CHAPTER 83 - CORAL REEF CONSERVATION
Title 16 > CHAPTER 83
Sections (15)
§ 6401 Purposes
The purposes of this chapter are— to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, changing ocean chemistry, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing; to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal and non-Federal stakeholders responsible for managing coral reef resources; to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration; to assist in the preservation of coral reefs by supporting science-based, consensus-driven, and community-based coral reef management by covered States and covered Native entities, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations; to provide financial resources, technical assistance, and scientific expertise to supplement, complement, and strengthen community-based management programs and conservation and restoration projects of non-Federal reefs; to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects; to support rapid, effective, and science-based assessment and response to exigent circumstances that pose immediate and long-term threats to coral reefs, including— coral disease outbreaks; invasive or nuisance species; coral bleaching; natural disasters; and industrial or mechanical disasters, including vessel groundings, hazardous spills, and coastal construction accidents; and to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems. ( Pub. L. 106–562, title II, § 202 , as added Pub. L. 117–263, div. J, title C, § 10001(a) , Dec. 23, 2022 , 136 Stat. 3931 .)
§ 6402 Federal coral reef management and restoration activities
(a) In general The Administrator, the Secretary of the Interior, or the Secretary of Commerce may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with— all applicable laws governing resource management in Federal and State waters, including this chapter; the National Coral Reef Resilience Strategy; and coral reef action plans in effect under section 6404 of this title , as applicable.
(b) Activities described Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including— developing, including through the collection of requisite in situ and remotely sensed data, high-quality and digitized maps reflecting— current and historical live coral cover data; coral reef habitat quality data; priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix, that benefit coastal communities and living marine resources; priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix, to benefit coastal communities and living marine resources; and areas of concern that may require enhanced monitoring of coral health and cover; enhancing compliance with Federal laws that prohibit or regulate— the taking of coral products or species associated with coral reefs; or the use and management of coral reef ecosystems; long-term ecological monitoring of coral reef ecosystems; implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); restoring degraded coral reef ecosystems; reducing land-based stressors to coral reef ecosystems; promoting ecologically sound navigation and anchorages, including through navigational aids and expansion of reef-safe anchorages and mooring buoy systems, to enhance recreational access while preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs; monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including hazardous spill cleanup and the removal of grounded vessels; conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs; enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems and their ecological and socioeconomic value; and centrally archiving, managing, and distributing on a public website data sets and coral reef ecosystem assessments, including the data repositories of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.
(c) Federal agencies specified A Federal agency specified in this subsection is one of the following: The National Oceanic and Atmospheric Administration. The National Park Service. The United States Fish and Wildlife Service. The Office of Insular Affairs.
§ 6403 National coral reef resilience strategy
(a) In general The Administrator shall— not later than 2 years after December 23, 2022 , 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.
(b) 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.
(c) 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.
(d) 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.
§ 6404 Coral reef action plans
(a) Plans prepared by Federal reef managers Not later than 3 years after December 23, 2022 , and 2 years after the date of publication of each National Coral Reef Resilience Strategy, each Federal reef manager shall— prepare a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager; or in the case of a reef under the jurisdiction of a Federal reef manager for which there is an action plan in effect as of December 23, 2022 , update that plan to comply with the requirements of this subsection. A plan prepared under paragraph (1) by a Federal reef manager shall include a discussion of the following: Short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager. A current adaptive management framework to inform research, monitoring, and assessment needs. Tools, strategies, and partnerships necessary to identify, monitor, and address pollution, water quality, and other negative impacts to coral reef ecosystems within the jurisdiction of the manager. The status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager. Estimated budgetary and resource considerations necessary to carry out the plan. Contingencies for response to and recovery from emergencies and disasters. In the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources. Documentation by the Federal reef manager that the plan is consistent with the National Coral Reef Resilience Strategy. A data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable. Each Federal reef manager shall submit a plan prepared under paragraph (1) to the Task Force. Each plan prepared under paragraph (1) shall be subject to the requirements of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”).
(b) Plans prepared by covered reef managers A covered reef manager may elect to prepare, submit to the Task Force, and maintain a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager. A plan prepared under this subsection shall remain in effect for 5 years, or until an updated plan is submitted to the Task Force, whichever occurs first. A plan prepared under paragraph (1) by a covered reef manager— shall contain a discussion of— short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager; estimated budgetary and resource considerations necessary to carry out the plan; in the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources; and contingencies for response to and recovery from emergencies and disasters; and the status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager; a current adaptive management framework to inform research, monitoring, and assessment needs; tools, strategies, and partnerships necessary to identify, monitor, and address pollution and water quality impacts to coral reef ecosystems within the jurisdiction of the manager; and a data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.
