16 USC 668dd-ee National Wildlife Refuge System Administration Act

§ 6304

TITLE 16—CONSERVATION

Stat. 2081; Pub. L. 116–9, title VII, § 7001(c)(2)(A),
(B), Mar. 12, 2019, 133 Stat. 785.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (i)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
as amended, which is set out in the Appendix to Title
5, Government Organization and Employees.
AMENDMENTS
2019—Subsec. (i)(1). Pub. L. 116–9, § 7001(c)(2)(A)(i),
added par. (1) and struck out former par. (1). Prior to
amendment, text read as follows: ‘‘Every 2 years, the
Secretary may convene a panel of experts to identify
the greatest needs for the conservation of great apes.’’
Subsec. (i)(2) to (5). Pub. L. 116–9, § 7001(c)(2)(A)(ii),
(iii), added pars. (2) to (4) and redesignated former par.
(2) as (5).
Subsec. (j). Pub. L. 116–9, § 7001(c)(2)(B), added subsec.
(j).
2006—Subsec. (d)(6). Pub. L. 109–363, § 701(1), added par.
(6).
Subsec. (i). Pub. L. 109–363, § 701(2), designated existing provisions as par. (1), inserted par. heading, substituted ‘‘may convene’’ for ‘‘shall convene’’, and added
par. (2).

§ 6304. Great Ape Conservation Fund
(a) Establishment
There is established in the Multinational Species Conservation Fund a separate account to be
known as the ‘‘Great Ape Conservation Fund’’,
consisting of—
(1) amounts transferred to the Secretary of
the Treasury for deposit into the Fund under
subsection (e);
(2) amounts appropriated to the Fund under
section 6305 of this title; and
(3) any interest earned on investment of
amounts in the Fund under subsection (c).
(b) Expenditures from Fund
(1) In general
Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary,
without further appropriation, such amounts
as the Secretary determines are necessary to
provide assistance under section 6303 of this
title.
(2) Administrative expenses
Of the amounts in the account available for
each fiscal year, the Secretary may expend
not more than 3 percent, or up to $150,000,
whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(c) Investment of amounts
(1) In general
The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations
For the purpose of investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations
at the market price.

Page 2432

(3) Sale of obligations
Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the
market price.
(4) Credits to Fund
The interest on, and the proceeds from the
sale or redemption of, any obligations held in
the Fund shall be credited to and form a part
of the Fund.
(d) Transfers of amounts
(1) In general
The amounts required to be transferred to
the Fund under this section shall be transferred at least monthly from the general fund
of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments
Proper adjustment shall be made in amounts
subsequently transferred to the extent prior
estimates were in excess of or less than the
amounts required to be transferred.
(e) Acceptance and use of donations
The Secretary may accept and use donations
to provide assistance under section 6303 of this
title. Amounts received by the Secretary in the
form of donations shall be transferred to the
Secretary of the Treasury for deposit into the
Fund.
(Pub. L. 106–411, § 5, Nov. 1, 2000, 114 Stat. 1793;
Pub. L. 109–363, title VII, § 702, Oct. 17, 2006, 120
Stat. 2082; Pub. L. 116–9, title VII, § 7001(c)(2)(C),
Mar. 12, 2019, 133 Stat. 785.)
AMENDMENTS
2019—Subsec. (b)(2). Pub. L. 116–9 substituted
‘‘$150,000’’ for ‘‘$100,000’’.
2006—Subsec. (b)(2). Pub. L. 109–363 substituted ‘‘expend’’ for ‘‘expand’’ and ‘‘$100,000’’ for ‘‘$80,000’’.

§ 6305. Authorization of appropriations
There are authorized to be appropriated to the
Fund $5,000,000 for each of fiscal years 2019
through 2023.
(Pub. L. 106–411, § 6, Nov. 1, 2000, 114 Stat. 1794;
Pub. L. 109–363, title VII, § 703, Oct. 17, 2006, 120
Stat. 2082; Pub. L. 116–9, title VII, § 7001(c)(2)(D),
Mar. 12, 2019, 133 Stat. 785.)
AMENDMENTS
2019—Pub. L. 116–9 substituted ‘‘2019 through 2023’’ for
‘‘2006 through 2010’’.
2006—Pub. L. 109–363 substituted ‘‘fiscal years 2006
through 2010’’ for ‘‘fiscal years 2001 through 2005’’.

CHAPTER 83—CORAL REEF CONSERVATION
Sec.

6401.
6402.
6403.
6404.
6405.
6406.
6407.
6408.
6409.

Purposes.
National coral reef action strategy.
Coral reef conservation program.
Coral reef conservation Fund.
Emergency assistance.
National program.
Effectiveness reports.
Authorization of appropriations.
Definitions.

§ 6401. Purposes
The purposes of this chapter are—

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TITLE 16—CONSERVATION

(1) to preserve, sustain, and restore the condition of coral reef ecosystems;
(2) to promote the wise management and
sustainable use of coral reef ecosystems to
benefit local communities and the Nation;
(3) to develop sound scientific information
on the condition of coral reef ecosystems and
the threats to such ecosystems;
(4) to assist in the preservation of coral reefs
by supporting conservation programs, including projects that involve affected local communities and nongovernmental organizations;
(5) to provide financial resources for those
programs and projects; and
(6) to establish a formal mechanism for collecting and allocating monetary donations
from the private sector to be used for coral
reef conservation projects.
(Pub. L. 106–562, title II, § 202, Dec. 23, 2000, 114
Stat. 2800.)
SHORT TITLE
Pub. L. 106–562, title II, § 201, Dec. 23, 2000, 114 Stat.
2800, provided that: ‘‘This title [enacting this chapter]
may be cited as the ‘Coral Reef Conservation Act of
2000’.’’
NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF
RESERVE
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(f)], Dec.
21, 2000, 114 Stat. 2763, 2763A–249, provided that:
‘‘(1) The President, after consultation with the Governor of the State of Hawaii, may designate any Northwestern Hawaiian Islands coral reef or coral reef ecosystem as a coral reef reserve to be managed by the
Secretary of Commerce.
‘‘(2) Upon the designation of a reserve under paragraph (1) by the President, the Secretary shall—
‘‘(A) take action to initiate the designation of the
reserve as a National Marine Sanctuary under sections 303 and 304 of the National Marine Sanctuaries
Act (16 U.S.C. 1433[, 1434]);
‘‘(B) establish a Northwestern Hawaiian Islands Reserve Advisory Council under section 315 of that Act
(16 U.S.C. 1445a), the membership of which shall include at least one representative from Native Hawaiian groups; and
‘‘(C) until the reserve is designated as a National
Marine Sanctuary, manage the reserve in a manner
consistent with the purposes and policies of that Act
[16 U.S.C. 1431 et seq.].
‘‘(3) Notwithstanding any other provision of law, no
closure areas around the Northwestern Hawaiian Islands shall become permanent without adequate review
and comment.
‘‘(4) The Secretary shall work with other Federal
agencies and the Director of the National Science
Foundation, to develop a coordinated plan to make vessels and other resources available for conservation or
research activities for the reserve.
‘‘(5) If the Secretary has not designated a national
marine sanctuary in the Northwestern Hawaiian Islands under sections 303 and 304 of the National Marine
Sanctuaries Act (16 U.S.C. 1433, 1434) before October 1,
2005, the Secretary shall conduct a review of the management of the reserve under section 304(e) of that Act
(16 U.S.C. 1434(e)).
‘‘(6) No later than 6 months after the date of enactment of this Act [Dec. 21, 2000], the Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Resources [now Committee
on Natural Resources], describing actions taken to implement this subsection, including costs of monitoring,
enforcing, and addressing marine debris, and the extent
to which the fiscal or other resources necessary to

