II

106TH CONGRESS

1ST SESSION S. 1253

To authorize the Secretary of Commerce, through the National Oceanic and

Atmospheric Administration, to provide financial assistance for coral

reef conservation projects, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1999

Mr. INOUYE (for himself, Mr. AKAKA, Mr. HOLLINGS, Mr. KERRY, Mr.

BREAUX, and Mrs. BOXER) introduced the following bill; which was read

twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to provide financial assistance for coral reef conservation

projects, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coral Reef Protection

5 Act of 1999’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) Coral reefs and coral reef ecosystems are

2 considered the marine equivalent of tropical rain for3 ests, containing some of the planet’s richest biologi4 cal diversity, habitats, and systems and supporting

5 thousands of fish, invertebrates, reef algae, plank6 ton, sea grasses, and other species.

7 (2) Coral reefs and coral reef ecosystems have

8 great commercial, recreational, cultural, and esthetic

9 value to human communities as shoreline protection,

10 areas of natural beauty, and sources of food, phar11 maceuticals, jobs, and revenues through a wide vari12 ety of activities, including education, research, tour13 ism, and fishing.

14 (3) Studies indicate that coral reefs in the

15 United States and around the world are being de16 graded and severely threatened by human and envi17 ronmental impacts including land-based pollution,

18 overfishing, destructive fishing practices, vessel

19 groundings, and climate change.

20 (4) Since 1994, under the United States Coral

21 Reef Initiative, Federal agencies, State, local, terri22 torial, commonwealth, and local governments, non23 governmental organizations, and commercial inter24 ests have worked together to design and implement

25 additional management, education, monitoring, re-
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1 search, and restoration efforts to conserve coral reef

2 ecosystems.

3 (5) 1997 was recognized as the Year of the

4 Reef to raise public awareness about the importance

5 of conserving coral reefs and to facilitate actions to

6 protect coral reef ecosystems.

7 (6) On October 21, 1997, the 105th Congress

8 passed House Concurrent Resolution 8, a concurrent

9 resolution recognizing the significance of maintain10 ing the health and stability of coral reef ecosystems

11 by promoting comprehensive stewardship for coral

12 reef ecosystems, discouraging unsustainable fisheries

13 or other practices harmful to coral reefs, encour14 aging research, monitoring, assessment of, and edu15 cation on coral reef ecosystems, improving coordina16 tion of coral reef efforts and activities of Federal

17 agencies, academic institutions, nongovernmental or18 ganizations, and industry, and promoting preserva19 tion and sustainable use of coral reef resources

20 worldwide.

21 (7) 1998 was declared to be the International

22 Year of the Ocean to raise public awareness and in23 crease actions to conserve and use in a sustainable

24 manner the broader ocean environment, including

25 coral reefs.
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1 (8) On June 11, 1998, President William Jef2 ferson Clinton signed Executive Order 13089 (64

3 Fed. Reg. 323701) which recognizes the importance

4 of conserving coral reef ecosystems, establishes the

5 Coral Reef Task Force under the joint leadership of

6 the Departments of Commerce and Interior, and di7 rects Federal agencies whose actions may affect

8 United States coral reef ecosystems to take steps to

9 protect, manage, research, and restore such eco10 systems.

11 (9) The Nation benefits from—

12 (A) specific actions and programs involving

13 coral reefs and coral reef ecosystems including

14 National Marine Sanctuaries, National Wildlife

15 Refuges, National Parks, and other marine pro16 tected areas that conserve for future genera17 tions vital marine resources, ecosystems, and

18 habitats;

19 (B) the identification of coral habitats as

20 essential fish habitat under the Magnuson-Ste21 vens Fishery Conservation and Management

22 Act, which requires aggressive efforts to mini23 mize adverse effects on such habitat caused by

24 fishing;
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1 (C) identification of other actions to en2 courage the conservation and enhancement of

3 such habitat; and

4 (D) State and territorial coastal manage5 ment programs for the protection, development,

6 and where possible, restoration and enhance7 ment of the resources of the Nation’s coastal

8 zone for this and succeeding generations under

9 the Coastal Zone Management Act and other

10 related statutes.

