[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Reported in House (RH)]






                                                 Union Calendar No. 437
106th CONGRESS
  2d Session
                                H. R. 3919

                          [Report No. 106-762]

     To provide assistance for the conservation of coral reefs, to 
 coordinate Federal coral reef conservation activities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2000

    Mr. Saxton (for himself, Mr. Faleomavaega, Mr. Abercrombie, Mr. 
 Bilbray, Mrs. Christensen, Mr. Deutsch, Mr. Gilchrest, Mr. Goss, Mr. 
  Greenwood, Mr. Romero-Barcelo, Ms. Ros-Lehtinen, Mr. Shaw, and Mr. 
  Underwood) introduced the following bill; which was referred to the 
                         Committee on Resources

                             July 19, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               14, 2000]

_______________________________________________________________________

                                 A BILL


 
     To provide assistance for the conservation of coral reefs, to 
 coordinate Federal coral reef conservation activities, 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 Conservation and 
Restoration Partnership Act of 2000''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To maintain and restore the health of coral reef 
        ecosystems.
            (2) To promote the wise management and long-term 
        sustainable use of coral reef ecosystems to benefit local 
        communities and the Nation.
            (3) To promote cooperative coral reef conservation projects 
        that involve affected local communities and nongovernmental 
        organizations.
            (4) To address conflicts between coral reef uses.
            (5) To enhance compliance with laws that prohibit or 
        regulate the taking of corals, species associated with coral 
        reefs, and coral products or that regulate the use and 
        management of coral reef ecosystems.
            (6) To develop sound scientific information on the 
        condition of coral reef ecosystems and the threats to such 
        ecosystems.
            (7) To coordinate activities and programs related to coral 
        reefs that are conducted, funded, or authorized by the Federal 
        Government, including coral reef conservation, research, 
        mapping, monitoring, assessment, and restoration.

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), Alcyonacea (soft 
                corals), Gorgonacea (horny, pink, and bamboo corals), 
                Stolonifera (organpipe corals and others), and 
                Coenothecalia (blue coral), of the class Anthozoa;
                    (B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals), of the class Hydrozoa; and
                    (C) all species of the order Zoanthidae (gold 
                corals).
            (2) Coral product.--The term ``coral product'' means any 
        living or dead specimen, part, or derivative, or any product 
        containing a specimen, part, or derivative, of any species 
        referred to in paragraph (1).
            (3) Coral reef.--The term ``coral reef'' means any reef or 
        shoal comprised primarily of the skeletal material of species 
        of one or more of the orders Scleractinia, Antipatharia, 
        Gorgonacea, and Zoanthidae.
            (4) Coral reef conservation.--The term ``coral reef 
        conservation'' means the use of methods, procedures, and 
        policies that are consistent with the strategy published by the 
        Coral Reef Task Force under section 4(b)(1), to restore and 
        protect coral reefs and to conserve and sustain diverse, 
        viable, and self-perpetuating coral reef ecosystems.
            (5) Coral reef ecosystem.--The term ``coral reef 
        ecosystem'' means coral and other species of living organisms 
        associated with coral reefs, and the non-living environmental 
        factors that directly affect coral reefs, that together 
        function as an ecological unit in nature.
            (6) Coral reef task force.--The term ``Coral Reef Task 
        Force'' means such task force established by section 4(a).
            (7) Executive order 13089.--The term ``Executive Order 
        13089'' means such Executive Order issued by the President on 
        June 11, 1998, pertaining to coral reef protection.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) State.--The term ``State'' means--
                    (A) any State of the United States that contains a 
                coral reef ecosystem within its boundaries;
                    (B) American Samoa, Guam, the Northern Mariana 
                Islands, Puerto Rico, and the Virgin Islands; and
                    (C) any other territory or possession of the United 
                States, or separate sovereign in free association with 
                the United States, that contains a coral reef ecosystem 
                within its boundaries.

SEC. 4. COORDINATION OF FEDERAL AGENCIES.

