§ 1441. Special use permits
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/usc/title-16/section-1441A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Issuance of permits The Secretary may issue special use permits which authorize the conduct of specific activities in a national marine sanctuary if the Secretary determines such authorization is necessary—
(1)to establish conditions of access to and use of any sanctuary resource; or
(2)to promote public use and understanding of a sanctuary resource.
(b)Public notice required The Secretary shall provide appropriate public notice before identifying any category of activity subject to a special use permit under subsection (a).
(c)Permit terms A permit issued under this section—
(1)shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources;
(2)shall not authorize the conduct of any activity for a period of more than 5 years unless renewed by the Secretary;
(3)shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources; and
(4)shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the permit and to agree to hold the United States harmless against such claims.
(d)Fees
(1)Assessment and collection The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section.
(2)Amount The amount of a fee under this subsection shall be equal to the sum of—
(A)costs incurred, or expected to be incurred, by the Secretary in issuing the permit;
(B)costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity; and
(C)an amount which represents the fair market value of the use of the sanctuary resource.
(3)Use of fees Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary—
(A)for issuing and administering permits under this section; and
(B)for expenses of managing national marine sanctuaries.
(4)Waiver or reduction of fees The Secretary may accept in-kind contributions in lieu of a fee under paragraph (2)(C), or waive or reduce any fee assessed under this subsection for any activity that does not derive profit from the access to or use of sanctuary resources.
(e)Violations Upon violation of a term or condition of a permit issued under this section, the Secretary may—
(1)suspend or revoke the permit without compensation to the permittee and without liability to the United States;
(2)assess a civil penalty in accordance with section 1437 of this title; or
(3)both.
(f)Reports Each person issued a permit under this section shall submit an annual report to the Secretary not later than December 31 of each year which describes activities conducted under that permit and revenues derived from such activities during the year.
(g)Fishing Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities in a national marine sanctuary.
(Pub. L. 92–532, title III, § 310, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 106–513, § 11, Nov. 13, 2000, 114 Stat. 2389.)
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register
- NoticesFinal rule
- Proposed RulesFinal rule; interim final rule; administrative withdrawal
- Proposed RulesProposed rule
- NoticesProposed rule; notification of availability of draft environmental impact statement and draft management plan; request for public comments
- NoticesNotice of availability; request for comments
- NoticesNotice of availability of final report
- NoticesNotice of public hearings
- NoticesNotice
- Rules and RegulationsInterim final rule; request for comments SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is amending the National Marine Sanctuaries program regulations
- NoticesNotice; request for public comments
- NoticesNotice
- Proposed RulesProposed rule; notification of availability of draft environmental impact statement and draft management plan; request for public comment
- NoticesNotice; request for public comments
- NoticesProposed rule; request for public comments
- NoticesFinal rule; notification of availability of final management plan and Record of Decision
- Proposed RulesNotice of Availability; reopening of opportunity for public comment
- NoticesNotice; request for public comments
- Proposed RulesNotice of Availability; Request for Comments; Correction
- NoticesNotice
- NoticesNotice; request for public comments
- Rules and RegulationsFinal rule
- NoticesFinal rule
statutes-at-large
- Public Law 100–627To authorize appropriations to carry out titles II and III of the Marine Protection, Research, and Sanctuaries Act of 1972, to establish the National Oceans Policy Commission, and for other purposes
- Public Law 106–513To amend the National Marine Sanctuaries Act, and for other purposes
bill
- Sec. 302Offshore wind energy
- Sec. 302Offshore wind energy
- Sec. 3Removing restrictions on activities covered by sanctuary special use permits
- Sec. 2Prohibition on requiring authorizations for undersea fiber optic cables previously authorized by Federal or State agencies
- Sec. 3Removing restrictions on activities covered by sanctuary special use permits
- Sec. 3Removing restrictions on activities covered by sanctuary special use permits
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U.S. Code
9 references not yet in our index
- Pub. L. 92–532, title III, § 310
- Pub. L. 100–627, title II, § 203(3)
- 102 Stat. 3214
- Pub. L. 106–513, § 11
- 114 Stat. 2389
- Pub. L. 106–513, § 11(1)
- Pub. L. 106–513, § 11(3)
- Pub. L. 106–513, § 11(4)
- Pub. L. 106–513, § 11(5)
Citation graph
cites case law
§ 1441
Special use permits
Fed. Reg.×63
Bills×6
Stat.×2
C.F.R.×1
Pub. L.Pub. L. 92–532, title III, § 310
Pub. L.Pub. L. 100–627, title II, § 203(3)
Stat.102 Stat. 3214
Pub. L.Pub. L. 106–513, § 11
Stat.114 Stat. 2389
Cites 10 · showing 6Cited by 72 across 4 sources