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U.S. Code as of:
01/19/04
Section 1445b. Enhancing support for national marine sanctuaries
(a) Authority
The Secretary may establish a program consisting of -
(1) the creation, adoption, and publication in the Federal
Register by the Secretary of a symbol for the national marine
sanctuary program, or for individual national marine sanctuaries
or the System;
(2) the solicitation of persons to be designated as official
sponsors of the national marine sanctuary program or of
individual national marine sanctuaries;
(3) the designation of persons by the Secretary as official
sponsors of the national marine sanctuary program or of
individual sanctuaries;
(4) the authorization by the Secretary of the manufacture,
reproduction, or other use of any symbol published under
paragraph (1), including the sale of items bearing such a symbol,
by official sponsors of the national marine sanctuary program or
of individual national marine sanctuaries;
(5) the creation, marketing, and selling of products to promote
the national marine sanctuary 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 contributions from official sponsors for the
manufacture, reproduction or use of the symbols published under
paragraph (1);
(7) the retention of any monetary or in-kind contributions
collected under paragraphs (5) and (6) by the Secretary; and
(8) the expenditure and use of any monetary and in-kind
contributions, without appropriation, by the Secretary to
designate and manage national marine sanctuaries.
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.
(b) Contract authority
The Secretary may contract with any person for the creation of
symbols or the solicitation of official sponsors under subsection
(a) of this section.
(c) Restrictions
The Secretary may restrict the use of the symbols published under
subsection (a) of this section, 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.
(d) Property of United States
Any symbol which is adopted by the Secretary and published in the
Federal Register under subsection (a) of this section is deemed to
be the property of the United States.
(e) Prohibited activities
It is unlawful for any person -
(1) designated as an official sponsor to influence or seek to
influence any decision by the Secretary or any other Federal
official related to the designation or management of a national
marine sanctuary, except to the extent that a person who is not
so designated may do so;
(2) to represent himself or herself to be an official sponsor
absent a designation by the Secretary;
(3) to manufacture, reproduce, or otherwise use any symbol
adopted by the Secretary under subsection (a)(1) of this section,
including to sell any item bearing such a symbol, unless
authorized by the Secretary under subsection (a)(4) of this
section or subsection (f) of this section; or
(4) to violate any regulation promulgated by the Secretary
under this section.
(f) Collaborations
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.
(g) Authorization for non-profit partner organization to solicit
sponsors
(1) In general
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.
(2) Reimbursement for administrative costs
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.
(3) Partner organization defined
In this subsection, the term "partner organization" means an
organization that -
(A) draws its membership from individuals, private
organizations, corporations, academic institutions, or State
and local governments; and
(B) is established to promote the understanding of, education
relating to, and the conservation of the resources of a
particular sanctuary or 2 or more related sanctuaries.
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