II

106TH CONGRESS

2D SESSION S. 2223

To establish a fund for the restoration of ocean and coastal resources, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 8, 2000

Mr. KERRY (for himself, Mr. HOLLINGS, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To establish a fund for the restoration of ocean and coastal

resources, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘Coastal Stewardship

5 Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Title I—Ocean and Coast Conservation Fund

Sec. 101. Establishment of Ocean and Coast Conservation Fund.

Title II—Cooperative Living Marine Resource Conservation

Subtitle A—Cooperative Fisheries Research and Management
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Sec. 201. Cooperative agreements.

Sec. 202. Eligible projects.

Sec. 203. Priority funding.

Sec. 204. Allocation.

Sec. 205. Expenditures.

Subtitle B—Cooperative Enforcement of Living Marine Resources

Laws

Sec. 251. Cooperative agreements.

Sec. 252. Cooperative enforcement.

Title III—Cooperative Coastal Stewardship

Sec. 301. Definitions.

Sec. 302. Restoration and preservation projects.

Sec. 303. Review, revision, and approval of projects.

Sec. 304. Allocation and disbursal of funds.

Sec. 305. Database; report to Congress.

Sec. 306. Guidelines.

Sec. 307. Cooperative agreements; memoranda of understanding.

Sec. 308. Expenditures.

Title IV—Coral Reef Protection

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Policy.

Sec. 404. Purposes.

Sec. 405. Definitions.

Sec. 406. Coral reef restoration and conservation program.

Sec. 407. National program.

Sec. 408. Documentation of certain vessels.

Sec. 409. Regulations; Coral Reef Conservation Fund.

Sec. 410. Use of appropriated funds.

1 SEC. 2. FINDINGS.

2 The Congress finds:

3 (1) The oceans and coasts play a critical role in

4 maintaining global biodiversity, contribute more

5 than 30 percent of the Gross Domestic Product, pro6 vide an important source of food and a wealth of

7 other natural products, are critical to national secu8 rity, and are of considerable importance for recre9 ation and commerce.

10 (2) One half of the Nation’s population lives

11 within 50 miles of the coast and if population trends

12 continue as expected, pressure on and conflicting de-
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1 mands for ocean and coastal resources will increase,

2 as will vulnerability to coastal hazards.

3 (3) There is a national interest in the effective

4 management, beneficial use, and protection of ocean

5 and coastal resources.

6 (4) The Federal Government has a responsi7 bility to States and coastal communities to improve

8 coordination, strengthen partnerships and provide

9 fiscal resources to develop coherent plans, policies,

10 standards, methods, and programs for using, man11 aging, and protecting ocean and coastal resources.

12 TITLE I—OCEAN AND COAST

13 CONSERVATION FUND

14 SEC. 101. ESTABLISHMENT OF OCEAN AND COAST CON15 SERVATION FUND.

16 (a) IN GENERAL.—There is established in the Treas17 ury of the United States a fund, which shall be known

18 as the Ocean and Coast Conservation Fund, into which

19 the Secretary of the Treasury shall transfer each fiscal

20 year amounts equivalent to $375,000,000, of which for

21 each fiscal year—

22 (1) $100,000,000 shall be available to carry out

23 subtitle A of title II;

24 (2) $25,000,000 shall be available to carry out

25 subtitle B of title II;
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1 (3) $225,000,000 shall be available to carry out

2 title III; and

3 (4) $25,000,000 shall be available to carry out

4 title IV.

5 (b) PAYMENT.—The Secretary of Commerce shall,

6 without further appropriation, make payments in each fis7 cal year from the Ocean and Coastal Conservation Fund

8 under this Act.

9 (c) FUNDS TO REMAIN AVAILABLE.—Any amount

10 paid or otherwise made available under this section shall

11 remain available until expended.

12 TITLE II—COOPERATIVE LIVING

13 MARINE RESOURCE CON14 SERVATION

15 SUBTITLE A—COOPERATIVE FISHERIES

16 RESEARCH AND MANAGEMENT

17 SEC. 201. COOPERATIVE AGREEMENTS.

18 The Secretary of Commerce shall, within 90 days

19 after the date of enactment of this Act, if requested by

20 the Governor of a State represented on an Interstate Ma21 rine Fishery Commission, enter into cooperative agree22 ments on a sole-source basis with any appropriate State,

23 Marine Fisheries Commission, Regional Fishery Manage24 ment Council, or other regional or tribal entity charged

25 with management of living marine resources for the pur-
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1 pose of undertaking eligible fisheries projects required for

2 the effective management of United States fisheries.

3 SEC. 202. ELIGIBLE PROJECTS.

4 The Secretary of Commerce shall make funds avail5 able under this section for the support of projects to ad6 dress critical needs identified in fishery management re7 ports or plans developed and approved by a State, Marine

8 Fisheries Commission, Regional Fishery Management

9 Council, or other regional or tribal entity, and that pertain

10 to—

11 (1) the collection and analysis of fishery data

12 and information, including data on landings, fishing

13 effort, biology, habitat, economics and social

14 sciences, including those information needs identified

15 by such entities pursuant to section 401 of the Mag16 nuson-Stevens Fishery Conservation and Manage17 ment Act; or

18 (2) the development of measures to promote in19 novative or cooperative management of fisheries.

