[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1420

  To establish a fund for the restoration and protection of ocean and 
coastal resources, to amend and reauthorize the Coastal Zone Management 
                  Act of 1972, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

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

_______________________________________________________________________

                                 A BILL


 
  To establish a fund for the restoration and protection of ocean and 
coastal resources, to amend and reauthorize the Coastal Zone Management 
                  Act of 1972, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coastal 
Stewardship Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                              TITLE I--OCEAN AND COAST CONSERVATION 
                                        FUND
Sec. 101. Establishment of Ocean and Coast Conservation Fund.
Sec. 102. Budgetary treatment of receipts and disbursements.
                              TITLE II--COOPERATIVE COASTAL STEWARDSHIP
                              Subtitle A--Coastal Zone Management
Sec. 201. Short title.
Sec. 202. Amendment of Coastal Zone Management Act.
Sec. 203. Findings.
Sec. 204. Policy.
Sec. 205. Definitions.
Sec. 206. Reauthorization of management program development grants.
Sec. 207. Administrative grants.
Sec. 208. Coastal resource improvement program.
Sec. 209. Coastal zone management fund.
Sec. 210. Coastal zone enhancement grants.
Sec. 211. Community-based planning and management.
Sec. 212. Technical assistance and research.
Sec. 213. Review of performance.
Sec. 214. Walter B. Jones Coastal Zone Management Awards.
Sec. 215. National estuarine research reserve system.
Sec. 216. Coastal zone management reports.
Sec. 217. Authorization of appropriations.
                              Subtitle B--Coastal Habitat Restoration 
                                        and Preservation
Sec. 251. Findings.
Sec. 252. Purposes.
Sec. 253. Definitions.
Sec. 254. Restoration and protection projects.
Sec. 255. Review, revision, and approval of plans.
Sec. 256. Allocation and disbursal of funds.
Sec. 257. Database; report to Congress.
Sec. 258. Guidelines.
Sec. 259. Cooperative agreements; memoranda of understanding.
Sec. 260. Authorization of appropriations.
                              TITLE III--COOPERATIVE OCEAN STEWARDSHIP
                              Subtitle A--National Marine Sanctuaries
Sec. 301. Short title.
Sec. 302. Amendment of National Marine Sanctuaries Act.
Sec. 303. Changes in findings, purposes, and policies.
Sec. 304. Changes in definitions.
Sec. 305. Changes in sanctuary designation standards.
Sec. 306. Changes in procedures for designation and implementation.
Sec. 307. Changes in international cooperation provisions.
Sec. 308. Changes in activities prohibited.
Sec. 309. Changes in enforcement provisions.
Sec. 310. Additional regulations authority added.
Sec. 311. Changes in research, monitoring, and education provisions.
Sec. 312. Changes in special use permit provisions.
Sec. 313. Changes in cooperative agreements provisions.
Sec. 314. Changes in provisions concerning destruction, loss, or 
                            injury.
Sec. 315. Changes in U.S.S. Monitor provisions.
Sec. 316. Changes in advisory council provisions.
Sec. 317. Changes in the support enhancement provisions.
Sec. 318. Correction of references to House Committee of jurisdiction.
Sec. 319. Authorization of appropriations.
                              Subtitle B--Coral Reef Protection
Sec. 351. Short title.
Sec. 352. Findings.
Sec. 353. Policy.
Sec. 354. Purposes.
Sec. 355. Definitions.
Sec. 356. Coral reef restoration and conservation program.
Sec. 357. National program.
Sec. 358. Documentation of certain vessels.
Sec. 359. Certain grounded vessels.
Sec. 360. Regulations; Coral Reef Conservation Fund.
Sec. 361. Authorization of appropriations.
                              TITLE IV--COOPERATIVE RESEARCH AND 
                                        ENFORCEMENT
Sec. 401. Amendment of Interjurisdictional Fisheries Act.
Sec. 402. Information Management System.
Sec. 403. Cooperative enforcement.
Sec. 404. Exception to Interjurisdictional Fisheries Act apportionment.
Sec. 405. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The oceans and coasts play a critical role in 
        maintaining global biodiversity, contribute more than 30 
        percent of the Gross Domestic Product, provide an important 
        source of food and a wealth of other natural products, are 
        critical to national security, and are of considerable 
        importance for recreation and commerce.
            (2) One half of the Nation's population lives within 50 
        miles of the coast and if population trends continue as 
        expected, pressure on and conflicting demands for ocean and 
        coastal resources will increase, as will vulnerability to 
        coastal hazards.
            (3) There is a national interest in the effective 
        management, beneficial use and protection of ocean and coastal 
        resources. In particular, oil and gas resources are a 
        nonrenewable national capital asset that produce revenue for 
        the Nation, a portion of which should be reinvested in the 
        stewardship of the marine and coastal environment.
            (4) The Federal Government has a responsibility to States 
        and coastal communities to improve coordination, strengthen 
        partnerships and provide fiscal resources to develop coherent 
        plans, policies, standards, methods, and programs for using, 
        managing, and protecting ocean and coastal resources.

               TITLE I--OCEAN AND COAST CONSERVATION FUND

SEC. 101. ESTABLISHMENT OF OCEAN AND COAST CONSERVATION FUND.

    (a) In General.--There is established in the Treasury of the United 
States a fund, which shall be known as the Ocean and Coast Conservation 
Fund, into which the Secretary of the Treasury shall transfer amounts 
equivalent to 10 percent or $250,000,000, whichever is greater, of the 
revenues received in each fiscal year beginning after fiscal year 1999 
by the Treasury that are described in subsection (b). The Secretary of 
the Treasury shall invest monies in the Ocean and Coast Conservation 
Fund that are excess to expenditures at the written request of the 
Secretary of Commerce in public debt securities with maturities 
suitable to the needs of the Ocean and Coast Conservation Fund.
    (b) Revenues.--The revenues to which reference is made in 
subsection (a) are all amounts received by the United States as rents, 
royalties, net profit share payments, and related late-payment interest 
from natural gas and oil leases issued pursuant to the Outer 
Continental Shelf Lands Act from each leased tract or portion of a 
leased tract lying seaward of the zone defined and governed by section 
8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), or 
lying within such zone but to which section 8(g) does not apply, the 
geographic center of which lies within a distance of 200 miles from any 
part of the coastline of any coastal state (as defined in section 
304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))).
    (c) Exclusion.--Any amount received by the United States as a bonus 
bid, rent, royalty (including payment for a royalty taken-in-kind and 
sold), net profit share payment, or related late-payment interest from 
any lease tract or portion of a lease tract for which no oil or gas 
production has occurred before January 1, 1999, shall be excluded from 
any revenues under subsection (b).
    (d) Payment.--Notwithstanding section 9 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1338), the Secretary shall, without further 
appropriation, make payments in each fiscal year from the Ocean and 
Coastal Conservation Fund as specified in sections 217, 260, 319, 361, 
and 405 of this Act.

SEC. 102. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

    Notwithstanding any other provision of law, the receipts and 
disbursements of funds under this Act--
            (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President;
                    (B) the Congressional budget (including allocations 
                of budget authority and outlays provided therein); or
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; and
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government.

               TITLE II--COOPERATIVE COASTAL STEWARDSHIP

                  Subtitle A--Coastal Zone Management

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Coastal Zone Management 
Amendments Act of 1999''.

SEC. 202. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this subtitle 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 203. FINDINGS.

    Section 302 (16 U.S.C. 1451) is amended--
            (1) by redesignating paragraphs (a) through (m) as 
        paragraphs (1) through (13);
            (2) by inserting ``ports,'' in paragraph (3), as 
        redesignated, after ``fossil fuels,'';
            (3) by inserting ``including coastal water and wetlands,'' 
        in paragraph (4), as redesignated, after ``zone,'';
            (4) by striking ``therein,'' in paragraph (4), as 
        redesignated, and inserting ``dependent on that habitat,'';
            (5) by striking ``well-being'' in paragraph (5), as 
        redesignated, and inserting ``quality of life'';
            (6) by striking paragraph (11), as redesignated, and 
        inserting the following:
            ``(11) Land and water uses in the coastal zone and coastal 
        watersheds may significantly affect the quality of coastal 
        waters and habitats, and efforts to control coastal water 
        pollution from activities in these areas must be improved.''; 
        and
            (7) by adding at the end thereof the following:
            ``(14) There is a need to enhance cooperation and 
        coordination among States and local communities, to encourage 
        local community-based environmentally-protective solutions that 
        address the impacts and pressures on coastal resources and on 
        public facilities and public service caused by continued 
        coastal population growth, and to increase State and local 
        capacity to identify public infrastructure and open space needs 
        and develop and implement plans which provide for sustainable 
        growth, resource protection and community revitalization, while 
        discouraging development in underdeveloped areas.''.

SEC. 204. POLICY.

