[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1888 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1888

 To support the protection of coral reefs and other resources in units 
of the National Park System and other agencies under the administration 
                   of the Secretary of the Interior.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1999

  Mr. Akaka (for himself, Mr. Inouye, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To support the protection of coral reefs and other resources in units 
of the National Park System and other agencies under the administration 
                   of the Secretary of the Interior.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coral Reef Resource Conservation and 
Management Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) coral reefs have great commercial, recreational, 
        cultural, environmental, and aesthetic value;
            (2) coral reefs--
                    (A) provide habitat to \1/3\ of all marine fish 
                species;
                    (B) are essential building blocks for biodiversity;
                    (C) are instrumental in forming tropical islands;
                    (D) protect coasts from waves and storms;
                    (E) contain an array of potential pharmaceuticals; 
                and
                    (F) support tourism and fishing industries in the 
                United States worth billions of dollars;
            (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) the Department of the Interior--
                    (A) manages extensive acreage that contains 
                sensitive coral reef habitat and adjacent submerged 
                land at 20 national wildlife refuges and 9 units of the 
                National Park System--
                            (i) in the States of Hawaii and Florida; 
                        and
                            (ii) in the territories of Guam, American 
                        Samoa, and the United States Virgin Islands; 
                        and
                    (B) maintains oversight responsibility for 
                additional significant coral reef resources under 
                Federal jurisdiction in insular areas, territories, and 
                surrounding territorial waters in the Pacific Ocean and 
                Caribbean Sea;
            (5) few of the 4,200,000 acres of coral reefs of the United 
        States have been mapped or have had their conditions assessed 
        or characterized;
            (6) the Department of the Interior conducts scientific 
        research and monitoring to determine the structure, function, 
        status, and condition of the coral reefs of the United States; 
        and
            (7) the Department of the Interior, in cooperation with 
        public and private partners, provides technical assistance and 
        engages in management and conservation activities for coral 
        reef habitats.
    (b) Purposes.--The purposes of this Act are--
            (1) to conserve, protect, and restore the health of coral 
        reef ecosystems and the species of fish, plants, and animals 
        that depend on those ecosystems;
            (2) to support the monitoring, assessment, management, and 
        protection of coral reef ecosystems over which the United 
        States has jurisdiction (including coral reef ecosystems 
        located in national wildlife refuges and units of the National 
        Park System);
            (3) to augment and support the efforts of the Department of 
        the Interior, the National Oceanic and Atmospheric 
        Administration, and other members of the Coral Reef Task Force;
            (4) to support research efforts that contribute to coral 
        reef conservation;
            (5) to support education, outreach, and enforcement for 
        coral reef conservation;
            (6) to provide financial resources and matching funds for 
        partnership efforts to accomplish the purposes described in 
        paragraphs (1) through (4); and
            (7) to coordinate with the Coral Reef Task Force and other 
        agencies to address priorities identified by the Coral Reef 
        Task Force.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Coral.--The term ``coral'' means any species of the 
        phylum Cnidaria, including--
                    (A) any species of the order Antipatharia (black 
                corals), Scleractinia (stony corals), Gorgonacea (horny 
                corals), Stolonifera (organpipe corals and others), 
                Alcyanacea (soft corals), or Coenothecalia (blue 
                corals), of the class Anthozoa; and
                    (B) any species of the order Hydrocorallina (fire 
                corals and hydrocorals) of the class Hydrozoa.
            (2) Coral reef.--The term ``coral reef'' means the species 
        (including reef plants and coralline algae), habitats, and 
        other natural resources associated with any reef or shoal 
        composed primarily of corals within all maritime areas and 
        zones subject to the jurisdiction of the United States, 
        including Federal, State, territorial, or commonwealth waters 
        in the south Atlantic, the Caribbean, the Gulf of Mexico, and 
        the Pacific Ocean.
