| Home > 106th Congressional Bills > H.R. 391 (eh) To amend chapter 35 of title 44, United States Code, for the purpose of [Engrossed in House] ...
H.R. 391 (eh) To amend chapter 35 of title 44, United States Code, for the purpose of [Engrossed in House] ...
Union Calendar No. 437 106th CONGRESS 2d Session H. R. 3919 [Report No. 106-762] To provide assistance for the conservation of coral reefs, to coordinate Federal coral reef conservation activities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 14, 2000 Mr. Saxton (for himself, Mr. Faleomavaega, Mr. Abercrombie, Mr. Bilbray, Mrs. Christensen, Mr. Deutsch, Mr. Gilchrest, Mr. Goss, Mr. Greenwood, Mr. Romero-Barcelo, Ms. Ros-Lehtinen, Mr. Shaw, and Mr. Underwood) introduced the following bill; which was referred to the Committee on Resources July 19, 2000 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 14, 2000] _______________________________________________________________________ A BILL To provide assistance for the conservation of coral reefs, to coordinate Federal coral reef conservation activities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Conservation and Restoration Partnership Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To maintain and restore the health of coral reef ecosystems. (2) To promote the wise management and long-term sustainable use of coral reef ecosystems to benefit local communities and the Nation. (3) To promote cooperative coral reef 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. (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. (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 implement 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
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