II
106TH CONGRESS
2D SESSION
H. R. 1653
IN THE SENATE OF THE UNITED STATES
NOVEMBER 1 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To complete the orderly withdrawal of the NOAA from the
civil administration of the Pribilof Islands, Alaska, and
to assist in the conservation of coral reefs, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—PRIBILOF ISLANDS
SEC. 101. SHORT TITLE.
This title may be referred to as the ‘‘Pribilof Islands
Transition Act’’.
SEC. 102. PURPOSE.
The purpose of this title is to complete the orderly
withdrawal of the National Oceanic and Atmospheric Ad-
ministration from the civil administration of the Pribilof
Islands, Alaska.
SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS
UNDER FUR SEAL ACT OF 1966.
Public Law 89–702 (16 U.S.C. 1151 et seq.), popu-
larly known and referred to in this title as the Fur Seal
Act of 1966, is amended by amending section 206 (16
U.S.C. 1166) to read as follows:
‘‘SEC. 206. FINANCIAL ASSISTANCE.
‘‘(a) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—Subject to the availability
of appropriations, the Secretary shall provide finan-
cial assistance to any city government, village cor-
poration, or tribal council of St. George, Alaska, or
St. Paul, Alaska.
‘‘(2) USE
FOR
MATCHING.—Notwithstanding
any other provision of law relating to matching
funds, funds provided by the Secretary as assistance
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under this subsection may be used by the entity as
non-Federal matching funds under any Federal pro-
gram that requires such matching funds.
‘‘(3) RESTRICTION
ON
USE.—The Secretary
may not use financial assistance authorized by this
Act—
‘‘(A) to settle any debt owed to the United
States;
‘‘(B) for administrative or overhead ex-
penses; or
‘‘(C) for contributions sought or required
from any person for costs or fees to clean up
any matter that was caused or contributed to
by such person on or after March 15, 2000.
‘‘(4) FUNDING
INSTRUMENTS
AND
PROCE-
DURES.—In providing assistance under this sub-
section the Secretary shall transfer any funds appro-
priated to carry out this section to the Secretary of
the Interior, who shall obligate such funds through
instruments and procedures that are equivalent to
the instruments and procedures required to be used
by the Bureau of Indian Affairs pursuant to title IV
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 et seq.).
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‘‘(5) PRO
RATA
DISTRIBUTION
OF
ASSIST-
ANCE.—In any fiscal year for which less than all of
the funds authorized under subsection (c)(1) are ap-
propriated, such funds shall be distributed under
this subsection on a pro rata basis among the enti-
ties referred to in subsection (c)(1) in the same pro-
portions in which amounts are authorized by that
subsection for grants to those entities.
‘‘(b) SOLID WASTE ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to the availability
of appropriations, the Secretary shall provide assist-
ance to the State of Alaska for designing, locating,
constructing, redeveloping, permitting, or certifying
solid waste management facilities on the Pribilof Is-
lands to be operated under permits issued to the
City of St. George and the City of St. Paul, Alaska,
by the State of Alaska under section 46.03.100 of
the Alaska Statutes.
‘‘(2) TRANSFER.—The Secretary shall transfer
any appropriations received under paragraph (1) to
the State of Alaska for the benefit of rural and Na-
tive villages in Alaska for obligation under section
303 of Public Law 104–182, except that subsection
(b) of that section shall not apply to those funds.
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‘‘(3) LIMITATION.—In order to be eligible to re-
ceive financial assistance under this subsection, not
later than 180 days after the date of enactment of
this paragraph, each of the Cities of St. Paul and
St. George shall enter into a written agreement with
the State of Alaska under which such City shall
identify by its legal boundaries the tract or tracts of
land that such City has selected as the site for its
solid waste management facility and any supporting
infrastructure.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for fis-
cal years 2001, 2002, 2003, 2004, and 2005—
‘‘(1) for assistance under subsection (a) a total
not to exceed—
‘‘(A) $9,000,000, for grants to the City of
St. Paul;
‘‘(B) $6,300,000, for grants to the
Tanadgusix Corporation;
‘‘(C) $1,500,000, for grants to the St.
Paul Tribal Council;
‘‘(D) $6,000,000, for grants to the City of
St. George;
‘‘(E) $4,200,000, for grants to the St.
George Tanaq Corporation; and
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‘‘(F) $1,000,000, for grants to the St.
George Tribal Council; and
‘‘(2) for assistance under subsection (b), for fis-
cal years 2001, 2002, 2003, 2004, and 2005 a total
not to exceed—
‘‘(A) $6,500,000 for the City of St. Paul;
and
‘‘(B) $3,500,000 for the City of St.
George.
‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB-
BYING ACTIVITIES.—None of the funds authorized by this
section may be available for any activity a purpose of
which is to influence legislation pending before the Con-
gress, except that this subsection shall not prevent officers
or employees of the United States or of its departments,
agencies, or commissions from communicating to Members
of Congress, through proper channels, requests for legisla-
tion or appropriations that they consider necessary for the
efficient conduct of public business.
‘‘(e) IMMUNITY
FROM
LIABILITY.—Neither the
United States nor any of its agencies, officers, or employ-
ees shall have any liability under this Act or any other
law associated with or resulting from the designing, locat-
ing, contracting for, redeveloping, permitting, certifying,
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operating, or maintaining any solid waste management fa-
cility on the Pribilof Islands as a consequence of—
‘‘(1) having provided assistance to the State of
Alaska under subsection (b); or
‘‘(2) providing funds for, or planning, con-
structing, or operating, any interim solid waste man-
agement facilities that may be required by the State
of Alaska before permanent solid waste management
facilities constructed with assistance provided under
subsection (b) are complete and operational.
‘‘(f) REPORT
ON
EXPENDITURES.—Each entity
which receives assistance authorized under subsection (c)
shall submit an audited statement listing the expenditure
of that assistance to the Committee on Appropriations and
the Committee on Resources of the House of Representa-
tives and the Committee on Appropriations and the Com-
mittee on Commerce, Science, and Transportation of the
Senate, on the last day of fiscal years 2002, 2004, and
2006.
‘‘(g) CONGRESSIONAL INTENT.—Amounts authorized
under subsection (c) are intended by Congress to be pro-
vided in addition to the base funding appropriated to the
National Oceanic and Atmospheric Administration in fis-
cal year 2000.’’.
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SEC. 104. DISPOSAL OF PROPERTY.
Section 205 of the Fur Seal Act of 1966 (16 U.S.C.
1165) is amended—
(1) by amending subsection (c) to read as fol-
lows:
‘‘(c) Not later than 3 months after the date of the
enactment of the Pribilof Islands Transition Act, the Sec-
retary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives a re-
port that includes—
‘‘(1) a description of all property specified in
the document referred to in subsection (a) that has
been conveyed under that subsection;
‘‘(2) a description of all Federal property speci-
fied in the document referred to in subsection (a)
that is going to be conveyed under that subsection;
and
‘‘(3) an identification of all Federal property on
the Pribilof Islands that will be retained by the Fed-
eral Government to meet its responsibilities under
this Act, the Convention, and any other applicable
law.’’; and
(2) by striking subsection (g).
SEC. 105. TERMINATION OF RESPONSIBILITIES.
(a) FUTURE OBLIGATION.—
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(1) IN GENERAL.—The Secretary of Commerce
shall not be considered to have any obligation to pro-
mote or otherwise provide for the development of
any form of an economy not dependent on sealing on
the Pribilof Islands, Alaska, including any obligation
under section 206 of the Fur Seal Act of 1966 (16
U.S.C. 1166) or section 3(c)(1)(A) of Public Law
104–91 (16 U.S.C. 1165 note).
(2) SAVINGS.—This subsection shall not affect
any cause of action under section 206 of the Fur
Seal Act of 1966 (16 U.S.C. 1166) or section
3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165
note)—
(A) that arose before the date of the enact-
ment of this title; and
(B) for which a judicial action is filed be-
fore the expiration of the 5-year period begin-
ning on the date of the enactment of this title.
(3) RULE OF CONSTRUCTION.—Nothing in this
title shall be construed to imply that—
(A) any obligation to promote or otherwise
provide for the development in the Pribilof Is-
lands of any form of an economy not dependent
on sealing was or was not established by section
206 of the Fur Seal Act of 1966 (16 U.S.C.
