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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2223 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    This Act may be cited as the ``Coastal Stewardship Act''.
    (b) Table of Contents.--The table of contents for 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
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.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The oceans and coasts play a critical role in 
        maintaining global biodiversity, contribute more than 30 
        percent of the Gross Domestic Product, provide an important 
        source of food and a wealth of other natural products, are 
        critical to national security, and are of considerable 
        importance for recreation and commerce.
            (2) One half of the Nation's population lives within 50 
        miles of the coast and if population trends continue as 
        expected, pressure on and conflicting demands for ocean and 
        coastal resources will increase, as will vulnerability to 
        coastal hazards.
            (3) There is a national interest in the effective 
        management, beneficial use, and protection of ocean and coastal 
        resources.
            (4) The Federal Government has a responsibility to States 
        and coastal communities to improve coordination, strengthen 
        partnerships and provide fiscal resources to develop coherent 
        plans, policies, standards, methods, and programs for using, 
        managing, and protecting ocean and coastal resources.

               TITLE I--OCEAN AND COAST CONSERVATION FUND

SEC. 101. ESTABLISHMENT OF OCEAN AND COAST CONSERVATION FUND.

    (a) In General.--There is established in the Treasury of the United 
States a fund, which shall be known as the Ocean and Coast Conservation 
Fund, into which the Secretary of the Treasury shall transfer each 
fiscal year amounts equivalent to $375,000,000, of which for each 
fiscal year--
            (1) $100,000,000 shall be available to carry out subtitle A 
        of title II;
            (2) $25,000,000 shall be available to carry out subtitle B 
        of title II;
            (3) $225,000,000 shall be available to carry out title III; 
        and
            (4) $25,000,000 shall be available to carry out title IV.
    (b) Payment.--The Secretary of Commerce shall, without further 
appropriation, make payments in each fiscal year from the Ocean and 
Coastal Conservation Fund under this Act.
    (c) Funds To Remain Available.--Any amount paid or otherwise made 
available under this section shall remain available until expended.

       TITLE II--COOPERATIVE LIVING MARINE RESOURCE CONSERVATION

       SUBTITLE A--COOPERATIVE FISHERIES RESEARCH AND MANAGEMENT

SEC. 201. COOPERATIVE AGREEMENTS.

    The Secretary of Commerce shall, within 90 days after the date of 
enactment of this Act, if requested by the Governor of a State 
represented on an Interstate Marine Fishery Commission, enter into 
cooperative agreements on a sole-source basis with any appropriate 
State, Marine Fisheries Commission, Regional Fishery Management 
Council, or other regional or tribal entity charged with management of 
living marine resources for the purpose of undertaking eligible 
fisheries projects required for the effective management of United 
States fisheries.

SEC. 202. ELIGIBLE PROJECTS.

    The Secretary of Commerce shall make funds available under this 
section for the support of projects to address critical needs 
identified in fishery management reports or plans developed and 
approved by a State, Marine Fisheries Commission, Regional Fishery 
Management Council, or other regional or tribal entity, and that 
pertain to--
            (1) the collection and analysis of fishery data and 
        information, including data on landings, fishing effort, 
        biology, habitat, economics and social sciences, including 
        those information needs identified by such entities pursuant to 
        section 401 of the Magnuson-Stevens Fishery Conservation and 
        Management Act; or
            (2) the development of measures to promote innovative or 
        cooperative management of fisheries.

SEC. 203. PRIORITY FUNDING.

    In making funds available under this subtitle the Secretary of 
Commerce shall give priority to eligible projects that meet any of the 
following criteria:
            (1) Establishment of observer programs.
            (2) Cooperative research projects developed among states, 
        academic institutions, and the fishing industry, to obtain data 
        or other information necessary to meet national or regional 
        management priorities.
            (3) Projects to reduce harvesting capacity in a fishery 
        conducted in a manner consistent with section 312(b) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861a(b)).
            (4) Projects designed to identify ecosystem impacts of 
        fishing, including the relationship between fishing harvest and 
        marine mammal population abundance.
            (5) Projects for the identification, conservation, or 
        restoration of fish habitat.

SEC. 204. ALLOCATION.

    The Secretary of Commerce shall allocate funds to entities eligible 
under section 201 for uses under section 202 based on demonstrated 
management, conservation, and research needs for living marine 
resources. Such allocations shall, to the extent practicable, be 
consistent with the distribution of funds for fisheries information 
described in the report requested under section 405(a) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(a)).