§ 6401

carry out this subsection are reflected in the Budget of
the United States Government submitted by the President under section 1104 of title 31, United States Code.
‘‘(7) There are authorized to be appropriated to the
Secretary of Commerce to carry out the provisions of
this subsection such sums, not exceeding $4,000,000 for
each of fiscal years 2001, 2002, 2003, 2004, and 2005, as are
reported under paragraph (5) [(6)] to be reflected in the
Budget of the United States Government.’’
Substantially identical provisions were contained in
Pub. L. 106–513, § 6(g), Dec. 21, 2000, 114 Stat. 2385.
EX. ORD. NO. 13089. CORAL REEF PROTECTION
Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and in furtherance of the purposes of the
Clean Water Act of 1977, as amended (33 U.S.C. 1251, et
seq.) [see Short Title of 1977 Amendment note set out
under section 1451 of this title], Coastal Zone Management Act [of 1972] (16 U.S.C. 1451, et seq.), MagnusonStevens Fishery Conservation and Management Act (16
U.S.C. 1801, et seq.), National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321, et seq.), National Marine Sanctuaries Act, (16 U.S.C. 1431, et seq.), National
Park Service Organic Act ([former] 16 U.S.C. 1, et seq.)
[see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq.,
100751(a), 100752, 100753, 102101], National Wildlife Refuge
System Administration Act (16 U.S.C. 668dd–ee) [16
U.S.C. 668dd–668ee], and other pertinent statutes, to
preserve and protect the biodiversity, health, heritage,
and social and economic value of U.S. coral reef ecosystems and the marine environment, it is hereby ordered as follows:
SECTION 1. Definitions. (a) ‘‘U.S. coral reef ecosystems’’ means those species, habitats, and other natural resources associated with coral reefs in all maritime areas and zones subject to the jurisdiction or control of the United States (e.g., Federal, State, territorial, or commonwealth waters), including reef systems in the south Atlantic, Caribbean, Gulf of Mexico,
and Pacific Ocean. (b) ‘‘U.S. Coral Reef Initiative’’ is an
existing partnership between Federal agencies and
State, territorial, commonwealth, and local governments, nongovernmental organizations, and commercial interests to design and implement additional management, education, monitoring, research, and restoration efforts to conserve coral reef ecosystems for the
use and enjoyment of future generations. The existing
U.S. Islands Coral Reef Initiative strategy covers approximately 95 percent of U.S. coral reef ecosystems
and is a key element of the overall U.S. Coral Reef Initiative. (c) ‘‘International Coral Reef Initiative’’ is an
existing partnership, founded by the United States in
1994, of governments, intergovernmental organizations,
multilateral development banks, nongovernmental organizations, scientists, and the private sector whose
purpose is to mobilize governments and other interested parties whose coordinated, vigorous, and effective
actions are required to address the threats to the
world’s coral reefs.
SEC. 2. Policy. (a) All Federal agencies whose actions
may affect U.S. coral reef ecosystems shall: (a) identify
their actions that may affect U.S. coral reef ecosystems; (b) utilize their programs and authorities to
protect and enhance the conditions of such ecosystems;
and (c) to the extent permitted by law, ensure that any
actions they authorize, fund, or carry out will not degrade the conditions of such ecosystems.
(b) Exceptions to this section may be allowed under
terms prescribed by the heads of Federal agencies:
(1) during time of war or national emergency;
(2) when necessary for reasons of national security, as
determined by the President;
(3) during emergencies posing an unacceptable threat
to human health or safety or to the marine environment and admitting of no other feasible solution; or
(4) in any case that constitutes a danger to human
life or a real threat to vessels, aircraft, platforms, or

§ 6401

TITLE 16—CONSERVATION

other man-made structures at sea, such as cases of force
majeure caused by stress of weather or other act of God.
SEC. 3. Federal Agency Responsibilities. In furtherance
of section 2 of this order, Federal agencies whose actions affect U.S. coral reef ecosystems, shall, subject to
the availability of appropriations, provide for implementation of measures needed to research, monitor,
manage, and restore affected ecosystems, including,
but not limited to, measures reducing impacts from
pollution, sedimentation, and fishing. To the extent
not inconsistent with statutory responsibilities and
procedures, these measures shall be developed in cooperation with the U.S. Coral Reef Task Force and fishery management councils and in consultation with affected States, territorial, commonwealth, tribal, and
local government agencies, nongovernmental organizations, the scientific community, and commercial interests.
SEC. 4. U.S. Coral Reef Task Force. The Secretary of
the Interior and the Secretary of Commerce, through
the Administrator of the National Oceanic and Atmospheric Administration, shall co-chair a U.S. Coral Reef
Task Force (‘‘Task Force’’), whose members shall include, but not be limited to, the Administrator of the
Environmental Protection Agency, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of
Defense, the Secretary of State, the Secretary of
Transportation, the Director of the National Science
Foundation, the Administrator of the Agency for International Development, and the Administrator of the
National Aeronautics and Space Administration. The
Task Force shall oversee implementation of the policy
and Federal agency responsibilities set forth in this
order, and shall guide and support activities under the
U.S. Coral Reef Initiative (‘‘CRI’’). All Federal agencies
whose actions may affect U.S. coral reef ecosystems
shall review their participation in the CRI and the
strategies developed under it, including strategies and
plans of State, territorial, commonwealth, and local
governments, and, to the extent feasible, shall enhance
Federal participation and support of such strategies
and plans. The Task Force shall work in cooperation
with State, territorial, commonwealth, and local government agencies, nongovernmental organizations, the
scientific community, and commercial interests.
SEC. 5. Duties of the U.S. Coral Reef Task Force. (a)
Coral Reef Mapping and Monitoring. The Task Force, in
cooperation with State, territory, commonwealth, and
local government partners, shall coordinate a comprehensive program to map and monitor U.S. coral reefs.
Such programs shall include, but not be limited to, territories and commonwealths, special marine protected
areas such as National Marine Sanctuaries, National
Estuarine Research Reserves, National Parks, National
Wildlife Refuges, and other entities having significant
coral reef resources. To the extent feasible, remote
sensing capabilities shall be developed and applied to
this program and local communities should be engaged
in the design and conduct of programs.
(b) Research. The Task Force shall develop and implement, with the scientific community, research aimed
at identifying the major causes and consequences of
degradation of coral reef ecosystems. This research
shall include fundamental scientific research to provide
a sound framework for the restoration and conservation of coral reef ecosystems worldwide. To the extent
feasible, existing and planned environmental monitoring and mapping programs should be linked with scientific research activities. This Executive order shall
not interfere with the normal conduct of scientific
studies on coral reef ecosystems.
(c) Conservation, Mitigation, and Restoration. The Task
Force, in cooperation with State, territorial, commonwealth, and local government agencies, nongovernmental organizations, the scientific community and
commercial interests, shall develop, recommend, and
seek or secure implementation of measures necessary
to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs. These meas-

