[House Report 109-665]
[From the U.S. Government Publishing Office]






109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-665

======================================================================



 
               CORAL REEF CONSERVATION LEGACY ACT OF 2006

                                _______
                                

 September 19, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5622]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5622) to reauthorize the Coral Reef Conservation Act of 
2000, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coral Reef Conservation Legacy Act of 
2006''.

SEC. 2. EXPANSION OF CORAL REEF CONSERVATION GRANTS PROGRAM.

  (a) Project Diversity.--Section 204(d) of the Coral Reef Conservation 
Act of 2000 (16 U.S.C. 6403(d)) is amended 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
          (3) by inserting after paragraph (9) the following:
          ``(10) activities designed to minimize the likelihood of 
        damage to coral reefs, including the use of devices to minimize 
        human impacts on coral reefs;
          ``(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''.

SEC. 3. EMERGENCY RESPONSE ACTIONS.

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

``SEC. 206. EMERGENCY RESPONSE ACTIONS.

  ``(a) In General.--The Administrator and the Secretary of the 
Interior may each undertake or authorize action within areas under 
their administrative jurisdiction as 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 Agencies.--When possible, actions under 
this section should--
          ``(1) be conducted in partnership with other government 
        agencies, including--
                  ``(A) the Coast Guard, the Federal Emergency 
                Management Agency, and the Corps of Engineers; and
                  ``(B) agencies of States and territories of the 
                United States; and
          ``(2) leverage resources of such other agencies, including 
        funding or assistance authorized under other Federal laws.''.

SEC. 4. REPORT TO CONGRESS.

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

``SEC. 208. REPORTS TO CONGRESS.

  ``(a) Implementation of Strategy.--Not later than October 1, 2007, 
and every 3 years thereafter, the Administrator, in consultation with 
the United States Coral Reef Task Force, 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 the Interior, Department of Agriculture, the 
        Environmental Protection Agency, and the Army Corps of 
        Engineers;
          ``(3) 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
          ``(4) an assessment of accomplishments under this Act and the 
        effectiveness of management actions to address threats to coral 
        reefs.
  ``(b) Condition of Coral Reefs.--Not later than October 1, 2008, and 
every 3 years thereafter, the Administrator, in consultation with the 
United States Coral Reef Task Force, shall submit to the Committees 
referred to in subsection (a) an assessment of the condition of United 
States coral reefs.''.

SEC. 5. FUND; GRANTS; COORDINATION; TASK FORCE.

  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 following: ``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 a grant to any person 
that may submit a coral conservation proposal under section 204(e) to 
provide additional funds to such person 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 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;
          ``(5) build upon local approaches or models, including 
        traditional or island-based resource management concepts; and
          ``(6) complement local action strategies or other regional 
        plans for coral reef conservation.
  ``(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. REGIONAL COORDINATION.

  ``(a) In General.--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) Multiyear Cooperative Agreements.--The Administrator may enter 
into multiyear cooperative agreements with other Federal agencies, 
States and local governments, academic institutions, and 
nongovernmental organizations to carry out the activities of the 
national coral reef action strategy.

``SEC. 211. UNITED STATES CORAL REEF TASK FORCE.

