Coral Reef Conservation Amendments Act of 2005 Bill Introduced. On July 15th, 2005, Senators Daniel K. Inouye (D-HI) and John E. Sununu (R-NH) introduced S. 1390, the Coral Reef Conservation Amendments Act of 2005. This bill reauthorizes the Coral Reef Conservation Act of 2000 through FY 2012. The Senate Commerce, Science and Transportation Committee made minor amendments to S. 1390 and passed it to the full Senate on July 21.
S. 1390 what's its status?
- Thread starter dizzy
- Start date
vitz":9ggp6pz7 said:
Which part is ineffective?
109TH CONGRESS
1ST SESSION S. 1390
To reauthorize the Coral Reef Conservation Act of 2000, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
JULY 13, 2005
Mr. INOUYE (for himself and Mr. SUNUNU) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To reauthorize the Coral Reef Conservation Act of 2000,
and for other purposes.
Be it enacted by the Senate and House of Representa- 1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Coral Reef Conserva- 4
tion Amendments Act of 2005’’. 5
SEC. 2. EXPANSION OF CORAL REEF CONSERVATION PRO- 6
GRAM. 7
(a) PROJECT DIVERSITY.—Section 204(d) of the 8
Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(d)) 9
is amended— 10
2
•S 1390 IS
(1) by striking ‘‘GEOGRAPHIC AND BIOLOGI- 1
CAL’’ in the heading and inserting ‘‘PROJECT’’; 2
(2) by striking ‘‘40 percent’’ in paragraph (2) 3
and inserting ‘‘30 percent’’; and 4
(3) by striking paragraph (3) and inserting the 5
following: 6
‘‘(3) Remaining funds shall be awarded for— 7
‘‘(A) projects (with priority given to com- 8
munity-based local action strategies) that ad- 9
dress emerging priorities or threats, including 10
international and territorial priorities, or 11
threats identified by the Administrator in con- 12
sultation with the Coral Reef Task Force; and 13
‘‘(B) other appropriate projects, as deter- 14
mined by the Administrator, including moni- 15
toring and assessment, research, pollution re- 16
duction, education, and technical support.’’. 17
(b) APPROVAL CRITERIA.—Section 204(g) of that 18
Act (16 U.S.C. 6403(g)) is amended— 19
(1) by striking ‘‘or’’ after the semicolon in 20
paragraph (9); 21
(2) by redesignating paragraph (10) as para- 22
graph (12); and 23
(3) by inserting after paragraph (9) the fol- 24
lowing: 25
3
•S 1390 IS
‘‘(10) activities designed to minimize the likeli- 1
hood of vessel impacts on coral reefs, particularly 2
those activities described in section 210(b), including 3
the promotion of ecologically sound navigation and 4
anchorages near coral reefs; 5
‘‘(11) promoting and assisting entities to work 6
with local communities, and all appropriate govern- 7
mental and nongovernmental organizations, to sup- 8
port community-based planning and management 9
initiatives for the protection of coral reef systems; 10
or’’. 11
SEC. 3. EMERGENCY RESPONSE. 12
Section 206 of the Coral Reef Conservation Act of 13
2000 (16 U.S.C. 6404) is amended to read as follows: 14
‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 15
‘‘(a) IN GENERAL.—The Administrator may under- 16
take or authorize action necessary to prevent or minimize 17
the destruction or loss of, or injury to, coral reefs or coral 18
reef ecosystems from vessel impacts or other physical dam- 19
age to coral reefs, including damage from unforeseen or 20
disaster-related circumstances. 21
‘‘(b) ACTIONS AUTHORIZED.—Action authorized by 22
subsection (a) includes vessel removal and emergency re- 23
stabilization of the vessel and any impacted coral reef. 24
4
•S 1390 IS
‘‘(c) PARTNERING WITH OTHER FEDERAL AGEN- 1
CIES.—When possible, action by the Administrator under 2
this section should— 3
‘‘(1) be conducted in partnership with other 4
Federal agencies, including the United States Coast 5
Guard, the Federal Emergency Management Agen- 6
cy, the U.S. Army Corps of Engineers, and the De- 7
partment of the Interior; and 8
‘‘(2) leverage resources of such other agencies, 9
including funding or assistance authorized under 10
other Federal laws, such as the Oil Pollution Act of 11
1990, the Comprehensive Environmental Response, 12
Compensation, and Liability Act, and the Federal 13
Water Pollution Control Act.’’. 14
SEC. 4. NATIONAL PROGRAM. 15
Section 207(b) of the Coral Reef Conservation Act 16
of 2000 (16 U.S.C. 6406) is amended— 17
(1) by striking ‘‘and’’ after the semicolon in 18
paragraph (3); 19
(2) by striking ‘‘partners.’’ in paragraph (4) 20
and inserting ‘‘partners; and’’; and 21
(3) by adding at the end the following: 22
‘‘(5) activities designed to minimize the likeli- 23
hood of vessel impacts or other physical damage to 24
5
•S 1390 IS
coral reefs, including those activities described iden- 1
tified in section 210(b).’’. 2
SEC. 5. REPORT TO CONGRESS. 3
(a) IN GENERAL.—Section 208 of the Coral Reef 4
Conservation Act of 2000 (16 U.S.C. 6407) is amended 5
to read as follows: 6
‘‘SEC. 208. REPORT TO CONGRESS. 7
‘‘Not later than March 1, 2007, and every 3 years 8
thereafter, the Administrator shall submit to the Com- 9
mittee on Commerce, Science, and Transportation of the 10
Senate and the Committee on Resources of the House of 11
Representatives a report describing all activities under- 12
taken to implement the strategy, including— 13
‘‘(1) a description of the funds obligated by 14
each participating Federal agency to advance coral 15
reef conservation during each of the 3 fiscal years 16
next preceding the fiscal year in which the report is 17
submitted; 18
‘‘(2) a description of Federal interagency and 19
cooperative efforts with States and United States 20
territories to prevent or address overharvesting, 21
coastal runoff, or other anthropogenic impacts on 22
coral reefs, including projects undertaken with the 23
Department of Interior, Department of Agriculture, 24
6
•S 1390 IS
the Environmental Protection Agency, and the 1
United States Army Corps of Engineers; 2
‘‘(3) a summary of the information contained in 3
the vessel grounding inventory established under sec- 4
tion 210, including additional authorization or fund- 5
ing, needed for response and removal of such ves- 6
sels;’’ 7
‘‘(4) a description of Federal disaster response 8
actions taken pursuant to the National Response 9
Plan to address damage to coral reefs and coral reef 10
ecosystems; and 11
‘‘(5) an assessment of the condition of United 12
States coral reefs, accomplishments under this Act, 13
and the effectiveness of management actions to ad- 14
dress threats to coral reefs.’’. 15
(b) CLERICAL AMENDMENT.—The table of contents 16
for the Coral Reef Conservation Act of 2000 (16 U.S.C. 17
6401 et seq.) is amended by striking the item relating to 18
section 208 and inserting the following: 19
‘‘208. Report to Congress.’’.
