16 U.S.C. § 1431 — Findings, purposes, and policies; estab-

Page 1845 TITLE 16—CONSERVATION § 1431 CHAPTER 32—MARINE SANCTUARIES Sec. 1431. Findings, purposes, and policies; establish- ment of system. 1432. Definitions. 1433. Sanctuary designation standards. 1434. Procedures for designation and implementa- tion. 1435. Application of regulations; international ne- gotiations and cooperation. 1436. Prohibited activities. 1437. Enforcement. 1438. Repealed. 1439. Regulations. 1440. Research, monitoring, and education. 1441. Special use permits. 1442. Cooperative agreements, donations, and ac- quisitions. 1443. Destruction or loss of, or injury to, sanctuary resources. 1444. Authorization of appropriations. 1445. U.S.S. Monitor artifacts and materials. 1445a. Advisory Councils. 1445b. Enhancing support for national marine sanc- tuaries. 1445c. Dr. Nancy Foster Scholarship Program. 1445c–1. Dr. Nancy Foster Scholarship Program. § 1431. Findings, purposes, and policies; estab- lishment of system (a) Findings The Congress finds that— (1) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark; (2) certain areas of the marine environment possess conservation, recreational, ecological, historical, scientific, educational, cultural, ar- cheological, or esthetic qualities which give them special national, and in some cases international, significance; (3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws can- not in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the ma- rine environment; and (4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will— (A) improve the conservation, under- standing, management, and wise and sus- tainable use of marine resources; (B) enhance public awareness, under- standing, and appreciation of the marine en- vironment; and (C) maintain for future generations the habitat, and ecological services, of the nat- ural assemblage of living resources that in- habit these areas. (b) Purposes and policies The purposes and policies of this chapter are— (1) to identify and designate as national ma- rine sanctuaries areas of the marine environ- ment which are of special national signifi- cance and to manage these areas as the Na- tional Marine Sanctuary System; (2) to provide authority for comprehensive and coordinated conservation and manage- ment of these marine areas, and activities af- fecting them, in a manner which complements existing regulatory authorities; (3) to maintain the natural biological com- munities in the national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and ecological processes; (4) to enhance public awareness, under- standing, appreciation, and wise and sustain- able use of the marine environment, and the natural, historical, cultural, and archeological resources of the National Marine Sanctuary System; (5) to support, promote, and coordinate sci- entific research on, and long-term monitoring of, the resources of these marine areas; (6) to facilitate to the extent compatible with the primary objective of resource protec- tion, all public and private uses of the re- sources of these marine areas not prohibited pursuant to other authorities; (7) to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organi- zations, and other public and private interests concerned with the continuing health and re- silience of these marine areas; (8) to create models of, and incentives for, ways to conserve and manage these areas, in- cluding the application of innovative manage- ment techniques; and (9) to cooperate with global programs en- couraging conservation of marine resources. (c) Establishment of system There is established the National Marine Sanctuary System, which shall consist of na- tional marine sanctuaries designated by the Secretary in accordance with this chapter. (Pub. L. 92–532, title III, § 301, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L. 102–587, title II, § 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L. 104–283, § 9(a), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 3, Nov. 13, 2000, 114 Stat. 2381.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–513, § 3(a), inserted ‘‘; establishment of system’’ at end of section catchline. Subsec. (a)(2). Pub. L. 106–513, § 3(b)(1), substituted ‘‘scientific, educational, cultural, archeological, or es- thetic’’ for ‘‘research, educational, or esthetic’’. Subsec. (a)(3). Pub. L. 106–513, § 3(b)(2), inserted ‘‘and’’ at end. Subsec. (a)(4) to (6). Pub. L. 106–513, § 3(b)(3), added par. (4) and struck out former pars. (4) to (6) which read as follows: ‘‘(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation, research, and manage- ment; Page 1846 TITLE 16—CONSERVATION § 1431 ‘‘(5) such a Federal program will also serve to en- hance public awareness, understanding, appreciation, and wise use of the marine environment; and ‘‘(6) protection of these special areas can contribute to maintaining a natural assemblage of living re- sources for future generations.’’ Subsec. (b)(1). Pub. L. 106–513, § 3(c)(1), substituted ‘‘significance and to manage these areas as the Na- tional Marine Sanctuary System;’’ for ‘‘significance;’’. Subsec. (b)(3). Pub. L. 106–513, § 3(c)(2), (4), added par. (3) and struck out former par. (3) which read as follows: ‘‘to support, promote, and coordinate scientific re- search on, and monitoring of, the resources of these marine areas, especially long-term monitoring and re- search of these areas;’’. Subsec. (b)(4). Pub. L. 106–513, § 3(c)(2), (4), added par. (4) and struck out former par. (4) which read as follows: ‘‘to enhance public awareness, understanding, apprecia- tion, and wise use of the marine environment;’’. Subsec. (b)(5) to (7). Pub. L. 106–513, § 3(c)(3), (4), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (b)(8). Pub. L. 106–513, § 3(c)(3), (5), redesig- nated par. (7) as (8) and substituted ‘‘areas, including the application of innovative management techniques; and’’ for ‘‘areas;’’. Former par. (8) redesignated (9). Subsec. (b)(9). Pub. L. 106–513, § 3(c)(2), (3), (6), redesig- nated par. (8) as (9), substituted a period for ‘‘; and’’, and struck out former par. (9) which read as follows: ‘‘to maintain, restore, and enhance living resources by providing places for species that depend upon these ma- rine areas to survive and propagate.’’ Subsec. (c). Pub. L. 106–513, § 3(d), added subsec. (c). 1996—Subsec. (b)(2). Pub. L. 104–283 substituted a semicolon for a period at end. 1992—Subsec. (a)(2). Pub. L. 102–587, § 2101(a)(1), in- serted ‘‘, and in some cases international,’’ after ‘‘na- tional’’. Subsec. (a)(4). Pub. L. 102–587, § 2101(a)(2), inserted ‘‘, research,’’ after ‘‘conservation’’ and struck out ‘‘and’’ at end. Subsec. (a)(6). Pub. L. 102–587, § 2101(a)(3), (4), added par. (6). Subsec. (b). Pub. L. 102–587, § 2101(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The purposes and policies of this chapter are— ‘‘(1) to identify areas of the marine environment of special national significance due to their resource or human-use values; ‘‘(2) to provide authority for comprehensive and co- ordinated conservation and management of these ma- rine areas that will complement existing regulatory authorities; ‘‘(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas; ‘‘(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environ- ment; and ‘‘(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities.’’ 1984—Pub. L. 98–498 amended section generally, sub- stituting provisions relating to Congressional declara- tion of findings, purposes and policies for provisions de- fining ‘‘Secretary’’ and ‘‘State’’. See section 1432 of this title. 1980—Pub. L. 96–332 inserted provisions defining ‘‘State’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–513, § 1, Nov. 13, 2000, 114 Stat. 2381, pro- vided that: ‘‘This Act [enacting section 1445c of this title and amending this section and sections 1432 to 1434, 1436, 1437, and 1439 to 1445b of this title] may be cited as the ‘National Marine Sanctuaries Amendments Act of 2000’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–283, § 1, Oct. 11, 1996, 110 Stat. 3363, pro- vided that: ‘‘This Act [amending this section and sec- tions 1432, 1434, 1437, 1442, 1443, 1444, 1445a, and 1445b of this title, renumbering provisions set out as a note under section 1442 of this title as section 1445b of this title, enacting provisions set out as notes under this section and sections 1433 and 1445 of this title, and amending provisions set out as a note under section 1433 of this title] may be cited as the ‘National Marine Sanctuaries Preservation Act’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–587, § 1, Nov. 4, 1992, 106 Stat. 5039, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Oceans Act of 1992’.’’ Pub. L. 102–587, title II, § 2001, Nov. 4, 1992, 106 Stat. 5039, provided that: ‘‘This title [enacting section 1445a of this title, amending this section and sections 1432 to 1437, 1440, 1442 to 1444, 1452 to 1456b, and 1458 to 1462 of this title, enacting provisions set out as notes under this section and sections 1433, 1442, and 1445 of this title, and amending provisions set out as a note under section 1433 of this title] may be cited as the ‘National Marine Sanctuaries Program Amendments Act of 1992’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–498, title I, § 101, Oct. 19, 1984, 98 Stat. 2296, provided that: ‘‘This title [enacting sections 1435 to 1439 of this title and amending this section and sections 1432 to 1434 of this title] may be cited as the ‘Marine Sanc- tuaries Amendments of 1984’.’’ SHORT TITLE Pub. L. 92–532, title III, § 317, formerly § 316, as added by Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5047; renumbered § 317 of title III, Pub. L. 104–283, §§ 6(a), 9(f), Oct. 11, 1996, 110 Stat. 3364, 3368; amended Pub. L. 106–562, title III, § 307(b), Dec. 23, 2000, 114 Stat. 2807, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘National Marine Sanctuaries Act’.’’ SAFE VESSEL OPERATION IN THE GREAT LAKES Pub. L. 113–281, title VI, § 610, Dec. 18, 2014, 128 Stat. 3064, as amended by Pub. L. 114–120, title VI, § 602(1), Feb. 8, 2016, 130 Stat. 79, provided that: ‘‘The Secretary of the department in which the Coast Guard is oper- ating and the Administrator of the Environmental Pro- tection Agency may not prohibit a vessel operating within the boundaries of any national marine sanc- tuary that preserves shipwrecks or maritime heritage in the Great Lakes from taking up or discharging bal- last water to allow for safe and efficient vessel oper- ation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary.’’ CONGRESSIONAL FINDINGS, POLICY, AND DECLARATION OF PURPOSE For statement of Congressional findings, policy, and declaration of purpose of Pub. L. 92–532 which enacted this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1401 of Title 33. Executive Documents ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare. Page 1847 TITLE 16—CONSERVATION § 1431 FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare. PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, set out as a note under section 4331 of Title 42, The Public Health and Welfare, which related to the prevention, control, and abatement of environmental pollution at Federal facilities, was revoked by Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under sec- tion 4321 of Title 42. EX. ORD. NO. 13158. MARINE PROTECTED AREAS Ex. Ord. No. 13158, May 26, 2000, 65 F.R. 34909, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Na- tional Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee) [16 U.S.C. 668dd–668ee], National Park Service Organic Act ([former] 16 U.S.C. 1 et seq.) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], National Historic Pres- ervation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], Wilderness Act (16 U.S.C. 1131 et seq.), Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), Coastal Zone Management Act [of 1972] (16 U.S.C. 1451 et seq.), Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act [of 1972] (16 U.S.C. 1362 [1361] et seq.), Clean Water Act of 1977 (33 U.S.C. 1251 et seq.), Na- tional Environmental Policy Act [of 1969], as amended (42 U.S.C. 4321 et seq.), Outer Continental Shelf Lands Act (42 [43] U.S.C. 1331 et seq.), and other pertinent stat- utes, it is ordered as follows: SECTION 1. Purpose. This Executive Order will help protect the significant natural and cultural resources within the marine environment for the benefit of present and future generations by strengthening and expanding the Nation’s system of marine protected areas (MPAs). An expanded and strengthened com- prehensive system of marine protected areas through- out the marine environment would enhance the con- servation of our Nation’s natural and cultural marine heritage and the ecologically and economically sus- tainable use of the marine environment for future gen- erations. To this end, the purpose of this order is to, consistent with domestic and international law: (a) strengthen the management, protection, and conserva- tion of existing marine protected areas and establish new or expanded MPAs; (b) develop a scientifically based, comprehensive national system of MPAs rep- resenting diverse U.S. marine ecosystems, and the Na- tion’s natural and cultural resources; and (c) avoid causing harm to MPAs through federally conducted, approved, or funded activities. SEC. 2. Definitions. For the purposes of this order: (a) ‘‘Marine protected area’’ means any area of the marine environment that has been reserved by Federal, State, territorial, tribal, or local laws or regulations to pro- vide lasting protection for part or all of the natural and cultural resources therein. (b) ‘‘Marine environment’’ means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands thereunder, over which the United States exercises jurisdiction, consistent with international law. (c) The term ‘‘United States’’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 3. MPA Establishment, Protection, and Manage- ment. Each Federal agency whose authorities provide for the establishment or management of MPAs shall take appropriate actions to enhance or expand protec- tion of existing MPAs and establish or recommend, as appropriate, new MPAs. Agencies implementing this section shall consult with the agencies identified in subsection 4(a) of this order, consistent with existing requirements. SEC. 4. National System of MPAs. (a) To the extent per- mitted by law and subject to the availability of appro- priations, the Department of Commerce and the De- partment of the Interior, in consultation with the De- partment of Defense, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, the National Science Foundation, and other pertinent Federal agencies shall develop a national system of MPAs. They shall coordinate and share information, tools, and strategies, and provide guidance to enable and encourage the use of the fol- lowing in the exercise of each agency’s respective au- thorities to further enhance and expand protection of existing MPAs and to establish or recommend new MPAs, as appropriate: (1) science-based identification and prioritization of natural and cultural resources for additional protec- tion; (2) integrated assessments of ecological linkages among MPAs, including