[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3133

 To authorize the Secretary of Commerce, through the National Oceanic 
  and Atmospheric Administration, to provide financial assistance for 
       coral reef conservation projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1999

 Mr. Faleomavaega (for himself, Mr. Abercrombie, Mrs. Christensen, Mr. 
    Deutsch, Mr. Romero-Barcelo, and Mr. Underwood) introduced the 
 following bill; which was referred to the Committee on Resources, and 
in addition to the Committee on Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
condideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Commerce, through the National Oceanic 
  and Atmospheric Administration, to provide financial assistance for 
       coral reef conservation projects, and for other purposes.

    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 Protection Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Coral reefs and coral reef ecosystems are considered 
        the marine equivalent of tropical rain forests, containing some 
        of the planet's richest biological diversity, habitats, and 
        systems and supporting thousands of fish, invertebrates, reef 
        algae, plankton, sea grasses, and other species.
            (2) Coral reefs and coral reef ecosystems have great 
        commercial, recreational, cultural, and esthetic value to human 
        communities as shoreline protection, areas of natural beauty, 
        and sources of food, pharmaceuticals, jobs, and revenues 
        through a wide variety of activities, including education, 
        research, tourism, and fishing.
            (3) Studies indicate that coral reefs in the United States 
        and around the world are being degraded and severely threatened 
        by human and environmental impacts including land-based 
        pollution, overfishing, destructive fishing practices, vessel 
        groundings, and climate change.
            (4) Since 1994, under the United States Coral Reef 
        Initiative, Federal agencies, State and local governments, 
        nongovernmental organizations, and commercial interests have 
        worked together to design and implement additional management, 
        education, monitoring, research, and restoration efforts to 
        conserve coral reef ecosystems.
            (5) 1997 was recognized as the Year of the Reef to raise 
        public awareness about the importance of conserving coral reefs 
        and to facilitate actions to protect coral reef ecosystems.
            (6) On October 21, 1997, the 105th Congress agreed to House 
        Concurrent Resolution 8, a concurrent resolution recognizing 
        the significance of maintaining the health and stability of 
        coral reef ecosystems by promoting comprehensive stewardship 
        for coral reef ecosystems, discouraging unsustainable fisheries 
        or other practices harmful to coral reefs, encouraging 
        research, monitoring, assessment of, and education on coral 
        reef ecosystems, improving coordination of coral reef efforts 
        and activities of Federal agencies, academic institutions, 
        nongovernmental organizations, and industry, and promoting 
        preservation and sustainable use of coral reef resources 
        worldwide.
            (7) 1998 was declared to be the International Year of the 
        Ocean to raise public awareness and increase actions to 
        conserve and use in a sustainable manner the broader ocean 
        environment, including coral reefs.
            (8) On June 11, 1998, President William Jefferson Clinton 
        signed Executive Order 13089 (64 Fed. Reg. 323701) which 
        recognizes the importance of conserving coral reef ecosystems, 
        establishes the Coral Reef Task Force under the joint 
        leadership of the Departments of Commerce and Interior, and 
        directs Federal agencies whose actions may affect United States 
        coral reef ecosystems to take steps to protect, manage, 
        research, and restore such ecosystems.
            (9) The Nation benefits from--
                    (A) specific actions and programs involving coral 
                reefs and coral reef ecosystems including National 
                Marine Sanctuaries, National Wildlife Refuges, National 
                Parks, and other marine protected areas that conserve 
                for future generations vital marine resources, 
                ecosystems, and habitats;
                    (B) the identification of coral habitats as 
                essential fish habitat under the Magnuson-Stevens 
                Fishery Conservation and Management Act, which requires 
                aggressive efforts to minimize adverse effects on such 
                habitat caused by fishing;
                    (C) identification of other actions to encourage 
                the conservation and enhancement of such habitat; and
                    (D) State coastal management programs for the 
                protection, development, and where possible, 
                restoration and enhancement of the resources of the 
                Nation's coastal zone for this and succeeding 
                generations under the Coastal Zone Management Act of 
                1972 and other related statutes.
            (10) Legislation solely dedicated to the comprehensive and 
        coordinated conservation, management, protection, and 
        restoration of coral reefs and coral reef ecosystems would 
        supplement Executive Order 13089 and House Concurrent 
        Resolution 8 of the 105th Congress, and complement the 
        management, protection, and conservation provided by such 
        programs as those administered under the National Marine 
        Sanctuaries Act, the Coastal Zone Management Act of 1972, and 
        the Magnuson-Stevens Fishery Conservation and Management Act, 
        as well as those administered by other Federal and State 
        agencies.