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1166), section 3(c)(1)(A) of Public Law 104–91
(16 U.S.C. 1165 note), or any other provision
of law; or
(B) any cause of action could or could not
arise with respect to such an obligation.
(4) 
CONFORMING
AMENDMENT.—Section
3(c)(1) of Public Law 104–91 (16 U.S.C. 1165
note) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) in
order as subparagraphs (A) through (C).
(b) PROPERTY CONVEYANCE AND CLEANUP.—
(1) IN GENERAL.—Subject to paragraph (2),
there are terminated all obligations of the Secretary
of Commerce and the United States to—
(A) convey property under section 205 of
the Fur Seal Act of 1966 (16 U.S.C. 1165);
and
(B) carry out cleanup activities, including
assessment, response, remediation, and moni-
toring, except for postremedial measures such
as monitoring and operation and maintenance
activities, related to National Oceanic and At-
mospheric Administration administration of the
Pribilof Islands, Alaska, under section 3 of
Public Law 104–91 (16 U.S.C. 1165 note) and
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the Pribilof Islands Environmental Restoration
Agreement between the National Oceanic and
Atmospheric Administration and the State of
Alaska, signed January 26, 1996.
(2) APPLICATION.—Paragraph (1) shall apply
on and after the date on which the Secretary of
Commerce certifies that—
(A) the State of Alaska has provided writ-
ten confirmation that no further corrective ac-
tion is required at the sites and operable units
covered by the Pribilof Islands Environmental
Restoration Agreement between the National
Oceanic and Atmospheric Administration and
the State of Alaska, signed January 26, 1996,
with the exception of postremedial measures,
such as monitoring and operation and mainte-
nance activities;
(B) the cleanup required under section
3(a) of Public Law 104–91 (16 U.S.C. 1165
note) is complete;
(C) the properties specified in the docu-
ment referred to in subsection (a) of section
205 of the Fur Seal Act of 1966 (16 U.S.C.
1165(a)) can be unconditionally offered for con-
veyance under that section; and
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(D) all amounts appropriated under sec-
tion 206(c)(1) of the Fur Seal Act of 1966, as
amended by this title, have been obligated.
(3) FINANCIAL CONTRIBUTIONS FOR CLEANUP
COSTS.—(A) On and after the date on which section
3(b)(5) of Public Law 104–91 (16 U.S.C. 1165
note) is repealed pursuant to subsection (c), the Sec-
retary of Commerce may not seek or require finan-
cial contribution by or from any local governmental
entity of the Pribilof Islands, any official of such an
entity, or the owner of land on the Pribilof Islands,
for cleanup costs incurred pursuant to section 3(a)
of Public Law 104–91 (as in effect before such re-
peal), except as provided in subparagraph (B).
(B) Subparagraph (A) shall not limit the au-
thority of the Secretary of Commerce to seek or re-
quire financial contribution from any person for
costs or fees to clean up any matter that was caused
or contributed to by such person on or after March
15, 2000.
(4) CERTAIN RESERVED RIGHTS NOT CONDI-
TIONS.—For purposes of paragraph (2)(C), the fol-
lowing requirements shall not be considered to be
conditions on conveyance of property:
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(A) Any requirement that a potential
transferee must allow the National Oceanic and
Atmospheric Administration continued access to
the property to conduct environmental moni-
toring following remediation activities.
(B) Any requirement that a potential
transferee must allow the National Oceanic and
Atmospheric Administration access to the prop-
erty to continue the operation, and eventual clo-
sure, of treatment facilities.
(C) Any requirement that a potential
transferee must comply with institutional con-
trols to ensure that an environmental cleanup
remains protective of human health or the envi-
ronment that do not unreasonably affect the
use of the property.
(D) Valid existing rights in the property,
including rights granted by contract, permit,
right-of-way, or easement.
(E) The terms of the documents described
in subsection (d)(2).
(c) REPEALS.—Effective on the date on which the
Secretary of Commerce makes the certification described
in subsection (b)(2), the following provisions are repealed:
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(1) Section 205 of the Fur Seal Act of 1966
(16 U.S.C. 1165).
(2) Section 3 of Public Law 104–91 (16 U.S.C.
1165 note).