Page 2434

ures shall include solutions to problems such as landbased sources of water pollution, sedimentation, detrimental alteration of salinity or temperature, overfishing, over-use, collection of coral reef species, and
direct destruction caused by activities such as recreational and commercial vessel traffic and treasure
salvage. In developing these measures, the Task Force
shall review existing legislation to determine whether
additional legislation is necessary to complement the
policy objectives of this order and shall recommend
such legislation if appropriate. The Task Force shall
further evaluate existing navigational aids, including
charts, maps, day markers, and beacons to determine if
the designation of the location of specific coral reefs
should be enhanced through the use, revision, or improvement of such aids.
(d) International Cooperation. The Secretary of State
and the Administrator of the Agency for International
Development, in cooperation with other members of
the Coral Reef Task Force and drawing upon their expertise, shall assess the U.S. role in international trade
and protection of coral reef species and implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide. Such actions shall include expanded collaboration with other International Coral Reef Initiative
(‘‘ICRI’’) partners, especially governments, to implement the ICRI through its Framework for Action and
the Global Coral Reef Monitoring Network at regional,
national, and local levels.
SEC. 6. This order does not create any right or benefit, substantive or procedural, enforceable in law or equity by a party against the United States, its agencies,
its officers, or any person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13178. NORTHWESTERN HAWAIIAN ISLANDS
CORAL REEF ECOSYSTEM RESERVE
Ex. Ord. No. 13178, Dec. 4, 2000, 65 F.R. 76903, as
amended by Ex. Ord. No. 13196, §§ 3, 4, Jan. 18, 2001, 66
F.R. 7395, 7396, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Marine Sanctuaries
Act, (16 U.S.C. 1431 et seq.), and the National Marine
Sanctuaries Amendments Act of 2000, Public Law
106–513 [see Short Title of 2000 Amendment note set out
under section 1431 of this title], and in furtherance of
the purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.),
Marine Protection, Research, and Sanctuaries Act [of
1972] (33 U.S.C. 1401 et seq. [16 U.S.C. 1431 et seq., 1447 et
seq., 33 U.S.C. 1401 et seq., 2801 et seq.]), Coastal Zone
Management Act (16 U.S.C. 1451 et seq.), Endangered
Species Act [of 1973] (16 U.S.C. 1531 et seq.), Marine
Mammal Protection Act [of 1972] (16 U.S.C. 1362 [1361] et
seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National
Historic Preservation Act ([former] 16 U.S.C. 470 et seq.)
[see 54 U.S.C. 300101 et seq.], National Wildlife Refuge
System Administration Act (16 U.S.C. 668dd–ee), and
other pertinent statutes, it is ordered as follows:
SECTION 1. Preamble. The world’s coral reefs—the rain
forests of the sea—are in serious decline. These important and sensitive areas of biodiversity warrant special
protection. While United States waters contain approximately 3 percent of the world’s coral reefs, approximately 70 percent of U.S. coral reefs are in the
Northwestern Hawaiian Islands. The 3.5 million acres of
coral reefs around the remote, mostly uninhabited
Northwestern Hawaiian Islands are spectacular and almost undisturbed by humans. The approximately 1,200
mile stretch of coral islands, seamounts, banks, and
shoals are unquestionably some of the healthiest and
most extensive coral reefs in the United States. In
their own right, the spectacular coral reefs and lands
provide an amazing geological record of volcanic and
erosive powers that have shaped this area. This vast
area supports a dynamic reef ecosystem that supports
more than 7,000 marine species, of which approximately

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TITLE 16—CONSERVATION

half are unique to the Hawaiian Island chain. This incredibly diverse ecosystem is home to many species of
coral, fish, birds, marine mammals, and other flora and
fauna including the endangered Hawaiian monk seal,
the threatened green sea turtle, and the endangered
leatherback and hawksbill sea turtles. In addition, this
area has great cultural significance to Native Hawaiians as well as linkages to early Polynesian culture—
making it additionally worthy of protection and understanding. This is truly a unique and special place, a
coral reef ecosystem like no place on earth, and a
source of pride, inspiration, and satisfaction for all
Americans, especially the people of Hawaii. It is fully
worthy of our best efforts to preserve a legacy of America’s natural wonders for future generations. Due to the
special significance of this area, I have determined that
it is in the best interest of our Nation, and of future
generations, to provide strong and lasting protection
for the coral reef ecosystem of the Northwestern Hawaiian Islands.
On May 26, 2000, I directed the Secretaries of Commerce and the Interior, working cooperatively with the
State of Hawaii and consulting with the Western Pacific Fishery Management Council, to develop recommendations for a new, coordinated management regime
to increase protection of the coral reef ecosystem of
the Northwestern Hawaiian Islands and provide for sustainable use of the area. Upon consideration of their
recommendations and comments received during the
public visioning process on this initiative, and based on
the statutory authorities set forth above, I am issuing
this Executive Order.
SEC. 2. Purpose. The purpose of this Executive Order
is to ensure the comprehensive, strong, and lasting protection of the coral reef ecosystem and related marine
resources and species (resources) of the Northwestern
Hawaiian Islands.
SEC. 3. Establishment of Coral Reef Ecosystem Reserve.
There is hereby established in the Northwestern Hawaiian Islands a coral reef ecosystem reserve to be known
as the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve). The Reserve shall include
submerged lands and waters of the Northwestern Hawaiian Islands, extending approximately 1,200 nautical
miles (nm) long and 100nm wide. The Reserve shall be
adjacent to and seaward of the seaward boundaries of
the State of Hawaii and the Midway Atoll National
Wildlife Refuge, and shall overlay the Hawaiian Islands
National Wildlife Refuge to the extent that it extends
beyond the seaward boundaries of the State of Hawaii.
The boundaries of the Reserve are described in section
6 of this order.
SEC. 4. Management Principles. The Secretary of Commerce, or his designee, (hereafter ‘‘Secretary’’) shall,
subject to section 10(b) of this order, manage the Reserve in accordance with the following principles:
(a) The principal purpose of the Reserve is the longterm conservation and protection of the coral reef ecosystem and related marine resources and species of the
Northwestern Hawaiian Islands in their natural character;
(b) The Reserve shall be managed using available
science and applying a precautionary approach with resource protection favored when there is a lack of information regarding any given activity, to the extent not
contrary to law;
(c) Culturally significant, noncommercial subsistence, cultural, and religious uses by Native Hawaiians
should be allowed within the Reserve, consistent with
applicable law and the long-term conservation and protection of Reserve resources;
(d) The Reserve shall be managed using, when appropriate, geographical zoning and innovative management techniques to ensure that the Reserve resources
are protected from degradation or harm;
(e) To the extent consistent with the primary purpose
of the Reserve, the Reserve shall be managed to support, promote, and coordinate appropriate scientific research and assessment, and long-term monitoring of
Reserve resources, and the impacts or threats thereto

