oct. 15, 2012 (see 77 F.R. 65815). Olympic Coast National Marine Sanctuary.—59 F.R. 24586, May 11, 1994; 15 C.F.R. 922, subpart O; Pub. L. 100–627, title II, § 205(a)(4), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, § 2207, Nov. 4, 1992, 106 Stat. 5053. Thunder Bay National Marine Sanctuary and Under- water Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R. Wisconsin Shipwreck Coast National Marine Sanc- tuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T. NORTHWEST STRAITS Pub. L. 104–283, § 10, Oct. 11, 1996, 110 Stat. 3368, pro- vided that: ‘‘No designation of an area in the Northwest Straits in the State of Washington as a national ma- rine sanctuary under the National Marine Sanctuaries Act [16 U.S.C. 1431 et seq.] shall take effect unless that designation is specifically authorized by a law enacted after the date of enactment of this Act [Oct. 11, 1996].’’ § 1434. Procedures for designation and imple- mentation (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 Page 1853 TITLE 16—CONSERVATION § 1434 may be necessary and reasonable to imple- ment the proposal, and a summary of the draft management plan; (B) provide notice of the proposal in news- papers of general circulation or electronic media in the communities that may be af- fected by the proposal; and (C) no later than the day on which the no- tice required under subparagraph (A) is sub- mitted 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 exec- utive summary, to the Committee on Re- sources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Gov- ernor of each State in which any part of the proposed sanctuary would be located. (2) Sanctuary designation documents The Secretary shall prepare and make avail- able to the public sanctuary designation docu- ments on the proposal that include the fol- lowing: (A) A draft environmental impact state- ment pursuant to the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) A resource assessment that docu- ments— (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, govern- mental, or recreational resource uses in the areas that are subject to the primary jurisdiction of the Department of the Inte- rior; and (iii) information prepared in consulta- tion with the Secretary of Defense, the Secretary of Energy, and the Adminis- trator of the Environmental Protection Agency, on any past, present, or proposed future disposal or discharge of materials in the vicinity of the proposed sanctuary. Public disclosure by the Secretary of such information shall be consistent with na- tional security regulations. (C) A draft management plan for the pro- posed national marine sanctuary that in- cludes the following: (i) The terms of the proposed designa- tion. (ii) Proposed mechanisms to coordinate existing regulatory and management au- thorities within the area. (iii) The proposed goals and objectives, management responsibilities, resource studies, and appropriate strategies for managing sanctuary resources of the pro- posed sanctuary, including interpretation and education, innovative management strategies, research, monitoring and as- sessment, resource protection, restoration, enforcement, and surveillance activities. (iv) An evaluation of the advantages of cooperative State and Federal manage- ment if all or part of the proposed sanc- tuary is within the territorial limits of any State or is superjacent to the subsoil and seabed within the seaward boundary of a State, as that boundary is established under the Submerged Lands Act (43 U.S.C. 1301 et seq.). (v) An estimate of the annual cost to the Federal Government of the proposed des- ignation, including costs of personnel, equipment and facilities, enforcement, re- search, and public education. (vi) The proposed regulations referred to in paragraph (1)(A). (D) Maps depicting the boundaries of the proposed sanctuary. (E) The basis for the determinations made under section 1433(a) of this title with re- spect to the area. (F) An assessment of the considerations under section 1433(b)(1) of this title. (3) Public hearing No sooner than thirty days after issuing a notice under this subsection, the Secretary shall hold at least one public hearing in the coastal area or areas that will be most af- fected by the proposed designation of the area as a national marine sanctuary for the purpose of receiving the views of interested parties. (4) Terms of designation The terms of designation of a sanctuary shall include the geographic area proposed to be included within the sanctuary, the charac- teristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value, and the types of activities that will be subject to regulation by the Secretary to protect those characteris- tics. The terms of designation may be modi- fied only by the same procedures by which the original designation is made. (5) Fishing regulations The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare draft regulations for fishing within the Exclusive Economic Zone as the Council may deem necessary to implement the proposed designation. Draft regulations prepared by the Council, or a Council determination that regulations are not necessary pursuant to this paragraph, shall be accepted and issued as proposed regu- lations by the Secretary unless the Secretary finds that the Council’s action fails to fulfill the purposes and policies