Laws: Cases and Codes : U.S. Code : Title 16 : Section 1434
|
U.S. Code as of:
01/19/04
Section 1434 - Notes
SOURCE
(Pub. L. 92-532, title III, Sec. 304, Oct. 23, 1972, 86 Stat. 1063;
Pub. L. 94-62, Sec. 4, July 25, 1975, 89 Stat. 303; Pub. L. 94-326,
Sec. 4, June 30, 1976, 90 Stat. 725; Pub. L. 95-153, Sec. 3, Nov.
4, 1977, 91 Stat. 1255; Pub. L. 96-332, Sec. 3, Aug. 29, 1980, 94
Stat. 1059; Pub. L. 97-109, Dec. 26, 1981, 95 Stat. 1512; Pub. L.
98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2298; Pub. L.
100-627, title II, Sec. 202, Nov. 7, 1988, 102 Stat. 3214; Pub. L.
102-587, title II, Sec. 2104, Nov. 4, 1992, 106 Stat. 5041; Pub. L.
104-283, Sec. 9(h), Oct. 11, 1996, 110 Stat. 3368; Pub. L. 106-513,
Secs. 6(a)-(f), 19(a)(2), (b)(4), Nov. 13, 2000, 114 Stat.
2383-2385, 2392, 2393; Pub. L. 106-555, title II, Sec. 205(b), Dec.
21, 2000, 114 Stat. 2769; Pub. L. 106-562, title III, Sec. 307(a),
Dec. 23, 2000, 114 Stat. 2807.)
REFERENCES IN TEXT
The Submerged Lands Act, referred to in subsec. (a)(2)(C)(iv), is
act May 22, 1953, ch. 65, 67 Stat. 29, as amended, which is
classified generally to subchapters I and II (Secs. 1301 et seq.,
1311 et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1301 of Title 43, and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(2)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
as amended, which is classified generally to chapter 55 (Sec. 4321
et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
This Act, referred to in subsec. (b)(1), means Pub. L. 92-532,
which enacted this chapter, chapter 32A (Sec. 1447 et seq.) of this
title, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et
seq.) of Title 33, Navigation and Navigable Waters.
AMENDMENTS
2000 - Subsec. (a)(1)(C). Pub. L. 106-555, Sec. 205(b)(1), struck
out "the Secretary shall" before "submit a copy".
Pub. L. 106-513, Sec. 6(a), amended subpar. (C) generally. Prior
to amendment, subpar. (C) required the Secretary to submit certain
documents to committees of the House and Senate.
Subsec. (a)(2). Pub. L. 106-513, Sec. 6(b), amended heading and
text of par. (2) generally. Prior to amendment, text read as
follows: "The Secretary shall -
"(A) prepare a draft environmental impact statement, as
provided by the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), on the proposal that includes the resource
assessment report required under section 1433(b)(3) of this
title, maps depicting the boundaries of the proposed designated
area, and the existing and potential uses and resources of the
area; and
"(B) make copies of the draft environmental impact statement
available to the public."
Subsec. (a)(2)(E). Pub. L. 106-555, Sec. 205(b)(2), substituted
"determinations" for "findings".
Subsec. (a)(5). Pub. L. 106-513, Sec. 19(b)(4), substituted
"Magnuson-Stevens Act" for "Magnuson Act".
Subsec. (a)(6). Pub. L. 106-513, Sec. 19(a)(2), substituted
"Resources" for "Merchant Marine and Fisheries".
Subsec. (b)(2). Pub. L. 106-513, Sec. 6(c), inserted "or System"
after "of the sanctuary".
Subsec. (d)(4). Pub. L. 106-513, Sec. 6(d), added par. (4).
Subsec. (e). Pub. L. 106-513, Sec. 6(e), substituted "management
techniques and strategies," for "management techniques," and
inserted at end "This review shall include a prioritization of
management objectives."
Subsec. (f). Pub. L. 106-513, Sec. 6(f), added subsec. (f).
Subsec. (f)(2). Pub. L. 106-562 substituted "subparagraphs (A)
and (B) of paragraph (1)" for "paragraph (2)".
1996 - Subsec. (b)(3). Pub. L. 104-283 struck out "(A)" before
"In computing the forty-five-day", redesignated cls. (i) and (ii)
as subpars. (A) and (B), respectively, adjusted margins, and struck
out former subpars. (B) and (C) which read as follows:
"(B) When the committee to which a joint resolution has been
referred has reported such a resolution, it shall at any time
thereafter be in order to move to proceed to the consideration of
the resolution. The motion shall be privileged and shall not be
debatable. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
"(C) This subsection is enacted by Congress as an exercise of the
rulemaking power of each House of Congress, respectively, and as
such is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in the
case of resolutions described in this subsection. This subsection
supersedes other rules only to the extent that they are
inconsistent therewith, and is enacted with full recognition of the
constitutional right of either House to change the rules (so far as
those relate to the procedure of that House) at any time, in the
same manner, and to the same extent as in the case of any other
rule of such House."