SEC. 3. POLICY.

    It is the policy of the United States--
            (1) to conserve and protect the ecological integrity of 
        coral reef ecosystems;
            (2) to maintain the health, natural conditions, and 
        dynamics of those ecosystems;
            (3) to reduce and remove human stresses affecting reefs;
            (4) to restore coral reef ecosystems injured by human 
        activities; and
            (5) to promote the long-term sustainable use of coral reef 
        ecosystems.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (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; and
            (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. 5. DEFINITIONS.

    In this Act:
            (1) Baseline.--The term ``baseline'' means the condition of 
        coral or coral reef resources and services that would have 
        existed if an incident had not occurred.
            (2) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to preserve or sustain 
        coral reefs and coral reef ecosystems as diverse, viable, and 
        self-perpetuating ecosystems, including--
                    (A) all activities associated with resource 
                management, such as assessment, science, conservation, 
                protection, restoration, sustainable use, management of 
                habitat, and water quality;
                    (B) habitat monitoring;
                    (C) 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.), the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and other Federal and State 
                statutes;
                    (D) law enforcement;
                    (E) conflict resolution initiatives;
                    (F) community outreach and education; and
                    (G) promotion of safe and ecologically sound 
                navigation.
            (3) Coral.--The term ``coral'' means species of the phylum 
        Cnidaria, including--
                     (A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Alcyonacea (soft 
                corals), Gorgonacea (horny corals), Stolonifera 
                (organpipe corals and others), and Helioporacea (blue 
                coral) of the class Anthozoa; and
                     (B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals) of the class Hydrozoa.
            (4) Coral reef.--The term ``coral reef'' means any reef, 
        shoal, or other natural feature composed primarily of the solid 
        skeletal structures in which stony corals are major framework 
        constituents, within any maritime area or zone subject to the 
        jurisdiction or control of the United States (such as Federal 
        or State waters), including in the south Atlantic, Caribbean, 
        Gulf of Mexico, and Pacific Ocean.
            (5) Coral reef ecosystem.--The term ``coral reef 
        ecosystem'' means the interacting complex of species (including 
        reef plants of the phlya Chlorophyta, Phaeophyta, and 
        Rhodophyta) and nonliving variables associated with coral reefs 
        and their habitats that--
                    (A) function as an ecological unit in nature; and
                    (B) are mutually dependent on this function to 
                continue.
            (6) Damages.--The term ``damages'' includes--
                    (A) compensation for--
                            (i) the cost of restoring or rehabilitating 
                        an injured coral or coral reef resource and its 
                        services to baseline condition; and
                            (ii)(I) the cost of replacing or acquiring 
                        resources and services lost until the coral or 
                        coral reef resource has recovered to its 
                        baseline condition; or
                            (II) the value of the coral or coral reef 
                        resources and services from the date the injury 
                        occurred until the coral or coral reef resource 
                        has recovered to its baseline condition;
                    (B) the cost of damage assessments under section 
                9(a)(2)(B);
                    (C) the reasonable cost of monitoring appropriate 
                to the injured, restored, or replaced resources; and
                    (D) the cost of enforcement actions undertaken by 
                the Secretary for losses to coral or coral reef 
                resources.
            (7) Foundation.--The term ``foundation'' means any 
        qualified non-profit organization that specializes in natural 
        resource conservation.
            (8) Person.--The term ``person''--
                    (A) subject to subparagraph (B), has the meaning 
                given that term by section 1 of title 1, United States 
                Code; and
                    (B) includes any department, agency, and 
                instrumentality of the United States Government or any 
                State or local government.
            (9) Response costs.--The term ``response costs'' means the 
        costs of actions taken or authorized by the Secretary, or any 
        other head of a Federal or State agency, to minimize 
        destruction or loss of, or injury to, coral, coral reefs, or 
        coral reef ecosystems or to minimize the threat of such 
        destruction, loss, or injury, including enforcement activities 
        related to any incident.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (11) Service.--The term ``service'' means a function 
        performed by a coral or coral reef resource for the benefit of 
        another coral or coral reef resource, other natural resource, 
        or the public.
            (12) State.--The term ``State'' means--
                    (A) any coastal State of the United States that 
                contains coral within its seaward boundaries;
                    (B) American Samoa, Guam, the Northern Mariana 
                Islands, Puerto Rico, and the United States Virgin 
                Islands; and
                    (C) any other commonwealth, territory, or 
                possession of the United States that contains coral 
                within its seaward boundaries.

