[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Senate]
[Pages 28536-28538]
[From the U.S. Government Publishing Office, www.gpo.gov]




             CORAL REEF CONSERVATION AMENDMENTS ACT OF 2005

  Mr. McCONNELL. I ask unanimous consent the Senate proceed to the 
immediate consideration of Calendar No. 294, S. 1390.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1390) to reauthorize the Coral Reef Conservation 
     Act of 2000, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments.
  (Strike the parts shown in black brackets and insert the parts shown 
in italic.)

                                S. 1390

       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
       [(2) by striking ``40 percent'' in paragraph (2) and 
     inserting ``30 percent''; and
       (3)] (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);
       [(2) by redesignating paragraph (10) as paragraph (12); 
     and]
       (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 [systems; or''.] systems.''.

     SEC. 3. EMERGENCY RESPONSE.

       Section 206 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. [6404] 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 [described] 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--

[[Page 28537]]

       ``(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 [the best scientific information available] 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, `[25 percent] 
     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).

  Mr. McCONNELL. Mr. President, I ask unanimous consent the amendments 
at the desk be agreed to, the committee-reported amendments, as 
amended, if amended, be agreed to, the bill, as amended, be read the 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 2677 and 2678) were agreed to, as follows:


                           AMENDMENT NO. 2678

            (Purpose: To strike references to certain laws)

       On page 4, strike lines 14 through 19, and insert the 
     following:
       ``(2) leverage resources of other agencies.''.


                           AMENDMENT NO. 2677

 (Purpose: To make it clear that damage from derelict fishing gear and 
  vessel anchors and anchor chains warrants emergency response action)

       On page 3, beginning in line 24, strike ``impacts or other 
     physical damage to coral reefs, including'' and insert 
     ``impacts, derelict fishing gear, vessel anchors and anchor 
     chains, or''.
  The committee amendments were agreed to.
  The bill (S. 1390), as amended, was read the third time, and passed 
as follows:

                                S. 1390

       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
       (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);
       (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 systems.''.

     SEC. 3. EMERGENCY RESPONSE.

       Section 206 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 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, derelict fishing gear, 
     vessel anchors and anchor chains, or 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 other agencies.''.

[[Page 28538]]



     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 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 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, `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).

                          ____________________