[House Report 106-762]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-762
======================================================================
CORAL REEF CONSERVATION AND RESTORATION PARTNERSHIP ACT OF 2000
_______
July 19, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 3919]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3919) to provide assistance for the conservation of coral
reefs, to coordinate Federal coral reef conservation
activities, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 conservation projects
that involve affected local communities and nongovernmental
organizations.
(4) To address conflicts between coral reef uses.
(5) To enhance compliance with laws that prohibit or regulate
the taking of corals, species associated with coral reefs, and
coral products or that regulate the use and management of coral
reef ecosystems.
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(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 related to coral
reefs that are conducted, funded, or authorized by the Federal
Government, including coral reef conservation, research,
mapping, monitoring, assessment, 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 derivative, 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 living 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 ``Executive 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 contains a
coral reef ecosystem within its boundaries;
(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 association 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 Governors of the States--
(A) coordinate all Federal activities related to
coral reefs, and facilitate the resolution of
interagency and intergovernmental conflicts associated
with the use and conservation of coral reefs;
(B) develop and coordinate consistent national
policies, strategies, plans, programs, projects,
activities, and priorities for the conservation and
protection of United States coral reefs and coral reef
ecosystems;
(C) develop and coordinate a research program to
identify the major causes and consequences of
degradation of coral reef ecosystems, improve the
understanding of coral reef health and diseases, and
identify solutions and procedures to repair and restore
coral reefs;
(D) develop and promote strategies and actions 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 reduce 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 Administrator
of the National Oceanic and Atmospheric Administration.
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(B) The Secretary of the Interior.
(C) The Administrator of the Environmental 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 Aeronautics 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 Secretary of the
Interior--
(A) shall serve as co-chairs of the Coral Reef Task
Force; and
(B) may each provide administrative support 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 working groups
as are necessary to assist it in its duties;
(ii) select as an advisory committee an existing
organization that represents a broad range of private
and public interests related to coral reefs; and
(iii) consult with local governments, the scientific
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 subparagraph (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 carried 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 emergency;
(ii) when necessary for reasons of national security,
as determined by the President;
(iii) during an emergency that poses an unacceptable
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 duplication 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 Representatives and the Committee on Commerce,
Science, and Transportation of the Senate and publish in the
Federal Register a national coral reef action strategy,
consistent with the purposes and provisions 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 necessary.
(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 Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing all activities undertaken by Federal
agencies to imple
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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 assessment.--(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
Commerce, 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 paragraph (1).
(B) The plan shall include the following:
(i) A description of existing Federal coral reef
mapping, monitoring, and assessment programs.
(ii) The estimated annual cost to the Federal
Government to adequately map, monitor, and assess coral
reefs.
(iii) A process to establish data quality standards
and standardized methods for mapping, 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 assess 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 authority to manage
coral reef ecosystem fish in the exclusive economic zone as
provided by the Magnuson-Stevens 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 management plan in effect
under the Magnuson-Stevens Fishery Conservation and
Management Act.
(B) Nothing in this Act shall be construed to authorize 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 development and
implementation of any fishery management plan under the
Magnuson-Stevens Fishery Conservation 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 system after the date of enactment of this Act.
(5) Regional councils.--Nothing in this Act affects the
authority of the Regional Fishery Management Councils
established under the Magnuson-Stevens 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 meaning 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 availability of
appropriations, shall provide grants to carry out projects that provide
for coral reef conservation and are approved 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 jurisdiction over
coral reefs and whose activities directly or indirectly affect
coral reefs.
(2) Any educational institution with a demonstrated expertise
in coral reef conservation.
(3) Any nonprofit organization with demonstrated expertise in
coral reef conservation.
(c) Eligible Projects.--The Secretary may not approve a coral reef
conservation project under this section unless the project is
consistent with the coral reef action
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strategy established by the Coral Reef Task Force under section 4(b)(1)
and will accomplish at least one of the following 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 monitor 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 enforcement 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 conducting the
project and a description of their qualifications.
(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 appropriate
representatives of the State and local government jurisdictions
in which the project will be conducted, if the project will be
conducted by a nongovernmental partner.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) Any other information the Secretary considers to be
necessary for evaluating the eligibility of the project.
(e) Project Review and Approval.--
(1) In general.--(A) The Secretary shall review and approve
or disapprove each coral reef conservation project proposal
submitted under this section.
(B) The Secretary may approve a project proposal and provide
coral reef conservation assistance under this section for a
project only if, after reviewing 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, including the relevant regional
fishery management 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 documentation of that
peer review, and consider any comments 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 disapproval of the
project to the applicant; and
(B) in the case of an approved project, publish
notice of project approval in the Federal Register
prior to making a grant under this section for the
project.
(f) Matching Funds.--
(1) In general.--Except as provided in paragraph (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 services.
(2) Exception.--(A) Of amounts appropriated for grants under
this section, the Secretary may reserve 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;
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(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 contributions.
(g) Implementation Regulations or Guidelines.--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
section. In developing such regulations and guidelines, the Secretary
shall provide for appropriate public notice and comment.
(h) Project Reporting.--The Secretary shall require 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 published pursuant
to section 4(b)(1). The report shall include a State-by-State summary
of projects funded under this section and a summary of Federal and non-
Federal contributions toward the costs of each project.
SEC. 6. CONSERVATION ACTIVITIES BY SECRETARY OF COMMERCE.
(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 Act, the strategy published
by the Coral Reef Task Force under section 4(b)(1), and the National
Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, and
the Magnuson-Stevens Fishery Conservation and Management Act.
(b) Authorized Activities.--Activities authorized under subsection
(a) include--
(1) mapping, monitoring, assessment, restoration, and
scientific research that benefits 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; and
(3) providing assistance to States in implementing
conservation measures and removing abandoned fishing gear,
marine debris, and abandoned vessels from coral reefs to
conserve living marine resources.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this Act $14,000,000 for each of fiscal years
2001, 2002, 2003, and 2004.
(b) Coral Reef Conservation Assistance Grants.--Amounts appropriated
under subsection (a) and used for coral reef conservation assistance
under section 5 may remain available until expended. The Secretary
shall ensure that coral reef conservation assistance provided under
section 5 is distributed so that--
(1) not less than 40 percent of the funds available for each
fiscal year are awarded for coral reef conservation projects in
the Pacific Ocean; and
(2) not less than 40 percent of the funds available for each
fiscal year are awarded for coral reef conservation projects in
the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
(c) 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 assessed as an
administrative charge.
(d) National Coral Reef Activities.--Of the amounts appropriated
under subsection (a), no more than 25 percent may be used by the
Secretary for activities under section 6(b).
