49–006 

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 comVerDate Aug 31 2005 21:51 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR665.XXX HR665

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munity-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: 


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‘‘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 islandbased 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; 


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‘‘(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 appro- priated 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 appro- priated $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 proVerDate Aug 31 2005 21:51 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR665.XXX HR665

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grams 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 protecVerDate Aug 31 2005 21:51 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR665.XXX HR665

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tion. 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. 


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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. 


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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); 


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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. 


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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) * * * 

* * * * * * * 

ø(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, reVerDate Aug 31 2005 21:51 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR665.XXX HR665

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search, 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; øor¿ 

(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 

ø(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 øorganization 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 øthe 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 


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goals and requirements of this section and the national coral reef 

action strategy under section 203. 

* * * * * * * 

øSEC. 206. EMERGENCY ASSISTANCE. 

øThe 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. 

* * * * * * * 

øSEC. 208. EFFECTIVENESS REPORTS. 

ø(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 nonFederal contributions toward the costs of each project. 

ø(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 


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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 adVerDate Aug 31 2005 21:51 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR665.XXX HR665

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dress 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; 


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(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. ø209¿ 212. AUTHORIZATION OF APPROPRIATIONS. 

ø(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 ø$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. 

ø(c) CORAL REEF CONSERVATION PROGRAM.—From the amounts 

appropriated under subsection (a), there shall be made available to 


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the Secretary $8,000,000 for each of fiscal years 2001, 2002, 2003, 

and 2004 for coral reef conservation activities under section 204. 

ø(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. ø210¿ 213. DEFINITIONS. 

In this title: 

(1) * * * 

* * * * * * * 


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