    (a) Coral Reef Task Force.--
            (1) Establishment and membership.--There is established the 
        Coral Reef Task Force. The Coral Reef Task Force shall, in 
        consultation with the Governors of the States--
                    (A) coordinate all Federal activities related to 
                coral reefs, and facilitate the resolution of 
                interagency and intergovernmental conflicts associated 
                with the use and conservation of coral reefs;
                    (B) develop and coordinate consistent national 
                policies, strategies, plans, programs, projects, 
                activities, and priorities for the conservation and 
                protection of United States coral reefs and coral reef 
                ecosystems;
                    (C) develop and coordinate a research program to 
                identify the major causes and consequences of 
                degradation of coral reef ecosystems, improve the 
                understanding of coral reef health and diseases, and 
                identify solutions and procedures to repair and restore 
                coral reefs;
                    (D) develop and promote strategies and actions for 
                the conservation and sustainable use of coral reef 
                resources worldwide, including the sharing of 
                information, collaborative research, and monitoring 
                efforts; and
                    (E) develop and recommend solutions to reduce or 
                eliminate unsustainable fishing practices on coral 
                reefs worldwide.
            (2) Members.--The Coral Reef Task Force shall be composed 
        of the following:
                    (A) The Secretary, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration.
                    (B) The Secretary of the Interior.
                    (C) The Administrator of the Environmental 
                Protection Agency.
                    (D) The Attorney General.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Defense.
                    (G) The Secretary of State.
                    (H) The Secretary of Transportation.
                    (I) The Director of the National Science 
                Foundation.
                    (J) The Administrator of the Agency for 
                International Development.
                    (K) The Administrator of the National Aeronautics 
                and Space Administration.
                    (L) The head of any other Federal agency that the 
                co-chairs of the Coral Reef Task Force jointly 
                designate.
                    (M) The Governor of any State that the co-chairs 
                jointly designate.
            (3) Co-chairs.--The Secretary and the Secretary of the 
        Interior--
                    (A) shall serve as co-chairs of the Coral Reef Task 
                Force; and
                    (B) may each provide administrative support to the 
                Coral Reef Task Force as necessary for it to carry out 
                its duties under this section.
            (4) Procedures.--(A) The Coral Reef Task Force shall meet 
        at least annually. Meetings of the Coral Reef Task Force and 
        any advisory committees established to assist the Coral Reef 
        Task Force shall be open to the public, and the Coral Reef Task 
        Force shall provide notice of such meetings to the public.
            (B) The Coral Reef Task Force may--
                    (i) establish advisory committees and working 
                groups as are necessary to assist it in its duties;
                    (ii) select as an advisory committee an existing 
                organization that represents a broad range of private 
                and public interests related to coral reefs; and
                    (iii) consult with local governments, the 
                scientific community, and any affected Regional Fishery 
                Management Council established by the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) on coral reef conservation issues.
            (5) Implementation.--(A) Subject to subparagraph (B), the 
        head of any agency or department of the Federal Government that 
        takes an action that may affect a coral reef ecosystem in the 
        United States shall, to the maximum extent practicable, ensure 
        that--
                    (i) such agency or department, respectively, 
                supports and implements the national coral reef action 
                strategy developed under subsection (b)(1); and
                    (ii) any actions funded, authorized, or carried out 
                by the agency or department will not degrade the 
                condition of coral reefs.
            (B) Subparagraph (A) shall not apply--
                    (i) during time of war or national emergency;
                    (ii) when necessary for reasons of national 
                security, as determined by the President;
                    (iii) during an emergency that poses an 
                unacceptable threat to human health or safety or to the 
                marine environment; or
                    (iv) in any case that constitutes a danger to human 
                life or a real threat to vessels, aircraft, oil or gas 
                drilling or production platforms, or other man-made 
                structures at sea, such as cases of force majeure 