(e) Coral Reef Task Force.--There are authorized to be appropriated
to each of the Secretary and the Secretary of the Interior $500,000 for
each of fiscal years 2001 through 2004 to carry out the
responsibilities of the Coral Reef Task Force under section 4.
(f) Coral Disease Center.--There are authorized to be appropriated to
the Secretary $1,000,000 for each of fiscal years 2001 through 2004 to
establish a Coral Disease Center in the United States Virgin Islands in
cooperation with the Institute of Carribean Marine Studies and other
Federal agencies. Such Center shall focus on coral health issues and
shall coordinate scientific efforts throughout the United States to
characterize, understand, and control coral diseases.
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PURPOSE OF THE BILL
The purposes of H.R. 3919 are to provide assistance for the
conservation of coral reefs, to coordinate federal coral reef
conservation activities, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Coral reefs are among the world's most biologically diverse
and productive ecosystems. Coral reefs provide habitat for one-
third of all marine fish species, protect coastlines from waves
and storms, provide opportunities for fishing, support tourism
worth billions of dollars, and harbor organisms that are
important for various pharmaceutical products. Over the past
few decades, public awareness of coral reefs has risen in
response to the escalating loss of coral ecosystems. Worldwide,
it is estimated that 10 percent of coral reefs are degraded
beyond recovery and another 30 percent are in such critical
condition that they require immediate attention to prevent
their loss. Several federal agencies have jurisdiction for
managing different aspects of coral and coral reefs.
Congressional action is needed to ensure the effective
coordination of federal management activities and to provide
assistance to carry out coral reef conservation projects.
Corals are found in all oceans of the world from the
tropics to the polar regions, but not all coral species are
reef builders. Reef-building (or stony) corals are of the order
Scleractinia in the class Anthozoa of the phylum Cnidaria.
Approximately 6,000 species of Anthozoans exist in the marine
environment. Coral reefs are formed by tiny colonial animals
(called coral polyps) that secrete a hard calcium carbonate
skeleton as they grow. Living coral is found only on the
surface of the skeletal structure, and actually consists of two
distinct organisms, formed by a symbiotic relationship between
an animal (coral polyp) and a plant (algae). These intertwined
organisms require warm, nutrient poor water that is free of
sediments to flourish. Coral reefs are widely distributed in
relatively shallow tropical and equatorial waters around the
globe, typically occurring between 30 degrees North and South
latitude. Although corals can be found from the water's surface
to depths of 19,700 feet, reef-building corals are generally
found at depths of less than 150 feet where sunlight
penetrates. The United States has jurisdiction over coral reef
ecosystems covering over 17,000 square kilometers within the
boundary of the 200-mile exclusive economic zone (EEZ).
Approximately 90 percent of these reefs are located in the
Western Pacific Ocean, including marine areas surrounding
American Samoa, Guam, Hawaii, and the Commonwealth of the
Northern Mariana Islands. Coral reefs are also well-developed
in the coastal waters surrounding Florida, Puerto Rico and the
U.S. Virgin Islands.
Coral reefs throughout the world suffer from anthropogenic
and natural disturbances. Human activities including
destructive fishing practices (such as the use of explosives
and poisons), nutrient enrichment (eutrophication), increasing
tourism pressure, and the physical destruction of reefs by
vessel groundings contribute to the deterioration of coral reef
ecosystems. Dramatic natural events such as hurricanes can also
damage coral reefs. Coral reefs are biologically complex yet
delicate ecosystems that are sensitive to
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changes in temperature, salinity, sediment deposition, and
nutrients. Scientists believe that changes in natural
conditions coupled with anthropogenic factors can place severe
biological stress on the coral organisms, making them more
susceptible to diseases such as white plague and black band. In
1998, coral reefs worldwide displayed wide spread
``bleaching'', which scientists believe was caused in part by
warmer than normal sea surface temperature due to a strong El
Nino event. Bleaching occurs when the algae living within the
coral die or are ejected and is an indicator of biological
stress. Bleaching, coral disease, and the physical destruction
of coral reefs are all manifestations of declining coral
health.
Healthy coral reefs are vital to coastal economies and
serve as the economic base for many coastal communities
throughout the United States. Coral reef related tourism is
important in the Florida Keys, Hawaii, and many other U.S.
Insular Areas. Coral reefs also support nearly one-half of the
federally-managed species of fish that are important in
recreational, commercial, and subsistence fisheries. Coral
reefs are home to many marine organisms that are becoming
increasingly valued by the biomedical and pharmaceutical
industries. For example, a chemical compound derived from
Caribbean reef sponges is the active ingredient in medicines
widely used in cancer chemotherapy treatment. Finally, coral
reefs provide natural protection to the U.S. coastline by
reducing the energy from incoming waves from hurricanes and
storm surges by up to 97 percent. This reduction in wave energy
translates into a savings of both human lives as well as
dollars from property that was spared destruction from severe
storms.
Three years ago, the international community of scientists,
policy makers, natural resource managers and coral reef
advocates were successful in having the United Nation designate
1997 as the International Year of the Reef (IYOR). The goal of
IYOR was to promote research on and public awareness of issues
pertaining to coral reef ecosystems, including the need for
improved monitoring of coral reef health and increased
financial assistance for coral reef conservation at the local
level. The House of Representatives passed H.R. 2233 on
November 13, 1997, which was introduced by the Chairman of the
Subcommittee on Fisheries Conservation, Wildlife and Oceans,
Jim Saxton (R-NJ), to create an assistance fund for coral reef
conservation and restoration projects. The Senate did not act
on this legislation during the 105th Congress. On June 11,
1998, the President signed Executive Order 13089 which
established a U.S. Coral Reef Task Force to coordinate federal
agency activities and to develop a comprehensive plan for the
protection, restoration and sustainable use of U.S. coral
reefs.
Effective conservation of coral reefs requires the
cooperation of several federal agencies as well as State and
Territorial governments. Several federal agencies, including
the National Oceanic and Atmospheric Administration (NOAA) and
the Department of the Interior, the States and Territories, and
local governments all have various levels of responsibility for
managing coral reef ecosystems. NOAA is the primary federal
steward for marine and coastal resources, and is responsible
for carrying out mapping, monitoring and research important for
understanding coral reefs and managing marine ecosystems. NOAA,
in cooperation with the Regional Fishery Management Councils,
is also the agency des
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ignated to manage marine fisheries in the EEZ, including coral
reefs under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The Department of the
Interior manages coral reefs within the boundaries of National
Parks, National Seashores, National Wildlife Refuges, and other
public lands. Unfortunately, the lack of coordination among the
responsible government agencies has hindered coral reef
conservation efforts. Further, there is a scarcity of
monitoring data and knowledge about the status of many of the
world's reefs. This information isimportant for tracking the
health of coral reefs, and addressing the needs of the most critical
coral reef areas.
