Laws: Cases and Codes : U.S. Code : Title 16 : Section 1431
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U.S. Code as of:
01/19/04
Section 1431 - Notes
SOURCE
(Pub. L. 92-532, title III, Sec. 301, Oct. 23, 1972, 86 Stat. 1061;
Pub. L. 96-332, Sec. 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L.
98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L.
102-587, title II, Sec. 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L.
104-283, Sec. 9(a), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106-513,
Sec. 3, Nov. 13, 2000, 114 Stat. 2381.)
AMENDMENTS
2000 - Pub. L. 106-513, Sec. 3(a), inserted "; establishment of
system" at end of section catchline.
Subsec. (a)(2). Pub. L. 106-513, Sec. 3(b)(1), substituted
"scientific, educational, cultural, archeological, or esthetic" for
"research, educational, or esthetic".
Subsec. (a)(3). Pub. L. 106-513, Sec. 3(b)(2), inserted "and" at
end.
Subsec. (a)(4) to (6). Pub. L. 106-513, Sec. 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 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."
Subsec. (b)(1). Pub. L. 106-513, Sec. 3(c)(1), substituted
"significance and to manage these areas as the National Marine
Sanctuary System;" for "significance;".
Subsec. (b)(3). Pub. L. 106-513, Sec. 3(c)(2), (4), added par.
(3) and struck out former par. (3) which read as follows: "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;".
Subsec. (b)(4). Pub. L. 106-513, Sec. 3(c)(2), (4), added par.
(4) and struck out former par. (4) which read as follows: "to
enhance public awareness, understanding, appreciation, and wise use
of the marine environment;".
Subsec. (b)(5) to (7). Pub. L. 106-513, Sec. 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, Sec. 3(c)(3), (5), redesignated
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, Sec. 3(c)(2), (3), (6),
redesignated 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 marine areas to survive and
propagate."
Subsec. (c). Pub. L. 106-513, Sec. 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, Sec. 2101(a)(1), inserted
", and in some cases international," after "national".
Subsec. (a)(4). Pub. L. 102-587, Sec. 2101(a)(2), inserted ",
research," after "conservation" and struck out "and" at end.
Subsec. (a)(6). Pub. L. 102-587, Sec. 2101(a)(3), (4), added par.
(6).
Subsec. (b). Pub. L. 102-587, Sec. 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".
EX. ORD. NO. 13158. MARINE PROTECTED AREAS
Ex. Ord. No. 13158, May 26, 2000, 65 F.R. 34909, provided:
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 National 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 (16 U.S.C. 1 et seq.), National Historic
Preservation Act (16 U.S.C. 470 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.), Endangered 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.), National 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 statutes, 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 comprehensive system of
marine protected areas throughout the marine environment would
enhance the conservation of our Nation's natural and cultural
marine heritage and the ecologically and economically sustainable
use of the marine environment for future generations. To this end,
the purpose of this order is to, consistent with domestic and
international law: (a) strengthen the management, protection, and
conservation of existing marine protected areas and establish new
or expanded MPAs; (b) develop a scientifically based, comprehensive
national system of MPAs representing diverse U.S. marine
ecosystems, and the Nation'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 provide 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 Management. Each
Federal agency whose authorities provide for the establishment or
management of MPAs shall take appropriate actions to enhance or
expand protection 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 permitted by
law and subject to the availability of appropriations, the
Department of Commerce and the Department of the Interior, in
consultation with the Department 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 following
in the exercise of each agency's respective authorities 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 protection;
(2) integrated assessments of ecological linkages among MPAs,
including ecological reserves in which consumptive uses of
resources are prohibited, to provide synergistic benefits;
(3) a biological assessment of the minimum area where consumptive
uses would be prohibited that is necessary to preserve
representative habitats in different geographic areas of the marine
environment;
(4) an assessment of threats and gaps in levels of protection
currently afforded to natural and cultural resources, as
appropriate;
(5) practical, science-based criteria and protocols for
monitoring and evaluating the effectiveness of MPAs;
(6) identification of emerging threats and user conflicts
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 preferred
management solutions; and
(8) identification of opportunities to improve linkages 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 Department of the Interior shall
consult with those States that contain portions of the marine
environment, the Commonwealth of Puerto Rico, the Virgin Islands of
the United States, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands, tribes, Regional Fishery Management
Councils, and other entities, as appropriate, to promote
coordination 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 recommendations of non-Federal
scientists, resource managers, 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 Marine Protected Area Center to
carry out, in cooperation with the Department of the Interior, the
requirements 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 cooperation with the Department of the
Interior, to develop 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 Protection Agency (EPA), relying
upon existing Clean Water Act [33 U.S.C. 1251 et seq.] authorities,
shall expeditiously 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 pollution 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 actions. To the extent permitted by
law and to the maximum extent practicable, each Federal agency, in
taking 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 required to
take actions under this order shall prepare and make public
annually a concise description of actions 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 actions
pursuant to this Executive Order must act in accordance with
international law and with Presidential Proclamation 5928 of
December 27, 1988, on the Territorial 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 Presidential 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 construed as
altering existing authorities regarding the establishment of
Federal MPAs in areas of the marine environment 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 responsibilities 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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1432 of this title.
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