H. R. 1653—11
and are consistent with the national coral reef action strategy
under section 203.
(b) AUTHORIZATION TO SOLICIT DONATIONS.—Pursuant to an
agreement entered into under subsection (a) of this section, an
organization may accept, receive, solicit, hold, administer, and use
any gift to further the purposes of this title. Any moneys received
as a gift shall be deposited and maintained in the Fund established
by the organization under subsection (a).
(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 pursu-
ant to subsection (a), the Administrator may transfer funds appro-
priated to carry out this title to an organization. Amounts received
by an organization under this subsection may be used for matching,
in whole or in part, contributions (whether in money, services,
or property) made to the organization by private persons and State
and local government agencies.
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.
SEC. 207. NATIONAL PROGRAM.
(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary may conduct activities to conserve coral reefs and
coral reef ecosystems, that are consistent with this title, the
National Marine Sanctuaries Act, the Coastal Zone Management
Act of 1972, the Magnuson-Stevens Fishery Conservation and
Management Act, the Endangered Species Act of 1973, and the
Marine Mammal Protection Act of 1972.
(b) AUTHORIZED ACTIVITIES.—Activities authorized under sub-
section (a) include—
(1) mapping, monitoring, assessment, restoration, and sci-
entific research that benefit the understanding, sustainable
use, and long-term conservation of coral reefs and coral reef
ecosystems;
(2) enhancing public awareness, education, understanding,
and appreciation of coral reefs and coral reef ecosystems;
(3) providing assistance to States in removing abandoned
fishing gear, marine debris, and abandoned vessels from coral
reefs to conserve living marine resources; and
(4) cooperative conservation and management of coral reefs
and coral reef ecosystems with local, regional, or international
programs and partners.
SEC. 208. EFFECTIVENESS REPORTS.
(a) GRANT PROGRAM.—Not later than 3 years after the date
of the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of Representa-
tives a report that documents the effectiveness of the grant program
under section 204 in meeting the purposes of this title. The report
H. R. 1653—12
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
undertaken to implement that strategy, under section 203, including
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 appropriated 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.
(b) ADMINISTRATION.—Of the amounts appropriated under sub-
section (a), not more than the lesser of $1,000,000 or 10 percent
of the amounts appropriated, may be used for program administra-
tion or for overhead costs incurred by the National Oceanic and
Atmospheric Administration or the Department of Commerce and
assessed 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 ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) CONSERVATION.—The term ‘‘conservation’’ means the
use of methods and procedures necessary to preserve or sustain
corals and associated species as diverse, viable, and self-perpet-
uating coral reef ecosystems, including all activities associated
with resource management, such as assessment, conservation,
protection, restoration, sustainable use, and management of
habitat; mapping; habitat monitoring; assistance in the develop-
ment of management strategies for marine protected areas
and marine resources consistent with the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.); law enforcement; conflict resolution initiatives;
community outreach and education; and that promote safe and
ecologically sound navigation.
(3) CORAL.—The term ‘‘coral’’ means species of the phylum
Cnidaria, including—
(A) all species of the orders Antipatharia (black corals),
Scleractinia (stony corals), Gorgonacea (horny corals),
Stolonifera (organpipe corals and others), Alcyanacea (soft
H. R. 1653—13
corals), and Coenothecalia (blue coral), of the class
Anthozoa; and
(B) all species of the order Hydrocorallina (fire corals
and hydrocorals) of the class Hydrozoa.
(4) CORAL REEF.—The term ‘‘coral reef ’’ means any reefs
or shoals composed primarily of corals.
(5) CORAL
REEF
ECOSYSTEM.—The term ‘‘coral reef eco-
system’’ means coral and other species of reef organisms
(including reef plants) associated with coral reefs, and the
nonliving environmental factors that directly affect coral reefs,
that together function as an ecological unit in nature.
(6) CORAL PRODUCTS.—The term ‘‘coral products’’ means
any living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any spe-
cies referred to in paragraph (3).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(8) STATE.—The term ‘‘State’’ means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, and
any other territory or possession of the United States, or sepa-
rate sovereign in free association with the United States, that
contains a coral reef ecosystem within its seaward boundaries.
TITLE III—MISCELLANEOUS
SEC. 301. GREAT LAKES FISHERY ACT OF 1956.
Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.
932(a)) is amended by adding at the end the following:
‘‘(3) Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 302. TUNA CONVENTIONS ACT OF 1950.
Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C.
952) is amended by inserting before ‘‘Of such Commissioners—
’’ the following: ‘‘Individuals serving as such Commissioners shall
not be considered to be Federal employees while performing such
service, except for purposes of injury compensation or tort claims
liability as provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.’’.
SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.
Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971a(a)(1)) is amended by inserting before ‘‘The Commis-
sioners’’ the following: ‘‘Individuals serving as such Commissioners
shall not be considered to be Federal employees while performing
such service, except for purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code.’’.
SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) CLERICAL AMENDMENT.—Public Law 102–587 is amended
by striking title VIII (106 Stat. 5098 et seq.).
H. R. 1653—14
(b) TREATMENT COMMISSIONERS.—Section 804(a) of the North
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is
amended by inserting before ‘‘Of the Commissioners—’’ the fol-
lowing: ‘‘Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.
Section 103(4) of the High Seas Fishing Compliance Act of
1995 (16 U.S.C. 5502(4)) is amended by inserting ‘‘or subject to
the jurisdiction of the United States’’ after ‘‘United States’’.
SEC. 306. REIMBURSEMENT OF EXPENSES.
Notwithstanding section 3302(b) and (c) of title 31, United
States Code, all amounts received by the United States in settle-
ment of, or judgment for, damage claims arising from the October
9, 1992, allision of the vessel ZACHARY into the National Oceanic
and Atmospheric Administration research vessel DISCOVERER,
and from the disposal of marine assets, and all amounts received
by the United States from the disposal of marine assets of the
National Oceanic and Atmospheric Administration—
(1) shall be retained as an offsetting collection in the Oper-
ations, Research and Facilities account of the National Oceanic
and Atmospheric Administration;
(2) shall be deposited into that account upon receipt by
the United States Government; and
(3) shall be available only for obligation for National Oce-
anic and Atmospheric Administration hydrographic and fish-
eries vessel operations.
SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE SANC-
TUARIES ACT.
(a) CROSS REFERENCE CORRECTION.—Section 304(f )(2) of the
National Marine Sanctuaries Act (16 U.S.C. 1434(f )(2)) is amended
by striking ‘‘paragraph (2)’’ and inserting ‘‘subparagraphs (A) and
(B) of paragraph (1)’’.
(b) SHORT TITLE CORRECTION.—Section 317 of such Act (16
U.S.C. 1445 note) is amended by striking ‘‘ ‘The’’ and inserting
‘‘the ‘ ’’.
(c) EFFECTIVE DATE.—Subsection (a) shall take effect January
1, 2001.
TITLE IV—STUDY OF EASTERN GRAY
WHALE POPULATION
SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPULATION.
(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act and subject to the availability of appropria-
tions, the Secretary of Commerce shall initiate a study of the
environmental and biological factors responsible for the significant
increase in mortality events of the eastern gray whale population,
and the other potential impacts these factors may be having on
the eastern gray whale population.
H. R. 1653—15
(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.—
The Secretary should ensure that, to the greatest extent practicable,
information from current and future studies of the western gray
whale population is considered in the study under this section,
so as to better understand the dynamics of each population and
to test different hypotheses that may lead to an increased under-
standing of the mechanism driving their respective population
dynamics.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other
amounts authorized under this title, there are authorized to be
appropriated to the Secretary to carry out this section—
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.
TITLE V—MISCELLANEOUS
SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.
Notwithstanding paragraphs (1) through (3) of sections 208(a)
of the American Fisheries Act (title II of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277; 112 Stat. 2681–624)), the catcher vessel
HAZEL LORRAINE (United States Official Number 592211) and
the catcher vessel PROVIDIAN (United States Official Number
1062183) shall be considered to be vessels that are eligible to
harvest the directed fishing allowance under section 206(b)(1) of
that Act pursuant to a Federal fishing permit in the same manner
as, and subject to the same requirements and limitations on that
harvesting as apply to, catcher vessels that are eligible to harvest
that directed fishing allowance under section 208(a) of that Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.