Summary of legislation
H.R. 3919, the Coral Reef Conservation and Restoration
Partnership Act, builds upon earlier coral reef conservation
efforts and addresses the need for greater coordination and
cooperation among the relevant authorities. H.R. 3919 combines
provisions from two earlier coral reef bills introduced during
the 106th Congress: H.R. 2903, introduced by Congressman Jim
Saxton (R-NJ), and H.R. 3133, introduced by Congressman Eni
Faleomavaega (D-AS). H.R. 3919 represents a bi-partisan effort
to establish a comprehensive coral reef conservation program.
H.R. 3919 authorizes a total of $64 million over fiscal years
2001 through 2004 to support the Coral Reef Task Force,
establish a coral reef conservation grant program, and fund
NOAA's ongoing management activities under a national coral
reef program, including a national coral reef disease center.
H.R. 3919 provides a statutory framework for a permanent
Coral Reef Task Force (CRTF). Initially created by Executive
Order 13089, the Task Force is co-chaired by the Secretary of
Commerce and the Secretary of the Interior, and includes the
Governors of the States and Territories, and other federal
agency and department heads with significant interest in coral
reef management. The Committee intends that the CRTF continue
to coordinate federal, State and Insular Area activities
related to coral reef management, avoid duplication of
management efforts, and develop comprehensive solutions and
policies for conserving coral reefs. The CRTF is directed to
submit to Congress a coral reef action strategy. The Committee
expects that the CRTF will rely on the National Action Plan to
Conserve Coral Reefs adopted at the March 2, 2000, CRTF meeting
to prepare this strategy. The CRTF is also directed to prepare
a comprehensive mapping, monitoring and assessment plan. The
CRTF has already completed much of the preliminary work for
this effort, and this information should be incorporated into
the comprehensive plan. Once the national strategy is
finalized, all federal agencies are required to comply with the
strategy to the maximum extent practicable. The Committee does
not intend that the CRTF have the authority to review federal
agency actions that may impact coral reefs, nor does it intend
that this provision place additional regulatory burden on any
federal agency above and beyond existing statutory
requirements. The Committee expects that each agency will use
its existing authorities to carry out the national coral reef
action strategy.
The primary focus of H.R. 3919 is to establish a coral reef
conservation and restoration grant program. The grant program
is in
[[Page 10]]
tended to improve the conservation, understanding, and
sustainable use of coral reef ecosystems. This program will
compliment existing restoration plans and foster greater local,
State, and Territorial involvement in coral reef conservation.
Assistance provided under this bill should be used for on-the-
ground conservation projects, as defined in the bill, and not
for additional planning or administrative expenses. Eligible
grantees include States, Territories, local governments,
educational institutions, and nongovernmental organizations
(NGOs) with demonstrated experience in coral reef conservation.
H.R. 3919 requires non-federal sponsors to provide up to 50
percent of the cost of the project, and allows the Secretary of
Commerce to waive the match requirement in certain instances.
NGOs are not eligible for the reduced match grants. The
Committee believes that it is important for nongovernmental
partners to provide the full financial match because the grants
are not intended to replace other fund-raising activities
carried out by NGOs.
H.R. 3919 is focused on providing assistance to conserve
the biogeographic features of coral reef ecosystems. Funds
provided under this bill should not be used for non-reef
building coral species that are not commonly considered to be
coral reefs by scientists. Further, grants under H.R. 3919 are
not intended to develop new federal mechanisms to regulate the
harvest and trade of coral species, but such grants may be used
by non-federal partners to improve compliance with existing
laws designed to protect coral reefs. The Secretary has
discretion in determining which projects will receive funding,
but the Secretary is required to consult with the Regional
Fishery Management Councils, States, local governments, and the
scientific community to determine if a project merits funding.
The Committee expects that the Secretary will establish a
procedure for providing scientific peer-review of project
proposals. Restoration of natural systems is an emerging
science, and the Committee anticipates that many of these
projects will be new and innovative. Therefore, the Committee
encourages the Secretary to require applicants to include long-
term monitoring components with their restoration projects to
provide data for evaluating project success or failure. This
information should be shared with the scientific community to
improve future projects.
Finally, H.R. 3919 authorizes the Secretary of Commerce to
undertake coral reef conservation activities directly related
to NOAA's authorities as the primary federal steward of marine
resources, including the Magnuson-Stevens Fishery Conservation
and Management Act, the National Marine Sanctuary Act, the
Coastal Zone Management Act, and other laws. The Committee
expects that these activities will be carried out under
existing programs to the maximum extent possible, provide long-
range benefits to the nation's coral reefs, and result in
improved understanding of the nation's coral reef ecosystems.
The Committee feels that sound scientific information regarding
the status of coral reefs is lacking, and encourages NOAA and
the CRTF to focus their resources on mapping and monitoring to
develop an adequate baseline of coral reef data. The Committee
expects that the Secretary of Commerce will use existing
programs within NOAA, such as the National Ocean Service's
Office of Response and Restoration and the Na
[[Page 11]]
tional Marine Fisheries Service's Restoration Center, to carry
out the provisions of this bill.
The Committee is authorizing $1 million to support the
start-up and annual operation costs of a ``virtual center'' for
the coordination of coral reef disease research efforts
throughout the United States and for the establishment of
adequate facilities for field research in the U.S. Virgin
Islands. The Committee expects that the Secretary will use the
Institute of Carribean Marine Studies (ICMS) and other
interagency agreements to carry out this provision. The ICMS
features interagency partnerships with the Department of the
Interior, NOAA, and the Consortium of Caribbean Marine Studies.
The Consortium consists of the University of the Virgin
Islands, the University of North Carolina-Wilmington, the
University of South Carolina, and Rutgers. The coral disease
center will promote coordination of coral reef research and
monitoring efforts, particularly related to coral health and
coral diseases which are devastating reefs throughout the
Caribbean and the Pacific.
Fishery management
The Committee supports efforts to maximize government
efficiency in managing coral reefs and intends that each member
of the Task Force use its existing authorities and expertise to
accomplish the purposes of this bill. The Committee is
concerned that the Administration has been unable to reconcile
the existing authorities of the Secretary of Commerce and the
Secretary of the Interior as they pertain to fisheries
management in coral reef ecosystems. In particular, the
Committee is concerned with the perception that the Magnuson-
Stevens Fishery Conservation and Management Act (MSFCMA, 16
U.S.C. 1801 et seq.) does not have equal weight with other
natural resources management laws. The Committee does not share
this view, and expects that the CRTF will continue to follow
the provisions of the MSFCMA in developing its strategies and
implementing coral reef conservation initiatives. The
provisions of the MSFCMA, as they pertain to fisheries
management in the federal waters of the U.S. EEZ, are clear.
