[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1253

 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 SENATE OF THE UNITED STATES

                             June 21, 1999

   Mr. Inouye (for himself, Mr. Akaka, Mr. Hollings, Mr. Kerry, Mr. 
 Breaux, and Mrs. Boxer) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 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, local, territorial, 
        commonwealth, 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 passed 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 and territorial 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 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, and complement the management, protection, and 
        conservation provided by such programs as those administered 
        under the National Marine Sanctuaries Act, Coastal Zone 
        Management Act, and Magnuson-Stevens Fishery Conservation and 
        Management Act, as well as those administered by other Federal, 
        State, and territorial 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) 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.
            (2) 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 all maritime areas and zones subject to 
        the jurisdiction or control of the United States (e.g. Federal, 
        State, territorial, or commonwealth waters), including in the 
        south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean.
            (3) 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 which--
                    (A) function as an ecological unit in nature; and
                    (B) are mutually dependent on this function to 
                continue.
            (4) 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.) and the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.) and other Federal, State, 
                and territorial statutes;
                    (D) law enforcement;
                    (E) conflict resolution initiatives;
                    (F) community outreach and education; and
                    (G) promotion of safe and ecologically sound 
                navigation.
            (5) Person.--The term ``person'' has the meaning given that 
        term by section 1 of title 1, United States Code, but includes 
        departments, agencies, and instrumentalities of the United 
        States Government or any State or local government.
            (6) Foundation.--The term ``foundation'' means any 
        qualified non-profit organization that specializes in natural 
        resource conservation.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (8) State.--The term ``State'' means any coastal State of 
        the United States that contains coral within its seaward 
        boundaries, and American Samoa, Guam, the Northern Mariana 
        Islands, Puerto Rico, and the U.S. Virgin Islands, and 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 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 are no matching 
                requirements for grants under subsection (a) for 
                projects 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 territory of the United States 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 territories of the United 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) of this section.
            (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, State or territorial 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, territories, 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 and territories, 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 and territories, the National Marine Sanctuaries 
Act, the Coastal Zone Management Act, and the Magnuson-Stevens Fishery 
Conservation and Management Act, 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, territorial, 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 under section 5 or 6 of the Coral 
        Reef Protection Act of 1999 (or any other provision of law in 
        pari materia enacted after 1998),
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. CERTAIN GROUNDED VESSELS.

    (a) In General.--The vessels described in subsection (b), and the 
reefs upon which such vessels may be found, are hereby designated for 
purposes of section 104 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) as a site at 
which there is a substantial threat of release of a hazardous substance 
into the environment. For purposes of that Act, the site shall not be 
considered to have resulted from an act of God.
    (b) Description of Site.--The vessels to which subsection (a) 
applies are 9 fishing vessels driven by Typhoon Val in 1991 onto coral 
reefs inside Pago Pago harbor near the villages of Leloaloa and Aua.

SEC. 10. REGULATIONS; CORAL REEF CONSERVATION FUND.

    (a) 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 and territories, involved in setting priorities for conservation 
of coral reefs.
    (b) Fund.--The Secretary may enter into an agreement with a 
foundation authorizing the foundation to receive, hold, and administer 
funds received by the foundation pursuant to this section. The 
foundation shall invest, reinvest, and otherwise administer the funds 
and maintain such funds and any interest or revenues earned in a 
separate interest bearing account, hereafter referred to as the Fund, 
established by the foundation solely to support partnerships between 
the public and private sectors that further the purposes of this Act.
    (c) Authorization To Solicit Donations.--Consistent with section 
3703 of title 16, United States Code, and pursuant to the agreement 
entered into under subsection (b) of this section, a foundation may 
accept, receive, solicit, hold, administer, and use any gift or 
donation to further the purposes of this Act. Such funds shall be 
deposited and maintained in the Fund established by a foundation under 
subsection (b) of this section.
    (d) Review of Performance.--The Secretary shall conduct a 
continuing review of the grant program administered by a foundation 
under this section. Each review shall include a written assessment 
concerning the extent to which that foundation has implemented the 
goals and requirements of this section.
    (e) Administration.--Under the agreement entered into pursuant to 
subsection (b) of this section, the Secretary may transfer funds 
appropriated under section 11(b)(1) to a foundation. Amounts received 
by a foundation under this subsection may be used for matching, in 
whole or in part, contributions (whether in currency, services, or 
property) made to the foundation by private persons and State and local 
government agencies.

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 
2000, 2001, 2002, 2003, and 2004 to carry out this Act, which may 
remain available until expended.
    (b) Use of Amounts Appropriated.--
            (1) Restoration and conservation projects.--Not more than 
        $15,000,000 of the amounts appropriated under subsection (a) 
        shall be used by the Secretary to support coral reef 
        restoration and conservation projects under section 6(a), of 
        which not more than 20 percent shall be used for technical 
        assistance provided by the Secretary.
            (2) National program.--Not more than $5,000,000 of the 
        amounts appropriated under subsection (a) shall be used by the 
        Secretary to support coral reef conservation projects under 
        section 7.
            (3) Administration.--Not more than 1 percent of the amounts 
        appropriated under paragraph 1 may be used by the Secretary for 
        administration of this Act.

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