```

[House Report 106-762]
[From the U.S. Government Publishing Office]

                                                                       
106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-762

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

 
    CORAL REEF CONSERVATION AND RESTORATION PARTNERSHIP ACT OF 2000
                                _______
                                

 July 19, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3919]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3919) to provide assistance for the conservation of coral 
reefs, to coordinate Federal coral reef conservation 
activities, 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 out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coral Reef Conservation and 
Restoration Partnership Act of 2000''.

SEC. 2. PURPOSES.

  The purposes of this Act are the following:
          (1) To maintain and restore the health of coral reef 
        ecosystems.
          (2) To promote the wise management and long-term sustainable 
        use of coral reef ecosystems to benefit local communities and 
        the Nation.
          (3) To promote cooperative coral reef conservation projects 
        that involve affected local communities and nongovernmental 
        organizations.
          (4) To address conflicts between coral reef uses.
          (5) To enhance compliance with laws that prohibit or regulate 
        the taking of corals, species associated with coral reefs, and 
        coral products or that regulate the use and management of coral 
        reef ecosystems.

[[Page 2]]

          (6) To develop sound scientific information on the condition 
        of coral reef ecosystems and the threats to such ecosystems.
          (7) To coordinate activities and programs related to coral 
        reefs that are conducted, funded, or authorized by the Federal 
        Government, including coral reef conservation, research, 
        mapping, monitoring, assessment, and restoration.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Coral.--The term ``coral'' means species of the phylum 
        Cnidaria, including--
                  (A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Alcyonacea (soft 
                corals), Gorgonacea (horny, pink, and bamboo corals), 
                Stolonifera (organpipe corals and others), and 
                Coenothecalia (blue coral), of the class Anthozoa;
                  (B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals), of the class Hydrozoa; and
                  (C) all species of the order Zoanthidae (gold 
                corals).
          (2) Coral product.--The term ``coral product'' means any 
        living or dead specimen, part, or derivative, or any product 
        containing a specimen, part, or derivative, of any species 
        referred to in paragraph (1).
          (3) Coral reef.--The term ``coral reef'' means any reef or 
        shoal comprised primarily of the skeletal material of species 
        of one or more of the orders Scleractinia, Antipatharia, 
        Gorgonacea, and Zoanthidae.
          (4) Coral reef conservation.--The term ``coral reef 
        conservation'' means the use of methods, procedures, and 
        policies that are consistent with the strategy published by the 
        Coral Reef Task Force under section 4(b)(1), to restore and 
        protect coral reefs and to conserve and sustain diverse, 
        viable, and self-perpetuating coral reef ecosystems.
          (5) Coral reef ecosystem.--The term ``coral reef ecosystem'' 
        means coral and other species of living organisms associated 
        with coral reefs, and the non-living environmental factors that 
        directly affect coral reefs, that together function as an 
        ecological unit in nature.
          (6) Coral reef task force.--The term ``Coral Reef Task 
        Force'' means such task force established by section 4(a).
          (7) Executive order 13089.--The term ``Executive Order 
        13089'' means such Executive Order issued by the President on 
        June 11, 1998, pertaining to coral reef protection.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce.
          (9) State.--The term ``State'' means--
                  (A) any State of the United States that contains a 
                coral reef ecosystem within its boundaries;
                  (B) American Samoa, Guam, the Northern Mariana 
                Islands, Puerto Rico, and the Virgin Islands; and
                  (C) any other territory or possession of the United 
                States, or separate sovereign in free association with 
                the United States, that contains a coral reef ecosystem 
                within its boundaries.

SEC. 4. COORDINATION OF FEDERAL AGENCIES.

  (a) Coral Reef Task Force.--
          (1) Establishment and membership.--There is established the 
        Coral Reef Task Force. The Coral Reef Task Force shall, in 
        consultation with the Governors of the States--
                  (A) coordinate all Federal activities related to 
                coral reefs, and facilitate the resolution of 
                interagency and intergovernmental conflicts associated 
                with the use and conservation of coral reefs;
                  (B) develop and coordinate consistent national 
                policies, strategies, plans, programs, projects, 
                activities, and priorities for the conservation and 
                protection of United States coral reefs and coral reef 
                ecosystems;
                  (C) develop and coordinate a research program to 
                identify the major causes and consequences of 
                degradation of coral reef ecosystems, improve the 
                understanding of coral reef health and diseases, and 
                identify solutions and procedures to repair and restore 
                coral reefs;
                  (D) develop and promote strategies and actions for 
                the conservation and sustainable use of coral reef 
                resources worldwide, including the sharing of 
                information, collaborative research, and monitoring 
                efforts; and
                  (E) develop and recommend solutions to reduce or 
                eliminate unsustainable fishing practices on coral 
                reefs worldwide.
          (2) Members.--The Coral Reef Task Force shall be composed of 
        the following:
                  (A) The Secretary, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration.

[[Page 3]]

                  (B) The Secretary of the Interior.
                  (C) The Administrator of the Environmental Protection 
                Agency.
                  (D) The Attorney General.
                  (E) The Secretary of Agriculture.
                  (F) The Secretary of Defense.
                  (G) The Secretary of State.
                  (H) The Secretary of Transportation.
                  (I) The Director of the National Science Foundation.
                  (J) The Administrator of the Agency for International 
                Development.
                  (K) The Administrator of the National Aeronautics and 
                Space Administration.
                  (L) The head of any other Federal agency that the co-
                chairs of the Coral Reef Task Force jointly designate.
                  (M) The Governor of any State that the co-chairs 
                jointly designate.
          (3) Co-chairs.--The Secretary and the Secretary of the 
        Interior--
                  (A) shall serve as co-chairs of the Coral Reef Task 
                Force; and
                  (B) may each provide administrative support to the 
                Coral Reef Task Force as necessary for it to carry out 
                its duties under this section.
          (4) Procedures.--(A) The Coral Reef Task Force shall meet at 
        least annually. Meetings of the Coral Reef Task Force and any 
        advisory committees established to assist the Coral Reef Task 
        Force shall be open to the public, and the Coral Reef Task 
        Force shall provide notice of such meetings to the public.
          (B) The Coral Reef Task Force may--
                  (i) establish advisory committees and working groups 
                as are necessary to assist it in its duties;
                  (ii) select as an advisory committee an existing 
                organization that represents a broad range of private 
                and public interests related to coral reefs; and
                  (iii) consult with local governments, the scientific 
                community, and any affected Regional Fishery Management 
                Council established by the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) on coral reef conservation issues.
          (5) Implementation.--(A) Subject to subparagraph (B), the 
        head of any agency or department of the Federal Government that 
        takes an action that may affect a coral reef ecosystem in the 
        United States shall, to the maximum extent practicable, ensure 
        that--
                  (i) such agency or department, respectively, supports 
                and implements the national coral reef action strategy 
                developed under subsection (b)(1); and
                  (ii) any actions funded, authorized, or carried out 
                by the agency or department will not degrade the 
                condition of coral reefs.
          (B) Subparagraph (A) shall not apply--
                  (i) during time of war or national emergency;
                  (ii) when necessary for reasons of national security, 
                as determined by the President;
                  (iii) during an emergency that poses an unacceptable 
                threat to human health or safety or to the marine 
                environment; or
                  (iv) in any case that constitutes a danger to human 
                life or a real threat to vessels, aircraft, oil or gas 
                drilling or production platforms, or other man-made 
                structures at sea, such as cases of force majeure 
                caused by stress of weather or other act of God.
          (6) Executive order 13089.--The Coral Reef Task Force shall 
        comply with Executive Order 13089 to the extent that such order 
        is consistent with this Act. Nothing in this Act is intended to 
        require the duplication of the Coral Reef Task Force 
        established under that Executive Order.
  (b) Action Strategy, Implementation Report, and Plan.--
          (1) National coral reef action strategy.--Not later than 180 
        days after the date of enactment of this Act, the Coral Reef 
        Task Force shall submit to the Committee on Resources of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate and publish in the 
        Federal Register a national coral reef action strategy, 
        consistent with the purposes and provisions of this Act, for 
        waters under the jurisdiction of the United States. The Coral 
        Reef Task Force shall periodically review and revise the 
        strategy as necessary.
          (2) Report on implementation of national coral reef action 
        strategy.--Not later than 2 years after the date that the Coral 
        Reef Task Force publishes the strategy under paragraph (1) and 
        every 2 years thereafter, the task force shall submit to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report describing all activities undertaken by Federal 
        agencies to imple

[[Page 4]]

        ment the national coral reef action strategy, including a 
        description of the funds obligated each fiscal year to advance 
        coral reef conservation.