11 (10) Legislation solely dedicated to the com12 prehensive and coordinated conservation, manage13 ment, protection, and restoration of coral reefs and

14 coral reef ecosystems would supplement Executive

15 Order 13089 and House Concurrent Resolution 8,

16 and complement the management, protection, and

17 conservation provided by such programs as those ad18 ministered under the National Marine Sanctuaries

19 Act, Coastal Zone Management Act, and Magnuson20 Stevens Fishery Conservation and Management Act,

21 as well as those administered by other Federal,

22 State, and territorial agencies.

23 SEC. 3. POLICY.

24 It is the policy of the United States—
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1 (1) to conserve and protect the ecological integ2 rity of coral reef ecosystems;

3 (2) to maintain the health, natural conditions,

4 and dynamics of those ecosystems;

5 (3) to reduce and remove human stresses af6 fecting reefs;

7 (4) to restore coral reef ecosystems injured by

8 human activities; and

9 (5) to promote the long-term sustainable use of

10 coral reef ecosystems.

11 SEC. 4. PURPOSES.

12 The purposes of this Act are—

13 (1) to preserve, sustain, and restore the health

14 of coral reef ecosystems;

15 (2) to assist in the conservation and protection

16 of coral reefs by supporting conservation programs;

17 (3) to provide financial resources for those pro18 grams; and

19 (4) to establish a formal mechanism for col20 lecting and allocating monetary donations from the

21 private sector to be used for coral reef conservation

22 projects.

23 SEC. 5. DEFINITIONS.

24 In this Act:
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1 (1) CORAL.—The term ‘‘coral’’ means species

2 of the phylum Cnidaria, including—

3 (A) all species of the orders Antipatharia

4 (black corals), Scleractinia (stony corals),

5 Alcyonacea (soft corals), Gorgonacea (horny

6 corals), Stolonifera (organpipe corals and oth7 ers), and Helioporacea (blue coral) of the class

8 Anthozoa; and

9 (B) all species of the order Hydrocorallina

10 (fire corals and hydrocorals) of the class

11 Hydrozoa.

12 (2) CORAL REEF.—The term ‘‘coral reef’’

13 means any reef, shoal, or other natural feature com14 posed primarily of the solid skeletal structures in

15 which stony corals are major framework constitu16 ents, within all maritime areas and zones subject to

17 the jurisdiction or control of the United States (e.g.

18 Federal, State, territorial, or commonwealth waters),

19 including in the south Atlantic, Caribbean, Gulf of

20 Mexico, and Pacific Ocean.

21 (3) CORAL REEF ECOSYSTEM.—The term

22 ‘‘coral reef ecosystem’’ means the interacting com23 plex of species (including reef plants of the phlya

24 Chlorophyta, Phaeophyta, and Rhodophyta) and
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1 nonliving variables associated with coral reefs and

2 their habitats which—

3 (A) function as an ecological unit in na4 ture; and

5 (B) are mutually dependent on this func6 tion to continue.

7 (4) CONSERVATION.—The term ‘‘conservation’’

8 means the use of methods and procedures necessary

9 to preserve or sustain coral reefs and coral reef eco10 systems as diverse, viable, and self-perpetuating eco11 systems, including—

12 (A) all activities associated with resource

13 management, such as assessment, science, con14 servation, protection, restoration, sustainable

15 use, management of habitat, and water quality;

16 (B) habitat monitoring;

17 (C) assistance in the development of man18 agement strategies for marine protected areas

19 and marine resources consistent with the Na20 tional Marine Sanctuaries Act (16 U.S.C. 1431

21 et seq.) and the Magnuson-Stevens Fishery

22 Conservation and Management Act (16 U.S.C.

23 1801 et seq.) and other Federal, State, and ter24 ritorial statutes;

25 (D) law enforcement;
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1 (E) conflict resolution initiatives;

2 (F) community outreach and education;

3 and

4 (G) promotion of safe and ecologically

5 sound navigation.

6 (5) PERSON.—The term ‘‘person’’ has the

7 meaning given that term by section 1 of title 1,

8 United States Code, but includes departments, agen9 cies, and instrumentalities of the United States Gov10 ernment or any State or local government.

11 (6) FOUNDATION.—The term ‘‘foundation’’

12 means any qualified non-profit organization that

13 specializes in natural resource conservation.

14 (7) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of Commerce.