    Section 303 (16 U.S.C. 1452) is amended--
            (1) by striking ``waters,'' each place it appears in 
        paragraph (2)(C) and inserting ``waters and habitats,'';
            (2) by striking ``the states'' in paragraph (2) and 
        inserting ``State and local governments and Federally-
        recognized American Indian tribes''.
            (3) by inserting after ``new'' in paragraph (2)(D) 
        ``coastal-dependent'';
            (4) by striking ``and'' at the end of paragraph (5);
            (5) by striking ``zone.'' in paragraph (6) and inserting 
        ``zone; and''; and
            (6) by adding at the end thereof the following:
            ``(7) to create and use a national system of estuarine 
        research reserves in Federal, State, and community partnerships 
        to support and enhance coastal management and stewardship; and
            ``(8) to encourage the development, application, and 
        transfer of innovative coastal and estuarine environmental 
        technologies and techniques for the long-term conservation of 
        coastal ecosystems.''.

SEC. 205. DEFINITIONS.

    Section 304 (16 U.S.C. 1453) is amended--
            (1) by striking ``and the Trust Territories of the Pacific 
        Islands,'' in paragraph (4);
            (2) by striking paragraph (8) and inserting the following:
            ``(8) The term `estuarine research reserve' means a coastal 
        protected area which may include any part or all of an estuary 
        and any island, transitional area, and upland in, adjoining, or 
        adjacent to the estuary, and which constitutes to the extent 
        feasible a natural unit, established to provide long-term 
        opportunities for conducting scientific studies and educational 
        and training programs that improve the understanding, 
        stewardship, and management of estuaries;'' and
            (3) by adding at the end thereof the following:
            ``(19) The term `coastal nonpoint pollution control 
        program' means a program submitted by a coastal State to the 
        Secretary and approved by the Secretary under section 6217 of 
        the Omnibus Reconciliation Act of 1990 (16 U.S.C. 1455b).''.

SEC. 206. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

    Section 305(a) (16 U.S.C. 1454(a)) is amended by striking ``1997, 
1998, and 1999,'' and inserting ``2000, 2001, 2002, 2003, and 2004,''.

SEC. 207. ADMINISTRATIVE GRANTS.

    Section 306(a) (16 U.S.C. 1455(a)) is amended by inserting 
``including developing and implementing a coastal nonpoint pollution 
control program components,'' after ``program''.

SEC. 208. COASTAL RESOURCE IMPROVEMENT PROGRAM.

    (a) Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
            (1) by inserting a comma and ``or other important coastal 
        habitats,'' in paragraph (1) after ``section 306(d)(9)''; and
            (2) by adding at the end thereof the following:
            ``(5) The provision of assistance to communities in 
        assessing and managing growth, public infrastructure, and open 
        space needs in order to support community revitalization while 
        protecting environmentally sensitive areas and conserving, 
        restoring, and enhancing natural resources.
            ``(6) The coordination and implementation of approved 
        coastal nonpoint pollution control programs.''.
    (b) Section 306A(d) (16 U.S.C. 1455a(d)) is amended--
            (1) by striking the subsection caption and inserting the 
        following:
    ``(d) Source of Federal Grants; State Matching Contributions.--'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) If a coastal state chooses to fund a project under 
        this section, then--
                    ``(A) it shall submit to the Secretary a combined 
                application for grants under this section and section 
                306;
                    ``(B) it shall match the combined amount of such 
                grants in the ratio required by section 306(a) for 
                grants under that section; and
                    ``(C) the Federal funding for the project shall be 
                a portion of that State's annual allocation under 
                section 306(a).''; and
            (3) by striking paragraph (3).

SEC. 209. COASTAL ZONE MANAGEMENT FUND.

    Section 308 (16 U.S.C. 1456a) is amended--
            (1) by striking ``1997, 1998, and 1999,'' in subsection 
        (a)(2)(A) and inserting ``2000, 2001, 2002, 2003, and 2004,'';
            (2) by striking subsection (b)(2) and inserting the 
        following:
            ``(2) Subject to amounts provided in Appropriations Act, at 
        least $4,000,000 of the amounts in the Fund each year shall be 
        available to the Secretary for grants to States and for 
        technical assistance for the purposes and projects described in 
        section 310A.''.

SEC. 210. COASTAL ZONE ENHANCEMENT GRANTS.

    Section 309 (16 U.S.C. 1456b) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following:
            ``(1) Protection, restoration, or creation of coastal 
        habitats, including wetlands, coral reefs, essential fish 
        habitat, marshes, barrier islands, and other important coastal 
        habitats.'';
            (2) by inserting ``and removal'' after ``entry'' in 
        subsection (a)(4);
            (3) by striking subsection (a)(5) and inserting the 
        following:
            ``(5) Development and adoption of procedures to assess, 
        consider, and control cumulative and secondary impacts of 
        coastal land use, growth, and development on coastal waters, 
        habitats, and resources, including the collective effects of 
        various individual uses and activities.'';
            (4) by adding at the end of subsection (a) the following:
            ``(10) Adoption of plans, strategies, policies, or 
        procedures to enhance cooperation and coordination among States 
        and local communities, to encourage local community-based and 
        environmentally-protective solutions that address the impacts 
        and pressures on coastal resources and on public facilities and 
        public service caused by continued coastal population growth, 
        and to increase State and local capacity to identify public 
        infrastructure and open space needs, provide for sustainable 
        growth, protect coastal resources and undeveloped areas, and 
        revitalize communities.
            ``(11) Development and enhancement of State efforts to 
        control coastal polluted runoff, including the satisfaction of 
        conditions placed on the polluted runoff control programs as 
        part of the Secretary's approval of the programs.
            ``(12) Significant emerging coastal issues identified as 
        high priorities by eligible coastal states in consultation with 
        the Secretary.'';
            (5) by striking ``proposals, taking into account the 
        criteria established by the Secretary under subsection (d)'' in 
        subsection (c) and inserting ``proposals'';
            (6) by striking subsection (d) and redesignating 
        subsections (e), (f), and (g) as subsections (d), (e), and (f), 
        respectively; and
            (7) by striking ``section, up to a maximum of $10,000,000 
        annually.'' in subsection (e), as redesignated, and inserting 
        ``section.''.

SEC. 211. COMMUNITY-BASED PLANNING AND MANAGEMENT.

    Section 310 (16 U.S.C. 1456c) is amended to read as follows:

``SEC. 310. COMMUNITY-BASED PLANNING AND MANAGEMENT.

    ``(a) In General.--The Secretary may enter into cooperative 
agreements with State coastal management programs--
            ``(1) to provide, coordinate, or facilitate assistance to 
        local and tribal governments and local communities for 
        planning, development, and implementation of local, community-
        based initiatives to address the impacts and pressures caused 
        by increasing coastal populations on the coastal environment 
        and resources, public facilities and public services, and open 
        spaces; and
            ``(2) to strengthen resource protection and restoration 
        while providing for community revitalization and comprehensive 
growth management strategies consistent with the purposes of this Act.
    ``(b) Project Requirements.--Coastal states shall demonstrate that 
projects have the support of affected local and tribal governments and 
maximize environmental benefits while supporting coastal dependent 
communities consistent with the purposes of this Act. In developing the 
program and selecting projects, coastal states shall provide assistance 
to improve the capacity of local communities--
            ``(1) to plan for and manage land use and growth patterns, 
        and to protect critical coastal habitat;
            ``(2) to minimize adverse environmental effects of new 
        public facilities and public services, housing, and commercial 
        and residential development; to revitalize and restore coastal 
        waterfront communities and sustainable water uses; to mitigate 
        impacts of coastal hazards; and to preserve open space areas 
        for recreation, habitat and scenic views;
            ``(3) to enhance public awareness of and participation in 
        planning and managing growth and conservation in coastal 
        communities; and
            ``(4) to develop and implement standardized approaches to 
        information management and for sharing information across local 
        and State boundaries.
    ``(c) Guidelines.--The Secretary shall develop guidelines for 
distribution of funds and project eligibility and selection under this 
section.
    ``(d) Funding.--Funding shall be distributed to the States pursuant 
to the formula established under section 306(c) (16 U.S.C. 1455(c)), 
except that a state, tribe, or other grant recipient shall not be 
required to contribute any portion of the cost of any proposal for 
funds awarded under this section.''.

SEC. 212. TECHNICAL ASSISTANCE AND RESEARCH.

    Title III (16 U.S.C. 1451 et seq.) is amended by inserting after 
section 310 the following:

``SEC. 310A. TECHNICAL ASSISTANCE AND RESEARCH.

    ``(a) In General.--The Secretary, in consultation and cooperation 
with coastal states and estuarine research reserves, shall undertake a 
program of shared technical assistance, development and implementation 
of innovative environmental technologies and methodologies, and 
training and management-oriented research that draws upon available 
sources of expertise and supports--
            ``(1) State coastal management programs, implementation and 
        use of estuarine research reserves, community-based solutions 
        for growth management and resource protection, and State 
        efforts to control polluted runoff;
            ``(2) international cooperative efforts in coastal and 
        ocean resource management; and
            ``(3) projects with a high potential for improving coastal 
        management, including regional and interstate projects, 
        demonstration projects, and emergency grants to state coastal 
        management programs to address unforeseen or disaster-related 
        circumstances.
    ``(b) Contract Authority.--In carrying out this section, the 
Secretary may enter into contracts or other arrangements with qualified 
persons, including other Federal departments and agencies, but shall, 
to the extent practicable, coordinate with and use State coastal 
management programs and estuarine research reserves.
    ``(c) Report.--On or before January 1, 2001, the Secretary shall 
prepare and submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Resources 
evaluating the agency's effectiveness in carrying out this section and 
make recommendations to improve such effectiveness. In preparing the 
report, the Secretary shall provide for the participation of coastal 
state Governors and managers of estuarine research reserves.''.

