Sec. 102. Emergency response

956 words·~4 min read·/bill/114/hr/5821/ih/section-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 206 ( 16 U.S.C. 6405 ) is amended to read as follows: The appropriate official may undertake or authorize action necessary— to minimize the destruction of or injury to a coral reef, or loss of an ecosystem function of a coral reef, from— vessel impacts, derelict fishing gear, vessel anchors, and anchor chains; and from unforeseen or disaster-related circumstances as a result of human activities; and to stabilize, repair, recover, or restore a coral reef that is destroyed or injured, or that has incurred the loss of an ecosystem function, as described in paragraph (1). Action authorized by subsection

(a)includes vessel removal and emergency stabilization of the vessel or any impacted coral reef. When possible, action by the appropriate official under this section should— be conducted in partnership with other government agencies as appropriate, including— the Coast Guard, the Federal Emergency Management Agency, the Army Corps of Engineers, the Environmental Protection Agency, and the Department of the Interior; and agencies of States; and leverage resources of other agencies. The head of any other Federal or State agency may assist the appropriate official in emergency response actions under this section, using funds available for operations of the agency concerned. The appropriate official, subject to the availability of appropriations, may reimburse a Federal or State agency for assistance provided under paragraph (1). For purposes of the provisions set forth in paragraph (2), and subject to paragraph (5), each of the terms sanctuary resources , resource , sanctuary resource managed under law or regulations for that sanctuary , national marine sanctuary , sanctuary resources of the national marine sanctuary , and sanctuary resources of other national marine sanctuaries is deemed to include any coral reef that is subject to the jurisdiction of the United States or any State, without regard to whether such coral reef is located in a national marine sanctuary. The provisions referred to in paragraph

(1)are the following provisions of the National Marine Sanctuaries Act: Paragraphs

(6)and

(7)of section 302 ( 16 U.S.C. 1432 ). Paragraphs (1), (2), (3), and

(4)of section 306 ( 16 U.S.C. 1436 ). Section 307 ( 16 U.S.C. 1437 ). Section 312 ( 16 U.S.C. 1443 ). The destruction, loss, or injury of a coral reef or any component thereof is not unlawful if it was— caused by the use of fishing gear in a manner that is not prohibited under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) or other Federal or State law; or caused by an activity that is authorized by Federal or State law, including any lawful discharge from a vessel of graywater, cooling water, engine exhaust, ballast water, or sewage from a marine sanitation device, unless the destruction, loss, or injury is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than— excessive sampling or collecting; and destruction, loss, or injury that is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; or caused by a Federal Government agency in— an emergency that posed an unacceptable threat to human health or safety or to the marine environment; an emergency that posed a threat to national security; or an activity necessary for law enforcement purposes or search and rescue; and could not be avoided. A person is not liable under this subsection if that person establishes that— the destruction or loss of, or injury to, the coral reef or coral reef ecosystem was caused solely by an act of God, an act of war, or an act of omission of a third party, and the person acted with due care; the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or the destruction, loss, or injury was negligible. This subsection shall not apply to any coral reef that is subject to the jurisdiction of a State, and not located within a National Park, National Wildlife Refuge, or National Marine Sanctuary, unless the Governor of that State notifies the appropriate official that the State consents to that application. The governor of a State may revoke consent under subparagraph

(A)by notifying the appropriate official of such revocation. Any action taken under the authority of this subsection must be consistent with otherwise applicable international laws and treaties. For purposes of subparagraph (A), actions authorized under this subsection include vessel removal, and emergency re-stabilization of a vessel and any coral reef that is impacted by a vessel. Nothing in this title shall alter the liability of any person under any other provision of law. In this section, the term appropriate official — except as provided in paragraphs

(2)and (3), means the Administrator of the National Oceanic and Atmospheric Administration; except as provided in paragraph (3), means the Secretary of the Interior for purposes of application of this section to— any unit of the National Park System; any unit of the National Wildlife Refuge System; or any Marine National Monument that is designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431 ) (popularly known as the Antiquities Act ), and that is under the administrative jurisdiction of the Secretary of the Interior; and means the Secretary of Commerce, with respect to any coral reef or component thereof that is located in any Marine National Monument designated under the law referred to in paragraph (2)(C) and that is under the administrative jurisdiction of the Secretary of Commerce. .

Connectionstraces to 8

Traces to 8 documents

U.S. Code