16 (8) STATE.—The term ‘‘State’’ means any

17 coastal State of the United States that contains

18 coral within its seaward boundaries, and American

19 Samoa, Guam, the Northern Mariana Islands, Puer20 to Rico, and the U.S. Virgin Islands, and any other

21 commonwealth, territory, or possession of the United

22 States that contains coral within its seaward bound23 aries.
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1 SEC. 6. CORAL REEF RESTORATION AND CONSERVATION

2 PROGRAM.

3 (a) FINANCIAL ASSISTANCE.—The Secretary subject

4 to the availability of funds, may provide financial assist5 ance for projects that—

6 (1) provide for the restoration of degraded or

7 injured coral reefs or coral reef ecosystems, includ8 ing developing and implementing cost-effective meth9 ods to restore or enhance degraded or injured coral

10 reefs and coral reef ecosystems; or

11 (2) provide for the conservation of coral reefs or

12 coral reef ecosystems through projects other than

13 those under paragraph (1), that provide for the

14 management, conservation, and protection of coral

15 reefs and coral reef ecosystems, including mapping

16 and assessment, management, protection (including

17 enforcement), scientific research, and short-term and

18 long-term monitoring that benefits the long-term

19 conservation of coral reefs and coral reef ecosystems.

20 (b) MATCHING REQUIREMENTS.—

21 (1) 75-PERCENT FEDERAL FUNDING.—Except

22 as provided in paragraph (2), Federal funds for any

23 project under this section shall not exceed 75 per24 cent of the total cost of such project. In calculating

25 that percentage, the non-Federal share of project
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1 costs may be provided by in-kind contributions and

2 other noncash support.

3 (2) EXCEPTIONS.—

4 (A) SMALL PROJECTS.—There are no

5 matching requirements for grants under sub6 section (a) for projects costing not more than

7 $25,000.

8 (B) HIGHER LEVEL OF SUPPORT RE9 QUIRED.—If the Secretary determines that a

10 proposed project merits support and cannot be

11 undertaken without a higher rate of Federal

12 support, then the Secretary may approve grants

13 under this section with a matching requirement

14 other than that specified in paragraph (1).

15 (c) ELIGIBILITY.—Any relevant natural resource

16 management authority of a State or territory of the

17 United States or other government authority with jurisdic18 tion over coral reefs or whose activities directly or indi19 rectly affect coral reefs or coral reef ecosystems, or edu20 cational or non-governmental institutions with dem21 onstrated expertise in the conservation of coral reefs, may

22 submit a coral reef restoration or conservation proposal

23 to the Secretary under subsection (a).
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1 (d) ALLOCATION.—The Secretary shall ensure that

2 financial assistance provided under subsection (a) during

3 a fiscal year is distributed so that—

4 (1) not less than 40 percent of the funds avail5 able are awarded for coral reef restoration and con6 servation projects in the Pacific Ocean;

7 (2) not less than 40 percent of the funds avail8 able are awarded for coral reef restoration and con9 servation projects in the Atlantic Ocean, the Gulf of

10 Mexico, and the Caribbean Sea; and

11 (3) remaining funds are awarded for coral reef

12 restoration and conservation projects that address

13 emerging priorities or threats identified by the Sec14 retary in consultation with the Coral Reef Task

15 Force under subsection (j).

16 (e) PROJECT PROPOSALS.—Each proposal for a

17 grant under this section shall include the following:

18 (1) The name of the individual or entity respon19 sible for conducting the project.

20 (2) A succinct statement of the purposes of the

21 project.

22 (3) A description of the qualifications of the in23 dividuals who will conduct the project.

24 (4) An estimate of the funds and time required

25 to complete the project.
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1 (5) Evidence of support of the project by appro2 priate representatives of States or territories of the

3 United States or other government jurisdictions in

4 which the project will be conducted.

5 (6) Information regarding the source and

6 amount of matching funding available to the appli7 cant, as appropriate.

8 (7) A description of how the project meets one

9 or more of the criteria in subsection (g) of this sec10 tion.

11 (8) Any other information the Secretary con12 siders to be necessary for evaluating the eligibility of

13 the project for funding under this Act.

14 (f) PROJECT REVIEW AND APPROVAL.—

15 (1) IN GENERAL.—The Secretary shall review

16 each final coral reef conservation project proposal to

17 determine if it meets the criteria set forth in sub18 section (g).