SEC. 205. EXPENDITURES

    (a) Administrative Expenses and Staffing.--From the amounts 
authorized by section 101(a)(1) to be available to carry out this 
subtitle, $2,000,000 shall be made available to the Secretary of 
Commerce for the administration of this title for fiscal year 2000 and 
each year thereafter.
    (b) Technical Project Assistance.--The Secretary is authorized to 
withhold an amount not to exceed 25 percent for work performed by the 
Secretary to assist eligible entities in the performance of the 
approved projects, including costs for the direct collection of Federal 
data and establishment of infrastructure and coordination necessary to 
integrate existing regional information systems and to improve the 
effectiveness and accuracy of such information.

   SUBTITLE B--COOPERATIVE ENFORCEMENT OF LIVING MARINE RESOURCE LAWS

SEC. 251. COOPERATIVE AGREEMENTS.

    The Secretary of Commerce shall, within 90 days after the date of 
enactment of this Act, if requested by the Governor of a State 
represented on an Interstate Commission, enter into an agreement under 
section 311(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861(a)) with such State, that authorizes the 
deputization of State law enforcement officers with marine law 
enforcement responsibilities to perform duties of the Secretary 
relating to enforcement of any provisions of this Act or any other 
marine resource law enforced by the Secretary. Following the execution 
of such an agreement, the Secretary shall, if requested by a State, 
enter into an agreement for a joint project as provided by the first 
section of Public Law 91-412 (15 U.S.C. 1525).

SEC. 252. COOPERATIVE ENFORCEMENT.

    (a) In General.--The joint project agreements referred to in the 
last sentence of section 251 are intended to provide a framework for 
enforcement and prosecution of Federal and State living marine resource 
laws and regulations in the Exclusive Economic Zone of the United 
States, including the National Marine Sanctuaries Act (16 U.S.C. 1431 
et seq.). The purpose of these joint projects is the prevention and 
detection of violations by Federally-deputized officers. The projects 
shall include the overt presence by marine law enforcement officers 
which will improve community-oriented policing and result in higher 
levels of voluntary compliance.
    (b) Expenditures.--
            (1) Subject to the availability of appropriations, amounts 
        available for funding and joint project agreements referred to 
        in the last sentence of section 251 shall not exceed $2,000,000 
        per year per State. These funds are intended to enhance 
        enforcement and prosecution of Federal and State marine 
        resource laws and are to be considered to be in addition to, 
        not in lieu of, existing State funds for these services.
            (2) The Secretary of Commerce may withhold an amount not to 
        exceed 10 percent to be utilized for the direct Federal 
        oversight and coordination of law enforcement and prosecutorial 
        responsibilities under joint project agreements referred to in 
        the last sentence of section 251. The Secretary may enter into 
        a cooperative agreement, as provided by the first section of 
        Public Law 91-412 (15 U.S.C. 1525), on a sole-source basis with 
        an appropriate marine fisheries commission to assist in such 
        oversight and coordination.

                 TITLE III--COOPERATIVE COASTAL STEWARDSHIP

SEC. 301. DEFINITIONS.

    In this title:
            (1) Coastal state.--The term ``coastal State'' has the 
        meaning given to that term by section 304(4) of the Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1453).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Fund.--The term ``Fund'' means the Ocean and Coast 
        Conservation Fund established by section 101 of this Act.
            (4) Coastal population.--The term ``coastal population'' 
        means the population subdivisions, as determined by the most 
        recent official data of the Census Bureau, contained in whole 
        or in part within the designated coastal boundary of a State as 
        defined in a State's coastal zone management program under the 
        Coastal Zone Management Act (16 U.S.C. 1455) and shall, to the 
        extent practicable, include an estimate of the coastal 
        population present on a seasonal, transient basis.

SEC. 302. RESTORATION AND PRESERVATION PROJECTS.