of this chapter and the goals and objectives of the proposed des- ignation. In preparing the draft regulations, a Regional Fishery Management Council shall use as guidance the national standards of sec- tion 301(a) of the Magnuson-Stevens Act (16 U.S.C. 1851) to the extent that the standards are consistent and compatible with the goals and objectives of the proposed designation. The Secretary shall prepare the fishing regula- tions, if the Council declines to make a deter- mination with respect to the need for regula- tions, makes a determination which is re- jected by the Secretary, or fails to prepare the draft regulations in a timely manner. Any Page 1854 TITLE 16—CONSERVATION § 1434 amendments to the fishing regulations shall be drafted, approved, and issued in the same manner as the original regulations. The Sec- retary shall also cooperate with other appro- priate fishery management authorities with rights or responsibilities within a proposed sanctuary at the earliest practicable stage in drafting any sanctuary fishing regulations. (6) Committee action After receiving the documents under sub- section (a)(1)(C), the Committee on Resources of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate may each hold hearings on the proposed designation and on the mat- ters set forth in the documents. If within the forty-five day period of continuous session of Congress beginning on the date of submission of the documents, either Committee issues a report concerning matters addressed in the documents, the Secretary shall consider this report before publishing a notice to designate the national marine sanctuary. (b) Taking effect of designations (1) Notice In designating a national marine sanctuary, the Secretary shall publish in the Federal Register notice of the designation together with final regulations to implement the des- ignation and any other matters required by law, and submit such notice to the Congress. The Secretary shall advise the public of the availability of the final management plan and the final environmental impact statement with respect to such sanctuary. The Secretary shall issue a notice of designation with respect to a proposed national marine sanctuary site not later than 30 months after the date a no- tice declaring the site to be an active can- didate for sanctuary designation is published in the Federal Register under regulations issued under this Act, or shall publish not later than such date in the Federal Register findings regarding why such notice has not been published. No notice of designation may occur until the expiration of the period for Committee action under subsection (a)(6). The designation (and any of its terms not dis- approved under this subsection) and regula- tions shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress beginning on the day on which such notice is published un- less, in the case of a national marine sanc- tuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is un- acceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the sea- ward boundary of the State. (2) Withdrawal of designation If the Secretary considers that actions taken under paragraph (1) will affect the des- ignation of a national marine sanctuary in a manner that the goals and objectives of the sanctuary or System cannot be fulfilled, the Secretary may withdraw the entire designa- tion. If the Secretary does not withdraw the designation, only those terms of the designa- tion not certified under paragraph (1) shall take effect. (3) Procedures In computing the forty-five-day periods of continuous session of Congress pursuant to subsection (a)(6) and paragraph (1) of this sub- section— (A) continuity of session is broken only by an adjournment of Congress sine die; and (B) the days on which either House of Con- gress is not in session because of an adjourn- ment of more than three days to a day cer- tain are excluded. (c) Access and valid rights (1) Nothing in this chapter shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, li- cense, or right of subsistence use or of access that is in existence on the date of designation of any national marine sanctuary. (2) The exercise of a lease, permit, license, or right is subject to regulation by the Secretary consistent with the purposes for which the sanc- tuary is designated. (d) Interagency cooperation (1) Review of agency actions (A) In general Federal agency actions internal or exter- nal to a national marine sanctuary, includ- ing private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary re- source are subject to consultation with the Secretary. (B) Agency statements required Subject to any regulations the Secretary may establish each Federal agency pro- posing an action described in subparagraph (A) shall provide the Secretary with a writ- ten statement describing the action and its potential effects on sanctuary resources at the earliest practicable time, but in no case later than 45 days before the final approval of the action unless such Federal agency and the Secretary agree to a different schedule. (2) Secretary’s recommended alternatives If the Secretary finds that a Federal agency action is likely to destroy, cause the loss of, or injure a sanctuary resource, the Secretary shall (within 45 days of receipt of complete in- formation on the proposed agency action) rec- ommend