Sec. 106. National estuarine research reserve system
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/bill/115/s/2472/is/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 315 ( 16 U.S.C. 1461 ) is amended— in subsection (a)— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph (A), as redesignated, by inserting
(2)before In general .— There is and indenting appropriately; in the matter following subparagraph (B), as redesignated, by inserting
(2); National estuarine reserves .— in paragraph (1), as redesignated, by striking consists of— and inserting is a network of areas designated to promote informed management of the Nation's estuarine and coastal areas through interconnected programs in resource stewardship, education and training, monitoring, research, and scientific understanding consisting of— ; and in paragraph (2), as redesignated, by striking paragraph
(1)and inserting paragraph (1)(A) ; by amending subsection (b)(2)(C) to read as follows: designation of the area as a reserve will serve to enhance State coastal management, public awareness, and understanding of estuarine areas, and provide suitable opportunities for education, interpretation, training, and demonstration projects; and ; by redesignating subsections
(c)through
(g)as subsections
(d)through (h), respectively; by inserting after subsection
(b)the following: Subject to paragraph (2), the Secretary shall periodically evaluate whether to expand the estuarine area of each national estuarine reserve. In evaluating whether to expand the area described in paragraph (1), the Secretary shall consider— the recommendations of— prominent members of the estuarine research community; the Governor of the coast State in which the area is located; the System; and the head of each relevant Federal agency; any changing environmental conditions, including increased pressure on the resources to be researched and potential adaptation benefits of the expansion; and the impact to that national estuarine reserve and the System. ; in subsection (f), as redesignated— in paragraph (1)(A)— in clause (i), by striking reserve and inserting reserve; and ; in clause (ii), by striking and constructing appropriate reserve facilities, or and inserting , including for resource stewardship activities and for constructing reserve facilities ; and by striking clause (iii); by amending paragraph (1)(B) to read as follows: to any coastal State or public or private person— for purposes of supporting research and monitoring association with a national estuarine reserve that are consistent with the research guidelines developed under subsection (d); or for purposes of conducting educational, interpretive, or training activities for a national estuarine reserve that are consistent with the research guidelines developed under subsection (d). ; and by adding at the end the following: The Secretary may— enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with any nonprofit organization, authorizing the nonprofit organization to solicit donations to carry out the purposes and policies of this section, except for general administration of reserves or the System, and which are consistent with the purposes and policies of this section; and accept donations of funds and services for use in carrying out the purposes and policies of this section, except for general administration of reserves or the System, and which are consistent with the purposes and policies of this section. Donations accepted under this paragraph shall be considered as a gift or bequest to or for the use of the United States for the purpose of carrying out this section ; and by amending subsection (g), as redesignated, to read as follows: The Secretary shall periodically evaluate the operation and management of the National Estuarine Research Reserve System and each national estuarine reserve, including coordination with other State programs, education and interpretive activities, and the research being conducted within the reserve. If an evaluation under paragraph
(1)reveals that the operation, management, education, or research conducted by the System as a whole is deficient, the Secretary shall provide the System with recommendations to improve the deficiencies. If an evaluation under paragraph
(1)reveals that the operation and management of a reserve is deficient, or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection (d), the Secretary may suspend the eligibility of that reserve for financial assistance under subsection
(f)until the deficiency or inconsistency is remedied. The Secretary may withdraw the designation of an estuarine area as a national estuarine reserve if an evaluation under paragraph
(1)reveals that— the basis for any one or more of the findings under subsection (b)(2) regarding that area no longer exists; or a substantial portion of the research conducted within the area, over a period of years, has not been consistent with the research guidelines developed under subsection (d). . Section 315 ( 16 U.S.C. 1461 ), as amended, is further amended— in subsection (d)(5), as redesignated, by striking subsection
(d)and inserting subsection
(e); and in subsection (h), as redesignated, by striking subsection
(f)and inserting subsection
(g). Nothing in this section, or the amendments made by this section, may be construed to affect any grant made or financial assistance provided under section 315 of the Coast Zone Management Act of 1972 ( 16 U.S.C. 1461 ) before the date of enactment of this Act.
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Sec. 106
National estuarine research reserve system
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