    (a) In General.--In order to receive funds made available under 
this title, a coastal State shall develop ocean and coastal resource 
restoration and preservation projects that--
            (1) are consistent with the objectives of--
                    (A) the Coastal Zone Management Act;
                    (B) the National Estuarine Research Reserve System;
                    (C) State or Federal laws governing the 
                conservation or restoration of coastal or marine fish 
                habitat; or
                    (D) The National Marine Sanctuaries Act (16 U.S.C. 
                1431 et seq.); and
            (2) fall within the following project categories:
                    (A) Coastal wetland conservation or restoration 
                projects.
                    (B) Cooperative projects to reduce, monitor, or 
                otherwise address coastal nonpoint pollution or other 
                coastal contaminants.
                    (C) Cooperative projects to address and minimize 
                the impacts of pathogenic contamination on water 
                quality and living marine resources.
                    (D) Projects to increase scientific understanding 
                of the benefits of marine protected areas and projects 
                to create such areas.
                    (E) Education and interpretive projects related to 
                conservation or restoration of coastal and ocean 
                resources.
                    (F) Removal of abandoned vessels or marine debris 
                from federal or state waters, the presence of which may 
                adversely affect ocean or coastal living resources or 
                habitats.
                    (G) Projects with local communities to inventory 
                and map critical habitats for use in local planning 
                efforts.
    (b) Cooperative Projects.--Restoration and preservation projects 
funded under this section shall--
            (1) encourage enhanced coordination and leveraging of 
        Federal, State, and community restoration and preservation 
        programs, plans, and studies; and
            (2) encourage partnerships among public agencies at all 
        levels of government and between the public and private 
        sectors.
    (c) Exclusions.--A coastal State may not receive funds made 
available under this section for a project, program, plan, study, or 
activity that includes--
            (1) an activity that constitutes mitigation for the adverse 
        effects of an activity regulated or otherwise governed by 
        Federal or State law;
            (2) an activity that constitutes satisfaction of liability 
        for natural resource damages or other environmental liability 
        under any Federal or State law; or
            (3) the acquisition of land or land rights from an 
        unwilling seller.

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

    (a) Submission of Projects for Review.--The Governor of a coastal 
state shall submit a plan for each project developed by that State 
under section 302(a) to the Secretary. Each such plan shall include--
            (1) a description of the project;
            (2) an evaluation of whether the project meets the criteria 
        in section 302(a);
            (3) an estimate of the duration of the project;
            (4) a budget that includes the annual and total cost of the 
        project; and
            (5) a list of all government and non-government agencies 
        charged with administering funds allocated to the project 
        pursuant to section 304(c) of this Act.
    (b) Review by the Secretary.--
            (1) In general.--The Secretary shall review each plan 
        submitted under subsection (a) to determine whether the project 
        meets the requirements of this title and notify the Governor of 
        that determination within 60 days after the plan is submitted.
            (2) Past performance.--In determining whether a project or 
        a revised project submitted by a coastal state under this 
        section meets the requirements of this title, the Secretary 
        shall take into account that State's past performance in 
        achieving the purposes of this title, including its progress in 
        implementing and completing projects.
            (3) Federally-approved projects, plans, studies, and 
        activities.--The Secretary shall approve any restoration and 
        preservation project, plan, study, or activity submitted by a 
        coastal state under section 302 that--
                    (A) has been approved by any Federal agency;
                    (B) has not been fully funded;
                    (C) meets one or more of the criteria of section 
                302; and
                    (D) meets the requirements of the guidelines and 
                criteria established under section 306.
    (c) Projects Not Approved.--
            (1) Revision assistance.--If the Secretary determines that 
        a State project does not meet the requirements of this title, 
        the Secretary shall provide technical assistance to the 
        Governor of that State in revising the project plan. The 
        Governor shall, as soon as possible after being notified of the 
        Secretary's determination--
                    (A) notify the Secretary that the State will not 
                resubmit its project plan for funding for the calendar 
                year; or
                    (B) revise the project, with or without the 
                assistance provided by the Secretary, and submit the 
                revised plan for the project for review by the 
                Secretary.
            (2) Second review.--The Secretary shall promptly review any 
        revised project plan submitted in a timely manner (as 
        determined by the Secretary), and determine whether the revised 
        project meets the requirements of this title, and notify the 
        Governor of that determination within 30 days of submission. If 
        the Secretary determines that the revised project meets the 
        requirements of this title, the Secretary shall allocate funds 
        to the State in accordance with this title.
            (3) Disapproved or withdrawn plans.--If the Secretary 
        determines that the revised project does not meet the 
        requirements of this title, or if the Governor does not submit 
        a revised project plan for review within the time frame 
        established by the Secretary, then no funds available under 
        this title may be allocated from the Ocean and Coast 
        Conservation Fund for that project.
    (d) Approved Projects.--If the Secretary determines that a State 
project meets the requirements of this title, including the guidelines 
and criteria established under section 306, the Secretary shall 
allocate funds to that State in accordance with this title for 
developing and implementing such projects.