SEC. 6. FUND; GRANTS; GROUNDING INVENTORY; COORDI- 20
NATION. 21
(a) IN GENERAL.—The Coral Reef Conservation Act 22
of 2000 (16 U.S.C. 6401 et seq.) is amended— 23
7
•S 1390 IS
(1) by striking ‘‘organization solely’’ and all 1
that follows in section 205(a) (16 U.S.C. 6404(a)) 2
and inserting ‘‘organization— 3
‘‘(1) to support partnerships between the public 4
and private sectors that further the purposes of this 5
Act and are consistent with the national coral reef 6
strategy under section 203; and 7
‘‘(2) to address emergency response actions 8
under section 206.’’; 9
(2) by adding at the end of section 205(b) 16 10
U.S.C. 6404(b)) ‘‘The organization is encouraged to 11
solicit funding and in-kind services from the private 12
sector, including nongovernmental organizations, for 13
emergency response actions under section 206 and 14
for activities to prevent damage to coral reefs, in- 15
cluding activities described in section 210(b)(2).’’; 16
(3) by striking ‘‘the grant program’’ in section 17
205(c) (16 U.S.C. 6404(c)) and inserting ‘‘any 18
grant program or emergency response action’’; 19
(4) by redesignating sections 209 and 210 as 20
sections 212 and 213, respectively; and 21
(5) by inserting after section 208 the following: 22
‘‘SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 23
‘‘(a) IN GENERAL.—The Administrator may make 24
grants to entities who have received grants under section 25
8
•S 1390 IS
204(c) to provide additional funds to such entities to work 1
with local communities and through appropriate Federal 2
and State entities to prepare and implement plans for the 3
increased protection of coral reef areas identified by the 4
community and the best scientific information available as 5
high priorities for focused attention. The plans shall— 6
‘‘(1) support attainment of 1 or more of the cri- 7
teria described in section 204(g); 8
‘‘(2) be developed at the community level; 9
‘‘(3) utilize watershed-based approaches; 10
‘‘(4) provide for coordination with Federal and 11
State experts and managers; and 12
‘‘(5) build upon local approaches or models, in- 13
cluding traditional or island-based resource manage- 14
ment concepts. 15
‘‘(b) TERMS AND CONDITIONS.—The provisions of 16
subsections (b), (d), (f), and (h) of section 204 apply to 17
grants under subsection (a), except that, for the purpose 18
of applying section 204(b)(1) to grants under this section, 19
‘25 percent’ shall be substituted for ‘50 percent’. 20
‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 21
‘‘(a) IN GENERAL.—The Administrator may main- 22
tain an inventory of all vessel grounding incidents involv- 23
ing coral reef resources, including a description of— 24
‘‘(1) the impacts to such resources; 25
9
•S 1390 IS
‘‘(2) vessel and ownership information, if avail- 1
able; 2
‘‘(3) the estimated cost of removal, mitigation, 3
or restoration; 4
‘‘(4) the response action taken by the owner, 5
the Administrator, the Commandant of the Coast 6
Guard, or other Federal or State agency representa- 7
tives; 8
‘‘(5) the status of the response action, including 9
the dates of vessel removal and mitigation or res- 10
toration and any actions taken to prevent future 11
grounding incidents; and 12
‘‘(6) recommendations for additional naviga- 13
tional aids or other mechanisms for preventing fu- 14
ture grounding incidents. 15
‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad- 16
ministrator may— 17
‘‘(1) use information from any inventory main- 18
tained under subsection (a) or any other available 19
information source to identify coral reef areas out- 20
side designated National Marine Sanctuaries that 21
have a high incidence of vessel impacts, including 22
groundings and anchor damage; and 23
10
•S 1390 IS
‘‘(2) identify appropriate measures, including 1
action by other agencies, to reduce the likelihood of 2
such impacts. 3
‘‘SEC. 211. REGIONAL COORDINATION. 4
‘‘The Administrator shall work in coordination and 5
collaboration with other Federal agencies, States, and 6
United States territorial governments to implement the 7
strategies developed under section 203, including regional 8
and local strategies, to address multiple threats to coral 9
reefs and coral reef ecosystems such as coastal runoff, ves- 10
sel impacts, and overharvesting.’’. 11
(b) CLERICAL AMENDMENT.—The table of contents 12
for the Coral Reef Conservation Act of 2000 (16 U.S.C. 13
6401 et seq.) is amended— 14
(1) by redesignating the items relating to sec- 15
tions 208 through 211 as relating to sections 211 16
through 214; and 17
(b) by inserting the following after the item re- 18
lating to section 207: 19
‘‘209. Community-based planning grants.
‘‘210. Vessel grounding inventory.
