CHAPTER 83A—CORAL REEF CONSERVATION, MANAGEMENT, AND ASSISTANCE

SUBCHAPTER I—UNITED STATES CORAL REEF TASK FORCE

        

SUBCHAPTER II—DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

        

SUBCHAPTER III—SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP

        

SUBCHAPTER I—UNITED STATES CORAL REEF TASK FORCE

§6451. Establishment

There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the "United States Coral Reef Task Force" (in this subchapter referred to as the "Task Force").

(Pub. L. 117–263, div. J, title C, §10011, Dec. 23, 2022, 136 Stat. 3951.)

§6452. Duties

The duties of the Task Force shall be—

(1) to coordinate, in cooperation with covered States, covered Native entities, Federal reef managers, covered reef managers, coral reef research centers designated under section 6411(b) of this title (as added by this division), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;

(2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in—

(A) Executive Order 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and

(B) the National Coral Reef Resilience Strategy;

(3) to work in coordination with the other members of the Task Force—

(A) to assess the United States role in international trade and protection of coral species;

(B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and

(C) to collaborate with international communities successful in managing coral reefs;

(4) to provide technical assistance for the development and implementation, as appropriate, of—

(A) the National Coral Reef Resilience Strategy; and

(B) coral reef action plans under section 6404 of this title; and

(5) to produce a report each year, for submission to the appropriate congressional committees and publication on the public website of the Task Force, highlighting the status of the coral reef resources of a covered State on a rotating basis, including—

(A) a summary of recent coral reef management and restoration activities undertaken in that State; and

(B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef resources.

(Pub. L. 117–263, div. J, title C, §10012, Dec. 23, 2022, 136 Stat. 3952.)

Editorial Notes

References in Text

This division, referred to in par. (1), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.

Executive Order 13089, referred to in par. (2)(A), is Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, which is set out as a note under section 6401 of this title.

Section 6404 of this title, referred to in par. (4)(B), was in the original "section 205 of that Act" and was translated as meaning section 205 of title II of Pub. L. 106–562, known as the Coral Reef Conservation Act of 2000, to reflect the probable intent of Congress.

§6453. Membership

(a) Voting membership

The voting members of the Task Force shall be—

(1) the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Interior, who shall be co-chairpersons of the Task Force;

(2) such representatives from other Federal agencies as the President, in consultation with the Under Secretary, determines appropriate; and

(3) the Governor, or a representative of the Governor, of each covered State.

(b) Nonvoting members

The Task Force shall have the following nonvoting members:

(1) A member of the South Atlantic Fishery Management Council who is designated by the Governor of Florida under section 1852(b)(1) of this title.

(2) A member of the Gulf of Mexico Fishery Management Council who is designated by the Governor of Florida under such section.

(3) A member of the Western Pacific Fishery Management Council who is designated under such section and selected as follows:

(A) For the period beginning on December 23, 2022, and ending on December 31 of the calendar year during which such date occurs, the member shall be selected jointly by the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

(B) For each calendar year thereafter, the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating basis, take turns selecting the member.

(4) A member of the Caribbean Fishery Management Council who is designated under such section and selected as follows:

(A) For the period beginning on December 23, 2022, and ending on December 31 of the calendar year during which such date occurs, the member shall be selected jointly by the Governors of Puerto Rico and the United States Virgin Islands.

(B) For each calendar year thereafter, the Governors of Puerto Rico and the United States Virgin Islands shall, on an alternating basis, take turns selecting the member.

(5) A member appointed by the President of the Federated States of Micronesia.

(6) A member appointed by the President of the Republic of the Marshall Islands.

(7) A member appointed by the President of the Republic of Palau.

(Pub. L. 117–263, div. J, title C, §10013, Dec. 23, 2022, 136 Stat. 3952.)

§6454. Responsibilities of Federal agency members

(a) In general

A member of the Task Force described in section 6453(a) of this title shall—

(1) identify the actions of the agency that member represents that may affect coral reef ecosystems;

(2) use the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;

(3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and

(4) engage in any other coordinated efforts approved by the Task Force.

