§ 1461. — National Estuarine Research Reserve System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1461]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1461. National Estuarine Research Reserve System
(a) Establishment of System
There is established the National Estuarine Research Reserve System
(hereinafter referred to in this section as the ``System'') that
consists of--
(1) each estuarine sanctuary designated under this section as in
effect before April 7, 1986; and
(2) each estuarine area designated as a national estuarine
reserve under subsection (b) of this section.
Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve.
(b) Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate an estuarine area
as a national estuarine reserve if--
(1) the Governor of the coastal state in which the area is
located nominates the area for that designation; and
(2) the Secretary finds that--
(A) the area is a representative estuarine ecosystem that is
suitable for long-term research and contributes to the
biogeographical and typological balance of the System;
(B) the law of the coastal state provides long-term
protection for reserve resources to ensure a stable environment
for research;
(C) designation of the area as a reserve will serve to
enhance public awareness and understanding of estuarine areas,
and provide suitable opportunities for public education and
interpretation; and
(D) the coastal state in which the area is located has
complied with the requirements of any regulations issued by the
Secretary to implement this section.
(c) Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of research
within the System that shall include--
(1) a mechanism for identifying, and establishing priorities
among, the coastal management issues that should be addressed
through coordinated research within the System;
(2) the establishment of common research principles and
objectives to guide the development of research programs within the
System;
(3) the identification of uniform research methodologies which
will ensure comparability of data, the broadest application of
research results, and the maximum use of the System for research
purposes;
(4) the establishment of performance standards upon which the
effectiveness of the research efforts and the value of reserves
within the System in addressing the coastal management issues
identified in paragraph (1) may be measured; and
(5) the consideration of additional sources of funds for
estuarine research than the funds authorized under this chapter, and
strategies for encouraging the use of such funds within the System,
with particular emphasis on mechanisms established under subsection
(d) of this section.
In developing the guidelines under this section, the Secretary shall
consult with prominent members of the estuarine research community.
(d) Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote and
coordinate the use of the System for research purposes including--
(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting estuarine research, give
priority consideration to research that uses the System; and
(2) consulting with other Federal and State agencies to promote
use of one or more reserves within the System by such agencies when
conducting estuarine research.
(e) Financial assistance
(1) The Secretary may, in accordance with such rules and regulations
as the Secretary shall promulgate, make grants--
(A) to a coastal state--
(i) for purposes of acquiring such lands and waters, and any
property interests therein, as are necessary to ensure the
appropriate long-term management of an area as a national
estuarine reserve,
(ii) for purposes of operating or managing a national
estuarine reserve and constructing appropriate reserve
facilities, or
(iii) for purposes of conducting educational or interpretive
activities; and
(B) to any coastal state or public or private person for
purposes of supporting research and monitoring within a national
estuarine reserve that are consistent with the research guidelines
developed under subsection (c) of this section.
(2) Financial assistance provided under paragraph (1) shall be
subject to such terms and conditions as the Secretary considers
necessary or appropriate to protect the interests of the United States,
including requiring coastal states to execute suitable title documents
setting forth the property interest or interests of the United States in
any lands and waters acquired in whole or part with such financial
assistance.
(3)(A) The amount of the financial assistance provided under
paragraph (1)(A)(i) with respect to the acquisition of lands and waters,
or interests therein, for any one national estuarine reserve may not
exceed an amount equal to 50 percent of the costs of the lands, waters,
and interests therein or $5,000,000, whichever amount is less.
(B) The amount of the financial assistance provided under paragraph
(1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed 70 percent of
the costs incurred to achieve the purposes described in those paragraphs
with respect to a reserve; except that the amount of the financial
assistance provided under paragraph (1)(A)(iii) may be up to 100 percent
of any costs for activities that benefit the entire System.
(C) Notwithstanding subparagraphs (A) and (B), financial assistance
under this subsection provided from amounts recovered as a result of
damage to natural resources located in the coastal zone may be used to
pay 100 percent of the costs of activities carried out with the
assistance.
(f) Evaluation of System performance
(1) The Secretary shall periodically evaluate the operation and
management of each national estuarine reserve, including education and
interpretive activities, and the research being conducted within the
reserve.
(2) If evaluation under paragraph (1) reveals that the operation and
management of the reserve is deficient, or that the research being
conducted within the reserve is not consistent with the research
guidelines developed under subsection (c) of this section, the Secretary
may suspend the eligibility of that reserve for financial assistance
under subsection (e) of this section until the deficiency or
inconsistency is remedied.
