[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1390 Reported in Senate (RS)]


                                                       Calendar No. 294
109th CONGRESS
  1st Session
                                S. 1390

                          [Report No. 109-182]

 To reauthorize the Coral Reef Conservation Act of 2000, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2005

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

                           November 17, 2005

                Reported by Mr. Stevens, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Coral Reef Conservation Act of 2000, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coral Reef Conservation Amendments 
Act of 2005''.

SEC. 2. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.

    (a) Project Diversity.--Section 204(d) of the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended--
            (1) by striking ``Geographic and Biological'' in the 
        heading and inserting ``Project''; and
            <DELETED>(2) by striking ``40 percent'' in paragraph (2) 
        and inserting ``30 percent''; and
        </DELETED>    (3) </DELETED>(2) 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);
        <DELETED>    (2) by redesignating paragraph (10) as paragraph 
        (12); and</DELETED>
            (2) by striking paragraph (10); and
            (3) by inserting after paragraph (9) the following:
            ``(10) promoting activities designed to minimize the 
        likelihood of vessel impacts on coral reefs, particularly those 
        activities described in section 210(b), including the promotion 
        of ecologically sound navigation and anchorages near coral 
        reefs; or
            ``(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 <DELETED>systems; or''. </DELETED>systems.''.

SEC. 3. EMERGENCY RESPONSE.

    Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
<DELETED>6404 </DELETED>6405) is amended to read as follows:

``SEC. 206. EMERGENCY RESPONSE ACTIONS.

    ``(a) In General.--The Administrator may undertake or authorize 
action 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 Federal Agencies.--When possible, 
action by the Administrator under this section should--
            ``(1) be conducted in partnership with other Federal 
        agencies, including the United States Coast Guard, the Federal 
        Emergency Management Agency, the U.S. Army Corps of Engineers, 
        and the Department of the Interior; and
            ``(2) leverage resources of such other agencies, including 
        funding or assistance authorized under other Federal laws, such 
        as the Oil Pollution Act of 1990, the Comprehensive 
        Environmental Response, Compensation, and Liability Act, and 
        the Federal Water Pollution Control Act.''.

SEC. 4. NATIONAL PROGRAM.

    Section 207(b) of the Coral Reef Conservation Act of 2000 (16 
U.S.C. 6406) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (3);
            (2) by striking ``partners.'' in paragraph (4) and 
        inserting ``partners; and''; and
            (3) by adding at the end the following:
            ``(5) activities designed to minimize the likelihood of 
        vessel impacts or other physical damage to coral reefs, 
        including those activities <DELETED>described 
        </DELETED>identified in section 210(b).''.

SEC. 5. REPORT TO CONGRESS.

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

``SEC. 208. REPORT TO CONGRESS.

    ``Not later than March 1, 2007, and every 3 years thereafter, the 
Administrator 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 Interior, Department of Agriculture, the 
        Environmental Protection Agency, and the United States Army 
        Corps of Engineers;
            ``(3) a summary of the information contained in the vessel 
        grounding inventory established under section 210, including 
        additional authorization or funding, needed for response and 
        removal of such vessels;''
            ``(4) 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
            ``(5) an assessment of the condition of United States coral 
        reefs, accomplishments under this Act, and the effectiveness of 
        management actions to address threats to coral reefs.''.
    (b) Clerical Amendment.--The table of contents for the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by 
striking the item relating to section 208 and inserting the following:

``208. Report to Congress.''.

SEC. 6. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION.

    (a) In General.--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 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:

``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

    ``(a) In General.--The Administrator may make grants to entities 
who have received grants under section 204(c) to provide additional 
funds to such entities 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 <DELETED>the best scientific information available 
</DELETED>scientific experts 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; and
            ``(5) build upon local approaches or models, including 
        traditional or island-based resource management concepts.
    ``(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, `<DELETED>25 percent </DELETED>75 percent' shall be 
substituted for `50 percent'.

``SEC. 210. VESSEL GROUNDING INVENTORY.

    ``(a) In General.--The Administrator may maintain an inventory of 
all vessel grounding incidents involving coral reef resources, 
including a description of--
            ``(1) the impacts to such resources;
            ``(2) vessel and ownership information, if available;
            ``(3) the estimated cost of removal, mitigation, or 
        restoration;
            ``(4) the response action taken by the owner, the 
        Administrator, the Commandant of the Coast Guard, or other 
        Federal or State agency representatives;
            ``(5) the status of the response action, including the 
        dates of vessel removal and mitigation or restoration and any 
        actions taken to prevent future grounding incidents; and
            ``(6) recommendations for additional navigational aids or 
        other mechanisms for preventing future grounding incidents.
    ``(b) Identification of At-Risk Reefs.--The Administrator may--
            ``(1) use information from any inventory maintained under 
        subsection (a) or any other available information source to 
        identify coral reef areas outside designated National Marine 
        Sanctuaries that have a high incidence of vessel impacts, 
        including groundings and anchor damage; and
            ``(2) identify appropriate measures, including action by 
        other agencies, to reduce the likelihood of such impacts.

``SEC. 211. REGIONAL COORDINATION.

    ``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) Clerical Amendment.--The table of contents for the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended--
            (1) by redesignating the items relating to sections 208 
        through 211 as relating to sections 211 through 214; and
            (2) by inserting the following after the item relating to 
        section 207:

``209. Community-based planning grants.
``210. Vessel grounding inventory.
``211. Regional coordination.''.

SEC. 7. 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 striking ``$16,000,000 for each of fiscal years 
        2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
        ``$30,000,000 for fiscal year 2006, $32,000,000 for fiscal year 
        2007, $34,000,000 for fiscal year 2008, and $35,000,000 for 
        each of fiscal years 2009 through 2012, of which no less than 
        30 percent per year (for each of fiscal years 2006 through 
        2012) shall be used for the grant program under section 204 and 
        up to 10 percent per year shall be used for the Fund 
        established under section 205,'';
            (2) by striking ``$1,000,000'' in subsection (b) and 
        inserting ``$2,000,000''; and
            (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 2007 through 2012, such sum to remain 
available until expended.''; and
            (4) by striking subsection (d).
                                                       Calendar No. 294

109th CONGRESS

  1st Session

                                S. 1390

                          [Report No. 109-182]

_______________________________________________________________________

                                 A BILL

 To reauthorize the Coral Reef Conservation Act of 2000, and for other 
                               purposes.

_______________________________________________________________________

                           November 17, 2005

                        Reported with amendments