U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

1st Session 

REPORT

2005

109–182 

Calendar No. 294 

CORAL REEF CONSERVATION ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1390 

NOVEMBER 17, 2005.—Ordered to be printed 


E:\Seals\Congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

TED STEVENS, Alaska, Chairman 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN MCCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA SUTHERLAND, Staff Director 

CHRISTINE DRAGER KURTH, Deputy Staff Director 

DAVID RUSSELL, Chief Counsel 

MARGARET CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL WHITEHORN, Democratic Deputy Staff Director and General Counsel 

Calendar No. 294 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–182 

CORAL REEF CONSERVATION ACT OF 2005 

NOVEMBER 17, 2005.—Ordered to be printed 

Mr. STEVENS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1390] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1390) to reauthorize the Coral Reef 

Conservation Act of 2000, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1390, the Coral Reef Conservation Amendments Act of 2005, as reported, is to reauthorize the Coral Reef 

Conservation Act of 2000, and for other purposes. The bill would 

authorize appropriations to the National Oceanic and Atmospheric 

Administration (NOAA) for Fiscal Years (FY) 2006 through 2012, 

strengthen and expand NOAA’s Coral Reef Conservation Program, 

authorize NOAA to prevent and mitigate vessel impacts to coral 

reefs, and streamline reporting requirements. 

BACKGROUND AND NEEDS

Covering less than one percent of the Earth’s surface, coral reefs 

provide resources and services worth billions of dollars each year 

to the United States economy and economies worldwide in the form 

of food, jobs, natural products, pharmaceuticals, and shoreline protection. NOAA’s 2005 Report to Congress, Implementation of the 

National Coral Reef Action Strategy, notes that 10.5 million Americans live adjacent to a U.S. coral reef, and that coral reef fisheries 

provide the U.S. economy with more than $137.1 million in ex-vessel landing value. However, more needs to be done to reduce 

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threats to coral reef ecosystems, such as pollution, coastal development, and other impacts. 

In 2000, Congress recognized the need to preserve, sustain, and 

restore the condition of coral reef ecosystems by enacting CRCA, 

calling for the creation of a national strategy and program to address the threats to coral reef communities. CRCA called for NOAA 

to carry out a number of activities to promote the wise management and sustainable use of coral reef ecosystems, to develop sound 

scientific information on the condition of coral reef ecosystems, and 

to assist in the preservation of coral reefs by supporting external 

conservation programs. CRCA created a Coral Reef Conservation 

grant program at NOAA, as well as a Coral Reef Conservation 

Fund to support public-private matching funds and partnerships to 

further the purposes of CRCA. 

Funding for NOAA’s CRCA activities have exceeded amounts authorized under CRCA, rising to $26.32 million in FY 2004 before 

dropping slightly in FY 2005 to $24.64 million. The President’s FY 

2006 budget proposes $25.96 million for CRCA activities, and specifically calls for funding of multi-year ‘‘local action strategies’’ developed under the CRCA National Coral Action Strategy. Much of 

NOAA’s increased coral reef funding has been associated with 

CRCA and other NOAA activities in the Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve (NWHI-CRER), which, at 

1200 nautical miles long and 100 nautical miles wide, is the largest 

coral conservation project in the nation, if not the world. The 

NWHI-CRER, now undergoing designation as a National Marine 

Sanctuary, has provided a laboratory for the study of coral reefs 

and conservation techniques. 

This research, assessment, and conservation work has provided 

substantial new knowledge about coral reef systems in U.S. waters 

since enactment of CRCA. NOAA’s 2005 Report highlights this 

progress, and describes actions taken to implement the National 

Coral Reef Action Strategy developed pursuant to CRCA. The Report notes that a comprehensive program led by NOAA has now 

mapped 66 percent of all U.S. shallow (<30 meters) coral reefs, 

marking good progress toward the goal of producing comprehensive 

digital maps of all U.S. shallow coral reefs by 2009. The Report 

tracks the expansion of coral reef monitoring and research, and 

highlights areas in need of more funding and management focus at 

the local, State, and Federal levels, including coastal uses like ship 

groundings, pollution, and fishing impacts. 

On June 15, 2005, the National Ocean Policy Study held a hearing entitled Invasive Species Ballast Water Management and 

Threats to Coral Reefs. At this hearing, Mr. Timothy Keeney, Deputy Assistant Secretary of Commerce for Oceans and Atmosphere 

and co-chair of the U.S. Coral Reef Task Force, testified on the 

need to reauthorize CRCA to continue NOAA’s progress, in coordination with other Federal, State, and territorial governments, in 

understanding and conserving coral reef ecosystems. He noted vessel impacts as a high priority for legislative attention, explaining 

that NOAA has the authority to address coral reef damage from 

groundings in designated protected areas such as National Marine 

Sanctuaries, but has no such authority outside of these designated 

areas. 

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Also at this hearing, Ms. Kim Hum, Coastal Marine Program Director at The Nature Conservancy of Hawaii, testified about the effectiveness of the coral reef mapping and conservation efforts in 

that State, and of the need for greater authority for NOAA to respond to coral reef groundings outside of designated National Marine Sanctuaries. She also recommended greater use of communitybased solutions to coral reef management that rely on traditional 

or island-based management concepts, such as those being developed in Hawaii and the Western Pacific. 

The Committee believes that Federal agencies should have the 

authority to respond swiftly to coral reef vessel groundings in shallow U.S. waters, since rapid response can often allow stabilization 

of the coral reef, lessening both the extent of damage to the reef 

and the costs of recovery. The Committee also believes that a Community-Based Grants Program that enhances existing investment 

in coral reef activities could offer more cost-effective and long-lasting coral reef conservation results at the local level. The one-time 

program authorization included in the bill is designed to test the 

effectiveness of this approach, which the Committee will evaluate 

during the next reauthorization cycle. The Committee also recognizes that authorization levels in CRCA needed to be increased to 

conform to funding priorities and needs. 

The Committee notes that the expanded authorities, programs, 

lists, and reports in this bill extend only to coral reefs or coral reef 

ecosystems. These terms are defined in the CRCA. The Committee 

uses these terms to describe large coral formations and their associated ecosystems, respectively, in shallow, warm waters, including 

corals in the waters of Hawaii and the Western Pacific. The expanded authorities, programs, lists, and reports in this bill do not 

extend to corals or coral formations existing in cold and/or deep waters, even where such corals or coral formations occur in a density 

or abundance similar to the shallow water structures the Committee refers to as coral reefs. Similarly, the terms ‘‘vessel impacts’’ 

and ‘‘anthropogenic impacts’’ as used in this bill refer only to impacts on coral reefs (in shallow water) and do not refer to impacts, 

whether actual or potential, from fishing gear deployed in cold or 

deep waters beyond the States and island territories currently participating in CRCA. 

SUMMARY OF PROVISIONS

S. 1390, the Coral Reef Conservation Amendments Act of 2005, 

reauthorizes and amends CRCA to respond to the needs identified 

at the Committee hearing held on June 15, 2005. These changes include increased authorizations for both the national and coral reef 

grant programs, expanded funding and authority for NOAA to prevent and respond to vessel groundings on coral reefs, and the creation of a community-based planning grant program to develop and 

implement local plans using watershed principles and traditional 

or island-based management techniques. 

Section 1 contains the short title of the bill, the ‘‘Coral Reef Conservation Amendments Act of 2005’’. 

Section 2 amends section 204(d) of CRCA to expand and refocus 

the Coral Reef Conservation Grants Program on emerging threats 

to coral reefs, including minimizing vessel impacts and promoting 

community-based planning and management initiatives. 

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Section 3 amends section 206 of CRCA to expand NOAA’s emergency response authorities to prevent or mitigate imminent coral 

reef destruction from vessel impacts or other physical damage to 

coral reefs, and directs NOAA to work in coordination with other 

Federal agencies and seek existing funding sources when possible. 

Section 4 amends section 207(b) of CRCA to expand the focus of 

the National Coral Reef Conservation Program to include prevention activities to minimize physical damage to coral reefs, such as 

vessel impacts. 

Section 5 amends section 208 of CRCA to streamline and focus 

NOAA’s reporting requirements. 

Section 6 amends section 205 of CRCA to allow funding for emergency response and mitigation activities under section 206 from the 

Coral Reef Conservation Fund. Section 6 also amends CRCA by 

adding a new section 209, Community-Based Planning Grants, and 

adds a new section 210 authorizing NOAA to maintain a vessel 

grounding inventory, identify at-risk reefs, and develop a list of recommendations for preventative measures. Finally, section 6 directs 

Federal, State, and territorial coordination to implement the U.S. 

Coral Reef Action Strategy developed under CRCA. 

Section 7 provides annual program authorizations of $30 million in FY 2006, up to $35 million annually by FYs 2009 through 2012, 

and sets aside 30 percent of these funds for the grants program. 

It authorizes an additional $8 million, available from FY 2007 

through FY 2012, for a Community-Based Planning Grants program. The bill also increases the cap on administrative costs from 

$1 million to $2 million. Finally, this section allocates up to 10 percent of the Coral Reef Conservation Fund to mitigation and response activities authorized under section 206. 

LEGISLATIVE HISTORY

S. 1390 was introduced in the Senate on July 13, 2005, by Senator Inouye and co-sponsored by Senator Sununu, and referred to 

the Committee on Commerce, Science, and Transportation. On July 

21, 2005, the Committee considered the bill in an open executive 

session. Senator Inouye offered a technical amendment making 

several minor grammatical corrections, and Senator Bill Nelson offered an amendment regarding the grant allocation formula in section 2 of the bill. The Committee, without objection, ordered S. 

1390 reported with amendments. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

AUGUST 8, 2005. 

Hon. TED STEVENS, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1390, the Coral Reef Conservation Amendments Act of 2005. 

5 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

S. 1390—Coral Reef Conservation Amendments Act of 2005 

Summary: S. 1390 would authorize the appropriation of $284 

million through fiscal year 2012 to the National Oceanic and Atmospheric Administration (NOAA) for the coral reef conservation 

program. Assuming appropriation of the authorized amounts, CBO 

estimates that carrying out this program would cost $20 million in 

2006 and $172 million over the 2006–2010 period. We estimate 

that another $112 million of the authorized amounts would be 

spent after 2010, including $43 million authorized to be appropriated for each of fiscal years 2011 and 2012. Enacting S. 1390 

would have no effect on revenues or direct spending. 

This bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA); 

any costs to State, local, or tribal governments would result from 

complying with conditions of federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1390 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— 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending for the Coral Reef Conservation Program Under Current Law: 

Budget Authority 1 ............................................................... 26 0 0 0 0 0 

Estimated Outlays ............................................................... 26 9 7 1 0 0 

Proposed Changes: 

Authorization Level 2 ............................................................ 0 30 40 42 43 43 

Estimated Outlays ............................................................... 0 20 30 37 42 43 

Spending for the Coral Reef Conservation Program Under S. 

1390: 

Authorization Level 1 ............................................................ 26 30 40 42 43 43 

Estimated Outlays ............................................................... 26 29 37 38 42 43 

1 The 2005 level is the amount appropriated for that year for the Coral Reef Conservation Program. 

2 The bill would also authorize funding of $43 million a year for 2011 and 2012. 

Basis of estimate: For this estimate, CBO assumes that S. 1390 

will be enacted near the start of fiscal year 2006 and that the authorized amounts will be appropriated for each year. The authorization levels are those stated in the bill for each year. They include between $30 million and $35 million annually for Federal activities and grants, and $8 million annually (beginning in 2007) for 

new community planning grants. Estimated outlays are based on 

historical spending patterns for this program. 

Intergovernmental and private-sector impact: S. 1390 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. 

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Estimate prepared by: Federal Costs: Deborah Reis. Impact on 

State, Local, and Tribal Governments: Lisa Ramirez-Branum. Impact on the Private Sector: Alicia Hardy. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1390 as reported by the Committee would authorize appropriations to continue and expand existing NOAA programs and make 

a number of changes to current law. The bill would have little, if 

any, regulatory impact. 

ECONOMIC IMPACT

The bill, as reported, provides authorization levels of $30 million 

for FY 2006, $32 million for FY 2007, $34 million for FY 2008, and 

$35 million for FY 2009 through FY 2012 for NOAA to carry out 

the purposes of the bill. The bill also provided a one-time authorization of $8 million for the Community-Based Planning Grants 

program, to be available until FY 2012. These funding levels are 

not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The reported bill would have little, if any, impact on the personal 

privacy of U.S. citizens. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. Those State, local, and non-governmental partners that volunteer to participate in the Coral Reef Grant program 

or Community-Based Planning Grants Program would likely increase their written communications, data management, and technical expertise capacity related to coral reef management. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section states that the Act may be cited as the ‘‘Coral Reef 

Conservation Amendments Act of 2005’’. 

Section 2. Expansion of the Coral Reef Conservation Grant Program 

The bill amends section 204(d) of CRCA to make changes to the 

uses and allocation of grant funds to reflect emerging needs and increased overall authorization levels. The program provides grants 

to seven U.S. coral reef jurisdictions: four in the Pacific (Hawaii, 

Guam, American Samoa and the Commonwealth of the Northern 

Marianas Islands) and three in the Atlantic/Caribbean (Florida, the 

U.S. Virgin Islands and Puerto Rico). 

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The law allocates 40 percent each to the Pacific and Atlantic/Caribbean, and the remaining monies may be used for a broad new 

range of projects in either region. This section expands priority 

areas to include prevention of vessel impacts and development of 

community-based planning and management initiatives. 

Section 3. Expansion of emergency response authority 

The bill amends section 206 of CRCA to expand NOAA’s emergency response authorities to include the ability to prevent or mitigate imminent coral reef destruction from vessel impacts or other 

physical damage to coral reefs, and allows public-private funding 

for such response actions through the Coral Reef Conservation 

Fund established under section 205. Currently under section 206, 

NOAA is only able to administer grants in support of such activities, not direct the activities themselves. This new language would 

allow NOAA to remove abandoned vessels from coral reef areas and 

mitigate damage from storms. The bill directs NOAA to work in coordination with other Federal agencies and to seek existing funding 

sources when possible. This section responds to the Ocean Commission recommendation for increasing Federal authority to address 

vessel groundings and other impacts to coral reefs. 

Section 4. Expansion of national program 

The bill would amend section 207(b) of CRCA to expand the focus 

of the National Coral Reef Conservation Program to include prevention activities to minimize vessel impacts or other physical 

damage to coral reefs. 

Section 5. Streamlining reporting requirement 

This provision revises section 208 of CRCA to allow NOAA to 

prepare and submit only one report to Congress every 3 years, and 

eliminates the one-time grants report required under CRCA. The 

reporting requirements are also expanded to include information on 

vessel groundings and a description of Federal disaster response 

actions. The first report would be required in March 2007. 

Section 6. Coral fund; grants; grounding inventory; and coordination. 

This section contains a number of provisions including: 

• EMERGENCY RESPONSE FUNDING.—This section amends 

section 205(a) of CRCA, which establishes the Coral Reef Conservation Fund, to allow the fund to be used to pay for emergency response and mitigation activities. It also encourages the 

non-profit organization that administers the fund to solicit 

monies from private and non-governmental organizations to 

support these activities. 

• COMMUNITY BASED PLANNING GRANTS.—This section creates a new section 209 that would authorize NOAA to award 

grants to entities that have already received general Coral 

Reef Conservation Grants to allow them to develop and implement community based coral protection plans, in coordination 

with appropriate Federal and State authorities. These plans, 

based on watershed approaches and incorporating traditional 

or island-based resource management concepts, should encourage comprehensive planning programs and provide for more efVerDate Aug 31 2005 00:48 Nov 23, 2005 Jkt 049010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR182.XXX SR182
8 

fective conservation of coral reefs. The section also provides 

that the non-Federal matching requirement is reduced from 50 

percent to 25 percent in recognition of the limited resources 

available to many smaller communities. 

• VESSEL GROUNDING INVENTORY AND LIST OF AT-RISK

CORAL AREAS.—This section creates a new section 210 of 

CRCA to authorize NOAA to create and maintain an inventory 

of all vessel grounding incidents involving coral reef resources. 

For each incident the inventory will contain information related to: (1) grounding impacts; (2) vessel identity; (3) incident 

response; and (4) recommendations for preventing similar incidents. NOAA is also directed to identify coral reef areas outside of National Marine Sanctuaries that have a high incidence 

of vessel impacts and to identify potential measures to prevent 

or mitigate these impacts. 

• REGIONAL COORDINATION.—The section creates a new section 211 of CRCA directing the Secretary of Commerce to, in 

coordination with other Federal, State, and U.S. territorial governments, implement the U.S. National Coral Action Strategy, 

including regional and local strategies to address multiple 

threats to coral reefs. 

Section 7. Authorization of appropriations 

The bill authorizes appropriations for CRCA of $30 million in FY 

2006, $32 million in FY 2007, $34 million in FY 2008, and $35 million per year for FYs 2009 through 2012. This level of authorized 

appropriations would allow NOAA to undertake an increased level 

of coordination required by the proposed amendments and allow for 

funding of local action strategies. 

Of the authorized funds, the bill directs at least 30 percent to the 

general grants program. The 30-percent minimum for grants would 

ensure that grant funding for the existing program is predictable 

and at levels higher than in FY 2005. The bill authorizes a total 

of $8 million for the Community Based Planning Grants to provide 

long-term funding for implementation of community-based plans, to 

be available until expended from FY 2007 through FY 2012. 

The bill sets aside up to 10 percent of appropriations for the 

Coral Reef Conservation Fund established in section 205 of CRCA, 

in order to ensure that there is funding available for emergency response and prevention activities, which can be increased through 

non-Federal contributions. 

This section of the bill also raises the cap on funding administrative activities from $1 million to $2 million. This would help ensure 

that NOAA has dedicated and predictable funding to administer 

the Coral Reef Conservation Program. 

As under existing law, funds not set aside for grants or the Fund 

will be used by the National Program, which should emphasize prevention as well as assessment, conservation, and research. 

The removal/replacement of sections 209(c) and (d) removes existing confusion over how to allocate funding among the major programs authorized under CRCA. 

(9) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 

CORAL REEF CONSERVATION ACT OF 2000 

SEC. 204. CORAL REEF CONSERVATION PROGRAM. 

[16 U.S.C. 6403] 

(a) GRANTS.—The Secretary, through the Administrator and subject to the availability of funds, shall provide grants of financial assistance for projects for the conservation of coral reefs (hereafter in 

this title referred to as ‘‘coral conservation projects’’), for proposals 

approved by the Administrator in accordance with this section. 

(b) MATCHING REQUIREMENTS.— 

(1) FIFTY PERCENT.—Except as provided in paragraph (2), 

Federal funds for any coral conservation project under this section may not exceed 50 percent of the total cost of such project. 

For purposes of this paragraph, the non-Federal share of 

project costs may be provided by in-kind contributions and 

other noncash support. 

(2) WAIVER.—The Administrator may waive all or part of the 

matching requirement under paragraph (1) if the Administrator determines that no reasonable means are available 

through which applicants can meet the matching requirement 

and the probable benefit of such project outweighs the public 

interest in such matching requirement. 

(c) ELIGIBILITY.—Any natural resource management authority of 

a State or other government authority with jurisdiction over coral 

reefs or whose activities directly or indirectly affect coral reefs, or 

coral reef ecosystems, or educational or nongovernmental institutions with demonstrated expertise in the conservation of coral 

reefs, may submit to the Administrator a coral conservation proposal under subsection (e). 

(d) øGEOGRAPHIC AND BIOLOGICAL¿ PROJECT DIVERSITY.—The 

Administrator shall ensure that funding for grants awarded under 

subsection (b) during a fiscal year are distributed in the following 

manner: 

(1) No less than 40 percent of funds available shall be 

awarded for coral conservation projects in the Pacific Ocean 

within the maritime areas and zones subject to the jurisdiction 

or control of the United States. 

(2) No less than 40 percent of the funds available shall be 

awarded for coral conservation projects in the Atlantic Ocean, 

the Gulf of Mexico, and the Caribbean Sea within the maritime 

10 

areas and zones subject to the jurisdiction or control of the 

United States. 

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, research, pollution reduction, education, and technical support. 

(e) PROJECT PROPOSALS.—Each proposal for a grant under this 

section shall include the following: 

(1) The name of the individual or entity responsible for conducting the project. 

(2) A description of the qualifications of the individuals who 

will conduct the project. 

(3) A succinct statement of the purposes of the project. 

(4) An estimate of the funds and time required to complete 

the project. 

(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in 

which the project will be conducted. 

(6) Information regarding the source and amount of matching funding available to the applicant. 

(7) A description of how the project meets one or more of the 

criteria in subsection (g). 

(8) Any other information the Administrator considers to be 

necessary for evaluating the eligibility of the project for funding under this title. 

(f) PROJECT REVIEW AND APPROVAL.— 

(1) IN GENERAL.—The Administrator shall review each coral 

conservation project proposal to determine if it meets the criteria set forth in subsection (g). 

(2) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than 6 

months after receiving a project proposal under this section, 

the Administrator shall— 

(A) request and consider written comments on the proposal from each Federal agency, State government, or 

other government jurisdiction, including the relevant regional fishery management councils established under the 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary, with jurisdiction or management authority over 

coral reef ecosystems in the area where the project is to be 

conducted, including the extent to which the project is consistent with locally-established priorities; 

11 

(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer 

review; 

(C) after considering any written comments and recommendations based on the reviews under subparagraphs 

(A) and (B), approve or disapprove the proposal; and 

(D) provide written notification of that approval or disapproval to the person who submitted the proposal, and 

each of those States and other government jurisdictions 

that provided comments under subparagraph (A). 

(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) implementing coral conservation programs which promote 

sustainable development and ensure effective, long-term conservation of coral reefs; 

(2) addressing the conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products; 

(3) enhancing compliance with laws that prohibit or regulate 

the taking of coral products or species associated with coral 

reefs or regulate the use and management of coral reef ecosystems; 

(4) developing sound scientific information on the condition 

of coral reef ecosystems or the threats to such ecosystems, including factors that cause coral disease; 

(5) promoting and assisting to implement cooperative coral 

reef conservation projects that involve affected local communities, nongovernmental organizations, or others in the private 

sector; 

(6) increasing public knowledge and awareness of coral reef 

ecosystems and issues regarding their long term conservation; 

(7) mapping the location and distribution of coral reefs; 

(8) developing and implementing techniques to monitor and 

assess the status and condition of coral reefs; 

(9) developing and implementing cost-effective methods to restore degraded coral reef ecosystems; øor¿ 

ø(10) promoting ecologically sound navigation and anchorages near coral reefs.¿ 

(10) promoting activities designed to minimize the likelihood 

of vessel impacts on coral reefs, particularly those activities described in section 210(b), including the promotion of ecologically 

sound navigation and anchorages near coral reefs; or 

(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. 

(h) PROJECT REPORTING.—Each grantee under this section shall 

provide periodic reports as required by the Administrator. Each report shall include all information required by the Administrator for 

evaluating the progress and success of the project. 

12 

(i) CORAL REEF TASK FORCE.—The Administrator may consult 

with the Coral Reef Task Force to obtain guidance in establishing 

coral conservation project priorities under this section. 

(j) IMPLEMENTATION GUIDELINES.—Within 180 days after the 

date of the enactment of this Act, the Administrator shall promulgate necessary guidelines for implementing this section. In developing those guidelines, the Administrator shall consult with State, 

regional, and local entities involved in setting priorities for conservation of coral reefs and provide for appropriate public notice 

and opportunity for comment. 

* * * * * * * 

SEC. 205. CORAL REEF CONSERVATION FUND. 

[16 U.S.C. 6404] 

(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 

goals and requirements of this section and the national coral reef 

action strategy under section 203. 

(d) ADMINISTRATION.—Under an agreement entered into pursuant to subsection (a), the Administrator may transfer funds appropriated to carry out this title to an organization. Amounts received 

by an organization under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, 

or property) made to the organization by private persons and State 

and local government agencies. 

13 

øSEC. 206. EMERGENCY ASSISTANCE. 

[16 U.S.C. 6405] 

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 may undertake or authorize 

action 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 FEDERAL AGENCIES.—When possible, action by the Administrator under this section should— 

(1) be conducted in partnership with other Federal agencies, 

including the United States Coast Guard, the Federal Emergency Management Agency, the U.S. Army Corps of Engineers, 

and the Department of the Interior; and 

(2) leverage resources of such other agencies, including funding or assistance authorized under other Federal laws, such as 

the Oil Pollution Act of 1990, the Comprehensive Environmental Response, Compensation, and Liability Act, and the 

Federal Water Pollution Control Act. 

SEC. 207. NATIONAL PROGRAM. 

[16 U.S.C. 6406] 

(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 title, the National Marine Sanctuaries Act, the Coastal Zone Management Act 

of 1972, the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act of 1973, and the Marine 

Mammal Protection Act of 1972. 

(b) AUTHORIZED ACTIVITIES.—Activities authorized under subsection (a) include— 

(1) mapping, monitoring, assessment, restoration, and scientific research that benefit 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; 

(3) providing assistance to States in removing abandoned 

fishing gear, marine debris, and abandoned vessels from coral 

reefs to conserve living marine resources; øand¿ 

(4) cooperative conservation and management of coral reefs 

and coral reef ecosystems with local, regional, or international 

programs and øpartners.¿ partners; and 

(5) activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those 

activities identified in section 210(b). 

14 

øSEC. 208. EFFECTIVENESS REPORTS. 

[16 U.S.C. 6407] 

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. REPORT TO CONGRESS. 

Not later than March 1, 2007, and every 3 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 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 Interior, Department of Agriculture, the Environmental Protection Agency, and the United States Army Corps of 

Engineers; 

(3) a summary of the information contained in the vessel 

grounding inventory established under section 210, including 

additional authorization or funding, needed for response and 

removal of such vessels;’’ 

(4) 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 

(5) an assessment of the condition of United States coral 

reefs, accomplishments under this Act, and the effectiveness of 

management actions to address threats to coral reefs. 

SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 

(a) IN GENERAL.—The Administrator may make grants to entities 

who have received grants under section 204(c) to provide additional 

funds to such entities 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 

15 

the community and the best scientific information available scientific experts 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; and 

(5) build upon local approaches or models, including traditional or island-based resource management concepts. 

(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, ‘25 percent 75 percent’ shall be substituted for ‘50 

percent’. 

‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

(a) IN GENERAL.—The Administrator may maintain an inventory 

of all vessel grounding incidents involving coral reef resources, including a description of— 

(1) the impacts to such resources; 

(2) vessel and ownership information, if available; 

(3) the estimated cost of removal, mitigation, or restoration; 

(4) the response action taken by the owner, the Administrator, 

the Commandant of the Coast Guard, or other Federal or State 

agency representatives; 

(5) the status of the response action, including the dates of 

vessel removal and mitigation or restoration and any actions 

taken to prevent future grounding incidents; and 

(6) recommendations for additional navigational aids or 

other mechanisms for preventing future grounding incidents. 

(b) IDENTIFICATION OF AT-RISK REEFS.—The Administrator 

may— 

(1) use information from any inventory maintained under 

subsection (a) or any other available information source to identify coral reef areas outside designated National Marine Sanctuaries that have a high incidence of vessel impacts, including 

groundings and anchor damage; and 

(2) identify appropriate measures, including action by other 

agencies, to reduce the likelihood of such impacts. 

‘‘SEC. 211. REGIONAL COORDINATION. 

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. 

SEC. ø209.¿ 212. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 6408] 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Secretary to carry out this title ø$16,000,000 for each of fiscal 

years 2001, 2002, 2003, and 2004,¿ $30,000,000 for fiscal year 

2006, $32,000,000 for fiscal year 2007, $34,000,000 for fiscal year 

2008, and $35,000,000 for each of fiscal years 2009 through 2012, 

16 

of which no less than 30 percent per year (for each of fiscal years 

2006 through 2012) shall be used for the grant program under section 204 and up to 10 percent per year shall be used for the Fund 

established under section 205, which may remain available until expended. 

(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 

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

and 2004 for coral reef conservation activities under section 204.¿ 

(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 2007 through 2012, such sum to 

remain available until expended. 

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.¿ 

SEC. ø210.¿ 213. DEFINITIONS. 

[16 U.S.C. 6409] 

In this title 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric Administration. 

(2) CONSERVATION.—The term ‘‘conservation’’ means the use 

of methods and procedures necessary to preserve or sustain 

corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems, including all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management 

of habitat; mapping; habitat monitoring; assistance in the development of management strategies for marine protected 

areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.); law enforcement; conflict resolution initiatives; community outreach and education; and that promote 

safe and ecologically sound navigation. 

(3) CORAL.—The term ‘‘coral’’ means species of the phylum 

Cnidaria, including— 

(A) all species of the orders Antipatharia (black corals), 

Scleractinia (stony corals), Gorgonacea (horny corals), 

Stolonifera (organpipe corals and others), Alcyanacea (soft 

corals), and Coenothecalia (blue coral), of the class 

Anthozoa; and 

(B) all species of the order Hydrocorallina (fire corals 

and hydrocorals) of the class Hydrozoa. 

(4) CORAL REEF.—The term ‘‘coral reef’’ means any reefs or 

shoals composed primarily of corals. 

17 

(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef ecosystem’’ means coral and other species of reef organisms (including reef plants) associated with coral reefs, and the nonliving environmental factors that directly affect coral reefs, 

that together function as an ecological unit in nature. 

(6) CORAL PRODUCTS.—The term ‘‘coral products’’ means any 

living or dead specimens, parts, or derivatives, or any product 

containing specimens, parts, or derivatives, of any species referred to in paragraph (3). 

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

of Commerce. 

(8) STATE.—The term ‘‘State’’ means any State of the United 

States that contains a coral reef ecosystem within its seaward 

boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and 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 seaward boundaries. 

Æ