19 (2) REVIEW; APPROVAL OR DISAPPROVAL.—Not

20 later than 3 months after receiving a final project

21 proposal under this section, the Secretary shall—

22 (A) request written comments on the pro23 posal from each Federal, State or territorial

24 agency of the United States and other govern25 ment jurisdictions, including the relevant re-
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1 gional fishery management councils established

2 under the Magnuson-Stevens Fishery Conserva3 tion and Management Act (16 U.S.C. 1801 et

4 seq.), or any National Marine Sanctuary, with

5 jurisdiction or management authority over coral

6 reefs or coral reef ecosystems in the area where

7 the project is to be conducted, including the ex8 tent to which the project is consistent with lo9 cally-established priorities;

10 (B) for projects costing less than $25,000,

11 provide for expedited peer review of the pro12 posal;

13 (C) for projects costing $25,000 or great14 er, provide for the regional, merit-based peer re15 view of the proposal and require standardized

16 documentation of that peer review;

17 (D) after considering any written com18 ments and recommendations based on the re19 views under subparagraphs (A) and (B), ap20 prove or disapprove the proposal; and

21 (E) provide written notification of that ap22 proval or disapproval to the person who sub23 mitted the proposal, and each of those States,

24 territories, and other government jurisdictions.
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1 (g) CRITERIA FOR APPROVAL.—The Secretary may

2 approve a final project proposal under this section based

3 on the written comments received and the extent that the

4 project will enhance the conservation of coral reefs by—

5 (1) implementing coral reef conservation pro6 grams which promote sustainable development and

7 ensure effective, long-term conservation of coral

8 reefs;

9 (2) addressing the conflicts arising from the use

10 of environments near coral reefs or from the use of

11 any living or dead specimens, port, or derivatives, or

12 any product containing specimens, ports, or deriva13 tives, of any coral or coral reef ecosystem;

14 (3) enhancing compliance with laws that pro15 hibit or regulate the taking of corals, species associ16 ated with coral reefs, and coral products or regulate

17 the use and management of coral reef ecosystems;

18 (4) developing sound scientific information on

19 the condition of coral reef ecosystems or the threats

20 to such ecosystems;

21 (5) promoting cooperative projects on coral reef

22 conservation that involve affected local communities,

23 non-governmental organizations, or others in the pri24 vate sector; or
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1 (6) increasing public knowledge and awareness

2 of coral reef ecosystems and issues regarding their

3 long term conservation.

4 (h) IMPLEMENTATION GUIDELINES.—Within 90 days

5 after the date of enactment of this Act, the Secretary shall

6 promulgate necessary guidelines for implementing this

7 section. In developing those guidelines, the Secretary shall

8 consult with regional and local entities, including States

9 and territories, involved in setting priorities for conserva10 tion of coral reefs.

11 (i) TECHNICAL ASSISTANCE.—The Secretary may

12 provide technical assistance to any State or Federal agen13 cy with jurisdiction over coral reefs and coral reef eco14 systems to further the purposes of this Act.

15 (j) CORAL REEF TASK FORCE.—The Secretary shall

16 consult with the Coral Reef Task Force established under

17 Executive Order 13089 (64 Fed. Reg. 323701), to obtain

18 guidance in establishing coral reef conservation project

19 priorities under this section.

20 SEC. 7. NATIONAL PROGRAM.

21 (a) IN GENERAL.—The Secretary may conduct activi22 ties that further the conservation of coral reefs or coral

23 reef ecosystems on a regional, national, or international

24 scale, or that further public awareness and education re25 garding coral reefs and coral reef ecosystems on a re-
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1 gional, national, or international scale. The activities

2 should supplement and be consistent with the programs,

3 policies, and statutes of affected States and territories, the

4 National Marine Sanctuaries Act, the Coastal Zone Man5 agement Act, and the Magnuson-Stevens Fishery Con6 servation and Management Act, other applicable Federal

7 statutes, and, at a minimum, should include mapping and

8 assessment, monitoring, management, and scientific re9 search that benefits the long-term conservation of coral

10 reefs and coral reef ecosystems.

11 (b) FINANCIAL ASSISTANCE.—The Secretary may

12 enter into joint projects with any Federal, State, terri13 torial, or local authority, or provide financial assistance

14 to any person for projects consistent with subsection (a),

15 including projects that—

16 (1) support, promote, and coordinate the as17 sessment of, scientific research on, monitoring of, or

18 restoration of coral reefs and coral reef ecosystems

19 of the United States;

20 (2) cooperate with global programs that con21 serve, manage, protect, and study coral reefs and

22 coral reef ecosystems; or

23 (3) enhance public awareness, understanding,

24 and appreciation of coral reefs and coral reef eco25 systems.
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1 SEC. 8. DOCUMENTATION OF CERTAIN VESSELS.