  ``(a) Establishment.--There is hereby established the United States 
Coral Reef Task Force.
  ``(b) Goal.--The goal of the Task Force shall be to lead, coordinate, 
and strengthen Federal Government actions to better preserve and 
protect coral reef ecosystems.
  ``(c) Duties.--The duties of the Task Force shall be--
          ``(1) to coordinate, in cooperation with State, territory, 
        commonwealth, and local government partners, and 
        nongovernmental partners if appropriate, activities regarding 
        the mapping, monitoring, research, conservation, mitigation, 
        restoration of coral reefs and coral reef ecosystems;
          ``(2) work with the Secretary of State and the Administrator 
        of the Agency for International Development, and in 
        coordination with the other members of the Task Force, to--
                  ``(A) assess the United States role in international 
                trade and protection of coral reef species; and
                  ``(B) implement appropriate strategies and actions to 
                promote conservation and sustainable use of coral reef 
                resources worldwide.
  ``(d) Membership, Generally.--The Task Force shall be comprised of--
          ``(1) the Secretary of Commerce, acting through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and the Secretary of the Interior, who shall be 
        co-chairs of the Task Force;
          ``(2) the Administrator of the Agency of International 
        Development;
          ``(3) the Secretary of Agriculture;
          ``(4) the Secretary of Defense;
          ``(5) the Secretary of the Army, acting through the Corps of 
        Engineers;
          ``(6) the Secretary of Homeland Security;
          ``(7) the Attorney General;
          ``(8) the Secretary of State;
          ``(9) the Secretary of Transportation;
          ``(10) the Administrator of the Environmental Protection 
        Agency;
          ``(11) the Administrator of the National Aeronautics and 
        Space Administration;
          ``(12) the Director of the National Science Foundation;
          ``(13) the Governor, or a representative of the Governor, of 
        the Commonwealth of the Northern Mariana Islands;
          ``(14) the Governor, or a representative of the Governor, of 
        the Commonwealth of Puerto Rico;
          ``(15) the Governor, or a representative of the Governor, of 
        the State of Florida;
          ``(16) the Governor, or a representative of the Governor, of 
        the State of Hawaii;
          ``(17) the Governor, or a representative of the Governor, of 
        the Territory of Guam;
          ``(18) the Governor, or a representative of the Governor, of 
        the Territory of American Samoa; and
          ``(19) the Governor, or a representative of the Governor, of 
        the Virgin Islands.
  ``(e) Non-Voting Members.--The President, or a representative of the 
President, of each of the Freely Associated States of the Federated 
States of Micronesia, the Republic of the Marshall Islands, and the 
Republic of Palau may appoint a non-voting member of the Task Force.
  ``(f) Working Groups.--
          ``(1) In general.--The co-chairs of the Task Force may 
        establish working groups as necessary to meet the goals and 
        duties of this Act. The Task Force may request the co-chairs to 
        establish such a working group.
          ``(2) Participation by nongovernmental organizations.--The 
        co-chairs may allow a nongovernmental organization to 
        participate in such a working group.
  ``(g) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Task Force.''.

SEC. 6. 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 amending subsection (a) to read as follows:
  ``(a) In General.--
          ``(1) Authorization.--There are authorized to be appropriated 
        to carry out this title--
                  ``(A) to the Secretary of Commerce, $30,000,000 for 
                fiscal year 2008, $32,000,000 for fiscal year 2009, and 
                $34,000,000 for fiscal year 2010; and
                  ``(B) to the Secretary of the Interior, $10,000,000 
                for each of fiscal years 2008 through 2010.
          ``(2) Allocation.--Of the amount authorized by this 
        subsection for each of fiscal years 2008 through 2010--
                  ``(A) no less than 30 percent shall be used for the 
                grant program under section 204;
                  ``(B) up to 10 percent shall be used for the Fund 
                established under section 205;
                  ``(C) $500,000 may be used by the Secretary of the 
                Interior to support operations of the United States 
                Coral Reef Task Force; and
                  ``(D) $250,000 may be used by the Secretary of 
                Commerce to support such operations.'';
          (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 2008 through 2010, such sum to remain 
available until expended.''; and
          (4) by striking subsection (d).

SEC. 7. FUNDING FOR MARINE SCIENCE LABORATORY, CORAL REEF RESEARCH, AND 
                    COASTAL ECOLOGY AND DEVELOPMENT.

  (a) American Samoa Community College.--There is authorized to be 
appropriated $1,000,000 to the University of Hawaii Sea Grant College 
program to administer a marine science laboratory for coral reef 
research and protection, and coastal ecology and development, at the 
American Samoa Community College.
  (b) University of Guam.--There is authorized to be appropriated 
$1,000,000 to the University of Guam for coral reef research and 
protection at the University of Guam Marine Laboratory.

                          Purpose of the Bill

    The purpose of H.R. 5622 is to reauthorize the Coral Reef 
Conservation Act of 2000, and for other purposes.