20 SEC. 203. PRIORITY FUNDING.

21 In making funds available under this subtitle the Sec22 retary of Commerce shall give priority to eligible projects

23 that meet any of the following criteria:

24 (1) Establishment of observer programs.
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1 (2) Cooperative research projects developed

2 among states, academic institutions, and the fishing

3 industry, to obtain data or other information nec4 essary to meet national or regional management pri5 orities.

6 (3) Projects to reduce harvesting capacity in a

7 fishery conducted in a manner consistent with sec8 tion 312(b) of the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C.

10 1861a(b)).

11 (4) Projects designed to identify ecosystem im12 pacts of fishing, including the relationship between

13 fishing harvest and marine mammal population

14 abundance.

15 (5) Projects for the identification, conservation,

16 or restoration of fish habitat.

17 SEC. 204. ALLOCATION.

18 The Secretary of Commerce shall allocate funds to

19 entities eligible under section 201 for uses under section

20 202 based on demonstrated management, conservation,

21 and research needs for living marine resources. Such allo22 cations shall, to the extent practicable, be consistent with

23 the distribution of funds for fisheries information de24 scribed in the report requested under section 405(a) of
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1 the Magnuson-Stevens Fishery Conservation and Manage2 ment Act (16 U.S.C. 1881(a)).

3 SEC. 205. EXPENDITURES

4 (a) ADMINISTRATIVE EXPENSES AND STAFFING.—

5 From the amounts authorized by section 101(a)(1) to be

6 available to carry out this subtitle, $2,000,000 shall be

7 made available to the Secretary of Commerce for the ad8 ministration of this title for fiscal year 2000 and each year

9 thereafter.

10 (b) TECHNICAL PROJECT ASSISTANCE.—The Sec11 retary is authorized to withhold an amount not to exceed

12 25 percent for work performed by the Secretary to assist

13 eligible entities in the performance of the approved

14 projects, including costs for the direct collection of Federal

15 data and establishment of infrastructure and coordination

16 necessary to integrate existing regional information sys17 tems and to improve the effectiveness and accuracy of

18 such information.

19 SUBTITLE B—COOPERATIVE ENFORCEMENT

20 OF LIVING MARINE RESOURCE LAWS

21 SEC. 251. COOPERATIVE AGREEMENTS.

22 The Secretary of Commerce shall, within 90 days

23 after the date of enactment of this Act, if requested by

24 the Governor of a State represented on an Interstate Com25 mission, enter into an agreement under section 311(a) of
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1 the Magnuson-Stevens Fishery Conservation and Manage2 ment Act (16 U.S.C. 1861(a)) with such State, that au3 thorizes the deputization of State law enforcement officers

4 with marine law enforcement responsibilities to perform

5 duties of the Secretary relating to enforcement of any pro6 visions of this Act or any other marine resource law en7 forced by the Secretary. Following the execution of such

8 an agreement, the Secretary shall, if requested by a State,

9 enter into an agreement for a joint project as provided

10 by the first section of Public Law 91–412 (15 U.S.C.

11 1525).

12 SEC. 252. COOPERATIVE ENFORCEMENT.

13 (a) IN GENERAL.—The joint project agreements re14 ferred to in the last sentence of section 251 are intended

15 to provide a framework for enforcement and prosecution

16 of Federal and State living marine resource laws and regu17 lations in the Exclusive Economic Zone of the United

18 States, including the National Marine Sanctuaries Act (16

19 U.S.C. 1431 et seq.). The purpose of these joint projects

20 is the prevention and detection of violations by Federally21 deputized officers. The projects shall include the overt

22 presence by marine law enforcement officers which will im23 prove community-oriented policing and result in higher

24 levels of voluntary compliance.

25 (b) EXPENDITURES.—
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1 (1) Subject to the availability of appropriations,

2 amounts available for funding and joint project

3 agreements referred to in the last sentence of section

4 251 shall not exceed $2,000,000 per year per State.

5 These funds are intended to enhance enforcement

6 and prosecution of Federal and State marine re7 source laws and are to be considered to be in addi8 tion to, not in lieu of, existing State funds for these

9 services.

10 (2) The Secretary of Commerce may withhold

11 an amount not to exceed 10 percent to be utilized

12 for the direct Federal oversight and coordination of

13 law enforcement and prosecutorial responsibilities

14 under joint project agreements referred to in the last

15 sentence of section 251. The Secretary may enter

16 into a cooperative agreement, as provided by the

17 first section of Public Law 91–412 (15 U.S.C.

18 1525), on a sole-source basis with an appropriate

19 marine fisheries commission to assist in such over20 sight and coordination.

21 TITLE III—COOPERATIVE

22 COASTAL STEWARDSHIP

23 SEC. 301. DEFINITIONS.

24 In this title:
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1 (1) COASTAL STATE.—The term ‘‘coastal

2 State’’ has the meaning given to that term by sec3 tion 304(4) of the Coastal Zone Management Act of

4 1972 (16 U.S.C. 1453).

5 (2) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Commerce.

7 (3) FUND.—The term ‘‘Fund’’ means the

8 Ocean and Coast Conservation Fund established by

9 section 101 of this Act.

