IB
Union Calendar No. 437
106TH CONGRESS
2D SESSION
H. R. 3919
[Report No. 106–762]
To provide assistance for the conservation of coral reefs, to coordinate Federal
coral reef conservation activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 2000
Mr. SAXTON (for himself, Mr. FALEOMAVAEGA, Mr. ABERCROMBIE, Mr.
BILBRAY, Mrs. CHRISTENSEN, Mr. DEUTSCH, Mr. GILCHREST, Mr.
GOSS, Mr. GREENWOOD, Mr. ROMERO-BARCELO´, Ms. ROS-LEHTINEN,
Mr. SHAW, and Mr. UNDERWOOD) introduced the following bill; which
was referred to the Committee on Resources
JULY 19, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 14, 2000]
A BILL
To provide assistance for the conservation of coral reefs,
to coordinate Federal coral reef conservation activities,
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 Conservation
and Restoration Partnership Act of 2000’’.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To maintain and restore the health of coral
reef ecosystems.
(2) To promote the wise management and long-
term sustainable use of coral reef ecosystems to benefit
local communities and the Nation.
(3) To promote cooperative coral reef conserva-
tion projects that involve affected local communities
and nongovernmental organizations.
(4) To address conflicts between coral reef uses.
(5) To enhance compliance with laws that pro-
hibit or regulate the taking of corals, species associ-
ated with coral reefs, and coral products or that regu-
late the use and management of coral reef ecosystems.
(6) To develop sound scientific information on
the condition of coral reef ecosystems and the threats
to such ecosystems.
(7) To coordinate activities and programs re-
lated to coral reefs that are conducted, funded, or au-
thorized by the Federal Government, including coral
reef conservation, research, mapping, monitoring, as-
sessment, and restoration.
SEC. 3. DEFINITIONS.
In this Act:
(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,
pink, and bamboo corals), Stolonifera (organpipe
corals and others), and Coenothecalia (blue
coral), of the class Anthozoa;
(B) all species of the order Hydrocorallina
(fire corals and hydrocorals), of the class
Hydrozoa; and
(C) all species of the order Zoanthidae (gold
corals).
(2) CORAL PRODUCT.—The term ‘‘coral product’’
means any living or dead specimen, part, or deriva-
tive, or any product containing a specimen, part, or
derivative, of any species referred to in paragraph
(1).
(3) CORAL REEF.—The term ‘‘coral reef’’ means
any reef or shoal comprised primarily of the skeletal
material of species of one or more of the orders
Scleractinia, 
Antipatharia, 
Gorgonacea, 
and
Zoanthidae.
(4) CORAL
REEF
CONSERVATION.—The term
‘‘coral reef conservation’’ means the use of methods,
procedures, and policies that are consistent with the
strategy published by the Coral Reef Task Force
under section 4(b)(1), to restore and protect coral
reefs and to conserve and sustain diverse, viable, and
self-perpetuating coral reef ecosystems.
(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral
reef ecosystem’’ means coral and other species of liv-
ing organisms associated with coral reefs, and the
non-living environmental factors that directly affect
coral reefs, that together function as an ecological
unit in nature.
(6) CORAL REEF TASK FORCE.—The term ‘‘Coral
Reef Task Force’’ means such task force established by
section 4(a).
(7) EXECUTIVE ORDER 13089.—The term ‘‘Execu-
tive Order 13089’’ means such Executive Order issued
by the President on June 11, 1998, pertaining to
coral reef protection.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(9) STATE.—The term ‘‘State’’ means—
(A) any State of the United States that con-
tains a coral reef ecosystem within its bound-
aries;
(B) American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin
Islands; and
(C) any other territory or possession of the
United States, or separate sovereign in free asso-
ciation with the United States, that contains a
coral reef ecosystem within its boundaries.
SEC. 4. COORDINATION OF FEDERAL AGENCIES.
