[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2233 Referred in Senate (RFS)]

  2d Session
                                H. R. 2233


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 27, 1998

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
             To assist in the conservation of coral reefs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coral Reef Conservation Act of 
1997''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To preserve, sustain, and restore the health of coral 
        reef ecosystems.
            (2) To assist in the conservation and protection of coral 
        reefs by supporting conservation programs.
            (3) To provide financial resources for those programs.
            (4) To establish a formal mechanism for collecting and 
        allocating monetary donations from the private sector to be 
        used for coral reef conservation projects.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 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), and 
                Coenothecalia (blue coral), of the class Anthozoa; and
                    (B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals), of the class Hydrozoa.
            (2) Coral reef.--The term ``coral reef'' means any reef or 
        shoal composed primarily of the skeletal material of species of 
        the order Scleractinia (class Anthozoa).
            (3) Coral reef ecosystem.--The term ``coral reef 
        ecosystem'' means the complex of species associated with coral 
        reefs and their environment that--
                    (A) functions as an ecological unit in nature; and
                    (B) is necessary for that function to continue.
            (4) Corals and coral products.--The term ``corals and 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 (1).
            (5) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to preserve or sustain 
        corals and species associated with coral reefs as diverse, 
        viable, and self-perpetuating coral reef ecosystems, including 
        all activities associated with resource management, such as 
        conservation, protection, restoration, and management of 
        habitat; 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 through community participation; conflict 
        resolution initiatives; and community outreach and education.
            (6) Fund.--The term ``Fund'' means the Coral Reef 
        Conservation Fund established under section 5(a).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. CORAL REEF CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability of 
funds, shall use amounts in the Fund to provide grants of financial 
assistance for projects for the conservation of coral reefs for which 
final project proposals are approved by the Secretary in accordance 
with this section.
    (b) Project Proposal.--Any relevant natural resource management 
authority of a State or territory of the United States or other 
government jurisdiction with coral reefs whose activities directly or 
indirectly affect coral reefs, or any nongovernmental organization or 
individual with demonstrated expertise in the conservation of coral 
reefs, may submit to the Secretary a project proposal under this 
section. Each proposal shall include the following:
            (1) The name of the individual responsible for conducting 
        the project.
            (2) A succinct statement of the purposes of the project.
            (3) A description of the qualifications of the individuals 
        who will conduct the project.
            (4) An estimate of the funds and time required to complete 
        the project.
            (5) Evidence of support of the project by appropriate 
        representatives of States or territories of the United States 
        or other government jurisdictions in which the project will be 
        conducted, if the Secretary determines that the support is 
        required for the success of the project.
            (6) Information regarding the source and amount of matching 
        funding available to the applicant.
            (7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this Act.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall review each final 
        project proposal to determine if it meets the criteria set 
        forth in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than 
        6 months after receiving a final project proposal, and subject 
        to the availability of funds, the Secretary shall--
                    (A) request written comments on the proposal from 
                each State or territory of the United States 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.), within which 
                the project is to be conducted;
                    (B) provide for the merit-based peer review of the 
                proposal and require standardized documentation of that 
                peer review;
                    (C) after reviewing any written comments and 
                recommendations based on merit review, approve or 
                disapprove the proposal; and
                    (D) provide written notification of that approval 
                or disapproval to the person who submitted the 
                proposal, and each of those States, territories, and 
                other government jurisdictions.
    (d) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section if the project will enhance 
programs for conservation of coral reefs by assisting efforts to--
            (1) implement conservation programs;
            (2) address 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) enhance compliance with laws that prohibit or regulate 
        the taking of corals, species associated with coral reefs, and 
        coral products or regulate the use and management of coral reef 
        ecosystems;
            (4) develop sound scientific information on the condition 
        of coral reef ecosystems or the threats to such ecosystems; or
            (5) promote cooperative projects on coral reef conservation 
        that involve foreign governments, affected local communities, 
        nongovernmental organizations, or others in the private sector.
    (e) Project Sustainability.--In determining whether to approve 
project proposals under this section, the Secretary shall give priority 
to projects which promote sustainable development and ensure effective, 
long-term conservation of coral reefs.
    (f) Project Reporting.--Each grantee under this section shall 
provide periodic reports, as the Secretary considers necessary, to the 
Secretary. Each report shall include all information required by the 
Secretary for evaluating the progress and success of the project.
    (g) Matching Funds.--The Secretary may not approve a project 
proposal under this section unless the Secretary determines that there 
are non-Federal matching funds available to pay at least 50 percent of 
the total cost of the project.

SEC. 5. CORAL REEF CONSERVATION FUND.

    (a) Establishment.--There is established in the general fund of the 
Treasury a separate account, to be known as the ``Coral Reef 
Conservation Fund'', which shall consist of amounts deposited into the 
Fund by the Secretary of the Treasury under subsection (b).
    (b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
            (1) all amounts received by the Secretary in the form of 
        monetary donations under subsection (d); and
            (2) other amounts appropriated to the Fund.
    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may use amounts in the Fund without further appropriation to 
        provide assistance under section 4.
            (2) Administration.--Of amounts in the Fund available for 
        each fiscal year, the Secretary may use not more than 3 percent 
        to administer the Fund.
    (d) Acceptance and Use of Monetary Donations.--The Secretary may 
accept and use monetary donations to provide assistance under section 
4. Amounts received by the Secretary in the form of donations shall be 
transferred to the Secretary of the Treasury for deposit into the Fund.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $1,000,000 for 
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this 
Act, which may remain available until expended.

            Passed the House of Representatives November 13, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.