I
106TH CONGRESS
1ST SESSION
H. R. 3133
To authorize the Secretary of Commerce, through the National Oceanic and
Atmospheric Administration, to provide financial assistance for coral
reef conservation projects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 21, 1999
Mr. FALEOMAVAEGA (for himself, Mr. ABERCROMBIE, Mrs. CHRISTENSEN,
Mr. DEUTSCH, Mr. ROMERO-BARCELO´, and Mr. UNDERWOOD) intro-
duced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for condideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To authorize the Secretary of Commerce, through the Na-
tional Oceanic and Atmospheric Administration, to pro-
vide financial assistance for coral reef conservation
projects, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coral Reef Protection
Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Coral reefs and coral reef ecosystems are
considered the marine equivalent of tropical rain for-
ests, containing some of the planet’s richest biologi-
cal diversity, habitats, and systems and supporting
thousands of fish, invertebrates, reef algae, plank-
ton, sea grasses, and other species.
(2) Coral reefs and coral reef ecosystems have
great commercial, recreational, cultural, and esthetic
value to human communities as shoreline protection,
areas of natural beauty, and sources of food, phar-
maceuticals, jobs, and revenues through a wide vari-
ety of activities, including education, research, tour-
ism, and fishing.
(3) Studies indicate that coral reefs in the
United States and around the world are being de-
graded and severely threatened by human and envi-
ronmental 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 and local
governments, nongovernmental organizations, and
commercial interests have worked together to design
and implement additional management, education,
monitoring, research, and restoration efforts to con-
serve 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
agreed to House Concurrent Resolution 8, a concur-
rent resolution recognizing the significance of main-
taining the health and stability of coral reef eco-
systems 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, nongovern-
mental organizations, and industry, and promoting
preservation and sustainable use of coral reef re-
sources worldwide.
(7) 1998 was declared to be the International
Year of the Ocean to raise public awareness and in-
crease actions to conserve and use in a sustainable
manner the broader ocean environment, including
coral reefs.
(8) On June 11, 1998, President William Jef-
ferson 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 di-
rects Federal agencies whose actions may affect
United States coral reef ecosystems to take steps to
protect, manage, research, and restore such eco-
systems.
(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 pro-
tected areas that conserve for future genera-
tions vital marine resources, ecosystems, and
habitats;
(B) the identification of coral habitats as
essential fish habitat under the Magnuson-Ste-
vens Fishery Conservation and Management
Act, which requires aggressive efforts to mini-
mize adverse effects on such habitat caused by
fishing;
(C) identification of other actions to en-
courage the conservation and enhancement of
such habitat; and
(D) State coastal management programs
for the protection, development, and where pos-
sible, restoration and enhancement of the re-
sources of the Nation’s coastal zone for this
and succeeding generations under the Coastal
Zone Management Act of 1972 and other re-
lated statutes.
(10) Legislation solely dedicated to the com-
prehensive and coordinated conservation, manage-
ment, protection, and restoration of coral reefs and
coral reef ecosystems would supplement Executive
Order 13089 and House Concurrent Resolution 8 of
the 105th Congress, and complement the manage-
ment, protection, and conservation provided by such
programs as those administered under the National
Marine Sanctuaries Act, the Coastal Zone Manage-
ment Act of 1972, and the Magnuson-Stevens Fish-
ery Conservation and Management Act, as well as
those administered by other Federal and State agen-
cies.
SEC. 3. POLICY.
It is the policy of the United States—
(1) to conserve and protect the ecological integ-
rity of coral reef ecosystems;
(2) to maintain the health, natural conditions,
and dynamics of those ecosystems;
(3) to reduce and remove human stresses af-
fecting 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. 4. PURPOSES.
The purposes of this Act 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 pro-
grams; and
(4) 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. 5. DEFINITIONS.
In this Act:
(1) BASELINE.—The term ‘‘baseline’’ means
the condition of coral or coral reef resources and
services that would have existed if an incident had
not occurred.