Paragraph 2(b)(1) of the MSFCMA states that it is the
purpose of the Congress ``to take immediate action to conserve
and manage the fishery resources found off the coasts of the
United States, and the anadromous species and Continental Shelf
fishery resources of the United States, by exercising (A)
sovereign rights for the purpose of exploring, exploiting,
conserving and managing all fish within the exclusive economic
zone * * *'' (emphasis added). Further, paragraph 2(c)(7) of
the MSFCMA states that it is the policy of Congress that
``fishery resources adjacent to a Pacific Insular Area,
including resident or migratory stocks within the exclusive
economic zone adjacent to such areas, be explored, developed,
conserved, and managed for the benefit of the people of such
area and of the United States.'' (emphasis added). Congress
clearly intended that the MSFCMA apply to corals and coral reef
fisheries. Section 3(11) defines the term ``fish'' to mean
``finfish, mollusks, crustaceans, and all other forms of marine
animal and plant life other than marine mammals and birds.''
Further, coral species are included in the term ``Continental
Shelf fishery resources'' under paragraph (7) of that section.
[[Page 12]]
Article IV of the Constitution gives Congress the power to
``dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the
United States * * *,'' The term ``Property'' as it is used in
this context includes submerged lands and natural resources,
such as fisheries. In many cases, Congress has delegated its
property management authority to the President. The authority
to carry out the MSFCMA is delegated to the Secretary of
Commerce (16 U.S.C. 1802(34)). In practice, the MSFCMA
establishes regional fishery management councils to develop
fishery management plans (16 U.S.C. 1852(h)). The regional
councils are required to prepare and submit to the Secretary
fishery management plans for each fishery under their
jurisdiction that ``are necessary and appropriate for the
conservation and management of the fishery to prevent
overfishing and rebuild overfished stocks, and to protect,
restore, and promote the long-term health and stability of the
fishery.'' (16 U.S.C. 1853 (a)(1)(A)).
In the case of the Western Pacific Ocean, the Western
Pacific Regional Fishery Management Council has ``authority
over the fisheries (and coral reef species) in the Pacific
Ocean seaward of [Hawaii, American Samoa, Guam, and the
Northern Mariana Islands].'' (16 U.S.C. 1852(a)(1)(H)).
Further, the MSFCMA defines ``Pacific Insular Area'' to include
``all islands and reefs appurtenant to such island, reef, or
atoll.'' This term cannot be read to exclude wildlife refuges
which extend into the marine environment and were designated
prior to the 1996 MSFCMA amendments (Public Law 104-297)
because Congress intentionally included these marine areas into
the definition. Clearly, Congress intended that the regional
fishery management councils develop fishery management plans
for corals and coral reef species that occur in the federal
waters of the EEZ. The MSFCMA does not preclude conservation of
coral species or the establishment of the no-take marine
reserves. Rather, the MSFCMA establishes a public process,
based on sound science, to determine the best way to protect,
restore, and promote the long term health of these species.
The Committee does not disagree that Congress has delegated
authority to the Secretary of the Interior to manage certain
federal lands, including national wildlife refuges, under other
statutes. In particular, the National Wildlife Refuge System
Administration Act (NWRSAA, 16 U.S.C. 668dd et seq.) gives the
Secretary of the Interior broad authority to manage national
wildlife refuges to fulfill the stated mission of the System:
the conservation, management, and restoration of fish, wildlife
and plant resources of the United States. In recognition of
this role, the Committee has designated the Secretary of the
Interior as a co-chair of the CRTF. It is the Committee's
understanding that there are 11 wildlife refuges with
boundaries that extend seaward of State or Territorial seas
into the federal waters of the EEZ. By regulation, commercial
fishing is prohibited in all, and recreational fishing is
prohibited in seven, of these refuges. The Secretary of the
Interior relies on the broad authorities granted under the
NWRSAA to control access to and establish regulations regarding
the natural resources found within a refuge boundary. In the
case of refuges extending into the federal waters of the EEZ,
the Secretary of the Interior has claimed that these
regulations override fishery management plans and required
[[Page 13]]
no consultation with the relevant regional fishery management
council.
The Committee does not believe that fishing activities in
the federal waters of the EEZ should be prohibited without the
advice and input of the appropriate regional fishery management
council under the procedures established in the MSFCMA. The
Committee disagrees that the MSFCMA is subservient to the
NWRSAA. Nowhere in the MSFCMA is there a stated exclusion of
applicability for areas in the EEZ that are managed by another
federal agency. Likewise, the NWRSAA does not automatically
trump other natural resources management laws. In fact, the
NWRSAA states that ``Nothing in this Act shall be construed as
affecting the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate fish and
resident wildlife under State law or regulations in any area
within the System. Regulations permitting hunting or fishing of
fish and resident wildlife within the System shall be, to the
extent practicable, consistent with State fish and wildlife
laws, regulations, and management plans.'' (16 U.S.C.
688dd(m)). Since the States do not have authority to control or
regulate fishing in the federal waters of the EEZ, Congress has
delegated this authority to the Secretary of Commerce.
The Committee believes that Congress did not intend the
NWRSAA to apply to marine refuges in the federal waters of the
EEZ, and questions whether the Department of the Interior has
the authority to establish wildlife refuges in these waters.
H.R. 3919 does not address this issue but rather clarifies how
coral reef fisheries in the federal waters of the EEZ should be
managed. Regardless of existing authority to establish such
refuges, the NWRSAA clearly states that the System shall be
administered in a manner that will complement the efforts of
States and other federal agencies to conserve fish andwildlife
and their habitats. Specifically, the Secretary of the Interior is
directed to ``continue, consistent with existing laws and interagency
agreements, authorized or permitted uses of units of the System by
other Federal agencies * * *'' (16 U.S.C. 668dd(a)(4)(L)). Further,
the determination of whether a use such as commercial fishing in the
federal waters of the EEZ is compatible with the purpose of the refuge
does not apply to ``activities authorized, funded, or conducted by a
Federal agency (other than the United States Fish and Wildlife Service)
which has primary jurisdiction over a refuge or a portion of a refuge,
if the management of those activities is in accordance with a
memorandum of understanding between the Secretary or the Director and
the head of the Federal agency with primary jurisdiction over the
refuge governing the use of the refuge.'' (16 U.S.C. 668dd(d)(4)(B)).
Congress has given primary authority for fishery management
in the federal waters of the exclusive economic zone to the
Secretary of Commerce through the MSFCMA. If the Secretary of
the Interior establishes a wildlife refuge in the federal
waters of the EEZ, this refuge must be managed consistent with
other laws, including the MSFCMA. The implementation of these
two statutes is not mutually exclusive. To assist in the
implementation of the coral reef action strategy and to improve
cooperation among the two federal agencies in question, H.R.