          (3) Plan for mapping, monitoring, and assessment.--(A) Not 
        later than 1 year after the date of enactment of this Act, the 
        Coral Reef Task Force shall submit to the Committee on 
        Resources of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a plan to 
        implement a coordinated United States coral reef mapping, 
        monitoring, and assessment program, consistent with the 
        strategy published under paragraph (1).
          (B) The plan shall include the following:
                  (i) A description of existing Federal coral reef 
                mapping, monitoring, and assessment programs.
                  (ii) The estimated annual cost to the Federal 
                Government to adequately map, monitor, and assess coral 
                reefs.
                  (iii) A process to establish data quality standards 
                and standardized methods for mapping, monitoring, and 
                assessing coral reefs.
                  (iv) A plan to compile existing coral reef data and a 
                listing of the geographical areas for which 
                insufficient data exists to adequately assess the 
                condition of coral reefs.
                  (v) Proposed interagency agreements needed to carry 
                out a national mapping, monitoring, and assessment 
                program, including agreements with non-Federal 
                agencies.
                  (vi) A proposal for a national pilot project to 
                monitor and map coral reefs.
  (c) Coral Reef Fish Management Authority in the EEZ.--
          (1) In general.--Subject to the other provisions of this 
        subsection, the Secretary has exclusive authority to manage 
        coral reef ecosystem fish in the exclusive economic zone as 
        provided by the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
          (2) Delegation.--The Secretary may delegate the authority 
        referred to in paragraph (1) to any other Federal official.
          (3) Authorities of secretary of interior not affected.--(A) 
        Paragraph (1) does not affect any authority vested in the 
        Secretary of the Interior on the date of enactment of this Act 
        by the National Wildlife Refuge System Administration Act of 
        1966 (16 U.S.C. 668dd et seq.) with respect to any area--
                  (i) that was in the National Wildlife Refuge System 
                before the date of the enactment of this Act; or
                  (ii) that is added to the National Wildlife Refuge 
                System after the date of enactment of this Act and for 
                which there is no fishery management plan in effect 
                under the Magnuson-Stevens Fishery Conservation and 
                Management Act.
          (B) Nothing in this Act shall be construed to authorize the 
        Secretary of the Interior to designate any National Wildlife 
        Refuge or other unit of the National Wildlife Refuge System.
          (4) Consultation.--The Secretary shall consult with the 
        Secretary of the Interior during the development and 
        implementation of any fishery management plan under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.) that will apply to any area in the 
        National Wildlife Refuge System, including any area added to 
        such system after the date of enactment of this Act.
          (5) Regional councils.--Nothing in this Act affects the 
        authority of the Regional Fishery Management Councils 
        established under the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
          (6) Definitions.--In this subsection, the terms ``exclusive 
        economic zone'' and ``fish'' have the meaning of those terms 
        under section 3 of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802).

SEC. 5. CORAL REEF CONSERVATION ASSISTANCE.

  (a) In General.--The Secretary, subject to the availability of 
appropriations, shall provide grants to carry out projects that provide 
for coral reef conservation and are approved by the Secretary in 
accordance with this section.
  (b) Eligible Project Partners.--The Secretary may accept a coral reef 
conservation project proposal from any of the following:
          (1) Any State or local government with jurisdiction over 
        coral reefs and whose activities directly or indirectly affect 
        coral reefs.
          (2) Any educational institution with a demonstrated expertise 
        in coral reef conservation.
          (3) Any nonprofit organization with demonstrated expertise in 
        coral reef conservation.
  (c) Eligible Projects.--The Secretary may not approve a coral reef 
conservation project under this section unless the project is 
consistent with the coral reef action

[[Page 5]]

strategy established by the Coral Reef Task Force under section 4(b)(1) 
and will accomplish at least one of the following objectives:
          (1) Implement measures to conserve and restore coral reef 
        ecosystems.
          (2) Develop and implement cost-effective methods to restore 
        degraded coral reef ecosystems.
          (3) Map the location and distribution of coral reefs.
          (4) Develop and implement techniques to monitor and assess 
        the status and condition of coral reefs.
          (5) Research factors that cause coral disease and the loss of 
        coral reefs.
          (6) Support State and local community law enforcement efforts 
        related to coral products and coral reefs.
          (7) Assist with conflict resolution initiatives and local 
        community outreach related to coral reefs.
          (8) Promote ecologically sound navigation and anchorages near 
        coral reefs.
  (d) Project Proposal.--Any applicant for a grant to carry out a coral 
reef conservation project shall submit to the Secretary the following:
          (1) The names of the persons responsible for conducting the 
        project and a description of their qualifications.
          (2) A description of the project.
          (3) A description of how the project fulfills the 
        requirements of subsection (c).
          (4) An estimate of the funds and time required to complete 
        the project.
          (5) Evidence of support of the project by appropriate 
        representatives of the State and local government jurisdictions 
        in which the project will be conducted, if the project will be 
        conducted by a nongovernmental partner.
          (6) Information regarding the source and amount of matching 
        funding available to the applicant.
          (7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project.
  (e) Project Review and Approval.--
          (1) In general.--(A) The Secretary shall review and approve 
        or disapprove each coral reef conservation project proposal 
        submitted under this section.
          (B) The Secretary may approve a project proposal and provide 
        coral reef conservation assistance under this section for a 
        project only if, after reviewing the proposal and any comments 
        received pursuant to paragraph (2), the Secretary determines 
        that the project meets the requirements of this section.
          (2) Review.--Before approving or disapproving a project, the 
        Secretary shall--
                  (A) request and consider written comments on the 
                proposal from each Federal agency, State, or local 
                government that will be affected by the project or that 
                has jurisdiction over the area within which the project 
                will be conducted, including the relevant regional 
                fishery management councils established under the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.);
                  (B) provide for the merit-based peer review of the 
                proposal, require standardized documentation of that 
                peer review, and consider any comments or 
                recommendations resulting from such review; and
                  (C) consider the proportion of non-Federal matching 
                funds that will be used for the project so as to 
                maximize Federal grants for the greatest number of 
                meritorious projects.
          (3) Notification.--The Secretary shall--
                  (A) not later than 6 months after receiving a project 
                proposal under this section, provide written 
                notification of the approval or disapproval of the 
                project to the applicant; and
                  (B) in the case of an approved project, publish 
                notice of project approval in the Federal Register 
                prior to making a grant under this section for the 
                project.
  (f) Matching Funds.--
          (1) In general.--Except as provided in paragraph (2), the 
        Secretary may not approve a project under this section unless 
        the Secretary determines that there are non-Federal 
        contributions available to cover at least 50 percent of the 
        total cost of the project. The non-Federal contribution may be 
        made in the form of in-kind contribution of goods and services.
          (2) Exception.--(A) Of amounts appropriated for grants under 
        this section, the Secretary may reserve up to 5 percent for 
        grants for small projects for which less than 50 percent of the 
        cost will be covered by non-Federal contributions.
          (B) The Secretary may make a grant of funds under this 
        paragraph for a small project only if--
                  (i) the project is proposed by and will be carried 
                out by a local or State government;

[[Page 6]]

                  (ii) the total cost of the project is less than 
                $20,000; and
                  (iii) the Secretary determines that the grantee does 
                not have the ability to provide at least 50 percent 
                matching funds or in-kind contributions.
  (g) Implementation Regulations or Guidelines.--Within 180 days after 
the date that the Coral Reef Task Force publishes the national coral 
reef action strategy under section 4(b)(1), the Secretary shall 
promulgate any regulations or guidelines necessary to implement this 
section. In developing such regulations and guidelines, the Secretary 
shall provide for appropriate public notice and comment.
  (h) Project Reporting.--The Secretary shall require that each grantee 
under this section submit periodic reports, as the Secretary considers 
necessary, to document and evaluate the success of coral reef 
conservation projects funded under this Act.
  (i) Grant Program Effectiveness Report.--Not later than 3 years after 
the date of enactment of this Act, the Secretary, in consultation with 
the Coral Reef Task Force, shall submit to the Congress a report that 
documents the effectiveness of the grant program under this section in 
implementing the national coral reef action strategy published pursuant 
to section 4(b)(1). The report shall include a State-by-State summary 
of projects funded under this section and a summary of Federal and non-
Federal contributions toward the costs of each project.

SEC. 6. CONSERVATION ACTIVITIES BY SECRETARY OF COMMERCE.

  (a) In General.--Subject to the availability of appropriations, the 
Secretary may conduct activities to conserve coral reefs and coral reef 
ecosystems, that are consistent with this Act, the strategy published 
by the Coral Reef Task Force under section 4(b)(1), and the National 
Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, and 
the Magnuson-Stevens Fishery Conservation and Management Act.
  (b) Authorized Activities.--Activities authorized under subsection 
(a) include--
          (1) mapping, monitoring, assessment, restoration, and 
        scientific research that benefits the understanding, 
        sustainable use, and long-term conservation of coral reefs and 
        coral reef ecosystems;
          (2) enhancing public awareness, education, understanding, and 
        appreciation of coral reefs and coral reef ecosystems; and
          (3) providing assistance to States in implementing 
        conservation measures and removing abandoned fishing gear, 
        marine debris, and abandoned vessels from coral reefs to 
        conserve living marine resources.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act $14,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004.
  (b) Coral Reef Conservation Assistance Grants.--Amounts appropriated 
under subsection (a) and used for coral reef conservation assistance 
under section 5 may remain available until expended. The Secretary 
shall ensure that coral reef conservation assistance provided under 
section 5 is distributed so that--
          (1) not less than 40 percent of the funds available for each 
        fiscal year are awarded for coral reef conservation projects in 
        the Pacific Ocean; and
          (2) not less than 40 percent of the funds available for each 
        fiscal year are awarded for coral reef conservation projects in 
        the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
  (c) Administration.--Of the amounts appropriated under subsection 
(a), not more than the lesser of $1,000,000, 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.
  (d) National Coral Reef Activities.--Of the amounts appropriated 
under subsection (a), no more than 25 percent may be used by the 
Secretary for activities under section 6(b).
  (e) Coral Reef Task Force.--There are authorized to be appropriated 
to each of the Secretary and the Secretary of the Interior $500,000 for 
each of fiscal years 2001 through 2004 to carry out the 
responsibilities of the Coral Reef Task Force under section 4.
  (f) Coral Disease Center.--There are authorized to be appropriated to 
the Secretary $1,000,000 for each of fiscal years 2001 through 2004 to 
establish a Coral Disease Center in the United States Virgin Islands in 
cooperation with the Institute of Carribean Marine Studies and other 
Federal agencies. Such Center shall focus on coral health issues and 
shall coordinate scientific efforts throughout the United States to 
characterize, understand, and control coral diseases.

[[Page 7]]

                          PURPOSE OF THE BILL

    The purposes of H.R. 3919 are to provide assistance for the 
conservation of coral reefs, to coordinate federal coral reef 
conservation activities, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Coral reefs are among the world's most biologically diverse 
and productive ecosystems. Coral reefs provide habitat for one-
third of all marine fish species, protect coastlines from waves 
and storms, provide opportunities for fishing, support tourism 
worth billions of dollars, and harbor organisms that are 
important for various pharmaceutical products. Over the past 
few decades, public awareness of coral reefs has risen in 
response to the escalating loss of coral ecosystems. Worldwide, 
it is estimated that 10 percent of coral reefs are degraded 
beyond recovery and another 30 percent are in such critical 
condition that they require immediate attention to prevent 
their loss. Several federal agencies have jurisdiction for 
managing different aspects of coral and coral reefs. 
Congressional action is needed to ensure the effective 
coordination of federal management activities and to provide 
assistance to carry out coral reef conservation projects.
    Corals are found in all oceans of the world from the 
tropics to the polar regions, but not all coral species are 
reef builders. Reef-building (or stony) corals are of the order 
Scleractinia in the class Anthozoa of the phylum Cnidaria. 
Approximately 6,000 species of Anthozoans exist in the marine 
environment. Coral reefs are formed by tiny colonial animals 
(called coral polyps) that secrete a hard calcium carbonate 
skeleton as they grow. Living coral is found only on the 
surface of the skeletal structure, and actually consists of two 
distinct organisms, formed by a symbiotic relationship between 
an animal (coral polyp) and a plant (algae). These intertwined 
organisms require warm, nutrient poor water that is free of 
sediments to flourish. Coral reefs are widely distributed in 
relatively shallow tropical and equatorial waters around the 
globe, typically occurring between 30 degrees North and South 
latitude. Although corals can be found from the water's surface 
to depths of 19,700 feet, reef-building corals are generally 
found at depths of less than 150 feet where sunlight 
penetrates. The United States has jurisdiction over coral reef 
ecosystems covering over 17,000 square kilometers within the 
boundary of the 200-mile exclusive economic zone (EEZ). 
Approximately 90 percent of these reefs are located in the 
Western Pacific Ocean, including marine areas surrounding 
American Samoa, Guam, Hawaii, and the Commonwealth of the 
Northern Mariana Islands. Coral reefs are also well-developed 
in the coastal waters surrounding Florida, Puerto Rico and the 
U.S. Virgin Islands.
    Coral reefs throughout the world suffer from anthropogenic 
and natural disturbances. Human activities including 
destructive fishing practices (such as the use of explosives 
and poisons), nutrient enrichment (eutrophication), increasing 
tourism pressure, and the physical destruction of reefs by 
vessel groundings contribute to the deterioration of coral reef 
ecosystems. Dramatic natural events such as hurricanes can also 
damage coral reefs. Coral reefs are biologically complex yet 
delicate ecosystems that are sensitive to

[[Page 8]]

changes in temperature, salinity, sediment deposition, and 
nutrients. Scientists believe that changes in natural 
conditions coupled with anthropogenic factors can place severe 
biological stress on the coral organisms, making them more 
susceptible to diseases such as white plague and black band. In 
1998, coral reefs worldwide displayed wide spread 
``bleaching'', which scientists believe was caused in part by 
warmer than normal sea surface temperature due to a strong El 
Nino event. Bleaching occurs when the algae living within the 
coral die or are ejected and is an indicator of biological 
stress. Bleaching, coral disease, and the physical destruction 
of coral reefs are all manifestations of declining coral 
health.
    Healthy coral reefs are vital to coastal economies and 
serve as the economic base for many coastal communities 
throughout the United States. Coral reef related tourism is 
important in the Florida Keys, Hawaii, and many other U.S. 
Insular Areas. Coral reefs also support nearly one-half of the 
federally-managed species of fish that are important in 
recreational, commercial, and subsistence fisheries. Coral 
reefs are home to many marine organisms that are becoming 
increasingly valued by the biomedical and pharmaceutical 
industries. For example, a chemical compound derived from 
Caribbean reef sponges is the active ingredient in medicines 
widely used in cancer chemotherapy treatment. Finally, coral 
reefs provide natural protection to the U.S. coastline by 
reducing the energy from incoming waves from hurricanes and 
storm surges by up to 97 percent. This reduction in wave energy 
translates into a savings of both human lives as well as 
dollars from property that was spared destruction from severe 
storms.
    Three years ago, the international community of scientists, 
policy makers, natural resource managers and coral reef 
advocates were successful in having the United Nation designate 
1997 as the International Year of the Reef (IYOR). The goal of 
IYOR was to promote research on and public awareness of issues 
pertaining to coral reef ecosystems, including the need for 
improved monitoring of coral reef health and increased 
financial assistance for coral reef conservation at the local 
level. The House of Representatives passed H.R. 2233 on 
November 13, 1997, which was introduced by the Chairman of the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans, 
Jim Saxton (R-NJ), to create an assistance fund for coral reef 
conservation and restoration projects. The Senate did not act 
on this legislation during the 105th Congress. On June 11, 
1998, the President signed Executive Order 13089 which 
established a U.S. Coral Reef Task Force to coordinate federal 
agency activities and to develop a comprehensive plan for the 
protection, restoration and sustainable use of U.S. coral 
reefs.
    Effective conservation of coral reefs requires the 
cooperation of several federal agencies as well as State and 
Territorial governments. Several federal agencies, including 
the National Oceanic and Atmospheric Administration (NOAA) and 
the Department of the Interior, the States and Territories, and 
local governments all have various levels of responsibility for 
managing coral reef ecosystems. NOAA is the primary federal 
steward for marine and coastal resources, and is responsible 
for carrying out mapping, monitoring and research important for 
understanding coral reefs and managing marine ecosystems. NOAA, 
in cooperation with the Regional Fishery Management Councils, 
is also the agency des

[[Page 9]]

ignated to manage marine fisheries in the EEZ, including coral 
reefs under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). The Department of the 
Interior manages coral reefs within the boundaries of National 
Parks, National Seashores, National Wildlife Refuges, and other 
public lands. Unfortunately, the lack of coordination among the 
responsible government agencies has hindered coral reef 
conservation efforts. Further, there is a scarcity of 
monitoring data and knowledge about the status of many of the 
world's reefs. This information isimportant for tracking the 
health of coral reefs, and addressing the needs of the most critical 
coral reef areas.

Summary of legislation

    H.R. 3919, the Coral Reef Conservation and Restoration 
Partnership Act, builds upon earlier coral reef conservation 
efforts and addresses the need for greater coordination and 
cooperation among the relevant authorities. H.R. 3919 combines 
provisions from two earlier coral reef bills introduced during 
the 106th Congress: H.R. 2903, introduced by Congressman Jim 
Saxton (R-NJ), and H.R. 3133, introduced by Congressman Eni 
Faleomavaega (D-AS). H.R. 3919 represents a bi-partisan effort 
to establish a comprehensive coral reef conservation program. 
H.R. 3919 authorizes a total of $64 million over fiscal years 
2001 through 2004 to support the Coral Reef Task Force, 
establish a coral reef conservation grant program, and fund 
NOAA's ongoing management activities under a national coral 
reef program, including a national coral reef disease center.
    H.R. 3919 provides a statutory framework for a permanent 
Coral Reef Task Force (CRTF). Initially created by Executive 
Order 13089, the Task Force is co-chaired by the Secretary of 
Commerce and the Secretary of the Interior, and includes the 
Governors of the States and Territories, and other federal 
agency and department heads with significant interest in coral 
reef management. The Committee intends that the CRTF continue 
to coordinate federal, State and Insular Area activities 
related to coral reef management, avoid duplication of 
management efforts, and develop comprehensive solutions and 
policies for conserving coral reefs. The CRTF is directed to 
submit to Congress a coral reef action strategy. The Committee 
expects that the CRTF will rely on the National Action Plan to 
Conserve Coral Reefs adopted at the March 2, 2000, CRTF meeting 
to prepare this strategy. The CRTF is also directed to prepare 
a comprehensive mapping, monitoring and assessment plan. The 
CRTF has already completed much of the preliminary work for 
this effort, and this information should be incorporated into 
the comprehensive plan. Once the national strategy is 
finalized, all federal agencies are required to comply with the 
strategy to the maximum extent practicable. The Committee does 
not intend that the CRTF have the authority to review federal 
agency actions that may impact coral reefs, nor does it intend 
that this provision place additional regulatory burden on any 
federal agency above and beyond existing statutory 
requirements. The Committee expects that each agency will use 
its existing authorities to carry out the national coral reef 
action strategy.
    The primary focus of H.R. 3919 is to establish a coral reef 
conservation and restoration grant program. The grant program 
is in

[[Page 10]]

tended to improve the conservation, understanding, and 
sustainable use of coral reef ecosystems. This program will 
compliment existing restoration plans and foster greater local, 
State, and Territorial involvement in coral reef conservation. 
Assistance provided under this bill should be used for on-the-
ground conservation projects, as defined in the bill, and not 
for additional planning or administrative expenses. Eligible 
grantees include States, Territories, local governments, 
educational institutions, and nongovernmental organizations 
(NGOs) with demonstrated experience in coral reef conservation. 
H.R. 3919 requires non-federal sponsors to provide up to 50 
percent of the cost of the project, and allows the Secretary of 
Commerce to waive the match requirement in certain instances. 
NGOs are not eligible for the reduced match grants. The 
Committee believes that it is important for nongovernmental 
partners to provide the full financial match because the grants 
are not intended to replace other fund-raising activities 
carried out by NGOs.
    H.R. 3919 is focused on providing assistance to conserve 
the biogeographic features of coral reef ecosystems. Funds 
provided under this bill should not be used for non-reef 
building coral species that are not commonly considered to be 
coral reefs by scientists. Further, grants under H.R. 3919 are 
not intended to develop new federal mechanisms to regulate the 
harvest and trade of coral species, but such grants may be used 
by non-federal partners to improve compliance with existing 
laws designed to protect coral reefs. The Secretary has 
discretion in determining which projects will receive funding, 
but the Secretary is required to consult with the Regional 
Fishery Management Councils, States, local governments, and the 
scientific community to determine if a project merits funding. 
The Committee expects that the Secretary will establish a 
procedure for providing scientific peer-review of project 
proposals. Restoration of natural systems is an emerging 
science, and the Committee anticipates that many of these 
projects will be new and innovative. Therefore, the Committee 
encourages the Secretary to require applicants to include long-
term monitoring components with their restoration projects to 
provide data for evaluating project success or failure. This 
information should be shared with the scientific community to 
improve future projects.
    Finally, H.R. 3919 authorizes the Secretary of Commerce to 
undertake coral reef conservation activities directly related 
to NOAA's authorities as the primary federal steward of marine 
resources, including the Magnuson-Stevens Fishery Conservation 
and Management Act, the National Marine Sanctuary Act, the 
Coastal Zone Management Act, and other laws. The Committee 
expects that these activities will be carried out under 
existing programs to the maximum extent possible, provide long- 
range benefits to the nation's coral reefs, and result in 
improved understanding of the nation's coral reef ecosystems. 
The Committee feels that sound scientific information regarding 
the status of coral reefs is lacking, and encourages NOAA and 
the CRTF to focus their resources on mapping and monitoring to 
develop an adequate baseline of coral reef data. The Committee 
expects that the Secretary of Commerce will use existing 
programs within NOAA, such as the National Ocean Service's 
Office of Response and Restoration and the Na

[[Page 11]]

tional Marine Fisheries Service's Restoration Center, to carry 
out the provisions of this bill.
    The Committee is authorizing $1 million to support the 
start-up and annual operation costs of a ``virtual center'' for 
the coordination of coral reef disease research efforts 
throughout the United States and for the establishment of 
adequate facilities for field research in the U.S. Virgin 
Islands. The Committee expects that the Secretary will use the 
Institute of Carribean Marine Studies (ICMS) and other 
interagency agreements to carry out this provision. The ICMS 
features interagency partnerships with the Department of the 
Interior, NOAA, and the Consortium of Caribbean Marine Studies. 
The Consortium consists of the University of the Virgin 
Islands, the University of North Carolina-Wilmington, the 
University of South Carolina, and Rutgers. The coral disease 
center will promote coordination of coral reef research and 
monitoring efforts, particularly related to coral health and 
coral diseases which are devastating reefs throughout the 
Caribbean and the Pacific.

Fishery management

    The Committee supports efforts to maximize government 
efficiency in managing coral reefs and intends that each member 
of the Task Force use its existing authorities and expertise to 
accomplish the purposes of this bill. The Committee is 
concerned that the Administration has been unable to reconcile 
the existing authorities of the Secretary of Commerce and the 
Secretary of the Interior as they pertain to fisheries 
management in coral reef ecosystems. In particular, the 
Committee is concerned with the perception that the Magnuson-
Stevens Fishery Conservation and Management Act (MSFCMA, 16 
U.S.C. 1801 et seq.) does not have equal weight with other 
natural resources management laws. The Committee does not share 
this view, and expects that the CRTF will continue to follow 
the provisions of the MSFCMA in developing its strategies and 
implementing coral reef conservation initiatives. The 
provisions of the MSFCMA, as they pertain to fisheries 
management in the federal waters of the U.S. EEZ, are clear.
    Paragraph 2(b)(1) of the MSFCMA states that it is the 
purpose of the Congress ``to take immediate action to conserve 
and manage the fishery resources found off the coasts of the 
United States, and the anadromous species and Continental Shelf 
fishery resources of the United States, by exercising (A) 
sovereign rights for the purpose of exploring, exploiting, 
conserving and managing all fish within the exclusive economic 
zone *  *  *'' (emphasis added). Further, paragraph 2(c)(7) of 
the MSFCMA states that it is the policy of Congress that 
``fishery resources adjacent to a Pacific Insular Area, 
including resident or migratory stocks within the exclusive 
economic zone adjacent to such areas, be explored, developed, 
conserved, and managed for the benefit of the people of such 
area and of the United States.'' (emphasis added). Congress 
clearly intended that the MSFCMA apply to corals and coral reef 
fisheries. Section 3(11) defines the term ``fish'' to mean 
``finfish, mollusks, crustaceans, and all other forms of marine 
animal and plant life other than marine mammals and birds.'' 
Further, coral species are included in the term ``Continental 
Shelf fishery resources'' under paragraph (7) of that section.

[[Page 12]]

    Article IV of the Constitution gives Congress the power to 
``dispose of and make all needful Rules and Regulations 
respecting the Territory or other Property belonging to the 
United States * * *,'' The term ``Property'' as it is used in 
this context includes submerged lands and natural resources, 
such as fisheries. In many cases, Congress has delegated its 
property management authority to the President. The authority 
to carry out the MSFCMA is delegated to the Secretary of 
Commerce (16 U.S.C. 1802(34)). In practice, the MSFCMA 
establishes regional fishery management councils to develop 
fishery management plans (16 U.S.C. 1852(h)). The regional 
councils are required to prepare and submit to the Secretary 
fishery management plans for each fishery under their 
jurisdiction that ``are necessary and appropriate for the 
conservation and management of the fishery to prevent 
overfishing and rebuild overfished stocks, and to protect, 
restore, and promote the long-term health and stability of the 
fishery.'' (16 U.S.C. 1853 (a)(1)(A)).
    In the case of the Western Pacific Ocean, the Western 
Pacific Regional Fishery Management Council has ``authority 
over the fisheries (and coral reef species) in the Pacific 
Ocean seaward of [Hawaii, American Samoa, Guam, and the 
Northern Mariana Islands].'' (16 U.S.C. 1852(a)(1)(H)). 
Further, the MSFCMA defines ``Pacific Insular Area'' to include 
``all islands and reefs appurtenant to such island, reef, or 
atoll.'' This term cannot be read to exclude wildlife refuges 
which extend into the marine environment and were designated 
prior to the 1996 MSFCMA amendments (Public Law 104-297) 
because Congress intentionally included these marine areas into 
the definition. Clearly, Congress intended that the regional 
fishery management councils develop fishery management plans 
for corals and coral reef species that occur in the federal 
waters of the EEZ. The MSFCMA does not preclude conservation of 
coral species or the establishment of the no-take marine 
reserves. Rather, the MSFCMA establishes a public process, 
based on sound science, to determine the best way to protect, 
restore, and promote the long term health of these species.
    The Committee does not disagree that Congress has delegated 
authority to the Secretary of the Interior to manage certain 
federal lands, including national wildlife refuges, under other 
statutes. In particular, the National Wildlife Refuge System 
Administration Act (NWRSAA, 16 U.S.C. 668dd et seq.) gives the 
Secretary of the Interior broad authority to manage national 
wildlife refuges to fulfill the stated mission of the System: 
the conservation, management, and restoration of fish, wildlife 
and plant resources of the United States. In recognition of 
this role, the Committee has designated the Secretary of the 
Interior as a co-chair of the CRTF. It is the Committee's 
understanding that there are 11 wildlife refuges with 
boundaries that extend seaward of State or Territorial seas 
into the federal waters of the EEZ. By regulation, commercial 
fishing is prohibited in all, and recreational fishing is 
prohibited in seven, of these refuges. The Secretary of the 
Interior relies on the broad authorities granted under the 
NWRSAA to control access to and establish regulations regarding 
the natural resources found within a refuge boundary. In the 
case of refuges extending into the federal waters of the EEZ, 
the Secretary of the Interior has claimed that these 
regulations override fishery management plans and required

[[Page 13]]

no consultation with the relevant regional fishery management 
council.
    The Committee does not believe that fishing activities in 
the federal waters of the EEZ should be prohibited without the 
advice and input of the appropriate regional fishery management 
council under the procedures established in the MSFCMA. The 
Committee disagrees that the MSFCMA is subservient to the 
NWRSAA. Nowhere in the MSFCMA is there a stated exclusion of 
applicability for areas in the EEZ that are managed by another 
federal agency. Likewise, the NWRSAA does not automatically 
trump other natural resources management laws. In fact, the 
NWRSAA states that ``Nothing in this Act shall be construed as 
affecting the authority, jurisdiction, or responsibility of the 
several States to manage, control, or regulate fish and 
resident wildlife under State law or regulations in any area 
within the System. Regulations permitting hunting or fishing of 
fish and resident wildlife within the System shall be, to the 
extent practicable, consistent with State fish and wildlife 
laws, regulations, and management plans.'' (16 U.S.C. 
688dd(m)). Since the States do not have authority to control or 
regulate fishing in the federal waters of the EEZ, Congress has 
delegated this authority to the Secretary of Commerce.
    The Committee believes that Congress did not intend the 
NWRSAA to apply to marine refuges in the federal waters of the 
EEZ, and questions whether the Department of the Interior has 
the authority to establish wildlife refuges in these waters. 
H.R. 3919 does not address this issue but rather clarifies how 
coral reef fisheries in the federal waters of the EEZ should be 
managed. Regardless of existing authority to establish such 
refuges, the NWRSAA clearly states that the System shall be 
administered in a manner that will complement the efforts of 
States and other federal agencies to conserve fish andwildlife 
and their habitats. Specifically, the Secretary of the Interior is 
directed to ``continue, consistent with existing laws and interagency 
agreements, authorized or permitted uses of units of the System by 
other Federal agencies *  *  *'' (16 U.S.C. 668dd(a)(4)(L)). Further, 
the determination of whether a use such as commercial fishing in the 
federal waters of the EEZ is compatible with the purpose of the refuge 
does not apply to ``activities authorized, funded, or conducted by a 
Federal agency (other than the United States Fish and Wildlife Service) 
which has primary jurisdiction over a refuge or a portion of a refuge, 
if the management of those activities is in accordance with a 
memorandum of understanding between the Secretary or the Director and 
the head of the Federal agency with primary jurisdiction over the 
refuge governing the use of the refuge.'' (16 U.S.C. 668dd(d)(4)(B)).
    Congress has given primary authority for fishery management 
in the federal waters of the exclusive economic zone to the 
Secretary of Commerce through the MSFCMA. If the Secretary of 
the Interior establishes a wildlife refuge in the federal 
waters of the EEZ, this refuge must be managed consistent with 
other laws, including the MSFCMA. The implementation of these 
two statutes is not mutually exclusive. To assist in the 
implementation of the coral reef action strategy and to improve 
cooperation among the two federal agencies in question, H.R. 
3919 clarifies that the Secretary of Commerce retains the 
authority for managing coral reef ecosystem fish

[[Page 14]]

eries in the federal waters of the exclusive economic zone 
under the MSFCMA.
    H.R. 3919 does not limit the Secretary of the Interior's 
authority to establish or manage national wildlife refuges 
under the NWRSAA. Instead, H.R. 3919 sets up a process for 
allowing the two agencies to work together to further the goal 
of coral reef conservation. The Committee envisions a situation 
similar to the one that occurs in other ``overlay'' refuges 
where the Secretary of the Interior and the Secretary of 
Defense share management responsibilities for federal lands. 
Where a wildlife refuge has been established in the EEZ, the 
Secretary of the Interior and the Secretary of Commerce should 
enter into a memorandum of understanding on how the corals and 
fish within the refuge will be managed. Under H.R. 3919, if a 
wildlife refuge is established in an area currently regulated 
under a fishery management plan pursuant to the MSFCMA, the 
Secretary of the Interior is required to prepare comprehensive 
refuge management plan consistent with this fishery management 
plan. If a refuge is established in an area where no fishery 
management plan exists, the Secretary of Commerce is required 
to consult with the Secretary of the Interior on the 
development and implementation of any new fishery management 
plan. H.R. 3919 allows the Secretary of Commerce to delegate 
the authority to manage fish in a refuge in the federal waters 
of the EEZ to another federal official, including the Secretary 
of the Interior, in cases where such delegation is appropriate. 
If the relevant regional fishery management council determines 
that the policies and purposes of MSFCMA could be best 
accomplished under the Secretary of the Interior's refuge 
regulations, the council can prepare a fishery management plan 
or plan amendment that will delegate this authority to the 
Secretary of the Interior.
    It is the Committee's interpretation that section 4(c) of 
H.R. 3919 is consistent with all provisions of current law, 
including the NWRSAA and the MSFCMA. This provision does not 
grant any new authority to the Secretary of Commerce or 
eliminate any of the Secretary of the Interior's current 
authority. This provision simply ensures that the coordination 
provisions required under the NWRSAA will be implemented in a 
manner consistent with the MSFCMA and in such a manner as to 
ensure public input. This provision also helps to ensure that 
the national action strategy will be consistent with existing 
fishery management plans developed by the regional fishery 
management councils and approved by the Secretary of Commerce.

                            COMMITTEE ACTION

    H.R. 3919 was introduced on March 14, 2000, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife, and Oceans. On October 21, 
1999, the Subcommittee held a hearing on a related bill, H.R. 
2903. On March 23, 2000, the Subcommittee met to mark up H.R. 
3919. No amendments were offered and the bill was ordered 
favorably reported to the Full Committee by voice vote. On June 
20, 2000, the full Resources Committee met to consider the 
bill. Chairman Don Young (R-AK) offered an amendment in the 
nature of substitute that made a number of technical and 
clarifying corrections, re

[[Page 15]]

quired all federal agencies to minimize actions that degrade 
coral reefs, established a process for managing coral reef 
fisheries in the exclusive economic zone according to the 
provisions of the MSFCMA, required the CRTF to submit a report 
on implementation of the bill within two years, allowed NOAA to 
provide assistance to States to implement coral reef 
conservation measures, and increased the authorization by an 
additional $1 million a year to establish a coral disease 
center in the U.S. Virgin Islands. Congressman Neil Abercrombie 
(D-HI) offered an amendment to the Young substitute amendment 
that expanded the definitions of ``coral'' and ``coral reefs'' 
to include other coral species that are found in Hawaii. The 
amendment was approved by voice vote. Congressman Eni 
Faleomavaega (D-AS) offered an amendment to the Young 
substitute amendment that replaced the language pertaining to 
coral reef fisheries management. The amendment was defeated by 
voice vote.
    The amendment in the nature of a substitute, as amended, 
was then approved by voice vote. The bill as amended was then 
ordered favorably reported by voice vote to the House of 
Representatives.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title is the ``Coral Reef Conservation and 
Restoration Partnership Act of 2000.''

Section 2. Purposes

    The purposes of the bill are: to maintain and restore the 
health of coral reef ecosystems; to promote the wise management 
and long-term sustainable use of coral reef ecosystems to 
benefit local communities and the nation; to promote 
cooperative coral reef conservation projects that involve 
affected local communities and nongovernmental organizations; 
to address conflicts between coral reef uses; to enhance 
compliance with laws that prohibit or regulate the taking of 
corals, species associated with coral reefs, and coral 
products, or laws that regulate the use and management of coral 
reef ecosystems; to develop sound scientific information on the 
condition of coral reef ecosystems and the threats to such 
ecosystems; and to coordinate activities and programs related 
to coral reefs that are conducted, funded, or authorized by the 
federal government, including coral reef conservation, research, 
mapping, monitoring, assessment, and restoration.

Section 3. Definitions

    Section 3 defines the following terms: coral, coral reef, 
coral reef conservation, coral products, coral reef ecosystem, 
Coral Reef Task Force, Secretary, and State. The term ``coral'' 
includes a list of coral species of the phylum Cnidaria from a 
variety of orders, including the reef-building order 
Scleractinia and other corals of the orders Antipatharia, 
Alcyonacea, Gorgonacea, Stolinefera, Coenothecalia, 
Hydrocorallina, and Zoanthidae. The term ``coral reef'' is 
limited to those biogeographic features that are created by 
living coral, and means any reef or shoal comprised primarily 
of the skeletal material of species of one or more of the 
orders Scleractinia (hard or stony corals), Antipatharia (black 
corals), Gorgonacea (horny cor

[[Page 16]]

als), and Zoanthidae (gold corals). The term ``State'' includes 
any State, Territory, Insular Area, or freely associated State 
of the United States that contains coral reef ecosystems within 
its boundaries, including American Samoa, Guam, the Northern 
Mariana Islands, Puerto Rico, the Virgin Islands, and the 
Marshall Islands.

Section 4. Coordination of Federal agencies

    Section 4 gives statutory authority to the Coral Reef Task 
Force (CRTF), which was originally established by the President 
in Executive Order 13089. Section 4 does not establish a new 
task force, but recognizes the ongoing efforts of the CRTF and 
authorizes CRTF activities. The Task Force is co- chaired by 
the Secretary of the Interior and the Secretary of Commerce 
(acting through NOAA). Other members include the Administrator 
of Environmental Protection Agency, Attorney General, Secretary 
of Agriculture, Secretary of Defense, Secretary of State, 
Secretary of Transportation, Director of the National Science 
Foundation, Administrator of the Agency for International 
Development, and the Administrator of the National Aeronautics 
and Space Administration. The co- chairs may jointly designate 
the head of any other federal agency or the Governor of any 
State or Territory to serve on the Task Force.
    The duties of the Coral Reef Task Force are: to coordinate 
all federal activities related to coral reefs, and facilitate 
the resolution of interagency and intergovernmental conflicts 
associated with the use and conservation of coral reefs; to 
develop and coordinate consistent national policies, 
strategies, plans, programs, projects, activities, and 
priorities for the conservation and protection of United States 
coral reefs and coral reef ecosystems; to develop and 
coordinate a research program to identify the major causes and 
consequences of degradation of coral reef ecosystems, improve 
the understanding of coral reef health and diseases, and 
identify solutions and procedures to repair and restore coral 
reefs; to develop and promote strategies and actions for the 
conservation and sustainable use of coral reef resources 
worldwide, including the sharing of information, collaborative 
research, and monitoring efforts; and to develop and recommend 
solutions to reduce or eliminate unsustainable fishing 
practices on coral reefs worldwide.
    In carrying out its duties, the CRTF may consult with the 
scientific community and local governments on coral reef 
conservation issues, and may establish advisory committees and 
workgroups as necessary to assist with its duties. To the 
extent that such organizations exist, the CRTF is directed to 
use existing advisory groups that include a broad range of 
private and public interests. The CRTF may also consult with 
the regional fishery management councils established under the 
Magnuson-Stevens Fishery Conservation and Management Act on 
issues that affect the management of coral reef fisheries in 
the EEZ. The co-chairs are authorized to provide administrative 
support to the CRTF as necessary to carry out its duties. 
Section 4 directs that all federal agencies ensure that their 
activities support and implement the national coral reef action 
strategy developed by the CRTF. To the maximum extent 
practicable, these agencies are directed to make sure that 
their actions will not degrade coral reef ecosystems. 
Exceptions may be allowed during time of war, national 
emergency, for rea

[[Page 17]]

sons of national security, or in a situation that constitutes a 
danger to human life or a real threat to vessels, aircraft, 
platforms or other man-made structures.
    Section 4 requires the CRTF to submit several reports and 
plans to the Committee on Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. The CRTF is directed to submit a 
national coral reef action strategy for the conservation of 
coral reef ecosystems within 180 days. The CRTF may 
periodically review and revise this strategic plan, but 
revisions must also be sent to the Committees. The CRTF is 
required to submit a biennial report to the Committees 
describing federal agency activities to implement the strategy. 
These ``state of the coral reefs'' reports must describe of all 
federal activities and expenditures undertaken to implement the 
strategy. Section 4 also requires the CRTF to submit to 
Congress a plan to implement a coordinated United States coral 
reef mapping, monitoring, and assessment program. The plan is 
due no later than one year from the date of enactment of the 
bill. The plan shall include a description of existing federal 
mapping efforts, estimated costs to the federal government, 
processes to incorporate data from multiple sources and ensure 
data quality, and a pilot project to implement a national 
mapping, monitoring and assessment program.
    Finally, section 4 clarifies that coral reef ecosystem fish 
in federal waters of the U.S. EEZ outside of State and 
Territorial seas will continue to be managed under the MSFCMA. 
Section 4 clarifies that the Secretary of Commerce retains the 
exclusive authority in the federal government for the 
management of fisheries in the EEZ. The Secretary of Commerce 
may delegate this authority to any other federal official by a 
memorandum of understanding where appropriate and necessary. 
Section 4 does not prohibit the Secretary of the Interior from 
establishing national wildlife refuges pursuant to existing 
authorities in the National Wildlife Refuge System 
Administration Act of 1966, but it also does not give the 
Secretary of the Interior any new authority to designate a 
national wildlife refuge. In cases where existing wildlife 
refuges overlap with federal waters in the EEZ, the Secretary 
of the Interior must manage the refuge consistent with existing 
fishery management plans. If no fishery management plan exists, 
the Secretary of Commerce must consult with the Secretary of 
the Interior to develop and implement any fishery management 
plan that will apply to federal waters in the EEZ that are 
included within the boundary of a wildlife refuge. Section 4 
does not require the Secretary of Commerce to develop a fishery 
management plan for wildlife refuges in the EEZ. Rather, 
section 4 clarifies that if such a plan is developed, the 
Secretary of the Interior must be consulted. The Committee 
intends that nothing in this legislation would affect State and 
Territorial waters or National Parks or National Wildlife Refuges 
within State or Territorial waters.

Section 5. Coral reef conservation assistance

    Section 5 establishes a matching grant program for local 
coral reef conservation projects. The grant program is 
administered by the Secretary of Commerce. Eligible project 
partners must contribute at least 50 percent of the total cost 
of the project. Eligible project partners include State and 
local governments with jurisdic

[[Page 18]]

tion over coral reefs, and nongovernmental (NGO) or educational 
organizations with demonstrated expertise in the conservation 
or restoration of coral reefs. Eligible project partners submit 
project proposals to the Secretary for review and approval. 
Project proposals must include a description of the 
qualifications of the persons responsible for the project, a 
description of the project, an estimate of the project's costs, 
information regarding the source of matching funds, and any 
other information required by the Secretary. If the applicant 
is an NGO or educational organization, the project proposal 
must also include evidence of support for the project by the 
State in which the project will be conducted. Projects proposed 
by eligible partners must meet at least one of the following 
objectives:
          1. Implement measures to protect and restore coral 
        reef ecosystems;
          2. Develop and implement cost-effective methods to 
        restore degraded coral reef ecosystems;
          3. Map the location and distribution of coral reefs;
          4. Develop and implement techniques to monitor and 
        assess the status and condition of coral reefs;
          5. Research factors that cause coral disease and the 
        loss of coral reefs;
          6. Support State and local community law enforcement 
        efforts related to coral reefs;
          7. Assist with conflict resolution and local 
        community outreach related to coral reefs; or
          8. Promote ecologically sound navigation and 
        anchorages near coral reefs.
    Section 5 establishes a process for reviewing project 
proposals. Before approving any project, the Secretary shall 
request and consider written comments from each State or 
Territory that will be affected by the project or that has 
jurisdiction over the area within which the project will be 
conducted. The Secretary must also provide the opportunity for 
peer scientific review of coral reef conservation projects. 
Finally, the Secretary must consider the proportion of non-
federal matching funds that will be used for the project in 
order to maximize the federal grants for the greatest number of 
meritorious projects.
    The Secretary may approve a project only if the grantee 
demonstrates that at least 50 percent of the total project 
costs will be paid with non-federal funds. The Secretary may 
approve a project where the grantee proposes in-kind 
contributions of goods and services in lieu of cash payments to 
match the federal grant dollars. The Secretary may reserve up 
to five percent of the amounts appropriated for coral reef 
conservation grants under this bill for small, flexible match 
projects carried out by local or State governments. Under this 
provision, the Secretary may provide up to 100 percent of the 
cost of the project. Projects eligible for the flexible match 
must be proposed by and carried out by a local or State 
government, each grant cannot exceed a total cost of $20,000, 
and the grantee must demonstrate an inability to provide the 
full 50 percent of the project's costs. NGOs are not eligible 
for flexible match grants. Existing provisions of law provide 
for flexibility in the matching requirements for coral reef 
conservation assistance provided to Insular Areas. Under 48 
U.S.C. 1469a, the Secretary has

[[Page 19]]

the discretion to waive the matching and reporting requirements 
for grants-in-aid made to an Insular Area of the United States 
(including the Virgin Islands, Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Government of the 
Northern Mariana Islands).
    The Secretary is required to provide written notification 
of project approval or disapproval to the applicant within six 
months of receiving a project proposal. If a project is 
approved, the Secretary must also provide notification of the 
project in the Federal Register. Grantees may be required to 
submit periodic reports to the Secretary to document and 
evaluate the success of coral reef conservation projects. Not 
later than three years from the date of enactment of this bill, 
the Secretary is required to submit a report to Congress that 
documents the effectiveness of the grant program in 
implementing the national coral reef action strategy 
established by the CRTF. This report will include a State-by-
State summary of projects funded under this section.

Section 6. Conservation activities by Secretary of Commerce

    Section 6 authorizes the Secretary of Commerce to establish 
a national coral reef conservation program and conduct 
activities to conserve coral reefs and coral reef ecosystems to 
the extent that these activities are consistent with the 
Coastal Zone Management Act, National Marine Sanctuaries Act, 
the Magnuson-Stevens Fishery Conservation and Management Act, 
other relevant statutes, and the national strategy developed by 
the CRTF. Section 6 authorizes NOAA to implement mapping, 
monitoring, assessment, research and education programs that 
benefit the understanding and long-term sustainable use of 
coral reefs and coral reef ecosystems. Section 6 also 
authorizes the Secretary to provide assistance to the States 
(and Insular Areas) to implement conservation measures and to 
remove abandoned fishing gear, marine debris, and abandoned 
vessels from coral reefs when such activities are necessary to 
conserve living marine resources. This section clarifies the 
Secretary's existing authorities, and provides direction to 
assist the Secretary in implementing the strategies and 
policies developed by the CRTF.

Section 7. Authorization of appropriations

    Section 7 authorizes a total of $64 million for coral reef 
conservation over four years. For each of fiscal years 2001 
through 2004, there are authorized to be appropriated $14 
million to the Secretary of Commerce for coral reef 
conservation assistance. Of this amount, no more than 10 
percent of the amounts appropriated (up to a maximum of $1 
million) can be used for program administration and no more 
than 25 percent of the amounts appropriated can be used by the 
Secretary for national program activities under Section 6. 
Section 7 requires that the grants be distributed so that no 
less than 40 percent of the total grants available are awarded 
for projects in the Atlantic and Carribean, and no less than 40 
percent are awarded for projects in the Pacific. The Secretary 
has the discretion to allocate the remaining 20 percent of the 
grant funds. Section 7 also authorizes $1,000,000 in each of 
fiscal years2001 through 2004 to administer the Coral Reef Task 
Force and carry out its functions under Section 4. Of this amount, 
$500,000 each

[[Page 20]]

is appropriated to the Secretary of Commerce and the Secretary of the 
Interior to support their roles as co-chairs of the CRTF. Finally, 
Section 7 authorizes $1 million for the Secretary of Commerce for each 
of fiscal years 2001 through 2004 to establish a national ``virtual 
coral reef disease center'' with facilities in the U.S. Virgin Islands 
to coordinate scientific efforts throughout the U.S. to characterize, 
understand, and control coral disease.

            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

    This bill codifies an existing advisory committee 
established under Executive Order.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 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. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    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:

[[Page 21]]

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3919, the Coral 
Reef Conservation and Restoration Partnership Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Victoria Heid Hall (for state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3919--Coral Reef Conservation and Restoration Partnership Act of 
        2000

    Summary: H.R. 3919 would provide for a coordinated national 
strategy to protect and conserve coral reefs. For this purpose, 
the bill would:
     Establish a permanent Coral Reef Task Force, 
composed of the Secretaries of Commerce and the Interior (co-
chairs), heads of several other federal agencies, and the 
governors of states designated by the co-chairs. The task force 
would coordinate federal programs, national policies, research, 
and other activities related to coral reefs. The group would 
have six months to publish a strategy to protect coral reefs. 
It also would develop a plan for mapping, monitoring, and 
assessing U.S. coral reefs.
     Create a grant program for conservation projects 
carried out by state or local agencies, educational institutes, 
or nonprofit organizations.
     Authorize the National Oceanic and Atmospheric 
Administration (NOAA) to carry out conservation activities such 
as mapping and monitoring, developing public awareness and 
education programs, and providing assistance to states in 
implementing conservation measures and removing abandoned 
vessels and other debris from reefs.
     Codify a requirement in a 1998 executive order 
(pertaining to coral reef protection) that federal agencies 
whose actions may affect a reef ecosystem must, to the maximum 
extent practicable, ensure that its activities will not degrade 
the condition of the reef.
    The bill would authorize the appropriation of $16 million 
for each of fiscal years 2001 through 2004 to carry out these 
purposes. Of this amount, $0.5 million annually would be 
earmarked for each of the two agencies co-chairing the task 
force and $1 million annually would be used to establish the 
Coral Disease Center in the U.S. Virgin Islands. The balance 
would fund conservation, research, and enforcement measures 
taken by NOAA or its grantees.
    H.R. 3919 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA).

[[Page 22]]

    Estimated cost to the Federal Government: Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 3919 would cost the federal government $64 
million through fiscal year 2005. The costs of this legislation 
fall within budget function 300 (natural resources and 
environment). The estimated budgetary impact of H.R. 3919 is 
shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Coral reef protection spending under current law:
    Budget authority \1\........................................       6       0       0       0       0       0
    Estimated outlays...........................................       5       1       0       0       0       0
Proposed changes:
    Authorization level.........................................       0      16      16      16      16       0
    Estimated outlays...........................................       0       8      15      15      16      10
Coral reef spending under H.R. 3919:
    Authorization level.........................................       6      16      16      16      16       0
    Estimated outlays...........................................       5       9      15      15      16      10
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year.

    Basis of estimate: The bill would provide statutory 
authority for the activities of the coral reef protection task 
force, and other activities such as coral reef mapping and 
monitoring, and conservation grants--all of which are currently 
being carried out under Executive Order 13089(June 11, 1998). 
For these activities, NOAA received an appropriation of $6 million for 
fiscal year 2000.
    For this estimate, CBO assumes that H.R. 3919 will be 
enacted during fiscal year 2000 and that the entire amounts 
authorized will be appropriated for each year. Outlays are 
based on historical spending patterns for similar NOAA 
programs.
    Pay-as-you-go considerations: None.
    Estimate impact on state, local, and tribal governments: 
H.R. 3919 contains no intergovernmental mandates as defined in 
UMRA. The bill could benefit state and local governments that 
receive federal assistance to implement coral reef conservation 
measures or that choose to apply for a federal matching grant 
for coral reef projects. Any costs incurred would be voluntary 
on the part of state or local governments.
    Estimate impact on the private sector: The bill contains no 
new private-sector mandates as defined in UMRA.
    Estimated prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Victoria Heid Hall; 
impact on the private sector: Sarah Sitarek.
    Estimated 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

    If enacted, this bill would make no changes in existing 
law.

[[Page (23)]]

                            ADDITIONAL VIEWS

    In general, the Coral Reef Conservation and Restoration 
Partnership Act of 2000 is constructive legislation which we 
support. We agree that the estimated 4,200,000 acres of U.S. 
coral reef resources in the U.S. Exclusive Economic Zone (EEZ) 
and territorial waters are at risk and in dire need of enhanced 
protection, research and management. H.R. 3919 would create a 
much needed comprehensive mechanism to protect the Nation's 
coral reefs and as well support the activities of the U.S. 
Coral Reef Task Force (CRTF) and other stakeholders. However, 
one remaining controversial provision needs to be modified 
before this bill is scheduled for consideration on the House 
floor.
    The Department of the Interior (DOI) has raised significant 
concerns regarding section 4(c) of the bill. According to DOI, 
the language of section 4(c) would restrict, or even prohibit, 
the Secretary of the Interior from using existing statutory 
authorities to designate new protective management areas for 
coral reef resources under the Department's territorial 
jurisdiction. DOI also claims that section 4(c) would undermine 
its management authority in existing coral reef holdings. Such 
a significant change is undesirable. It was our understanding 
that the primary goal of H.R. 3919 was to create a 
comprehensive strategy for the long-term protection of coral 
reef resources. The maximum utilization of all existing Federal 
programs was considered essential to ensure successful 
implementation of this strategy. This bill was never meant to 
diminish the abilities of any of the eleven agencies from fully 
participating on the CRTF now, or in the future. Unfortunately, 
section 4(c) would do just that. Consequently, DOI informs us 
that it will advise the Administration to oppose this otherwise 
worthwhile legislation.
    During the Committee's consideration of the bill, Majority 
members offered allegations of inappropriate jurisdictional 
creep into the marine environment by DOI as their rationale for 
including section 4(c). The Majority also asserted that section 
4(c) simply re-states existing authority vested in the 
Secretary of Commerce, who, through the National Oceanic and 
Atmospheric Administration (NOAA), acts as the principal 
Federal agency responsible for the observation of the ocean 
environment and management of living marine resources. We do 
not disagree that NOAA has a very important role to play in the 
management of coral reefs, but we also believe that DOI has 
been, and should remain, a productive partner. As a result, we 
share DOI's broad concern, and further, we are compelled to 
explain our reservations.
    First, under current law both the Commerce and Interior 
Departments administer programs to manage coral reef resources. 
These programs are authorized under several different enabling 
statutes. However, section 4(c) would grant exclusive authority 
in the Fed

[[Page 24]]

eral government for the management of coral reef ecosystem fish 
in the EEZ to the Secretary of Commerce under the Magnuson-
Stevens Fishery Conservation and Management Act (P.L. 94-265). 
By granting exclusive authority to the Commerce Department for 
coral reef fish, section 4(c) would allow NOAA or the Regional 
Fishery Management Councils to supersede current DOI 
regulations in two National Parks and several National Wildlife 
Refuges. Moreover, the language of 4(c) would likely preempt 
DOI from playing a meaningful role in the future management of 
coral reef resources found either inside the EEZ or straddling 
it. This represents a substantive change in Federal policy. In 
addition, valuable scientific and management contributions 
presently made by DOI agencies, notably the National Park 
Service, the Fish and Wildlife Service, the U.S. Geological 
Survey, and the Office of Insular Affairs would be curtailed or 
caught in bureaucratic entanglements. Considering the vast 
scope of coral reef resources in the EEZ (e.g., an estimated 
17,000 square kilometers), diminishing the future contributions 
of these agencies is inconsistent with our purpose to establish 
a comprehensive Federal coral reef program.
    Secondly, we also are concerned that section 4(c) might 
subjugate the management of marine protected areas within the 
EEZ established by NOAA under the National Marine Sanctuary Act 
(16 U.S.C. 1431 et seq.) to this exclusive Magnuson-Stevens Act 
authority. As stated in the Magnuson-Stevens Act, ``the 
promotion of domestic commercial and recreational fishing, *  *  
* and the preparation and implementation of fishery management 
plans which will achieve *  *  * the optimum yield from each 
fishery'' are expressed purposes. Section 4(c) would thus 
enshrine ``optimal yield'' as the operative management 
philosophy within NOAA for coral reef resources which could, in 
certain instances, conflict with the need for more stringent, 
non-consumptive coral reef protections. The language of section 
4(c) can reasonably be interpreted to compromise the authority 
of the National Marine Sanctuary Program to establish ``no 
take'' ecological reserves within existing marine sanctuaries, 
or for sanctuaries designated in the future that include coral 
reef resources. Also, adherence to an ``optimal yield'' policy 
might only frustrate future efforts to establish ``no-take'' 
areas for 20 percent of all coral reef resources in the EEZ as 
specified in the National Coral Reef Action Plan endorsed by 
the CRTF.
    Third, we consider section 4(c) to be unnecessary 
considering the recent pattern of successful collaboration 
within the CRTF, and in particular, between the Departments of 
Commerce and Interior. The cooperative efforts to develop the 
management plans for the Florida Keys and Flower Garden Banks 
National Marine Sanctuaries, the public scoping process to 
develop the Tortugas Ecological Reserve, development of the 
National Coral Reef Action Plan, and the most recent effort to 
develop a comprehensive management plan for the coral reef 
resources of the Northwest Hawaiian Islands, all demonstrate 
that effective cooperation is not only possible, but a reality. 
We fear that section 4(c) will encourage the worst in 
bureaucratic tendencies and spark unproductive jurisdictional 
turf fights among the participating Federal agencies. Such an 
outcome would be ironic considering that this legislation would 
codify the very CRTF mechanism established by the Administra

[[Page 25]]

tion through Executive Order #13089 to harmonize management 
activities and overcome this ``stove pipe'' mentality. Congress 
should remain extremely cautious to avoid disrupting what 
appears to be a successful cooperative dynamic within the CRTF.
    In closing, we are disappointed that we were unable to 
reach agreement on acceptable alternative language for section 
4(c) before this bill was ordered reported by the Committee. 
This legislation is important. We believe it vital that the 
future management of our Nation's widespread and complex coral 
reef resources incorporate the ingenuity, creativity and 
resources of all Federal agencies, States, Insular Areas and 
other non-Federal stakeholders. To resolve this impasse, 
section 4(c) should be struck or amended to return the focus of 
coral reef management to its most appropriate forum: the CRTF. 
The CRTF process allows for participation by all relevant 
Federal agencies, ensures the collaboration of other public and 
private stakeholders, and best ensures that future decisions 
regarding coral reef management options are conducted in an 
open, publicly accessible forum. If the majority finds it 
necessary to either strengthen or weaken the statutory 
authorities of either the Secretaries of Commerce or Interior 
in regards coral reef management, we contend that this bill is 
not the appropriate vehicle.

                                   George Miller.
                                   Frank Pallone, Jr.
                                   Carlos Romero-Barcelo.
                                   Joseph Crowley.
                                   Rush Holt.
                                   Eni Faleomavaega.
                                   Grace F. Napolitano.
                                   Mark Udall.
                                   Dale E. Kildee.

                                

```