SEC. 304. ALLOCATION AND DISBURSAL OF FUNDS.

    (a) Formula for Allocation.--
            (1) In general.--The Secretary shall allocate the amounts 
        available for distribution under this title from the Fund for 
        any calendar year among the several coastal states in 
        accordance with the following formula:
                    (A) 30 percent shall be available for distribution 
                on the basis of the ratio which the coastline of each 
                coastal state (including estuarine coastline) bears to 
                the total coastline of all coastal states; and
                    (B) 70 percent shall be available for distribution 
                on the basis of the ratio which the coastal population 
                of each coastal state bears to the total coastal 
                population of all coastal states.
            (2) Finality.--The allocation of funds by the Secretary 
        under paragraph (1) is final.
    (b) Notification.--As soon as the Secretary knows, or can 
reasonably estimate, the amount that will be available for distribution 
under this title from the Fund for a calendar year, the Secretary shall 
notify the Governor of each coastal state of the amount available for 
allocation to that State under subsection (a) for that calendar year 
under this title.
    (c) Payment.--The Secretary shall grant funds for approved projects 
from amounts available for allocation to a coastal state under 
subsection (a) within 90 days after notifying the Governor of that 
State that a project has been approved. The Secretary may make payments 
in installments or in any manner authorized by title 31, United States 
Code, and shall make such payments beginning not later than December 
31. The first payments under this title may not be made before the date 
that is 1 year after the date of enactment of this Act.
    (d) Suballocation to Political Subdivisions and Nonprofit 
Entities.--A State that receives funds under subsection (c) may 
allocate a portion of those funds--
            (1) to any local government, area-wide agency designated 
        under section 204 of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3334), regional agency, or 
interstate agency; or
            (2) to any nonprofit organization with expertise in coastal 
        or marine issues, for the purpose of carrying out a coastal 
        habitat restoration and protection project approved under 
        section 303.
    (e) Reapportionment of Unobligated Amounts.--Except as provided in 
subsection (f), if any funds available for allocation to a coastal 
State for a calendar year are not obligated by the Secretary, the 
Secretary shall make those funds available to that State for each of 
the next 2 calendar years. If funds available for allocation to a 
coastal State remain unobligated for 3 calendar years, then the 
unobligated funds shall be added to the funds available for allocation 
to all coastal States under subsection (a) for the fourth calendar year 
after the calendar year for which they were first allocated to that 
State.
    (f) Funds Not Paid to the Coastal States.--Any amount in the Fund 
available for allocation to a coastal State but not paid or obligated 
because that State did not have a plan approved under section 303 of 
the calendar year, or because the amount allocated to that State for 
the calendar year exceeded the amount obligated or expended under its 
plan, shall be retained by the Fund and disposed of according to the 
law otherwise applicable to revenues from leases on the Outer 
Continental Shelf.

SEC. 305. DATABASE; REPORT TO CONGRESS.

    (a) Database of Restoration and Protection Project Information.--
The Secretary shall maintain a database of information concerning 
coastal habitat restoration and preservation projects funded under this 
title, including information on project techniques, project completion, 
monitoring data, and other relevant information.
    (b) Report.--The Secretary shall annually submit a report to the 
Committee on Commerce, Science, and Transportation of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives on the results of activities carried out under this 
title. The report shall include--
            (1) a review and evaluation of each coastal state's 
        restoration and preservation projects;
            (2) a review of all funds allocated to coastal States and 
        to the Department of Commerce under this title;
            (3) quantitative data on coastal habitats restored and 
        protected under this title, including the scope and number of 
        projects approved and completed;
            (4) an estimate of the long-term success of varying 
        restoration and protection techniques used in carrying out 
        projects under this title; and
            (5) a review of the extent to which information described 
        in paragraph (4) will be or has been incorporated in the 
        selection and implementation of coastal habitat restoration and 
        protection projects.

SEC. 306. GUIDELINES.

    The Secretary shall publish guidelines and criteria for the review, 
revision, and approval of projects under section 303, including 
Federally-approved projects under section 303(b)(3), in the Federal 
Register within 90 days after the date of enactment of this Act. After 
a 60-day period for public comment, the Secretary shall publish the 
guidelines in final form.

SEC. 307. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

    In carrying out this title, the Secretary may--
            (1) enter into cooperative agreements, financial 
        agreements, grant agreements, contractual agreements, or other 
        agreements with Federal, State, and local government agencies 
        and other persons and entities to carry out this title; and
            (2) execute such memoranda of understanding as are 
        necessary to reflect any such agreement.