SEC. 213. REVIEW OF PERFORMANCE.

    Section 312(a) (16 U.S.C. 1458(a)) is amended by inserting 
``coordinated with estuarine research reserves in the State,'' after 
``section 303(2) (A) through (K),''.

SEC. 214. WALTER B. JONES COASTAL ZONE MANAGEMENT AWARDS.

    (a) Section 314(a) (16 U.S.C. 1460(a)) is amended--
            (1) by striking ``shall'' and inserting ``may'';
            (2) by inserting ``available under this Act,'' after 
        ``using sums'';
            (3) by striking ``in the Coastal Zone Management Fund 
        established under section 308'';
            (4) by inserting at the end thereof the following: ``These 
        awards, to be known as the `Walter B. Jones Awards,' may 
        include--
            ``(1) cash awards in an amount not to exceed $5,000 each;
            ``(2) research grants; and
            ``(3) public ceremonies to acknowledge such awards.''.
    (b) Section 314(b) (16 U.S.C. 1460(b)) is amended--
            (1) by striking ``shall'' and inserting ``may''; and
            (2) by inserting ``if funds are available under subsection 
        (a)'' after ``annually''.
    (c) Section 314 (16 U.S.C. 1460) is amended by striking subsection 
(e).

SEC. 215. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

    (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by inserting ``is 
a network of areas protected by Federal, State, and community 
partnerships which promote informed management of the Nation's 
estuaries and coasts through interconnected programs in resource 
stewardship, education and training, and scientific understanding and'' 
after `` `System') that''.
    (b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C)) is amended by 
striking ``public education and interpretation; and'' and inserting 
``education, interpretation, training, and demonstration projects; 
and''.
    (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
            (1) by striking ``research'' in the subsection caption and 
        inserting ``research, education, and resource'';
            (2) by striking ``conduct of research'' and inserting 
        ``conduct of research, education, and resource stewardship'';
            (3) by striking ``coordinated research'' in paragraph (1)) 
        and inserting ``coordinated research, education, and resource 
        stewardship'';
            (4) by striking ``research'' before ``principles'' in 
        paragraph (2);
            (5) by striking ``research programs'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        programs'';
            (6) by striking ``research'' before ``methodologies'' in 
        paragraph (3);
            (7) by striking ``data'' in paragraph (3) and inserting 
        ``information'';
            (8) by striking ``research'' before ``results'' in 
        paragraph (3);
            (9) by striking ``research purposes;'' in paragraph (3) and 
        inserting ``research, education, and resource stewardship 
        purposes;'';
            (10) by striking ``research efforts'' in paragraph (4) and 
        inserting ``research, education, and resource stewardship 
        efforts'';
            (11) by striking ``research'' in paragraph (5) and 
        inserting ``research, education, and resource stewardship''; 
        and
            (12) by striking ``research'' in the last sentence.
    (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
            (1) by striking ``Estuarine Research.--'' in the subsection 
        caption and inserting ``Estuarine Research, Education, and 
        Resource Stewardship.--'';
            (2) by striking ``research purposes'' and inserting 
        ``research, education, and resource stewardship purposes'';
            (3) by striking paragraph (1) and inserting the following:
            ``(1) requiring that the Secretary, in conducting or 
        supporting activities relating to estuaries, give reasonable 
        priority to research, education, and stewardship activities 
        that use the System; and'';
            (4) by striking ``research.'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        activities.''; and
            (5) by adding a new paragraph (3) as follows:
            ``(3) establishing partnerships with other Federal and 
        State estuary management programs to coordinate and collaborate 
        on estuarine research.''.
    (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
            (1) by striking ``reserve,'' in paragraph (1)(A)(i) and 
        inserting ``reserve; and'';
            (2) by inserting ``including resource stewardship 
        activities'' in paragraph (1)(A)(ii) after ``estuarine 
        reserve'';
            (3) by striking ``appropriate reserve facilities, or'' in 
        paragraph (1)(A)(ii) and inserting ``reserve facilities.'';
            (4) by striking paragraph (1)(B) and inserting the 
        following:
            ``(B) to any coastal state or public or private person for 
        purposes of--
                    ``(i) supporting research and monitoring associated 
                with a national estuarine reserve that are consistent 
                with the research guidelines developed under subsection 
                (c); or
                    ``(ii) conducting educational, interpretive, or 
                training activities for a national estuarine reserve 
                that are consistent with the education guidelines 
                developed under subsection (c).'';
            (5) by striking ``therein or $5,000,000, whichever amount 
        is less.'' in paragraph (3)(A) and inserting ``therein. Non-
        Federal costs associated with the purchase of any lands and 
        waters, or interests therein, which are incorporated into the 
        boundaries of a reserve up to 5 years after the costs are 
        incurred, may be used to match the Federal share.'';
            (6) by striking ``and (iii)'' in paragraph (3)(B);
            (7) by striking ``paragraph (1)(A)(iii)'' in paragraph 
        (3)(B) and inserting ``paragraph (1)(A)'';
            (8) by striking ``entire System.'' in paragraph (3)(B) and 
        inserting ``System as a whole.''; and
            (9) by adding at the end thereof the following:
            ``(4) The Secretary may--
                    ``(A) enter into cooperative agreements, financial 
                agreements, grants, contracts, or other agreements with 
                any nonprofit organization authorizing the organization 
                to solicit donations to carry out the purposes and 
                policies of this section, other than general 
                administration of reserves or the System, which are 
                consistent with the purposes and policies of this 
                section; and
                    ``(B) accept donations of funds and services for 
                use in carrying out the purposes and policies of this 
                section, other than general administration of reserves 
                or the System, which are consistent with the purposes 
                and policies of this section, and any such donation 
                shall be considered as a gift or bequest to or for the 
                use of the United States for the purpose of carrying 
                out this section.''.
    (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``including coordination with other coastal programs,'' after 
``reserve,''.

SEC. 216. COASTAL ZONE MANAGEMENT REPORTS.

    Section 316 (16 U.S.C. 1462) is amended--
            (1) by striking ``to the President for transmittal'' in 
        subsection (a);
            (2) by striking ``(10) a description of the economic, 
        environmental, and social consequences of energy activity 
        affecting the coastal zone and an evaluation of the 
        effectiveness of financial assistance under section 308 in 
        dealing with such consequences;'' in subsection (a);
            (3) by redesignating the provisions designated as (11), 
        (12), and (13) in subsection (a) as (10), (11), and (12), 
        respectively;
            (4) by striking ``Secretary'' in the first sentence of 
        subsection (c)(1) and inserting ``Secretary, in consultation 
        with coastal states, and with the participation of affected 
        Federal agencies,'';
            (5) by striking the second sentence of subsection (c)(1) 
        and inserting the following: ``The Secretary, in conducting 
        such a review, shall coordinate with, and obtain the views of, 
        applicable Federal agencies.'';
            (6) by striking ``shall promptly'' in subsection (c)(2) and 
        inserting ``shall, with 4 years after the date of enactment of 
        the Coastal Stewardship Act,''; and
            (7) by adding at the end of subsection (c)(2) the 
        following: ``If sufficient funds and resources are not 
        available to conduct such a review, the Secretary shall so 
        notify the Congress.''.

SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

    Section 318 (16 U.S.C. 1464) is amended to read as follows:

``SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Fiscal Years 2000 Through 2004.--There are authorized to be 
appropriated to carry out the purposes of this Act for fiscal years 
2000, 2001, 2002, 2003, and 2004 the following amounts:
            ``(1) For grants under sections 306, 306A, and 309, 
        $140,700,000 ($73,000,000 of which may be derived from the 
        Ocean and Coast Conservation Fund) of which--
                    ``(A) $98,700,000 shall be available for use under 
                sections 306, 306A, and 309; and
                    ``(B) $42,000,000 shall be made available 
                specifically to develop, enhance, and implement 
                elements of coastal nonpoint pollution control programs 
                in addition to funds provided for these programs in 
                this subsection.
            ``(2) For grants under section 315, $12,000,000 ($5,000,000 
        of which may be derived from the Ocean and Coast Conservation 
        Fund).
            ``(3) For implementation of section 310, $30,000,000, which 
        may be derived from the Ocean and Conservation Fund, in 
        addition to amounts authorized by paragraph (4).
            ``(4) For costs associated with administering this Act, 
        $9,500,000.
            ``(5) For grants to fund construction projects at reserves 
        established under section 315, $12,000,000.
    ``(b) Matching With Other Federal Funds Prohibited.--Federal funds 
received from other sources may not be used to pay a coastal state's 
share of costs under section 306.
    ``(c) Reversion of Unobligated Funds.--The amount of any grant or 
portion of a grant made to a State under any section of this Act which 
is not obligated by such State within 3 years from when it was first 
authorized to be obligated by such State shall revert to the Secretary. 
The Secretary shall add such reverted amount to the funds available for 
grants to States under this Act.
    ``(d) Purchase of Federal Products and Services.--Federal funds 
allocated under this title may be used by grantees to purchase Federal 
products and services not otherwise available.
    ``(e) Exception.--Funds authorized for appropriation from the Ocean 
and Coast Conservation Fund in subsection (a) are only authorized for 
appropriation if not less than $75,000,000 is appropriated from general 
revenues for purposes of this Act.''.