§ 6401

from human and other activities, to help better understand, protect, and conserve these resources and species
for future generations;
(f) To the extent consistent with the primary purpose
of the Reserve, the Reserve shall be managed to enhance public awareness, understanding, and appreciation of Reserve resources, and the impacts or threats
thereto from human and other activities;
(g) The Reserve shall be managed to further restoration and remediation of degraded or injured Reserve resources; and
(h) The Reserve shall be managed to facilitate coordinated management among Federal and State agencies
and other entities, as appropriate, to provide comprehensive (looking beyond jurisdictional boundaries) conservation of the coral reef ecosystem and related marine resources and species throughout the Northwestern Hawaiian Islands, consistent with applicable authorities and the Management Principles of this section.
SEC. 5. Implementation. (a) Management of the Reserve.
The Secretary shall manage the Reserve under the National Marine Sanctuaries Act and in accordance with
this order.
(b) Reserve Operations Plan. The Secretary, in consultation with the Secretary of the Interior and the
Governor of Hawaii, shall develop an operations plan to
govern the management of the Reserve. In developing
the Reserve Operations Plan the Secretary shall consider the advice and recommendations of the Reserve
Council established pursuant to paragraph (c) of this
section. The Reserve Operations Plan shall be directed
at priority issues and actions that, at a minimum, provide for:
(1) Coordinated management among the Reserve, Hawaiian Islands National Wildlife Refuge, Midway Atoll
National Wildlife Refuge, and the State of Hawaii, consistent with relevant authorities;
(2) Coordination among Federal agencies and the Director of the National Science Foundation to make vessels and other resources available for conservation and
research activities for the Reserve;
(3) The cleanup and prevention of marine debris in
the Reserve;
(4) The restoration or remediation of any degraded or
injured resources of the Reserve;
(5) Research, monitoring, and assessment of the Reserve;
(6) Education and outreach about the Reserve and its
resources and efforts to conserve them;
(7) Enforcement and surveillance for the Reserve, including the use of new technologies and coordination
with the United States Coast Guard and other relevant
agencies;
(8) Identification and coordination with Native Hawaiian interests, regarding culturally significant, noncommercial subsistence, cultural, and religious uses
and locations within the Reserve;
(9) Identification of potential tourism, recreational,
and commercial activities within the Reserve and actions necessary to ensure that these activities do not
degrade the Reserve’s resources or diminish the Reserve’s natural character;
(10) Use of vessel monitoring systems for any vessel
entering or transiting the Reserve, if warranted. To
this end, the Secretary in consultation with the Department of State, United States Coast Guard, and the
Department of Defense, shall evaluate the need for the
establishment of vessel monitoring systems and, if warranted, shall initiate the steps necessary to have the
appropriate domestic agencies, and request that the
International Maritime Organization, adopt a vessel
monitoring system requirement for the Reserve;
(11) Any regulations, in addition to the conservation
measures and Reserve Preservation Areas established
under this order, that the Secretary determines are
necessary to manage the Reserve in accordance with
this order; and
(12) Coordination of all relevant activities with the
process to designate the Reserve as a National Marine

§ 6401

TITLE 16—CONSERVATION

Sanctuary, as provided under paragraph (f) of this section.
(c) Conservation Measures. The Reserve Operations
Plan shall also include the conservation measures in
section 7 of this order and the Reserve Preservation
Areas in section 8 of this order.
(d) Memorandum of Agreement. To further paragraph
(b)(1) of this section, and subject to section 10(b) of this
order, and in particular to promote coordinated management of the entirety of the shallow areas of the
coral reef ecosystem throughout the Northwestern Hawaiian Islands, the Secretary shall work with the Secretary of the Interior and Governor of the State of Hawaii to enter into one or more memoranda of agreement for the coordinated conservation and management of the Reserve, Midway Atoll and Hawaiian Islands National Wildlife Refuges, and State of Hawaii
submerged lands and waters within the Northwestern
Hawaiian Islands.
(e) National Marine Sanctuary. The Secretary shall
initiate the process to designate the Reserve as a national marine sanctuary pursuant to sections 303 and
304 of the National Marine Sanctuaries Act (16 U.S.C.
1433, 1434). In doing so the Secretary shall supplement
or complement the existing Reserve. The Secretary
shall, in consultation with the Governor of the State of
Hawaii, determine whether State submerged lands and
waters should be included as part of the sanctuary. In
designating and managing the sanctuary, the Secretary
shall consider the advice and recommendations of the
Reserve Council established pursuant to paragraph (f)
of this section.
(f) Council. After considering input from the Secretary of the Interior and Governor of the State of Hawaii, the Secretary shall establish a Coral Reef Ecosystem Reserve Council pursuant to section 315 of the
National Marine Sanctuaries Act (16 U.S.C. 1445a) to
provide advice and recommendations on the Reserve
Operations Plan and designation and management of
any sanctuary. The Council shall include:
(1) Three Native Hawaiian representatives, including
one Native Hawaiian elder, with experience or knowledge regarding Native Hawaiian subsistence, cultural,
religious, or other activities in the Northwestern Hawaiian Islands.
(2) Three representatives from the non-Federal
science community with experience specific to the
Northwestern Hawaiian Islands and with expertise in at
least one of the following areas:
(A) Marine mammal science.
(B) Coral reef ecology.
(C) Native marine flora and fauna of the Hawaiian Islands.
(D) Oceanography.
(E) Any other scientific discipline the Secretary determines to be appropriate.
(3) Three representatives from nongovernmental
wildlife/marine life, environmental, and/or conservation organizations.
(4) One representative from the commercial fishing
industry that conducts activities in the Northwestern
Hawaiian Islands.
(5) One representative from the recreational fishing
industry that conducts activities in the Northwestern
Hawaiian Islands.
(6) One representative from the ocean-related tourism
industry.
(7) One representative from the non-Federal community with experience in education and outreach regarding marine conservation issues.
(8) One citizen-at-large representative.
(9) One representative from the State of Hawaii as appointed by the Governor.
(10) One representative each, as nonvoting, ex officio
members, from the Department of the Interior, United
States Coast Guard, Department of Defense, Department of State, the National Marine Fisheries Service,
the Hawaiian Islands Humpback Whale National Marine Sanctuary, National Science Foundation, Marine
Mammal Commission, and Western Pacific Regional
Fishery Management Council.

