16 U.S.C. § 1445 — U.S.S. Monitor artifacts and materials

Page 1864 TITLE 16—CONSERVATION § 1444 1992—Subsec. (a)(1). Pub. L. 102–587, § 2110(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘IN GENERAL.—Subject to paragraph (3), any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for re- sponse costs and damages resulting from such destruc- tion, loss, or injury.’’ Subsec. (a)(2). Pub. L. 102–587, § 2110(b), inserted at end ‘‘The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.’’ Subsec. (a)(4). Pub. L. 102–587, § 2110(c), added par. (4). Subsec. (b)(1). Pub. L. 102–587, § 2110(d), as amended by Pub. L. 104–283, inserted ‘‘or authorize’’ after ‘‘under- take’’. Subsec. (d). Pub. L. 102–587, § 2107(d)(1), struck out ‘‘and civil penalties under section 1437 of this title’’ after ‘‘Secretary under this section’’. Subsec. (d)(3), (4). Pub. L. 102–587, §§ 2107(d)(2), 2110(e), redesignated par. (4) as (3), inserted ‘‘the court decree or settlement agreement and’’ after ‘‘in accordance with’’, and struck out former par. (3) which read as fol- lows: ‘‘Amounts recovered under section 1437 of this title in the form of civil penalties shall be used by the Secretary in accordance with section 1437(e) of this title and paragraphs (2)(B) and (C) of this subsection.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–627, title II, § 204(c), Nov. 7, 1988, 102 Stat. 3217, provided that: ‘‘Amounts in the form of damages received by the United States after November 30, 1986, for destruction or loss of, or injury to, a sanctuary re- source (as that term is defined in section 302(8) of the Act [16 U.S.C. 1432(8)] (as amended by this Act)) shall be subject to section 312 of the Act [16 U.S.C. 1443] (as amended by this Act).’’ § 1444. Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) to carry out this chapter— (A) $32,000,000 for fiscal year 2001; (B) $34,000,000 for fiscal year 2002; (C) $36,000,000 for fiscal year 2003; (D) $38,000,000 for fiscal year 2004; (E) $40,000,000 for fiscal year 2005; and (2) for construction projects at national ma- rine sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005. (Pub. L. 92–532, title III, § 313, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L. 101–605, § 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L. 102–587, title II, § 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L. 104–283, § 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106–513, § 14, Nov. 13, 2000, 114 Stat. 2390.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–513 amended section generally, sub- stituting provisions authorizing appropriations to carry out this chapter for fiscal years 2001 to 2005 for provisions authorizing such appropriations for fiscal years 1997 to 1999. 1996—Pub. L. 104–283 amended section generally, sub- stituting provisions authorizing appropriations to carry out this chapter for fiscal years 1997 to 1999 for provisions authorizing such appropriations for fiscal years 1993 to 1996. 1992—Pub. L. 102–587 amended section generally, sub- stituting provisions relating to authorization of appro- priations for fiscal years 1993 to 1996 to carry out this chapter for provisions relating to authorization of ap- propriations for fiscal years 1989 to 1992 to carry out general administration, management of national ma- rine sanctuaries and site review and analysis of na- tional marine sanctuaries of this chapter. 1990—Par. (2)(C). Pub. L. 101–605 substituted ‘‘$4,000,000’’ for ‘‘$3,000,000’’. § 1445. U.S.S. Monitor artifacts and materials (a) Congressional policy In recognition of the historical significance of the wreck of the United States ship Monitor to coastal North Carolina and to the area off the coast of North Carolina known as the Graveyard of the Atlantic, the Congress directs that a suit- able display of artifacts and materials from the United States ship Monitor be maintained per- manently at an appropriate site in coastal North Carolina. (b) Disclaimer This section shall not affect the following: (1) Responsibilities of Secretary The responsibilities of the Secretary to pro- vide for the protection, conservation, and dis- play of artifacts and materials from the United States ship Monitor. (2) Authority of Secretary The authority of the Secretary to designate the Mariner’s Museum, located at Newport News, Virginia, as the principal museum for coordination of activities referred to in para- graph (1). (Pub. L. 92–532, title III, § 314, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3222; amended Pub. L. 106–513, § 15, Nov. 13, 2000, 114 Stat. 2391.) Editorial Notes AMENDMENTS 2000—Subsecs. (b), (c). Pub. L. 106–513 redesignated subsec. (c) as (b) and struck out former subsec. (b) which required the Secretary to submit a plan for a suitable display in coastal North Carolina of artifacts and materials of the United States ship Monitor. Statutory Notes and Related Subsidiaries MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR Pub. L. 104–283, § 4, Oct. 11, 1996, 110 Stat. 3363, pro- vided that: ‘‘The Secretary of Commerce shall, within 12 months after the date of the enactment of this Act [Oct. 11, 1996], prepare and submit to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S.S. MONITOR. In preparing and implementing the plan, the Secretary shall to the ex- tent feasible utilize the resources of other Federal and private entities with expertise and capabilities that are helpful.’’ GRAVEYARD OF THE ATLANTIC ARTIFACTS Pub. L. 102–587, title II, § 2201, Nov. 4, 1992, 106 Stat. 5047, provided that: ‘‘(a) ACQUISITION OF SPACE.—Pursuant to section 314 of the Marine Protection, Research, and Sanctuaries 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);