SEC. 308. EXPENDITURES.

    (a) Administrative Expenses and Staffing.--From the amounts 
authorized by section 101(a)(3) to be available to carry out this title 
$7,500,000 shall be made available to the Secretary of Commerce for the 
administration of this title for fiscal year 2000 and for each year 
thereafter.
    (b) Technical Project Assistance.--The Secretary may withhold up to 
25 percent of the cost of an approved project for the cost of any 
technical or other assistance provided on that project to the State by 
the Secretary.

                    TITLE IV--CORAL REEF PROTECTION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Coral Reef Protection Act of 
2000''.

SEC. 402. FINDINGS.

    The Congress finds the following:
            (1) Coral reefs and coral reef ecosystems are considered 
        the marine equivalent of tropical rain forests, containing some 
        of the planet's richest biological diversity, habitats, and 
        systems and supporting thousands of fish, invertebrates, reef 
        algae, plankton, sea grasses, and other species.
            (2) Coral reefs and coral reef ecosystems have great 
        commercial, recreational, cultural, and aesthetic value to 
        human communities as shoreline protection, areas of natural 
        beauty, and sources of food, pharmaceuticals, jobs, and 
        revenues through a wide variety of activities, including 
        education, research, tourism, and fishing.
            (3) Studies indicate that coral reefs in the United States 
        and around the world are being degraded and severely threatened 
        by human and environmental impacts including land-based 
        pollution, overfishing, destructive fishing practices, vessel 
        groundings, and climate change.
            (4) Since 1994, under the United States Coral Reef 
        Initiative, Federal agencies, State, local, territorial, 
        commonwealth, and local governments, nongovernmental 
        organizations, and commercial interests have worked together to 
        design and implement additional management, education, 
        monitoring, research, and restoration efforts to conserve coral 
        reef ecosystems.
            (5) 1997 was recognized as the Year of the Reef to raise 
        public awareness about the importance of conserving coral reefs 
        and to facilitate actions to protect coral reef ecosystems.
            (6) On October 21, 1997, the 105th Congress passed House 
        Concurrent Resolution 8, a concurrent resolution recognizing 
        the significance of maintaining the health and stability of 
        coral reef ecosystems by promoting comprehensive stewardship 
        for coral reef ecosystems, discouraging unsustainable fisheries 
        or other practices harmful to coral reefs, encouraging 
        research, monitoring, assessment of, and education on coral 
        reef ecosystems, improving coordination of coral reef efforts 
        and activities of Federal agencies, academic institutions, 
        nongovernmental organizations, and industry, and promoting 
        preservation and sustainable use of coral reef resources 
        worldwide.
            (7) 1998 was declared to be the International Year of the 
        Ocean to raise public awareness and increase actions to 
        conserve and use in a sustainable manner the broader ocean 
        environment, including coral reefs.
            (8) On June 11, 1998, President William Jefferson Clinton 
        signed Executive Order 13089 (64 Fed. Reg. 323701) which 
        recognizes the importance of conserving coral reef ecosystems, 
        establishes the Coral Reef Task Force under the joint 
        leadership of the Departments of Commerce and Interior, and 
        directs Federal agencies whose actions may affect United States 
        coral reef ecosystems to take steps to protect, manage, 
        research, and restore such ecosystems.
            (9) The Nation benefits from--
                    (A) specific actions and programs involving coral 
                reefs and coral reef ecosystems including National 
                Marine Sanctuaries, National Wildlife Refuges, National 
                Parks, and other marine protected areas that conserve 
                for future generations vital marine resources, 
                ecosystems, and habitats;
                    (B) the identification of coral habitats as 
                essential fish habitat under the Magnuson-Stevens 
                Fishery Conservation and Management Act, which requires 
                aggressive efforts to minimize adverse effects on such 
                habitat caused by fishing;
                    (C) identification of other actions to encourage 
                the conservation and enhancement of such habitat; and
                    (D) State and territorial coastal management 
                programs for the protection, development, and where 
                possible, restoration and enhancement of the resources 
                of the Nation's coastal zone for this and succeeding 
                generations under the Coastal Zone Management Act and 
                other related statutes.
            (10) Legislation solely dedicated to the comprehensive and 
        coordinated conservation, management, protection, and 
        restoration of coral reefs and coral reef ecosystems would 
        supplement Executive Order 13089 and House Concurrent 
        Resolution 8, and complement the management, protection, and 
        conservation provided by such programs as those administered 
        under the National Marine Sanctuaries Act, Coastal Zone 
        Management Act, and Magnuson-Stevens Fishery Conservation and 
        Management Act, as well as those administered by other Federal, 
        State, and territorial agencies.