Page 2436

(g) Report. The Secretary shall provide a progress report on the implementation of this order to the Chair
of the Council on Environmental Quality within 1 year
from the date of this order.
SEC. 6. Area of the Reserve. The Reserve includes the
waters and submerged lands of the Northwestern Hawaiian Islands as follows:
(a) The seaward boundary of the Reserve is 50nm from
the approximate center geographical positions of Nihoa
Island, Necker Island, French Frigate Shoals, Gardner
Pinnacles, Maro Reef, Laysan Island, Lisianski Island,
Pearl and Hermes Reef, Midway Atoll, and Kure Island.
Where the areas are not contiguous, parallel lines
drawn tangent to and connecting those semi-circles of
the 50nm areas that lie around such areas shall delimit
the remainder of the Reserve.
(b) The inland boundary of the Reserve around each
of the areas named in subparagraph (a) of this section
is the seaward boundary of Hawaii State waters and
submerged lands, and the seaward boundary of the Midway Atoll National Wildlife Refuge, as appropriate.
(c) The Reserve boundary is generally depicted on the
map attached to this order. The Secretary, after consultation with the Governor of the State of Hawaii,
may make technical modifications to the boundary of
the Reserve, including providing straight-line boundaries for the Reserve for clarity and ease of identification, as appropriate.
SEC. 7. Protection and Conservation Measures. The conservation measures in this section apply throughout
the Reserve.
(a)(1) Commercial Fishing. All currently existing commercial Federal fishing permits and current levels of
fishing effort and take, which also includes the nonpermitted level of trolling for pelagic species by currently permitted bottom fishers, as determined by the
Secretary and pursuant to regulations in effect on December 4, 2000, shall be capped as follows:
(A) No commercial fishing may occur in Reserve
Preservation Areas pursuant to section 8 of this order;
(B) There shall be no increase in the number of permits of any particular type of fishing (such as for
bottomfishing) beyond the number of permits of that
type in effect the year preceding the date of this order;
(C) The annual level of aggregate take under all permits of any particular type of fishing may not exceed
the aggregate level of take under all permits of that
type of fishing as follows:
(1) Bottomfishing—the annual aggregate level for
each permitted bottomfisher shall be that permittee’s
individual average taken over the 5 years preceding December 4, 2000, as determined by the Secretary, provided that the Secretary, in furtherance of the principles of the reserve, may make a one-time reasonable
increase to the total aggregate to allow for the use of
two Native Hawaiian bottomfishing permits;
(2) All other commercial fishing—the annual aggregate level shall be the permittee’s individual take in
the year preceding December 4, 2000, as determined by
the Secretary.
(D) There shall be no permits issued for any particular type of fishing for which there were no permits issued in the year preceding the date of this order; and
(E) The type of fishing gear used by any permit holder may not be changed except with the permission of
the Secretary, as provided under paragraph 3 of this
section.
(F) Trolling for pelagic species shall be capped based
on reported landings for the year preceding December 4,
2000.
(2) Recreational Fishing. All currently existing (preceding the date of this order) levels of recreational fishing effort, as determined by the Secretary and pursuant
to regulations in effect on the day of this order, shall
be capped (i.e., no increase of take levels or levels of
fishing effort, species targeted, or change in gear types)
throughout the Reserve. However, fishing is further restricted as provided in section 8 of this order.
(3) The Secretary, after consultation with the Secretary of the Interior and Governor of the State of Ha-

Page 2437

TITLE 16—CONSERVATION

waii, and after public review and comment and consideration of any advice or recommendations of the Reserve Council and Western Pacific Regional Fishery
Management Council, may further restrict the fishing
activities under subparagraphs (a)(1) and (a)(2) of this
section if necessary to protect Reserve resources, or
may authorize or require alternate gear types if such
gear would offer equal or greater protection for Reserve
resources.
(b) In addition to the conservation measures in paragraph (a) of this section, the following activities are
prohibited throughout the Reserve:
(1) Exploring for, developing, or producing oil, gas, or
minerals;
(2) Having a vessel anchored on any living or dead
coral with an anchor, an anchor chain, or an anchor
rope when visibility is such that the seabed can be
seen;
(3) Drilling into, dredging, or otherwise altering the
seabed; or constructing, placing, or abandoning any
structure, material, or other matter on the seabed, except as an incidental result of anchoring vessels;
(4) Discharging or depositing any material or other
matter into the Reserve, or discharging or depositing
any material or other matter outside the Reserve that
subsequently enters the Reserve and injures any resource of the Reserve, except:
(A) fish parts (i.e., chumming materia [sic] or bait)
used in and during fishing operations authorized under
this order;
(B) biodegradable effluent incident to vessel use and
generated by a marine sanitation device in accordance
with section 312 of the Federal Water Pollution Control
Act, as amended [33 U.S.C. 1322];
(C) water generated by routine vessel operations (e.g.,
deck wash down and graywater as defined in section 312
of the Federal Water Pollution Control Act), excluding
oily wastes from bilge pumping; or
(D) cooling water from vessels or engine exhaust; and
(5) Removal, moving, taking, harvesting, or damaging
any living or nonliving Reserve resources, except as
provided under paragraph (a) of this section and sections 8(a) and 9 of this order.
(c) The Secretary may conduct, or authorize by permit the activities listed in subparagraphs (b)(3)–(5) of
this section to the extent that they are necessary for
research, monitoring, education, or management activities that further the Management Principles of section 4 of this order.
SEC. 8. Reserve Preservation Areas.
(a) To further protect Reserve resources, the following areas are hereby established as Reserve Preservation Areas until some or all are made permanent after
adequate public review and comment, within which all
activities referred to in paragraph (b) of this section
are prohibited.
(1) From the seaward boundary of Hawaii State waters and submerged lands to a mean depth of 100 fathoms (fm) around:
(A) Nihoa Island, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 25 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(B) Necker Island, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 25 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(C) French Frigate Shoals;
(D) Gardner Pinnacles, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, re-

§ 6401

spectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 25 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(E)
Maro
Reef,
provided
that
commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 25 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(F) Laysan Island, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 50 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(G) Lisianski Island, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue seaward of a mean depth of 25 fm, unless and
until the Secretary determines otherwise after adequate public review and comment;
(H) Pearl and Hermes Atoll; and
(I) Kure Atoll.
(2) Twelve nautical miles around the approximate
geographical centers of:
(A) The first bank immediately east of French Frigate Shoals;
(B) Southeast Brooks Bank, which is the first bank
immediately west of French Frigate Shoals, provided
that the closure area shall not be closer than approximately 3nm of the next bank immediately west;
(C) St. Rogatien Bank, provided that the closure area
shall not be closer than approximately 3nm of the next
bank immediately east, provided further that
bottomfishing in accordance with the requirements of
section 7(a)(1) of this order shall be allowed to continue, unless and until the Secretary determines otherwise after adequate public review and comment;
(D), (E) [Revoked. Ex. Ord. No. 13196, § 4, Jan. 18, 2001,
66 F.R. 7396]
(F) Pioneer Bank, provided that commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, respectively, of this order [sic] shall be allowed to continue, unless and until the Secretary determines otherwise after adequate public review and comment.
(3) Twelve nautical miles around the approximate
geographical centers of
(A) The first bank west of St. Rogation Bank, east of
Gardner
Pinnacles,
provided
that
commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, shall
be allowed to continue for a period of 5 years from the
date of this order; and
(B)
Raita
Bank,
provided
that
commercial
bottomfishing and commercial and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, shall
be allowed to continue for a period of 5 years from the
date of this order; and
(C) Provided that both banks described above in
(3)(A) and (3)(B) shall only continue to allow commercial bottomfishing and commercial and recreational
trolling for pelagic species after the 5-year time period
if it is determined that continuation of such activities
will have no adverse impact on the resources of these
banks.
(b) Activities Prohibited Within Reserve Preservation
Areas.
(1) In addition to the conservation measures in section 7 of this order, which are applicable to the entire

