16 U.S.C. § 6408 — Emergency assistance

Page 2586 TITLE 16—CONSERVATION § 6408 cant component of a coral reef to be im- pacted by such activities, if applicable. (4) Investment of amounts (A) Investment of amounts The Foundation shall invest such portion of the Fund as is not required to meet cur- rent withdrawals in interest-bearing obliga- tions 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 a con- tinuing review of all deposits into, and dis- bursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has imple- mented the goals and requirements of— (A) this section; and (B) the National Coral Reef Resilience Strategy. (c) Authorization to solicit donations (1) In general Pursuant to an agreement entered into under subsection (a), the Foundation may ac- cept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, donations of services) to fur- ther 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. (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 re- ceived 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. (Pub. L. 106–562, title II, § 208, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3939.) Editorial Notes PRIOR PROVISIONS A prior section 6407, Pub. L. 106–562, title II, § 208, Dec. 23, 2000, 114 Stat. 2804, required submission of reports documenting the effectiveness of the coral reef con- servation grant program and describing activities un- dertaken to implement the national coral reef strat- egy, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931. § 6408. Emergency assistance (a) In general Notwithstanding any other provision of law, from funds appropriated pursuant to the author- ization of appropriations under section 6414 of this title, the Administrator may provide emer- gency assistance to any covered State or coral reef stewardship partnership to respond to im- mediate harm to coral reefs or coral reef eco- systems arising from any of the exigent cir- cumstances 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 Adminis- trator 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 Appropria- tions of the House of Representatives a report that— (1) describes locations with exigent cir- cumstances 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 re- ceived the assistance, and the current and expected outcomes from the assistance; (B) a description of activities of the Na- tional Oceanic and Atmospheric Administra- tion that were curtailed as a result of pro- viding the emergency assistance; and (C) an assessment of whether further ac- tion is needed to restore the affected coral reef, recommendations for such restoration, and a cost estimate to implement such rec- ommendations. (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.) Editorial Notes PRIOR PROVISIONS 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. § 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.