dreamproit/uscode huggingface dataset:
16 U.S.C. § 6408 (CONSERVATION)
§ 6408. Emergency assistance
(a) In general
Notwithstanding any other provision of law, from funds appropriated pursuant to the authorization of appropriations under section 6414 of this title, the Administrator may provide emergency assistance to any covered State or coral reef stewardship partnership to respond to immediate harm to coral reefs or coral reef ecosystems arising from any of the exigent circumstances described in subsection (b).
(b) Coral reef exigent circumstances
The Administrator shall develop a list of, and criteria for, circumstances that pose an exigent threat to coral reefs, including—
(1) new and ongoing outbreaks of disease;
(2) new and ongoing outbreaks of invasive or nuisance species;
(3) new and ongoing coral bleaching events;
(4) natural disasters;
(5) industrial or mechanical incidents, such as vessel groundings, hazardous spills, or coastal construction accidents; and
(6) such other circumstances as the Administrator determines appropriate.
(c) Annual report on exigent circumstances
On February 1 of each year, the Administrator shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that—
(1) describes locations with exigent circumstances described in subsection (b) that were considered but declined for emergency assistance, and the rationale for the decision; and
(2) with respect to each instance in which emergency assistance under this section was provided—
(A) the location and a description of the exigent circumstances that prompted the emergency assistance, the entity that received the assistance, and the current and expected outcomes from the assistance;
(B) a description of activities of the National Oceanic and Atmospheric Administration that were curtailed as a result of providing the emergency assistance; and
(C) an assessment of whether further action is needed to restore the affected coral reef, recommendations for such restoration, and a cost estimate to implement such recommendations.
(Pub. L. 106–562, title II, § 209, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3940.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6408, Pub. L. 106–562, title II, § 209, Dec. 23, 2000, 114 Stat. 2805, authorized appropriations, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931.
16 U.S.C. § 6409 (CONSERVATION)
§ 6409. Coral Reef Disaster Fund
(a) Agreements
The Administrator shall seek to enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the “Foundation”), authorizing the Foundation to receive, hold, and administer funds received under this section.
(b) Fund
(1) In general
The Foundation shall establish an account, to be known as the “Coral Reef Disaster Fund” (in this section referred to as the “Fund”).
(2) Deposits
The Foundation shall deposit funds received under this section into the Fund.
(3) Purposes
The Fund shall be available solely to support the long-term recovery of coral reefs from exigent circumstances described in section 6408(b) of this title—
(A) in partnership with non-Federal stakeholders; and
(B) in a manner that is consistent with—
(i) the National Coral Reef Resilience Strategy; and
(ii) coral reef action plans in effect, if any, under section 6404 of this title.
(4) Investment of amounts
(A) Investment of amounts
The Foundation shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(B) Interest and proceeds
The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
(5) Review of performance
The Administrator shall conduct continuing reviews of all deposits into, and disbursements from, the Fund. Each such review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of this section.
(c) Authorization to solicit donations
(1) In general
Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, donations of services) to further the purposes of this chapter.
(2) Deposits in Fund
Notwithstanding section 3302 of title 31, any funds received as a gift shall be deposited and maintained in the Fund.
(Pub. L. 106–562, title II, § 210, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3941.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6409, Pub. L. 106–562, title II, § 210, Dec. 23, 2000, 114 Stat. 2805, provided definitions for the chapter, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931.
16 U.S.C. § 6411 (CONSERVATION)
§ 6411. Coral reef research
(a) Reef research coordination institutes
(1) Establishment
The Administrator shall designate 2 reef research coordination institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, one each in the Atlantic and Pacific basins, to be known as the “Atlantic Reef Research Coordination Institute” and the “Pacific Reef Research Coordination Institute”, respectively.
(2) Membership
Each institute designated under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under subsection (b).
(3) Functions
The institutes designated under paragraph (1) shall—
(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the National Coral Reef Resilience Strategy;
(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this chapter on promoting more effective coral reef management and restoration; and
(C) through agreements—
(i) collaborate directly with States, covered Native entities, covered coral reef managers, nonprofit organizations, and other coral reef research centers designated under subsection (b);
(ii) assist in the development and implementation of—
(I) the National Coral Reef Resilience Strategy; and
(II) coral reef action plans under section 6404 of this title;
(iii) build capacity within non-Federal governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and
(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on—
(I) coral reefs and coral reef ecosystems;
(II) best practices for coral reef ecosystem management and restoration;
(III) the value of coral reefs; and
(IV) the threats to the sustainability of coral reef ecosystems.
(b) Coral reef research centers
(1) In general
The Administrator shall—
(A) periodically solicit applications for designation of qualifying institutions in covered States as coral reef research centers; and
(B) designate all qualifying institutions in covered States as coral reef research centers.
(2) Qualifying institutions
For purposes of paragraph (1), an institution is a qualifying institution if the Administrator determines that the institution—
(A) is operated by an institution of higher education or nonprofit marine research organization;
(B) has established management-driven national or regional coral reef research or restoration programs;
(C) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, and other academic and nonprofit organizations; and
(D) maintains significant local community engagement and outreach programs related to coral reef ecosystems.
(Pub. L. 106–562, title II, § 212, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3945.)
16 U.S.C. § 6412 (CONSERVATION)
§ 6412. Coral reef prize competitions
(a) In general
Subject to the availability of appropriations, the head of any Federal agency with a representative serving on the United States Coral Reef Task Force established by section 6451 of this title, may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 3719 of title 15.
(b) Purposes
Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.
(c) Priority programs
Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including—
(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including changing ocean chemistry, temperature-related bleaching, disease, and their associated impacts on coral physiology;
(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;
(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;
(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and
(5) the development of adaptation and management options for impacted tourism industries.
(Pub. L. 106–562, title II, § 213, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3946.)
16 U.S.C. § 6413 (CONSERVATION)
§ 6413. Reports on administration
(a) In general
Not later than 2 years after December 23, 2022, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this chapter during the 2-year period preceding submission of the report, including—
(1) a description of all activities undertaken to implement the National Coral Reef Resilience Strategy;
(2) a statement of all funds obligated under the authorities of this chapter; and
(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under this chapter.
(b) Committees specified
The committees specified in this subsection are—
(1) the Committee on Commerce, Science, and Transportation, Committee on Environment and Public Works, Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and
(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.
(Pub. L. 106–562, title II, § 214, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3947.)
16 U.S.C. § 6414 (CONSERVATION)
§ 6414. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Administrator $45,000,000 for each of fiscal years 2023 through 2027 to carry out this chapter which shall remain available until expended. Of such amounts, there is authorized to be appropriated for each such fiscal year—
(1) $12,000,000 to carry out section 6406 of this title;
(2) $3,500,000 for activities authorized under section 6410 of this title; and
(3) $4,500,000 to be provided to the cooperative institutes designated under section 6411(a) of this title to carry out the functions described in such section.
(b) Administration
Not more than 10 percent of the amounts appropriated under subsection (a) may be used for program administration or overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce.
(Pub. L. 106–562, title II, § 215, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3947.)
16 U.S.C. § 6451 (CONSERVATION)
§ 6451. Establishment
There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the “United States Coral Reef Task Force” (in this subchapter referred to as the “Task Force”).
(Pub. L. 117–263, div. J, title C, § 10011, Dec. 23, 2022, 136 Stat. 3951.)
16 U.S.C. § 6452 (CONSERVATION)
§ 6452. Duties
The duties of the Task Force shall be—
(1) to coordinate, in cooperation with covered States, covered Native entities, Federal reef managers, covered reef managers, coral reef research centers designated under section 6411(b) of this title (as added by this division), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in—
(A) Executive Order 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of the Task Force—
(A) to assess the United States role in international trade and protection of coral species;
(B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and
(C) to collaborate with international communities successful in managing coral reefs;
(4) to provide technical assistance for the development and implementation, as appropriate, of—
(A) the National Coral Reef Resilience Strategy; and
(B) coral reef action plans under section 6404 of this title; and
(5) to produce a report each year, for submission to the appropriate congressional committees and publication on the public website of the Task Force, highlighting the status of the coral reef resources of a covered State on a rotating basis, including—
(A) a summary of recent coral reef management and restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef resources.
(Pub. L. 117–263, div. J, title C, § 10012, Dec. 23, 2022, 136 Stat. 3952.)
heading: Editorial Notes
heading: References in Text
text: This division, referred to in par. (1), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.
Executive Order 13089, referred to in par. (2)(A), is Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, which is set out as a note under section 6401 of this title.
Section 6404 of this title, referred to in par. (4)(B), was in the original “section 205 of that Act” and was translated as meaning section 205 of title II of Pub. L. 106–562, known as the Coral Reef Conservation Act of 2000, to reflect the probable intent of Congress.
