[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) * * *
* * * * * * *