10 (4) COASTAL POPULATION.—The term ‘‘coastal

11 population’’ means the population subdivisions, as

12 determined by the most recent official data of the

13 Census Bureau, contained in whole or in part within

14 the designated coastal boundary of a State as de15 fined in a State’s coastal zone management program

16 under the Coastal Zone Management Act (16 U.S.C.

17 1455) and shall, to the extent practicable, include an

18 estimate of the coastal population present on a sea19 sonal, transient basis.

20 SEC. 302. RESTORATION AND PRESERVATION PROJECTS.

21 (a) IN GENERAL.—In order to receive funds made

22 available under this title, a coastal State shall develop

23 ocean and coastal resource restoration and preservation

24 projects that—

25 (1) are consistent with the objectives of—
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1 (A) the Coastal Zone Management Act;

2 (B) the National Estuarine Research Re3 serve System;

4 (C) State or Federal laws governing the

5 conservation or restoration of coastal or marine

6 fish habitat; or

7 (D) The National Marine Sanctuaries Act

8 (16 U.S.C. 1431 et seq.); and

9 (2) fall within the following project categories:

10 (A) Coastal wetland conservation or res11 toration projects.

12 (B) Cooperative projects to reduce, mon13 itor, or otherwise address coastal nonpoint pol14 lution or other coastal contaminants.

15 (C) Cooperative projects to address and

16 minimize the impacts of pathogenic contamina17 tion on water quality and living marine re18 sources.

19 (D) Projects to increase scientific under20 standing of the benefits of marine protected

21 areas and projects to create such areas.

22 (E) Education and interpretive projects re23 lated to conservation or restoration of coastal

24 and ocean resources.
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1 (F) Removal of abandoned vessels or ma2 rine debris from federal or state waters, the

3 presence of which may adversely affect ocean or

4 coastal living resources or habitats.

5 (G) Projects with local communities to in6 ventory and map critical habitats for use in

7 local planning efforts.

8 (b) COOPERATIVE PROJECTS.—Restoration and pres9 ervation projects funded under this section shall—

10 (1) encourage enhanced coordination and

11 leveraging of Federal, State, and community restora12 tion and preservation programs, plans, and studies;

13 and

14 (2) encourage partnerships among public agen15 cies at all levels of government and between the pub16 lic and private sectors.

17 (c) EXCLUSIONS.—A coastal State may not receive

18 funds made available under this section for a project, pro19 gram, plan, study, or activity that includes—

20 (1) an activity that constitutes mitigation for

21 the adverse effects of an activity regulated or other22 wise governed by Federal or State law;

23 (2) an activity that constitutes satisfaction of li24 ability for natural resource damages or other envi-
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1 ronmental liability under any Federal or State law;

2 or

3 (3) the acquisition of land or land rights from

4 an unwilling seller.

5 SEC. 303. REVIEW, REVISION, AND APPROVAL OF

6 PROJECTS.

7 (a) SUBMISSION OF PROJECTS FOR REVIEW.—The

8 Governor of a coastal state shall submit a plan for each

9 project developed by that State under section 302(a) to

10 the Secretary. Each such plan shall include—

11 (1) a description of the project;

12 (2) an evaluation of whether the project meets

13 the criteria in section 302(a);

14 (3) an estimate of the duration of the project;

15 (4) a budget that includes the annual and total

16 cost of the project; and

17 (5) a list of all government and non-government

18 agencies charged with administering funds allocated

19 to the project pursuant to section 304(c) of this Act.

20 (b) REVIEW BY THE SECRETARY.—

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

22 each plan submitted under subsection (a) to deter23 mine whether the project meets the requirements of

24 this title and notify the Governor of that determina25 tion within 60 days after the plan is submitted.
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1 (2) PAST PERFORMANCE.—In determining

2 whether a project or a revised project submitted by

3 a coastal state under this section meets the require4 ments of this title, the Secretary shall take into ac5 count that State’s past performance in achieving the

6 purposes of this title, including its progress in imple7 menting and completing projects.

8 (3) FEDERALLY-APPROVED PROJECTS, PLANS,

9 STUDIES, AND ACTIVITIES.—The Secretary shall ap10 prove any restoration and preservation project, plan,

11 study, or activity submitted by a coastal state under

12 section 302 that—

13 (A) has been approved by any Federal

14 agency;

15 (B) has not been fully funded;

16 (C) meets one or more of the criteria of

17 section 302; and

18 (D) meets the requirements of the guide19 lines and criteria established under section 306.

20 (c) PROJECTS NOT APPROVED.—

21 (1) REVISION ASSISTANCE.—If the Secretary

22 determines that a State project does not meet the

23 requirements of this title, the Secretary shall provide

24 technical assistance to the Governor of that State in

25 revising the project plan. The Governor shall, as
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1 soon as possible after being notified of the Sec2 retary’s determination—

3 (A) notify the Secretary that the State will

4 not resubmit its project plan for funding for the

5 calendar year; or

6 (B) revise the project, with or without the

7 assistance provided by the Secretary, and sub8 mit the revised plan for the project for review

9 by the Secretary.