                  Background and Need for Legislation

    In 1998, President Clinton signed Executive Order 13089, 
which directed that all federal agencies whose activities may 
affect U.S. coral reef ecosystems must identify those actions, 
use their programs and authorities to protect and enhance the 
condition of coral reef ecosystems, and ensure that any 
activities they authorize or fund not degrade the condition of 
coral reef ecosystems. The Executive Order also created the 
U.S. Coral Reef Task Force.
    The Coral Reef Conservation Act of 2000 (Public Law 106-
562, codified at 16 U.S.C. 6401 et seq.) includes a number of 
provisions for the conservation of coral reef resources 
including: a requirement that the Administrator of the National 
Oceanic and Atmospheric Administration (NOAA) create a national 
coral reef action strategy; authorization for the Administrator 
to enter into agreements with nonprofit organizations to 
solicit and accept gifts and contributions for a Coral Reef 
Conservation Fund for coral reef conservation; authority for 
NOAA to conduct activities to conserve coral reefs and coral 
reef ecosystems; and the creation of a grant program for 
projects to conserve coral reefs. The grant program requires a 
50 percent matching requirement.
    The Coral Reef Conservation Act requires that no less than 
40 percent of the funds be awarded for projects in the Pacific 
Ocean, no less than 40 percent of the funds for projects in the 
Atlantic Ocean, Gulf of Mexico or the Caribbean Ocean, and the 
remainder used for projects that address emerging priorities or 
threats, including those in other countries. The Administrator 
also has the authority to provide emergency assistance to 
State, local, or territorial governmental agencies to address 
unforeseen or disaster-related events that affect coral reef 
ecosystems. The Coral Reef Conservation Act authorized an 
appropriation of $16 million for each of four years until 
September 30, 2004, and caps the amount of money available for 
the administration of the Act at either 10 percent of the 
appropriated funds or $1 million, whichever is less.
    H.R. 5622, the Coral Reef Conservation Legacy Act of 2006, 
amends the Coral Reef Conservation Act of 2000 to expand the 
existing grant program; amend the existing emergency response 
authorities to authorize actions to prevent or minimize the 
destruction of coral reefs; require the Administrator to 
consult with the Task Force; clarify the Coral Reef 
Conservation Fund to require organizations to support 
partnerships between the public and private sectors; authorize 
community-based planning grants; require the Administrator to 
work in coordination and collaboration with other federal and 
State agencies, and territories; codify the existing 
membership, goals, and duties of the U.S. Coral Reef Task 
Force; and authorize appropriations for the Departments of 
Commerce and the Interior.

                            Committee Action

    H.R. 5622 was introduced on June 15, 2006, by Committee on 
Resources Chairman Richard Pombo (R-CA). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries and Oceans. On June 21, 2006, the 
Full Resources Committee met to consider the bill. The 
Subcommittee on Fisheries and Oceans was discharged from 
further consideration of the bill by unanimous consent. 
Congressman Eni Faleomavaega (D-AS) offered an amendment to 
authorize appropriations of $1 million for University of Hawaii 
Sea Grant College Program to administer a marine science 
laboratory in America Samoa and $1 million for the University 
of Guam for coral reef research and protection. The amendment 
was adopted by unanimous consent. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``Coral Reef Conservation 
Legacy Act of 2006.''

Section 2. Expansion of Coral Reef Conservation Grants Program

    This section amends section 204 of the Coral Reef 
Conservation Act to allow the Administrator to award grants to 
address emerging priorities or threats (with priority to 
community-based local action strategy projects) or other 
projects, as determined by the Administrator, for monitoring 
and assessment, research, pollution reduction and technical 
support.
    This section also adds two new criteria for the approval of 
grants. These new criteria for grants are for activities that 
are designed to minimize the likelihood of damage to coral 
reefs including the use of devices to minimize human impacts on 
coral reefs; and those that promote and assist entities to work 
with local communities and all appropriate governmental and 
non-governmental organizations to support community-based 
planning and management initiatives for the protection of coral 
reefs.