‘‘211. Regional coordination.’’.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 20
Section 212 of the Coral Reef Conservation Act of 21
2000 (formerly 16 U.S.C. 6408), as redesignated by sec- 22
tion 6, is amended— 23
11
•S 1390 IS
(1) by striking ‘‘$16,000,000 for each of fiscal 1
years 2001, 2002, 2003, and 2004,’’ in subsection 2
(a) and inserting ‘‘$30,000,000 for fiscal year 2006, 3
$32,000,000 for fiscal year 2007, $34,000,000 for 4
fiscal year 2008, and $35,000,000 for each of fiscal 5
years 2009 through 2012, of which no less than 30 6
percent per year (for each of fiscal years 2006 7
through 2012) shall be used for the grant program 8
under section 204 and up to 10 percent per year 9
shall be used for the Fund established under section 10
205,’’; 11
(2) by striking ‘‘$1,000,000’’ in subsection (b) 12
and inserting ‘‘$2,000,000’’; and 13
(3) by striking subsection (c) and inserting the 14
following: 15
‘‘(c) COMMUNITY-BASED PLANNING GRANTS.— 16
There is authorized to be appropriated to the Adminis- 17
trator to carry out section 209 the sum of $8,000,000 for 18
fiscal years 2007 through 2012, such sum to remain avail- 19
able until expended.’’; and 20
(4) by striking subsection (d). 21
Æ
This doesn't really sound so bad does it? BTW I didn't add the 8) characters to the text. They came through on their own.
MG
TITLE II—CORAL REEF CONSERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Coral Reef Conservation Act
of 2000’’.
SEC. 202. PURPOSES.
The purposes of this title are—
(1) to preserve, sustain, and restore the condition of coral
reef ecosystems;
(2) to promote the wise management and sustainable use
of coral reef ecosystems to benefit local communities and the
Nation;
(3) to develop sound scientific information on the condition
of coral reef ecosystems and the threats to such ecosystems;
(4) to assist in the preservation of coral reefs by supporting
conservation programs, including projects that involve affected
local communities and nongovernmental organizations;
(5) to provide financial resources for those programs and
projects; and
(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects.
SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and to the Committee on Resources of the House of Representatives
and publish in the Federal Register a national coral reef action
Deadline.
Federal Register,
publication.
16 USC 6402.
16 USC 6401.
16 USC 6401
note.
Coral Reef
Conservation Act
of 2000.
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114 STAT. 2801 PUBLIC LAW 106–562—DEC. 23, 2000
strategy, consistent with the purposes of this title. The Administrator
shall periodically review and revise the strategy as necessary.
In developing this national strategy, the Secretary may consult
with the Coral Reef Task Force established under Executive Order
13089 (June 11, 1998).
(b) GOALS AND OBJECTIVES.—The action strategy shall include
a statement of goals and objectives as well as an implementation
plan, including a description of the funds obligated each fiscal
year to advance coral reef conservation. The action strategy and
implementation plan shall include discussion of—
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;
(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States or Federal agencies,
including regional fishery management councils; and
(8) conservation, including how the use of marine protected
areas to serve as replenishment zones will be developed consistent
with local practices and traditions.
SEC. 204. CORAL REEF CONSERVATION PROGRAM.
(a) GRANTS.—The Secretary, through the Administrator and
subject to the availability of funds, shall provide grants of financial
assistance for projects for the conservation of coral reefs (hereafter
in this title referred to as ‘‘coral conservation projects’’), for proposals
approved by the Administrator in accordance with this section.
(b) MATCHING REQUIREMENTS.—
(1) FIFTY PERCENT.—Except as provided in paragraph (2),
Federal funds for any coral conservation project under this
section may not exceed 50 percent of the total cost of such
project. For purposes of this paragraph, the non-Federal share
of project costs may be provided by in-kind contributions and
other noncash support.
(2) WAIVER.—The Administrator may waive all or part
of the matching requirement under paragraph (1) if the
Administrator determines that no reasonable means are available
through which applicants can meet the matching requirement
and the probable benefit of such project outweighs the
public interest in such matching requirement.
(c) ELIGIBILITY.—Any natural resource management authority
of a State or other government authority with jurisdiction over
coral reefs or whose activities directly or indirectly affect coral
reefs, or coral reef ecosystems, or educational or nongovernmental
institutions with demonstrated expertise in the conservation of
coral reefs, may submit to the Administrator a coral conservation
proposal under subsection (e).
(d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The Administrator
shall ensure that funding for grants awarded under subsection
(b) during a fiscal year are distributed in the following
manner:
(1) No less than 40 percent of funds available shall be
awarded for coral conservation projects in the Pacific Ocean
within the maritime areas and zones subject to the jurisdiction
or control of the United States.
16 USC 6403.
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114 STAT. 2802 PUBLIC LAW 106–562—DEC. 23, 2000
(2) No less than 40 percent of the funds available shall
be awarded for coral conservation projects in the Atlantic
Ocean, the Gulf of Mexico, and the Caribbean Sea within the
maritime areas and zones subject to the jurisdiction or control
of the United States.
(3) Remaining funds shall be awarded for projects that
address emerging priorities or threats, including international
priorities or threats, identified by the Administrator. When
identifying emerging threats or priorities, the Administrator
may consult with the Coral Reef Task Force.
(e) PROJECT PROPOSALS.—Each proposal for a grant under this
section shall include the following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A description of the qualifications of the individuals
who will conduct the project.
(3) A succinct statement of the purposes of the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support for the project by appropriate representatives
of States or other government jurisdictions in
which the project will be conducted.
(6) Information regarding the source and amount of
matching funding available to the applicant.
(7) A description of how the project meets one or more
of the criteria in subsection (g).
(8) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project for
funding under this title.
(f ) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—The Administrator shall review each coral
conservation project proposal to determine if it meets the criteria
set forth in subsection (g).
(2) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than
6 months after receiving a project proposal under this section,
the Administrator shall—
(A) request and consider written comments on the proposal
from each Federal agency, State government, or other
government jurisdiction, including the relevant regional
fishery management councils established under the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), or any National Marine Sanctuary,
with jurisdiction or management authority over coral reef
ecosystems in the area where the project is to be conducted,
including the extent to which the project is consistent with
locally-established priorities;
(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
(C) after considering any written comments and recommendations
based on the reviews under subparagraphs
(A) and (B), approve or disapprove the proposal; and
(D) provide written notification of that approval or
disapproval to the person who submitted the proposal, and
each of those States and other government jurisdictions
that provided comments under subparagraph (A).