SEC. 6. CORAL REEF RESTORATION AND CONSERVATION PROGRAM.

    (a) Financial Assistance.--The Secretary, subject to the 
availability of funds, may provide financial assistance for projects 
that--
            (1) provide for the restoration of degraded or injured 
        coral reefs or coral reef ecosystems, including developing and 
        implementing cost-effective methods to restore or enhance 
        degraded or injured coral reefs and coral reef ecosystems; or
            (2) provide for the conservation of coral reefs or coral 
        reef ecosystems through projects other than those under 
        paragraph (1), that provide for the management, conservation, 
        and protection of coral reefs and coral reef ecosystems, 
        including mapping and assessment, management, protection 
        (including enforcement), scientific research, and short-term 
        and long-term monitoring that benefits the long-term 
        conservation of coral reefs and coral reef ecosystems.
    (b) Matching Requirements.--
            (1) 75-percent federal funding.--Except as provided in 
        paragraph (2), Federal funds provided for any project under 
        this section shall not exceed 75 percent of the total cost of 
        such project. In calculating that percentage, the non-Federal 
        share of project costs may be provided by in-kind contributions 
        and other noncash support.
            (2) Exceptions.--
                    (A) Small projects.--There is no matching 
                requirement for any grant under subsection (a) for a 
                project costing not more than $25,000.
                    (B) Higher level of support required.--If the 
                Secretary determines that a proposed project merits 
                support and cannot be undertaken without a higher rate 
                of Federal support, then the Secretary may approve 
                grants under this section with a matching requirement 
                other than that specified in paragraph (1).
    (c) Eligibility.--Any relevant natural resource management 
authority of a State or other government authority with jurisdiction 
over coral reefs or whose activities directly or indirectly affect 
coral reefs or coral reef ecosystems, or educational or non-
governmental institutions with demonstrated expertise in the 
conservation of coral reefs, may submit a coral reef restoration or 
conservation proposal to the Secretary under subsection (a).
    (d) Allocation.--The Secretary shall ensure that financial 
assistance provided under subsection (a) during a fiscal year is 
distributed so that--
            (1) not less than 40 percent of the funds available are 
        awarded for coral reef restoration and conservation projects in 
        the Pacific Ocean;
            (2) not less than 40 percent of the funds available are 
        awarded for coral reef restoration and conservation projects in 
        the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; 
        and
            (3) remaining funds are awarded for coral reef restoration 
        and conservation projects that address emerging priorities or 
        threats identified by the Secretary in consultation with the 
        Coral Reef Task Force under subsection (j).
    (e) Project Proposals.--Each proposal for a grant under this 
section shall include the following:
            (1) The name of the individual or entity 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 other government jurisdictions in 
        which the project will be conducted.
            (6) Information regarding the source and amount of matching 
        funding available to the applicant, as appropriate.
            (7) A description of how the project meets one or more of 
        the criteria in subsection (g).
            (8) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this Act.
    (f) Project Review and Approval.--
            (1) In general.--The Secretary shall review each final 
        coral reef conservation project proposal to determine if it 
        meets the criteria set forth in subsection (g).
            (2) Review; approval or disapproval.--Not later than 3 
        months after receiving a final project proposal under this 
        section, the Secretary shall--
                    (A) request written comments on the proposal from 
                each Federal or State agency of the United States and 
                other government jurisdictions, including the relevant 
                regional fishery management councils established under 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), or any 
                National Marine Sanctuary, with jurisdiction or 
                management authority over coral reefs or coral reef 
                ecosystems in the area where the project is to be 
                conducted, including the extent to which the project is 
                consistent with locally-established priorities;
                    (B) for projects costing less than $25,000, provide 
                for expedited peer review of the proposal;
                    (C) for projects costing $25,000 or greater, 
                provide for the regional, merit-based peer review of 
                the proposal and require standardized documentation of 
                that peer review;
                    (D) after considering any written comments and 
                recommendations based on the reviews under 
                subparagraphs (A) and (B), approve or disapprove the 
                proposal; and
                    (E) provide written notification of that approval 
                or disapproval to the person who submitted the 
                proposal, and each of those States and other government 
                jurisdictions.
    (g) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section based on the written comments 
received and the extent that the project will enhance the conservation 
of coral reefs by--
            (1) implementing coral reef conservation programs which 
        promote sustainable development and ensure effective, long-term 
        conservation of coral reefs;
            (2) addressing the conflicts arising from the use of 
        environments near coral reefs or from the use of any living or 
        dead specimens, port, or derivatives, or any product containing 
        specimens, ports, or derivatives, of any coral or coral reef 
        ecosystem;
            (3) enhancing 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) developing sound scientific information on the 
        condition of coral reef ecosystems or the threats to such 
        ecosystems;
            (5) promoting cooperative projects on coral reef 
        conservation that involve affected local communities, non-
        governmental organizations, or others in the private sector; or
            (6) increasing public knowledge and awareness of coral reef 
        ecosystems and issues regarding their long term conservation.
    (h) Implementation Guidelines.--Within 90 days after the date of 
enactment of this Act, the Secretary shall promulgate necessary 
guidelines for implementing this section. In developing those 
guidelines, the Secretary shall consult with regional and local 
entities, including States, involved in setting priorities for 
conservation of coral reefs.
    (i) Technical Assistance.--The Secretary may provide technical 
assistance to any State or Federal agency with jurisdiction over coral 
reefs and coral reef ecosystems to further the purposes of this Act.
    (j) Coral Reef Task Force.--The Secretary shall consult with the 
Coral Reef Task Force established under Executive Order 13089 (64 Fed. 
Reg. 323701), to obtain guidance in establishing coral reef 
conservation project priorities under this section.