10 (2) SECOND REVIEW.—The Secretary shall

11 promptly review any revised project plan submitted

12 in a timely manner (as determined by the Sec13 retary), and determine whether the revised project

14 meets the requirements of this title, and notify the

15 Governor of that determination within 30 days of

16 submission. If the Secretary determines that the re17 vised project meets the requirements of this title, the

18 Secretary shall allocate funds to the State in accord19 ance with this title.

20 (3) DISAPPROVED OR WITHDRAWN PLANS.—If

21 the Secretary determines that the revised project

22 does not meet the requirements of this title, or if the

23 Governor does not submit a revised project plan for

24 review within the time frame established by the Sec25 retary, then no funds available under this title may
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1 be allocated from the Ocean and Coast Conservation

2 Fund for that project.

3 (d) APPROVED PROJECTS.—If the Secretary deter4 mines that a State project meets the requirements of this

5 title, including the guidelines and criteria established

6 under section 306, the Secretary shall allocate funds to

7 that State in accordance with this title for developing and

8 implementing such projects.

9 SEC. 304. ALLOCATION AND DISBURSAL OF FUNDS.

10 (a) FORMULA FOR ALLOCATION.—

11 (1) IN GENERAL.—The Secretary shall allocate

12 the amounts available for distribution under this

13 title from the Fund for any calendar year among the

14 several coastal states in accordance with the fol15 lowing formula:

16 (A) 30 percent shall be available for dis17 tribution on the basis of the ratio which the

18 coastline of each coastal state (including estua19 rine coastline) bears to the total coastline of all

20 coastal states; and

21 (B) 70 percent shall be available for dis22 tribution on the basis of the ratio which the

23 coastal population of each coastal state bears to

24 the total coastal population of all coastal states.
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1 (2) FINALITY.—The allocation of funds by the

2 Secretary under paragraph (1) is final.

3 (b) NOTIFICATION.—As soon as the Secretary knows,

4 or can reasonably estimate, the amount that will be avail5 able for distribution under this title from the Fund for

6 a calendar year, the Secretary shall notify the Governor

7 of each coastal state of the amount available for allocation

8 to that State under subsection (a) for that calendar year

9 under this title.

10 (c) PAYMENT.—The Secretary shall grant funds for

11 approved projects from amounts available for allocation to

12 a coastal state under subsection (a) within 90 days after

13 notifying the Governor of that State that a project has

14 been approved. The Secretary may make payments in in15 stallments or in any manner authorized by title 31, United

16 States Code, and shall make such payments beginning not

17 later than December 31. The first payments under this

18 title may not be made before the date that is 1 year after

19 the date of enactment of this Act.

20 (d) SUBALLOCATION TO POLITICAL SUBDIVISIONS

21 AND NONPROFIT ENTITIES.—A State that receives funds

22 under subsection (c) may allocate a portion of those

23 funds—

24 (1) to any local government, area-wide agency

25 designated under section 204 of the Demonstration
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1 Cities and Metropolitan Development Act of 1966

2 (42 U.S.C. 3334), regional agency, or interstate

3 agency; or

4 (2) to any nonprofit organization with expertise

5 in coastal or marine issues, for the purpose of car6 rying out a coastal habitat restoration and protec7 tion project approved under section 303.

8 (e) REAPPORTIONMENT OF UNOBLIGATED

9 AMOUNTS.—Except as provided in subsection (f), if any

10 funds available for allocation to a coastal State for a cal11 endar year are not obligated by the Secretary, the Sec12 retary shall make those funds available to that State for

13 each of the next 2 calendar years. If funds available for

14 allocation to a coastal State remain unobligated for 3 cal15 endar years, then the unobligated funds shall be added

16 to the funds available for allocation to all coastal States

17 under subsection (a) for the fourth calendar year after the

18 calendar year for which they were first allocated to that

19 State.

20 (f) FUNDS NOT PAID TO THE COASTAL STATES.—

21 Any amount in the Fund available for allocation to a

22 coastal State but not paid or obligated because that State

23 did not have a plan approved under section 303 of the

24 calendar year, or because the amount allocated to that

25 State for the calendar year exceeded the amount obligated
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1 or expended under its plan, shall be retained by the Fund

2 and disposed of according to the law otherwise applicable

3 to revenues from leases on the Outer Continental Shelf.

4 SEC. 305. DATABASE; REPORT TO CONGRESS.

5 (a) DATABASE OF RESTORATION AND PROTECTION

6 PROJECT INFORMATION.—The Secretary shall maintain a

7 database of information concerning coastal habitat res8 toration and preservation projects funded under this title,

9 including information on project techniques, project com10 pletion, monitoring data, and other relevant information.

11 (b) REPORT.—The Secretary shall annually submit

12 a report to the Committee on Commerce, Science, and

13 Transportation of the United States Senate and the Com14 mittee on Resources of the United States House of Rep15 resentatives on the results of activities carried out under

16 this title. The report shall include—

17 (1) a review and evaluation of each coastal

18 state’s restoration and preservation projects;

19 (2) a review of all funds allocated to coastal

20 States and to the Department of Commerce under

21 this title;

22 (3) quantitative data on coastal habitats re23 stored and protected under this title, including the

24 scope and number of projects approved and com25 pleted;
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1 (4) an estimate of the long-term success of

2 varying restoration and protection techniques used

3 in carrying out projects under this title; and

4 (5) a review of the extent to which information

5 described in paragraph (4) will be or has been incor6 porated in the selection and implementation of coast7 al habitat restoration and protection projects.

