I

104TH CONGRESS

2D SESSION H. R. 3090

To authorize appropriations for the National Marine Sanctuaries, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1996

Mr. FARR of California (for himself, Mr. STUDDS, Mr. ABERCROMBIE, Mr.

MILLER of California, Mr. FALEOMAVAEGA, Mr. GEJDENSON, Mr. TAUZIN, Mr. GALLEGLY, Mr. GILCHREST, Mr. JONES, Mr. LONGLEY, Mr.

TORKILDSEN, Ms. WOOLSEY, Ms. LOFGREN, Ms. ESHOO, Mr. ORTIZ,

Mrs. SEASTRAND, Mrs. MINK of Hawaii, Mr. RIGGS, Mrs. SMITH of

Washington, Mr. GOSS, Mr. SAXTON, Mr. DEUTSCH, and Mr. CAMPBELL) introduced the following bill; which was referred to the Committee

on Resources

A BILL

To authorize appropriations for the National Marine

Sanctuaries, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Marine Sanc5 tuaries Renewal Act of 1996’’.
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1 SEC. 2. REAUTHORIZATION OF THE NATIONAL MARINE

2 SANCTUARIES ACT.

3 The National Marine Sanctuaries Act (16 U.S.C.

4 1431–1445a) is amended as follows:

5 (1) In subsection 311(b) (16 U.S.C. 1442(b)),

6 by adding after the first sentence the following:

7 ‘‘The Secretary may also create, or participate in the

8 creation of, nonprofit organizations to solicit dona9 tions to carry out the purposes and policies of this

10 title.’’.

11 (2) In subsection 311(c) (16 U.S.C. 1442(c)),

12 by adding at the end of the subsection the following:

13 ‘‘The Secretary is authorized to recruit, train, and

14 accept the services of individuals without compensa15 tion as volunteers, and may provide for incidental

16 expenses such as transportation, uniforms, lodging,

17 and subsistence of such volunteers. The provisions of

18 16 U.S.C. 742f(c)(3)–(5) shall apply to such volun19 teers.’’.

20 (3) In section 313 (16 U.S.C. 1444), by strik21 ing ‘‘and’’ in paragraph (3) and inserting ‘‘; and (5)

22 such sums as may be necessary for fiscal years

23 1997, 1998, 1999, and 2000’’ before the period.

24 (4) In section 315(e)(3) (16 U.S.C.

25 1445a(e)(3)), by adding before the period ‘‘; such

26 notice, however, need only be published locally in the
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1 case of an advisory council established to provide as2 sistance to a particular sanctuary’’.

3 (5) By adding the following new sections after

4 section 315:

5 ‘‘SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE

6 SANCTUARIES.

7 ‘‘(a) IN GENERAL.—To augment appropriations and

8 enhance funding for the designation and management of

9 national marine sanctuaries, the Secretary is authorized

10 to develop, market, and sell symbols under this section and

11 products under section 317.

12 ‘‘(b) PROGRAM.—The Secretary’s authority under

13 this section specifically includes—

14 ‘‘(1) the creation, adoption, and publication in

15 the Federal Register by the Secretary of a symbol

16 for the national marine sanctuary program, or for

17 individual national marine sanctuaries;

18 ‘‘(2) the solicitation of persons to be designated

19 as official sponsors of the national marine sanctuary

20 program or of individual national marine sanc21 tuaries;

22 ‘‘(3) the designation of persons by the Sec23 retary as official sponsors of the national marine

24 sanctuary program or of individual sanctuaries;
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1 ‘‘(4) the authorization by the Secretary of the

2 use of any symbol published under paragraph (1) by

3 official sponsors of the national marine sanctuary

4 program or of individual national marine sanc5 tuaries;

6 ‘‘(5) the establishment of prices and collection

7 by the Secretary of monetary and/or in-kind pay8 ments from official sponsors for the manufacture,

9 reproduction, or use of the symbols published under

10 paragraph (1);

11 ‘‘(6) the establishment of a special interest12 bearing revolving fund;

13 ‘‘(7) the retention of any monetary proceeds

14 collected under paragraph (5) by the Secretary in

15 the fund established under paragraph (6); and

16 ‘‘(8) the use of in-kind proceeds collected under

17 paragraph (5) by the Secretary, and the expenditure

18 of any amounts in the fund established under para19 graph (6), without appropriation, by the Secretary

20 to designate and manage national marine sanc21 tuaries.

22 ‘‘(c) CONTRACT AUTHORITY.—The Secretary may

23 contract with any person for the creation of symbols or

24 the solicitation of official sponsors under subsection (b).
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1 ‘‘(d) RESTRICTIONS.—The Secretary may restrict the

2 use of the symbols published under subsection (b), and

3 the designation of official sponsors of the national marine

4 sanctuary program or of individual national marine sanc5 tuaries to ensure compatibility with the goals of the na6 tional marine sanctuary program.

7 ‘‘(e) PROPERTY OF THE UNITED STATES.—Any sym8 bol which is adopted by the Secretary and published in

9 the Federal Register under subsection (b) is deemed to

10 be the property of the United States.

11 ‘‘(f) PROHIBITED ACTIVITIES.—It is unlawful for any

12 person—

13 ‘‘(1) designated as an official sponsor to influ14 ence or seek to influence any decision by the Sec15 retary or any other Federal official related to the

16 designation or management of a national marine

17 sanctuary, except to the extent that a person who is

18 not so designated may do so;

19 ‘‘(2) to represent himself or herself to be an of20 ficial sponsor absent a designation by the Secretary;

21 ‘‘(3) to manufacture, reproduce, or use any

22 symbol adopted by the Secretary absent designation

23 as an official sponsor and without payment of mone24 tary and/or in-kind proceeds to the Secretary; or
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1 ‘‘(4) to violate any regulation promulgated by

2 the Secretary under this section.

3 ‘‘(g) DEFINITION.—The term ‘official sponsor’ means

4 any person designated by the Secretary who is authorized

5 to manufacture, reproduce, or use any symbol created,

6 adopted, and published in the Federal Register under this

7 section for monetary and/or in-kind proceeds paid to the

8 Secretary.

9 ‘‘SEC. 317. CREATION AND SALE OF NATIONAL MARINE

10 SANCTUARY PRODUCTS.

11 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

12 to create, market, and sell products to promote the Na13 tional Marine Sanctuary Program and may enter into ex14 clusive or nonexclusive agreements authorizing entities to

15 create, market and/or sell such products on the Secretary’s

16 behalf.

17 ‘‘(b) PROCEEDS.—The proceeds from sale of these

18 products shall be deposited in the interest bearing revolv19 ing fund established by section 316(b)(6).

20 ‘‘(c) EXPENDITURE.—The Secretary may expend the

21 proceeds from sale of National Marine Sanctuary products

22 deposited in the revolving fund established by section

23 316(b)(6) and interest, without appropriation, to des24 ignate and manage national marine sanctuaries.’’.

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