Deadline.
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114 STAT. 2803 PUBLIC LAW 106–562—DEC. 23, 2000
(g) CRITERIA FOR APPROVAL.—The Administrator may not
approve a project proposal under this section unless the project
is consistent with the coral reef action strategy under section 203
and will enhance the conservation of coral reefs by—
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term
conservation of coral reefs;
(2) addressing the conflicts arising from the use of environments
near coral reefs or from the use of corals, species associated
with coral reefs, and coral products;
(3) enhancing compliance with laws that prohibit or regulate
the taking of coral products or species associated with
coral reefs or regulate the use and management of coral reef
ecosystems;
(4) developing sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems,
including factors that cause coral disease;
(5) promoting and assisting to implement cooperative coral
reef conservation projects that involve affected local communities,
nongovernmental organizations, or others in the private
sector;
(6) increasing public knowledge and awareness of coral
reef ecosystems and issues regarding their long term conservation;
(7) mapping the location and distribution of coral reefs;
(8) developing and implementing techniques to monitor
and assess the status and condition of coral reefs;
(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems; or
(10) promoting ecologically sound navigation and anchorages
near coral reefs.
(h) PROJECT REPORTING.—Each grantee under this section shall
provide periodic reports as required by the Administrator. Each
report shall include all information required by the Administrator
for evaluating the progress and success of the project.
(i) CORAL REEF TASK FORCE.—The Administrator may consult
with the Coral Reef Task Force to obtain guidance in establishing
coral conservation project priorities under this section.
( j) IMPLEMENTATION GUIDELINES.—Within 180 days after the
date of the enactment of this Act, the Administrator shall promulgate
necessary guidelines for implementing this section. In developing
those guidelines, the Administrator shall consult with State,
regional, and local entities involved in setting priorities for conservation
of coral reefs and provide for appropriate public notice
and opportunity for comment.
SEC. 205. CORAL REEF CONSERVATION FUND.
(a) FUND.—The Administrator may enter into an agreement
with a nonprofit organization that promotes coral reef conservation
authorizing such organization to receive, hold, and administer funds
received pursuant to this section. The organization shall invest,
reinvest, and otherwise administer the funds and maintain such
funds and any interest or revenues earned in a separate interest
bearing account, hereafter referred to as the Fund, established
by such organization solely to support partnerships between the
public and private sectors that further the purposes of this Act
16 USC 6404.
Deadline.
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114 STAT. 2804 PUBLIC LAW 106–562—DEC. 23, 2000
and are consistent with the national coral reef action strategy
under section 203.
(b) AUTHORIZATION TO SOLICIT DONATIONS.—Pursuant to an
agreement entered into under subsection (a) of this section, an
organization may accept, receive, solicit, hold, administer, and use
any gift to further the purposes of this title. Any moneys received
as a gift shall be deposited and maintained in the Fund established
by the organization under subsection (a).
(c) REVIEW OF PERFORMANCE.—The Administrator shall conduct
a continuing review of the grant program administered by an
organization under this section. Each review shall include a written
assessment concerning the extent to which that organization has
implemented the goals and requirements of this section and the
national coral reef action strategy under section 203.
(d) ADMINISTRATION.—Under an agreement entered into pursuant
to subsection (a), the Administrator may transfer funds appropriated
to carry out this title to an organization. Amounts received
by an organization under this subsection may be used for matching,
in whole or in part, contributions (whether in money, services,
or property) made to the organization by private persons and State
and local government agencies.
SEC. 206. EMERGENCY ASSISTANCE.
The Administrator may make grants to any State, local, or
territorial government agency with jurisdiction over coral reefs for
emergencies to address unforeseen or disaster-related circumstance
pertaining to coral reefs or coral reef ecosystems.
SEC. 207. NATIONAL PROGRAM.
(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 title, the
National Marine Sanctuaries Act, the Coastal Zone Management
Act of 1972, the Magnuson-Stevens Fishery Conservation and
Management Act, the Endangered Species Act of 1973, and the
Marine Mammal Protection Act of 1972.
(b) AUTHORIZED ACTIVITIES.—Activities authorized under subsection
(a) include—
(1) mapping, monitoring, assessment, restoration, and scientific
research that benefit 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;
(3) providing assistance to States in removing abandoned
fishing gear, marine debris, and abandoned vessels from coral
reefs to conserve living marine resources; and
(4) cooperative conservation and management of coral reefs
and coral reef ecosystems with local, regional, or international
programs and partners.
SEC. 208. EFFECTIVENESS REPORTS.
(a) GRANT PROGRAM.—Not later than 3 years after the date
of the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of Representatives
a report that documents the effectiveness of the grant program
under section 204 in meeting the purposes of this title. The report
Deadline.
16 USC 6407.
16 USC 6406.
16 USC 6405.
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114 STAT. 2805 PUBLIC LAW 106–562—DEC. 23, 2000
shall include a State-by-State summary of Federal and non-Federal
contributions toward the costs of each project.
(b) NATIONAL PROGRAM.—Not later than 2 years after the date
on which the Administrator publishes the national coral reef
strategy under section 203 and every 2 years thereafter, the
Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Resources
of the House of Representatives a report describing all activities
undertaken to implement that strategy, under section 203, including
a description of the funds obligated each fiscal year to advance
coral reef conservation.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary to carry out this title $16,000,000 for each of fiscal
years 2001, 2002, 2003, and 2004, which may remain available
until expended.
(b) 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.
(c) CORAL REEF CONSERVATION PROGRAM.—From the amounts
appropriated under subsection (a), there shall be made available
to the Secretary $8,000,000 for each of fiscal years 2001, 2002,
2003, and 2004 for coral reef conservation activities under section
204.
