H. R. 1205
IN THE HOUSE OF REPRESENTATIVES
February 27, 2007
Mr. Faleomavaega (for himself, Ms. Bordallo, Mrs. Christensen, and Mr. Abercrombie) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.
This Act may be cited as the
Coral Reef Conservation Amendments Act
Expansion of coral reef conservation program
Section 204(d) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended—
by striking “Geographic and Biological” in the heading and inserting “Project”; and
by striking paragraph (3) and inserting the following:
Remaining funds shall be awarded for—
projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the Coral Reef Task Force; and
other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support.
Section 204(g) of that Act (16 U.S.C. 6403(g)) is amended—
or after the semicolon in paragraph (9);
by striking paragraph (10); and
by inserting after paragraph (9) the following:
promoting activities designed to minimize the likelihood of vessel impacts on coral reefs, particularly those activities described in section 210(b), including the promotion of ecologically sound navigation and anchorages near coral reefs; or
promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems.
Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6405) is amended to read as follows:
Emergency response actions
The Administrator may undertake or authorize action necessary to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral reef ecosystems from vessel impacts, derelict fishing gear, vessel anchors and anchor chains, or damage from unforeseen or disaster-related circumstances.
Action authorized by subsection (a) includes vessel removal and emergency restabilization of the vessel and any impacted coral reef.
Partnering with other Federal agencies
When possible, action by the Administrator under this section should—
be conducted in partnership with other Federal agencies, including the United States Coast Guard, the Federal Emergency Management Agency, the U.S. Army Corps of Engineers, and the Department of the Interior; and
leverage resources of other agencies.
Section 207(b) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6406) is amended—
and after the semicolon in paragraph (3);
partners. in paragraph (4) and inserting
by adding at the end the following:
activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those activities identified in section 210(b).
Report to congress
Section 208 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6407) is amended to read as follows:
Report to Congress
Not later than March 1, 2009, and every 3 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including—
a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each of the 3 fiscal years next preceding the fiscal year in which the report is submitted;
a description of Federal interagency and cooperative efforts with States and United States territories to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs, including projects undertaken with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, and the United States Army Corps of Engineers;
a summary of the information contained in the vessel grounding inventory established under section 210, including additional authorization or funding, needed for response and removal of such vessels;
a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; and
an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs.
The table of contents for the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking the item relating to section 208 and inserting the following:
Sec. 208. Report to Congress.
Fund; grants; grounding inventory; coordination
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended—
by striking “organization solely” and all that follows in section 205(a) (16 U.S.C. 6404(a)) and inserting “organization—
to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; and
to address emergency response actions under section 206.
by adding at the
end of section 205(b) 16 U.S.C. 6404(b))
The organization is encouraged
to solicit funding and in-kind services from the private sector, including
nongovernmental organizations, for emergency response actions under section 206
and for activities to prevent damage to coral reefs, including activities
described in section 210(b)(2).;
the grant program in section 205(c) (16 U.S.C. 6404(c)) and
any grant program or emergency response action;
by redesignating sections 209 and 210 as sections 213 and 214, respectively; and
by inserting after section 208 the following:
Community-Based planning grants
The Administrator may make grants to entities who have received grants under section 204(c) to provide additional funds to such entities to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall—
support attainment of 1 or more of the criteria described in section 204(g);
be developed at the community level;
utilize watershed-based approaches;
provide for coordination with Federal and State experts and managers; and
build upon local approaches or models, including traditional or island-based resource management concepts.
Terms and conditions
The provisions of subsections (b), (d), (f), and (h)
of section 204 apply to grants under subsection (a), except that, for the
purpose of applying section 204(b)(1) to grants under this section,
percent shall be substituted for
Vessel grounding inventory
The Administrator may maintain an inventory of all vessel grounding incidents involving coral reef resources, including a description of—
the impacts to such resources;
vessel and ownership information, if available;
the estimated cost of removal, mitigation, or restoration;
the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives;
the status of the response action, including the dates of vessel removal and mitigation or restoration and any actions taken to prevent future grounding incidents; and
recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.
Identification of At-Risk reefs
The Administrator may—
use information from any inventory maintained under subsection (a) or any other available information source to identify coral reef areas outside designated National Marine Sanctuaries that have a high incidence of vessel impacts, including groundings and anchor damage; and
identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts.
The Administrator shall work in coordination and collaboration with other Federal agencies, States, and United States territorial governments to implement the national coral reef action strategy developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting.
Multiyear cooperative agreements
The Administrator may enter into multiyear cooperative agreements with other Federal agencies, States and local governments, academic institutions, and nongovernmental organizations to carry out the activities of the national coral reef action strategy.
United States Coral Reef Task Force
There is hereby established the United States Coral Reef Task Force.
The goal of the Task Force shall be to lead, coordinate, and strengthen Federal Government actions to better preserve and protect coral reef ecosystems.
The duties of the Task Force shall be—
to coordinate, in cooperation with State, territory, commonwealth, and local government partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration of coral reefs and coral reef ecosystems;
work with the Secretary of State and the Administrator of the Agency for International Development, and in coordination with the other members of the Task Force, to—
assess the United States role in international trade and protection of coral reef species; and
implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide.
The Task Force shall be comprised of—
the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force;
the Administrator of the Agency of International Development;
the Secretary of Agriculture;
the Secretary of Defense;
the Secretary of the Army, acting through the Corps of Engineers;
the Secretary of Homeland Security;
the Attorney General;
the Secretary of State;
the Secretary of Transportation;
the Administrator of the Environmental Protection Agency;
the Administrator of the National Aeronautics and Space Administration;
the Director of the National Science Foundation;
the Governor, or a representative of the Governor, of the Commonwealth of the Northern Mariana Islands;
the Governor, or a representative of the Governor, of the Commonwealth of Puerto Rico;
the Governor, or a representative of the Governor, of the State of Florida;
the Governor, or a representative of the Governor, of the State of Hawaii;
the Governor, or a representative of the Governor, of the Territory of Guam;
the Governor, or a representative of the Governor, of the Territory of American Samoa; and
the Governor, or a representative of the Governor, of the Virgin Islands.
The President, or a representative of the President, of each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a nonvoting member of the Task Force.
The co-chairs of the Task Force may establish working groups as necessary to meet the goals and duties of this Act. The Task Force may request the co-chairs to establish such a working group.
Participation by nongovernmental organizations
The co-chairs may allow a nongovernmental organization to participate in such a working group.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.
The table of contents for the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended—
by redesignating the items relating to sections 209 through 211 as relating to sections 213 through 215; and
by inserting the following after the item relating to section 207:
Sec. 209. Community-based planning grants.
Sec. 210. Vessel grounding inventory.
Sec. 211. Regional coordination.
Sec. 212. United States Coral Reef Task Force.
Funding for marine science facility, coral reef research, and coastal ecology and development
American Samoa Community College
There is authorized to be appropriated $1,000,000 to the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to provide funds to the University of Hawaii Sea Grant College program to administer a marine science facility for coral reef research and protection, and coastal ecology and development, at the American Samoa Community College.
University of Guam
There is authorized to be appropriated $1,000,000 to the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to provide funds to the University of Guam for coral reef research and protection.
Authorization of appropriations
Section 213 of the Coral Reef Conservation Act of 2000 (formerly 16 U.S.C. 6408), as redesignated by section 4, is amended—
by amending subsection (a) to read as follows:
There are authorized to be appropriated to the Secretary of Commerce to carry out this title $30,000,000 for fiscal year 2008, $32,000,000 for fiscal year 2009, $34,000,000 for fiscal year 2010 and $35,000,000 for fiscal years 2011 and 2012.
Of the amount authorized by this subsection for each of fiscal years 2008 through 2012—
no less than 30 percent shall be used for the grant program under section 204;
up to 10 percent shall be used for the Fund established under section 205;
$500,000 may be used by the Secretary of the Interior to support operations of the United States Coral Reef Task Force; and
$250,000 may be used by the Secretary of Commerce to support such operations.
in subsection (b)
$1,000,000 and inserting
by striking subsection (c) and inserting the following:
Community-Based Planning Grants
There is authorized to be appropriated—
to the Administrator to carry out section 209, $8,000,000 for fiscal years 2008 through 2012, to remain available until expended; and
to the Secretary of the Interior, acting through the Office of Insular Affairs, for the grant program under section 209, $4,000,000 for each of fiscal years 2008 through 2012.
by striking subsection (d).