            (3) Coral reef conservation project.--The term ``coral reef 
        conservation project'' means an activity that contributes to or 
        results in preserving, sustaining, or enhancing any coral reef 
        ecosystem as a healthy, diverse, and viable ecosystem, 
        including--
                    (A) any action to enhance or improve resource 
                management of a coral reef, such as assessment, 
                scientific research, protection, restoration and 
                mapping;
                    (B) habitat monitoring and any species survey or 
                monitoring of a species;
                    (C) any activity necessary for planning and 
                development of a strategy for coral reef management;
                    (D) community outreach and education on the 
                importance and conservation of coral reefs; and
                    (E) any activity in support of the enforcement of 
                laws relating to coral reefs.
            (4) Coral reef task force.--The term ``Coral Reef Task 
        Force'' means the task force established under Executive Order 
        No. 13089 (June 11, 1998).
            (5) Foundation.--The term ``foundation'' means a foundation 
        that is a registered nonprofit organization under section 
        501(c) of the Internal Revenue Code of 1986.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Mariana Islands, or any other territory or 
        possession of the United States.

SEC. 4. CORAL REEF RESOURCE CONSERVATION GRANT PROGRAM.

    (a) In General.--The Secretary shall provide grants for coral reef 
conservation projects in accordance with this section.
    (b) Eligibility.--The Secretary may award a grant under this 
section to--
            (1) any appropriate natural resource management authority 
        of a State--
                    (A) that has jurisdiction over coral reefs; or
                    (B) the activities of which affect coral reefs; or
            (2) any educational or nongovernmental institution or 
        organization with demonstrated expertise in marine science or 
        coral reef conservation.
    (c) Matching Requirements.--
            (1) Federal share.--Except as provided in paragraph (3), 
        the Federal share of the cost of a coral reef conservation 
        project that receives a grant under this section shall not 
        exceed 75 percent of the total cost of the project.
            (2) Non-federal share.--The non-Federal share of the cost 
        of a coral reef conservation project that receives a grant 
        under this section may be provided in cash or in kind.
            (3) Waiver.--The Secretary may waive all or part of the 
        matching requirement under paragraph (1) if--
                    (A) the cost of the project is $25,000 or less; or
                    (B) the project is necessary to undertake, 
                complete, or enhance planning and monitoring 
                requirements for coral reef areas under--
                            (i) the National Wildlife Refuge System 
                        Administration Act of 1966 (16 U.S.C. 668dd et 
                        seq.); or
                            (ii) the Act entitled ``An Act to establish 
                        a National Park Service, and for other 
                        purposes'', approved August 25, 1916 (16 U.S.C. 
                        1 et seq.).
    (d) Allocation.--The Secretary shall award grants under this 
section so that--
            (1) not less than 40 percent of the grant funds available 
        are awarded for coral reef conservation projects in the Pacific 
        Ocean;
            (2) not less than 40 percent of the grant funds available 
        are awarded for coral reef conservation projects in the 
        Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; and
            (3) the remaining grant funds are awarded for coral reef 
        conservation projects that address emergency priorities or 
        threats identified by the Secretary, in consultation with the 
        Coral Reef Task Force.
    (e) Annual Funding Priorities.--After consultation with the Coral 
Reef Task Force, States, regional and local entities, and 
nongovernmental organizations involved in coral and marine 
conservation, the Secretary shall identify site-specific and 
comprehensive threats and constraints that--
            (1) are known to affect coral reef ecosystems (including 
        coral reef ecosystems in national wildlife refuges and units of 
        the National Park System); and
            (2) shall be considered in establishing annual funding 
        priorities for grants awarded under this subsection.
    (f) Project Review and Approval.--
            (1) In general.--The Secretary shall review and rank coral 
        reef conservation project proposals according to the criteria 
        described in subsection (g).
            (2) Peer review.--
                    (A) In general.--For projects that have a cost of 
                $25,000 or more, the Secretary shall--
                            (i) provide for merit-based peer review of 
                        the proposal; and
                            (ii) require standardized documentation of 
                        the peer review.