ecological reserves in which consumptive uses of resources are prohibited, to pro- vide synergistic benefits; (3) a biological assessment of the minimum area where consumptive uses would be prohibited that is necessary to preserve representative habitats in dif- ferent geographic areas of the marine environment; (4) an assessment of threats and gaps in levels of pro- tection currently afforded to natural and cultural re- sources, as appropriate; (5) practical, science-based criteria and protocols for monitoring and evaluating the effectiveness of MPAs; (6) identification of emerging threats and user con- flicts affecting MPAs and appropriate, practical, and equitable management solutions, including effective enforcement strategies, to eliminate or reduce such threats and conflicts; (7) assessment of the economic effects of the pre- ferred management solutions; and (8) identification of opportunities to improve link- ages with, and technical assistance to, international marine protected area programs. (b) In carrying out the requirements of section 4 of this order, the Department of Commerce and the De- partment of the Interior shall consult with those States that contain portions of the marine environ- ment, the Commonwealth of Puerto Rico, the Virgin Is- lands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Is- lands, tribes, Regional Fishery Management Councils, and other entities, as appropriate, to promote coordina- tion of Federal, State, territorial, and tribal actions to establish and manage MPAs. (c) In carrying out the requirements of this section, the Department of Commerce and the Department of the Interior shall seek the expert advice and rec- ommendations of non-Federal scientists, resource man- agers, and other interested persons and organizations through a Marine Protected Area Federal Advisory Committee. The Committee shall be established by the Department of Commerce. (d) The Secretary of Commerce and the Secretary of the Interior shall establish and jointly manage a website for information on MPAs and Federal agency reports required by this order. They shall also publish and maintain a list of MPAs that meet the definition of MPA for the purposes of this order. (e) The Department of Commerce’s National Oceanic and Atmospheric Administration shall establish a Ma- rine Protected Area Center to carry out, in cooperation with the Department of the Interior, the requirements Page 1848 TITLE 16—CONSERVATION § 1431 of subsection 4(a) of this order, coordinate the website established pursuant to subsection 4(d) of this order, and partner with governmental and nongovernmental entities to conduct necessary research, analysis, and exploration. The goal of the MPA Center shall be, in co- operation with the Department of the Interior, to de- velop a framework for a national system of MPAs, and to provide Federal, State, territorial, tribal, and local governments with the information, technologies, and strategies to support the system. This national system framework and the work of the MPA Center is intended to support, not interfere with, agencies’ independent exercise of their own existing authorities. (f) To better protect beaches, coasts, and the marine environment from pollution, the Environmental Pro- tection Agency (EPA), relying upon existing Clean Water Act [33 U.S.C. 1251 et seq.] authorities, shall ex- peditiously propose new science-based regulations, as necessary, to ensure appropriate levels of protection for the marine environment. Such regulations may include the identification of areas that warrant additional pol- lution protections and the enhancement of marine water quality standards. The EPA shall consult with the Federal agencies identified in subsection 4(a) of this order, States, territories, tribes, and the public in the development of such new regulations. SEC. 5. Agency Responsibilities. Each Federal agency whose actions affect the natural or cultural resources that are protected by an MPA shall identify such ac- tions. To the extent permitted by law and to the max- imum extent practicable, each Federal agency, in tak- ing such actions, shall avoid harm to the natural and cultural resources that are protected by an MPA. In implementing this section, each Federal agency shall refer to the MPAs identified under subsection 4(d) of this order. SEC. 6. Accountability. Each Federal agency that is re- quired to take actions under this order shall prepare and make public annually a concise description of ac- tions taken by it in the previous year to implement the order, including a description of written comments by any person or organization stating that the agency has not complied with this order and a response to such comments by the agency. SEC. 7. International Law. Federal agencies taking ac- tions pursuant to this Executive Order must act in ac- cordance with international law and with Presidential Proclamation 5928 of December 27, 1988, on the Terri- torial Sea of the United States of America [43 U.S.C. 1331 note], Presidential Proclamation 5030 of March 10, 1983, on the Exclusive Economic