reasonable and prudent alternatives, which may include conduct of the action else- where, which can be taken by the Federal agency in implementing the agency action that will protect sanctuary resources. (3) Response to recommendations The agency head who receives the Sec- retary’s recommended alternatives under paragraph (2) shall promptly consult with the Secretary on the alternatives. If the agency head decides not to follow the alternatives, the agency head shall provide the Secretary with a written statement explaining the rea- sons for that decision. Page 1855 TITLE 16—CONSERVATION § 1434 (4) Failure to follow alternative If the head of a Federal agency takes an ac- tion other than an alternative recommended by the Secretary and such action results in the destruction of, loss of, or injury to a sanc- tuary resource, the head of the agency shall promptly prevent and mitigate further dam- age and restore or replace the sanctuary re- source in a manner approved by the Secretary. (e) Review of management plans Not more than five years after the date of des- ignation of any national marine sanctuary, and thereafter at intervals not exceeding five years, the Secretary shall evaluate the substantive progress toward implementing the management plan and goals for the sanctuary, especially the effectiveness of site-specific management tech- niques and strategies, and shall revise the man- agement plan and regulations as necessary to fulfill the purposes and policies of this chapter. This review shall include a prioritization of management objectives. (f) Limitation on designation of new sanctuaries (1) Finding required The Secretary may not publish in the Fed- eral Register any sanctuary designation no- tice or regulations proposing to designate a new sanctuary, unless the Secretary has pub- lished a finding that— (A) the addition of a new sanctuary will not have a negative impact on the System; and (B) sufficient resources were available in the fiscal year in which the finding is made to— (i) effectively implement sanctuary man- agement plans for each sanctuary in the System; and (ii) complete site characterization stud- ies and inventory known sanctuary re- sources, including cultural resources, for each sanctuary in the System within 10 years after the date that the finding is made if the resources available for those activities are maintained at the same level for each fiscal year in that 10 year period. (2) Deadline If the Secretary does not submit the findings required by paragraph (1) before February 1, 2004, the Secretary shall submit to the Con- gress before October 1, 2004, a finding with re- spect to whether the requirements of subpara- graphs (A) and (B) of paragraph (1) have been met by all existing sanctuaries. (3) Limitation on application Paragraph (1) does not apply to any sanc- tuary designation documents for— (A) a Thunder Bay National Marine Sanc- tuary; or (B) a Northwestern Hawaiian Islands Na- tional Marine Sanctuary. (Pub. L. 92–532, title III, § 304, Oct. 23, 1972, 86 Stat. 1063; Pub. L. 94–62, § 4, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 4, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 3, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–332, § 3, Aug. 29, 1980, 94 Stat. 1059; Pub. L. 97–109, Dec. 26, 1981, 95 Stat. 1512; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2298; Pub. L. 100–627, title II, § 202, Nov. 7, 1988, 102 Stat. 3214; Pub. L. 102–587, title II, § 2104, Nov. 4, 1992, 106 Stat. 5041; Pub. L. 104–283, § 9(h), Oct. 11, 1996, 110 Stat. 3368; Pub. L. 106–513, §§ 6(a)–(f), 19(a)(2), (b)(4), Nov. 13, 2000, 114 Stat. 2383–2385, 2392, 2393; Pub. L. 106–555, title II, § 205(b), Dec. 21, 2000, 114 Stat. 2769; Pub. L. 106–562, title III, § 307(a), Dec. 23, 2000, 114 Stat. 2807.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(2)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Submerged Lands Act, referred to in subsec. (a)(2)(C)(iv), is act May 22, 1953, ch. 65, 67 Stat. 29, which is classified generally to subchapters I and II (§§ 1301 et seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43, and Tables. This Act, referred to in subsec. (b)(1), means Pub. L. 92–532, which enacted this chapter, chapter 32A (§ 1447 et seq.) of this title, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Wa- ters. AMENDMENTS 2000—Subsec. (a)(1)(C). Pub. L. 106–555, § 205(b)(1), struck out ‘‘the Secretary shall’’ before ‘‘submit a copy’’. Pub. L. 106–513, § 6(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) required the Secretary to submit certain documents to committees of the House and Senate. Subsec. (a)(2). Pub. L. 106–513, § 6(b), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall— ‘‘(A) prepare a draft environmental impact state- ment, as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), on the pro- posal that includes the resource assessment report re- quired under section 1433(b)(3) of this title, maps de- picting the boundaries of the proposed designated area, and the existing and potential uses and re- sources of the area; and ‘‘(B) make copies of the draft environmental impact statement available to the public.’’ Subsec. (a)(2)(E). Pub. L. 106–555, § 205(b)(2), sub- stituted ‘‘determinations’’ for ‘‘findings’’. Subsec. (a)(5). Pub. L. 106–513, § 19(b)(4), substituted ‘‘Magnuson-Stevens Act’’ for ‘‘Magnuson Act’’. Subsec. (a)(6). Pub. L. 106–513, § 19(a)(2), substituted ‘‘Resources’’ for ‘‘Merchant Marine and Fisheries’’. Subsec. (b)(2). Pub. L. 106–513, § 6(c), inserted ‘‘or Sys- tem’’ after ‘‘of the sanctuary’’. Subsec. (d)(4). Pub. L. 106–513, § 6(d), added par. (4). Subsec. (e). Pub. L. 106–513, § 6(e), substituted ‘‘man- agement techniques and strategies,’’ for ‘‘management techniques,’’ and inserted at end ‘‘This review shall in- clude a prioritization of management objectives.’’ Subsec. (f). Pub. L. 106–513, § 6(f), added subsec. (f). Subsec. (f)(2). Pub. L. 106–562 substituted ‘‘subpara- graphs (A) and (B) of paragraph (1)’’ for ‘‘paragraph (2)’’. 1996—Subsec. (b)(3). Pub. L. 104–283 struck out ‘‘(A)’’ before ‘‘In computing the forty-five-day’’, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, ad- justed margins, and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) When the committee to which a joint resolution has been referred has reported such a resolution, it 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, § 2104(b)(1), substituted at end ‘‘, in the case of a national marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.’’ for the dash after ‘‘unless’’ and subpars. (A) and (B) which read as follows: ‘‘(A) the designation or any of its terms is dis- approved by enactment of a joint resolution of dis- approval described in paragraph (3); or ‘‘(B) in the case of a natural marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.’’ Subsec. (b)(2). Pub. L. 102–587, § 2104(b)(2), substituted ‘‘actions taken under paragraph (1)’’ for ‘‘actions taken under paragraph (1)(A) or (B)’’ and ‘‘terms of the des- ignation not certified under paragraph (1)’’ for ‘‘terms of the designation not disapproved under paragraph (1)(A) or not certified under paragraph (1)(B)’’. Subsec. (b)(3), (4). Pub. L. 102–587, § 2104(b)(3), redesig- nated par. (4) as (3) and struck out former par. (3) which defined a Congressional resolution of disapproval for purposes of this subsection. Subsec. (c)(1). Pub. L. 102–587, § 2104(c), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘Nothing in this chapter shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access if the lease, permit, license, or right— ‘‘(A) was in existence on October 19, 1984, with re- spect to any national marine sanctuary designated before that date; or ‘‘(B) is in existence on the date of designation of any national marine sanctuary, with respect to any national marine sanctuary designated after October 19, 1984.’’ Subsecs. (d), (e). Pub. L. 102–587, § 2104(d), added sub- secs. (d) and (e). 1988—Subsec. (b)(1). Pub. L. 100–627 inserted require- ment that notice be published in the Federal Register of proposed marine sanctuary site designation within 30 months after notice of active candidacy of site for sanctuary designation or that within such period find- ings be published why notice has not been published. 1984—Pub. L. 98–498 amended section generally, sub- stituting provisions relating to procedures for designa- tion and implementation of a marine sanctuary for pro- visions relating to authorization of appropriations. See section 1438 of this title. 1981—Pub. L. 97–109 inserted provisions authorizing appropriations of not to exceed $2,235,000 for fiscal year 1982, and not to exceed $2,235,000 for fiscal year 1983. 1980—Pub. L. 96–332 inserted provisions authorizing appropriations of not to exceed $2,250,000 for fiscal year 1981. 1977—Pub. L. 95–153 inserted provision authorizing ap- propriations not to exceed $500,000 for fiscal year 1978. 1976—Pub. L. 94–326 inserted provision authorizing to be appropriated not to exceed $500,000 for fiscal year 1977. 1975—Pub. L. 94–62 substituted provisions authorizing to be appropriated not to exceed $10,000,000 for each of fiscal years 1973, 1974, and 1975, for provisions author- izing to be appropriated for fiscal year in which this Act was enacted and for next two fiscal years there- after not to exceed $10,000,000 for each such fiscal year, and inserted provisions authorizing to be appropriated not to exceed $6,200,000 for fiscal year 1976, and not to exceed $1,550,000 for the transition period (July 1, through Sept. 30, 1976). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2000 AMENDMENTS Pub. L. 106–562, title III, § 307(c), Dec. 23, 2000, 114 Stat. 2807, provided that: ‘‘Subsection (a) [amending this section] shall take effect January 1, 2001.’’ Amendment by Pub. L. 106–555 effective immediately after the National Marine Sanctuaries Amendments Act of 2000, Pub. L. 106–513, takes effect, see section 205(c) of Pub. L. 106–555, set out as a note under section 1433 of this title. § 1435. Application of regulations; international negotiations and cooperation (a) Regulations This chapter and the regulations issued under section 1434 of this title shall be applied in ac- cordance with generally recognized principles of international law, and in accordance with trea- ties, conventions, and other agreements to which the United States is a party. No regula- tion shall apply to or be enforced against a per- son who is not a citizen, national, or resident alien of the United States, unless in accordance with— (1) generally recognized principles of inter- national 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