        Subtitle B--Coastal Habitat Restoration and Preservation

SEC. 251. FINDINGS.

    The Congress finds:
            (1) The economy and the quality of life of many communities 
        depend on the natural abundance and health of coastal habitat.
            (2) Despite the many values of coastal habitat, these 
        resources are gravely threatened by habitat alteration and 
        loss.
            (3) The accumulated loss of coastal habitat is reaching 
        over 90 percent in some regions of the nation, threatens the 
        ecological and economic bounty of regions experiencing the 
        loss, and can be reversed only by action to restore lost and 
        degraded coastal habitat.
            (4) The demands on Federal, State, and local funding for 
        coastal habitat restoration and preservation activities exceed 
        available resources and prompt serious concerns about the 
        ability of the United States to restore this habitat.
            (5) To succeed in restoring coastal habitat, it is 
        important to link habitat restoration and preservation projects 
        to broader ecosystem planning in order to establish restoration 
        and preservation programs that are effective in the long term.
            (6) Efficient leveraging of scarce public resources and new 
        and innovative incentive-based funding coastal habitat 
        restoration and preservation projects would generate returns on 
        investments for communities through improvement of the vibrancy 
        and health of coastal habitat.
            (7) Such new partnerships would help ensure the ecological 
        and economic vibrancy of coastal habitat for the benefit of 
        future generations.

SEC. 252. PURPOSES.

    The purposes of this subtitle are--
            (1) to identify, create, and implement projects that will 
        restore and preserve ocean and coastal habitat, including 
        voluntary, community-based projects and regional habitat 
        restoration projects;
            (2) to enhance coordination and leveraging of Federal, 
        State, and community coastal habitat restoration and 
        preservation projects, programs, plans, studies, and 
        activities;
            (3) to establish effective coastal habitat restoration and 
        preservation partnerships among public agencies at all levels 
        of government and between the public and private sectors;
            (4) to develop and enhance monitoring and maintenance 
        capabilities designed to ensure that restoration and 
        preservation projects build on the successes of past and 
        current efforts and scientific understanding;
            (5) to provide permanent financial assistance to the 
        States, private citizens, and nongovernmental entities for 
        these purposes; and
            (6) to promote watershed or ecosystem approaches to 
        restoring the Nation's estuaries and other living marine 
        reserve habitats.

SEC. 253. DEFINITIONS.

    In this subtitle:
            (1) Ocean and coastal habitat.--The term ``ocean and 
        coastal habitat'' means the complex of physical and hydrologic 
        features and living organisms within estuaries, coastal and 
        marine waters, and associated ecosystems, including estuarine 
        zones, coastal wetlands and marshes, flood plains, mangroves, 
tidal flats, sea grass meadows and beds, shoreline areas, coral reefs, 
shellfish beds, and kelp beds.
            (2) Coastal state.--The term ``coastal state'' has the 
        meaning given to that term by section 304(4) of the Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1453).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (4) Fund.--The term ``Fund'' means the Ocean and Coast 
        Conservation Fund established by section 101 of this Act.
            (5) Coastal population.--The term ``coastal population'' 
        means the population subdivisions, as determined by the most 
        recent official data of the Census Bureau, contained in whole 
        or in part within the designated coastal boundary of a State as 
        defined in a State's coastal zone management program under the 
        Coastal Zone Management Act (16 U.S.C. 1455).

SEC. 254. RESTORATION AND PRESERVATION PROJECTS.

    (a) In General.--In order to receive funds made available under 
this subtitle, each coastal State shall develop projects that will 
restore and protect ocean and coastal habitat, including activities 
that will--
            (1) restore and preserve physical features, biological 
        functions, or hydrologic functions;
            (2) address or restore degraded areas, including the 
        provision of technical assistance to avoid the potential 
        degradation of coastal habitat from other projects;
            (3) implement or build upon existing regional or watershed-
        based restoration plans;
            (4) control non-native and invasive species;
            (5) purchase land and land rights; or
            (6) reintroduce native or ecologically beneficial species 
        through planting or natural succession.
    (b) Cooperative Projects.--Restoration and preservation projects 
shall--
            (1) encourage enhanced coordination and leveraging of 
        Federal, State, and community restoration and preservation 
        programs, plans, and studies; and
            (2) encourage partnerships among public agencies at all 
        levels of government and between the public and private 
        sectors.
    (c) Exclusions.--A coastal state may not receive funds made 
available under this subtitle for a project, program, plan, study, or 
activity that includes--
            (1) an activity that constitutes mitigation for the adverse 
        effects of an activity regulated or otherwise governed by 
        Federal or State law;
            (2) an activity that constitutes satisfaction of liability 
        for natural resource damages or other environmental liability 
        under any Federal or State law; or
            (3) the acquisition of land or land rights from an 
        unwilling seller.

SEC. 255. REVIEW, REVISION, AND APPROVAL OF PROJECTS.

    (a) Submission of Projects for Review.--The Governor of a coastal 
state shall submit a plan for each project developed by that State 
under section 254(a) to the Secretary. Each such plan shall include--
            (1) a description of the project;
            (2) an evaluation of whether the project will meet one or 
        more of the purposes in section 252;
            (3) an estimate of the duration of the project;
            (4) a budget that includes the annual and total cost of the 
        project; and
            (5) a list of all government and non-government agencies 
        charged with administering funds allocated to the project 
        pursuant to section 256(c) of this Act.
    (b) Review by the Secretary.--
            (1) In general.--The Secretary shall review each plan 
        submitted under subsection (a) to determine whether the project 
        meets the requirements of this subtitle and notify the Governor 
        of that determination within 60 days after the plan is 
        submitted.
            (2) Past performance.--In determining whether a project or 
        a revised project submitted by a coastal state under this 
        section meets the requirements of this subtitle, the Secretary 
        shall take into account that State's past performance in 
        achieving the purposes of this subtitle, including its progress 
        in implementing and completing projects.
            (3) Federally-approved projects, plans, studies, and 
        activities.--The Secretary shall approve any restoration and 
        preservation project, plan, study, or activity submitted by a 
        coastal state under section 255 that--
                    (A) has been approved by any Federal agency;
                    (B) has not been fully funded;
                    (C) meets one or more of the purposes of section 
                252; and
                    (D) meets the requirements of the guidelines and 
                criteria established under section 258.
    (c) Projects Not Approved.--
            (1) Revision assistance.--If the Secretary determines that 
        a State project does not meet the requirements of this 
        subtitle, the Secretary shall provide technical assistance to 
        the Governor of that State in revising the project plan. The 
        Governor shall, as soon as possible after being notified of the 
        Secretary's determination--
                    (A) notify the Secretary that the State will not 
                resubmit its project plan for funding for the calendar 
                year; or
                    (B) revise the project, with or without the 
                assistance provided by the Secretary, and submit the 
                revised plan for the project for review by the 
                Secretary.
            (2) Second review.--The Secretary shall promptly review any 
        revised project plan submitted in a timely manner (as 
        determined by the Secretary) and determine whether the revised 
        project meets the requirements of this subtitle and notify the 
        Governor of that determination within 30 days of submission. If 
        the Secretary determines that the revised project meets the 
        requirements of this subtitle, the Secretary shall allocate 
        funds to the State in accordance with this subtitle.
            (3) Disapproved or withdrawn plans.--If the Secretary 
        determines that the revised project does not meet the 
        requirements of this subtitle, or if the Governor does not 
        submit a revised project plan for review within the time frame 
        established by the Secretary, then no funds available under 
        this subtitle may be allocated from the Ocean and Coast 
        Conservation Fund for that project.
    (d) Approved Projects.--If the Secretary determines that a State 
project meets the requirements of this subtitle, including the 
guidelines and criteria established under section 258, the Secretary 
shall allocate funds to that State in accordance with this subtitle for 
developing and implementing such projects.

SEC. 256. ALLOCATION AND DISBURSAL OF FUNDS.

    (a) Formula for Allocation.--
            (1) In general.--The Secretary shall allocate the amounts 
        available for distribution under this subtitle from the Fund 
        for any calendar year among the several coastal states in 
        accordance with the following formula:
                    (A) 30 percent shall be available for distribution 
                on the basis of the ratio which the coastline of each 
                coastal state bears to the total coastline of all 
                coastal states; and
                    (B) 70 percent shall be available for distribution 
                on the basis of the ratio which the coastal population 
                of each coastal state bears to the total coastal 
                population of all coastal states.
            (2) Finality.--The allocation of funds by the Secretary 
        under paragraph (1) is final.
    (b) Notification.--As soon as the Secretary knows, or can 
reasonably estimate, the amount that will be available for distribution 
under this subtitle from the Fund for a calendar year, the Secretary 
shall notify the Governor of each coastal state of the amount available 
for allocation to that State under subsection (a) for that calendar 
year under this subtitle.
    (c) Payment.--The Secretary shall grant funds for approved projects 
from amounts available for allocation to a coastal state under 
subsection (a) within 90 days after notifying the Governor of that 
State that a project has been approved. The Secretary may make payments 
in installments or in any manner authorized by title 31, United States 
Code, and shall make such payments beginning not later than December 
31. The first payments under this subtitle may not be made before the 
date that is 1 year after the date of enactment of this Act.
    (d) Suballocation to Political Subdivisions and Nonprofit 
Entities.--A State that receives funds under subsection (c) may 
allocate a portion of those funds--
            (1) to any local government, area-wide agency designated 
        under section 204 of the Demonstration Cities and Metropolitan 
        Development Act of 1966 (42 U.S.C. 3334), regional agency, or 
        interstate agency; or
            (2) to any nonprofit organization with expertise in coastal 
        or marine issues,
for the purpose of carrying out a coastal habitat restoration and 
protection project approved under section 255.
    (e) Reapportionment of Unobligated Amounts.--Except as provided in 
subsection (f), if any funds available for allocation to a coastal 
state for a calendar year are not obligated by the Secretary, the 
Secretary shall make those funds available to that State for each of 
the next 2 calendar years. If funds available for allocation to a 
coastal state remain unobligated for 3 calendar years, then the 
unobligated funds shall be added to the funds available for allocation 
to all coastal states under subsection (a) for the fourth calendar year 
after the calendar year for which they were first allocated to that 
State.
    (f) Funds Not Paid to the Coastal States.--Any amount in the Fund 
available for allocation to a coastal State but not paid or obligated 
because that State did not have a plan approved under section 255 of 
the calendar year, or because the amount allocated to that State for 
the calendar year exceeded the amount obligated or expended under its 
plan, shall be retained by the Fund and disposed of according to the 
law otherwise applicable to revenues from leases on the Outer 
Continental Shelf.

SEC. 257. DATABASE; REPORT TO CONGRESS.

    (a) Database of Restoration and Protection Project Information.--
The Secretary shall maintain a database of information concerning 
coastal habitat restoration and preservation projects funded under this 
subtitle, including information on project techniques, project 
completion, monitoring data, and other relevant information.
    (b) Report.--The Secretary shall annually submit a report to the 
Committee on Commerce, Science, and Transportation of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives on the results of activities carried out under this 
subtitle. The report shall include--
            (1) a review and evaluation of each coastal state's 
        restoration and preservation projects;
            (2) a review of all funds allocated to coastal states and 
        to the Department of Commerce under this subtitle;
            (3) quantitative data on coastal habitats restored and 
        protected under this subtitle, including the scope and number 
        of projects approved and completed;
            (4) an estimate of the long-term success of varying 
        restoration and protection techniques used in carrying out 
        projects under this subtitle; and
            (5) a review of the extent to which information described 
        in paragraph (4) will be or has been incorporated in the 
        selection and implementation of coastal habitat restoration and 
        protection projects.

SEC. 258. GUIDELINES.

    The Secretary shall publish guidelines and criteria for the review, 
revision, and approval of projects under section 255, including 
Federally-approved projects under section 255(b)(3), in the Federal 
Register within 90 days after the date of enactment of this Act. After 
a 60-day period for public comment, the Secretary shall publish the 
guidelines in final form.

SEC. 259. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

    In carrying out this subtitle, the Secretary may--
            (1) enter into cooperative agreements, financial 
        agreements, grant agreements, contractual agreements, or other 
        agreements with Federal, State, and local government agencies 
        and other persons and entities to carry out this title; and
            (2) execute such memoranda of understanding as are 
        necessary to reflect any such agreement.

SEC. 260. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this subtitle any amounts in 
the Fund not authorized to be appropriated under the other titles of 
this Act.
    (b) Administrative Expenses and Staffing.--There are authorized to 
be appropriated to the Secretary to administer the activities in this 
subtitle $7,500,000 for fiscal year 2000 and for each year there after.

                TITLE III--COOPERATIVE OCEAN STEWARDSHIP

                Subtitle A--National Marine Sanctuaries

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``National Marine Sanctuaries 
Amendments Act of 1999''.

SEC. 302. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

    Except as otherwise expressly provided, whenever in this subtitle 
an amendment or repeal is expressed in terms of an amendment or repeal 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Marine Sanctuaries Act (46 U.S.C. 1431 et seq.).

SEC. 303. CHANGES IN FINDINGS, PURPOSES, AND POLICIES.

    (a) Amendment of Findings.--Section 301(a) (16 U.S.C. 1431(a)) is 
amended--
            (1) by striking ``educational, or aesthetic'' in paragraph 
        (2) and inserting ``monitoring, educational, cultural, 
        archaeological, or aesthetic'';
            (2) by striking ``a coordinated and comprehensive approach 
        to the'' in paragraph (3) and inserting ``coordinated and 
        comprehensive ecosystem'';
            (3) by striking ``such a Federal program'' in paragraph (5) 
        and inserting ``a Federal program for protected marine areas'';
            (4) by striking ``wise use'' in paragraph (5) and inserting 
        ``sustainable use'';
            (5) by striking ``and'' after the semicolon in paragraph 
        (5);
            (6) by redesignating paragraph (6) as paragraph (7), and 
        inserting after paragraph (5) the following:
            ``(6) an integrated network of protected marine areas, to 
        be known as the National Marine Sanctuary System, will provide 
        added value to the Nation beyond their individual boundaries by 
        applying innovative management techniques across the entire 
        national system; and'';
            (7) by striking ``protection of these special areas'' in 
        paragraph (7), as redesignated, and inserting ``protecting the 
        biodiversity, habitats, and qualities of such special areas 
        through precautionary and preventative management actions''; 
        and
            (8) by inserting ``and the values and ecological services 
        they provide'' in paragraph (7), as redesignated, after 
        ``living resources''.
    (b) Amendment of Purposes and Policies.--Section 301(b) (16 U.S.C. 
1431(b)) is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) to maintain natural biodiversity and biological 
        communities, and to protect, and where appropriate, restore, 
        and enhance natural habitats, populations, and ecological 
        processes;'';
            (2) by striking ``understanding, appreciation, and wise use 
        of the marine environment;'' in paragraph (4) and inserting 
        ``understanding, and appreciation of the marine environment and 
        the natural, historical, cultural, and archaeological resources 
        of national marine sanctuaries in order to ensure their 
        conservation and sustainable use for future generations;''
            (3) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), and inserting after paragraph (4) 
        the following:
            ``(5) to support, promote, and coordinate appropriate 
        scientific research on, and long-term monitoring of, the 
        resources of protected marine areas;'';
            (4) by striking ``facilitate'' in paragraph (6), as 
        redesignated, and inserting ``allow,'';
            (5) by striking ``areas;'' in paragraph (8), as 
        redesignated, and inserting ``areas, including the application 
        of innovative management techniques such as marine zoning; 
        and''; and
            (6) by striking paragraph (10), as redesignated.

SEC. 304. CHANGES IN DEFINITIONS.

    Section 302 (16 U.S.C. 1432) is amended--
            (1) by striking ``304(a)(1)(C)(v)'' in paragraph (1) and 
        inserting ``304(a)(2)'';
            (2) by striking subparagraph (A) of paragraph (6) and 
        inserting the following:
                    ``(A) compensation for the cost of restoring or 
                rehabilitating an injured sanctuary resource and its 
                services to its baseline condition; and
                    ``(B)(i) the cost of replacing or acquiring 
                resources and services of equivalent value to the 
                sanctuary resources and services lost until the 
                sanctuary resource has recovered its baseline 
                condition; or
                    ``(ii) the lost value of the sanctuary resources 
                and services from the date the injury occurred until 
                the sanctuary resource has recovered its baseline 
                condition;'';
            (3) by striking ``and'' after the semicolon in subparagraph 
        (B) of paragraph (6);
            (4) by striking ``resources;'' in subparagraph (C) of 
        paragraph (6) and inserting ``resources; and'';
            (5) by inserting after paragraph (6)(C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources;'';
            (6) by inserting ``including enforcement activities'' after 
        ``injury'' in paragraph (7);
            (7) by striking ``historical, research, educational, or '' 
        in paragraph (8) and inserting ``historical, educational, 
        cultural, archaeological,'';
            (8) by striking ``and'' after the semicolon in paragraph 
        (8);
            (9) by striking ``Act.'' in paragraph (9) and inserting 
        ``Act;''; and
            (10) by adding at the end thereof the following:
            ``(10) `to injure' means to change a marine sanctuary 
        resource adversely, including, but not limited to--
                    ``(A) adversely changing chemical, biological, or 
                physical attribute of a marine sanctuary resource;
                    ``(B) impairing a marine sanctuary resource 
                service;
                    ``(C) direct, indirect, or cumulative adverse 
                changes, regardless of their duration; and
                    ``(D) loss, loss of use, or destruction of a marine 
                sanctuary resource;
            ``(11) `service' means a function performed by a marine 
        sanctuary resource for the benefit of another marine sanctuary 
        resource, other natural resource, or the public;
            ``(12) `person', in addition to its meaning under section 1 
        of title 1, United States Code, includes a department, agency, 
        or instrumentality of the government of the United States, a 
        State, or a foreign Nation; and
            ``(13) `baseline' means the condition of a marine sanctuary 
        resource or service that would have existed if the injury had 
        not occurred.''.

SEC. 305. CHANGES IN SANCTUARY DESIGNATION STANDARDS.

