[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3453-S3455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. McCain):
  S. 725. A bill to preserve and protect coral reefs, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


                THE CORAL REEF CONSERVATION ACT OF 1999

  Ms. SNOWE. Mr. President, I rise today to introduce the Coral Reef 
Conservation Act of 1999. I am pleased that Senator McCain, Chairman of 
the Commerce, Science, and Transportation Committee, is joining me as a 
cosponsor in this effort to protect, sustain, and restore the health of 
coral reef ecosystems.
  Coral reefs are among the world's most biologically diverse and 
productive ecosystems. Reefs serve as essential habitat for many marine 
organisms, enhancing commercial fisheries and stimulating tourism. They 
provide protection to coastal areas from storm surges and erosion, and 
offer many untold potential benefits such as new pharmaceuticals, some 
of which are presently being identified, developed, and tested. 
Unfortunately, coral reef ecosystems are in decline.
  In 1998, coral reefs around the world appear to have suffered the 
most extensive and severe bleaching damage and subsequent mortality in 
modern times. Reefs in at least 60 countries were affected, and in some 
areas, more than 70 percent of the corals died off. These impacts have 
been attributed to the warmest ocean temperatures in 600 years. In 
addition to these impacts, however, it is estimated that 58 percent of 
the world's reefs are threatened by human activity such as 
inappropriate coastal development, destructive fishing practices, and 
other forms of overexploitation.
  As a result of these stressors, coral reef habitat has been damaged 
and destroyed. Diseases of coral and reef-based organisms are expanding 
rapidly. Most of the diseases being tracked have only recently been 
discovered and are not widely understood. These serious problems 
highlight the need for more research to unravel the complex interactive 
effects between natural and human-induced stressors on coral reefs, and 
for more conservation and management activities.
  The United States is not immune to these problems. Large coral reef 
systems exist in Florida, Hawaii, Texas, and various U.S. territories 
in the Caribbean and the Pacific. These reefs produce significant 
economic benefits for surrounding communities. In Florida, for example, 
the reefs contribute approximately 1.6 billion dollars annually to the 
state economy. But despite these clear benefits, U.S. reefs suffer from 
some of the same problems that affect reefs in other parts of the 
world.
  Mr. President, this bill authorizes $3,800,000 in each of fiscal 
years 2000, 2001, and 2002 for a Coral Reef Conservation Program in the 
National Oceanic and Atmospheric Administration to provide conservation 
and research grants to states, U.S. territories, and qualified non-
governmental institutions. Eligible conservation projects will focus on 
the promotion of sustainable development and work to ensure the 
effective, long-term conservation of coral reefs. Potential research 
projects will address use conflicts and develop sound scientific 
information on the condition of and threats to coral reef ecosystems.
  The bill also authorizes NOAA to enter into an agreement with a 
qualified non-governmental organization to create a trust fund that 
will match private contributions to federal contributions and provide 
additional funding for worthy conservation and research projects. 
Through this mechanism, federal dollars can be used to leverage more 
dollars from the private sector for grants.
  In addition, this bill authorizes $200,000 for each of fiscal years 
2000, 2001, and 2002 for emergency assistance, which would be be 
provided through grants to address unforeseen or disaster-related 
problems pertaining to coral reefs.
  Based on early reports, the repercussions of the 1998 mass bleaching 
and mortality events will be far-reaching in time and economic impact. 
This development, along with the continuing pressures from other 
sources, demonstrates the need for an increase in the effort to protect 
our coral reefs. The legislation I am introducing today provides a 
reasonable, cooperative vehicle to address these concerns.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 725

       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 Act 
     of 1999''.

     SEC. 2. PURPOSES.

       The purposes of this title 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. 3. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Coral.--The term ``coral'' means species of the phylum 
     Cnidaria, including--
       (A) all species of the orders Antipatharia (black corals), 
     Scleractinia (stony corals), Gorgonacea (horny corals), 
     Stolonifera (organpipe corals and others), Alcyanacea (soft 
     corals), and Coenothecalia (blue coral), of the class 
     Anthozoa; and
       (B) all species of the order Hydrocorallina (fire corals 
     and hydrocorals), of the class Hydrozoa.
       (3) Coral reef.--The term ``coral reef'' means those 
     species (including reef plants), habitats, and other natural 
     resources associated with any reefs or shoals composed 
     primarily of corals 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.
       (4) Corals and coral products.--The term ``corals and coral 
     products'' means any living or dead specimens, parts, or 
     derivatives, or any product containing specimens, parts, or 
     derivatives, of any species referred to in paragraph (2).
       (5) Conservation.--The term ``conservation'' means the use 
     of methods and procedures necessary to preserve or sustain 
     corals and species associated with coral reefs as diverse, 
     viable, and self-perpetuating coral reefs, including all 
     activities associated with resource management, such as 
     assessment, conservation, protection, restoration, 
     sustainable use, and management of habitat; habitat 
     monitoring; 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.); law 
     enforcement; conflict resolution initiatives; and community 
     outreach and education.
       (6) Organization.--The term ``organization'' means any 
     qualified non-profit organization that promotes coral reef 
     conservation.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 4. CORAL REEF CONSERVATION PROGRAM.

