Title 16 — Conservation
Chapter 83 — Coral Reef Conservation
§ 6403. National coral reef resilience strategy
Statutory text
In general
The Administrator shall—
not later than 2 years after , develop a national coral reef resilience strategy; and
review and revise the strategy—
not less frequently than once every 15 years;
not less frequently than once every 5 years, in the case of guidance on best practices under subsection (b)(4); and
as appropriate.
Elements
The strategy required by subsection (a) shall include the following:
A discussion addressing—
continuing and emerging threats to the resilience of United States coral reef ecosystems;
remaining gaps in coral reef ecosystem research, monitoring, and assessment;
the status of management cooperation and integration among Federal reef managers and covered reef managers;
the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, data sets, and maps;
areas of special focus, which may include—
improving natural coral recruitment;
preventing avoidable losses of corals and their habitat;
enhancing the resilience of coral populations;
supporting a resilience-based management approach;
developing, coordinating, and implementing watershed management plans;
building and sustaining watershed management capacity at the local level;
providing data essential for coral reef fisheries management;
building capacity for coral reef fisheries management;
increasing understanding of coral reef ecosystem services;
educating the public on the importance of coral reefs, threats and solutions; and
evaluating intervention efficacy;
the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, covered reef managers;
science-based adaptive management and restoration efforts; and
management of coral reef emergencies and disasters.
A statement of national goals and objectives designed to guide—
future Federal coral reef management and restoration activities authorized under section 6402 of this title;
conservation and restoration priorities for grants awarded under section 6410 of this title; and
research priorities for the reef research coordination institutes designated under section 6412(b)(1)(B) 1 of this title.
A designation of priority areas for conservation, and priority areas for restoration, to support the review and approval of grants under section 6410(e) of this title.
Technical assistance in the form of general templates for use by covered reef managers and Federal reef managers to guide the development of coral reef action plans under section 6404 of this title, including guidance on the best science-based practices to respond to coral reef emergencies that can be included in coral reef action plans.
Consultations
In developing all elements of the strategy required by subsection (a), the Administrator shall—
consult with the Secretary of the Interior, the Task Force, covered States, and covered Native entities;
consult with the Secretary of Defense, as appropriate;
engage stakeholders, including covered States, coral reef stewardship partnerships, reef research institutes and research centers described in section 6412 1 of this title, and recipients of grants under section 6410 of this title; and
solicit public review and comment regarding scoping and the draft strategy.
Submission to Congress; publication
The Administrator shall—
submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and
publish the strategy and any such revisions on public websites of—
the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and
the Task Force.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coral Reef Conservation Act of 2000
Pub. L. 106–562 title II § 204 · 114 Stat. 2794
Enacted · 16 U.S.C. § 6403
(Pub. L. 106–562, title II, § 204, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3933.)
Source evidence
Code source credit
(Pub. L. 106–562, title II, § 204, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3933.)Enacted provision · exact public law section
SEC. 204. CORAL REEF CONSERVATION PROGRAM. (a) Grants.— The Secretary, through the Administrator and subject to the availability of funds, shall provide grants of financial assistance for projects for the conservation of coral reefs (hereafter in this title referred to as “coral conservation projects”), for proposals approved by the Administrator in accordance with this section. (b) Matching Requirements.— (1) Fifty percent.— Except as provided in paragraph (2), Federal funds for any coral conservation project under this section may not exceed 50 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. (2) Waiver.— The Administrator may waive all or part of the matching requirement under paragraph (1) if the Administrator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. (c) Eligibility.— Any natural resource management authority of a State or other government authority with jurisdiction over coral reefs or whose activities directly or indirectly affect coral reefs, or coral reef ecosystems, or educational or nongovernmental institutions with demonstrated expertise in the conservation of coral reefs, may submit to the Administrator a coral conservation proposal under subsection (e). (d) Geographic and Biological Diversity.— The Administrator shall ensure that funding for grants awarded under subsection (b) during a fiscal year are distributed in the following manner: (1) No less than 40 percent of funds available shall be awarded for coral conservation projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States. (2) No less than 40 percent of the funds available shall be awarded for coral conservation projects in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States. (3) Remaining funds shall be awarded for projects that address emerging priorities or threats, including international priorities or threats, identified by the Administrator. When identifying emerging threats or priorities, the Administrator may consult with the Coral Reef Task Force. (e) Project Proposals.— Each proposal for a grant under this section shall include the following: (1) The name of the individual or entity responsible for conducting the project. (2) A description of the qualifications of the individuals who will conduct the project. (3) A succinct statement of the purposes of the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted. (6) Information regarding the source and amount of matching funding available to the applicant. (7) A description of how the project meets one or more of the criteria in subsection (g). (8) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for funding under this title. (f) Project Review and Approval.— (1) In general.— The Administrator shall review each coral conservation project proposal to determine if it meets the criteria set forth in subsection (g). (2) Review; approval or disapproval.— Not later than 6 months after receiving a project proposal under this section, the Administrator shall— (A) request and consider written comments on the proposal from each Federal agency, State government, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally-established priorities; (B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review; (C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and (D) provide written notification of that approval or disapproval to the person who submitted the proposal, and each of those States and other government jurisdictions that provided comments under subparagraph (A). (g) Criteria for Approval.— The Administrator may not approve a project proposal under this section unless the project is consistent with the coral reef action strategy under section 203 and will enhance the conservation of coral reefs by— (1) implementing coral conservation programs which promote sustainable development and ensure effective, long-term conservation of coral reefs; (2) addressing the conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products; (3) enhancing compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems; (4) developing sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems, including factors that cause coral disease; (5) promoting and assisting to implement cooperative coral reef conservation projects that involve affected local communities, nongovernmental organizations, or others in the private sector; (6) increasing public knowledge and awareness of coral reef ecosystems and issues regarding their long term conservation; (7) mapping the location and distribution of coral reefs; (8) developing and implementing techniques to monitor and assess the status and condition of coral reefs; (9) developing and implementing cost-effective methods to restore degraded coral reef ecosystems; or (10) promoting ecologically sound navigation and anchorages near coral reefs. (h) Project Reporting.— Each grantee under this section shall provide periodic reports as required by the Administrator. Each report shall include all information required by the Administrator for evaluating the progress and success of the project. (i) Coral Reef Task Force.— The Administrator may consult with the Coral Reef Task Force to obtain guidance in establishing coral conservation project priorities under this section. (j) Implementation Guidelines.— Within 180 days after the Deadline. date of the enactment of this Act, the Administrator shall promulgate necessary guidelines for implementing this section. In developing those guidelines, the Administrator shall consult with State, regional, and local entities involved in setting priorities for conservation of coral reefs and provide for appropriate public notice and opportunity for comment.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 6412 of this title, referred to in subsecs. (b)(2)(C) and (c)(3), probably should be a reference to section 6411 of this title which relates to reef research coordination institutes and coral reef research centers. Subsec. (b)(1)(B) of section 6412 of this title probably should be a reference to section 6411(a)(1) of this title which requires the designation of reef research coordination institutes. Section 6412(b) does not contain a par. (1)(B).
Prior Provisions
A prior section 6403, Pub. L. 106–562, title II, § 204, , 114 Stat. 2801, related to coral reef conservation program, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), , 136 Stat. 3931.
Credits
(Pub. L. 106–562, title II, § 204, as added Pub. L. 117–263, div. J, title C, § 10001(a), , 136 Stat. 3933.)