    Section 303 (16 U.S.C. 1433) is amended--
            (1) by striking ``its resource or human-use values;'' in 
        subsection (a)(2)(A) and inserting ``its biodiversity, 
        ecological importance, or human-use values;'';
            (2) by striking ``are inadequate or'' in subsection 
        (a)(2)(B); and
            (3) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) Factors and Consultations.--
            ``(1) Factors.--In determining whether an area of the 
        marine environment meets the standards established by 
        subsection (a), the Secretary shall consider the following 
        factors:
                    ``(A) The natural resource and ecological qualities 
                of the area, including its biodiversity, biological 
                communities, ecological significance, bio-geographic 
                representation, contribution to local and regional 
                biological productivity, ecosystem structure and 
                function, and the maintenance of ecologically or 
                economically important habitats and species, including 
                threatened and endangered species.
                    ``(B) The historical, cultural, archaeological, or 
                paleontological significance of the area.
                    ``(C) The present and potential human uses of the 
                area that depend on maintenance of a healthy and 
                functional natural ecosystem.
                    ``(D) The present and potential activities that may 
                threaten or otherwise adversely affect the factors 
                described in subparagraphs (A), (B), and (C).
                    ``(E) The area's scientific value as a protected 
                area.
                    ``(F) The existing State and Federal regulatory and 
                management authorities applicable to the area and the 
                adequacy of those authorities to fulfill the purposes 
                and policies of this title.
                    ``(G) The manageability of the area, including such 
                factors as its size, its location, its vulnerability to 
                significant ecological disturbance, its ability to be 
                identified as a discrete ecological unit with definable 
                boundaries, its accessibility, and its suitability for 
                scientific monitoring and enforcement activities.
                    ``(H) The feasibility, where appropriate, of 
                employing innovative management approaches such as 
                marine zoning to protect sanctuary resources or to 
                manage compatible uses.
                    ``(I) The value of the site as part of an 
                integrated network of protected marine areas, both 
                within the National Marine Sanctuary System, and in the 
                broader context of protected marine areas throughout 
                the United States and internationally.
                    ``(J) The public benefits to be derived from 
                sanctuary status, with emphasis on the benefits of 
                long-term protection of nationally significant 
                resources, qualities, and vital habitats.
                    ``(K) The negative impacts produced by management 
                restrictions on income-generating activities such as 
living and nonliving resources development.
                    ``(L) The socioeconomic effects of designation as a 
                national marine sanctuary.''.

SEC. 306. CHANGES IN PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.

    (a) Changes in Notice Requirements.--Section 304(a) (16 U.S.C. 
1434(a)) is amended--
            (1) by striking ``Senate documents, including an executive 
        summary consisting of--'' and all that follows in paragraph 
        (1)(C) and inserting the following:
                ``Senate--
                            ``(i) the draft environmental impact 
                        statement prepared under paragraph (3);
                            ``(ii) the draft management plan prepared 
                        under paragraph (2);
                            ``(iii) the basis for the findings made 
                        under section 303(a) for the area;
                            ``(iv) an assessment of the factors 
                        required to be considered under section 
                        303(b)(1);
                            ``(v) an estimate of the annual cost of the 
                        proposed designation, including the costs of 
                        personnel, equipment and facilities, 
                        enforcement, research, and public education; 
                        and
                            ``(vi) the proposed regulations referred to 
                        in subsection (a)(1)(A).''.
    (b) Management Plan Requirement.--Section 304(a) (16 U.S.C. 
1434(a)) is amended--
            (1) by redesignating paragraphs (2) through (6) as (3) 
        through (7), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Management plan.--The Secretary shall prepare, and 
        make available to the public, a management plan for the 
        proposed sanctuary that includes--
                    ``(A) the terms of the proposed designation;
                    ``(B) proposed mechanisms to coordinate existing 
                regulatory and management authorities within the area;
                    ``(C) the proposed goals and objectives, management 
                responsibilities, resource studies, and appropriate 
                strategies for managing sanctuary resources, 
                interpretation and education, research, monitoring and 
                assessment, resource protection, restoration, and 
                enforcement, including surveillance activities for the 
                area;
                    ``(D) an evaluation of the advantages of 
                cooperative State and Federal management if all or part 
                of a proposed marine sanctuary is within the 
                territorial limits of a State, or is superjacent to the 
                subsoil and seabed within the seaward boundary of a 
                State (as established under the Submerged Lands Act (43 
                U.S.C. 1301 et seq.); and
                    ``(E) the proposed regulations prepared under 
                section 304(a)(1)(A).''.
    (c) Other Notice-Related Changes.--Section 304(a) (16 U.S.C. 
1434(a)) is further amended--
            (1) by striking ``research, educational,'' in paragraph 
        (4), as redesignated, and inserting ``educational, cultural, 
        archaeological,'';
            (2) by striking ``only by the same procedures by which the 
        original designation is made.'' in paragraph (4), as 
        redesignated, and inserting ``by following the applicable 
        procedures of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and chapter 5 of title 5, United States 
        Code.''; and
            (3) by inserting ``this Act and'' after ``objectives of'' 
        in the second sentence of paragraph (6), as redesignated.
    (d) Other Changes.--Section 304 (16 U.S.C. 1434) is amended--
            (1) by striking ``natural'' and inserting ``national'' in 
        subsection (b)(1);
            (2) by adding at the end of subsection (b)(1) the 
        following: ``For purposes of the preceding sentence, any 
        proposed change in a term of designation of such a national 
        marine sanctuary shall be treated as a designation.'';
            (3) by inserting ``or the national system'' in subsection 
        (b)(2) after ``sanctuary'';
            (4) by striking ``are likely to destroy,'' in subsection 
        (d)(1)(A) and inserting ``may destroy,'';
            (5) by striking the last sentence of subsection (d)(3);
            (6) by adding at the end of subsection (d) the following:
            ``(4) Consequences of rejecting alternatives.--If the head 
        of an agency does not follow the Secretary's recommendations 
        under paragraph (2), the head of that agency shall explain in 
        writing to the Secretary the reasons for not following those 
        recommendations. If the action of a Federal agency results in a 
        threat of destruction, destruction, or loss of, or injury to, a 
        national marine sanctuary resource (including toxic spills and 
        vessel groundings), the agency head shall promptly coordinate 
        with the Secretary and take action to prevent, or to respond to 
        and mitigate, the harm and, if possible, to restore, replace, 
        or provide the equivalent of any sanctuary resource destroyed, 
        lost, or injured by the agency action.''; and
            (7) by striking ``management techniques,'' in subsection 
        (e) and inserting ``management techniques and strategies,''.

SEC. 307. CHANGES IN INTERNATIONAL COOPERATION PROVISIONS.

    Section 305(c) (16 U.S.C. 1435(c)) is amended by striking 
``governments and international organizations'' and inserting 
``governments, international organizations, and other persons''.

SEC. 308. CHANGES IN ACTIVITIES PROHIBITED.

    Section 306 (16 U.S.C. 1436) is amended--
            (1) by striking ``sell,'' in paragraph (2) and inserting 
        ``offer for sale, sell, purchase, import, export,''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any authorized officer to 
                board a vessel for the purpose of conducting a search 
                or inspection in connection with the enforcement of 
                this title;
                    ``(B) assaulting, resisting, opposing, impeding, 
                intimidating, or interfering with any authorized 
                officer in the conduct of any search or inspection 
                under this title;
                    ``(C) submitting false information to the Secretary 
                or any authorized officer in connection with any search 
                or inspection under this title; or
                    ``(D) assaulting, resisting, opposing, impeding, 
                intimidating, harassing, bribing, or interfering with 
                any person authorized by the Secretary to implement the 
                provisions of this title; or''.

SEC. 309. CHANGES IN ENFORCEMENT PROVISIONS.

    Section 307 (16 U.S.C. 1437) is amended--
            (1) by striking ``and reasonable'' in subsection (a);
            (2) by redesignating paragraphs (1) through (5) of 
        subsection (b) as paragraphs (2) through (6), respectively, and 
        inserting before paragraph (2) the following:
            ``(1) arrest any other person, if that authorized person 
        has reasonable cause to believe that the other person has 
        committed an act prohibited by section 306(3);'';
            (3) by redesignating subsections (c) through (j) as 
        subsections (d) through (k), and inserting after subsection (b) 
        the following:
    ``(c) Criminal Offenses.--
            ``(1) In general.--Violation of section 306(3) is 
        punishable by a fine of not more than $100,000, imprisonment 
        for not more than 6 months, or both.
            ``(2) Aggravated violations.--If a person in the course of 
        violating section 306(3)--
                    ``(A) uses a dangerous weapon;
                    ``(B) causes bodily injury to any person authorized 
                to enforce this title or to implement its provisions; 
                or
                    ``(C) causes such a person to fear imminent bodily 
                injury,
        then the violation is punishable by a fine of not more than 
        $200,000, imprisonment for not more than 10 years, or both.'';
            (4) by striking ``$100,000'' in paragraph (1) of subsection 
        (d), as redesignated, and inserting ``$109,000'';
            (5) by striking ``forfeiture;'' in paragraph (1)(C)(i) of 
        subsection (f), as redesignated, and inserting ``forfeiture, 
        with priority given to protecting and enhancing the sanctuary's 
        resources;'';
            (6) by striking ``sanctuary.'' in paragraph (1)(C)(iii) of 
        subsection (f), as redesignated, and inserting ``sanctuary, 
        with priority given to protecting and enhancing the sanctuary's 
        resources, particularly degraded resources.''; and
            (7) by inserting ``electronic files,'' after ``books,'' in 
        subsection (h), as redesignated.