SEC. 403. POLICY.

    It is the policy of the United States--
            (1) to conserve and protect the ecological integrity of 
        coral reef ecosystems;
            (2) to maintain the health, natural conditions, and 
        dynamics of those ecosystems;
            (3) to reduce and remove human stresses affecting reefs;
            (4) to restore coral reef ecosystems injured by human 
        activities; and
            (5) to promote the long-term sustainable use of coral reef 
        ecosystems.

SEC. 404. PURPOSES.

    The purposes of this title are--
            (1) to preserve, sustain, and restore the health of coral 
        reef ecosystems;
            (2) to assist in the conservation and protection of coral 
        reefs by supporting conservation programs;
            (3) to provide financial resources for those programs; and
            (4) to establish a formal mechanism for collecting and 
        allocating monetary donations from the private sector to be 
        used for coral reef conservation projects.

SEC. 405. DEFINITIONS.

    In this title:
            (1) Coral.--The term ``coral'' means species of the phylum 
        Cnidaria, including--
                     (A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Alcyonacea (soft 
                corals), Gorgonacea (horny corals), Stolonifera (organ 
                pipe corals and others), and Helioporacea (blue coral) 
                of the class Anthozoa; and
                     (B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals) of the class Hydrozoa.
            (2) Coral reef.--The term ``coral reef'' means any reef, 
        shoal, or other natural feature composed primarily of the solid 
        skeletal structures in which stony corals are major framework 
        constituents, within all maritime areas and zones subject to 
        the jurisdiction or control of the United States (e.g. Federal, 
        State, territorial, or commonwealth waters), including in the 
        south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean.
            (3) Coral reef ecosystem.--The term ``coral reef 
        ecosystem'' means the interacting complex of species (including 
        reef plants of the phlya Chlorophyta, Phaeophyta, and 
        Rhodophyta) and nonliving variables associated with coral reefs 
        and their habitats which--
                    (A) function as an ecological unit in nature; and
                    (B) are mutually dependent on this function to 
                continue.
            (4) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to preserve or sustain 
        coral reefs and coral reef ecosystems as diverse, viable, and 
        self-perpetuating ecosystems, including--
                    (A) all activities associated with resource 
                management, such as assessment, science, conservation, 
                protection, restoration, sustainable use, management of 
                habitat, and water quality;
                    (B) habitat monitoring;
                    (C) 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.) and other Federal, State, 
                and territorial statutes;
                    (D) law enforcement;
                    (E) conflict resolution initiatives;
                    (F) community outreach and education; and
                    (G) promotion of safe and ecologically sound 
                navigation.
            (5) Person.--The term ``person'' has the meaning given that 
        term by section 1 of title 1, United States Code, but includes 
        departments, agencies, and instrumentalities of the United 
        States Government or any State or local government.
            (6) Foundation.--The term ``foundation'' means any 
        qualified non-profit organization that specializes in natural 
        resource conservation.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (8) State.--The term ``State'' means any coastal State of 
        the United States that contains coral within its seaward 
        boundaries, and American Samoa, Guam, the Northern Mariana 
        Islands, Puerto Rico, and the U.S. Virgin Islands, and any 
        other commonwealth, territory, or possession of the United 
        States that contains coral within its seaward boundaries.

SEC. 406. CORAL REEF RESTORATION AND CONSERVATION PROGRAM.