SEC. 7. NATIONAL PROGRAM.

    (a)  In General.--The Secretary may conduct activities that further 
the conservation of coral reefs or coral reef ecosystems on a regional, 
national, or international scale, or that further public awareness and 
education regarding coral reefs and coral reef ecosystems on a 
regional, national, or international scale. The activities should 
supplement and be consistent with the programs, policies, and statutes 
of affected States, the National Marine Sanctuaries Act, the Coastal 
Zone Management Act of 1972, the Magnuson-Stevens Fishery Conservation 
and Management Act, and other applicable Federal statutes, and, at a 
minimum, should include mapping and assessment, monitoring, management, 
and scientific research that benefits the long-term conservation of 
coral reefs and coral reef ecosystems.
    (b) Financial Assistance.--The Secretary may enter into joint 
projects with any Federal, State, or local authority, or provide 
financial assistance to any person for projects consistent with 
subsection (a), including projects that--
            (1) support, promote, and coordinate the assessment of, 
        scientific research on, monitoring of, or restoration of coral 
        reefs and coral reef ecosystems of the United States;
            (2) cooperate with global programs that conserve, manage, 
        protect, and study coral reefs and coral reef ecosystems; or
            (3) enhance public awareness, understanding, and 
        appreciation of coral reefs and coral reef ecosystems.

SEC. 8. DOCUMENTATION OF CERTAIN VESSELS.

    Section 12102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(e) A vessel otherwise eligible to be documented under this 
section may not be documented as a vessel of the United States if--
            ``(1) the owner of the vessel has abandoned any vessel on a 
        coral reef located in waters subject to the jurisdiction of the 
        United States; and
            ``(2) the abandoned vessel remains on the coral reef or was 
        removed from the coral reef using funds provided under section 
        6 or 7 of the Coral Reef Protection Act of 1999 or any other 
        provision of law having as its purpose protection of the 
        environment, including the Oil Pollution Act of 1990 and the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980, unless the owner of the vessel has 
        reimbursed the United States for environmental damage caused by 
        the vessel and the funds expended to remove it.''.

SEC. 9. CORAL REEF PROTECTION.