(d) NATIONAL CORAL REEF ACTIVITIES.—From the amounts
appropriated under subsection (a), there shall be made available
to the Secretary $8,000,000 for each of fiscal years 2001, 2002,
2003, and 2004 for activities under section 207.
SEC. 210. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) CONSERVATION.—The term ‘‘conservation’’ means the
use of methods and procedures necessary to preserve or sustain
corals and associated species as diverse, viable, and self-perpetuating
coral reef ecosystems, including all activities associated
with resource management, such as assessment, conservation,
protection, restoration, sustainable use, and management of
habitat; mapping; habitat monitoring; assistance in the development
of management strategies for marine protected areas
and marine resources consistent with the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.); law enforcement; conflict resolution initiatives;
community outreach and education; and that promote safe and
ecologically sound navigation.
(3) CORAL.—The term ‘‘coral’’ means species of the phylum
Cnidaria, including—
(A) all species of the orders Antipatharia (black corals),
Scleractinia (stony corals), Gorgonacea (horny corals),
Stolonifera (organpipe corals and others), Alcyanacea (soft
16 USC 6409.
16 USC 6408.
Deadline.
Reports.
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114 STAT. 2806 PUBLIC LAW 106–562—DEC. 23, 2000
corals), and Coenothecalia (blue coral), of the class
Anthozoa; and
(B) all species of the order Hydrocorallina (fire corals
and hydrocorals) of the class Hydrozoa.
(4) CORAL REEF.—The term ‘‘coral reef ’’ means any reefs
or shoals composed primarily of corals.
(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef ecosystem’’
means coral and other species of reef organisms
(including reef plants) associated with coral reefs, and the
nonliving environmental factors that directly affect coral reefs,
that together function as an ecological unit in nature.
(6) CORAL PRODUCTS.—The term ‘‘coral products’’ means
any living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any species
referred to in paragraph (3).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(8) STATE.—The term ‘‘State’’ means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, and
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 seaward boundaries.
TITLE III—MISCELLANEOUS
SEC. 301. GREAT LAKES FISHERY ACT OF 1956.
Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.
932(a)) is amended by adding at the end the following:
‘‘(3) Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 302. TUNA CONVENTIONS ACT OF 1950.
Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C.
952) is amended by inserting before ‘‘Of such Commissioners—
’’ the following: ‘‘Individuals serving as such Commissioners shall
not be considered to be Federal employees while performing such
service, except for purposes of injury compensation or tort claims
liability as provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.’’.
SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.
Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971a(a)(1)) is amended by inserting before ‘‘The Commissioners’’
the following: ‘‘Individuals serving as such Commissioners
shall not be considered to be Federal employees while performing
such service, except for purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code.’’.
SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) CLERICAL AMENDMENT.—Public Law 102–587 is amended
by striking title VIII (106 Stat. 5098 et seq.). 16 USC 5001 et
seq.
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114 STAT. 2807 PUBLIC LAW 106–562—DEC. 23, 2000
(b) TREATMENT COMMISSIONERS.—Section 804(a) of the North
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is
amended by inserting before ‘‘Of the Commissioners—’’ the following:
‘‘Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.
Section 103(4) of the High Seas Fishing Compliance Act of
1995 (16 U.S.C. 5502(4)) is amended by inserting ‘‘or subject to
the jurisdiction of the United States’’ after ‘‘United States’’.
SEC. 306. REIMBURSEMENT OF EXPENSES.
Notwithstanding section 3302(b) and (c) of title 31, United
States Code, all amounts received by the United States in settlement
of, or judgment for, damage claims arising from the October
9, 1992, allision of the vessel ZACHARY into the National Oceanic
and Atmospheric Administration research vessel DISCOVERER,
and from the disposal of marine assets, and all amounts received
by the United States from the disposal of marine assets of the
National Oceanic and Atmospheric Administration—
(1) shall be retained as an offsetting collection in the Operations,
Research and Facilities account of the National Oceanic
and Atmospheric Administration;
(2) shall be deposited into that account upon receipt by
the United States Government; and
(3) shall be available only for obligation for National Oceanic
and Atmospheric Administration hydrographic and fisheries
vessel operations.
SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE SANCTUARIES
ACT.
(a) CROSS REFERENCE CORRECTION.—Section 304(f )(2) of the
National Marine Sanctuaries Act (16 U.S.C. 1434(f )(2)) is amended
by striking ‘‘paragraph (2)’’ and inserting ‘‘subparagraphs (A) and
(B) of paragraph (1)’’.
(b) SHORT TITLE CORRECTION.—Section 317 of such Act (16
U.S.C. 1445 note) is amended by striking ‘‘ ‘The’’ and inserting
‘‘the ‘ ’’.
(c) EFFECTIVE DATE.—Subsection (a) shall take effect January
1, 2001.
TITLE IV—STUDY OF EASTERN GRAY
WHALE POPULATION
SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPULATION.
(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act and subject to the availability of appropriations,
the Secretary of Commerce shall initiate a study of the
environmental and biological factors responsible for the significant
increase in mortality events of the eastern gray whale population,
and the other potential impacts these factors may be having on
the eastern gray whale population.
Deadline.
16 USC 917a
note.
16 USC 1434
note.
16 USC 1431
note.
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114 STAT. 2808 PUBLIC LAW 106–562—DEC. 23, 2000
LEGISLATIVE HISTORY—H.R. 1653:
HOUSE REPORTS: No. 106–195 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 30, 31, considered and passed House.
Dec. 14, considered and passed Senate.
Æ
(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.—
The Secretary should ensure that, to the greatest extent practicable,
information from current and future studies of the western gray
whale population is considered in the study under this section,
so as to better understand the dynamics of each population and
to test different hypotheses that may lead to an increased understanding
of the mechanism driving their respective population
dynamics.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other
amounts authorized under this title, there are authorized to be
appropriated to the Secretary to carry out this section—
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.
TITLE V—MISCELLANEOUS
SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.