8 SEC. 306. GUIDELINES.

9 The Secretary shall publish guidelines and criteria for

10 the review, revision, and approval of projects under section

11 303, including Federally-approved projects under section

12 303(b)(3), in the Federal Register within 90 days after

13 the date of enactment of this Act. After a 60-day period

14 for public comment, the Secretary shall publish the guide15 lines in final form.

16 SEC. 307. COOPERATIVE AGREEMENTS; MEMORANDA OF

17 UNDERSTANDING.

18 In carrying out this title, the Secretary may—

19 (1) enter into cooperative agreements, financial

20 agreements, grant agreements, contractual agree21 ments, or other agreements with Federal, State, and

22 local government agencies and other persons and en23 tities to carry out this title; and

24 (2) execute such memoranda of understanding

25 as are necessary to reflect any such agreement.
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1 SEC. 308. EXPENDITURES.

2 (a) ADMINISTRATIVE EXPENSES AND STAFFING.—

3 From the amounts authorized by section 101(a)(3) to be

4 available to carry out this title $7,500,000 shall be made

5 available to the Secretary of Commerce for the administra6 tion of this title for fiscal year 2000 and for each year

7 thereafter.

8 (b) TECHNICAL PROJECT ASSISTANCE.—The Sec9 retary may withhold up to 25 percent of the cost of an

10 approved project for the cost of any technical or other as11 sistance provided on that project to the State by the Sec12 retary.

13 TITLE IV—CORAL REEF

14 PROTECTION

15 SEC. 401. SHORT TITLE.

16 This title may be cited as the ‘‘Coral Reef Protection

17 Act of 2000’’.

18 SEC. 402. FINDINGS.

19 The Congress finds the following:

20 (1) Coral reefs and coral reef ecosystems are

21 considered the marine equivalent of tropical rain for22 ests, containing some of the planet’s richest biologi23 cal diversity, habitats, and systems and supporting

24 thousands of fish, invertebrates, reef algae, plank25 ton, sea grasses, and other species.
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1 (2) Coral reefs and coral reef ecosystems have

2 great commercial, recreational, cultural, and aes3 thetic value to human communities as shoreline pro4 tection, areas of natural beauty, and sources of food,

5 pharmaceuticals, jobs, and revenues through a wide

6 variety of activities, including education, research,

7 tourism, and fishing.

8 (3) Studies indicate that coral reefs in the

9 United States and around the world are being de10 graded and severely threatened by human and envi11 ronmental impacts including land-based pollution,

12 overfishing, destructive fishing practices, vessel

13 groundings, and climate change.

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

15 Reef Initiative, Federal agencies, State, local, terri16 torial, commonwealth, and local governments, non17 governmental organizations, and commercial inter18 ests have worked together to design and implement

19 additional management, education, monitoring, re20 search, and restoration efforts to conserve coral reef

21 ecosystems.

22 (5) 1997 was recognized as the Year of the

23 Reef to raise public awareness about the importance

24 of conserving coral reefs and to facilitate actions to

25 protect coral reef ecosystems.
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1 (6) On October 21, 1997, the 105th Congress

2 passed House Concurrent Resolution 8, a concurrent

3 resolution recognizing the significance of maintain4 ing the health and stability of coral reef ecosystems

5 by promoting comprehensive stewardship for coral

6 reef ecosystems, discouraging unsustainable fisheries

7 or other practices harmful to coral reefs, encour8 aging research, monitoring, assessment of, and edu9 cation on coral reef ecosystems, improving coordina10 tion of coral reef efforts and activities of Federal

11 agencies, academic institutions, nongovernmental or12 ganizations, and industry, and promoting preserva13 tion and sustainable use of coral reef resources

14 worldwide.

15 (7) 1998 was declared to be the International

16 Year of the Ocean to raise public awareness and in17 crease actions to conserve and use in a sustainable

18 manner the broader ocean environment, including

19 coral reefs.

20 (8) On June 11, 1998, President William Jef21 ferson Clinton signed Executive Order 13089 (64

22 Fed. Reg. 323701) which recognizes the importance

23 of conserving coral reef ecosystems, establishes the

24 Coral Reef Task Force under the joint leadership of

25 the Departments of Commerce and Interior, and di-
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1 rects Federal agencies whose actions may affect

2 United States coral reef ecosystems to take steps to

3 protect, manage, research, and restore such eco4 systems.

5 (9) The Nation benefits from—

6 (A) specific actions and programs involving

7 coral reefs and coral reef ecosystems including

8 National Marine Sanctuaries, National Wildlife

9 Refuges, National Parks, and other marine pro10 tected areas that conserve for future genera11 tions vital marine resources, ecosystems, and

12 habitats;

13 (B) the identification of coral habitats as

14 essential fish habitat under the Magnuson-Ste15 vens Fishery Conservation and Management

16 Act, which requires aggressive efforts to mini17 mize adverse effects on such habitat caused by

18 fishing;

19 (C) identification of other actions to en20 courage the conservation and enhancement of

21 such habitat; and

22 (D) State and territorial coastal manage23 ment programs for the protection, development,

24 and where possible, restoration and enhance25 ment of the resources of the Nation’s coastal
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1 zone for this and succeeding generations under

2 the Coastal Zone Management Act and other

3 related statutes.