    (a) Financial Assistance.--The Secretary of Commerce subject to the 
availability of funds, may provide financial assistance for projects 
that--
            (1) provide for the restoration of degraded or injured 
        coral reefs or coral reef ecosystems, including developing and 
        implementing cost-effective methods to restore or enhance 
        degraded or injured coral reefs and coral reef ecosystems; or
            (2) provide for the conservation of coral reefs or coral 
        reef ecosystems through projects other than those under 
        paragraph (1), that provide for the management, conservation, 
        and protection of coral reefs and coral reef ecosystems, 
        including mapping and assessment, management, protection 
        (including enforcement), scientific research, and short-term 
        and long-term monitoring that benefits the long-term 
        conservation of coral reefs and coral reef ecosystems.
    (b) Matching Requirements.--
            (1) 75-percent federal funding.--Except as provided in 
        paragraph (2), Federal funds for any project under this section 
        shall not exceed 75 percent of the total cost of such project. 
        In calculating that percentage, the non-Federal share of 
        project costs may be provided by in-kind contributions and 
        other noncash support.
            (2) Exceptions.--
                    (A) Small projects.--There are no matching 
                requirements for grants under subsection (a) for 
                projects costing not more than $25,000.
                    (B) Higher level of support required.--If the 
                Secretary determines that a proposed project merits 
                support and cannot be undertaken without a higher rate 
of Federal support, then the Secretary may approve grants under this 
section with a matching requirement other than that specified in 
paragraph (1).
    (c) Eligibility.--Any relevant natural resource management 
authority of a State or territory of the United States 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 non-governmental institutions with 
demonstrated expertise in the conservation of coral reefs, may submit a 
coral reef restoration or conservation proposal to the Secretary under 
subsection (a).
    (d) Allocation.--The Secretary shall ensure that financial 
assistance provided under subsection (a) during a fiscal year is 
distributed so that--
            (1) not less than 40 percent of the funds available are 
        awarded for coral reef restoration and conservation projects in 
        the Pacific Ocean;
            (2) not less than 40 percent of the funds available are 
        awarded for coral reef restoration and conservation projects in 
        the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; 
        and
            (3) remaining funds are awarded for coral reef restoration 
        and conservation projects that address emerging priorities or 
        threats identified by the Secretary in consultation with the 
        Coral Reef Task Force under subsection (j).
    (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 succinct statement of the purposes of the project.
            (3) A description of the qualifications of the individuals 
        who will conduct the project.
            (4) An estimate of the funds and time required to complete 
        the project.
            (5) Evidence of support of the project by appropriate 
        representatives of States or territories of the United 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, as appropriate.
            (7) A description of how the project meets one or more of 
        the criteria in subsection (g) of this section.
            (8) Any other information the Secretary 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 Secretary shall review each final 
        coral reef conservation project proposal to determine if it 
        meets the criteria set forth in subsection (g).
            (2) Review; approval or disapproval.--Not later than 3 
        months after receiving a final project proposal under this 
        section, the Secretary shall--
                    (A) request written comments on the proposal from 
                each Federal, State or territorial agency of the United 
                States and other government jurisdictions, 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 reefs 
                or 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;
                    (B) for projects costing less than $25,000, provide 
                for expedited peer review of the proposal;
                    (C) for projects costing $25,000 or greater, 
                provide for the regional, merit-based peer review of 
                the proposal and require standardized documentation of 
                that peer review;
                    (D) after considering any written comments and 
                recommendations based on the reviews under 
                subparagraphs (A) and (B), approve or disapprove the 
                proposal; and
                    (E) provide written notification of that approval 
                or disapproval to the person who submitted the 
                proposal, and each of those States, territories, and 
                other government jurisdictions.
    (g) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section based on the written comments 
received and the extent that the project will enhance the conservation 
of coral reefs by--
            (1) implementing coral reef conservation programs which 
        promote sustainable development and ensure effective, long-term 
        conservation of coral reefs;
            (2) addressing, and to the extent practicable, resolving 
        the conflicts arising from the use of environments near coral 
        reefs or from the use of any living or dead specimens, port, or 
        derivatives, or any product containing specimens, ports, or 
        derivatives, of any coral or coral reef ecosystem;
            (3) enhancing compliance with laws that prohibit or 
        regulate the taking of corals, species associated with coral 
        reefs, and coral products 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;
            (5) promoting cooperative projects on coral reef 
        conservation that involve affected local communities, non-
        governmental organizations, or others in the private sector; or
            (6) increasing public knowledge and awareness of coral reef 
        ecosystems and issues regarding their long term conservation.
    (h) Implementation Guidelines.--Within 90 days after the date of 
enactment of this Act, the Secretary shall promulgate necessary 
guidelines for implementing this section. In developing those 
guidelines, the Secretary shall consult with regional and local 
entities, including States and territories, involved in setting 
priorities for conservation of coral reefs.
    (i) Technical Assistance.--The Secretary may provide technical 
assistance to any State or Federal agency with jurisdiction over coral 
reefs and coral reef ecosystems to further the purposes of this title.
    (j) Coral Reef Task Force.--The Secretary shall consult with the 
Coral Reef Task Force established under Executive Order 13089 (64 Fed. 
Reg. 323701), to obtain guidance in establishing coral reef 
conservation project priorities under this section.

