[Congressional Record Volume 145, Number 157 (Tuesday, November 9, 1999)]
[Senate]
[Pages S14410-S14413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Inouye, and Mr. Graham):
  S. 1888. 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; to the Committee 
on Energy and Natural Resources.


          Carol Reef Resource Conservation and Management Act

  Mr. AKAKA. Mr. President, I rise to introduce a bill that will 
enhance our ability to understand and conserve

[[Page S14411]]

coral reef ecosystems and the ocean life that depends on them.
  In the past few years, Congress and the administration have 
recognized the importance of coral reefs to ocean ecologies and grown 
increasingly concerned about the challenges facing our reefs. 1997 was 
recognized as ``Year of the Reef,'' and the House passed House 
Concurrent Resolution 8 which recognized the significance of 
maintaining the health and stability of coral reef ecosystems by 
promoting stewardship for reefs. In 1998 the President signed Executive 
Order 13089 establishing the U.S. Coral Reef Task Force under joint 
leadership of the Department of Commerce and Department of the 
Interior. The Executive order directs federal agencies to take steps to 
protect, manage, research and restore coral ecosystems. The bill I am 
introducing today supplements these actions by establishing a targeted 
national program for coral reef research, monitoring, and conservation 
for areas under the jurisdiction of the Department of the Interior. It 
is a companion measure to S. 1253, introduced earlier this year by 
Senator Inouye, that authorizes a coral reef program through the 
Department of Commerce.
  Mr. President, the importance of reefs to our economy, culture, and 
to the stability of our shorelines is becoming increasingly apparent as 
we begin to understand more about the interdependence of reefs and 
human activity. Substantial research shows that reefs are under greater 
stress than ever before, both from natural causes and human-induced 
damage. We need to act now before the decline of reefs becomes 
irreversible.
  This measure authorizes coral reef research and conservation efforts 
through the Department of the Interior. The Department manages over 
2,000 acres of sensitive coral reef habitat and adjacent submerged land 
at 20 national wildlife refuges and 9 units of the National Park System 
in Hawaii, Florida, the U.S. Virgin Islands, and the territories of 
Guam and American Samoa in the Pacific. Of the 4.2 million acres of 
reefs in the United States, few have been mapped, assessed, or 
characterized. There is still much to learn about the location and 
biology of coral reefs, their susceptibility to disease, and how they 
can be restored and sustained.
  This measure establishes a coral reef conservation matching grant 
program that will leverage federal monies with non-federal funds raised 
through a non-profit foundation. This initiative is consistent with the 
efforts of the President's Coral Reef Task Force established by 
Executive Order No. 13089, and with the activities of other agencies, 
such as the National Oceanic and Atmospheric Administration, that are 
involved in coral reef research, monitoring, restoration and 
conservation.
  Under my legislation, the Secretary of the Interior is authorized to 
provide grants for coral reef conservation projects in areas under the 
Department's jurisdiction, through a merit-based, competitive program. 
Grants will be awarded on a 75 per cent federal and 25 per cent non-
federal basis. The Secretary may also enter into an agreement with one 
or more foundations to solicit private funds dedicated to coral 
conservation programs. Up to 80 percent of the funding will be 
distributed equally between the Atlantic/Caribbean and the Pacific 
Ocean, and 20 percent of the funding can be used for emerging 
priorities or threats identified by the Secretary in consultation with 
the Coral Reef Task Force. Grants may be made to any relevant natural 
resource management authority of a State or territory of the United 
States, to other government authorities with jurisdiction over coral 
reefs as well as to educational or non-governmental institutions or 
organizations with demonstrated expertise in coral reef conservation. 
Priority will be given to projects that promote reef conservation 
through cooperative projects with local communities; that involve non-
governmental organizations, academic or private institutions or local 
affected governments; that enhance public knowledge and awareness of 
coral reef resources; and that promise sound scientific information on 
the extent, nature and condition of reef ecosystems.

  Most importantly, this legislation encourages community-based 
conservation efforts that involve local communities, nongovernmental 
organizations, and academic institutions in the protection of reefs. It 
brings people and communities together to participate in, and learn 
more about, the conservation of ocean resources--coral reefs and the 
many species that depend on reef ecosystems. Only by making ordinary 
people responsible for reef conservation, can we alter the types of 
human activity and behavior that are responsible for the adverse 
impacts on coral reefs that we glimpse today.
  Mr. President, the people of Hawaii, our Nation's only insular state, 
are perhaps more aware of the subtle and interdependent relationship we 
have with coral reefs.
  But all citizens should appreciate that the health of coral reefs is 
emblematic of the health of our oceans--upon which we depend for so 
many resources, from clean water to food to pharmaceuticals. Coral 
reefs are the rain forests of the ocean--a wild, beautiful, complex 
bountiful resource whose importance to life on earth, much less 
ourselves, is only beginning to be understood. But the harsh reality is 
that we are going to lose our reefs if we do not act soon, before we 
fully understand their role in the great web of marine life.
  There are simply more people on the globe, in more places in the 
ocean, than ever before. Boats, anchors, snorkelers and divers are 
entering the water in increasing numbers. We are removing things from 
the water at an increasing rate--exotic salt water fish for home 
aquariums and pieces of coral for houses and home decor. The amount of 
sediment and pollution runoff onto coral reefs increases with every 
major shoreline development. It is vital that we start now, to research 
and preserve our reefs, before human impacts cause irreversible damages 
to a resource whose essential role in nature is only just beginning to 
be understood.
  Thank you, Mr. President. I urge my colleagues to support this 
legislation, which represents a critical step in helping us understand 
and live sustainably with coral reef ecosystems.
  I ask unanimous consent 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. 1888

       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--

[[Page S14412]]

       (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.

[[Page S14413]]

       (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.
                                 ______