    (a) Destruction, Loss of, or Injury to, Coral, Coral Reefs, or 
Coral Reef Ecosystems.--
            (1) Liability.--
                    (A) Liability to the united states.--Any person who 
                destroys, causes the loss of, or injures any coral, 
                coral reef, or coral reef ecosystem, or creates a 
                threat of destruction, loss of, or injury to any coral, 
                coral reef, or coral reef ecosystem, is jointly and 
                severally liable to the United States for an amount 
                equal to the sum of--
                            (i) the response costs and damages 
                        resulting from the destruction, loss, or 
                        injury, or threat thereof;
                            (ii) the costs related to seizure, 
                        forfeiture, or storage arising from liability 
                        under this section; and
                            (iii) interests on the costs referred to in 
                        clauses (i) and (ii), calculated in the manner 
                        described under section 1005 of the Oil 
                        Pollution Act of 1990.
                    (B) Liability in rem.--Any vessel used to destroy, 
                cause the loss of, or injure any coral, coral reef, or 
                coral reef ecosystem or create a threat of destruction, 
                loss of, or injury to any coral, coral reef, or coral 
                reef ecosystem shall be liable in rem to the United 
                States for response costs, seizure, forfeiture, and 
                storage costs, and damages resulting from such 
                destruction, loss, or injury, or threat thereof. The 
                amount of that liability shall constitute a maritime 
                lien on the vessel and may be recovered in an action in 
                rem in the district court of the United States having 
                jurisdiction over the vessel.
                    (C) Limits to liability.--Nothing in sections 4281 
                through 4289 of the Revised Statutes of the United 
                States or section 3 of the Act of February 13, 1893, 
                shall limit the liability of any person or vessel under 
                this title.
                    (D) Relationship with other laws.--(i) This section 
                does not apply to any activity that is subject to 
                liability under the National Marine Sanctuaries Act (16 
                U.S.C. 1431 et seq.), or Public Law 101-337 (16 U.S.C. 
                19jj et seq.; pertaining to the National Park System).
                    (ii) Nothing in this section limits liability under 
                other Federal statutes or common law, except that there 
                shall be no double recovery of damages for the same 
                activity giving rise to liability under this section 
                and such other Federal statute or common law.
                    (iii) Nothing in this section precludes a Federal 
                or State agency from establishing more restrictive 
                measures to protect and conserve coral reefs and coral 
                reef ecosystems.
            (2) Response actions and damage assessment.--
                    (A) Response actions.--The Secretary may undertake 
                or authorize all necessary actions to prevent or 
                minimize the destruction or loss of, or injury to any, 
                coral, coral reef, or coral reef ecosystem, or to 
minimize the threat of such destruction, loss, or injury.
                    (B) Damage assessment.--The Secretary shall assess 
                damages to corals, coral reefs, and coral reef 
                ecosystems.
            (3) Civil actions for response costs and damages.--The 
        Attorney General, upon request of the Secretary, may commence a 
        civil action in the appropriate United States district court 
        against any person or vessel that may be liable under 
        subsection (a) for response costs, seizure, forfeiture, and 
        storage costs, or damages. The Secretary, acting as trustee for 
        coral reefs and coral reef ecosystems for the United States, 
        shall submit a request for such an action to the Attorney 
        General whenever a person or vessel may be liable for such 
        costs or damages.
            (4) Use of recovered amounts.--Response costs, seizure, 
        forfeiture, and storage costs, and damages recovered by the 
        Secretary under this section shall be retained by the Secretary 
        in the manner provided for in section 312(d) of the National 
        Marine Sanctuaries Act (16 U.S.C. 1443(d)), and used by the 
        Secretary as follows:
                    (A) Response costs and damage assessment costs.--
                Funds recovered as reimbursement for past response, 
                seizure, forfeiture, and storage costs, and damage 
                assessment costs under this section--
                            (i) shall be used, as the Secretary deems 
                        appropriate, to reimburse the Secretary or 
                        other Federal and State agencies for response 
                        costs, seizure, forfeiture, and storage costs, 
                        and the costs of undertaking damage 
                        assessments; and
                            (ii) may be used to fund future response 
                        actions and damage assessments.
                    (B) Restoration, replacement, and prevention.--All 
                other funds recovered under this section shall be used, 
                in order of priority--
                            (i) to restore, replace, or acquire the 
                        equivalent of the coral, coral reef, or coral 
                        reef ecosystem that was the subject of the 
                        action, including the costs of monitoring;
                            (ii) to prevent future threats of injuries 
                        to coral, coral reef, or coral reef ecosystems 
                        within the area that was the subject of the 
                        action;
                            (iii) to fund activities consistent with 
                        this Act in the area that was the subject of 
                        the action, with priority given to restoring, 
                        protecting, and educating the public regarding 
                        such resources; and
                            (iv) to fund activities consistent with 
                        this Act relating to coral reefs and coral reef 
                        ecosystems throughout the United States, with 
                        priority given to restoring, protecting, and 
                        educating the public regarding such resources.
            (5) District court jurisdiction with respect to american 
        samoa.--The United States district court for the District of 
        Hawaii--
                    (A) shall have jurisdiction over a vessel located 
                in American Samoa, for purposes of paragraph (1)(B); 
                and
                    (B) is the appropriate United States district court 
                with respect to American Samoa, for purposes of 
                paragraph (3).
    (b) Defenses.--
            (1) In general.--A person is not liable under this section 
        if the person establishes that the destruction, loss, injury, 
        or threat--
                    (A) was caused solely by an act of God, an act of 
                war, or an act or omission of a third party (other than 
                an employee or agent of the defendant, and other than a 
                person whose act or omission occurs in connection with 
                a contractual relationship existing directly or 
                indirectly with the defendant), and the person acted 
                with due care;
                    (B) was a direct result of activities specifically 
                authorized by Federal or State law or permit, and the 
                person was in compliance with such law or permit and 
                acted with due care; or
                    (C) was negligible.
            (2) Limitation on defense.--It shall not be a defense to 
        liability of a person under this section that the destruction, 
        loss, injury, or threat was a result of--
                    (A) complying with a recommendation, instruction, 
                or requirement issued or imposed, respectively, by the 
                Secretary or another Federal official; or
                    (B) an action taken by the Secretary or another 
                Federal official,
        if the recommendation, instruction, requirement, or action was 
        otherwise authorized by Federal law and was in response to a 
        condition caused by the person.
    (c) Coordination.--
            (1) Co-trustee.--Nothing in this section shall limit the 
        trustee responsibility of any Federal or State agency that 
manages or controls coral reefs and coral reef ecosystems. The 
Secretary shall be a co-trustee of such coral resources and shall 
coordinate with the Federal or State agency in pursuing an action under 
this section.
            (2) Federal-state coordination.--Amounts recovered under 
        this section with respect to coral reefs or coral reef 
        ecosystems lying within State waters shall be used pursuant to 
        this section in accordance with the court decree or settlement 
        agreement and an agreement entered into by the Secretary and 
        the Governor of that State.
    (d) Statute of Limitations.--An action for response costs and 
damages under paragraph (a)(3) of this section shall be barred unless 
such action is commenced within 3 years after the date of completion of 
the damages assessment and restoration plan prepared by the Secretary.
    (e) Regulations.--The Secretary shall issue regulations to 
implement this section that are necessary to conduct damage 
assessments, including simplified damage assessment procedures.

