16 U.S.C. § 6405 — Coral reef stewardship partnerships

Page 2584 TITLE 16—CONSERVATION § 6405 (iv) contingencies for response to and re- covery from emergencies and disasters; and (B) may contain a discussion of— (i) 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 moni- toring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager; (ii) a current adaptive management frame- work to inform research, monitoring, and as- sessment needs; (iii) 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 (iv) a data management plan to ensure data, assessments, and accompanying infor- mation 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 as- sistance 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 Ad- ministration. (Pub. L. 106–562, title II, § 205, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3935.) Editorial Notes REFERENCES IN TEXT The Administrative Procedure Act, referred to in sub- sec. (a)(4), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former Title 5, Executive Departments and Government Offi- cers and Employees, and which was repealed and reen- acted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organi- zation and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. See Short Title note preceding section 551 of Title 5. PRIOR PROVISIONS A prior section 6404, Pub. L. 106–562, title II, § 205, Dec. 23, 2000, 114 Stat. 2803, related to creation of a coral reef conservation fund, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931. § 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— (1) standards for identifying individual coral reefs and ecologically significant units of coral reefs; and (2) processes for adjudicating multiple appli- cants 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 ac- tivities, a coral reef or ecologically significant unit of a coral reef that is fully or partially under the management jurisdiction of any Fed- eral agency specified in section 6402(c) of this title shall, at a minimum, include the following: (1) That Federal agency, a representative of which shall serve as chairperson of the coral reef stewardship partnership. (2) A State or county’s resource manage- ment agency to the extent that such partner- ship covers a reef within such States or coun- ty’s jurisdiction. (3) A coral reef research center designated under section 6411(b) of this title. (4) A nongovernmental organization. (5) A covered Native entity culturally affili- ated with the subject reef or ecologically sig- nificant unit, if any. (6) Such other members as the partnership considers appropriate, such as interested stakeholder groups and covered Native enti- ties. (d) Membership for non-Federal coral reefs (1) In general A coral reef stewardship partnership that has identified, as the subject of its steward- ship activities, a coral reef or ecologically sig- nificant 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 fol- lowing: (A) A State or county’s resource manage- ment agency or a covered Native entity, a representative of which shall serve as the chairperson of the coral reef stewardship partnership. (B) A coral reef research center designated under section 6411(b) of this title. (C) A nongovernmental organization. (D) Such other members as the partnership considers appropriate, such as interested stakeholder groups. (2) Additional members (A) In general Subject to subparagraph (B), a coral reef stewardship partnership described in para- graph (1) may also include representatives of one or more Federal agencies. (B) Requests; approval A representative of a Federal agency de- scribed in subparagraph (A) may become a member of a coral reef stewardship partner- ship described in paragraph (1) if— (i) the representative submits a request to become a member to the chairperson of Page 2585 TITLE 16—CONSERVATION § 6407 1 See References in Text note below. the partnership referred to in paragraph (1)(A); and (ii) the chairperson consents to the re- quest. (e) Nonapplicability of Federal Advisory Com- mittee Act The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to coral reef stewardship partnerships under this section. (Pub. L. 106–562, title II, § 206, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3937.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially 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 pre- ceding section 101 of Title 5. PRIOR PROVISIONS A prior section 6405, Pub. L. 106–562, title II, § 206, Dec. 23, 2000, 114 Stat. 2804, related to emergency assistance, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931. § 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 implemen- tation 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 Adminis- trator shall review each covered State’s applica- tion for block grant funding to ensure that ap- plications are consistent with applicable action plans and the National Coral Reef Resilience Strategy. (b) Responsibilities of the Administrator The Administrator is responsible for— (1) providing guidance on the proper docu- mentation of expenditures authorized under this chapter; (2) issuing annual solicitations to covered States for awards under this section; and (3) 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 docu- menting and reporting— (1) such State’s use of Federal funds received under this chapter; and (2) such expenditures of non-Federal funds made in furtherance of coral reef management and restoration as the Administrator deter- mines appropriate. (d) Cooperative agreements Subject to the availability of appropriations, the Administrator may seek to enter into a co- operative agreement with a covered State to fund coral reef conservation and restoration ac- tivities in waters managed under the jurisdic- tion of such covered State that are consistent with the National Coral Reef Resilience Strat- egy and any applicable action plan under section 6404 of this title. (e) All Islands Committee The Administrator may enter into a coopera- tive agreement with the All Islands Committee of the Task Force to provide support for its ac- tivities. (Pub. L. 106–562, title II, § 207, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3938.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1) and (c)(1), was in the original ‘‘this Act’’ which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 106–562, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 6406, Pub. L. 106–562, title II, § 207, Dec. 23, 2000, 114 Stat. 2804, related to national program to conserve coral reefs and coral reef ecosystems, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931. § 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 (1) In general The Foundation shall establish an account, which shall— (A) be known as the ‘‘Coral Reef Steward- ship Fund’’ (in this section referred to as the ‘‘Fund’’); and (B) 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. (2) Deposits The Foundation shall deposit funds received under this section into the Fund. (3) Purposes The Fund shall be available solely to sup- port coral reef stewardship activities that— (A) further the purposes of this chapter; and (B) are 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 cov- ering a coral reef or ecologically signifi-