3919 clarifies that the Secretary of Commerce retains the
authority for managing coral reef ecosystem fish
[[Page 14]]
eries in the federal waters of the exclusive economic zone
under the MSFCMA.
H.R. 3919 does not limit the Secretary of the Interior's
authority to establish or manage national wildlife refuges
under the NWRSAA. Instead, H.R. 3919 sets up a process for
allowing the two agencies to work together to further the goal
of coral reef conservation. The Committee envisions a situation
similar to the one that occurs in other ``overlay'' refuges
where the Secretary of the Interior and the Secretary of
Defense share management responsibilities for federal lands.
Where a wildlife refuge has been established in the EEZ, the
Secretary of the Interior and the Secretary of Commerce should
enter into a memorandum of understanding on how the corals and
fish within the refuge will be managed. Under H.R. 3919, if a
wildlife refuge is established in an area currently regulated
under a fishery management plan pursuant to the MSFCMA, the
Secretary of the Interior is required to prepare comprehensive
refuge management plan consistent with this fishery management
plan. If a refuge is established in an area where no fishery
management plan exists, the Secretary of Commerce is required
to consult with the Secretary of the Interior on the
development and implementation of any new fishery management
plan. H.R. 3919 allows the Secretary of Commerce to delegate
the authority to manage fish in a refuge in the federal waters
of the EEZ to another federal official, including the Secretary
of the Interior, in cases where such delegation is appropriate.
If the relevant regional fishery management council determines
that the policies and purposes of MSFCMA could be best
accomplished under the Secretary of the Interior's refuge
regulations, the council can prepare a fishery management plan
or plan amendment that will delegate this authority to the
Secretary of the Interior.
It is the Committee's interpretation that section 4(c) of
H.R. 3919 is consistent with all provisions of current law,
including the NWRSAA and the MSFCMA. This provision does not
grant any new authority to the Secretary of Commerce or
eliminate any of the Secretary of the Interior's current
authority. This provision simply ensures that the coordination
provisions required under the NWRSAA will be implemented in a
manner consistent with the MSFCMA and in such a manner as to
ensure public input. This provision also helps to ensure that
the national action strategy will be consistent with existing
fishery management plans developed by the regional fishery
management councils and approved by the Secretary of Commerce.
COMMITTEE ACTION
H.R. 3919 was introduced on March 14, 2000, by Congressman
Jim Saxton (R-NJ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife, and Oceans. On October 21,
1999, the Subcommittee held a hearing on a related bill, H.R.
2903. On March 23, 2000, the Subcommittee met to mark up H.R.
3919. No amendments were offered and the bill was ordered
favorably reported to the Full Committee by voice vote. On June
20, 2000, the full Resources Committee met to consider the
bill. Chairman Don Young (R-AK) offered an amendment in the
nature of substitute that made a number of technical and
clarifying corrections, re
[[Page 15]]
quired all federal agencies to minimize actions that degrade
coral reefs, established a process for managing coral reef
fisheries in the exclusive economic zone according to the
provisions of the MSFCMA, required the CRTF to submit a report
on implementation of the bill within two years, allowed NOAA to
provide assistance to States to implement coral reef
conservation measures, and increased the authorization by an
additional $1 million a year to establish a coral disease
center in the U.S. Virgin Islands. Congressman Neil Abercrombie
(D-HI) offered an amendment to the Young substitute amendment
that expanded the definitions of ``coral'' and ``coral reefs''
to include other coral species that are found in Hawaii. The
amendment was approved by voice vote. Congressman Eni
Faleomavaega (D-AS) offered an amendment to the Young
substitute amendment that replaced the language pertaining to
coral reef fisheries management. The amendment was defeated by
voice vote.
The amendment in the nature of a substitute, as amended,
was then approved by voice vote. The bill as amended was then
ordered favorably reported by voice vote to the House of
Representatives.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title is the ``Coral Reef Conservation and
Restoration Partnership Act of 2000.''
Section 2. Purposes
The purposes of the bill are: to maintain and restore the
health of coral reef ecosystems; to promote the wise management
and long-term sustainable use of coral reef ecosystems to
benefit local communities and the nation; to promote
cooperative coral reef conservation projects that involve
affected local communities and nongovernmental organizations;
to address conflicts between coral reef uses; to enhance
compliance with laws that prohibit or regulate the taking of
corals, species associated with coral reefs, and coral
products, or laws that regulate the use and management of coral
reef ecosystems; to develop sound scientific information on the
condition of coral reef ecosystems and the threats to such
ecosystems; and to coordinate activities and programs related
to coral reefs that are conducted, funded, or authorized by the
federal government, including coral reef conservation, research,
mapping, monitoring, assessment, and restoration.
Section 3. Definitions
Section 3 defines the following terms: coral, coral reef,
coral reef conservation, coral products, coral reef ecosystem,
Coral Reef Task Force, Secretary, and State. The term ``coral''
includes a list of coral species of the phylum Cnidaria from a
variety of orders, including the reef-building order
Scleractinia and other corals of the orders Antipatharia,
Alcyonacea, Gorgonacea, Stolinefera, Coenothecalia,
Hydrocorallina, and Zoanthidae. The term ``coral reef'' is
limited to those biogeographic features that are created by
living coral, and means any reef or shoal comprised primarily
of the skeletal material of species of one or more of the
orders Scleractinia (hard or stony corals), Antipatharia (black
corals), Gorgonacea (horny cor
[[Page 16]]
als), and Zoanthidae (gold corals). The term ``State'' includes
any State, Territory, Insular Area, or freely associated State
of the United States that contains coral reef ecosystems within
its boundaries, including American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, the Virgin Islands, and the
Marshall Islands.
Section 4. Coordination of Federal agencies
Section 4 gives statutory authority to the Coral Reef Task
Force (CRTF), which was originally established by the President
in Executive Order 13089. Section 4 does not establish a new
task force, but recognizes the ongoing efforts of the CRTF and
authorizes CRTF activities. The Task Force is co- chaired by
the Secretary of the Interior and the Secretary of Commerce
(acting through NOAA). Other members include the Administrator
of Environmental Protection Agency, Attorney General, Secretary
of Agriculture, Secretary of Defense, Secretary of State,
Secretary of Transportation, Director of the National Science
Foundation, Administrator of the Agency for International
Development, and the Administrator of the National Aeronautics
and Space Administration. The co- chairs may jointly designate
the head of any other federal agency or the Governor of any
State or Territory to serve on the Task Force.