Notwithstanding paragraphs (1) through (3) of sections 208(a)
of the American Fisheries Act (title II of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277; 112 Stat. 2681–624)), the catcher vessel
HAZEL LORRAINE (United States Official Number 592211) and
the catcher vessel PROVIDIAN (United States Official Number
1062183) shall be considered to be vessels that are eligible to
harvest the directed fishing allowance under section 206(b)(1) of
that Act pursuant to a Federal fishing permit in the same manner
as, and subject to the same requirements and limitations on that
harvesting as apply to, catcher vessels that are eligible to harvest
that directed fishing allowance under section 208(a) of that Act.
Approved December 23, 2000.
MG
TITLE II—CORAL REEF CONSERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Coral Reef Conservation Act
of 2000’’.
SEC. 202. PURPOSES.
The purposes of this title are—
(1) to preserve, sustain, and restore the condition of coral
reef ecosystems;
(2) to promote the wise management and sustainable use
of coral reef ecosystems to benefit local communities and the
Nation;
(3) to develop sound scientific information on the condition
of coral reef ecosystems and the threats to such ecosystems;
(4) to assist in the preservation of coral reefs by supporting
conservation programs, including projects that involve affected
local communities and nongovernmental organizations;
(5) to provide financial resources for those programs and
projects; and
(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects.
SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and to the Committee on Resources of the House of Representatives
and publish in the Federal Register a national coral reef action
Deadline.
Federal Register,
publication.
16 USC 6402.
16 USC 6401.
16 USC 6401
note.
Coral Reef
Conservation Act
of 2000.
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114 STAT. 2801 PUBLIC LAW 106–562—DEC. 23, 2000
strategy, consistent with the purposes of this title. The Administrator
shall periodically review and revise the strategy as necessary.
In developing this national strategy, the Secretary may consult
with the Coral Reef Task Force established under Executive Order
13089 (June 11, 1998).
(b) GOALS AND OBJECTIVES.—The action strategy shall include
a statement of goals and objectives as well as an implementation
plan, including a description of the funds obligated each fiscal
year to advance coral reef conservation. The action strategy and
implementation plan shall include discussion of—
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;
(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States or Federal agencies,
including regional fishery management councils; and
(8) conservation, including how the use of marine protected
areas to serve as replenishment zones will be developed consistent
with local practices and traditions.
SEC. 204. CORAL REEF CONSERVATION PROGRAM.
(a) GRANTS.—The Secretary, through the Administrator and
subject to the availability of funds, shall provide grants of financial
assistance for projects for the conservation of coral reefs (hereafter
in this title referred to as ‘‘coral conservation projects’’), for proposals
approved by the Administrator in accordance with this section.
(b) MATCHING REQUIREMENTS.—
(1) FIFTY PERCENT.—Except as provided in paragraph (2),
Federal funds for any coral conservation project under this
section may not exceed 50 percent of the total cost of such
project. For purposes of this paragraph, the non-Federal share
of project costs may be provided by in-kind contributions and
other noncash support.
(2) WAIVER.—The Administrator may waive all or part
of the matching requirement under paragraph (1) if the
Administrator determines that no reasonable means are available
through which applicants can meet the matching requirement
and the probable benefit of such project outweighs the
public interest in such matching requirement.
(c) ELIGIBILITY.—Any natural resource management authority
of a State or other government authority with jurisdiction over
coral reefs or whose activities directly or indirectly affect coral
reefs, or coral reef ecosystems, or educational or nongovernmental
institutions with demonstrated expertise in the conservation of
coral reefs, may submit to the Administrator a coral conservation
proposal under subsection (e).
(d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The Administrator
shall ensure that funding for grants awarded under subsection
(b) during a fiscal year are distributed in the following
manner:
(1) No less than 40 percent of funds available shall be
awarded for coral conservation projects in the Pacific Ocean
within the maritime areas and zones subject to the jurisdiction
or control of the United States.
16 USC 6403.
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114 STAT. 2802 PUBLIC LAW 106–562—DEC. 23, 2000
(2) No less than 40 percent of the funds available shall
be awarded for coral conservation projects in the Atlantic
Ocean, the Gulf of Mexico, and the Caribbean Sea within the
maritime areas and zones subject to the jurisdiction or control
of the United States.
(3) Remaining funds shall be awarded for projects that
address emerging priorities or threats, including international
priorities or threats, identified by the Administrator. When
identifying emerging threats or priorities, the Administrator
may consult with the Coral Reef Task Force.
(e) PROJECT PROPOSALS.—Each proposal for a grant under this
section shall include the following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A description of the qualifications of the individuals
who will conduct the project.
(3) A succinct statement of the purposes of the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support for the project by appropriate representatives
of States or other government jurisdictions in
which the project will be conducted.
(6) Information regarding the source and amount of
matching funding available to the applicant.
(7) A description of how the project meets one or more
of the criteria in subsection (g).
(8) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project for
funding under this title.
(f ) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—The Administrator shall review each coral
conservation project proposal to determine if it meets the criteria
set forth in subsection (g).
(2) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than
6 months after receiving a project proposal under this section,
the Administrator shall—
(A) request and consider written comments on the proposal
from each Federal agency, State government, or other
government jurisdiction, including the relevant regional
fishery management councils established under the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), or any National Marine Sanctuary,
with jurisdiction or management authority over coral reef
ecosystems in the area where the project is to be conducted,
including the extent to which the project is consistent with
locally-established priorities;
(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
(C) after considering any written comments and recommendations
based on the reviews under subparagraphs
(A) and (B), approve or disapprove the proposal; and
(D) provide written notification of that approval or
disapproval to the person who submitted the proposal, and
each of those States and other government jurisdictions
that provided comments under subparagraph (A).
Deadline.