       (a) Grants.--The Secretary, through the Administrator and 
     subject to the availability of funds, shall provide grants of 
     financial assistance for projects for the conservation of 
     coral reefs, hereafter called coral conservation projects, 
     for proposals approved by the Administrator in accordance 
     with this section.

[[Page S3454]]

       (b) Matching Requirements.--
       (1) Except as provided in paragraph (2), Federal funds for 
     any coral conservation project under this section may not 
     exceed 50 percent of the total cost of such project. For 
     purposes of this paragraph, the non-Federal share of project 
     costs may be provided by in-kind contributions and other 
     noncash support.
       (2) The Administrator may waive all or part of the matching 
     requirement under paragraph (1) if--
       (A) the project costs are $25,000 or less; or
       (B) the Administrator determines that no reasonable means 
     are available through which applicant can meet the matching 
     requirement and the probable benefit of such project 
     outweighs the public interest in such matching requirement.
       (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 educational or non-governmental institutions with 
     demonstrated expertise in the conservation of coral reefs, 
     may submit to the Administrator a coral conservation proposal 
     submitted under subsection (e) of this section.
       (d) Geographic and Biological Diversity.--The Administrator 
     shall ensure that funding for grants awarded under subsection 
     (b) of this section during a fiscal year are distributed in 
     the following manner--
       (1) no less than 40 percent of funds available shall be 
     awarded for coral conservation projects in the Pacific Ocean;
       (2) no less than 40 percent of the funds available shall be 
     awarded for coral conservation projects in the Atlantic 
     Ocean, Gulf of Mexico, and the Caribbean Sea; and
       (3) remaining funds shall be awarded for projects that 
     address emerging priorities or threats, including 
     international priorities or threats, identified by the 
     Administrator in consultation with the Coral Reef Task Force 
     under subsection (i).
       (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 Administrator considers to be 
     necessary for evaluating the eligibility of the project for 
     funding under this title.
       (f) Project Review and Approval.--
       (1) In general.--The Administrator shall review each final 
     coral 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 Administrator shall--
       (A) request written comments on the proposal from each 
     State or territorial agency of the United States or other 
     government jurisdiction, 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 more than $25,000, provide for the 
     regional, merit-based peer review of the proposal and require 
     standardized documentation of that peer review;
       (C) after considering any written comments and 
     recommendations based on the reviews under subparagraphs (A) 
     and (B), approve or disapprove the proposal; and
       (D) 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 Administrator may approve a 
     final project proposal under this section based on the extent 
     that the project will enhance the conservation of coral reefs 
     by--
       (1) implementing coral conservation programs which promote 
     sustainable development and ensure effective, long-term 
     conservation of coral reef;
       (2) addressing the conflicts arising from the use of 
     environments near coral reefs or from the use of corals, 
     species associated with coral reefs, and coral products;
       (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) Project Reporting.--Each grantee under this section 
     shall provide periodic reports, as specified by the 
     Administrator. Each report shall include all information 
     required by the Secretary for evaluating the progress and 
     success of the project.
       (i) Coral Reef Task Force.--The Administrator may consult 
     with the Coral Reef Task Force established under Executive 
     Order 13089 (June 11, 1998), to obtain guidance in 
     establishing coral conservation project priorities under this 
     section.
       (j) Implementation Guidelines.--Within 90 days after the 
     date of enactment of this Act, the Administrator shall 
     promulgate necessary guidelines for implementing this 
     section. In developing those guidelines, the Administrator 
     shall consult with regional and local entities involved in 
     setting priorities for conservation of coral reefs.

     SEC. 5. CORAL REEF CONSERVATION FUND.