                    (B) Expedited process.--For projects that have a 
                cost of less than $25,000, the Secretary shall provide 
                an expedited peer review process.
                    (C) Individual grants.--As part of the peer review 
                process for individual grants, the Secretary shall 
                request written comments from the appropriate bureaus 
                or departments of the State or other government having 
                jurisdiction over the area where the project is 
                proposed to be conducted.
            (3) List.--At the beginning of each fiscal year, the 
        Secretary shall make available a list describing projects 
        selected during the previous fiscal year for funding under 
        subsection (g).
    (g) Project Approval Criteria.--The Secretary shall evaluate and 
select project proposals for funding based on the degree to which each 
proposed project--
            (1) is consistent with the purposes of this Act; and
            (2) would--
                    (A) promote the long-term protection, conservation, 
                restoration, or enhancement of coral reef ecosystems in 
                or adjoining areas under the jurisdiction of the 
                Department of the Interior;
                    (B) promote cooperative conservation projects with 
                local communities, nongovernmental organizations, 
                educational or private institutions, affected local 
                governments, territories, or insular areas;
                    (C) enhance public knowledge and awareness of coral 
                reef resources and sustainable use through education 
                and outreach;
                    (D) develop sound scientific information on the 
                condition of and threats to coral reef ecosystems 
                through mapping, monitoring, research and analysis; and
                    (E) increase compliance with laws relating to coral 
                reefs.
    (h) Regulations.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 90 days after the date of enactment of this Act, the 
        Secretary shall promulgate regulations to implement this Act.
            (2) Project approval.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall promulgate 
        regulations to implement subsection (f), including requirements 
        for project proposals.
            (3) Consultation.--In developing regulations under this 
        subsection, the Secretary shall identify priorities for coral 
        reef resource protection and conservation in consultation with 
        agencies and organizations involved in coral and marine 
        conservation, including--
                    (A) the Coral Reef Task Force;
                    (B) interested States;
                    (C) regional and local entities; and
                    (D) nongovernmental organizations.
    (i) Administration.--
            (1) Foundation involvement.--
                    (A) Agreements.--The Secretary may enter into an 
                agreement with 1 or more foundations to accept, 
                receive, hold, transfer, solicit, and administer funds 
                received or made available for a grant program under 
                this Act (including funds received in the form of a 
                gift or donation).
                    (B) Funds.--A foundation that enters into an 
                agreement described in subparagraph (A) shall--
                            (i) invest, reinvest, and otherwise 
                        administer funds described in subparagraph (A); 
                        and
                            (ii) maintain the funds and any interest or 
                        revenues earned in a separate interest-bearing 
                        account that is--
                                    (I)(aa) an insured depository 
                                institution, as the term is defined in 
                                section 3 of the Federal Deposit 
                                Insurance Act (12 U.S.C. 1813); or
                                    (bb) an insured credit union, as 
                                the term is defined in section 101 of 
                                the Federal Credit Union Act (12 U.S.C. 
                                1752); and
                                    (II) established by the foundation 
                                solely to support partnerships between 
                                the public and private sectors that 
                                further the purposes of this Act.
            (2) Review of performance.--
                    (A) In general.--Beginning in fiscal year 2000, and 
                biennially thereafter, the Secretary shall conduct a 
                review of each grant program administered by a 
                foundation under this subsection.
                    (B) Assessment.--Each review under subparagraph (A) 
                shall include a written assessment describing the 
                extent to which the foundation has implemented the 
                goals and requirements of this section.
    (j) Transfers.--
            (1) In general.--Under an agreement entered into under 
        subsection (i)(1)(A), the Secretary may transfer funds 
        appropriated under section 5(b) to a foundation.
            (2) Use of transferred funds.--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. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $20,000,000 for each of fiscal years 2000 through 2004, to 
remain available until expended.
    (b) Limitation on Administrative Funds.--Not more than 6 percent of 
the amounts appropriated under this section may be used for program 
management and administration under this Act.
                                 <all>