SEC. 10. PRIVATELY ADMINISTERED CORAL REEF CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary may enter into an agreement with a 
foundation, under which the foundation may use amounts available to 
carry out this section to build and support partnerships between the 
public and private sectors, by awarding grants for projects that--
            (1) support research, management activities, or educational 
        programs that contribute to the protection, conservation, 
        restoration, and recovery of coral reefs and coral reef 
        ecosystems; and
            (2) further the purposes of this Act.
    (b) Agreement Terms.--The agreement under subsection (a) shall 
include the following:
            (1) Matching requirement.--Federal assistance under this 
        section may not be used to pay more than 50 percent of the 
        costs of an activity carried out with that assistance.
            (2) In kind contributions.--The value of goods and services 
        provided by non-Federal sources and used for an activity 
        carried out with assistance under this section shall be applied 
        to the non-Federal share of the costs of the activity.
            (3) Priority.--In providing assistance, the foundation 
        shall give priority to projects that best meet the criteria 
        specified in section 6(g).
            (4) Consultation with noaa.--In implementing the agreement, 
        the foundation shall consult with the Administrator of the 
        National Oceanic and Atmospheric Administration.
    (c) Review of Performance.--The Secretary shall conduct a biennial 
review of the grant program administered by a foundation under this 
section. Each review shall include a written assessment concerning the 
extent to which the foundation has implemented the goals and 
requirements of this section.
    (d) Regulations.--Within 90 days after the date of enactment of 
this Act, the Secretary shall promulgate necessary regulations for 
implementing this section. In developing those regulations, the 
Secretary shall consult with regional and local entities, including 
States, involved in setting priorities for conservation of coral reefs.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $20,000,000 for each of fiscal years 
2001, 2002, 2003, 2004, and 2005 to carry out this Act, which may 
remain available until expended.
    (b) Use of Amounts Appropriated.--
            (1) Restoration and conservation projects.--Not more than 
        75 percent of the amounts appropriated under subsection (a) 
        each fiscal year shall be used by the Secretary to support 
        coral reef restoration and conservation projects under section 
        6(a) and section 10. Of the amounts used for such projects, not 
        more than 20 percent may be used for technical assistance 
        provided by the Secretary under section 6.
            (2) National program.--Not more than 25 percent of the 
        amounts appropriated under subsection (a) each fiscal year 
        shall be used by the Secretary to support coral reef 
        conservation projects under section 7.
            (3) Administration.--Not more than 3 percent of the amounts 
        appropriated under subsection (a) each fiscal year may be used 
        by the Secretary for administration of this Act.
                                 <all>