       (a) Fund.--The Administrator may enter into an agreement 
     with an organization authorizing such organization to 
     receive, hold and administer funds received pursuant to this 
     section. The organization 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 such organization solely to support 
     partnerships between the public and private sectors that 
     further the purposes of this title.
       (b) Authorization to Solicit Donations.--Consistent with 16 
     U.S.C. 3703, and pursuant to the agreement entered into under 
     subsection (a) of this section, an organization may accept, 
     receive, solicit, hold administer and use any gift or 
     donation to further the purposes of this title. Such funds 
     shall be deposited and maintained in the Fund established by 
     an organization under subsection (a) of this section.
       (c) Review of Performance.--The Administrator shall conduct 
     a continuing review of the grant program administered by an 
     organization under this section. Each review shall include a 
     written assessment concerning the extent to which that 
     organization has implemented the goals and requirements of 
     this section.
       (d) Administration.--Under the agreement entered into 
     pursuant to subsection (a) of this section, the Administrator 
     may transfer funds appropriated to carry out this Act to an 
     organization. Amounts received by an organization under this 
     subsection may be used for matching, in whole or in part, 
     contributions (whether in currency, services, or property) 
     made to the organization by private persons and State and 
     local government agencies.

     SEC. 6. EMERGENCY ASSISTANCE.

       The Administrator may make grants to any State, local or 
     territorial government agency with jurisdiction over coral 
     reefs for emergencies to address unforeseen or disaster 
     related circumstance pertaining to coral reefs or coral reef 
     ecosystems.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) There are authorized to be appropriated to the 
     Secretary $3,800,000 for each of fiscal years 2000, 2001, and 
     2002 for grants under section 4, which may remain available 
     until expended.
       (2) There are authorized to be appropriated to the 
     Secretary $200,000 for each of fiscal years 2000, 2001, and 
     2002 for emergency assistance under section 6.
       (b) Use of Amounts Appropriated.--Not more than 5 percent 
     of the amounts appropriated under subsection (a) may be used 
     by the Secretary, through the Administrator, for 
     administration of this title.
       (c) Limitation.--Only amounts appropriated to implement 
     this title are subject to its requirements.

 Mr. McCAIN. Mr. President, I rise today in support of the 
Coral Reef Conservation Act of 1999. The bill that I have sponsored, 
along with Senator Snowe, the Chair of the Commerce Committee's 
Subcommittee on Oceans and Fisheries, represents strong and balanced 
environmental policy. I wish to thank Senator Snowe for her leadership 
in this area. This bill is a positive step forward to improve the 
conditions of our coral reefs and the many types of life that live in 
and among these reefs.
  The bill is designed to build partnerships with local and State 
entities to facilitate coral reef conservation. It creates a 
competitive matching-grant program which would provide funding for 
local and State governments and qualified non-profit organizations 
which have experience in coral reef monitoring, research, conservation, 
and public education projects. The bill requires that federal funds 
provide no more than 50 percent of the cost of the project. However, it 
also helps local communities that do not have the ability to raise 
sufficient matching funds. Therefore, the matching requirement may be 
waived for qualified proposals under $25,000.

[[Page S3455]]

  Under the bill that Senator Snowe and I have introduced today, the 
matching-grant program will maximize funding for important coral reef 
conservation projects. Our coral reefs are certainly in need of this 
type of funding. Indeed, coral reefs are the foundation of one of the 
Earth's most productive and diverse ecosystems, providing food and 
shelter for at least one million different types of animals, plants and 
other sea life. Coastal communities realize the benefit of coral reefs 
through enhanced fisheries, coastal protection, tourism, and the 
development of medicines used to fight cancer and produce antibiotics 
and pain relievers. Unfortunately, in 1998, coral reefs suffered some 
of the most extensive damage ever recorded. What caused so much damage? 
There are no certain answers. Record-breaking ocean temperatures and a 
severe El Nino event are the most likely culprits. What we do know is 
that these global events triggered massive die-offs of coral reefs 
through a process known as coral ``bleaching''. In essence, bleaching 
occurs when coral reefs are exposed to environmental stress, including 
elevated sea temperatures. This results in the loss of an essential 
food source, so the coral--a living creature--may starve to death. This 
coral reef bleaching makes the identification of the most injured reefs 
fairly obvious. The difficult task then becomes what can be done to 
prevent such a loss in the future and what, if anything, can be done to 
revive already damaged reefs?
  I think this bill is a very good starting point. With this 
legislation, Senator Snowe and I will put in place a way to provide 
responsible and effective funding for coral reef conservation, 
monitoring, research, and public education. One half of our country's 
population lives and works in a coastal community. This bill is good 
for the environment and good for the many Americans who depend on the 
ocean for their livelihoods. I urge my colleagues to support this 
bill.
                                 ______