16 U.S.C. § 1445b
The Secretary may establish a program consisting of-
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.
The Secretary may contract with any person for the creation of symbols or the solicitation of official sponsors under subsection (a).
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 national marine sanctuaries to ensure compatibility with the goals of the national marine sanctuary program.
Any symbol which is adopted by the Secretary and published in the Federal Register under subsection (a) is deemed to be the property of the United States.
It is unlawful for any person-
The Secretary may authorize the use of a symbol 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.
The Secretary may enter into an agreement with a non-profit partner organization authorizing 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 authorize the non-profit partner organization to solicit persons to be official sponsors of the national marine sanctuary system or of individual national marine sanctuaries, upon such terms as the Secretary deems reasonable and will contribute to the successful administration of the sanctuary system. The Secretary may also authorize the non-profit partner organization to collect the statutory contribution from the sponsor, and, subject to paragraph (2), transfer the contribution to the Secretary.
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 monetary contributions it receives from official sponsors under the agreement to offset the administrative costs of the organization in soliciting sponsors.
In this subsection, the term "partner organization" means an organization that-
16 U.S.C. § 1445b
EDITORIAL NOTES
CODIFICATIONSection was set out as a note under section 1442 of this title prior to renumbering by Pub. L. 104-283.
AMENDMENTS2000-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 symbol 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 sponsor and without payment of a monetary or in-kind contribution 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 sanctuary shall be used to support that sanctuary." Pub. L. 104-283, §6(b)(2), substituted "Authority" for "Project" as heading and "The Secretary may establish 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 conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries."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 contributions" 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 "expenditure", substituted "monetary and in-kind contributions" for "fees", and struck out "and any interest 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 "subsection (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 "subsection (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 "subsection (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: "Violation 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 subsec. (f) as (e).Subsec. (g). Pub. L. 104-283, §6(b)(1), struck out heading and text of subsec. (g). Text read as follows: "No later than 30 months after November 4, 1992, the Secretary shall submit a report on the pilot project to Congress regarding the success of the program in providing additional funds for management and operation of national marine sanctuaries."Subsec. (h). Pub. L. 104-283, §6(b)(1), struck out heading and text of subsec. (h). Text read as follows: "In this section-"(1) the term 'national marine sanctuary' or 'national marine sanctuaries' means a national marine sanctuary or sanctuaries designated under this chapter, 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."
- Secretary
- "Secretary" means the Secretary of Commerce;
- State
- "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 commonwealth, territory, or possession of the United States;
- System
- "System" means the National Marine Sanctuary System established by section 1431 of this title.1See References in Text note below.