                caused by stress of weather or other act of God.
            (6) Executive order 13089.--The Coral Reef Task Force shall 
        comply with Executive Order 13089 to the extent that such order 
        is consistent with this Act. Nothing in this Act is intended to 
        require the duplication of the Coral Reef Task Force 
        established under that Executive Order.
    (b) Action Strategy, Implementation Report, and Plan.--
            (1) National coral reef action strategy.--Not later than 
        180 days after the date of enactment of this Act, the Coral 
        Reef Task Force shall submit to the Committee on Resources of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate and publish in the 
        Federal Register a national coral reef action strategy, 
        consistent with the purposes and provisions of this Act, for 
        waters under the jurisdiction of the United States. The Coral 
        Reef Task Force shall periodically review and revise the 
        strategy as necessary.
            (2) Report on implementation of national coral reef action 
        strategy.--Not later than 2 years after the date that the Coral 
        Reef Task Force publishes the strategy under paragraph (1) and 
        every 2 years thereafter, the task force shall submit to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report describing all activities undertaken by Federal 
        agencies to implement the national coral reef action strategy, 
        including a description of the funds obligated each fiscal year 
        to advance coral reef conservation.
            (3) Plan for mapping, monitoring, and assessment.--(A) Not 
        later than 1 year after the date of enactment of this Act, the 
        Coral Reef Task Force shall submit to the Committee on 
        Resources of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a plan to 
        implement a coordinated United States coral reef mapping, 
        monitoring, and assessment program, consistent with the 
        strategy published under paragraph (1).
            (B) The plan shall include the following:
                    (i) A description of existing Federal coral reef 
                mapping, monitoring, and assessment programs.
                    (ii) The estimated annual cost to the Federal 
                Government to adequately map, monitor, and assess coral 
                reefs.
                    (iii) A process to establish data quality standards 
                and standardized methods for mapping, monitoring, and 
                assessing coral reefs.
                    (iv) A plan to compile existing coral reef data and 
                a listing of the geographical areas for which 
                insufficient data exists to adequately assess the 
                condition of coral reefs.
                    (v) Proposed interagency agreements needed to carry 
                out a national mapping, monitoring, and assessment 
                program, including agreements with non-Federal 
                agencies.
                    (vi) A proposal for a national pilot project to 
                monitor and map coral reefs.
    (c) Coral Reef Fish Management Authority in the EEZ.--
            (1) In general.--Subject to the other provisions of this 
        subsection, the Secretary has exclusive authority to manage 
        coral reef ecosystem fish in the exclusive economic zone as 
        provided by the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (2) Delegation.--The Secretary may delegate the authority 
        referred to in paragraph (1) to any other Federal official.
            (3) Authorities of secretary of interior not affected.--(A) 
        Paragraph (1) does not affect any authority vested in the 
        Secretary of the Interior on the date of enactment of this Act 
        by the National Wildlife Refuge System Administration Act of 
        1966 (16 U.S.C. 668dd et seq.) with respect to any area--
                    (i) that was in the National Wildlife Refuge System 
                before the date of the enactment of this Act; or
                    (ii) that is added to the National Wildlife Refuge 
                System after the date of enactment of this Act and for 
                which there is no fishery management plan in effect 
                under the Magnuson-Stevens Fishery Conservation and 
                Management Act.
            (B) Nothing in this Act shall be construed to authorize the 
        Secretary of the Interior to designate any National Wildlife 
        Refuge or other unit of the National Wildlife Refuge System.
            (4) Consultation.--The Secretary shall consult with the 
        Secretary of the Interior during the development and 
        implementation of any fishery management plan under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.) that will apply to any area in the 
        National Wildlife Refuge System, including any area added to 
        such system after the date of enactment of this Act.
            (5) Regional councils.--Nothing in this Act affects the 
        authority of the Regional Fishery Management Councils 
        established under the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (6) Definitions.--In this subsection, the terms ``exclusive 
        economic zone'' and ``fish'' have the meaning of those terms 
        under section 3 of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802).