(2) CONSERVATION.—The term ‘‘conservation’’
means the use of methods and procedures necessary
to preserve or sustain coral reefs and coral reef eco-
systems as diverse, viable, and self-perpetuating eco-
systems, including—
(A) all activities associated with resource
management, such as assessment, science, con-
servation, protection, restoration, sustainable
use, management of habitat, and water quality;
(B) habitat monitoring;
(C) assistance in the development of man-
agement strategies for marine protected areas
and marine resources consistent with the Na-
tional Marine Sanctuaries Act (16 U.S.C. 1431
et seq.), the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C.
1801 et seq.), and other Federal and State
statutes;
(D) law enforcement;
(E) conflict resolution initiatives;
(F) community outreach and education;
and
(G) promotion of 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),
Alcyonacea (soft corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and oth-
ers), and Helioporacea (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 reef, shoal, or other natural feature com-
posed primarily of the solid skeletal structures in
which stony corals are major framework constitu-
ents, within any maritime area or zone subject to
the jurisdiction or control of the United States (such
as Federal or State waters), including in the south
Atlantic, Caribbean, Gulf of Mexico, and Pacific
Ocean.
(5) CORAL
REEF
ECOSYSTEM.—The term
‘‘coral reef ecosystem’’ means the interacting com-
plex of species (including reef plants of the phlya
Chlorophyta, Phaeophyta, and Rhodophyta) and
nonliving variables associated with coral reefs and
their habitats that—
(A) function as an ecological unit in na-
ture; and
(B) are mutually dependent on this func-
tion to continue.
(6) 
DAMAGES.—The 
term 
‘‘damages’’
includes—
(A) compensation for—
(i) the cost of restoring or rehabili-
tating an injured coral or coral reef re-
source and its services to baseline condi-
tion; and
(ii)(I) the cost of replacing or acquir-
ing resources and services lost until the
coral or coral reef resource has recovered
to its baseline condition; or
(II) the value of the coral or coral reef
resources and services from the date the
injury occurred until the coral or coral reef
resource has recovered to its baseline con-
dition;
(B) the cost of damage assessments under
section 9(a)(2)(B);
(C) the reasonable cost of monitoring ap-
propriate to the injured, restored, or replaced
resources; and
(D) the cost of enforcement actions under-
taken by the Secretary for losses to coral or
coral reef resources.
(7) FOUNDATION.—The term ‘‘foundation’’
means any qualified non-profit organization that
specializes in natural resource conservation.
(8) PERSON.—The term ‘‘person’’—
(A) subject to subparagraph (B), has the
meaning given that term by section 1 of title 1,
United States Code; and
(B) includes any department, agency, and
instrumentality of the United States Govern-
ment or any State or local government.
(9) RESPONSE
COSTS.—The term ‘‘response
costs’’ means the costs of actions taken or author-
ized by the Secretary, or any other head of a Fed-
eral or State agency, to minimize destruction or loss
of, or injury to, coral, coral reefs, or coral reef eco-
systems or to minimize the threat of such destruc-
tion, loss, or injury, including enforcement activities
related to any incident.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(11) SERVICE.—The term ‘‘service’’ means a
function performed by a coral or coral reef resource
for the benefit of another coral or coral reef re-
source, other natural resource, or the public.
(12) STATE.—The term ‘‘State’’ means—
(A) any coastal State of the United States
that contains coral within its seaward bound-
aries;
(B) American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the United
States Virgin Islands; and
(C) any other commonwealth, territory, or
possession of the United States that contains
coral within its seaward boundaries.
SEC. 6. CORAL REEF RESTORATION AND CONSERVATION
PROGRAM.
(a) FINANCIAL ASSISTANCE.—The Secretary, subject
to the availability of funds, may provide financial assist-
ance for projects that—
(1) provide for the restoration of degraded or
injured coral reefs or coral reef ecosystems, includ-
ing developing and implementing cost-effective meth-
ods 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 pro-
vided for any project under this section shall not ex-
ceed 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 contribu-
tions and other noncash support.
(2) EXCEPTIONS.—
(A) 
SMALL
PROJECTS.—There 
is 
no
matching requirement for any grant under sub-
section (a) for a project costing not more than
$25,000.