SEC. 310. ADDITIONAL REGULATIONS AUTHORITY ADDED.

    Section 308 (16 U.S.C. 1439) is amended to read as follows:

``SEC. 308. REGULATIONS AND SEVERABILITY.

    ``(a) Regulations.--The Secretary may issue such regulations as may 
be necessary to carry out this title.
    ``(b) Severability.--If any provision of this title, or the 
application thereof to any person or circumstance, is held invalid, the 
validity of the remainder of this title and of the application of that 
provision to other persons and circumstances shall not be affected by 
that holding.''.

SEC. 311. CHANGES IN RESEARCH, MONITORING, AND EDUCATION PROVISIONS.

    Section 309 (16 U.S.C. 1440) is amended to read as follows:

``SEC. 309. RESEARCH, MONITORING, AND EDUCATION PROGRAMS AND 
              INTERPRETIVE FACILITIES.

    ``(a) In General.--The Secretary shall conduct, support, and 
coordinate research, monitoring, and education programs, consistent 
with subsections (b) and (c) and the purposes and policies of this 
title, focusing primarily on--
            ``(1) creating an understanding of the natural processes 
        necessary to maintain biodiversity and viable ecosystems; and
            ``(2) reducing anthropogenic impacts on the long-term 
        conservation of biodiversity and viable ecosystems.
    ``(b) Research and Monitoring.--
            ``(1) In general.--The Secretary may support, promote, and 
        coordinate appropriate scientific research on, and long-term 
        monitoring of, the resources and human uses of marine 
        sanctuaries, with particular emphasis on maintaining or 
restoring diversity of living marine resources, their habitats, 
ecological processes, and functions fundamental to the viability and 
conservation of these protected areas, through--
                    ``(A) research, monitoring, exploration, mapping, 
                and environmental and socio-economic assessment; and
                    ``(B) restoration efforts to enhance the rate of 
                recovery of degraded habitats or resources, and the 
                development and testing of appropriate restoration 
                methods.
            ``(2) Availability of results.--The Secretary shall make 
        the results of activities undertaken by the Secretary under 
        paragraph (1) available to the public.
    ``(c) Education and Interpretive Facilities.--The Secretary may 
undertake, either solely or in partnership with other persons under 
section 311, efforts to enhance public awareness, understanding, and 
appreciation of the marine environment, in order to ensure better 
understanding of resources and natural processes and their conservation 
for future generations, including education aimed at the general 
public, teachers, students, sanctuary users, or environmental decision 
makers. Any effort undertaken under this subsection shall emphasize the 
conservation goals of national marine sanctuaries and, to the extent 
practicable, address specific threats to sanctuary resources stemming 
from human uses that affect the marine environment.
    ``(d) Interpretive Facilities.--The Secretary may undertake, either 
solely or in partnership with other persons under section 311, to 
develop interpretive facilities across the nation focused on marine 
resource preservation that promote marine conservation by providing the 
public and specific user groups with innovative, focused, and effective 
information about the nature, biological, ecological, and social 
functions and values of marine sanctuary ecosystems.''.

SEC. 312. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

    Section 310 (16 U.S.C. 1441) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively, and by inserting 
        after subsection (a) the following:
    ``(b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any activity subject to a 
special use permit under subsection (a).'';
            (2) by striking ``insurance'' in paragraph (4) of 
        subsection (c), as redesignated, and inserting ``insurance, or 
        post an equivalent bond,'';
            (3) by striking ``the use of'' in paragraph (2)(C) of 
        subsection (d), as redesignated, and inserting ``access to, and 
        the use of,'';
            (4) by redesignating paragraph (3) of subsection (d), as 
        redesignated, as paragraph (4), and by inserting after 
        paragraph (2) thereof the following:
            ``(3) Waiver or reduction of fees; acceptance of in-kind 
        services.--
                    ``(A) Nonprofit activities.--The Secretary may 
                waive or reduce fees under paragraph (2) (A) or (B) for 
                activities that do not derive profit from the access to 
                and use of sanctuary resources.
                    ``(B) Compensation for fair market value.--The 
                Secretary may waive or reduce fees, or accept in-kind 
                services in lieu of fees, under paragraph (2)(C).'';
            (5) by amending subsection (f), as redesignated, to read as 
        follows:
    ``(f) Fishing Permits.--Nothing in this section authorizes the 
Secretary to require a person to obtain a permit under this section to 
fish in a national marine sanctuary.''.

SEC. 313. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

    Section 311 (16 U.S.C. 1442) is amended by redesignating 
subsections (b), (c), and (d) as subsections (c), (d), and (e), 
respectively, and inserting after subsection (a) the following:
    ``(b) Use of State and Federal Agency Resources.--The Secretary 
may, whenever appropriate, use by agreement the personnel, services, or 
facilities of departments, agencies, and instrumentalities of the 
government of the United States or of any State or political 
subdivision thereof on a reimbursable or non-reimbursable basis to 
assist in carrying out this Act.''.

SEC. 314. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR 
              INJURY.

    (a) Liability.--Section 312(a) (16 U.S.C. 1443(a)) is amended--
            (1) by striking ``sanctuary resource'' in paragraph (1) and 
        inserting ``sanctuary resource, or creates an imminent risk of 
        destruction, loss of, or injury to any sanctuary resource,'';
            (2) by striking ``injury; and'' in paragraph (1)(A) and 
        inserting ``injury, including damages resulting from response 
        actions;'';
            (3) by redesignating subparagraph (B) of paragraph (1) as 
        subparagraph (C), and inserting after subparagraph (A) thereof 
        the following:
                    ``(B) any costs related to seizure, forfeiture, 
                storage, or disposal arising from liability under this 
                section; and'';
            (4) by striking ``response costs'' in paragraph (2) and 
        inserting ``response, seizure, forfeiture, storage, and 
        disposal costs,'';
            (5) by inserting ``(other than an employee or agent of the 
        defendant, other than one whose act or omission occurs in 
        connection with a contractual relationship existing directly or 
        indirectly with the defendant),'' after ``third party'' in 
        paragraph 3(A).
            (6) by inserting ``or'' after the semicolon in paragraph 
        (3)(A);
            (7) by striking ``caused by an activity authorized by 
        Federal or State law; or'' in paragraph (3)(B) and inserting 
        ``specifically authorized by Federal or State law or permit 
        (excluding recommendations, instructions, or any other actions 
        undertaken by the Secretary or any other person authorized 
to enforce this title in responding to an incident creating liability 
under this section).'';
            (8) by striking subparagraph (C) of paragraph (3);
            (9) by inserting ``or vessel'' after ``person'' in 
        paragraph (4); and
            (10) by adding at the end thereof the following:
            ``(5) Joint and several liability.--Liability under 
        paragraph (1) is joint and several.''.
    (b) Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is amended--
            (1) by striking ``vessel who'' and inserting ``vessel 
        that'';
            (2) by striking ``response costs'' and inserting 
        ``response, seizure, forfeiture, storage, and disposal costs''; 
        and
            (3) by striking ``person may'' and inserting ``person or 
        vessel may''.
    (c) Use of Recovered Amounts.--Section 312 (16 U.S.C. 1443) is 
amended by striking subsection (d) and inserting the following:
    ``(d) Deposit and Use of Recovered Amounts.--
            ``(1) Deposit of amounts recovered under this act.--The 
        Secretary shall deposit any amount recovered by the Secretary 
        as response, seizure, forfeiture, storage, and disposal costs, 
        or as damages recovered under this section into the National 
        Oceanic and Atmospheric Administration's Damage Assessment and 
        Restoration Revolving Fund, which shall be interest-bearing, or 
        other interest-bearing accounts into which the Secretary may 
        lawfully deposit such amounts, and invested in interest-bearing 
        obligations of the United States.
            ``(2) Use of recovered amounts.--Amounts recovered under 
        this section shall be used by the Secretary, without further 
        appropriation as follows:
                    ``(A) Response costs and damage assessments.--
                Amounts recovered as reimbursement for past response, 
                seizure, forfeiture, storage, or disposal costs, and 
                damage assessment costs shall be used, as the Secretary 
                deems appropriate, to reimburse the Secretary or other 
                Federal or State agencies for those costs, and to fund 
                future response actions and damage assessments.
                    ``(B) Restoration, replacement, and prevention.--
                All other amounts recovered under this section shall be 
                used, in order of priority--
                            ``(i) to restore, replace, or acquire the 
                        equivalent of the sanctuary resources which 
                        were the subject of the action, including the 
                        costs of monitoring and the cost of curation 
                        and conservation of archaeological, historical, 
                        and cultural sanctuary resources;
                            ``(ii) to prevent threats of destruction, 
                        loss of, or injury to sanctuary resources 
                        within the national marine sanctuary that was 
                        the subject of the action;
                            ``(iii) to manage and improve the national 
                        marine sanctuary that was the subject of the 
                        action, with priority given to restoring and 
                        protecting comparable resources and habitats; 
                        and
                            ``(iv) to manage and improve any other 
                        national marine sanctuary, with priority given 
                        to restoring or enhancing injured or degraded 
                        habitats or resources.
            ``(3) Use of interest.--Notwithstanding any other provision 
        of law, interest earned on the investment of amounts in the 
        Fund under paragraph (1) shall be available, without further 
        appropriation, for response, damage assessment, restoration, 
        replacement, equivalent acquisition, or injury prevention 
        activities.
    ``(e) Statute of Limitations.--An action for damages under 
subsection (c) may not be brought more than 3 years after the date of 
completion of the relevant damage assessment and restoration plan 
prepared by the Secretary.''.

