[Congressional Record Volume 145, Number 88 (Monday, June 21, 1999)]
[Senate]
[Pages S7332-S7334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Akaka, Mr. Hollings, Mr. Kerry, 
        and Mr. Breaux, and Mrs. Boxer):
  S. 1253. A bill to authorize the Secretary of Commerce, through the 
National Oceanic and Atmospheric Administration, to provide financial 
assistance for coral reef conservation projects, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


                   coral reef protection act of 1999

  Mr. INOUYE. Mr. President, I rise today to introduce the Coral Reef 
Protection Act of 1999.
  This legislation will provide one hundred million dollars over a 
period of five years to preserve, sustain and restore the health of 
U.S. coral reef ecosystems; assist in the conservation and protection 
of coral reefs by supporting conservation programs; and provide 
financial resources for those programs. Additionally, this legislation 
will leverage the federal dollars appropriated for these purposes by 
establishing a formal mechanism for collecting and allocating matching 
monetary donations from the private sector to be used for coral reef 
conservation projects.
  The United States has substantial coral reef holdings in both the 
Atlantic and Pacific Oceans totaling more than 6,500 square miles. More 
than 83% of these reefs lie among the islands of Hawaii and another 10% 
of them live among the other American islands in the Pacific including 
American Samoa, Johnston Island, Palmyra Atoll, and the Northern 
Mariana Islands. Hawaii, alone, is home to 47 different species of 
coral. These coral reefs provide numerous recreational opportunities, 
are linked ecologically to adjacent coastal ecosystems such as 
mangroves and sea grasses, support substantial biodiversity, and 
protect shorelines from wave damage. They also support major economic 
activities, such as tourism and fishing, in coastal communities that 
generate billions of dollars annually. Despite this importance to both 
the environment and the American economy, little is currently known 
about the condition of coral reefs in the United States. Two points, 
however, are clear: coral reefs are threatened whenever they are close 
to large concentrations of people, and coral reefs are in decline.
  This legislation will provide funding for research, conservation and 
restoration of these extremely important resources and will complement 
the efforts of the President's Coral Reef Task Force which was 
established by Executive Order last year. I ask that the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1253

       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 Protection Act of 
     1999''.

     SEC. 2. 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 esthetic 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. 3. 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. 4. PURPOSES.

       The purposes of this Act 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. 5. DEFINITIONS.

       In this Act:
       (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

[[Page S7333]]

     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. 6. 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 Act.
       (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 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 Act.
       (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. 7. 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 
     supplement and be consistent with the programs, policies, and 
     statutes of affected States and territories, the National 
     Marine Sanctuaries

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     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 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. 8. 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 5 or 6 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. 9. 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. 10. 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 Act.
       (c) Authorization to Solicit Donations.--Consistent with 
     section 3703 of title 16, United States Code, 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 Act. 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 11(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. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $20,000,000 for each of 
     fiscal years 2000, 2001, 2002, 2003, and 2004 to carry out 
     this Act, 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 6(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 7.
       (3) administration.--Not more than 1 percent of the amounts 
     appropriated under paragraph 1 may be used by the Secretary 
     for administration of this Act.
                                 ______