The duties of the Coral Reef Task Force are: to coordinate
all federal activities related to coral reefs, and facilitate
the resolution of interagency and intergovernmental conflicts
associated with the use and conservation of coral reefs; to
develop and coordinate consistent national policies,
strategies, plans, programs, projects, activities, and
priorities for the conservation and protection of United States
coral reefs and coral reef ecosystems; to develop and
coordinate a research program to identify the major causes and
consequences of degradation of coral reef ecosystems, improve
the understanding of coral reef health and diseases, and
identify solutions and procedures to repair and restore coral
reefs; to develop and promote strategies and actions for the
conservation and sustainable use of coral reef resources
worldwide, including the sharing of information, collaborative
research, and monitoring efforts; and to develop and recommend
solutions to reduce or eliminate unsustainable fishing
practices on coral reefs worldwide.
In carrying out its duties, the CRTF may consult with the
scientific community and local governments on coral reef
conservation issues, and may establish advisory committees and
workgroups as necessary to assist with its duties. To the
extent that such organizations exist, the CRTF is directed to
use existing advisory groups that include a broad range of
private and public interests. The CRTF may also consult with
the regional fishery management councils established under the
Magnuson-Stevens Fishery Conservation and Management Act on
issues that affect the management of coral reef fisheries in
the EEZ. The co-chairs are authorized to provide administrative
support to the CRTF as necessary to carry out its duties.
Section 4 directs that all federal agencies ensure that their
activities support and implement the national coral reef action
strategy developed by the CRTF. To the maximum extent
practicable, these agencies are directed to make sure that
their actions will not degrade coral reef ecosystems.
Exceptions may be allowed during time of war, national
emergency, for rea
[[Page 17]]
sons of national security, or in a situation that constitutes a
danger to human life or a real threat to vessels, aircraft,
platforms or other man-made structures.
Section 4 requires the CRTF to submit several reports and
plans to the Committee on Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The CRTF is directed to submit a
national coral reef action strategy for the conservation of
coral reef ecosystems within 180 days. The CRTF may
periodically review and revise this strategic plan, but
revisions must also be sent to the Committees. The CRTF is
required to submit a biennial report to the Committees
describing federal agency activities to implement the strategy.
These ``state of the coral reefs'' reports must describe of all
federal activities and expenditures undertaken to implement the
strategy. Section 4 also requires the CRTF to submit to
Congress a plan to implement a coordinated United States coral
reef mapping, monitoring, and assessment program. The plan is
due no later than one year from the date of enactment of the
bill. The plan shall include a description of existing federal
mapping efforts, estimated costs to the federal government,
processes to incorporate data from multiple sources and ensure
data quality, and a pilot project to implement a national
mapping, monitoring and assessment program.
Finally, section 4 clarifies that coral reef ecosystem fish
in federal waters of the U.S. EEZ outside of State and
Territorial seas will continue to be managed under the MSFCMA.
Section 4 clarifies that the Secretary of Commerce retains the
exclusive authority in the federal government for the
management of fisheries in the EEZ. The Secretary of Commerce
may delegate this authority to any other federal official by a
memorandum of understanding where appropriate and necessary.
Section 4 does not prohibit the Secretary of the Interior from
establishing national wildlife refuges pursuant to existing
authorities in the National Wildlife Refuge System
Administration Act of 1966, but it also does not give the
Secretary of the Interior any new authority to designate a
national wildlife refuge. In cases where existing wildlife
refuges overlap with federal waters in the EEZ, the Secretary
of the Interior must manage the refuge consistent with existing
fishery management plans. If no fishery management plan exists,
the Secretary of Commerce must consult with the Secretary of
the Interior to develop and implement any fishery management
plan that will apply to federal waters in the EEZ that are
included within the boundary of a wildlife refuge. Section 4
does not require the Secretary of Commerce to develop a fishery
management plan for wildlife refuges in the EEZ. Rather,
section 4 clarifies that if such a plan is developed, the
Secretary of the Interior must be consulted. The Committee
intends that nothing in this legislation would affect State and
Territorial waters or National Parks or National Wildlife Refuges
within State or Territorial waters.
Section 5. Coral reef conservation assistance
Section 5 establishes a matching grant program for local
coral reef conservation projects. The grant program is
administered by the Secretary of Commerce. Eligible project
partners must contribute at least 50 percent of the total cost
of the project. Eligible project partners include State and
local governments with jurisdic
[[Page 18]]
tion over coral reefs, and nongovernmental (NGO) or educational
organizations with demonstrated expertise in the conservation
or restoration of coral reefs. Eligible project partners submit
project proposals to the Secretary for review and approval.
Project proposals must include a description of the
qualifications of the persons responsible for the project, a
description of the project, an estimate of the project's costs,
information regarding the source of matching funds, and any
other information required by the Secretary. If the applicant
is an NGO or educational organization, the project proposal
must also include evidence of support for the project by the
State in which the project will be conducted. Projects proposed
by eligible partners must meet at least one of the following
objectives:
1. Implement measures to protect 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 monitor 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 enforcement
efforts related to coral reefs;
7. Assist with conflict resolution and local
community outreach related to coral reefs; or
8. Promote ecologically sound navigation and
anchorages near coral reefs.
Section 5 establishes a process for reviewing project
proposals. Before approving any project, the Secretary shall
request and consider written comments from each State or
Territory that will be affected by the project or that has
jurisdiction over the area within which the project will be
conducted. The Secretary must also provide the opportunity for
peer scientific review of coral reef conservation projects.
Finally, the Secretary must consider the proportion of non-
federal matching funds that will be used for the project in
order to maximize the federal grants for the greatest number of
meritorious projects.
The Secretary may approve a project only if the grantee
demonstrates that at least 50 percent of the total project
costs will be paid with non-federal funds. The Secretary may
approve a project where the grantee proposes in-kind
contributions of goods and services in lieu of cash payments to
match the federal grant dollars. The Secretary may reserve up
to five percent of the amounts appropriated for coral reef
conservation grants under this bill for small, flexible match
projects carried out by local or State governments. Under this
provision, the Secretary may provide up to 100 percent of the
cost of the project. Projects eligible for the flexible match
must be proposed by and carried out by a local or State
government, each grant cannot exceed a total cost of $20,000,
and the grantee must demonstrate an inability to provide the
full 50 percent of the project's costs. NGOs are not eligible
for flexible match grants. Existing provisions of law provide
for flexibility in the matching requirements for coral reef
conservation assistance provided to Insular Areas. Under 48
U.S.C. 1469a, the Secretary has
[[Page 19]]
the discretion to waive the matching and reporting requirements
for grants-in-aid made to an Insular Area of the United States
(including the Virgin Islands, Guam, American Samoa, the Trust
Territory of the Pacific Islands, and the Government of the
Northern Mariana Islands).