§ 6401

TITLE 16—CONSERVATION

Reserve, the following activities are prohibited within
the Reserve Preservation Areas listed in paragraph (a)
of this section, except as expressly otherwise stated in
this paragraph and sections (8)(a) and 9 of this order:
(A) Commercial and recreational fishing;
(B) Anchoring in any area that contains available
mooring buoys, or anchoring outside an available anchoring area when such area has been designated by the
Secretary;
(C) Any type of touching or taking of living or dead
coral;
(D) Discharging or depositing any material or other
matter except cooling water or engine exhaust; and
(E) Such other activities that the Secretary identifies after adequate public review and comment, and
after consideration of any advice and recommendations
of the Reserve Council.
(2) Notwithstanding the prohibitions in this paragraph, the Secretary may conduct, or authorize by permit, research, monitoring, education, or management
activities within any Reserve Preservation Area that
further the Management Principles of section 4 of this
order.
(3) The Reserve Preservation Areas in this section are
approximated using fathoms. The Secretary will develop straight line boundaries based on longitude and
latitude coordinates to encompass each Reserve Preservation Area, to provide for clarity and ease of identification. The Secretary may make technical modifications to any such boundaries.
SEC. 9. Native Hawaiian Uses. Native Hawaiian noncommercial subsistence, cultural, or religious uses may
continue, to the extent consistent with existing law,
within the Reserve and Reserve Preservation Areas
identified under section 8 of this order. The Secretary
shall work with Native Hawaiian interests to identify
those areas where such Native Hawaiian uses of the Reserve’s resources may be conducted without injury to
the Reserve’s coral reef ecosystem and related marine
resources and species, and may revise the areas where
such activities may occur after public review and comment, and consideration of any advice and recommendations of the Reserve Council.
SEC. 10. National Wildlife Refuges.
(a) The Secretary of the Interior, in managing,
through the U.S. Fish and Wildlife Service the Hawaiian Islands and Midway Atoll National Wildlife Refuges
pursuant to the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–668ee) and other applicable laws, shall follow the Management Principles
of section 4 of this order, to the extent consistent with
applicable law.
(b) Wherever the Reserve overlaps the Hawaiian Islands National Wildlife Refuge, the Reserve shall be
managed to supplement and complement management
of the Refuge to ensure coordinated conservation and
management of the Reserve and the Refuge, consistent
with the purposes and policies of the National Marine
Sanctuaries Act, the National Marine Sanctuaries
Amendments Act of 2000, and this order, and the authorities of the U.S. Fish and Wildlife Service under
the National Wildlife Refuge System Administration
Act (16 U.S.C. 668dd-668ee) and other laws with respect
to management of the Refuge. Nothing in this order
shall enlarge or diminish the jurisdiction or authority
of the Secretary or Secretary of the Interior in managing the Reserve or Refuge, respectively.
(c) The Secretary of the Interior, through the U.S.
Fish and Wildlife Service, shall coordinate with the
Secretary and the Governor of the State of Hawaii, as
provided under section 5(b) of this order, to ensure
coordinated protection and management among the Reserve, Refuges, and State, consistent with relevant authorities.
SEC. 11. Administration and Judicial Review.
(a) International Law. Management of the Reserve and
any regulations issued pursuant thereto and all other
provisions of this order shall be applied consistently
with the 1983 Presidential Proclamation on the Exclusive Economic Zone [Proc. No. 5030, 16 U.S.C. 1453 note],

Page 2438

the 1988 Presidential Proclamation on the Territorial
Sea [Proc. No. 5928, 43 U.S.C. 1331 note], and the 1999
Presidential Proclamation on Contiguous Zone [Proc.
No. 7219, 43 U.S.C. 1331 note] and in accordance with
generally recognized principles of international law,
and with the treaties, conventions, and other agreements to which the United States is a party. The Secretary shall consult with the Department of State in
implementing this order.
(b) Agency Responsibilities. All Federal agencies whose
actions may affect the Reserve and any National Marine Sanctuary established by the Secretary pursuant
to this order shall carry out such actions in accordance
with applicable laws, regulations and Executive Orders,
including Executive Orders 13089 of June 11, 1998 [set
out above], and 13158 of May 26, 2000 [16 U.S.C. 1431
note].
(c) National Security and Emergency Actions. Consistent with applicable law, nothing in this order is intended to apply to military activities (including those
carried out by the United States Coast Guard), including military exercises, conducted within or in the vicinity of the Reserve, consistent with the requirements
of Executive Orders 13089 of June 11, 1998, and 13158 of
May 26, 2000. Further, nothing in this order is intended
to restrict the Department of Defense from conducting
activities necessary during time of war or national
emergency, or when necessary for reasons of national
security as determined by the Secretary of Defense,
consistent with applicable law. In addition, consistent
with applicable law, nothing in this order shall limit
agency actions to respond to emergencies posing an unacceptable threat to human health or safety or to the
marine environment and admitting of no other feasible
solution.
(d) United States Coast Guard. Nothing in this order is
intended to limit the authority of the United States
Coast Guard to enforce any Federal law, or install or
maintain aids to navigation.
(e) Funding. This order shall be carried out subject to
the availability of appropriated funds and to the extent
permitted by law.
(f) Territorial Waters. Nothing in this order shall enlarge or diminish the jurisdiction or authority of the
State of Hawaii or the United States over submerged or
other lands within the territorial waters off the coast
of Hawaii.
(g) Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
in law or equity by a party against the United States,
its agencies, its officers, or any person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13196. FINAL NORTHWESTERN HAWAIIAN
ISLANDS CORAL REEF ECOSYSTEM RESERVE
Ex. Ord. No. 13196, Jan. 18, 2001, 66 F.R. 7395, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Marine Sanctuaries
Act, (16 U.S.C. 1431 et seq.), and the National Marine
Sanctuaries Amendments Act of 2000, Public Law
106–513 [see Short Title of 2000 Amendment note set out
under section 1431 of this title], and in furtherance of
the purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.),
Marine Protection, Research, and Sanctuaries Act [of
1972] (33 U.S.C. 1401 et seq. [16 U.S.C. 1431 et seq., 1447 et
seq., 33 U.S.C. 1401 et seq., 2801 et seq.]), Coastal Zone
Management Act (16 U.S.C. 1451 et seq.), Endangered
Species Act [of 1973] (16 U.S.C. 1531 et seq.), Marine
Mammal Protection Act [of 1972] (16 U.S.C. 1362 [1361] et
seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National
Historic Preservation Act ([former] 16 U.S.C. 470 et seq.)
[see 54 U.S.C. 300101 et seq.], National Wildlife Refuge
System Administration Act (16 U.S.C. 668dd–e.e. [16
U.S.C. 668dd–668ee]), and other pertinent statutes, it is
ordered as follows:
SEC. 1. Preamble. On December 4, 2000, I issued Executive Order 13178 [set out above] establishing the North-

Page 2439

§ 6403

TITLE 16—CONSERVATION

western Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve) pursuant to my authority under the National Marine Sanctuaries Act, as amended by the National Marine Sanctuary Amendments Act of 2000
(Act). In establishing the Reserve, I set forth a number
of conservation measures and created specific Reserve
Preservation Areas to protect the coral reef ecosystem
and related marine resources and species (resources) of
the Reserve. The Act provides that no closure areas can
become permanent without adequate notice and comment. Accordingly, I proposed to make permanent the
Reserve Preservation Areas and initiated a 30-day comment period on this proposal. I also sought comment on
the conservation measures for the Reserve. On my behalf, the Secretary of Commerce received the public
comments and held seven public hearings, including six
throughout Hawaii. After considering the comments
expressed at the hearings and received in writing, I
have determined to make permanent the Reserve Preservation Areas with certain modifications set forth
below. Further, I have modified certain conservation
measures to address concerns raised, particularly regarding commercial and recreational fishing within the
Reserve. With this action, the establishment of the Reserve under the Act, including the conservation measures and permanent Reserve Preservation Areas, is
complete. The Secretary of Commerce will manage the
Reserve pursuant to Executive Order 13178, as modified
by this order, under the Act. The Secretary shall also
initiate the process to designate the Reserve as a National Marine Sanctuary, as required by the Act.
SEC. 2. Purpose. The purpose of this order is to amend
Executive Order 13178 [set out above], and to make permanent Reserve Preservation Areas, as modified below,
to ensure the comprehensive, strong, and lasting protection of the resources of the Northwestern Hawaiian
Islands.
[SECS. 3, 4. Amended Ex. Ord. No. 13178, set out
above.]
SEC. 5. Reserve Preservation Areas. The Reserve Preservation Areas, as modified in sections 3 and 4 of this
order, are hereby made permanent in accordance with
the Act.
SEC. 6. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
in law or equity by a party against the United States,
its agencies, its officers, or any person.
WILLIAM J. CLINTON.

