§6405 — Title 16 Conservation | U.S. Code

Summary

Creates community-based coral reef stewardship groups for both Federal and non-Federal reefs. The Administrator must write rules to tell how to pick and name individual reefs and important reef areas. The Administrator must also make a fair process for deciding between multiple groups that want the same reef so their areas do not overlap. If a reef is partly or fully managed by a Federal agency listed in section 6402(c), the group must include that agency as chair, the State or county resource agency if the reef is in their area, a coral reef research center designated under section 6411(b), a nonprofit organization, any culturally linked Native entity, and other local stakeholders. If a reef is not under those Federal agencies, the group must include a State or county resource agency or a covered Native entity as chair, a designated research center, a nonprofit, and other local members. Federal agencies may join those groups if they ask and the chair agrees. The Federal Advisory Committee Act does not apply to these partnerships.

Title 16, §6405

Conservation — Source: USLM XML via OLRC

(a)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)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 applicants 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)A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant unit of a coral reef that is fully or partially under the management jurisdiction of any Federal 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 management agency to the extent that such partnership covers a reef within such States or county’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 affiliated with the subject reef or ecologically significant unit, if any.

(6)Such other members as the partnership considers appropriate, such as interested stakeholder groups and covered Native entities.

(d)(1)A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant 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 following:

(A)A State or county’s resource management 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)(A)Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies.

(B)A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if—

(i)the representative submits a request to become a member to the chairperson of the partnership referred to in paragraph (1)(A); and

(ii)the chairperson consents to the request.

(e)The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to coral reef stewardship partnerships under this section.

Notes & Related Subsidiaries

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, 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.

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.

§6405 Coral Reef Stewardship Partnerships