The Secretary is required to provide written notification
of project approval or disapproval to the applicant within six
months of receiving a project proposal. If a project is
approved, the Secretary must also provide notification of the
project in the Federal Register. Grantees may be required to
submit periodic reports to the Secretary to document and
evaluate the success of coral reef conservation projects. Not
later than three years from the date of enactment of this bill,
the Secretary is required to submit a report to Congress that
documents the effectiveness of the grant program in
implementing the national coral reef action strategy
established by the CRTF. This report will include a State-by-
State summary of projects funded under this section.
Section 6. Conservation activities by Secretary of Commerce
Section 6 authorizes the Secretary of Commerce to establish
a national coral reef conservation program and conduct
activities to conserve coral reefs and coral reef ecosystems to
the extent that these activities are consistent with the
Coastal Zone Management Act, National Marine Sanctuaries Act,
the Magnuson-Stevens Fishery Conservation and Management Act,
other relevant statutes, and the national strategy developed by
the CRTF. Section 6 authorizes NOAA to implement mapping,
monitoring, assessment, research and education programs that
benefit the understanding and long-term sustainable use of
coral reefs and coral reef ecosystems. Section 6 also
authorizes the Secretary to provide assistance to the States
(and Insular Areas) to implement conservation measures and to
remove abandoned fishing gear, marine debris, and abandoned
vessels from coral reefs when such activities are necessary to
conserve living marine resources. This section clarifies the
Secretary's existing authorities, and provides direction to
assist the Secretary in implementing the strategies and
policies developed by the CRTF.
Section 7. Authorization of appropriations
Section 7 authorizes a total of $64 million for coral reef
conservation over four years. For each of fiscal years 2001
through 2004, there are authorized to be appropriated $14
million to the Secretary of Commerce for coral reef
conservation assistance. Of this amount, no more than 10
percent of the amounts appropriated (up to a maximum of $1
million) can be used for program administration and no more
than 25 percent of the amounts appropriated can be used by the
Secretary for national program activities under Section 6.
Section 7 requires that the grants be distributed so that no
less than 40 percent of the total grants available are awarded
for projects in the Atlantic and Carribean, and no less than 40
percent are awarded for projects in the Pacific. The Secretary
has the discretion to allocate the remaining 20 percent of the
grant funds. Section 7 also authorizes $1,000,000 in each of
fiscal years2001 through 2004 to administer the Coral Reef Task
Force and carry out its functions under Section 4. Of this amount,
$500,000 each
[[Page 20]]
is appropriated to the Secretary of Commerce and the Secretary of the
Interior to support their roles as co-chairs of the CRTF. Finally,
Section 7 authorizes $1 million for the Secretary of Commerce for each
of fiscal years 2001 through 2004 to establish a national ``virtual
coral reef disease center'' with facilities in the U.S. Virgin Islands
to coordinate scientific efforts throughout the U.S. to characterize,
understand, and control coral disease.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
This bill codifies an existing advisory committee
established under Executive Order.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of Rule XIII of the rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
[[Page 21]]
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 6, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3919, the Coral
Reef Conservation and Restoration Partnership Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs) and Victoria Heid Hall (for state and
local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3919--Coral Reef Conservation and Restoration Partnership Act of
2000
Summary: H.R. 3919 would provide for a coordinated national
strategy to protect and conserve coral reefs. For this purpose,
the bill would:
Establish a permanent Coral Reef Task Force,
composed of the Secretaries of Commerce and the Interior (co-
chairs), heads of several other federal agencies, and the
governors of states designated by the co-chairs. The task force
would coordinate federal programs, national policies, research,
and other activities related to coral reefs. The group would
have six months to publish a strategy to protect coral reefs.
It also would develop a plan for mapping, monitoring, and
assessing U.S. coral reefs.
Create a grant program for conservation projects
carried out by state or local agencies, educational institutes,
or nonprofit organizations.
Authorize the National Oceanic and Atmospheric
Administration (NOAA) to carry out conservation activities such
as mapping and monitoring, developing public awareness and
education programs, and providing assistance to states in
implementing conservation measures and removing abandoned
vessels and other debris from reefs.
Codify a requirement in a 1998 executive order
(pertaining to coral reef protection) that federal agencies
whose actions may affect a reef ecosystem must, to the maximum
extent practicable, ensure that its activities will not degrade
the condition of the reef.
The bill would authorize the appropriation of $16 million
for each of fiscal years 2001 through 2004 to carry out these
purposes. Of this amount, $0.5 million annually would be
earmarked for each of the two agencies co-chairing the task
force and $1 million annually would be used to establish the
Coral Disease Center in the U.S. Virgin Islands. The balance
would fund conservation, research, and enforcement measures
taken by NOAA or its grantees.
H.R. 3919 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA).
[[Page 22]]
Estimated cost to the Federal Government: Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 3919 would cost the federal government $64
million through fiscal year 2005. The costs of this legislation
fall within budget function 300 (natural resources and
environment). The estimated budgetary impact of H.R. 3919 is
shown in the following table.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Coral reef protection spending under current law:
Budget authority \1\........................................ 6 0 0 0 0 0
Estimated outlays........................................... 5 1 0 0 0 0
Proposed changes:
Authorization level......................................... 0 16 16 16 16 0
Estimated outlays........................................... 0 8 15 15 16 10
Coral reef spending under H.R. 3919:
Authorization level......................................... 6 16 16 16 16 0
Estimated outlays........................................... 5 9 15 15 16 10
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year.
Basis of estimate: The bill would provide statutory
authority for the activities of the coral reef protection task
force, and other activities such as coral reef mapping and
monitoring, and conservation grants--all of which are currently
being carried out under Executive Order 13089(June 11, 1998).
For these activities, NOAA received an appropriation of $6 million for
fiscal year 2000.
For this estimate, CBO assumes that H.R. 3919 will be
enacted during fiscal year 2000 and that the entire amounts
authorized will be appropriated for each year. Outlays are
based on historical spending patterns for similar NOAA
programs.
Pay-as-you-go considerations: None.
Estimate impact on state, local, and tribal governments:
H.R. 3919 contains no intergovernmental mandates as defined in
UMRA. The bill could benefit state and local governments that
receive federal assistance to implement coral reef conservation
measures or that choose to apply for a federal matching grant
for coral reef projects. Any costs incurred would be voluntary
on the part of state or local governments.
Estimate impact on the private sector: The bill contains no
new private-sector mandates as defined in UMRA.
Estimated prepared by: Federal costs: Deborah Reis; impact
on State, local, and tribal governments: Victoria Heid Hall;
impact on the private sector: Sarah Sitarek.
Estimated approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.
[[Page (23)]]
ADDITIONAL VIEWS
In general, the Coral Reef Conservation and Restoration
Partnership Act of 2000 is constructive legislation which we
support. We agree that the estimated 4,200,000 acres of U.S.
coral reef resources in the U.S. Exclusive Economic Zone (EEZ)
and territorial waters are at risk and in dire need of enhanced
protection, research and management. H.R. 3919 would create a
much needed comprehensive mechanism to protect the Nation's
coral reefs and as well support the activities of the U.S.
Coral Reef Task Force (CRTF) and other stakeholders. However,
one remaining controversial provision needs to be modified
before this bill is scheduled for consideration on the House
floor.
The Department of the Interior (DOI) has raised significant
concerns regarding section 4(c) of the bill. According to DOI,
the language of section 4(c) would restrict, or even prohibit,
the Secretary of the Interior from using existing statutory
authorities to designate new protective management areas for
coral reef resources under the Department's territorial
jurisdiction. DOI also claims that section 4(c) would undermine
its management authority in existing coral reef holdings. Such
a significant change is undesirable. It was our understanding
that the primary goal of H.R. 3919 was to create a
comprehensive strategy for the long-term protection of coral
reef resources. The maximum utilization of all existing Federal
programs was considered essential to ensure successful
implementation of this strategy. This bill was never meant to
diminish the abilities of any of the eleven agencies from fully
participating on the CRTF now, or in the future. Unfortunately,
section 4(c) would do just that. Consequently, DOI informs us
that it will advise the Administration to oppose this otherwise
worthwhile legislation.
During the Committee's consideration of the bill, Majority
members offered allegations of inappropriate jurisdictional
creep into the marine environment by DOI as their rationale for
including section 4(c). The Majority also asserted that section
4(c) simply re-states existing authority vested in the
Secretary of Commerce, who, through the National Oceanic and
Atmospheric Administration (NOAA), acts as the principal
Federal agency responsible for the observation of the ocean
environment and management of living marine resources. We do
not disagree that NOAA has a very important role to play in the
management of coral reefs, but we also believe that DOI has
been, and should remain, a productive partner. As a result, we
share DOI's broad concern, and further, we are compelled to
explain our reservations.
First, under current law both the Commerce and Interior
Departments administer programs to manage coral reef resources.
These programs are authorized under several different enabling
statutes. However, section 4(c) would grant exclusive authority
in the Fed
[[Page 24]]
eral government for the management of coral reef ecosystem fish
in the EEZ to the Secretary of Commerce under the Magnuson-
Stevens Fishery Conservation and Management Act (P.L. 94-265).
By granting exclusive authority to the Commerce Department for
coral reef fish, section 4(c) would allow NOAA or the Regional
Fishery Management Councils to supersede current DOI
regulations in two National Parks and several National Wildlife
Refuges. Moreover, the language of 4(c) would likely preempt
DOI from playing a meaningful role in the future management of
coral reef resources found either inside the EEZ or straddling
it. This represents a substantive change in Federal policy. In
addition, valuable scientific and management contributions
presently made by DOI agencies, notably the National Park
Service, the Fish and Wildlife Service, the U.S. Geological
Survey, and the Office of Insular Affairs would be curtailed or
caught in bureaucratic entanglements. Considering the vast
scope of coral reef resources in the EEZ (e.g., an estimated
17,000 square kilometers), diminishing the future contributions
of these agencies is inconsistent with our purpose to establish
a comprehensive Federal coral reef program.
Secondly, we also are concerned that section 4(c) might
subjugate the management of marine protected areas within the
EEZ established by NOAA under the National Marine Sanctuary Act
(16 U.S.C. 1431 et seq.) to this exclusive Magnuson-Stevens Act
authority. As stated in the Magnuson-Stevens Act, ``the
promotion of domestic commercial and recreational fishing, * *
* and the preparation and implementation of fishery management
plans which will achieve * * * the optimum yield from each
fishery'' are expressed purposes. Section 4(c) would thus
enshrine ``optimal yield'' as the operative management
philosophy within NOAA for coral reef resources which could, in
certain instances, conflict with the need for more stringent,
non-consumptive coral reef protections. The language of section
4(c) can reasonably be interpreted to compromise the authority
of the National Marine Sanctuary Program to establish ``no
take'' ecological reserves within existing marine sanctuaries,
or for sanctuaries designated in the future that include coral
reef resources. Also, adherence to an ``optimal yield'' policy
might only frustrate future efforts to establish ``no-take''
areas for 20 percent of all coral reef resources in the EEZ as
specified in the National Coral Reef Action Plan endorsed by
the CRTF.
Third, we consider section 4(c) to be unnecessary
considering the recent pattern of successful collaboration
within the CRTF, and in particular, between the Departments of
Commerce and Interior. The cooperative efforts to develop the
management plans for the Florida Keys and Flower Garden Banks
National Marine Sanctuaries, the public scoping process to
develop the Tortugas Ecological Reserve, development of the
National Coral Reef Action Plan, and the most recent effort to
develop a comprehensive management plan for the coral reef
resources of the Northwest Hawaiian Islands, all demonstrate
that effective cooperation is not only possible, but a reality.
We fear that section 4(c) will encourage the worst in
bureaucratic tendencies and spark unproductive jurisdictional
turf fights among the participating Federal agencies. Such an
outcome would be ironic considering that this legislation would
codify the very CRTF mechanism established by the Administra
[[Page 25]]
tion through Executive Order #13089 to harmonize management
activities and overcome this ``stove pipe'' mentality. Congress
should remain extremely cautious to avoid disrupting what
appears to be a successful cooperative dynamic within the CRTF.
In closing, we are disappointed that we were unable to
reach agreement on acceptable alternative language for section
4(c) before this bill was ordered reported by the Committee.
This legislation is important. We believe it vital that the
future management of our Nation's widespread and complex coral
reef resources incorporate the ingenuity, creativity and
resources of all Federal agencies, States, Insular Areas and
other non-Federal stakeholders. To resolve this impasse,
section 4(c) should be struck or amended to return the focus of
coral reef management to its most appropriate forum: the CRTF.
The CRTF process allows for participation by all relevant
Federal agencies, ensures the collaboration of other public and
private stakeholders, and best ensures that future decisions
regarding coral reef management options are conducted in an
open, publicly accessible forum. If the majority finds it
necessary to either strengthen or weaken the statutory
authorities of either the Secretaries of Commerce or Interior
in regards coral reef management, we contend that this bill is
not the appropriate vehicle.
George Miller.
Frank Pallone, Jr.
Carlos Romero-Barcelo.
Joseph Crowley.
Rush Holt.
Eni Faleomavaega.
Grace F. Napolitano.
Mark Udall.
Dale E. Kildee.