ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 1441Special use permits

submitted 38 years ago by Pub. L. 92-532 to r/title-16-CONSERVATION · 537 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may issue special-use permits for specific activities in a national marine sanctuary when needed to control access or promote public use and understanding. Permits have resource-protection, insurance, fee, reporting, and violation rules, and fishing does not require a permit under this section.

(a) The Secretary may issue a special-use permit for a specific sanctuary activity if needed (1) to set conditions for access to or use of a sanctuary resource, or (2) to promote public use and understanding of a resource. (b) Before identifying any activity category requiring such a permit, the Secretary must give appropriate public notice. (c) A permit may authorize an activity only if compatible with the sanctuary's purposes and resource protection; may last no more than five years unless renewed; must require conduct that does not destroy, lose, or injure sanctuary resources; and must require comprehensive general-liability insurance or an equivalent bond and an agreement to hold the United States harmless from related claims. (d)(1) The Secretary may charge fees for permitted activities. (2) A fee equals the Secretary's actual or expected permit-issuance costs, actual or expected direct costs from the activity including monitoring, and the fair-market value of using the resource. (3) Fees may be used to issue and administer permits and manage sanctuaries. (4) The Secretary may accept in-kind contributions instead of the fair-market-value part and may waive or reduce a fee for an activity that earns no profit from access to or use of sanctuary resources. (e) For a permit violation, the Secretary may suspend or revoke the permit without compensation or United States liability, impose a civil penalty under section 1437, or do both. (f) Each permit holder must submit an annual report by December 31 describing permitted activities and revenues from them during the year. (g) This section does not require a fishing-activity permit in a national marine sanctuary.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 92-532 · 102 Stat. 3214
  • 2000Amended · Pub. L. 106-513 · 114 Stat. 2389

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-532 on 1988-11-07.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case