16 U.S.C. § 6453 (CONSERVATION)
§ 6453. Membership
(a) Voting membership
The voting members of the Task Force shall be—
(1) the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Interior, who shall be co-chairpersons of the Task Force;
(2) such representatives from other Federal agencies as the President, in consultation with the Under Secretary, determines appropriate; and
(3) the Governor, or a representative of the Governor, of each covered State.
(b) Nonvoting members
The Task Force shall have the following nonvoting members:
(1) A member of the South Atlantic Fishery Management Council who is designated by the Governor of Florida under section 1852(b)(1) of this title.
(2) A member of the Gulf of Mexico Fishery Management Council who is designated by the Governor of Florida under such section.
(3) A member of the Western Pacific Fishery Management Council who is designated under such section and selected as follows:
(A) For the period beginning on December 23, 2022, and ending on December 31 of the calendar year during which such date occurs, the member shall be selected jointly by the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(B) For each calendar year thereafter, the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating basis, take turns selecting the member.
(4) A member of the Caribbean Fishery Management Council who is designated under such section and selected as follows:
(A) For the period beginning on December 23, 2022, and ending on December 31 of the calendar year during which such date occurs, the member shall be selected jointly by the Governors of Puerto Rico and the United States Virgin Islands.
(B) For each calendar year thereafter, the Governors of Puerto Rico and the United States Virgin Islands shall, on an alternating basis, take turns selecting the member.
(5) A member appointed by the President of the Federated States of Micronesia.
(6) A member appointed by the President of the Republic of the Marshall Islands.
(7) A member appointed by the President of the Republic of Palau.
(Pub. L. 117–263, div. J, title C, § 10013, Dec. 23, 2022, 136 Stat. 3952.)
16 U.S.C. § 6454 (CONSERVATION)
§ 6454. Responsibilities of Federal agency members
(a) In general
A member of the Task Force described in section 6453(a) of this title shall—
(1) identify the actions of the agency that member represents that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;
(3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and
(4) engage in any other coordinated efforts approved by the Task Force.
(b) Co-chairpersons
In addition to their responsibilities under subsection (a), the co-chairpersons of the Task Force shall perform the administrative functions of the Task Force and facilitate the coordination of the members of the Task Force described in section 6453(a) of this title.
(c) Briefing
Not less than 30 days before each meeting of the Task Force, the program offices of the National Oceanic and Atmospheric Administration responsible for implementing this title shall provide a briefing to the relevant congressional committees on efforts and spending associated with such implementation.
(Pub. L. 117–263, div. J, title C, § 10014, Dec. 23, 2022, 136 Stat. 3953.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in subsec. (c), means title C of division J of Pub. L. 117–263, which enacted this chapter and sections 6401 to 6415 of this title, amended section 7504 of this title, repealed sections 6401 to 6409 of this title, and enacted provisions set out as a note under section 6401 of this title. For complete classification of title C to the Code, see Tables.
16 U.S.C. § 6455 (CONSERVATION)
§ 6455. Working groups
(a) In general
The co-chairpersons of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.
(b) Requests from members
The members of the Task Force may request that the co-chairpersons establish a working group under subsection (a).
(c) Participation by nongovernmental organizations
The co-chairpersons may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to working groups established under this section.
(Pub. L. 117–263, div. J, title C, § 10015, Dec. 23, 2022, 136 Stat. 3954.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
16 U.S.C. § 6456 (CONSERVATION)
§ 6456. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Environment and Public Works of the Senate;
(C) the Committee on Energy and Natural Resources of the Senate; and
(D) the Committee on Natural Resources of the House of Representatives.
(2) Conservation, coral, coral reef, etc.
The terms “conservation”, “coral”, “coral reef”, “coral reef ecosystem”, “covered reef manager”, “covered State”, “Federal reef manager”, “National Coral Reef Resilience Strategy”, “restoration”, “resilience”, and “State” have the meanings given those terms in section 6415 of this title, as added by this division.
(Pub. L. 117–263, div. J, title C, § 10016, Dec. 23, 2022, 136 Stat. 3954.)
heading: Editorial Notes
heading: References in Text
text: This division, referred to in par. (2), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.
16 U.S.C. § 6502 (CONSERVATION)
§ 6502. Definitions
In this chapter:
(1) Federal land
The term “Federal land” means—
(A) land of the National Forest System (as defined in section 1609(a) of this title) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(B) public lands (as defined in section 1702 of title 43), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(2) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(Pub. L. 108–148, § 3, Dec. 3, 2003, 117 Stat. 1888.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of this title and Tables.