(c) Technical assistance The Administrator and the Task Force shall make reasonable efforts to provide technical assistance upon request by a Federal reef manager or covered reef manager developing a coral reef action plan under this section.
(d) Publication The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on the public website of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.
§ 6405 Coral reef stewardship partnerships
(a) In general To further community-based stewardship of coral reefs, coral reef stewardship partnerships for Federal and non-Federal coral reefs may be established in accordance with this section.
(b) Standards and procedures The Administrator shall develop and adopt— standards for identifying individual coral reefs and ecologically significant units of coral reefs; and processes for adjudicating multiple applicants for stewardship of the same coral reef or ecologically significant unit of a reef to ensure no geographic overlap in representation among stewardship partnerships authorized by this section.
(c) Membership for Federal coral reefs A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant unit of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 6402(c) of this title shall, at a minimum, include the following: That Federal agency, a representative of which shall serve as chairperson of the coral reef stewardship partnership. A State or county’s resource management agency to the extent that such partnership covers a reef within such States or county’s jurisdiction. A coral reef research center designated under section 6411(b) of this title . A nongovernmental organization. A covered Native entity culturally affiliated with the subject reef or ecologically significant unit, if any. Such other members as the partnership considers appropriate, such as interested stakeholder groups and covered Native entities.
(d) Membership for non-Federal coral reefs A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 6402(c) of this title shall, at a minimum, include the following: A State or county’s resource management agency or a covered Native entity, a representative of which shall serve as the chairperson of the coral reef stewardship partnership. A coral reef research center designated under section 6411(b) of this title . A nongovernmental organization. Such other members as the partnership considers appropriate, such as interested stakeholder groups. Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies. A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if— the representative submits a request to become a member to the chairperson of the partnership referred to in paragraph (1)(A); and the chairperson consents to the request.
(e) Nonapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to coral reef stewardship partnerships under this section.
§ 6406 Block grants
(a) In general In each fiscal year beginning in fiscal year 2023 and subject to the availability of appropriations, the Administrator shall provide block grants of financial assistance of not less than $500,000 to each covered State to support management and restoration activities and further the implementation of coral reef action plans in effect under section 6404 of this title by covered States and non-Federal coral reef stewardship partnerships in accordance with this section. The Administrator shall review each covered State’s application for block grant funding to ensure that applications are consistent with applicable action plans and the National Coral Reef Resilience Strategy.
(b) Responsibilities of the Administrator The Administrator is responsible for— providing guidance on the proper documentation of expenditures authorized under this chapter; issuing annual solicitations to covered States for awards under this section; and determining the appropriate allocation of additional amounts among covered States in accordance with this section.
(c) Responsibilities of covered States Each covered State is responsible for documenting and reporting— such State’s use of Federal funds received under this chapter; and such expenditures of non-Federal funds made in furtherance of coral reef management and restoration as the Administrator determines appropriate.
(d) Cooperative agreements Subject to the availability of appropriations, the Administrator may seek to enter into a cooperative agreement with a covered State to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such covered State that are consistent with the National Coral Reef Resilience Strategy and any applicable action plan under section 6404 of this title .
(e) All Islands Committee The Administrator may enter into a cooperative agreement with the All Islands Committee of the Task Force to provide support for its activities.
§ 6407 Coral Reef Stewardship Fund
(a) Agreement 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 The Foundation shall establish an account, which shall— be known as the “Coral Reef Stewardship Fund” (in this section referred to as the “Fund”); and serve as the successor to the account known before December 23, 2022 , as the Coral Reef Conservation Fund and administered through a public-private partnership with the Foundation. The Foundation shall deposit funds received under this section into the Fund. The Fund shall be available solely to support coral reef stewardship activities that— further the purposes of this chapter; and are consistent with— the National Coral Reef Resilience Strategy; and coral reef action plans in effect, if any, under section 6404 of this title covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable. 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. 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. The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of— this section; and the National Coral Reef Resilience Strategy.
(c) Authorization to solicit donations 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. Notwithstanding section 3302 of title 31 , any funds received as a gift shall be deposited and maintained in the Fund.
(d) Administration Under an agreement entered into pursuant to subsection (a), and subject to the availability of appropriations, the Administrator may transfer funds appropriated for such purposes to carry out this chapter to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or covered Native entities.
§ 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— new and ongoing outbreaks of disease; new and ongoing outbreaks of invasive or nuisance species; new and ongoing coral bleaching events; natural disasters; industrial or mechanical incidents, such as vessel groundings, hazardous spills, or coastal construction accidents; and 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— describes locations with exigent circumstances described in subsection (b) that were considered but declined for emergency assistance, and the rationale for the decision; and with respect to each instance in which emergency assistance under this section was provided— 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; a description of activities of the National Oceanic and Atmospheric Administration that were curtailed as a result of providing the emergency assistance; and 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.