Section 3. Emergency response actions

    This section amends the existing emergency response 
authorities under section 206 of the Coral Reef Conservation 
Act to allow the Secretary of the Interior and the 
Administrator to authorize actions as necessary to prevent or 
minimize the destruction of coral reefs from vessels or other 
physical damage, including damage from unforeseen or disaster-
related circumstances. This authority can include vessel 
removal and emergency stabilization of a vessel that is 
impacting coral reefs. This authority, if possible, should be 
undertaken in partnership with other government agencies, State 
and territorial agencies so that other resources can be 
leveraged through other authorities.

Section 4. Report to Congress

    This section requires the Administrator, in consultation 
with the Task Force, to submit two reports to Congress. The 
first, due no later than October 2007, and every three years 
thereafter, describes all activities undertaken to implement 
the coral reef strategy including: a description of the funds 
obligated by each federal agency to advance coral reef 
conservation; a description of cooperative efforts to prevent 
or address overharvesting, coastal runoff, and other 
anthropogenic impacts on coral reefs; a description of federal 
disaster response actions taken pursuant to the National 
Response Plan; and an assessment of accomplishments under the 
Coral Reef Conservation Act and the effectiveness of management 
actions to address threats to coral reefs. The second report is 
due October 2008, and every three years thereafter, to assess 
the condition of the United States coral reefs.

Section 5. Fund; grants; coordination; task force

    This section makes changes to the Coral Reef Conservation 
Fund to clarify that the organization which the Administrator 
enters into an agreement with to promote coral reef 
conservation shall support partnerships between the public and 
private sectors to further the purposes of the Coral Reef 
Conservation Act, which are consistent with the national coral 
reef strategy and is able to address emergency response 
actions. This section allows the organization to solicit funds 
to address emergency response actions.
    This section also authorizes community-based planning 
grants. This program allows the Administrator to make grants 
for projects which involve local communities for the increased 
protection of coral reef areas identified by the community 
using the best available scientific information available as 
high priorities for focused attention. These projects must: 
support at least one of the criteria for the Coral Reef 
Conservation Program; be developed at the community level; 
utilize watershed-based approaches; provide for coordination 
with federal and State experts and managers; build upon local 
approaches; and compliment local action strategies or other 
regional coral reef conservation plans.
    This section raises the amount of federal match that can be 
offered from 50 percent of the project costs to 75 percent.
    This section also requires the Administrator to work in 
coordination and collaboration with other federal agencies, 
States, and territorial governments to implement the strategies 
under the existing National Coral Reef Action Strategy. This 
new section also authorizes the Administrator to enter into 
multi-year cooperative agreements with other federal agencies, 
States and local governments, academic institutions, and non-
governmental organizations to carry out activities of the 
National Coral Reef Action Strategy.
    This section also codifies the existing membership, goals, 
and duties of the U.S. Coral Reef Task Force which was 
establish by Executive Order. In addition, this section allows 
the co- chairs of the Task Force to establish working groups as 
necessary to meet the goals and duties of the Coral Reef 
Conservation Act. The Task Force may request that the co-chairs 
create such working groups. The co-chairs, when establishing a 
working group, may allow the participation of non-governmental 
organizations.

Section 6. Authorization of appropriations

    This section authorizes appropriations to carry out the 
Coral Reef Conservation Act for Fiscal Years 2008 through 2010. 
This section also increases the cap on administrative costs 
from $1 million to $2 million.

Section 7. Funding for marine science laboratory, coral reef research, 
        and coastal ecology and development

    This section authorizes appropriations for the University 
of Hawaii Sea Grant College Program to administer a marine 
science laboratory in America Samoa. It also authorizes funds 
for the University of Guam for coral reef research and 
protection.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    H.R. 5622 codifies an advisory committee established by 
Executive Order. The functions of this advisory committee are 
not being performed by one or more agencies, another advisory 
committee already in existence or by enlarging the mandate of 
another existing advisory committee.

