§ 1461. National Estuarine Research Reserve System
(a)
Establishment of System
There is established the National Estuarine Research Reserve System (hereinafter referred to in this section as the “System”) that consists of—
(2)
each estuarine area designated as a national estuarine reserve under subsection (b) of this section.
Each estuarine sanctuary referred to in paragraph (1) is hereby designated as a national estuarine reserve.
(b)
Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate an estuarine area as a national estuarine reserve if—
(1)
the Governor of the coastal state in which the area is located nominates the area for that designation; and
(2)
the Secretary finds that—
(A)
the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System;
(B)
the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research;
(c)
Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of research within the System that shall include—
(1)
a mechanism for identifying, and establishing priorities among, the coastal management issues that should be addressed through coordinated research within the System;
(2)
the establishment of common research principles and objectives to guide the development of research programs within the System;
(3)
the identification of uniform research methodologies which will ensure comparability of data, the broadest application of research results, and the maximum use of the System for research purposes;
(4)
the establishment of performance standards upon which the effectiveness of the research efforts and the value of reserves within the System in addressing the coastal management issues identified in paragraph (1) may be measured; and
(5)
the consideration of additional sources of funds for estuarine research than the funds authorized under this chapter, and strategies for encouraging the use of such funds within the System, with particular emphasis on mechanisms established under subsection (d) of this section.
In developing the guidelines under this section, the Secretary shall consult with prominent members of the estuarine research community.
(d)
Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote and coordinate the use of the System for research purposes including—
(e)
Financial assistance
(1)
The Secretary may, in accordance with such rules and regulations as the Secretary shall promulgate, make grants—
(A)
to a coastal state—
(i)
for purposes of acquiring such lands and waters, and any property interests therein, as are necessary to ensure the appropriate long-term management of an area as a national estuarine reserve,
(2)
Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States, including requiring coastal states to execute suitable title documents setting forth the property interest or interests of the United States in any lands and waters acquired in whole or part with such financial assistance.
(3)
(A)
The amount of the financial assistance provided under paragraph (1)(A)(i) with respect to the acquisition of lands and waters, or interests therein, for any one national estuarine reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein or $5,000,000, whichever amount is less.
(B)
The amount of the financial assistance provided under paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed 70 percent of the costs incurred to achieve the purposes described in those paragraphs with respect to a reserve; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System.
(f)
Evaluation of System performance
(1)
The Secretary shall periodically evaluate the operation and management of each national estuarine reserve, including education and interpretive activities, and the research being conducted within the reserve.
(2)
If evaluation under paragraph (1) reveals that the operation and management of the reserve is deficient, or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection (c) of this section, the Secretary may suspend the eligibility of that reserve for financial assistance under subsection (e) of this section until the deficiency or inconsistency is remedied.
(g)
Report
The Secretary shall include in the report required under section
1462 of this title information regarding—