SEC. 407. NATIONAL PROGRAM.

    (a)  In General.--The Secretary may conduct activities that further 
the conservation of coral reefs or coral reef ecosystems on a regional, 
national, or international scale, or that further public awareness and 
education regarding coral reefs and coral reef ecosystems on a 
regional, national, or international scale. The activities should, to 
the extent practicable, supplement and be consistent with the programs, 
policies, and statutes of affected States and territories, the National 
Marine Sanctuaries Act, the Coastal Zone Management Act, and the 
Magnuson-Stevens Fishery Conservation and Management Act, other 
applicable Federal statutes, and, at a minimum, should include mapping 
and assessment, monitoring, management, and scientific research that 
benefits the long-term conservation of coral reefs and coral reef 
ecosystems.
    (b) Financial Assistance.--The Secretary may enter into joint 
projects with any Federal, State, territorial, or local authority, or 
provide financial assistance to any person for projects consistent with 
subsection (a), including projects that--
            (1) support, promote, and coordinate the assessment of, 
        scientific research on, monitoring of, or restoration of coral 
        reefs and coral reef ecosystems of the United States;
            (2) cooperate with global and regional programs that 
        conserve, manage, protect, and study coral reefs and coral reef 
        ecosystems; or
            (3) enhance public awareness, understanding, and 
        appreciation of coral reefs and coral reef ecosystems.

SEC. 408. DOCUMENTATION OF CERTAIN VESSELS.

    Section 12102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(e) A vessel otherwise eligible to be documented under this 
section may not be documented as a vessel of the United States if--
            ``(1) the owner of the vessel has abandoned any vessel on a 
        coral reef located in waters subject to the jurisdiction of the 
        United States; and
            ``(2) the abandoned vessel remains on the coral reef or was 
        removed from the coral reef under section 405 or 406 of the 
        Coral Reef Protection Act of 2000 (or any other provision of 
        law in pari materia enacted after 1999), unless the owner of 
        the vessel has reimbursed the United States for environmental 
        damage caused by the vessel and the funds expended to remove 
        it.''.

SEC. 409. REGULATIONS; CORAL REEF CONSERVATION FUND.

    (a) Regulations.--Within 90 days after the date of enactment of 
this Act, the Secretary shall promulgate necessary regulations for 
implementing this section. In developing those regulations, the 
Secretary shall consult with regional and local entities, including 
States and territories, involved in setting priorities for conservation 
of coral reefs.
    (b) Fund.--The Secretary may enter into an agreement with a 
foundation authorizing the foundation to receive, hold, and administer 
funds received by the foundation pursuant to this section. The 
foundation 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 the foundation solely to support partnerships between 
the public and private sectors that further the purposes of this title.
    (c) Authorization to Solicit Donations.--Consistent with section 4 
of the National Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703), and pursuant to the agreement entered into under 
subsection (b) of this section, a foundation may accept, receive, 
solicit, hold, administer, and use any gift or donation to further the 
purposes of this title. Such funds shall be deposited and maintained in 
the Fund established by a foundation under subsection (b) of this 
section.
    (d) Review of Performance.--The Secretary shall conduct a 
continuing review of the grant program administered by a foundation 
under this section. Each review shall include a written assessment 
concerning the extent to which that foundation has implemented the 
goals and requirements of this section.
    (e) Administration.--Under the agreement entered into pursuant to 
subsection (b) of this section, the Secretary may transfer funds 
appropriated under section 361(b)(1) to a foundation. Amounts received 
by a foundation under this subsection may be used for matching, in 
whole or in part, contributions (whether in currency, services, or 
property) made to the foundation by private persons and State and local 
government agencies.

SEC. 410. USE OF APPROPRIATED FUNDS.

    (a) Restoration and Conservation Projects.--Not more than 
$15,000,000 of the amounts available to carry out this title shall be 
used by the Secretary to support coral reef restoration and 
conservation projects under section 406(a), of which not more than 20 
percent shall be used for technical assistance provided by the 
Secretary.
    (b) National Program.--Not more than $5,000,000 of the amounts 
available to carry out this title shall be used by the Secretary to 
support coral reef conservation projects under section 407.
    (c) Administration.--Not more than 1 percent of the amounts made 
available under subsection (a) may be used by the Secretary for 
administration of this title.
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