                   Constitutional Authority Statement

    Article I, section 8, clause 3 of the Constitution of the 
United States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Coral Reef 
Conservation Act of 2000, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5622--Coral Reef Conservation Legacy Act of 2006

    Summary: H.R. 5622 would authorize the appropriation of 
$152 million over the 2008-2010 period for the National Oceanic 
and Atmospheric Administration (NOAA), the Department of the 
Interior (DOI), and grants to two universities to implement 
coral reef conservation programs and research. Assuming 
appropriation of the authorized amounts, CBO estimates that 
carrying out these programs would cost $32 million in 2008 and 
$141 million over the 2008-2011 period. Enacting H.R. 5622 
would not affect direct spending or revenues.
    This bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
the bill would benefit state, local, or tribal governments, and 
any costs would be incurred voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5622 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

NOAA Coral Reef Conservation
 Program:
    Authorization Level.........       0      38      40      42       0
    Estimated Outlays...........       0      22      32      39      17
DOI Coral Reef Conservation
 Program:
    Authorization Level.........       0      10      10      10       0
    Estimated Outlays...........       0       8       9      10       2
Coral Reef Research:
    Authorization Level.........       0       2       0       0       0
    Estimated Outlays...........       0       2       0       0       0
    Total Changes:
        Authorization Level.....       0      50      50      52       0
        Estimated Outlays.......       0      32      41      49      19
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
authorized amounts will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
conservation programs.
    H.R. 5622 would specifically authorize the appropriation of 
$152 million over the 2008-2010 period for coral reef 
conservation activities and grants, including between $30 
million and $34 million annually for NOAA's current programs 
and an additional $8 million annually for new community 
planning grants, and $10 million annually for DOI conservation 
programs. (By comparison, NOAA received an appropriation of $25 
million in 2006 for the coral reef conservation program.) CBO 
assumes that the one-time authorization of $2 million for coral 
reef research at two universities would be appropriated in 
2008. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the bill would cost $32 million in 
2008 and $141 million over the 2008-2011 period.
    Intergovernmental and private-sector impact: H.R. 5622 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Enacting this bill would benefit state, local, 
and tribal governments receiving grant funding for conservation 
projects; any costs that they might incur would result from 
complying with conditions of federal assistance.
    Previous CBO estimate: On August 5, 2005, CBO transmitted a 
cost estimate for S. 1390, the Coral Reef Conservation 
Amendments Act of 2005, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on July 21, 
2005. S. 1390 would authorize appropriations for NOAA's coral 
reef conservation program over the 2006-2012 period. In 
contrast, H.R. 5622 would authorize appropriations for NOAA, 
DOI, and grants to two universities for coral reef conservation 
over the 2008-2010 period. The CBO estimates for these bills 
reflect the different authorization periods and the additional 
programs addressed by H.R. 5622.
    Estimate prepared by: Federal Costs: Julie Middleton and 
Leigh Angres. Impact on State, Local, and Tribal Governments: 
Lisa Ramirez-Branum. Impact on the Private Sector: Patrice 
Gordon and Carla-Marie Ulerie.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                  CORAL REEF CONSERVATION ACT OF 2000


                   TITLE II--CORAL REEF CONSERVATION

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Coral Reef Conservation Act 
of 2000''.

           *       *       *       *       *       *       *


SEC. 204. CORAL REEF CONSERVATION PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Geographic and Biological Diversity.--The Administrator 
shall ensure that funding for grants awarded under subsection 
(b) during a fiscal year are distributed in the following 
manner:
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Remaining funds shall be awarded for projects 
        that address emerging priorities or threats, including 
        international priorities or threats, identified by the 
        Administrator. When identifying emerging threats or 
        priorities, the Administrator may consult with the 
        Coral Reef Task Force.]
          (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.

           *       *       *       *       *       *       *

  (g) Criteria for Approval.--The Administrator may not approve 
a project proposal under this section unless the project is 
consistent with the coral reef action strategy under section 
203 and will enhance the conservation of coral reefs by--
          (1) * * *

           *       *       *       *       *       *       *

          (9) developing and implementing cost-effective 
        methods to restore degraded coral reef ecosystems; [or]
          (10) activities designed to minimize the likelihood 
        of damage to coral reefs, including the use of devices 
        to minimize human impacts on coral reefs;
          (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
          [(10)] (12) promoting ecologically sound navigation 
        and anchorages near coral reefs.

           *       *       *       *       *       *       *


SEC. 205. CORAL REEF CONSERVATION FUND.

