§ 6403. — Coral reef conservation program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC6403]
TITLE 16--CONSERVATION
CHAPTER 83--CORAL REEF CONSERVATION
Sec. 6403. Coral reef conservation program
(a) Grants
The Secretary, through the Administrator and subject to the
availability of funds, shall provide grants of financial assistance for
projects for the conservation of coral reefs (hereafter in this chapter
referred to as ``coral conservation projects''), for proposals approved
by the Administrator in accordance with this section.
(b) Matching requirements
(1) Fifty percent
Except as provided in paragraph (2), Federal funds for any coral
conservation project under this section may not exceed 50 percent of
the total cost of such project. For purposes of this paragraph, the
non-Federal share of project costs may be provided by in-kind
contributions and other noncash support.
(2) Waiver
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 applicants can meet
the matching requirement and the probable benefit of such project
outweighs the public interest in such matching requirement.
(c) Eligibility
Any natural resource management authority of a State or other
government authority with jurisdiction over coral reefs or whose
activities directly or indirectly affect coral reefs, or coral reef
ecosystems, or educational or nongovernmental institutions with
demonstrated expertise in the conservation of coral reefs, may submit to
the Administrator a coral conservation proposal under subsection (e) of
this section.
(d) Geographic and biological diversity
The Administrator shall ensure that funding for grants awarded under
subsection (b) of this section during a fiscal year are distributed in
the following manner:
(1) No less than 40 percent of funds available shall be awarded
for coral conservation projects in the Pacific Ocean within the
maritime areas and zones subject to the jurisdiction or control of
the United States.
(2) No less than 40 percent of the funds available shall be
awarded for coral conservation projects in the Atlantic Ocean, the
Gulf of Mexico, and the Caribbean Sea within the maritime areas and
zones subject to the jurisdiction or control of the United States.
(3) Remaining funds shall be awarded for projects that address
emerging priorities or threats, including international priorities
or threats, identified by the Administrator. When identifying
emerging threats or priorities, the Administrator may consult with
the Coral Reef Task Force.
(e) Project proposals
Each proposal for a grant under this section shall include the
following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A description of the qualifications of the individuals who
will conduct the project.
(3) A succinct statement of the purposes of the project.
(4) An estimate of the funds and time required to complete the
project.
(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in which
the project will be conducted.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) A description of how the project meets one or more of the
criteria in subsection (g) of this section.
(8) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for funding
under this chapter.
(f) Project review and approval
(1) In general
The Administrator shall review each coral conservation project
proposal to determine if it meets the criteria set forth in
subsection (g) of this section.
(2) Review; approval or disapproval
Not later than 6 months after receiving a project proposal under
this section, the Administrator shall--
(A) request and consider written comments on the proposal
from each Federal agency, State government, 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, 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;
(B) provide for the merit-based peer review of the proposal
and require standardized documentation of that peer review;
(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A) and
(B), approve or disapprove the proposal; and
(D) provide written notification of that approval or
disapproval to the person who submitted the proposal, and each
of those States and other government jurisdictions that provided
comments under subparagraph (A).
(g) Criteria for approval
The Administrator may not approve a project proposal under this
section unless the project is consistent with the coral reef action
strategy under section 6402 of this title and will enhance the
conservation of coral reefs by--
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term conservation
of coral reefs;
(2) addressing the conflicts arising from the use of
environments near coral reefs or from the use of corals, species
associated with coral reefs, and coral products;
(3) enhancing 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;
(4) developing sound scientific information on the condition of
coral reef ecosystems or the threats to such ecosystems, including
factors that cause coral disease;
(5) promoting and assisting to implement cooperative coral reef
conservation projects that involve affected local communities,
nongovernmental organizations, or others in the private sector;
(6) increasing public knowledge and awareness of coral reef
ecosystems and issues regarding their long term conservation;
(7) mapping the location and distribution of coral reefs;
(8) developing and implementing techniques to monitor and assess
the status and condition of coral reefs;
(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems; or
(10) promoting ecologically sound navigation and anchorages near
coral reefs.
(h) Project reporting
Each grantee under this section shall provide periodic reports as
required by the Administrator. Each report shall include all information
required by the Administrator for evaluating the progress and success of
the project.
(i) Coral Reef Task Force
The Administrator may consult with the Coral Reef Task Force to
obtain guidance in establishing coral conservation project priorities
under this section.
(j) Implementation guidelines
Within 180 days after December 23, 2000, the Administrator shall
promulgate necessary guidelines for implementing this section. In
developing those guidelines, the Administrator shall consult with State,
regional, and local entities involved in setting priorities for
conservation of coral reefs and provide for appropriate public notice
and opportunity for comment.
(Pub. L. 106-562, title II, Sec. 204, Dec. 23, 2000, 114 Stat. 2801.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (f)(2)(A), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, which is classified principally to chapter 38
(Sec. 1801 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 6407, 6408 of this title.