§ 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 The Foundation shall establish an account, to be known as the “Coral Reef Disaster Fund” (in this section referred to as the “Fund”). The Foundation shall deposit funds received under this section into the Fund. 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 — in partnership with non-Federal stakeholders; and in a manner that is consistent with— the National Coral Reef Resilience Strategy; and coral reef action plans in effect, if any, under section 6404 of this title . 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. 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. 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 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. Notwithstanding section 3302 of title 31 , any funds received as a gift shall be deposited and maintained in the Fund.
§ 6410 Ruth D. Gates Coral Reef Conservation Grant Program
(a) In general Subject to the availability of appropriations, the Administrator shall establish a program (to be known as the “Ruth D. Gates Coral Reef Conservation Grant Program”) to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as “coral reef projects”) pursuant to proposals approved by the Administrator in accordance with this section.
(b) Matching requirements for grants Except as provided in paragraph (3), Federal funds for any coral reef project for which a grant is provided under subsection (a) may not exceed 50 percent of the total cost of the project. The non-Federal share of the cost of a coral reef project may be provided by in-kind contributions and other noncash support. 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 an applicant can meet the matching requirement with respect to a coral reef project and the probable benefit of the project outweighs the public interest in the matching requirement.
(c) Eligibility An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project. An entity described in this paragraph is— a covered reef manager or a covered Native entity; a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.); a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 6404 of this title ; a coral reef research center designated under section 6411(b) of this title ; or a nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.
(d) Project proposals Each proposal for a grant under this section for a coral reef project shall include the following: The name of the individual or entity responsible for conducting the project. A description of the qualifications of the individual or entity. A succinct statement of the purposes of the project. An estimate of the funds and time required to complete the project. Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted. Information regarding the source and amount of matching funding available to the applicant. A description of how the project meets one or more of the criteria under subsection (e)(2). In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 6404 of this title . Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.
(e) Project review and approval The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (f). The Administrator shall prioritize the awarding of funding for projects that meet the criteria for approval described in— subparagraphs (A) through (G) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator under the National Coral Reef Resilience Strategy; and subparagraphs (E) through (L) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator under the National Coral Reef Resilience Strategy. Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall— request and consider written comments on the proposal from each Federal agency, State government, covered Native entity, 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 or Marine National Monument, 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, unless such entities were directly involved in the development of the project proposal; provide for the merit-based peer review of the proposal and require standardized documentation of that peer review; after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer reviews, to the entity that submitted the proposal, and each of those States, covered Native entity, and other government jurisdictions that provided comments under subparagraph (A).
(f) Criteria for approval The Administrator may not approve a proposal for a coral reef project under this section unless the project— is consistent with— the National Coral Reef Resilience Strategy; and any Federal or non-Federal coral reef action plans in effect under section 6404 of this title covering a coral reef or ecologically significant unit of a coral reef to be affected by the project; and will enhance the conservation and restoration of coral reefs by— addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven and community-based planning and management initiatives for the protection of coral reef ecosystems; improving 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; designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development; promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs; furthering the goals and objectives of coral reef action plans in effect under section 6404 of this title ; mapping the location and distribution of coral reefs and potential coral reef habitat; 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 conserve and restore coral reef ecosystems; implementing research to ensure the population viability of coral species in United States waters listed as threatened or endangered under the Endangered Species Act of 1973 [ 16 U.S.C. 1531 et seq.] as detailed in the population-based recovery criteria included in species-specific recovery plans established under such Act; developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge; translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, changing ocean chemistry, coral bleaching, coral diseases, and invasive species; developing and maintaining in situ native coral propagation sites; or developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to— conserve or augment genetic diversity of native coral populations; support captive breeding of rare coral species; or enhance resilience of native coral populations to increasing ocean temperatures, changing ocean chemistry, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity.
(g) Funding requirements To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows: Not less than 40 percent of funds available shall be awarded for projects in areas of the Pacific Ocean subject to the jurisdiction or control of the United States. Not less than 40 percent of the funds available shall be awarded for projects in areas of the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea subject to the jurisdiction or control of the United States. To the extent there are viable applications made by eligible coral reef stewardship partners, not more than 67 percent of funds distributed in each region in accordance with paragraphs (1) and (2) may be made exclusively available to projects that are— submitted by a coral reef stewardship partnership; and consistent with the coral reef action plan in effect under section 6404 of this title by such a partnership. Of the funds distributed to support projects in accordance with paragraph (3), not less than 20 percent and not more than 33 percent shall be awarded for projects submitted by a Federal coral reef stewardship partnership, to the extent there are viable applications made by eligible Federal coral reef stewardship partnerships.