4 (10) Legislation solely dedicated to the com5 prehensive and coordinated conservation, manage6 ment, protection, and restoration of coral reefs and

7 coral reef ecosystems would supplement Executive

8 Order 13089 and House Concurrent Resolution 8,

9 and complement the management, protection, and

10 conservation provided by such programs as those ad11 ministered under the National Marine Sanctuaries

12 Act, Coastal Zone Management Act, and Magnuson13 Stevens Fishery Conservation and Management Act,

14 as well as those administered by other Federal,

15 State, and territorial agencies.

16 SEC. 403. POLICY.

17 It is the policy of the United States—

18 (1) to conserve and protect the ecological integ19 rity of coral reef ecosystems;

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

21 and dynamics of those ecosystems;

22 (3) to reduce and remove human stresses af23 fecting reefs;

24 (4) to restore coral reef ecosystems injured by

25 human activities; and
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1 (5) to promote the long-term sustainable use of

2 coral reef ecosystems.

3 SEC. 404. PURPOSES.

4 The purposes of this title are—

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

6 of coral reef ecosystems;

7 (2) to assist in the conservation and protection

8 of coral reefs by supporting conservation programs;

9 (3) to provide financial resources for those pro10 grams; and

11 (4) to establish a formal mechanism for col12 lecting and allocating monetary donations from the

13 private sector to be used for coral reef conservation

14 projects.

15 SEC. 405. DEFINITIONS.

16 In this title:

17 (1) CORAL.—The term ‘‘coral’’ means species

18 of the phylum Cnidaria, including—

19 (A) all species of the orders Antipatharia

20 (black corals), Scleractinia (stony corals),

21 Alcyonacea (soft corals), Gorgonacea (horny

22 corals), Stolonifera (organ pipe corals and oth23 ers), and Helioporacea (blue coral) of the class

24 Anthozoa; and
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1 (B) all species of the order Hydrocorallina

2 (fire corals and hydrocorals) of the class

3 Hydrozoa.

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

5 means any reef, shoal, or other natural feature com6 posed primarily of the solid skeletal structures in

7 which stony corals are major framework constitu8 ents, within all maritime areas and zones subject to

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

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

11 including in the south Atlantic, Caribbean, Gulf of

12 Mexico, and Pacific Ocean.

13 (3) CORAL REEF ECOSYSTEM.—The term

14 ‘‘coral reef ecosystem’’ means the interacting com15 plex of species (including reef plants of the phlya

16 Chlorophyta, Phaeophyta, and Rhodophyta) and

17 nonliving variables associated with coral reefs and

18 their habitats which—

19 (A) function as an ecological unit in na20 ture; and

21 (B) are mutually dependent on this func22 tion to continue.

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

24 means the use of methods and procedures necessary

25 to preserve or sustain coral reefs and coral reef eco-
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1 systems as diverse, viable, and self-perpetuating eco2 systems, including—

3 (A) all activities associated with resource

4 management, such as assessment, science, con5 servation, protection, restoration, sustainable

6 use, management of habitat, and water quality;

7 (B) habitat monitoring;

8 (C) assistance in the development of man9 agement strategies for marine protected areas

10 and marine resources consistent with the Na11 tional Marine Sanctuaries Act (16 U.S.C. 1431

12 et seq.) and the Magnuson-Stevens Fishery

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

14 1801 et seq.) and other Federal, State, and ter15 ritorial statutes;

16 (D) law enforcement;

17 (E) conflict resolution initiatives;

18 (F) community outreach and education;

19 and

20 (G) promotion of safe and ecologically

21 sound navigation.

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

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

24 United States Code, but includes departments, agen-
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1 cies, and instrumentalities of the United States Gov2 ernment or any State or local government.

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

4 means any qualified non-profit organization that

5 specializes in natural resource conservation.

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

7 the Secretary of Commerce.

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

9 coastal State of the United States that contains

10 coral within its seaward boundaries, and American

11 Samoa, Guam, the Northern Mariana Islands, Puer12 to Rico, and the U.S. Virgin Islands, and any other

13 commonwealth, territory, or possession of the United

14 States that contains coral within its seaward bound15 aries.

16 SEC. 406. CORAL REEF RESTORATION AND CONSERVATION

17 PROGRAM.

18 (a) FINANCIAL ASSISTANCE.—The Secretary of Com19 merce subject to the availability of funds, may provide fi20 nancial assistance for projects that—

21 (1) provide for the restoration of degraded or

22 injured coral reefs or coral reef ecosystems, includ23 ing developing and implementing cost-effective meth24 ods to restore or enhance degraded or injured coral

25 reefs and coral reef ecosystems; or
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1 (2) provide for the conservation of coral reefs or

2 coral reef ecosystems through projects other than

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

4 management, conservation, and protection of coral

5 reefs and coral reef ecosystems, including mapping

6 and assessment, management, protection (including

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

8 long-term monitoring that benefits the long-term

9 conservation of coral reefs and coral reef ecosystems.

10 (b) MATCHING REQUIREMENTS.—

11 (1) 75-PERCENT FEDERAL FUNDING.—Except

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

13 project under this section shall not exceed 75 per14 cent of the total cost of such project. In calculating

15 that percentage, the non-Federal share of project

16 costs may be provided by in-kind contributions and

17 other noncash support.

18 (2) EXCEPTIONS.—

19 (A) SMALL PROJECTS.—There are no

20 matching requirements for grants under sub21 section (a) for projects costing not more than

22 $25,000.

23 (B) HIGHER LEVEL OF SUPPORT RE24 QUIRED.—If the Secretary determines that a

25 proposed project merits support and cannot be
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1 undertaken without a higher rate of Federal

2 support, then the Secretary may approve grants

3 under this section with a matching requirement

4 other than that specified in paragraph (1).

5 (c) ELIGIBILITY.—Any relevant natural resource

6 management authority of a State or territory of the

7 United States or other government authority with jurisdic8 tion over coral reefs or whose activities directly or indi9 rectly affect coral reefs or coral reef ecosystems, or edu10 cational or non-governmental institutions with dem11 onstrated expertise in the conservation of coral reefs, may

12 submit a coral reef restoration or conservation proposal

13 to the Secretary under subsection (a).

14 (d) ALLOCATION.—The Secretary shall ensure that

15 financial assistance provided under subsection (a) during

16 a fiscal year is distributed so that—

17 (1) not less than 40 percent of the funds avail18 able are awarded for coral reef restoration and con19 servation projects in the Pacific Ocean;

20 (2) not less than 40 percent of the funds avail21 able are awarded for coral reef restoration and con22 servation projects in the Atlantic Ocean, the Gulf of

23 Mexico, and the Caribbean Sea; and

24 (3) remaining funds are awarded for coral reef

25 restoration and conservation projects that address
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1 emerging priorities or threats identified by the Sec2 retary in consultation with the Coral Reef Task

3 Force under subsection (j).

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

5 grant under this section shall include the following:

6 (1) The name of the individual or entity respon7 sible for conducting the project.

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

9 project.

10 (3) A description of the qualifications of the in11 dividuals who will conduct the project.

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

13 to complete the project.

14 (5) Evidence of support of the project by appro15 priate representatives of States or territories of the

16 United States or other government jurisdictions in

17 which the project will be conducted.

18 (6) Information regarding the source and

19 amount of matching funding available to the appli20 cant, as appropriate.

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

22 or more of the criteria in subsection (g) of this sec23 tion.
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1 (8) Any other information the Secretary con2 siders to be necessary for evaluating the eligibility of

3 the project for funding under this title.

4 (f) PROJECT REVIEW AND APPROVAL.—

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

6 each final coral reef conservation project proposal to

7 determine if it meets the criteria set forth in sub8 section (g).

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

10 later than 3 months after receiving a final project

11 proposal under this section, the Secretary shall—

12 (A) request written comments on the pro13 posal from each Federal, State or territorial

14 agency of the United States and other govern15 ment jurisdictions, including the relevant re16 gional fishery management councils established

17 under the Magnuson-Stevens Fishery Conserva18 tion and Management Act (16 U.S.C. 1801 et

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

20 jurisdiction or management authority over coral

21 reefs or coral reef ecosystems in the area where

22 the project is to be conducted, including the ex23 tent to which the project is consistent with lo24 cally-established priorities;
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1 (B) for projects costing less than $25,000,

2 provide for expedited peer review of the pro3 posal;

4 (C) for projects costing $25,000 or great5 er, provide for the regional, merit-based peer re6 view of the proposal and require standardized

7 documentation of that peer review;

8 (D) after considering any written com9 ments and recommendations based on the re10 views under subparagraphs (A) and (B), ap11 prove or disapprove the proposal; and

12 (E) provide written notification of that ap13 proval or disapproval to the person who sub14 mitted the proposal, and each of those States,

15 territories, and other government jurisdictions.

16 (g) CRITERIA FOR APPROVAL.—The Secretary may

17 approve a final project proposal under this section based

18 on the written comments received and the extent that the

19 project will enhance the conservation of coral reefs by—

20 (1) implementing coral reef conservation pro21 grams which promote sustainable development and

22 ensure effective, long-term conservation of coral

23 reefs;

24 (2) addressing, and to the extent practicable,

25 resolving the conflicts arising from the use of envi-
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1 ronments near coral reefs or from the use of any liv2 ing or dead specimens, port, or derivatives, or any

3 product containing specimens, ports, or derivatives,

4 of any coral or coral reef ecosystem;

5 (3) enhancing compliance with laws that pro6 hibit or regulate the taking of corals, species associ7 ated with coral reefs, and coral products or regulate

8 the use and management of coral reef ecosystems;

9 (4) developing sound scientific information on

10 the condition of coral reef ecosystems or the threats

11 to such ecosystems;

12 (5) promoting cooperative projects on coral reef

13 conservation that involve affected local communities,

14 non-governmental organizations, or others in the pri15 vate sector; or

16 (6) increasing public knowledge and awareness

17 of coral reef ecosystems and issues regarding their

18 long term conservation.

19 (h) IMPLEMENTATION GUIDELINES.—Within 90 days

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

21 promulgate necessary guidelines for implementing this

22 section. In developing those guidelines, the Secretary shall

23 consult with regional and local entities, including States

24 and territories, involved in setting priorities for conserva25 tion of coral reefs.
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1 (i) TECHNICAL ASSISTANCE.—The Secretary may

2 provide technical assistance to any State or Federal agen3 cy with jurisdiction over coral reefs and coral reef eco4 systems to further the purposes of this title.

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

6 consult with the Coral Reef Task Force established under

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

8 guidance in establishing coral reef conservation project

9 priorities under this section.

10 SEC. 407. NATIONAL PROGRAM.

11 (a) IN GENERAL.—The Secretary may conduct activi12 ties that further the conservation of coral reefs or coral

13 reef ecosystems on a regional, national, or international

14 scale, or that further public awareness and education re15 garding coral reefs and coral reef ecosystems on a re16 gional, national, or international scale. The activities

17 should, to the extent practicable, supplement and be con18 sistent with the programs, policies, and statutes of af19 fected States and territories, the National Marine Sanc20 tuaries Act, the Coastal Zone Management Act, and the

21 Magnuson-Stevens Fishery Conservation and Manage22 ment Act, other applicable Federal statutes, and, at a min23 imum, should include mapping and assessment, moni24 toring, management, and scientific research that benefits
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1 the long-term conservation of coral reefs and coral reef

2 ecosystems.

3 (b) FINANCIAL ASSISTANCE.—The Secretary may

4 enter into joint projects with any Federal, State, terri5 torial, or local authority, or provide financial assistance

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

7 including projects that—

8 (1) support, promote, and coordinate the as9 sessment of, scientific research on, monitoring of, or

10 restoration of coral reefs and coral reef ecosystems

11 of the United States;

12 (2) cooperate with global and regional programs

13 that conserve, manage, protect, and study coral reefs

14 and coral reef ecosystems; or

15 (3) enhance public awareness, understanding,

16 and appreciation of coral reefs and coral reef eco17 systems.

18 SEC. 408. DOCUMENTATION OF CERTAIN VESSELS.

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

20 amended by adding at the end thereof the following:

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

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

23 the United States if—
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1 ‘‘(1) the owner of the vessel has abandoned any

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

3 jurisdiction of the United States; and

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

5 reef or was removed from the coral reef under sec6 tion 405 or 406 of the Coral Reef Protection Act of

7 2000 (or any other provision of law in pari materia

8 enacted after 1999), unless the owner of the vessel

9 has reimbursed the United States for environmental

10 damage caused by the vessel and the funds expended

11 to remove it.’’.

12 SEC. 409. REGULATIONS; CORAL REEF CONSERVATION

13 FUND.

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

15 enactment of this Act, the Secretary shall promulgate nec16 essary regulations for implementing this section. In devel17 oping those regulations, the Secretary shall consult with

18 regional and local entities, including States and territories,

19 involved in setting priorities for conservation of coral reefs.

20 (b) FUND.—The Secretary may enter into an agree21 ment with a foundation authorizing the foundation to re22 ceive, hold, and administer funds received by the founda23 tion pursuant to this section. The foundation shall invest,

24 reinvest, and otherwise administer the funds and maintain

25 such funds and any interest or revenues earned in a sepa-
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1 rate interest bearing account, hereafter referred to as the

2 Fund, established by the foundation solely to support part3 nerships between the public and private sectors that fur4 ther the purposes of this title.

5 (c) AUTHORIZATION TO SOLICIT DONATIONS.—Con6 sistent with section 4 of the National Fish and Wildlife

7 Foundation Establishment Act (16 U.S.C. 3703), and

8 pursuant to the agreement entered into under subsection

9 (b) of this section, a foundation may accept, receive, so10 licit, hold, administer, and use any gift or donation to fur11 ther the purposes of this title. Such funds shall be depos12 ited and maintained in the Fund established by a founda13 tion under subsection (b) of this section.

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

15 conduct a continuing review of the grant program admin16 istered by a foundation under this section. Each review

17 shall include a written assessment concerning the extent

18 to which that foundation has implemented the goals and

19 requirements of this section.

20 (e) ADMINISTRATION.—Under the agreement entered

21 into pursuant to subsection (b) of this section, the Sec22 retary may transfer funds appropriated under section

23 361(b)(1) to a foundation. Amounts received by a founda24 tion under this subsection may be used for matching, in

25 whole or in part, contributions (whether in currency, serv-
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1 ices, or property) made to the foundation by private per2 sons and State and local government agencies.

3 SEC. 410. USE OF APPROPRIATED FUNDS.

4 (a) RESTORATION AND CONSERVATION PROJECTS.—

5 Not more than $15,000,000 of the amounts available to

6 carry out this title shall be used by the Secretary to sup7 port coral reef restoration and conservation projects under

8 section 406(a), of which not more than 20 percent shall

9 be used for technical assistance provided by the Secretary.

10 (b) NATIONAL PROGRAM.—Not more than

11 $5,000,000 of the amounts available to carry out this title

12 shall be used by the Secretary to support coral reef con13 servation projects under section 407.

14 (c) ADMINISTRATION.—Not more than 1 percent of

15 the amounts made available under subsection (a) may be

16 used by the Secretary for administration of this title.

Æ