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114 STAT. 2803 PUBLIC LAW 106–562—DEC. 23, 2000
(g) CRITERIA FOR APPROVAL.—The Administrator may not
approve a project proposal under this section unless the project
is consistent with the coral reef action strategy under section 203
and will enhance the conservation of coral reefs by—
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term
conservation of coral reefs;
(2) addressing the conflicts arising from the use of environments
near coral reefs or from the use of corals, species associated
with coral reefs, and coral products;
(3) enhancing compliance with laws that prohibit or regulate
the taking of coral products or species associated with
coral reefs or regulate the use and management of coral reef
ecosystems;
(4) developing sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems,
including factors that cause coral disease;
(5) promoting and assisting to implement cooperative coral
reef conservation projects that involve affected local communities,
nongovernmental organizations, or others in the private
sector;
(6) increasing public knowledge and awareness of coral
reef ecosystems and issues regarding their long term conservation;
(7) mapping the location and distribution of coral reefs;
(8) developing and implementing techniques to monitor
and assess the status and condition of coral reefs;
(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems; or
(10) promoting ecologically sound navigation and anchorages
near coral reefs.
(h) PROJECT REPORTING.—Each grantee under this section shall
provide periodic reports as required by the Administrator. Each
report shall include all information required by the Administrator
for evaluating the progress and success of the project.
(i) CORAL REEF TASK FORCE.—The Administrator may consult
with the Coral Reef Task Force to obtain guidance in establishing
coral conservation project priorities under this section.
( j) IMPLEMENTATION GUIDELINES.—Within 180 days after the
date of the enactment of this Act, the Administrator shall promulgate
necessary guidelines for implementing this section. In developing
those guidelines, the Administrator shall consult with State,
regional, and local entities involved in setting priorities for conservation
of coral reefs and provide for appropriate public notice
and opportunity for comment.
SEC. 205. CORAL REEF CONSERVATION FUND.
(a) FUND.—The Administrator may enter into an agreement
with a nonprofit organization that promotes coral reef conservation
authorizing such organization to receive, hold, and administer funds
received pursuant to this section. The organization shall invest,
reinvest, and otherwise administer the funds and maintain such
funds and any interest or revenues earned in a separate interest
bearing account, hereafter referred to as the Fund, established
by such organization solely to support partnerships between the
public and private sectors that further the purposes of this Act
16 USC 6404.
Deadline.
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114 STAT. 2804 PUBLIC LAW 106–562—DEC. 23, 2000
and are consistent with the national coral reef action strategy
under section 203.
(b) AUTHORIZATION TO SOLICIT DONATIONS.—Pursuant to an
agreement entered into under subsection (a) of this section, an
organization may accept, receive, solicit, hold, administer, and use
any gift to further the purposes of this title. Any moneys received
as a gift shall be deposited and maintained in the Fund established
by the organization under subsection (a).
(c) REVIEW OF PERFORMANCE.—The Administrator shall conduct
a continuing review of the grant program administered by an
organization under this section. Each review shall include a written
assessment concerning the extent to which that organization has
implemented the goals and requirements of this section and the
national coral reef action strategy under section 203.
(d) ADMINISTRATION.—Under an agreement entered into pursuant
to subsection (a), the Administrator may transfer funds appropriated
to carry out this title to an organization. Amounts received
by an organization under this subsection may be used for matching,
in whole or in part, contributions (whether in money, services,
or property) made to the organization by private persons and State
and local government agencies.
SEC. 206. EMERGENCY ASSISTANCE.
The Administrator may make grants to any State, local, or
territorial government agency with jurisdiction over coral reefs for
emergencies to address unforeseen or disaster-related circumstance
pertaining to coral reefs or coral reef ecosystems.
SEC. 207. NATIONAL PROGRAM.
(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 title, the
National Marine Sanctuaries Act, the Coastal Zone Management
Act of 1972, the Magnuson-Stevens Fishery Conservation and
Management Act, the Endangered Species Act of 1973, and the
Marine Mammal Protection Act of 1972.
(b) AUTHORIZED ACTIVITIES.—Activities authorized under subsection
(a) include—
(1) mapping, monitoring, assessment, restoration, and scientific
research that benefit 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;
(3) providing assistance to States in removing abandoned
fishing gear, marine debris, and abandoned vessels from coral
reefs to conserve living marine resources; and
(4) cooperative conservation and management of coral reefs
and coral reef ecosystems with local, regional, or international
programs and partners.
SEC. 208. EFFECTIVENESS REPORTS.
(a) GRANT PROGRAM.—Not later than 3 years after the date
of the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of Representatives
a report that documents the effectiveness of the grant program
under section 204 in meeting the purposes of this title. The report
Deadline.
16 USC 6407.
16 USC 6406.
16 USC 6405.
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114 STAT. 2805 PUBLIC LAW 106–562—DEC. 23, 2000
shall include a State-by-State summary of Federal and non-Federal
contributions toward the costs of each project.
(b) NATIONAL PROGRAM.—Not later than 2 years after the date
on which the Administrator publishes the national coral reef
strategy under section 203 and every 2 years thereafter, the
Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Resources
of the House of Representatives a report describing all activities
undertaken to implement that strategy, under section 203, including
a description of the funds obligated each fiscal year to advance
coral reef conservation.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary to carry out this title $16,000,000 for each of fiscal
years 2001, 2002, 2003, and 2004, which may remain available
until expended.
(b) 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.
(c) CORAL REEF CONSERVATION PROGRAM.—From the amounts
appropriated under subsection (a), there shall be made available
to the Secretary $8,000,000 for each of fiscal years 2001, 2002,
2003, and 2004 for coral reef conservation activities under section
204.
(d) NATIONAL CORAL REEF ACTIVITIES.—From the amounts
appropriated under subsection (a), there shall be made available
to the Secretary $8,000,000 for each of fiscal years 2001, 2002,
2003, and 2004 for activities under section 207.
SEC. 210. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) CONSERVATION.—The term ‘‘conservation’’ means the
use of methods and procedures necessary to preserve or sustain
corals and associated species as diverse, viable, and self-perpetuating
coral reef ecosystems, including all activities associated
with resource management, such as assessment, conservation,
protection, restoration, sustainable use, and management of
habitat; mapping; habitat monitoring; assistance in the development
of management strategies for marine protected areas
and marine resources consistent with the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.); law enforcement; conflict resolution initiatives;
community outreach and education; and that promote safe and
ecologically sound navigation.