2 Section 12102 of title 46, United States Code, is

3 amended by adding at the end thereof the following:

4 ‘‘(e) A vessel otherwise eligible to be documented

5 under this section may not be documented as a vessel of

6 the United States if—

7 ‘‘(1) the owner of the vessel has abandoned any

8 vessel on a coral reef located in waters subject to the

9 jurisdiction of the United States; and

10 ‘‘(2) the abandoned vessel remains on the coral

11 reef or was removed from the coral reef under sec12 tion 5 or 6 of the Coral Reef Protection Act of 1999

13 (or any other provision of law in pari materia en14 acted after 1998),

15 unless the owner of the vessel has reimbursed the United

16 States for environmental damage caused by the vessel and

17 the funds expended to remove it.’’.

18 SEC. 9. CERTAIN GROUNDED VESSELS.

19 (a) IN GENERAL.—The vessels described in sub20 section (b), and the reefs upon which such vessels may

21 be found, are hereby designated for purposes of section

22 104 of the Comprehensive Environmental Response, Com23 pensation, and Liability Act of 1980 (42 U.S.C. 9604) as

24 a site at which there is a substantial threat of release of

25 a hazardous substance into the environment. For purposes
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1 of that Act, the site shall not be considered to have re2 sulted from an act of God.

3 (b) DESCRIPTION OF SITE.—The vessels to which

4 subsection (a) applies are 9 fishing vessels driven by Ty5 phoon Val in 1991 onto coral reefs inside Pago Pago har6 bor near the villages of Leloaloa and Aua.

7 SEC. 10. REGULATIONS; CORAL REEF CONSERVATION

8 FUND.

9 (a) REGULATIONS.—Within 90 days after the date of

10 enactment of this Act, the Secretary shall promulgate nec11 essary regulations for implementing this section. In devel12 oping those regulations, the Secretary shall consult with

13 regional and local entities, including States and territories,

14 involved in setting priorities for conservation of coral reefs.

15 (b) FUND.—The Secretary may enter into an agree16 ment with a foundation authorizing the foundation to re17 ceive, hold, and administer funds received by the founda18 tion pursuant to this section. The foundation shall invest,

19 reinvest, and otherwise administer the funds and maintain

20 such funds and any interest or revenues earned in a sepa21 rate interest bearing account, hereafter referred to as the

22 Fund, established by the foundation solely to support part23 nerships between the public and private sectors that fur24 ther the purposes of this Act.
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1 (c) AUTHORIZATION TO SOLICIT DONATIONS.—Con2 sistent with section 3703 of title 16, United States Code,

3 and pursuant to the agreement entered into under sub4 section (b) of this section, a foundation may accept, re5 ceive, solicit, hold, administer, and use any gift or dona6 tion to further the purposes of this Act. Such funds shall

7 be deposited and maintained in the Fund established by

8 a foundation under subsection (b) of this section.

9 (d) REVIEW OF PERFORMANCE.—The Secretary shall

10 conduct a continuing review of the grant program admin11 istered by a foundation under this section. Each review

12 shall include a written assessment concerning the extent

13 to which that foundation has implemented the goals and

14 requirements of this section.

15 (e) ADMINISTRATION.—Under the agreement entered

16 into pursuant to subsection (b) of this section, the Sec17 retary may transfer funds appropriated under section

18 11(b)(1) to a foundation. Amounts received by a founda19 tion under this subsection may be used for matching, in

20 whole or in part, contributions (whether in currency, serv21 ices, or property) made to the foundation by private per22 sons and State and local government agencies.

23 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Secretary
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1 $20,000,000 for each of fiscal years 2000, 2001, 2002,

2 2003, and 2004 to carry out this Act, which may remain

3 available until expended.

4 (b) USE OF AMOUNTS APPROPRIATED.—

5 (1) RESTORATION AND CONSERVATION

6 PROJECTS.—Not more than $15,000,000 of the

7 amounts appropriated under subsection (a) shall be

8 used by the Secretary to support coral reef restora9 tion and conservation projects under section 6(a), of

10 which not more than 20 percent shall be used for

11 technical assistance provided by the Secretary.

12 (2) NATIONAL PROGRAM.—Not more than

13 $5,000,000 of the amounts appropriated under sub14 section (a) shall be used by the Secretary to support

15 coral reef conservation projects under section 7.

16 (3) ADMINISTRATION.—Not more than 1 per17 cent of the amounts appropriated under paragraph

18 1 may be used by the Secretary for administration

19 of this Act.

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