§1442. Cooperative agreements, donations, and acquisitions

(a) Cooperative agreements, grants, and other agreements

The Secretary may enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with States, local governments, regional agencies, interstate agencies, or other persons to carry out the purposes and policies of this chapter.

(b) Authorization to solicit donations

The Secretary may enter into such agreements with any nonprofit organization authorizing the organization to solicit private donations to carry out the purposes and policies of this chapter.

(c) Donations

The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this chapter. Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States.

(d) Acquisitions

The Secretary may acquire by purchase, lease, or exchange, any land, facilities, or other property necessary and appropriate to carry out the purposes and policies of this chapter.

(Pub. L. 92–532, title III, §311, as added Pub. L. 100–627, title II, §203(3), Nov. 7, 1988, 102 Stat. 3215 ; amended Pub. L. 102–587, title II, §2109, Nov. 4, 1992, 106 Stat. 5045 .)

Amendments

1992-Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows:

"(a) Cooperative Agreements.-The Secretary may enter into cooperative agreements with any nonprofit organization-

"(1) to aid and promote interpretive, historical, scientific, and educational activities; and

"(2) for the solicitation of private donations for the support of such activities.

"(b) Donations.-The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this chapter."

Enhancing Support for National Marine Sanctuaries

Section 2204 of title II of Pub. L. 102–587 provided that:

"(a) In General.-Beginning on the date of enactment of this title [Nov. 4, 1992], the Secretary shall conduct a 2-year pilot project to enhance funding for designation and management of national marine sanctuaries.

"(b) Project.-The project shall consist 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;

"(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 use of any symbol published under paragraph (1) by official sponsors of the national marine sanctuary program or of individual national marine sanctuaries;

"(5) the establishment and collection by the Secretary of fees from official sponsors for the manufacture, reproduction or use of the symbols published under paragraph (1);

"(6) the retention of any fees assessed under paragraph (5) by the Secretary in an interest-bearing revolving fund; and

"(7) the expenditure of any fees and any interest in the fund established under paragraph (6), without appropriation, by the Secretary to designate and manage national marine sanctuaries.

"(c) Contract Authority.-The Secretary may contract with any person for the creation of symbols or the solicitation of official sponsors under subsection (b).

"(d) Restrictions.-The Secretary may restrict the use of the symbols published under subsection (b), 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.

"(e) Property of United States.-Any symbol which is adopted by the Secretary and published in the Federal Register under subsection (b) is deemed to be the property of the United States.

"(f) Prohibited Activities.-(1) It is unlawful for any person-

"(A) 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;

"(B) to represent himself or herself to be an official sponsor absent a designation by the Secretary;

"(C) to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of a fee to the Secretary; and

"(D) to violate any regulation promulgated by the Secretary under this section.

"(2) Violation of this subsection shall be considered a violation of title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).

"(g) Report.-No later than 30 months after the date of enactment of this Act [Nov. 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.

"(h) Definitions.-In this section-

"(1) the term 'national marine sanctuary' or 'national marine sanctuaries' means a national marine sanctuary or sanctuaries designated under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), or by other law in accordance with title III of the Marine Protection, Research, and Sanctuaries Act of 1972;

"(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."