SEC. 315. CHANGES IN U.S.S. MONITOR PROVISIONS.

    Section 314 (16 U.S.C. 1445) is amended by striking subsection (b) 
and redesignating subsection (c) as subsection (b).

SEC. 316. CHANGES IN ADVISORY COUNCIL PROVISIONS.

    Section 315 (16 U.S.C. 1446) is amended--
            (1) by striking ``assistance'' in subsection (a) and 
        inserting ``advice and recommendations''; and
            (2) by striking ``protection and multiple use management'' 
        in subsection (b)(3) and inserting ``conservation''.

SEC. 317. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

    Section 316 (16 U.S.C. 1447) is amended--
            (1) by striking ``reproduction'' in subsection (a)(6) and 
        inserting ``reproduction, sale,'';
            (2) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), and by inserting after 
        subsection (b) the following:
    ``(c) Collaborations.--The Secretary may authorize the use of the 
symbol described in subsection (a) by any person engaged in a 
collaborative effort with the National Marine Sanctuary Program to 
carry out this title.''; and
            (3) striking ``Secretary; and'' in paragraph (3) of 
        subsection (f), as redesignated, and inserting ``Secretary, or 
        without prior authorization under subsection (c); or''.

SEC. 318. CORRECTION OF REFERENCES TO HOUSE COMMITTEE OF JURISDICTION.

    The Act is amended--
            (1) by striking ``Committee on Merchant Marine and 
        Fisheries Resources'' in section 303(b)(2)(A) and inserting 
        ``Committee on Resources'';
            (2) by striking ``Committee on Merchant Marine and 
        Fisheries Resources'' in section 304(a)(1)(C) and inserting 
        ``Committee on Resources''; and
            (3) by striking ``Committee on Merchant Marine and 
        Fisheries Resources'' in section 304(a)(7) and inserting 
        ``Committee on Resources''.

SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

    Section 313 (16 U.S.C. 1444) is amended to read as follows:

``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$35,000,000 for fiscal years 2000, 2001, 2002, 2003, and 2004, of which 
$5,000,000 may be derived from the Ocean and Coast Conservation 
Fund;''.

                   Subtitle B--Coral Reef Protection

SEC. 351. SHORT TITLE.

    This subtitle may be cited as the ``Coral Reef Protection Act of 
1999''.

SEC. 352. 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 aesthetic 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. 353. 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. 354. PURPOSES.

    The purposes of this subtitle 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. 355. DEFINITIONS.

    In this subtitle:
            (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. 356. 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 subtitle.
    (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, and to the extent practicable, resolving 
        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 
subtitle.
    (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. 357. 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, to 
the extent practicable, 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 and regional 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. 358. 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 355 or 356 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. 359. 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. 360. 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 
subtitle.
    (c) Authorization To Solicit Donations.--Consistent with section 4 
of the National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703), 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 subtitle. 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 361(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. 361. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for each of fiscal years 2000, 2001, 2002, 
2003, and 2004, $10,000,000 of which may be derived from the Ocean and 
Coast Conservation Fund, to carry out this subtitle, 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 356(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 357.
            (3) Administration.--Not more than 1 percent of the amounts 
        appropriated under paragraph (1) may be used by the Secretary 
        for administration of this subtitle.

             TITLE IV--COOPERATIVE RESEARCH AND ENFORCEMENT

SEC. 401. AMENDMENT OF THE INTERJURISDICTIONAL FISHERIES ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4101 et seq.).

SEC. 402. INFORMATION MANAGEMENT SYSTEM.

    Section 305 (16 U.S.C. 4104) is amended by adding at the end 
thereof the following:
    ``(d) Implementation of System.--
            ``(1) Cooperative agreements.--The Secretary may establish 
        cooperative agreements on a side-source basis with any 
        appropriate Marine Fisheries Commission, State, regional, or 
        tribal entities for the purposes of implementing the 
        standardized fishing vessel registration and information 
        management system transmitted under section 401(f) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1881(f)).
            ``(2) Guidelines.--Within 90 days after the date of 
        enactment of the Coastal Stewardship Act, the Secretary shall 
        publish in the Federal Register for a 60-day public comment 
        period, guidelines for establishing cooperative agreements with 
        Marine Fisheries Commission, State, regional, or tribal 
        entities under paragraph (1). The Secretary shall ensure that 
        the guidelines support the development and implementation of 
        cooperative State-Federal information programs as provided for 
        in section 401 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881).''.

SEC. 403. COOPERATIVE ENFORCEMENT.

    Section 305 (16 U.S.C. 4104) is further amended by adding at the 
end thereof the following:
    ``(e) Cooperative Enforcement.--
            ``(1)(A) In general.--The Secretary shall, within 90 days 
        after the date of enactment of the Coastal Stewardship Act, if 
        requested by the Governor of a State represented on an 
        Interstate Commission, enter into an agreement under section 
        311(a) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1861(a)) with such State, that 
        authorizes the deputization of State law enforcement officers 
        with marine law enforcement responsibilities to perform duties 
        of the Secretary relating to enforcement of any provisions of 
        this Act or any other marine resource law enforced by the 
        Secretary. Following the execution of such an agreement, the 
        Secretary shall, if requested by a State, enter into an 
        agreement for a joint project as provided by the first section 
        of Public Law 91-412 (15 U.S.C. 1525).
            ``(B) Enforcement.--The joint project agreements referred 
        to in the last sentence of the preceding subparagraph will 
        provide a framework for enforcement and prosecution of Federal 
        and State living marine resource laws and regulations in the 
        Exclusive Economic Zone of the United States. Central to these 
        joint projects shall be the prevention and detection of 
        violations by federally deputized officers. A key feature of 
        these jointly administered programs shall include the overt 
        presence by marine law enforcement officers which will improve 
        community-oriented policing and result in higher levels of 
        voluntary compliance.
            ``(2) Expenditures.--
                    ``(A) Upon execution of a joint project agreement 
                referred to in the last sentence of paragraph (1)(A) 
                and subject to the availability of appropriations, 
                amounts available for funding and joint project 
                agreements shall not exceed $2,000,000 per year per 
                State. These funds are intended to enhance enforcement 
                ad prosecution of Federal and State marine resource 
                laws and are to be considered in addition to, not in 
                line of, existing State funds for these services.
                    ``(B) The Secretary shall withhold an amount not to 
                exceed 10 percent to be utilized for the direct Federal 
                oversight and coordination of law enforcement and 
                prosecutorial responsibilities under joint project 
                agreements referred to in the last sentence of 
                paragraph (1)(A). The Secretary may enter into a 
                cooperative agreement, as provided by the first section 
                of Public Law 91-412 (15 U.S.C. 1525), on a sole-source 
                basis with an appropriate marine fisheries commission 
                to assist in such oversight and coordination.''.

SEC. 404. EXCEPTION TO INTERJURISDICTIONAL FISHERIES ACT APPORTIONMENT.

    Section 304 (16 U.S.C. 1403) is amended by adding at the end 
thereof the following:
    ``(e) Exception.--The preceding subsections of this section do not 
apply to the allocation of funds for joint project agreements under the 
first section of Public Law 91-412 (15 U.S.C. 1525) executed by the 
Secretary under section 305(e) of this Act.''.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    Section 308 (16 U.S.C. 4107) is amended by adding at the end 
thereof the following:
    ``(e) Cooperative Research and Enforcement.--
            ``(1) Cooperative agreements.--There are authorized to be 
        appropriated from the Ocean and Coast Conservation Fund to fund 
        cooperative agreements with States to carry out section 305(d) 
        of this Act--
                    ``(A) $9,700,000 for fiscal year 2000;
                    ``(B) $24,970,000 for fiscal year 2001;
                    ``(C) $35,500,000 for fiscal year 2002;
                    ``(D) $47,200,000 for fiscal year 2003; and
                    ``(E) $51,900,000 for fiscal year 2004.
        The Secretary shall allocate amounts authorized to be 
        appropriated under this paragraph in a manner that is 
        consistent with any allocation provided for in a report 
        entitled `Proposed Implementation of a Fishing Vessel 
        Registration and Fisheries Information System' submitted to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate in January, 1999.
            ``(2) Joint project agreements.--There are authorized to be 
        appropriated from the Ocean and Coast Conservation Fund to fund 
        joint project agreements under the first section of Public Law 
        91-412 (15 U.S.C. 1525) executed by the Secretary under section 
        305(e) of this Act $20,000,000 for each of fiscal years 2000 
        through 2004.''.
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