(d) SAVINGS.—
(1) IN GENERAL.—Nothing in this title shall af-
fect any obligation of the Secretary of Commerce, or
of any Federal department or agency, under or with
respect to any document described in paragraph (2)
or with respect to any lands subject to such a docu-
ment.
(2) DOCUMENTS DESCRIBED.—The documents
referred to in paragraph (1) are the following:
(A) The Transfer of Property on the
Pribilof Islands: Description, Terms, and Con-
ditions, dated February 10, 1984, between the
Secretary of Commerce and various Pribilof Is-
land entities.
(B) The Settlement Agreement between
Tanadgusix Corporation and the City of St.
Paul, dated January 11, 1988, and approved by
the Secretary of Commerce on February 23,
1988.
(C) The Memorandum of Understanding
between Tanadgusix Corporation, Tanaq Cor-
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poration, and the Secretary of Commerce, dated
December 22, 1976.
(e) DEFINITIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the definitions set forth in section 101 of
the Fur Seal Act of 1966 (16 U.S.C. 1151) shall
apply to this section.
(2) NATIVES OF THE PRIBILOF ISLANDS.—For
purposes of this section, the term ‘‘Natives of the
Pribilof Islands’’ includes the Tanadgusix Corpora-
tion, the St. George Tanaq Corporation, and the city
governments and tribal councils of St. Paul and St.
George, Alaska.
SEC. 106. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Section 3 of Public Law 104–91 (16 U.S.C. 1165
note) and the Fur Seal Act of 1966 (16 U.S.C. 1151 et
seq.) are amended by—
(1) striking ‘‘(d)’’ and all that follows through
the heading for subsection (d) of section 3 of Public
Law 104–91 and inserting ‘‘SEC. 212.’’; and
(2) moving and redesignating such subsection
so as to appear as section 212 of the Fur Seal Act
of 1966.
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(b) Section 201 of the Fur Seal Act of 1966 (16
U.S.C. 1161) is amended by striking ‘‘on such Islands’’
and insert ‘‘on such property’’.
(c) The Fur Seal Act of 1966 (16 U.S.C. 1151 et
seq.) is amended by inserting before title I the following:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Fur Seal Act of
1966’.’’.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of Public Law 104–91 (16 U.S.C. 1165
note) is amended—
(1) by striking subsection (f) and inserting the
following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated $10,000,000 for each of fiscal years
2001, 2002, 2003, 2004, and 2005 for the purposes
of carrying out this section.
‘‘(2) LIMITATION.—None of the funds author-
ized by this subsection may be expended for the pur-
pose of cleaning up or remediating any landfills,
wastes, dumps, debris, storage tanks, property, haz-
ardous or unsafe conditions, or contaminants, in-
cluding petroleum products and their derivatives, left
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by the Department of Defense or any of its compo-
nents on lands on the Pribilof Islands, Alaska.’’; and
(2) by adding at the end the following:
‘‘(g) LOW-INTEREST LOAN PROGRAM.—
‘‘(1) CAPITALIZATION OF REVOLVING FUND.—
Of amounts authorized under subsection (f) for each
of fiscal years 2001, 2002, 2003, 2004, and 2005,
the Secretary may provide to the State of Alaska up
to $2,000,000 per fiscal year to capitalize a revolv-
ing fund to be used by the State for loans under this
subsection.
‘‘(2) LOW-INTEREST
LOANS.—The Secretary
shall require that any revolving fund established
with amounts provided under this subsection shall be
used only to provide low-interest loans to Natives of
the Pribilof Islands to assess, respond to, remediate,
and monitor contamination from lead paint, asbes-
tos, and petroleum from underground storage tanks.
‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE-
FINED.—The definitions set forth in section 101 of
the Fur Seal Act of 1966 (16 U.S.C. 1151) shall
apply to this section, except that the term ‘Natives
of the Pribilof Islands’ includes the Tanadgusix and
Tanaq Corporations.
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‘‘(4) REVERSION OF FUNDS.—Before the Sec-
retary may provide any funds to the State of Alaska
under this section, the State of Alaska and the Sec-
retary must agree in writing that, on the last day of
fiscal year 2011, and of each fiscal year thereafter
until the full amount provided to the State of Alaska
by the Secretary under this section has been repaid
to the United States, the State of Alaska shall
transfer to the Treasury of the United States monies
remaining in the revolving fund, including principal
and interest paid into the revolving fund as repay-
ment of loans.’’.