  (a) Fund.--The Administrator may enter into an agreement with 
a nonprofit organization that promotes coral reef conservation 
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 Act and are consistent with the 
national coral reef action strategy under section 203.] 
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.
  (b) Authorization To Solicit Donations.--Pursuant to an 
agreement entered into under subsection (a) of this section, an 
organization may accept, receive, solicit, hold, administer, 
and use any gift to further the purposes of this title. Any 
moneys received as a gift shall be deposited and maintained in 
the Fund established by the organization under subsection (a). 
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).
  (c) Review of Performance.--The Administrator shall conduct a 
continuing review of [the grant program] any grant program or 
emergency response action 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 and the 
national coral reef action strategy under section 203.

           *       *       *       *       *       *       *


[SEC. 206. 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. 206. EMERGENCY RESPONSE ACTIONS.

  (a) In General.--The Administrator and the Secretary of the 
Interior may each undertake or authorize action within areas 
under their administrative jurisdiction as 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 Agencies.--When possible, actions 
under this section should--
          (1) be conducted in partnership with other government 
        agencies, including--
                  (A) the Coast Guard, the Federal Emergency 
                Management Agency, and the Corps of Engineers; 
                and
                  (B) agencies of States and territories of the 
                United States; and
          (2) leverage resources of such other agencies, 
        including funding or assistance authorized under other 
        Federal laws.

           *       *       *       *       *       *       *


[SEC. 208. EFFECTIVENESS REPORTS.

  [(a) Grant Program.--Not later than 3 years after the date of 
the enactment of this Act, 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 that documents the effectiveness of 
the grant program under section 204 in meeting the purposes of 
this title. The report shall include a State-by-State summary 
of Federal and non-Federal contributions toward the costs of 
each project.
  [(b) National Program.--Not later than 2 years after the date 
on which the Administrator publishes the national coral reef 
strategy under section 203 and every 2 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 that strategy, under 
section 203, including a description of the funds obligated 
each fiscal year to advance coral reef conservation.]

SEC. 208. REPORTS TO CONGRESS.

  (a) Implementation of Strategy.--Not later than October 1, 
2007, and every 3 years thereafter, the Administrator, in 
consultation with the United States Coral Reef Task Force, 
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 the Interior, Department of Agriculture, 
        the Environmental Protection Agency, and the Army Corps 
        of Engineers;
          (3) 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
          (4) an assessment of accomplishments under this Act 
        and the effectiveness of management actions to address 
        threats to coral reefs.
  (b) Condition of Coral Reefs.--Not later than October 1, 
2008, and every 3 years thereafter, the Administrator, in 
consultation with the United States Coral Reef Task Force, 
shall submit to the Committees referred to in subsection (a) an 
assessment of the condition of United States coral reefs.

SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

  (a) In General.--The Administrator may make a grant to any 
person that may submit a coral conservation proposal under 
section 204(e) to provide additional funds to such person 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 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;
          (5) build upon local approaches or models, including 
        traditional or island-based resource management 
        concepts; and
          (6) compliment local action strategies or other 
        regional plans for coral reef conservation.
  (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. REGIONAL COORDINATION.

  (a) In General.--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) Multiyear Cooperative Agreements.--The Administrator may 
enter into multiyear cooperative agreements with other Federal 
agencies, States and local governments, academic institutions, 
and nongovernmental organizations to carry out the activities 
of the national coral reef action strategy.

SEC. 211. UNITED STATES CORAL REEF TASK FORCE.