Zone of the United States of America [16 U.S.C. 1453 note], and Presi- dential Proclamation 7219 of September 2, 1999, on the Contiguous Zone of the United States [43 U.S.C. 1331 note]. SEC. 8. General. (a) Nothing in this order shall be con- strued as altering existing authorities regarding the es- tablishment of Federal MPAs in areas of the marine en- vironment subject to the jurisdiction and control of States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and Indian tribes. (b) This order does not diminish, affect, or abrogate Indian treaty rights or United States trust responsibil- ities to Indian tribes. (c) This order does not create any right or benefit, substantive or procedural, enforceable in law or equity by a party against the United States, its agencies, its officers, or any person. WILLIAM J. CLINTON. EXTENSION OF TERM OF MARINE PROTECTED AREAS FEDERAL ADVISORY COMMITTEE Term of Marine Protected Areas Federal Advisory Committee extended until Sept. 30, 2019, by Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, formerly set out as a note under section 1013 of Title 5, Government Or- ganization and Employees. Previous extension of term of Marine Protected Areas Federal Advisory Committee was contained in the fol- lowing prior Executive Order: Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. CONSERVING THE NATURAL AND CULTURAL HERITAGE OF THE PACIFIC REMOTE ISLANDS Memorandum of President of the United States, Mar. 24, 2023, 88 F.R. 19201, provided: Memorandum for the Secretary of the Interior [and] the Secretary of Commerce In the middle of the Pacific Ocean lie Howland, Baker, Jarvis, and Wake Islands; Johnston and Pal- myra Atolls; and Kingman Reef, whose surrounding reefs, seamounts, and ocean are filled with some of the most diverse and remarkable marine life on the planet, including sharks, rays, marlin, tuna, giant clams, hawksbill turtles, ancient coral forests, and whales. Uninhabited today, for centuries wayfinders of Pacific Island Indigenous Peoples visited these islands while navigating through the expanse of the vast Pacific Ocean. For years, Native Hawaiian and Pacific Island Indige- nous communities, conservation advocates, and sci- entists have advocated for the protection of United States waters around these remote islands from indus- trial fishing, oil drilling, and mining. Through Procla- mation 8336 of January 6, 2009 (Establishment of the Pacific Remote Islands Marine National Monument) [54 U.S.C. 320301 note], the President partially fulfilled these requests by establishing the Pacific Remote Is- lands Marine National Monument, which permanently protected the islands, atolls, and emerged reef and 50 nautical miles of water around each. Through Procla- mation 9173 of September 25, 2014 (Pacific Remote Is- lands Marine National Monument Expansion) [54 U.S.C. 320301 note], the President took a further step to ex- pand the Monument to include 200 nautical miles—the full extent of the United States Exclusive Economic Zone—around Jarvis and Wake Islands and Johnston Atoll. In addition, some areas within the Monument are designated as National Wildlife Refuges. The areas around Howland and Baker Islands, Pal- myra Atoll, and Kingman Reef that remain unpro- tected include ecologically significant deep-water habi- tats and an associated array of seamounts with excep- tional value for their biodiversity; spawning and feed- ing grounds for skipjack, yellowfin, and bigeye tuna species; and multiple apex predators that play a vital role in maintaining ecological balance and resilience of the ecosystem. Research continues to reveal the impor- tance of these relatively unexplored habitats to the health, nutrient cycling, and carbon sequestration of the ocean. To further ensure the protection of this unique and fragile area, support more abundant fisheries in sur- rounding areas, conserve the capacity of a healthy ocean to capture and store greenhouse gases that would otherwise enter the atmosphere, and appropriately honor ancestral, historical, and cultural connections to this and other Pacific conservation areas, and by the authority vested in me as President by the Constitu- tion and the laws of the United States of America, I hereby direct the following: SECTION 1. Initiating National Marine Sanctuary Des- ignation. (a) Within 30 days of the date of this memo- randum [Mar. 24, 2023], the Secretary of Commerce should consider initiating designation of a National Marine Sanctuary pursuant to the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., to provide the most comprehensive and lasting protections to the sig- nificant natural and cultural resources of the sub- merged lands and waters surrounding the seven islands, atolls, and reefs of the Pacific Remote Islands Marine National Monument—both within and outside the Monument boundary, to the full extent of the seaward limit of the United States Exclusive Economic Zone— including marine life, shoals, seamounts, reefs, banks, and sediments high in minerals and sequestered carbon 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.