TITLE II—CORAL REEF
CONSERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Coral Reef Conserva-
tion Act of 2000’’.
SEC. 202. PURPOSES.
The purposes of this title are—
(1) to preserve, sustain, and restore the condi-
tion of coral reef ecosystems;
(2) to promote the wise management and sus-
tainable use of coral reef ecosystems to benefit local
communities and the Nation;
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(3) to develop sound scientific information on
the condition of coral reef ecosystems and the
threats to such ecosystems;
(4) to assist in the preservation of coral reefs
by supporting conservation programs, including
projects that involve affected local communities and
nongovernmental organizations;
(5) to provide financial resources for those pro-
grams and projects; and
(6) to establish a formal mechanism for col-
lecting and allocating monetary donations from the
private sector to be used for coral reef conservation
projects.
SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Commerce, Science, and Trans-
portation of the Senate and to the Committee on Re-
sources of the House of Representatives and publish in
the Federal Register a national coral reef action strategy,
consistent with the purposes of this title. The Adminis-
trator shall periodically review and revise the strategy as
necessary. In developing this national strategy, the Sec-
retary may consult with the Coral Reef Task Force estab-
lished under Executive Order 13089 (June 11, 1998).
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(b) GOALS AND OBJECTIVES.—The action strategy
shall include a statement of goals and objectives as well
as an implementation plan, including a description of the
funds obligated each fiscal year to advance coral reef con-
servation. The action strategy and implementation plan
shall include discussion of—
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;
(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States or
Federal agencies, including regional fishery manage-
ment councils; and
(8) conservation, including how the use of ma-
rine protected areas to serve as replenishment zones
will be developed consistent with local practices and
traditions.
SEC. 204. CORAL REEF CONSERVATION PROGRAM.
(a) GRANTS.—The Secretary, through the Adminis-
trator and subject to the availability of funds, shall provide
grants of financial assistance for projects for the conserva-
tion of coral reefs (hereafter in this title referred to as
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‘‘coral conservation projects’’), for proposals approved by
the Administrator in accordance with this section.
(b) MATCHING REQUIREMENTS.—
(1) 50 PERCENT.—Except as provided in para-
graph (2), Federal funds for any coral conservation
project under this section may not exceed 50 percent
of the total cost of such project. For purposes of this
paragraph, the non-Federal share of project costs
may be provided by in-kind contributions and other
noncash support.
(2) WAIVER.—The Administrator may waive all
or part of the matching requirement under para-
graph (1) if the Administrator determines that no
reasonable means are available through which appli-
cant can meet the matching requirement and the
probable benefit of such project outweighs the public
interest in such matching requirement.
(c) ELIGIBILITY.—Any natural resource management
authority of a State or other government authority with
jurisdiction over coral reefs or whose activities directly or
indirectly affect coral reefs, or coral reef ecosystems, or
educational or nongovernmental institutions with dem-
onstrated expertise in the conservation of coral reefs, may
submit to the Administrator a coral conservation proposal
under subsection (e).
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(d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The
Administrator shall ensure that funding for grants award-
ed under subsection (b) during a fiscal year are distributed
in the following manner:
(1) No less than 40 percent of funds available
shall be awarded for coral conservation projects in
the Pacific Ocean within the maritime areas and
zones subject to the jurisdiction or control of the
United States.
(2) No less than 40 percent of the funds avail-
able shall be awarded for coral conservation projects
in the Atlantic Ocean, the Gulf of Mexico, and the
Caribbean Sea within the maritime areas and zones
subject to the jurisdiction or control of the United
States.
(3) Remaining funds shall be awarded for
projects that address emerging priorities or threats,
including international priorities or threats, identi-
fied by the Administrator. When identifying emerg-
ing threats or priorities, the Administrator may con-
sult with the Coral Reef Task Force.
(e) PROJECT PROPOSALS.—Each proposal for a
grant under this section shall include the following:
(1) The name of the individual or entity respon-
sible for conducting the project.
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(2) A description of the qualifications of the in-
dividuals who will conduct the project.
(3) A succinct statement of the purposes of the
project.
(4) An estimate of the funds and time required
to complete the project.
(5) Evidence of support for the project by ap-
propriate representatives of States or other govern-
ment jurisdictions in which the project will be con-
ducted.
(6) Information regarding the source and
amount of matching funding available to the appli-
cant.
(7) A description of how the project meets one
or more of the criteria in subsection (g).
(8) Any other information the Administrator
considers to be necessary for evaluating the eligi-
bility of the project for funding under this title.
(f) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—The Administrator shall re-
view each coral conservation project proposal to de-
termine if it meets the criteria set forth in sub-
section (g).
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(2) REVIEW; APPROVAL OR DISAPPROVAL.—Not
later than 6 months after receiving a project pro-
posal under this section, the Administrator shall—
(A) request and consider written comments
on the proposal from each Federal agency,
State government, or other government jurisdic-
tion, 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 jurisdic-
tion or management authority over coral reef
ecosystems in the area where the project is to
be conducted, including the extent to which the
project is consistent with locally-established pri-
orities;
(B) provide for the merit-based peer review
of the proposal and require standardized docu-
mentation of that peer review;
(C) after considering any written com-
ments and recommendations based on the re-
views under subparagraphs (A) and (B), ap-
prove or disapprove the proposal; and
(D) provide written notification of that ap-
proval or disapproval to the person who sub-
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mitted the proposal, and each of those States
and other government jurisdictions that pro-
vided comments under subparagraph (A).
(g) CRITERIA FOR APPROVAL.—The Administrator
may not approve a project proposal under this section un-
less the project is consistent with the coral reef action
strategy under section 203 and will enhance the conserva-
tion of coral reefs by—
(1) implementing coral conservation programs
which promote sustainable development and ensure
effective, long-term conservation of coral reefs;
(2) addressing the conflicts arising from the use
of environments near coral reefs or from the use of
corals, species associated with coral reefs, and coral
products;
(3) enhancing compliance with laws that pro-
hibit or regulate the taking of coral products or spe-
cies associated with coral reefs or regulate the use
and management of coral reef ecosystems;
(4) developing sound scientific information on
the condition of coral reef ecosystems or the threats
to such ecosystems, including factors that cause
coral disease;
(5) promoting and assisting to implement coop-
erative coral reef conservation projects that involve
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affected local communities, nongovernmental organi-
zations, or others in the private sector;
(6) increasing public knowledge and awareness
of coral reef ecosystems and issues regarding their
long term conservation;
(7) mapping the location and distribution of
coral reefs;
(8) developing and implementing techniques to
monitor and assess the status and condition of coral
reefs;
(9) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems;
or
(10) promoting ecologically sound navigation
and anchorages near coral reefs.
(h) PROJECT REPORTING.—Each grantee under this
section shall provide periodic reports as required by the
Administrator. Each report shall include all information
required by the Administrator for evaluating the progress
and success of the project.
(i) CORAL REEF TASK FORCE.—The Administrator
may consult with the Coral Reef Task Force to obtain
guidance in establishing coral conservation project prior-
ities under this section.
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(j) IMPLEMENTATION
GUIDELINES.—Within 180
days after the date of enactment of this Act, the Adminis-
trator shall promulgate necessary guidelines for imple-
menting this section. In developing those guidelines, the
Administrator shall consult with State, regional, and local
entities involved in setting priorities for conservation of
coral reefs and provide for appropriate public notice and
opportunity for comment.
SEC. 205. CORAL REEF CONSERVATION FUND.
(a) FUND.—The Administrator may enter into an
agreement with a nonprofit organization that promotes
coral reef conservation authorizing such organization to
receive, hold, and administer funds received pursuant to
this section. The organization shall invest, reinvest, and
otherwise administer the funds and maintain such funds
and any interest or revenues earned in a separate interest
bearing account, hereafter referred to as the Fund, estab-
lished by such organization solely to support partnerships
between the public and private sectors that further the
purposes of this Act and are consistent with the national
coral reef action strategy under section 203.
(b) AUTHORIZATION TO SOLICIT DONATIONS.—Pur-
suant to an agreement entered into under subsection (a)
of this section, an organization may accept, receive, solicit,
hold, administer, and use any gift to further the purposes
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of this title. Any moneys received as a gift shall be depos-
ited and maintained in the Fund established by the orga-
nization under subsection (a).
(c) REVIEW OF PERFORMANCE.—The Administrator
shall conduct a continuing review of the grant program
administered by an organization under this section. Each
review shall include a written assessment concerning the
extent to which that organization has implemented the
goals and requirements of this section and the national
coral reef action strategy under section 203.
(d) ADMINISTRATION.—Under an agreement entered
into pursuant to subsection (a), the Administrator may
transfer funds appropriated to carry out this title to an
organization. Amounts received by an organization under
this subsection may be used for matching, in whole or in
part, contributions (whether in money, services, or prop-
erty) made to the organization by private persons and
State and local government agencies.
SEC. 206. EMERGENCY ASSISTANCE.
The Administrator may make grants to any State,
local, or territorial government agency with jurisdiction
over coral reefs for emergencies to address unforeseen or
disaster-related circumstance pertaining to coral reefs or
coral reef ecosystems.
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SEC. 207. NATIONAL PROGRAM.
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary may conduct activities to con-
serve coral reefs and coral reef ecosystems, that are con-
sistent with this title, the National Marine Sanctuaries
Act, the Coastal Zone Management Act of 1972, the Mag-
nuson-Stevens Fishery Conservation and Management
Act, the Endangered Species Act of 1973, and the Marine
Mammal Protection Act of 1972.
(b) AUTHORIZED ACTIVITIES.—Activities authorized
under subsection (a) include—
(1) mapping, monitoring, assessment, restora-
tion, and scientific research that benefit the under-
standing, sustainable use, and long-term conserva-
tion of coral reefs and coral reef ecosystems;
(2) enhancing public awareness, education, un-
derstanding, and appreciation of coral reefs and
coral reef ecosystems;
(3) providing assistance to States in removing
abandoned fishing gear, marine debris, and aban-
doned vessels from coral reefs to conserve living ma-
rine resources; and
(4) cooperative conservation and management
of coral reefs and coral reef ecosystems with local,
regional, or international programs and partners.
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SEC. 208. EFFECTIVENESS REPORTS.
(a) GRANT PROGRAM.—Not later than 3 years after
the date of enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Re-
sources of the House of Representatives a report that doc-
uments the effectiveness of the grant program under sec-
tion 204 in meeting the purposes of this title. The report
shall include a State-by-State summary of Federal and
non-Federal contributions toward the costs of each
project.
(b) NATIONAL PROGRAM.—Not later than 2 years
after the date on which the Administrator publishes the
national coral reef strategy under section 203 and every
2 years thereafter, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House
of Representatives a report describing all activities under-
taken to implement that strategy, under section 203, in-
cluding a description of the funds obligated each fiscal
year to advance coral reef conservation.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this title $16,000,000
for each of fiscal years 2001, 2002, 2003, and 2004, which
may remain available until expended.
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(b) ADMINISTRATION.—Of the amounts appropriated
under subsection (a), not more than the lesser of
$1,000,000 or 10 percent of the amounts appropriated,
may be used for program administration or for overhead
costs incurred by the National Oceanic and Atmospheric
Administration or the Department of Commerce and as-
sessed as an administrative charge.
(c) CORAL REEF CONSERVATION PROGRAM.—From
the amounts appropriated under subsection (a), there shall
be made available to the Secretary $8,000,000 for each
of fiscal years 2001, 2002, 2003, and 2004 for coral reef
conservation activities under section 204.
(d) NATIONAL CORAL REEF ACTIVITIES.—From the
amounts appropriated under subsection (a), there shall be
made available to the Secretary $8,000,000 for each of
fiscal years 2001, 2002, 2003, and 2004 for activities
under section 207.
SEC. 210. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National
Oceanic and Atmospheric Administration.
(2) CONSERVATION.—The term ‘‘conservation’’
means the use of methods and procedures necessary
to preserve or sustain corals and associated species
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to, catcher vessels that are eligible to harvest that directed
fishing allowance under section 208(a) of that Act.
Passed the House of Representatives October 31,
2000.
Attest:
JEFF TRANDAHL,
Clerk.