109 HR 5622 RH: Coral Reef Conservation Legacy Act U.S. House of Representatives 2006-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 396 109th CONGRESS 2d Session H. R. 5622 [Report No. 109–665] IN THE HOUSE OF REPRESENTATIVES June 15, 2006 Mr. Pombo introduced the following bill; which was referred to the Committee on Resources September 19, 2006 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on June 15, 2006 A BILL To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.

1.

Short title

This Act may be cited as the Coral Reef Conservation Legacy Act of 2006.

2.

Expansion of coral reef conservation grants program

(a)

Project diversity

Section 204(d) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended by striking paragraph (3) and inserting the following: (3)Remaining funds shall be awarded for— (A)projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the Coral Reef Task Force; and (B)other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support. . (b)

Approval criteria

Section 204(g) of that Act (16 U.S.C. 6403(g)) is amended— (1)by striking or after the semicolon in paragraph (9); (2)by redesignating paragraph (10) as paragraph (12); and (3)by inserting after paragraph (9) the following: (10)activities designed to minimize the likelihood of damage to coral reefs, including the use of devices to minimize human impacts on coral reefs; (11)promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems; or .

3.

Emergency response actions

Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) is amended to read as follows:

206.

Emergency response actions

(a)

In general

The Administrator and the Secretary of the Interior may each undertake or authorize action within areas under their administrative jurisdiction as necessary to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral reef ecosystems from vessel impacts or other physical damage to coral reefs, including damage from unforeseen or disaster-related circumstances. (b)

Actions authorized

Action authorized by subsection (a) includes vessel removal and emergency restabilization of the vessel and any impacted coral reef. (c)

Partnering with other agencies

When possible, actions under this section should— (1)be conducted in partnership with other government agencies, including— (A)the Coast Guard, the Federal Emergency Management Agency, and the Corps of Engineers; and (B)agencies of States and territories of the United States; and (2)leverage resources of such other agencies, including funding or assistance authorized under other Federal laws.

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4.

Report to Congress

Section 208 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6407) is amended to read as follows:

208.

Reports to Congress

(a)

Implementation of strategy

Not later than October 1, 2007, and every 3 years thereafter, the Administrator, in consultation with the United States Coral Reef Task Force, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including— (1)a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each of the 3 fiscal years next preceding the fiscal year in which the report is submitted; (2)a description of Federal interagency and cooperative efforts with States and United States territories to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs, including projects undertaken with the Department of the Interior, Department of Agriculture, the Environmental Protection Agency, and the Army Corps of Engineers; (3)a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; and (4)an assessment of accomplishments under this Act and the effectiveness of management actions to address threats to coral reefs. (b)

Condition of coral reefs

Not later than October 1, 2008, and every 3 years thereafter, the Administrator, in consultation with the United States Coral Reef Task Force, shall submit to the Committees referred to in subsection (a) an assessment of the condition of United States coral reefs.

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5.

Fund; grants; coordination; Task Force

The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended— (1)by striking “organization solely” and all that follows in section 205(a) (16 U.S.C. 6404(a)) and inserting “organization— (1)to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; and (2)to address emergency response actions under section 206. ; (2)by adding at the end of section 205(b) (16 U.S.C. 6404(b)) the following: The organization is encouraged to solicit funding and in-kind services from the private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including activities described in section 210(b)(2).; (3)by striking the grant program in section 205(c) (16 U.S.C. 6404(c)) and inserting any grant program or emergency response action; (4)by redesignating sections 209 and 210 as sections 212 and 213, respectively; and (5)by inserting after section 208 the following:

209.

Community-based planning grants

(a)

In general

The Administrator may make a grant to any person that may submit a coral conservation proposal under section 204(e) to provide additional funds to such person to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and the best scientific information available as high priorities for focused attention. The plans shall— (1)support attainment of 1 or more of the criteria described in section 204(g); (2)be developed at the community level; (3)utilize watershed-based approaches; (4)provide for coordination with Federal and State experts and managers; (5)build upon local approaches or models, including traditional or island-based resource management concepts; and (6)compliment local action strategies or other regional plans for coral reef conservation. (b)

Terms and conditions

The provisions of subsections (b), (d), (f), and (h) of section 204 apply to grants under subsection (a), except that, for the purpose of applying section 204(b)(1) to grants under this section, 75 percent shall be substituted for 50 percent.