§ 6402. National coral reef action strategy
(a) In general
Not later than 180 days after December 23,
2000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on
Resources of the House of Representatives and
publish in the Federal Register a national coral
reef action strategy, consistent with the purposes of this chapter. The Administrator shall
periodically review and revise the strategy as
necessary. In developing this national strategy,
the Secretary may consult with the Coral Reef
Task Force established under Executive Order
13089 (June 11, 1998).
(b) Goals and objectives
The action strategy shall include a statement
of goals and objectives as well as an implementation plan, including a description of the funds
obligated each fiscal year to advance coral reef
conservation. The action strategy and implementation plan shall include discussion of—
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;

(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States
or Federal agencies, including regional fishery
management councils; and
(8) conservation, including how the use of
marine protected areas to serve as replenishment zones will be developed consistent with
local practices and traditions.
(Pub. L. 106–562, title II, § 203, Dec. 23, 2000, 114
Stat. 2800.)
REFERENCES IN TEXT
Executive Order 13089, referred to in subsec. (a), is set
out as a note under section 6401 of this title.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 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).
(d) Geographic and biological diversity
The Administrator shall ensure that funding
for grants awarded under subsection (b) 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.

§ 6403

TITLE 16—CONSERVATION

(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).
(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).
(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 sub-

Page 2440

mitted 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, § 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.

Page 2441

L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which
is classified principally to chapter 38 (§ 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.

§ 6404. Coral reef conservation Fund
(a) Fund
The Administrator may enter into an agreement with a nonprofit organization that promotes coral reef conservation authorizing such
organization to receive, hold, and administer
funds received pursuant to this section. The organization shall invest, reinvest, and otherwise
administer the funds and maintain such funds
and any interest or revenues earned in a separate interest bearing account, hereafter referred
to as the Fund, established by such organization
solely to support partnerships between the public and private sectors that further the purposes
of this chapter and are consistent with the national coral reef action strategy under section
6402 of this title.
(b) Authorization to solicit donations
Pursuant to an agreement entered into under
subsection (a) of this section, an organization
may accept, receive, solicit, hold, administer,
and use any gift to further the purposes of this
chapter. Any moneys received as a gift shall be
deposited and maintained in the Fund established by the organization under subsection (a).
(c) Review of performance
The Administrator shall conduct a continuing
review of the grant program administered by an
organization under this section. Each review
shall include a written assessment concerning
the extent to which that organization has implemented the goals and requirements of this section and the national coral reef action strategy
under section 6402 of this title.
(d) Administration
Under an agreement entered into pursuant to
subsection (a), the Administrator may transfer
funds appropriated to carry out this chapter to
an organization. Amounts received by an organization under this subsection may be used for
matching, in whole or in part, contributions
(whether in money, services, or property) made
to the organization by private persons and State
and local government agencies.
(Pub. L. 106–562, title II, § 205, Dec. 23, 2000, 114
Stat. 2803.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), 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.

§ 6405. Emergency assistance
The Administrator may make grants to any
State, local, or territorial government agency
with jurisdiction over coral reefs for emergencies to address unforeseen or disaster-related
circumstance 1 pertaining to coral reefs or coral
reef ecosystems.
(Pub. L. 106–562, title II, § 206, Dec. 23, 2000, 114
Stat. 2804.)
1 So

in original.

§ 6407

TITLE 16—CONSERVATION
§ 6406. National program

(a) In general
Subject to the availability of appropriations,
the Secretary may conduct activities to conserve coral reefs and coral reef ecosystems, that
are consistent with this chapter, the National
Marine Sanctuaries Act [16 U.S.C. 1431 et seq.],
the Coastal Zone Management Act of 1972 [16
U.S.C. 1451 et seq.], the Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1801 et seq.], the Endangered Species Act
of 1973 [16 U.S.C. 1531 et seq.], and the Marine
Mammal Protection Act of 1972 [16 U.S.C. 1361 et
seq.].
(b) Authorized activities
Activities authorized under subsection (a) include—
(1) mapping, monitoring, assessment, restoration, and scientific research that benefit
the understanding, sustainable use, and longterm conservation of coral reefs and coral reef
ecosystems;
(2) enhancing public awareness, education,
understanding, and appreciation of coral reefs
and coral reef ecosystems;
(3) providing assistance to States in removing abandoned fishing gear, marine debris, and
abandoned vessels from coral reefs to conserve
living marine resources; and
(4) cooperative conservation and management of coral reefs and coral reef ecosystems
with local, regional, or international programs
and partners.
(Pub. L. 106–562, title II, § 207, Dec. 23, 2000, 114
Stat. 2804.)
REFERENCES IN TEXT
The National Marine Sanctuaries Act, referred to in
subsec. (a), is title III of Pub. L. 92–532, Oct. 23, 1972, 86
Stat. 1061, as amended, which is classified generally to
chapter 32 (§ 1431 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1431 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to
in subsec. (a), is title III of Pub. L. 89–454, as added by
Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended,
which is classified generally to chapter 33 (§ 1451 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1451 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in subsec. (a), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is
classified principally to chapter 38 (§ 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.
The Endangered Species Act of 1973, referred to in
subsec. (a), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
as amended, which is classified principally to chapter
35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 1531 of this title and Tables.
The Marine Mammal Protection Act of 1972, referred
to in subsec. (a), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat.
1027, as amended, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1361 of this title and Tables.

§ 6407. Effectiveness reports
(a) Grant program
Not later than 3 years after December 23, 2000,
the Administrator shall submit to the Commit-

§ 6408

TITLE 16—CONSERVATION

tee on Commerce, Science, and Transportation
of the Senate and the Committee on Resources
of the House of Representatives a report that
documents the effectiveness of the grant program under section 6403 of this title in meeting
the purposes of this chapter. The report shall include a State-by-State summary of Federal and
non-Federal contributions toward the costs of
each project.
(b) National program
Not later than 2 years after the date on which
the Administrator publishes the national coral
reef strategy under section 6402 of this title and
every 2 years thereafter, the Administrator
shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Resources of the House of
Representatives a report describing all activities undertaken to implement that strategy,
under section 6402 of this title, including a description of the funds obligated each fiscal year
to advance coral reef conservation.
(Pub. L. 106–562, title II, § 208, Dec. 23, 2000, 114
Stat. 2804.)
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 6408. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the
Secretary to carry out this chapter $16,000,000
for each of fiscal years 2001, 2002, 2003, and 2004,
which may remain available until expended.
(b) Administration
Of the amounts appropriated under subsection
(a), not more than the lesser of $1,000,000 or 10
percent of the amounts appropriated, may be
used for program administration or for overhead
costs incurred by the National Oceanic and Atmospheric Administration or the Department of
Commerce and assessed as an administrative
charge.
(c) Coral reef conservation program
From the amounts appropriated under subsection (a), there shall be made available to the
Secretary $8,000,000 for each of fiscal years 2001,
2002, 2003, and 2004 for coral reef conservation activities under section 6403 of this title.
(d) National coral reef activities
From the amounts appropriated under subsection (a), there shall be made available to the
Secretary $8,000,000 for each of fiscal years 2001,
2002, 2003, and 2004 for activities under section
6406 of this title.
(Pub. L. 106–562, title II, § 209, Dec. 23, 2000, 114
Stat. 2805.)
§ 6409. Definitions
In this chapter:
(1) Administrator
The term ‘‘Administrator’’ means the Administrator of the National Oceanic and Atmospheric Administration.