  (a) Establishment.--There is hereby established the United 
States Coral Reef Task Force.
  (b) Goal.--The goal of the Task Force shall be to lead, 
coordinate, and strengthen Federal Government actions to better 
preserve and protect coral reef ecosystems.
  (c) Duties.--The duties of the Task Force shall be--
          (1) to coordinate, in cooperation with State, 
        territory, commonwealth, and local government partners, 
        and nongovernmental partners if appropriate, activities 
        regarding the mapping, monitoring, research, 
        conservation, mitigation, restoration of coral reefs 
        and coral reef ecosystems;
          (2) work with the Secretary of State and the 
        Administrator of the Agency for International 
        Development, and in coordination with the other members 
        of the Task Force, to--
                  (A) assess the United States role in 
                international trade and protection of coral 
                reef species; and
                  (B) implement appropriate strategies and 
                actions to promote conservation and sustainable 
                use of coral reef resources worldwide.
  (d) Membership, Generally.--The Task Force shall be comprised 
of--
          (1) the Secretary of Commerce, acting through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and the Secretary of the Interior, who 
        shall be co-chairs of the Task Force;
          (2) the Administrator of the Agency of International 
        Development;
          (3) the Secretary of Agriculture;
          (4) the Secretary of Defense;
          (5) the Secretary of the Army, acting through the 
        Corps of Engineers;
          (6) the Secretary of Homeland Security;
          (7) the Attorney General;
          (8) the Secretary of State;
          (9) the Secretary of Transportation;
          (10) the Administrator of the Environmental 
        Protection Agency;
          (11) the Administrator of the National Aeronautics 
        and Space Administration;
          (12) the Director of the National Science Foundation;
          (13) the Governor, or a representative of the 
        Governor, of the Commonwealth of the Northern Mariana 
        Islands;
          (14) the Governor, or a representative of the 
        Governor, of the Commonwealth of Puerto Rico;
          (15) the Governor, or a representative of the 
        Governor, of the State of Florida;
          (16) the Governor, or a representative of the 
        Governor, of the State of Hawaii;
          (17) the Governor, or a representative of the 
        Governor, of the Territory of Guam;
          (18) the Governor, or a representative of the 
        Governor, of the Territory of American Samoa; and
          (19) the Governor, or a representative of the 
        Governor, of the Virgin Islands.
  (e) Non-Voting Members.--The President, or a representative 
of the President, of each of the Freely Associated States of 
the Federated States of Micronesia, the Republic of the 
Marshall Islands, and the Republic of Palau may appoint a non-
voting member of the Task Force.
  (f) Working Groups.--
          (1) In general.--The co-chairs of the Task Force may 
        establish working groups as necessary to meet the goals 
        and duties of this Act. The Task Force may request the 
        co-chairs to establish such a working group.
          (2) Participation by nongovernmental organizations.--
        The co-chairs may allow a nongovernmental organization 
        to participate in such a working group.
  (g) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Task Force.

SEC. [209] 212. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
the Secretary to carry out this title $16,000,000 for each of 
fiscal years 2001, 2002, 2003, and 2004, which may remain 
available until expended.]
  (a) In General.--
          (1) Authorization.--There are authorized to be 
        appropriated to carry out this title--
                  (A) to the Secretary of Commerce, $30,000,000 
                for fiscal year 2008, $32,000,000 for fiscal 
                year 2009, and $34,000,000 for fiscal year 
                2010; and
                  (B) to the Secretary of the Interior, 
                $10,000,000 for each of fiscal years 2008 
                through 2010.
          (2) Allocation.--Of the amount authorized by this 
        subsection for each of fiscal years 2008 through 2010--
                  (A) no less than 30 percent shall be used for 
                the grant program under section 204;
                  (B) up to 10 percent shall be used for the 
                Fund established under section 205;
                  (C) $500,000 may be used by the Secretary of 
                the Interior to support operations of the 
                United States Coral Reef Task Force; and
                  (D) $250,000 may be used by the Secretary of 
                Commerce to support such operations.
  (b) Administration.--Of the amounts appropriated under 
subsection (a), not more than the lesser of [$1,000,000] 
$2,000,000 or 10 percent of the amounts appropriated, may be 
used for program administration or for overhead costs incurred 
by the National Oceanic and Atmospheric Administration or the 
Department of Commerce and assessed as an administrative 
charge.
  [(c) Coral Reef Conservation Program.--From the amounts 
appropriated under subsection (a), there shall be made 
available to the Secretary $8,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004 for coral reef conservation 
activities under section 204.
  [(d) National Coral Reef Activities.--From the amounts 
appropriated under subsection (a), there shall be made 
available to the Secretary $8,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004 for activities under section 207.]
  (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 2008 through 2010, such 
sum to remain available until expended.

SEC. [210] 213. DEFINITIONS.

  In this title:
          (1) * * *

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