(b) Co-chairpersons

In addition to their responsibilities under subsection (a), the co-chairpersons of the Task Force shall perform the administrative functions of the Task Force and facilitate the coordination of the members of the Task Force described in section 6453(a) of this title.

(c) Briefing

Not less than 30 days before each meeting of the Task Force, the program offices of the National Oceanic and Atmospheric Administration responsible for implementing this title shall provide a briefing to the relevant congressional committees on efforts and spending associated with such implementation.

(Pub. L. 117–263, div. J, title C, §10014, Dec. 23, 2022, 136 Stat. 3953.)

Editorial Notes

References in Text

This title, referred to in subsec. (c), means title C of division J of Pub. L. 117–263, which enacted this chapter and sections 6401 to 6415 of this title, amended section 7504 of this title, repealed sections 6401 to 6409 of this title, and enacted provisions set out as a note under section 6401 of this title. For complete classification of title C to the Code, see Tables.

§6455. Working groups

(a) In general

The co-chairpersons of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.

(b) Requests from members

The members of the Task Force may request that the co-chairpersons establish a working group under subsection (a).

(c) Participation by nongovernmental organizations

The co-chairpersons may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).

(d) Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) ¹ shall not apply to working groups established under this section.

(Pub. L. 117–263, div. J, title C, §10015, Dec. 23, 2022, 136 Stat. 3954.)

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially 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 preceding section 101 of Title 5.

¹ See References in Text note below.

§6456. Definitions

In this subchapter:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Environment and Public Works of the Senate;

(C) the Committee on Energy and Natural Resources of the Senate; and

(D) the Committee on Natural Resources of the House of Representatives.

(2) Conservation, coral, coral reef, etc.

The terms "conservation", "coral", "coral reef", "coral reef ecosystem", "covered reef manager", "covered State", "Federal reef manager", "National Coral Reef Resilience Strategy", "restoration", "resilience", and "State" have the meanings given those terms in section 6415 of this title, as added by this division.

(Pub. L. 117–263, div. J, title C, §10016, Dec. 23, 2022, 136 Stat. 3954.)

Editorial Notes

References in Text

This division, referred to in par. (2), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.

SUBCHAPTER II—DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

§6471. Coral reef conservation and restoration assistance

(a) In general

The Secretary of the Interior may provide scientific expertise and technical assistance, and subject to the availability of appropriations, financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including—

(1) the National Coral Reef Resilience Strategy; and

(2) coral reef action plans in effect under section 205 of the Coral Reef Conservation Act of 2000 [16 U.S.C. 6404], as added by this division, as applicable.

(b) Coral Reef Initiative

The Secretary may establish a Coral Reef Initiative Program—

(1) to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in—

(A) coastal areas of covered States; and

(B) Freely Associated States;

(2) to enhance resource availability of National Park Service and National Wildlife Refuge System management units to implement coral reef conservation and restoration activities;

(3) to complement the other conservation and assistance activities conducted under this Act or the Coral Reef Conservation Act of 2000 [16 U.S.C. 6401 et seq.], as amended by section 10001; and

(4) to provide other technical, scientific, and financial assistance and conduct conservation and restoration activities that advance the purposes of this title and the Coral Reef Conservation Act of 2000, as amended by this division.

(c) Consultation with the Department of Commerce

(1) Coral reef conservation and restoration activities

The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000 [16 U.S.C. 6402(c)(2), (3)], as added by this division.

(2) Award of Coral Reef Management Fellowship

The Secretary of the Interior shall consult with the Secretary of Commerce to award the Susan L. Williams Coral Reef Management Fellowship under subchapter III of this chapter.

(d) Cooperative agreements

Subject to the availability of appropriations, the Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that—

(1) are consistent with the National Coral Reef Resilience Strategy; and

(2) support and enhance the success of coral reef action plans in effect under section 205 of the Coral Reef Conservation Act of 2000 [16 U.S.C. 6404], as added by this division.

(e) Definitions

In this section:

(1) Conservation, coral, coral reef, etc.