(B) HIGHER
LEVEL
OF
SUPPORT
RE-
QUIRED.—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 other government au-
thority with jurisdiction over coral reefs or whose activities
directly or indirectly affect coral reefs or coral reef eco-
systems, 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 avail-
able are awarded for coral reef restoration and con-
servation projects in the Pacific Ocean;
(2) not less than 40 percent of the funds avail-
able are awarded for coral reef restoration and con-
servation 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 Sec-
retary 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 respon-
sible for conducting the project.
(2) A succinct statement of the purposes of the
project.
(3) A description of the qualifications of the in-
dividuals 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 appro-
priate representatives of States or other government
jurisdictions in which the project will be conducted.
(6) Information regarding the source and
amount of matching funding available to the appli-
cant, as appropriate.
(7) A description of how the project meets one
or more of the criteria in subsection (g).
(8) Any other information the Secretary con-
siders to be necessary for evaluating the eligibility of
the project for funding under this Act.
(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 sub-
section (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 pro-
posal from each Federal or State agency of the
United States and other government jurisdic-
tions, 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 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 pro-
posal;
(C) for projects costing $25,000 or great-
er, provide for the regional, merit-based peer re-
view of the proposal and require standardized
documentation of that peer review;
(D) 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
(E) provide written notification of that ap-
proval or disapproval to the person who sub-
mitted the proposal, and each of those States
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 pro-
grams 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
any living or dead specimens, port, or derivatives, or
any product containing specimens, ports, or deriva-
tives, of any coral or coral reef ecosystem;
(3) enhancing compliance with laws that pro-
hibit or regulate the taking of corals, species associ-
ated 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 pri-
vate 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,
involved in setting priorities for conservation of coral reefs.
(i) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance to any State or Federal agen-
cy with jurisdiction over coral reefs and coral reef eco-
systems to further the purposes of this Act.
(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. 7. NATIONAL PROGRAM.
(a) IN GENERAL.—The Secretary may conduct activi-
ties 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 re-
garding coral reefs and coral reef ecosystems on a re-
gional, national, or international scale. The activities
should supplement and be consistent with the programs,
policies, and statutes of affected States, the National Ma-
rine Sanctuaries Act, the Coastal Zone Management Act
of 1972, the Magnuson-Stevens Fishery Conservation and
Management Act, and other applicable Federal statutes,
and, at a minimum, should include mapping and assess-
ment, 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, 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 as-
sessment of, scientific research on, monitoring of, or
restoration of coral reefs and coral reef ecosystems
of the United States;
(2) cooperate with global programs that con-
serve, manage, protect, and study coral reefs and
coral reef ecosystems; or
(3) enhance public awareness, understanding,
and appreciation of coral reefs and coral reef eco-
systems.
SEC. 8. 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 using funds
provided under section 6 or 7 of the Coral Reef Pro-
tection Act of 1999 or any other provision of law
having as its purpose protection of the environment,
including the Oil Pollution Act of 1990 and the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, unless the owner of
the vessel has reimbursed the United States for envi-
ronmental damage caused by the vessel and the
funds expended to remove it.’’.
SEC. 9. CORAL REEF PROTECTION.
(a) DESTRUCTION, LOSS OF, OR INJURY TO, CORAL,
CORAL REEFS, OR CORAL REEF ECOSYSTEMS.—
(1) LIABILITY.—
(A) LIABILITY TO THE UNITED STATES.—
Any person who destroys, causes the loss of, or
injures any coral, coral reef, or coral reef eco-
system, or creates a threat of destruction, loss
of, or injury to any coral, coral reef, or coral
reef ecosystem, is jointly and severally liable to
the United States for an amount equal to the
sum of—
(i) the response costs and damages re-
sulting from the destruction, loss, or in-
jury, or threat thereof;
the Act of February 13, 1893, shall limit the li-
ability of any person or vessel under this title.
(D) RELATIONSHIP WITH OTHER LAWS.—
(i) This section does not apply to any activity
that is subject to liability under the National
Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.), or Public Law 101–337 (16 U.S.C. 19jj
et seq.; pertaining to the National Park Sys-
tem).
(ii) Nothing in this section limits liability
under other Federal statutes or common law,
except that there shall be no double recovery of
damages for the same activity giving rise to li-
ability under this section and such other Fed-
eral statute or common law.
(iii) Nothing in this section precludes a
Federal or State agency from establishing more
restrictive measures to protect and conserve
coral reefs and coral reef ecosystems.
(2) RESPONSE ACTIONS AND DAMAGE ASSESS-
MENT.—
(A) RESPONSE
ACTIONS.—The Secretary
may undertake or authorize all necessary ac-
tions to prevent or minimize the destruction or
loss of, or injury to any, coral, coral reef, or
coral reef ecosystem, or to minimize the threat
of such destruction, loss, or injury.
(B) DAMAGE
ASSESSMENT.—The Sec-
retary shall assess damages to corals, coral
reefs, and coral reef ecosystems.
(3) CIVIL ACTIONS FOR RESPONSE COSTS AND
DAMAGES.—The Attorney General, upon request of
the Secretary, may commence a civil action in the
appropriate United States district court against any
person or vessel that may be liable under subsection
(a) for response costs, seizure, forfeiture, and stor-
age costs, or damages. The Secretary, acting as
trustee for coral reefs and coral reef ecosystems for
the United States, shall submit a request for such
an action to the Attorney General whenever a person
or vessel may be liable for such costs or damages.
(4) USE OF RECOVERED AMOUNTS.—Response
costs, seizure, forfeiture, and storage costs, and
damages recovered by the Secretary under this sec-
tion shall be retained by the Secretary in the man-
ner provided for in section 312(d) of the National
Marine Sanctuaries Act (16 U.S.C. 1443(d)), and
used by the Secretary as follows:
(A) RESPONSE
COSTS
AND
DAMAGE
AS-
SESSMENT COSTS.—Funds recovered as reim-
bursement for past response, seizure, forfeiture,
and storage costs, and damage assessment costs
under this section—
(i) shall be used, as the Secretary
deems appropriate, to reimburse the Sec-
retary or other Federal and State agencies
for response costs, seizure, forfeiture, and
storage costs, and the costs of undertaking
damage assessments; and
(ii) may be used to fund future re-
sponse actions and damage assessments.
(B) RESTORATION, REPLACEMENT, AND
PREVENTION.—All other funds recovered under
this section shall be used, in order of priority—
(i) to restore, replace, or acquire the
equivalent of the coral, coral reef, or coral
reef ecosystem that was the subject of the
action, including the costs of monitoring;
(ii) to prevent future threats of inju-
ries to coral, coral reef, or coral reef eco-
systems within the area that was the sub-
ject of the action;
(iii) to fund activities consistent with
this Act in the area that was the subject
of the action, with priority given to restor-
ing, protecting, and educating the public
regarding such resources; and
(iv) to fund activities consistent with
this Act relating to coral reefs and coral
reef ecosystems throughout the United
States, with priority given to restoring,
protecting, and educating the public re-
garding such resources.
(5) DISTRICT COURT JURISDICTION WITH RE-
SPECT
TO
AMERICAN
SAMOA.—The United States
district court for the District of Hawaii—
(A) shall have jurisdiction over a vessel lo-
cated in American Samoa, for purposes of para-
graph (1)(B); and
(B) is the appropriate United States dis-
trict court with respect to American Samoa, for
purposes of paragraph (3).
(b) DEFENSES.—
(1) IN GENERAL.—A person is not liable under
this section if the person establishes that the de-
struction, loss, injury, or threat—
(A) was caused solely by an act of God, an
act of war, or an act or omission of a third
party (other than an employee or agent of the
defendant, and other than a person whose act
or omission occurs in connection with a contrac-
tual relationship existing directly or indirectly
with the defendant), and the person acted with
due care;
(B) was a direct result of activities specifi-
cally authorized by Federal or State law or per-
mit, and the person was in compliance with
such law or permit and acted with due care; or
(C) was negligible.