SEC. 5. CORAL REEF CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability of 
appropriations, shall provide grants to carry out projects that provide 
for coral reef conservation and are approved by the Secretary in 
accordance with this section.
    (b) Eligible Project Partners.--The Secretary may accept a coral 
reef conservation project proposal from any of the following:
            (1) Any State or local government with jurisdiction over 
        coral reefs and whose activities directly or indirectly affect 
        coral reefs.
            (2) Any educational institution with a demonstrated 
        expertise in coral reef conservation.
            (3) Any nonprofit organization with demonstrated expertise 
        in coral reef conservation.
    (c) Eligible Projects.--The Secretary may not approve a coral reef 
conservation project under this section unless the project is 
consistent with the coral reef action strategy established by the Coral 
Reef Task Force under section 4(b)(1) and will accomplish at least one 
of the following objectives:
            (1) Implement measures to conserve and restore coral reef 
        ecosystems.
            (2) Develop and implement cost-effective methods to restore 
        degraded coral reef ecosystems.
            (3) Map the location and distribution of coral reefs.
            (4) Develop and implement techniques to monitor and assess 
        the status and condition of coral reefs.
            (5) Research factors that cause coral disease and the loss 
        of coral reefs.
            (6) Support State and local community law enforcement 
        efforts related to coral products and coral reefs.
            (7) Assist with conflict resolution initiatives and local 
        community outreach related to coral reefs.
            (8) Promote ecologically sound navigation and anchorages 
        near coral reefs.
    (d) Project Proposal.--Any applicant for a grant to carry out a 
coral reef conservation project shall submit to the Secretary the 
following:
            (1) The names of the persons responsible for conducting the 
        project and a description of their qualifications.
            (2) A description of the project.
            (3) A description of how the project fulfills the 
        requirements of subsection (c).
            (4) An estimate of the funds and time required to complete 
        the project.
            (5) Evidence of support of the project by appropriate 
        representatives of the State and local government jurisdictions 
        in which the project will be conducted, if the project will be 
        conducted by a nongovernmental partner.
            (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.
    (e) Project Review and Approval.--
            (1) In general.--(A) The Secretary shall review and approve 
        or disapprove each coral reef conservation project proposal 
        submitted under this section.
            (B) The Secretary may approve a project proposal and 
        provide coral reef conservation assistance under this section 
        for a project only if, after reviewing the proposal and any 
        comments received pursuant to paragraph (2), the Secretary 
        determines that the project meets the requirements of this 
        section.
            (2) Review.--Before approving or disapproving a project, 
        the Secretary shall--
                    (A) request and consider written comments on the 
                proposal from each Federal agency, State, or local 
                government that will be affected by the project or that 
                has jurisdiction over the area within which the project 
                will be conducted, including the relevant regional 
                fishery management councils established under the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.);
                    (B) provide for the merit-based peer review of the 
                proposal, require standardized documentation of that 
                peer review, and consider any comments or 
                recommendations resulting from such review; and
                    (C) consider the proportion of non-Federal matching 
                funds that will be used for the project so as to 
                maximize Federal grants for the greatest number of 
                meritorious projects.
            (3) Notification.--The Secretary shall--
                    (A) not later than 6 months after receiving a 
                project proposal under this section, provide written 
                notification of the approval or disapproval of the 
                project to the applicant; and
                    (B) in the case of an approved project, publish 
                notice of project approval in the Federal Register 
                prior to making a grant under this section for the 
                project.
    (f) Matching Funds.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may not approve a project under this section unless 
        the Secretary determines that there are non-Federal 
        contributions available to cover at least 50 percent of the 
        total cost of the project. The non-Federal contribution may be 
        made in the form of in-kind contribution of goods and services.
            (2) Exception.--(A) Of amounts appropriated for grants 
        under this section, the Secretary may reserve up to 5 percent 
        for grants for small projects for which less than 50 percent of 
        the cost will be covered by non-Federal contributions.
            (B) The Secretary may make a grant of funds under this 
        paragraph for a small project only if--
                    (i) the project is proposed by and will be carried 
                out by a local or State government;
                    (ii) the total cost of the project is less than 
                $20,000; and
                    (iii) the Secretary determines that the grantee 
                does not have the ability to provide at least 50 
                percent matching funds or in-kind contributions.
    (g) Implementation Regulations or Guidelines.--Within 180 days 
after the date that the Coral Reef Task Force publishes the national 
coral reef action strategy under section 4(b)(1), the Secretary shall 
promulgate any regulations or guidelines necessary to implement this 
section. In developing such regulations and guidelines, the Secretary 
shall provide for appropriate public notice and comment.
    (h) Project Reporting.--The Secretary shall require that each 
grantee under this section submit periodic reports, as the Secretary 
considers necessary, to document and evaluate the success of coral reef 
conservation projects funded under this Act.
    (i) Grant Program Effectiveness Report.--Not later than 3 years 
after the date of enactment of this Act, the Secretary, in consultation 
with the Coral Reef Task Force, shall submit to the Congress a report 
that documents the effectiveness of the grant program under this 
section in implementing the national coral reef action strategy 
published pursuant to section 4(b)(1). The report shall include a 
State-by-State summary of projects funded under this section and a 
summary of Federal and non-Federal contributions toward the costs of 
each project.

SEC. 6. CONSERVATION ACTIVITIES BY SECRETARY OF COMMERCE.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary may conduct activities to conserve coral reefs and coral reef 
ecosystems, that are consistent with this Act, the strategy published 
by the Coral Reef Task Force under section 4(b)(1), and the National 
Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, and 
the Magnuson-Stevens Fishery Conservation and Management Act.
    (b) Authorized Activities.--Activities authorized under subsection 
(a) include--
            (1) mapping, monitoring, assessment, restoration, and 
        scientific research that benefits the understanding, 
        sustainable use, and long-term conservation of coral reefs and 
        coral reef ecosystems;
            (2) enhancing public awareness, education, understanding, 
        and appreciation of coral reefs and coral reef ecosystems; and
            (3) providing assistance to States in implementing 
        conservation measures and removing abandoned fishing gear, 
        marine debris, and abandoned vessels from coral reefs to 
        conserve living marine resources.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act $14,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004.
    (b) Coral Reef Conservation Assistance Grants.--Amounts 
appropriated under subsection (a) and used for coral reef conservation 
assistance under section 5 may remain available until expended. The 
Secretary shall ensure that coral reef conservation assistance provided 
under section 5 is distributed so that--
            (1) not less than 40 percent of the funds available for 
        each fiscal year are awarded for coral reef conservation 
        projects in the Pacific Ocean; and
            (2) not less than 40 percent of the funds available for 
        each fiscal year are awarded for coral reef conservation 
        projects in the Atlantic Ocean, the Gulf of Mexico, and the 
        Caribbean Sea.
    (c) Administration.--Of the amounts appropriated under subsection 
(a), not more than the lesser of $1,000,000, or 10 percent of the 
amounts appropriated, may be used 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.
    (d) National Coral Reef Activities.--Of the amounts appropriated 
under subsection (a), no more than 25 percent may be used by the 
Secretary for activities under section 6(b).
    (e) Coral Reef Task Force.--There are authorized to be appropriated 
to each of the Secretary and the Secretary of the Interior $500,000 for 
each of fiscal years 2001 through 2004 to carry out the 
responsibilities of the Coral Reef Task Force under section 4.
    (f) Coral Disease Center.--There are authorized to be appropriated 
to the Secretary $1,000,000 for each of fiscal years 2001 through 2004 
to establish a Coral Disease Center in the United States Virgin Islands 
in cooperation with the Institute of Carribean Marine Studies and other 
Federal agencies. Such Center shall focus on coral health issues and 
shall coordinate scientific efforts throughout the United States to 
characterize, understand, and control coral diseases.
                                                 Union Calendar No. 437

106th CONGRESS

  2d Session

                               H. R. 3919

                          [Report No. 106-762]

_______________________________________________________________________

                                 A BILL

     To provide assistance for the conservation of coral reefs, to 
 coordinate Federal coral reef conservation activities, and for other 
                               purposes.

_______________________________________________________________________

                             July 19, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed