[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2903
To assist in the conservation of coral reefs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 1999
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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 and
Restoration Act of 1999''.
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) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Director of the Office of
Restoration and Response.
SEC. 4. CORAL REEF CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
funds, shall 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 or
restoration 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 or restoration of coral reefs by assisting
efforts to--
(1) implement conservation or restoration 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
or restoration that involve 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 or restoration 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. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this Act $10,000,000 for each of fiscal years
2000, 2001, 2002, 2003, and 2004 which may remain available until
expended.
(b) Limitation on Use for Administration and Overhead.--No more
than 10 percent of the amounts appropriated under the authority
provided in subsection (a) may be used to pay 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.
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