(2) LIMITATION ON DEFENSE.—It shall not be
a defense to liability of a person under this section
that the destruction, loss, injury, or threat was a re-
sult of—
(A) complying with a recommendation, in-
struction, or requirement issued or imposed, re-
spectively, by the Secretary or another Federal
official; or
(B) an action taken by the Secretary or
another Federal official,
if the recommendation, instruction, requirement, or
action was otherwise authorized by Federal law and
was in response to a condition caused by the person.
(c) COORDINATION.—
(1) CO-TRUSTEE.—Nothing in this section shall
limit the trustee responsibility of any Federal or
State agency that manages or controls coral reefs
and coral reef ecosystems. The Secretary shall be a
co-trustee of such coral resources and shall coordi-
nate with the Federal or State agency in pursuing
an action under this section.
(2) FEDERAL-STATE COORDINATION.—Amounts
recovered under this section with respect to coral
reefs or coral reef ecosystems lying within State wa-
ters shall be used pursuant to this section in accord-
ance with the court decree or settlement agreement
and an agreement entered into by the Secretary and
the Governor of that State.
(d) STATUTE OF LIMITATIONS.—An action for re-
sponse costs and damages under paragraph (a)(3) of this
section shall be barred unless such action is commenced
within 3 years after the date of completion of the damages
assessment and restoration plan prepared by the Sec-
retary.
(e) REGULATIONS.—The Secretary shall issue regula-
tions to implement this section that are necessary to con-
duct damage assessments, including simplified damage as-
sessment procedures.
SEC. 10. PRIVATELY ADMINISTERED CORAL REEF CON-
SERVATION ASSISTANCE.
(a) IN GENERAL.—The Secretary may enter into an
agreement with a foundation, under which the foundation
may use amounts available to carry out this section to
build and support partnerships between the public and pri-
vate sectors, by awarding grants for projects that—
(1) support research, management activities, or
educational programs that contribute to the protec-
tion, conservation, restoration, and recovery of coral
reefs and coral reef ecosystems; and
(2) further the purposes of this Act.
(b) AGREEMENT TERMS.—The agreement under sub-
section (a) shall include the following:
(1) MATCHING REQUIREMENT.—Federal assist-
ance under this section may not be used to pay more
than 50 percent of the costs of an activity carried
out with that assistance.
(2) IN
KIND
CONTRIBUTIONS.—The value of
goods and services provided by non-Federal sources
and used for an activity carried out with assistance
under this section shall be applied to the non-Fed-
eral share of the costs of the activity.
(3) PRIORITY.—In providing assistance, the
foundation shall give priority to projects that best
meet the criteria specified in section 6(g).
(4) CONSULTATION
WITH
NOAA.—In imple-
menting the agreement, the foundation shall consult
with the Administrator of the National Oceanic and
Atmospheric Administration.
(c) REVIEW OF PERFORMANCE.—The Secretary shall
conduct a biennial review of the grant program adminis-
tered by a foundation under this section. Each review shall
include a written assessment concerning the extent to
which the foundation has implemented the goals and re-
quirements of this section.
(d) REGULATIONS.—Within 90 days after the date
of enactment of this Act, the Secretary shall promulgate
necessary regulations for implementing this section. In de-
veloping those regulations, the Secretary shall consult with
regional and local entities, including States, involved in
setting priorities for conservation of coral reefs.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$20,000,000 for each of fiscal years 2001, 2002, 2003,
2004, and 2005 to carry out this Act, which may remain
available until expended.
(b) USE OF AMOUNTS APPROPRIATED.—
(1) 
RESTORATION
AND
CONSERVATION
PROJECTS.—Not more than 75 percent of the
amounts appropriated under subsection (a) each fis-
cal year shall be used by the Secretary to support
coral reef restoration and conservation projects
under section 6(a) and section 10. Of the amounts
used for such projects, not more than 20 percent
may be used for technical assistance provided by the
Secretary under section 6.
(2) NATIONAL PROGRAM.—Not more than 25
percent of the amounts appropriated under sub-
section (a) each fiscal year shall be used by the Sec-
retary to support coral reef conservation projects
under section 7.
(3) ADMINISTRATION.—Not more than 3 per-
cent of the amounts appropriated under subsection
(a) each fiscal year may be used by the Secretary for
administration of this Act.
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