(a) CORAL REEF TASK FORCE.—
(1) ESTABLISHMENT AND MEMBERSHIP.—There
is established the Coral Reef Task Force. The Coral
Reef Task Force shall, in consultation with the Gov-
ernors of the States—
(A) coordinate all Federal activities related
to coral reefs, and facilitate the resolution of
interagency and intergovernmental conflicts as-
sociated with the use and conservation of coral
reefs;
(B) develop and coordinate consistent na-
tional policies, strategies, plans, programs,
projects, activities, and priorities for the con-
servation and protection of United States coral
reefs and coral reef ecosystems;
(C) develop and coordinate a research pro-
gram to identify the major causes and con-
sequences of degradation of coral reef ecosystems,
improve the understanding of coral reef health
and diseases, and identify solutions and proce-
dures to repair and restore coral reefs;
(D) develop and promote strategies and ac-
tions for the conservation and sustainable use of
coral reef resources worldwide, including the
sharing of information, collaborative research,
and monitoring efforts; and
(E) develop and recommend solutions to re-
duce or eliminate unsustainable fishing practices
on coral reefs worldwide.
(2) MEMBERS.—The Coral Reef Task Force shall
be composed of the following:
(A) The Secretary, acting through the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration.
(B) The Secretary of the Interior.
(C) The Administrator of the Environ-
mental Protection Agency.
(D) The Attorney General.
(E) The Secretary of Agriculture.
(F) The Secretary of Defense.
(G) The Secretary of State.
(H) The Secretary of Transportation.
(I) The Director of the National Science
Foundation.
(J) The Administrator of the Agency for
International Development.
(K) The Administrator of the National Aer-
onautics and Space Administration.
(L) The head of any other Federal agency
that the co-chairs of the Coral Reef Task Force
jointly designate.
(M) The Governor of any State that the co-
chairs jointly designate.
(3) CO-CHAIRS.—The Secretary and the Sec-
retary of the Interior—
(A) shall serve as co-chairs of the Coral Reef
Task Force; and
(B) may each provide administrative sup-
port to the Coral Reef Task Force as necessary
for it to carry out its duties under this section.
(4) PROCEDURES.—(A) The Coral Reef Task
Force shall meet at least annually. Meetings of the
Coral Reef Task Force and any advisory committees
established to assist the Coral Reef Task Force shall
be open to the public, and the Coral Reef Task Force
shall provide notice of such meetings to the public.
(B) The Coral Reef Task Force may—
(i) establish advisory committees and work-
ing groups as are necessary to assist it in its du-
ties;
(ii) select as an advisory committee an ex-
isting organization that represents a broad range
of private and public interests related to coral
reefs; and
(iii) consult with local governments, the sci-
entific community, and any affected Regional
Fishery Management Council established by the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) on
coral reef conservation issues.
(5) IMPLEMENTATION.—(A) Subject to subpara-
graph (B), the head of any agency or department of
the Federal Government that takes an action that
may affect a coral reef ecosystem in the United States
shall, to the maximum extent practicable, ensure
that—
(i) such agency or department, respectively,
supports and implements the national coral reef
action strategy developed under subsection (b)(1);
and
(ii) any actions funded, authorized, or car-
ried out by the agency or department will not
degrade the condition of coral reefs.
(B) Subparagraph (A) shall not apply—
(i) during time of war or national emer-
gency;
(ii) when necessary for reasons of national
security, as determined by the President;
(iii) during an emergency that poses an un-
acceptable threat to human health or safety or to
the marine environment; or
(iv) in any case that constitutes a danger to
human life or a real threat to vessels, aircraft,
oil or gas drilling or production platforms, or
other man-made structures at sea, such as cases
of force majeure caused by stress of weather or
other act of God.
(6) EXECUTIVE ORDER 13089.—The Coral Reef
Task Force shall comply with Executive Order 13089
to the extent that such order is consistent with this
Act. Nothing in this Act is intended to require the du-
plication of the Coral Reef Task Force established
under that Executive Order.
(b) ACTION STRATEGY, IMPLEMENTATION REPORT,
AND PLAN.—
(1) NATIONAL CORAL REEF ACTION STRATEGY.—
Not later than 180 days after the date of enactment
of this Act, the Coral Reef Task Force shall submit to
the Committee on Resources of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate and pub-
lish in the Federal Register a national coral reef ac-
tion strategy, consistent with the purposes and provi-
sions of this Act, for waters under the jurisdiction of
the United States. The Coral Reef Task Force shall
periodically review and revise the strategy as nec-
essary.
(2) REPORT ON IMPLEMENTATION OF NATIONAL
CORAL REEF ACTION STRATEGY.—Not later than 2
years after the date that the Coral Reef Task Force
publishes the strategy under paragraph (1) and every
2 years thereafter, the task force shall submit to the
Committee on Resources of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing all
activities undertaken by Federal agencies to imple-
ment the national coral reef action strategy, including
a description of the funds obligated each fiscal year
to advance coral reef conservation.
(3) PLAN FOR MAPPING, MONITORING, AND AS-
SESSMENT.—(A) Not later than 1 year after the date
of enactment of this Act, the Coral Reef Task Force
shall submit to the Committee on Resources of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a
plan to implement a coordinated United States coral
reef mapping, monitoring, and assessment program,
consistent with the strategy published under para-
graph (1).
(B) The plan shall include the following:
(i) A description of existing Federal coral
reef mapping, monitoring, and assessment pro-
grams.
(ii) The estimated annual cost to the Fed-
eral Government to adequately map, monitor,
and assess coral reefs.
(iii) A process to establish data quality
standards and standardized methods for map-
ping, monitoring, and assessing coral reefs.
(iv) A plan to compile existing coral reef
data and a listing of the geographical areas for
which insufficient data exists to adequately as-
sess the condition of coral reefs.
(v) Proposed interagency agreements needed
to carry out a national mapping, monitoring,
and assessment program, including agreements
with non-Federal agencies.
(vi) A proposal for a national pilot project
to monitor and map coral reefs.
(c) CORAL REEF FISH MANAGEMENT AUTHORITY IN
THE EEZ.—
(1) IN GENERAL.—Subject to the other provisions
of this subsection, the Secretary has exclusive author-
ity to manage coral reef ecosystem fish in the exclu-
sive economic zone as provided by the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(2) DELEGATION.—The Secretary may delegate
the authority referred to in paragraph (1) to any
other Federal official.
(3) AUTHORITIES OF SECRETARY OF INTERIOR
NOT AFFECTED.—(A) Paragraph (1) does not affect
any authority vested in the Secretary of the Interior
on the date of enactment of this Act by the National
Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.) with respect to any area—
(i) that was in the National Wildlife Refuge
System before the date of the enactment of this
Act; or
(ii) that is added to the National Wildlife
Refuge System after the date of enactment of this
Act and for which there is no fishery manage-
ment plan in effect under the Magnuson-Stevens
Fishery Conservation and Management Act.
(B) Nothing in this Act shall be construed to au-
thorize the Secretary of the Interior to designate any
National Wildlife Refuge or other unit of the National
Wildlife Refuge System.
(4) CONSULTATION.—The Secretary shall consult
with the Secretary of the Interior during the develop-
ment and implementation of any fishery management
plan under the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.)
that will apply to any area in the National Wildlife
Refuge System, including any area added to such sys-
tem after the date of enactment of this Act.
(5) REGIONAL COUNCILS.—Nothing in this Act
affects the authority of the Regional Fishery Manage-
ment Councils established under the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(6) DEFINITIONS.—In this subsection, the terms
‘‘exclusive economic zone’’ and ‘‘fish’’ have the mean-
ing of those terms under section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802).
SEC. 5. CORAL REEF CONSERVATION ASSISTANCE.
(a) IN GENERAL.—The Secretary, subject to the avail-
ability of appropriations, shall provide grants to carry out
projects that provide for coral reef conservation and are ap-
proved by the Secretary in accordance with this section.
(b) ELIGIBLE PROJECT PARTNERS.—The Secretary
may accept a coral reef conservation project proposal from
any of the following:
(1) Any State or local government with jurisdic-
tion over coral reefs and whose activities directly or
indirectly affect coral reefs.
(2) Any educational institution with a dem-
onstrated expertise in coral reef conservation.
(3) Any nonprofit organization with dem-
onstrated expertise in coral reef conservation.
(c) ELIGIBLE PROJECTS.—The Secretary may not ap-
prove a coral reef conservation project under this section
unless the project is consistent with the coral reef action
strategy established by the Coral Reef Task Force under sec-
tion 4(b)(1) and will accomplish at least one of the fol-
lowing objectives:
(1) Implement measures to conserve and restore
coral reef ecosystems.
(2) Develop and implement cost-effective methods
to restore degraded coral reef ecosystems.
(3) Map the location and distribution of coral
reefs.
(4) Develop and implement techniques to mon-
itor and assess the status and condition of coral reefs.
(5) Research factors that cause coral disease and
the loss of coral reefs.
(6) Support State and local community law en-
forcement efforts related to coral products and coral
reefs.
(7) Assist with conflict resolution initiatives and
local community outreach related to coral reefs.
(8) Promote ecologically sound navigation and
anchorages near coral reefs.
(d) PROJECT PROPOSAL.—Any applicant for a grant
to carry out a coral reef conservation project shall submit
to the Secretary the following:
(1) The names of the persons responsible for con-
ducting the project and a description of their quali-
fications.
(2) A description of the project.
(3) A description of how the project fulfills the
requirements of subsection (c).
(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 the State and local govern-
ment jurisdictions in which the project will be con-
ducted, if the project will be conducted by a non-
governmental partner.
(6) Information regarding the source and
amount of matching funding available to the appli-
cant.
(7) Any other information the Secretary con-
siders to be necessary for evaluating the eligibility of
the project.
(e) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—(A) The Secretary shall re-
view and approve or disapprove each coral reef con-
servation project proposal submitted under this sec-
tion.
(B) The Secretary may approve a project pro-
posal and provide coral reef conservation assistance
under this section for a project only if, after review-
ing the proposal and any comments received pursuant
to paragraph (2), the Secretary determines that the
project meets the requirements of this section.
(2) REVIEW.—Before approving or disapproving
a project, the Secretary shall—
(A) request and consider written comments
on the proposal from each Federal agency, State,
or local government that will be affected by the
project or that has jurisdiction over the area
within which the project will be conducted, in-
cluding the relevant regional fishery manage-
ment councils established under the Magnuson-
Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
(B) provide for the merit-based peer review
of the proposal, require standardized documenta-
tion of that peer review, and consider any com-
ments or recommendations resulting from such
review; and
(C) consider the proportion of non-Federal
matching funds that will be used for the project
so as to maximize Federal grants for the greatest
number of meritorious projects.
(3) NOTIFICATION.—The Secretary shall—
(A) not later than 6 months after receiving
a project proposal under this section, provide
written notification of the approval or dis-
approval of the project to the applicant; and
(B) in the case of an approved project, pub-
lish notice of project approval in the Federal
Register prior to making a grant under this sec-
tion for the project.
(f) MATCHING FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may not approve a project
under this section unless the Secretary determines
that there are non-Federal contributions available to
cover at least 50 percent of the total cost of the
project. The non-Federal contribution may be made
in the form of in-kind contribution of goods and serv-
ices.
(2) EXCEPTION.—(A) Of amounts appropriated
for grants under this section, the Secretary may re-
serve up to 5 percent for grants for small projects for
which less than 50 percent of the cost will be covered
by non-Federal contributions.
(B) The Secretary may make a grant of funds
under this paragraph for a small project only if—
(i) the project is proposed by and will be
carried out by a local or State government;
(ii) the total cost of the project is less than
$20,000; and
(iii) the Secretary determines that the
grantee does not have the ability to provide at
least 50 percent matching funds or in-kind con-
tributions.
(g) IMPLEMENTATION
REGULATIONS
OR
GUIDE-
LINES.—Within 180 days after the date that the Coral Reef
Task Force publishes the national coral reef action strategy
under section 4(b)(1), the Secretary shall promulgate any
regulations or guidelines necessary to implement this sec-
tion. In developing such regulations and guidelines, the Sec-
retary shall provide for appropriate public notice and com-
ment.
(h) PROJECT REPORTING.—The Secretary shall re-
quire that each grantee under this section submit periodic
reports, as the Secretary considers necessary, to document
and evaluate the success of coral reef conservation projects
funded under this Act.
(i) GRANT PROGRAM EFFECTIVENESS REPORT.—Not
later than 3 years after the date of enactment of this Act,
the Secretary, in consultation with the Coral Reef Task
Force, shall submit to the Congress a report that documents
the effectiveness of the grant program under this section in
implementing the national coral reef action strategy pub-