1995 US Code
Title 16 - CONSERVATION
CHAPTER 32 - MARINE SANCTUARIES
Sec. 1431 - Findings, purposes, and policies

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§1431. Findings, purposes, and policies (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, research, educational, 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 cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment;

(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation, research, and management;

(5) such a Federal program will also serve to enhance 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 resources for future generations.

(b) Purposes and policies

The purposes and policies of this chapter are—

(1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance;

(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities.1

(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas;

(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment;

(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;

(6) 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 organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas;

(7) to create models of, and incentives for, ways to conserve and manage these areas;

(8) to cooperate with global programs encouraging conservation of marine resources; and

(9) to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.

(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.)

Amendments

1992—Subsec. (a)(2). Pub. L. 102–587, §2101(a)(1), inserted “, and in some cases international,” after “national”.

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 coordinated conservation and management of these marine 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 environment; 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, substituting provisions relating to Congressional declaration of findings, purposes and policies for provisions defining “Secretary” and “State”. See section 1432 of this title.

1980—Pub. L. 96–332 inserted provisions defining “State”.

Short Title of 1992 Amendment

Section 1 of Pub. L. 102–587 provided that: “This Act [see Tables for classification] may be cited as the ‘Oceans Act of 1992’.”

Section 2001 of title II of Pub. L. 102–587 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

Section 101 of title I of Pub. L. 98–498 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 Sanctuaries Amendments of 1984’.”

Short Title

Section 316 of Pub. L. 92–532, as added by Pub. L. 102–587, title II, §2112, Nov. 4, 1992, 106 Stat. 5047, provided that: “This title [probably means title III of Pub. L. 92–532, which enacted this chapter, see Codification note set out under section 1445a of this title] may be cited as ‘The National Marine Sanctuaries Act’.”

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.

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.

Federal Compliance With Pollution Control Standards

For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable 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 section 4321 of Title 42.

1 So in original. The period probably should be a semicolon.