Page 2442

(2) Conservation
The term ‘‘conservation’’ means the use of
methods and procedures necessary to preserve
or sustain corals and associated species as diverse, viable, and self-perpetuating coral reef
ecosystems, including all activities associated
with resource management, such as assessment, conservation, protection, restoration,
sustainable use, and management of habitat;
mapping; habitat monitoring; assistance in
the development of management strategies for
marine protected areas and marine resources
consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.); law
enforcement; conflict resolution initiatives;
community outreach and education; and that
promote safe and ecologically sound navigation.
(3) Coral
The term ‘‘coral’’ means species of the phylum Cnidaria, including—
(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), Alcyanacea
(soft corals), and Coenothecalia (blue coral),
of the class Anthozoa; and
(B) all species of the order Hydrocorallina
(fire corals and hydrocorals) of the class
Hydrozoa.
(4) Coral reef
The term ‘‘coral reef’’ means any reefs or
shoals composed primarily of corals.
(5) Coral reef ecosystem
The term ‘‘coral reef ecosystem’’ means
coral and other species of reef organisms (including reef plants) associated with coral
reefs, and the nonliving environmental factors
that directly affect coral reefs, that together
function as an ecological unit in nature.
(6) Coral products
The term ‘‘coral products’’ means any living
or dead specimens, parts, or derivatives, or
any product containing specimens, parts, or
derivatives, of any species referred to in paragraph (3).
(7) Secretary
The term ‘‘Secretary’’ means the Secretary
of Commerce.
(8) State
The term ‘‘State’’ means any State of the
United States that contains a coral reef ecosystem within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and
any other territory or possession of the United
States, or separate sovereign in free association with the United States, that contains a
coral reef ecosystem within its seaward boundaries.
(Pub. L. 106–562, title II, § 210, Dec. 23, 2000, 114
Stat. 2805.)
REFERENCES IN TEXT
The National Marine Sanctuaries Act, referred to in
par. (2), is title III of Pub. L. 92–532, Oct. 23, 1972, 86

Page 2443

Stat. 1061, as amended, which is classified generally to
chapter 32 (§ 1431 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1431 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in par. (2), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is
classified principally to chapter 38 (§ 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.

CHAPTER 84—HEALTHY FOREST
RESTORATION
Sec.

6501.
6502.

Purposes.
Definitions.

SUBCHAPTER I—HAZARDOUS FUEL REDUCTION
ON FEDERAL LAND
6511.
6512.
6513.
6514.
6515.
6516.
6517.
6518.

Definitions.
Authorized hazardous fuel reduction projects.
Prioritization.
Environmental analysis.
Special administrative review process.
Judicial review in United States district
courts.
Effect of subchapter.
Authorization of appropriations.

6531.

Repealed.

SUBCHAPTER II—BIOMASS
SUBCHAPTER III—WATERSHED FORESTRY
ASSISTANCE
6541.
6542.
6543.

Omitted.
Water Source Protection Program.
Watershed Condition Framework.

SUBCHAPTER IV—INSECT INFESTATIONS AND
RELATED DISEASES
6551.
6552.
6553.
6554.
6555.
6556.

Findings and purpose.
Definitions.
Accelerated information gathering regarding
forest-damaging insects.
Applied silvicultural assessments.
Relation to other laws.
Termination of effectiveness.

SUBCHAPTER V—HEALTHY FORESTS RESERVE
PROGRAM
6571.
6572.
6573.
6574.
6575.
6576.
6577.
6578.

Establishment of healthy forests reserve program.
Eligibility and enrollment of lands in program.
Restoration plans.
Financial assistance.
Technical assistance.
Protections and measures.
Involvement by other agencies and organizations.
Funding.
SUBCHAPTER VI—MISCELLANEOUS

6591.

6591a.
6591b.
6591c.
6591d.
6591e.

§ 6501

TITLE 16—CONSERVATION

Forest stands inventory and monitoring program to improve detection of and response
to environmental threats.
Designation of treatment areas.
Administrative review.
Stewardship end result contracting projects.
Wildfire resilience projects.
Categorical exclusion for greater sage-grouse
and mule deer habitat.

§ 6501. Purposes
The purposes of this chapter are—
(1) to reduce wildfire risk to communities,
municipal water supplies, and other at-risk

Federal land through a collaborative process
of planning, prioritizing, and implementing
hazardous fuel reduction projects;
(2) to authorize grant programs to improve
the commercial value of forest biomass (that
otherwise contributes to the risk of catastrophic fire or insect or disease infestation)
for producing electric energy, useful heat,
transportation fuel, and petroleum-based product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds
and address threats to forest and rangeland
health, including catastrophic wildfire, across
the landscape;
(4) to promote systematic gathering of information to address the impact of insect and
disease infestations and other damaging
agents on forest and rangeland health;
(5) to improve the capacity to detect insect
and disease infestations at an early stage, particularly with respect to hardwood forests; and
(6) to protect, restore, and enhance forest
ecosystem components—
(A) to promote the recovery of threatened
and endangered species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon sequestration.
(Pub. L. 108–148, § 2, Dec. 3, 2003, 117 Stat. 1888.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 108–148, Dec. 3, 2003, 117
Stat. 1887, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note below and Tables.
SHORT TITLE
Pub. L. 108–148, § 1(a), Dec. 3, 2003, 117 Stat. 1887, provided that: ‘‘This Act [enacting this chapter and section 2103b of this title and amending sections 6601, 8606,
and 8609 of Title 7, Agriculture] may be cited as the
‘Healthy Forests Restoration Act of 2003’.’’
WILDFIRE HAZARD SEVERITY MAPPING FOR
COMMUNITIES
Pub. L. 115–141, div. O, title II, § 210, Mar. 23, 2018, 132
Stat. 1067, provided that:
‘‘(a) MAP REQUIRED.—Not later than 2 years after the
date of the enactment of this section [Mar. 23, 2018], the
Secretary of Agriculture, acting through the Chief of
the Forest Service, shall—
‘‘(1) develop and publish a geospatial map appropriate for community-level use that depicts wildfire
hazard severity to inform at-risk communities that
are—
‘‘(A) adjacent to National Forest System lands; or
‘‘(B) affected by wildland fire, as determined by
the Secretary; and
‘‘(2) disseminate the information under paragraph
(1) in an appropriate, web-based format for use by
such communities to—
‘‘(A) improve understanding of their risk profile;
‘‘(B) clarify thinking on the nature and effect of
wildfire risks; and
‘‘(C) develop plans to manage and mitigate those
risks.
‘‘(b) PURPOSES OF MAP.—The purposes of the map required under subsection (a) are as follows:
‘‘(1) To inform evaluations of wildfire risk.
‘‘(2) To prioritize fuels management needs.
‘‘(3) To depict the relative potential for wildfire
that could be difficult for suppression resources to
contain and that could cause ignitions to structures.