The terms "conservation", "coral reef", "covered reef manager", "covered State", "National Coral Reef Resilience Strategy", "restoration", and "State" have the meanings given those terms in section 216 of the Coral Reef Conservation Act of 2000 [16 U.S.C. 6415], as added by this division.

(2) Tribe; Tribal

The terms "Tribe" and "Tribal" refer to Indian Tribes (as defined in section 5130 of title 25).

(Pub. L. 117–263, div. J, title C, §10021, Dec. 23, 2022, 136 Stat. 3954.)

Editorial Notes

References in Text

This division, referred to in subsecs. (a)(2), (b)(4), (c)(1), (d)(2), and (e)(1), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.

This Act, referred to in subsec. (b)(3), is Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 2395, known as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. For complete classification of this Act to the Code, see Tables.

The Coral Reef Conservation Act of 2000, referred to in subsec. (b)(3), (4), is Pub. L. 106–562, title II, §201, Dec. 23, 2000, 114 Stat. 2800, which is classified generally to chapter 83 (§6401 et seq.) of this title. The Act was amended by section 10001 of div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3931. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.

This title, referred to in subsec. (b)(4), means title C of division J of Pub. L. 117–263, which enacted this chapter and sections 6401 to 6415 of this title, amended section 7504 of this title, repealed sections 6401 to 6409 of this title, and enacted provisions set out as a note under section 6401 of this title. For complete classification of title C to the Code, see Tables.

SUBCHAPTER III—SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP

§6481. Susan L. Williams National Coral Reef Management Fellowship

(a) Definitions

In this section:

(1) Alaska Native Corporation

The term "Alaska Native Corporation" has the meaning given the term "Native Corporation" in section 1602 of title 43.

(2) Fellow

The term "fellow" means a National Coral Reef Management Fellow.

(3) Fellowship

The term "fellowship" means the National Coral Reef Management Fellowship established in subsection (c).

(4) Covered Native entity

The term "covered Native entity" has the meaning given the term in section 6415 of this title, as added by this division.

(5) Covered State

The term "covered State" has the meaning given the term in section 6415 of this title, as added by this division.

(6) Native entity

The term "Native entity" has the meaning given the term in section 6415 of this title, as added by this division.

(7) Secretary

The term "Secretary" means the Secretary of Commerce.

(b) Establishment of fellowship program

(1) In general

There is established a National Coral Reef Management Fellowship Program.

(2) Purposes

The purposes of the fellowship are—

(A) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;

(B) to provide management agencies of covered States and covered Native entities with highly qualified candidates whose education and work experience meet the specific needs of each covered State or covered Native entity; and

(C) to provide fellows with professional experience in management of coastal and coral reef resources.

(c) Fellowship awards

(1) In general

The Secretary, in consultation with the Secretary of the Interior, shall award a fellowship in accordance with this subsection.

(2) Term of fellowship

A fellowship awarded under this subsection shall be for a term of not more than 2 years.

(3) Qualifications

The Secretary, in consultation with the Secretary of the Interior, shall award a fellowship to individuals who have demonstrated—

(A) an intent to pursue a career in marine services and outstanding potential for such a career;

(B) leadership potential, actual leadership experience, or both;

(C) possession of a college or graduate degree in biological science, a college or graduate degree in resource management with experience that correlates with aptitude and interest for marine management, or both;

(D) proficient writing and speaking skills; and

(E) such other attributes as the Secretary, in consultation with the Secretary of the Interior, considers appropriate.

(d) Matching requirement

(1) In general

Except as provided in paragraph (2), the non-Federal share of the costs of a fellowship under this section shall be 25 percent of such costs.

(2) Waiver of matching requirement

The Secretary may waive the application of paragraph (1) to a fellowship if the Secretary finds that such waiver is necessary to support a project that the Secretary has identified as a high priority.

(Pub. L. 117–263, div. J, title C, §10031, Dec. 23, 2022, 136 Stat. 3955.)

Editorial Notes

References in Text

This division, referred to in subsec. (a)(4) to (6), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Tables.