(3) The Secretary may withdraw the designation of an estuarine area
as a national estuarine reserve if evaluation under paragraph (1)
reveals that--
(A) the basis for any one or more of the findings made under
subsection (b)(2) of this section regarding that area no longer
exists; or
(B) a substantial portion of the research conducted within the
area, over a period of years, has not been consistent with the
research guidelines developed under subsection (c) of this section.
(g) Report
The Secretary shall include in the report required under section
1462 of this title information regarding--
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine reserves;
(3) the status of the research program being conducted within
the System; and
(4) a summary of the evaluations made under subsection (f) of
this section.
(Pub. L. 89-454, title III, Sec. 315, formerly Sec. 312, as added Pub.
L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 315 and amended
Pub. L. 94-370, Secs. 7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L.
96-464, Sec. 11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99-272, title VI,
Sec. 6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101-508, title VI,
Sec. 6214, Nov. 5, 1990, 104 Stat. 1388-313; Pub. L. 102-587, title II,
Sec. 2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052;
Pub. L. 104-150, Sec. 6, June 3, 1996, 110 Stat. 1381.)
Amendments
1996--Subsec. (e)(3)(C). Pub. L. 104-150 added subpar. (C).
1992--Subsec. (a). Pub. L. 102-587, Sec. 2205(b)(21), substituted
``Research Reserve'' for ``Reserve Research''.
Subsec. (b). Pub. L. 102-587, Sec. 2205(b)(1)(A), substituted
``coastal state'' for ``coastal State'' in pars. (1) and (2)(B) and (D).
Subsec. (c)(4). Pub. L. 102-587, Sec. 2205(b)(22), substituted
``paragraph (1)'' for ``subsection (1)''.
Subsec. (e). Pub. L. 102-587, Sec. 2205(b)(1)(A), (B), substituted
``coastal state'' for ``coastal State'' in par. (1)(A) and (B) and
``coastal states'' for ``coastal States'' in par. (2).
1990--Pub. L. 101-508, Sec. 6214(a), substituted ``Research
Reserve'' for ``Reserve Research'' in section catchline.
Subsec. (e)(3)(A). Pub. L. 101-508, Sec. 6214(b), (d), substituted
``percent'' for ``per centum'' and ``$5,000,000'' for ``$4,000,000'',
and struck out ``of subsection (e) of this section'' after ``paragraph
(1)(A)(i)''.
Subsec. (e)(3)(B). Pub. L. 101-508, Sec. 6214(c), (d), substituted
``70 percent'' for ``50 per centum'', struck out ``of subsection (e) of
this section'' after ``paragraph (1)(B)'' and inserted before period at
end ``; except that the amount of the financial assistance provided
under paragraph (1)(A)(iii) may be up to 100 percent of any costs for
activities that benefit the entire System''.
1986--Pub. L. 99-272 amended section generally. Prior to amendment,
section read as follows: ``The Secretary may, in accordance with this
section and in accordance with such rules and regulations as the
Secretary shall promulgate, make grants to any coastal state for the
purpose of--
``(1) acquiring, developing, or operating estuarine sanctuaries,
to serve as natural field laboratories in which to study and gather
data on the natural and human processes occurring within the
estuaries of the coastal zone; and
``(2) acquiring lands to provide for the preservation of
islands, or portions thereof.
The amount of any such grant shall not exceed 50 per centum of the cost
of the project involved; except that, in the case of acquisition of any
estuarine sanctuary, the Federal share of the cost thereof shall not
exceed $3,000,000. No grant for acquisition of land may be made under
this section without the approval of the Governor of the State in which
is located the land proposed to be acquired.''
1980--Pub. L. 96-464, in par. (2), substituted ``the preservation of
islands, or portions thereof'' for ``access to public beaches and other
public coastal areas of environmental, recreational, historical,
esthetic, ecological, or cultural value, and for the preservation of
islands''; and in provision following par. (2), raised the spending
limitation of $2,000,000 to $3,000,000 and inserted provision that no
grant for acquisition of land may be made under this section without the
approval of the Governor of the state in which the land proposed to be
acquired is located.
1976--Pub. L. 94-370, Sec. 12, restructured existing provisions into
pars. (1) and (2), inserted purpose of acquiring lands to provide for
access to beaches and other coastal areas and for the preservation of
islands, and struck out proviso that no Federal funds received pursuant
to sections 1454 or 1455 of this title be used for purposes of this
section.
Section Referred to in Other Sections
This section is referred to in sections 1447c, 1458, 1460, 1464 of
this title; title 33 section 2901; title 42 sections 7403, 7412.