(3) CORAL.—The term ‘‘coral’’ means species of the phylum
Cnidaria, including—
(A) all species of the orders Antipatharia (black corals),
Scleractinia (stony corals), Gorgonacea (horny corals),
Stolonifera (organpipe corals and others), Alcyanacea (soft
16 USC 6409.
16 USC 6408.
Deadline.
Reports.
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114 STAT. 2806 PUBLIC LAW 106–562—DEC. 23, 2000
corals), and Coenothecalia (blue coral), of the class
Anthozoa; and
(B) all species of the order Hydrocorallina (fire corals
and hydrocorals) of the class Hydrozoa.
(4) CORAL REEF.—The term ‘‘coral reef ’’ means any reefs
or shoals composed primarily of corals.
(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef ecosystem’’
means coral and other species of reef organisms
(including reef plants) associated with coral reefs, and the
nonliving environmental factors that directly affect coral reefs,
that together function as an ecological unit in nature.
(6) CORAL PRODUCTS.—The term ‘‘coral products’’ means
any living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any species
referred to in paragraph (3).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(8) STATE.—The term ‘‘State’’ means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, and
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 seaward boundaries.
TITLE III—MISCELLANEOUS
SEC. 301. GREAT LAKES FISHERY ACT OF 1956.
Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.
932(a)) is amended by adding at the end the following:
‘‘(3) Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 302. TUNA CONVENTIONS ACT OF 1950.
Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C.
952) is amended by inserting before ‘‘Of such Commissioners—
’’ the following: ‘‘Individuals serving as such Commissioners shall
not be considered to be Federal employees while performing such
service, except for purposes of injury compensation or tort claims
liability as provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.’’.
SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.
Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971a(a)(1)) is amended by inserting before ‘‘The Commissioners’’
the following: ‘‘Individuals serving as such Commissioners
shall not be considered to be Federal employees while performing
such service, except for purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code.’’.
SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) CLERICAL AMENDMENT.—Public Law 102–587 is amended
by striking title VIII (106 Stat. 5098 et seq.). 16 USC 5001 et
seq.
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114 STAT. 2807 PUBLIC LAW 106–562—DEC. 23, 2000
(b) TREATMENT COMMISSIONERS.—Section 804(a) of the North
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is
amended by inserting before ‘‘Of the Commissioners—’’ the following:
‘‘Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.’’.
SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.
Section 103(4) of the High Seas Fishing Compliance Act of
1995 (16 U.S.C. 5502(4)) is amended by inserting ‘‘or subject to
the jurisdiction of the United States’’ after ‘‘United States’’.
SEC. 306. REIMBURSEMENT OF EXPENSES.
Notwithstanding section 3302(b) and (c) of title 31, United
States Code, all amounts received by the United States in settlement
of, or judgment for, damage claims arising from the October
9, 1992, allision of the vessel ZACHARY into the National Oceanic
and Atmospheric Administration research vessel DISCOVERER,
and from the disposal of marine assets, and all amounts received
by the United States from the disposal of marine assets of the
National Oceanic and Atmospheric Administration—
(1) shall be retained as an offsetting collection in the Operations,
Research and Facilities account of the National Oceanic
and Atmospheric Administration;
(2) shall be deposited into that account upon receipt by
the United States Government; and
(3) shall be available only for obligation for National Oceanic
and Atmospheric Administration hydrographic and fisheries
vessel operations.
SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE SANCTUARIES
ACT.
(a) CROSS REFERENCE CORRECTION.—Section 304(f )(2) of the
National Marine Sanctuaries Act (16 U.S.C. 1434(f )(2)) is amended
by striking ‘‘paragraph (2)’’ and inserting ‘‘subparagraphs (A) and
(B) of paragraph (1)’’.
(b) SHORT TITLE CORRECTION.—Section 317 of such Act (16
U.S.C. 1445 note) is amended by striking ‘‘ ‘The’’ and inserting
‘‘the ‘ ’’.
(c) EFFECTIVE DATE.—Subsection (a) shall take effect January
1, 2001.
TITLE IV—STUDY OF EASTERN GRAY
WHALE POPULATION
SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPULATION.
(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act and subject to the availability of appropriations,
the Secretary of Commerce shall initiate a study of the
environmental and biological factors responsible for the significant
increase in mortality events of the eastern gray whale population,
and the other potential impacts these factors may be having on
the eastern gray whale population.
Deadline.
16 USC 917a
note.
16 USC 1434
note.
16 USC 1431
note.
VerDate 11-MAY-2000 04:21 Jan 12, 2001 Jkt 089139 PO 00562 Frm 00015 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL562.106 APPS27 PsN: PUBL562
114 STAT. 2808 PUBLIC LAW 106–562—DEC. 23, 2000
LEGISLATIVE HISTORY—H.R. 1653:
HOUSE REPORTS: No. 106–195 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 30, 31, considered and passed House.
Dec. 14, considered and passed Senate.
Æ
(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.—
The Secretary should ensure that, to the greatest extent practicable,
information from current and future studies of the western gray
whale population is considered in the study under this section,
so as to better understand the dynamics of each population and
to test different hypotheses that may lead to an increased understanding
of the mechanism driving their respective population
dynamics.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other
amounts authorized under this title, there are authorized to be
appropriated to the Secretary to carry out this section—
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.
TITLE V—MISCELLANEOUS
SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.
Notwithstanding paragraphs (1) through (3) of sections 208(a)
of the American Fisheries Act (title II of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277; 112 Stat. 2681–624)), the catcher vessel
HAZEL LORRAINE (United States Official Number 592211) and
the catcher vessel PROVIDIAN (United States Official Number
1062183) shall be considered to be vessels that are eligible to
harvest the directed fishing allowance under section 206(b)(1) of
that Act pursuant to a Federal fishing permit in the same manner
as, and subject to the same requirements and limitations on that
harvesting as apply to, catcher vessels that are eligible to harvest
that directed fishing allowance under section 208(a) of that Act.
Approved December 23, 2000.
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