1992 - Subsec. (a)(1)(C). Pub. L. 102-587, Sec. 2104(a)(2),
substituted "documents, including an executive summary, consisting
of - " for "a prospectus on the proposal which shall contain - ".
Subsec. (a)(5). Pub. L. 102-587, Sec. 2104(a)(3), substituted
"Exclusive Economic Zone" for "United States Fishery Conservation
Zone" and inserted at end "The Secretary shall also cooperate with
other appropriate fishery management authorities with rights or
responsibilities within a proposed sanctuary at the earliest
practicable stage in drafting any sanctuary fishing regulations."
Subsec. (a)(6). Pub. L. 102-587, Sec. 2104(a)(1), substituted
"documents" for "prospectus" wherever appearing.
Subsec. (b)(1). Pub. L. 102-587, Sec. 2104(b)(1), substituted at
end ", in the case of a national marine sanctuary that is located
partially or entirely within the seaward boundary of any State, the
Governor affected certifies to the Secretary that the designation
or any of its terms is unacceptable, in which case the designation
or the unacceptable term shall not take effect in the area of the
sanctuary lying within the seaward boundary of the State." for the
dash after "unless" and subpars. (A) and (B) which read as follows:
"(A) the designation or any of its terms is disapproved by
enactment of a joint resolution of disapproval described in
paragraph (3); or
"(B) in the case of a natural marine sanctuary that is located
partially or entirely within the seaward boundary of any State, the
Governor affected certifies to the Secretary that the designation
or any of its terms is unacceptable, in which case the designation
or the unacceptable term shall not take effect in the area of the
sanctuary lying within the seaward boundary of the State."
Subsec. (b)(2). Pub. L. 102-587, Sec. 2104(b)(2), substituted
"actions taken under paragraph (1)" for "actions taken under
paragraph (1)(A) or (B)" and "terms of the designation not
certified under paragraph (1)" for "terms of the designation not
disapproved under paragraph (1)(A) or not certified under paragraph
(1)(B)".
Subsec. (b)(3), (4). Pub. L. 102-587, Sec. 2104(b)(3),
redesignated par. (4) as (3) and struck out former par. (3) which
defined a Congressional resolution of disapproval for purposes of
this subsection.
Subsec. (c)(1). Pub. L. 102-587, Sec. 2104(c), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "Nothing
in this chapter shall be construed as terminating or granting to
the Secretary the right to terminate any valid lease, permit,
license, or right of subsistence use or of access if the lease,
permit, license, or right -
"(A) was in existence on October 19, 1984, with respect to any
national marine sanctuary designated before that date; or
"(B) is in existence on the date of designation of any national
marine sanctuary, with respect to any national marine sanctuary
designated after October 19, 1984."
Subsecs. (d), (e). Pub. L. 102-587, Sec. 2104(d), added subsecs.
(d) and (e).
1988 - Subsec. (b)(1). Pub. L. 100-627 inserted requirement that
notice be published in the Federal Register of proposed marine
sanctuary site designation within 30 months after notice of active
candidacy of site for sanctuary designation or that within such
period findings be published why notice has not been published.
1984 - Pub. L. 98-498 amended section generally, substituting
provisions relating to procedures for designation and
implementation of a marine sanctuary for provisions relating to
authorization of appropriations. See section 1438 of this title.
1981 - Pub. L. 97-109 inserted provisions authorizing
appropriations of not to exceed $2,235,000 for fiscal year 1982,
and not to exceed $2,235,000 for fiscal year 1983.
1980 - Pub. L. 96-332 inserted provisions authorizing
appropriations of not to exceed $2,250,000 for fiscal year 1981.
1977 - Pub. L. 95-153 inserted provision authorizing
appropriations not to exceed $500,000 for fiscal year 1978.
1976 - Pub. L. 94-326 inserted provision authorizing to be
appropriated not to exceed $500,000 for fiscal year 1977.
1975 - Pub. L. 94-62 substituted provisions authorizing to be
appropriated not to exceed $10,000,000 for each of fiscal years
1973, 1974, and 1975, for provisions authorizing to be appropriated
for fiscal year in which this Act was enacted and for next two
fiscal years thereafter not to exceed $10,000,000 for each such
fiscal year, and inserted provisions authorizing to be appropriated
not to exceed $6,200,000 for fiscal year 1976, and not to exceed
$1,550,000 for the transition period (July 1, through Sept. 30,
1976).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1432, 1435 of this title.
|
Ads by FindLaw