(h) Task Force The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.
§ 6411 Coral reef research
(a) Reef research coordination institutes 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. Each institute designated under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under subsection (b). The institutes designated under paragraph (1) shall— 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; 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 through agreements— collaborate directly with States, covered Native entities, covered coral reef managers, nonprofit organizations, and other coral reef research centers designated under subsection (b); assist in the development and implementation of— the National Coral Reef Resilience Strategy; and coral reef action plans under section 6404 of this title ; 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 conduct public education and awareness programs for policymakers, resource managers, and the general public on— coral reefs and coral reef ecosystems; best practices for coral reef ecosystem management and restoration; the value of coral reefs; and the threats to the sustainability of coral reef ecosystems.
(b) Coral reef research centers The Administrator shall— periodically solicit applications for designation of qualifying institutions in covered States as coral reef research centers; and designate all qualifying institutions in covered States as coral reef research centers. For purposes of paragraph (1), an institution is a qualifying institution if the Administrator determines that the institution— is operated by an institution of higher education or nonprofit marine research organization; has established management-driven national or regional coral reef research or restoration programs; has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, and other academic and nonprofit organizations; and maintains significant local community engagement and outreach programs related to coral reef ecosystems.
§ 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— 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; the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and the development of adaptation and management options for impacted tourism industries.
§ 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— a description of all activities undertaken to implement the National Coral Reef Resilience Strategy; a statement of all funds obligated under the authorities of this chapter; and 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— 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 the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.
§ 6414 Authorization of appropriations
(a) In general There is authorized to be appropriated to the Administrator 12,000,000 to carry out section 6406 of this title ; 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.
§ 6415 Definitions
In this chapter: The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. The term “Alaska Native Corporation” has the meaning given the term “Native Corporation” in section 1602 of title 43 . The term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. The term “conservation” means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including— all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity; mapping; scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources required by Federal law; law enforcement; conflict resolution initiatives; community outreach and education; and promotion of safe and ecologically sound navigation and anchoring. The term “coral” means species of the phylum Cnidaria, including— all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa. The term “coral products” means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species of coral. The term “coral reef” means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals. The term “coral reef ecosystem” means— corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and the biotic and abiotic factors and processes that control or significantly affect coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat. The term “coral reef ecosystem services” means the attributes and benefits provided by coral reef ecosystems including— protection of coastal beaches, structures, and infrastructure; habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value; serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and aesthetic value. The term “covered Native entity” means a Native entity with interests in a coral reef ecosystem. The term “covered reef manager” means— a management unit of a covered State with jurisdiction over a coral reef ecosystem; a covered State; or a coral reef stewardship partnership under section 6405 of this title . The term “covered State” means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. The term “Federal reef manager” means— a management unit of a Federal agency specified in subparagraph (B) with lead management jurisdiction over a coral reef ecosystem; or a coral reef stewardship partnership under section 6405(c) of this title . A Federal agency specified in this subparagraph is one of the following: The National Oceanic and Atmospheric Administration. The National Park Service. The United States Fish and Wildlife Service. The Office of Insular Affairs. The term “institution of higher education” has the meaning given that term in section 1001 of title 20 . The term “interested stakeholder groups” means any of the following with interest in an applicable coral reef or ecologically significant unit of a coral reef: A business. A commercial or recreational fisherman. A recreationalist. A Federal, State, Tribal, or local government unit with related jurisdiction. An institution of higher education (as such term is defined in section 1001(a) of title 20 . 1 A nongovernmental organization. The term “National Coral Reef Resilience Strategy” means the National Coral Reef Resilience Strategy in effect under section 6403 of this title . The term “Native entity” means any of the following: An Indian Tribe (as defined in section 5304 of title 25 ). An Alaska Native Corporation. The Department of Hawaiian Home Lands. The Office of Hawaiian Affairs. A Native Hawaiian organization (as defined in section 7517 of title 20 ). The term “nonprofit organization” means any corporation, trust, association, cooperative, or other organization, not including an institution of higher education, that— is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operations of the organization. The term “restoration” means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms. The term “resilience” means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services, as determined by clearly identifiable, measurable, and science-based standards. The term “Secretary” means the Secretary of Commerce. The term “State” means— any State of the United States that contains a coral reef ecosystem within its seaward boundaries; American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or 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. The term “stewardship”, with respect to a coral reef, includes conservation, restoration, and public outreach and education. The term “Task Force” means the United States Coral Reef Task Force established under section 6451 of this title . ( Pub. L. 106–562, title II, § 216 , as added Pub. L. 117–263, div. J, title C, § 10001(a) , Dec. 23, 2022 , 136 Stat. 3948 .)