210.

Regional coordination

(a)

In general

The Administrator shall work in coordination and collaboration with other Federal agencies, States, and United States territorial governments to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting. (b)

Multiyear cooperative agreements

The Administrator may enter into multiyear cooperative agreements with other Federal agencies, States and local governments, academic institutions, and nongovernmental organizations to carry out the activities of the national coral reef action strategy.

211.

United States Coral Reef Task Force

(a)

Establishment

There is hereby established the United States Coral Reef Task Force. (b)

Goal

The goal of the Task Force shall be to lead, coordinate, and strengthen Federal Government actions to better preserve and protect coral reef ecosystems. (c)

Duties

The duties of the Task Force shall be— (1)to coordinate, in cooperation with State, territory, commonwealth, and local government partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration of coral reefs and coral reef ecosystems; (2)work with the Secretary of State and the Administrator of the Agency for International Development, and in coordination with the other members of the Task Force, to— (A)assess the United States role in international trade and protection of coral reef species; and (B)implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide. (d)

Membership, generally

The Task Force shall be comprised of— (1)the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force; (2)the Administrator of the Agency of International Development; (3)the Secretary of Agriculture; (4)the Secretary of Defense; (5)the Secretary of the Army, acting through the Corps of Engineers; (6)the Secretary of Homeland Security; (7)the Attorney General; (8)the Secretary of State; (9)the Secretary of Transportation; (10)the Administrator of the Environmental Protection Agency; (11)the Administrator of the National Aeronautics and Space Administration; (12)the Director of the National Science Foundation; (13)the Governor, or a representative of the Governor, of the Commonwealth of the Northern Mariana Islands; (14)the Governor, or a representative of the Governor, of the Commonwealth of Puerto Rico; (15)the Governor, or a representative of the Governor, of the State of Florida; (16)the Governor, or a representative of the Governor, of the State of Hawaii; (17)the Governor, or a representative of the Governor, of the Territory of Guam; (18)the Governor, or a representative of the Governor, of the Territory of American Samoa; and (19)the Governor, or a representative of the Governor, of the Virgin Islands. (e)

Non-voting members

The President, or a representative of the President, of each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a non-voting member of the Task Force. (f)

Working groups

(1)

In general

The co-chairs of the Task Force may establish working groups as necessary to meet the goals and duties of this Act. The Task Force may request the co-chairs to establish such a working group. (2)

Participation by nongovernmental organizations

The co-chairs may allow a nongovernmental organization to participate in such a working group. (g)

FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

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6.

Authorization of appropriations

Section 212 of the Coral Reef Conservation Act of 2000 (formerly 16 U.S.C. 6408), as redesignated by section 6, is amended— (1)by amending subsection (a) to read as follows: (a)

In general

(1)

Authorization

There are authorized to be appropriated to carry out this title— (A)to the Secretary of Commerce, $30,000,000 for fiscal year 2008, $32,000,000 for fiscal year 2009, and $34,000,000 for fiscal year 2010; and (B)to the Secretary of the Interior, $10,000,000 for each of fiscal years 2008 through 2010. (2)

Allocation

Of the amount authorized by this subsection for each of fiscal years 2008 through 2010— (A)no less than 30 percent shall be used for the grant program under section 204; (B)up to 10 percent shall be used for the Fund established under section 205; (C)$500,000 may be used by the Secretary of the Interior to support operations of the United States Coral Reef Task Force; and (D)$250,000 may be used by the Secretary of Commerce to support such operations. ; (2)by striking $1,000,000 in subsection (b) and inserting $2,000,000; (3)by striking subsection (c) and inserting the following: (c)

Community-Based planning grants

There is authorized to be appropriated to the Administrator to carry out section 209 the sum of $8,000,000 for fiscal years 2008 through 2010, such sum to remain available until expended. ; and (4)by striking subsection (d).

7.

Funding for marine science laboratory, coral reef research, and coastal ecology and development

(a)

American Samoa Community College

There is authorized to be appropriated $1,000,000 to the University of Hawaii Sea Grant College program to administer a marine science laboratory for coral reef research and protection, and coastal ecology and development, at the American Samoa Community College. (b)

University of Guam

There is authorized to be appropriated $1,000,000 to the University of Guam for coral reef research and protection at the University of Guam Marine Laboratory.

September 19, 2006 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed