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Title 16 — Conservation

Chapter 83 — Coral Reef Conservation

§ 6409. Coral Reef Disaster Fund

Statutory text

(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.

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.

  1. Coral Reef Conservation Act of 2000

    Pub. L. 106–562 title II § 210 · 114 Stat. 2794

    Enacted · 16 U.S.C. § 6409

    (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.)

    Source evidence

    Code source credit
    (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.)

    Enacted provision · exact public law section
    SEC. 210. DEFINITIONS. In this title: (1) Administrator.— The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Conservation.— The term “conservation” means the use of methods and procedures necessary to preserve or sustain corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems, including all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management of habitat; mapping; habitat monitoring; assistance in the development of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); law enforcement; conflict resolution initiatives; community outreach and education; and that promote safe and ecologically sound navigation. (3) Coral.— The term “coral” means species of the phylum Cnidaria, including— (A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), and Coenothecalia (blue coral), of the class Anthozoa; and (B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (4) Coral reef.— The term “coral reef” means any reefs or shoals composed primarily of corals. (5) Coral reef ecosystem.— The term “coral reef ecosystem” means coral and other species of reef organisms (including reef plants) associated with coral reefs, and the nonliving environmental factors that directly affect coral reefs, that together function as an ecological unit in nature. (6) Coral products.— The term “coral products” means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (3). (7) Secretary.— The term “Secretary” means the Secretary of Commerce. (8) State.— The term “State” means any State of the United States that contains a coral reef ecosystem within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States, or separate sovereign in free association with the United States, that contains a coral reef ecosystem within its seaward boundaries.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 6409, Pub. L. 106–562, title II, § 210, , 114 Stat. 2805, provided definitions for the chapter, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), , 136 Stat. 3931.

Credits

(Pub. L. 106–562, title II, § 210, as added Pub. L. 117–263, div. J, title C, § 10001(a), , 136 Stat. 3941.)

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USLM identifier /us/usc/t16/s6409