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49-006

109TH CONGRESS

REPORT

HOUSE OF REPRESENTATIVES

2d Session

109-665

--CORAL REEF CONSERVATION LEGACY ACT OF 2006

SEPTEMBER 19, 2006- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. POMBO, from the Committee on Resources, submitted the following

R E P O R T

[To accompany H.R. 5622]

[Including cost estimate of the Congressional Budget Office]

SECTION 1. SHORT TITLE.

SEC. 2. EXPANSION OF CORAL REEF CONSERVATION GRANTS PROGRAM.

SEC. 3. EMERGENCY RESPONSE ACTIONS.

`SEC. 206. EMERGENCY RESPONSE ACTIONS.

SEC. 4. REPORT TO CONGRESS.

`SEC. 208. REPORTS TO CONGRESS.

SEC. 5. FUND; GRANTS; COORDINATION; TASK FORCE.

`SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

`SEC. 210. REGIONAL COORDINATION.

`SEC. 211. UNITED STATES CORAL REEF TASK FORCE.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

SEC. 7. FUNDING FOR MARINE SCIENCE LABORATORY, CORAL REEF RESEARCH, AND COASTAL ECOLOGY AND DEVELOPMENT.

PURPOSE OF THE BILL

The purpose of H.R. 5622 is to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

In 1998, President Clinton signed Executive Order 13089, which directed that all federal agencies whose activities may affect U.S. coral reef ecosystems must identify those actions, use their programs and authorities to protect and enhance the condition of coral reef ecosystems, and ensure that any activities they authorize or fund not degrade the condition of coral reef ecosystems. The Executive Order also created the U.S. Coral Reef Task Force.

The Coral Reef Conservation Act of 2000 (Public Law 106-562, codified at 16 U.S.C. 6401 et seq.) includes a number of provisions for the conservation of coral reef resources including: a requirement that the Administrator of the National Oceanic and Atmospheric Administration (NOAA) create a national coral reef action strategy; authorization for the Administrator to enter into agreements with nonprofit organizations to solicit and accept gifts and contributions for a Coral Reef Conservation Fund for coral reef conservation; authority for NOAA to conduct activities to conserve coral reefs and coral reef ecosystems; and the creation of a grant program for projects to conserve coral reefs. The grant program requires a 50 percent matching requirement.

The Coral Reef Conservation Act requires that no less than 40 percent of the funds be awarded for projects in the Pacific Ocean, no less than 40 percent of the funds for projects in the Atlantic Ocean, Gulf of Mexico or the Caribbean Ocean, and the remainder used for projects that address emerging priorities or threats, including those in other countries. The Administrator also has the authority to provide emergency assistance to State, local, or territorial governmental agencies to address unforeseen or disaster-related events that affect coral reef ecosystems. The Coral Reef Conservation Act authorized an appropriation of $16 million for each of four years until September 30, 2004, and caps the amount of money available for the administration of the Act at either 10 percent of the appropriated funds or $1 million, whichever is less.

H.R. 5622, the Coral Reef Conservation Legacy Act of 2006, amends the Coral Reef Conservation Act of 2000 to expand the existing grant program; amend the existing emergency response authorities to authorize actions to prevent or minimize the destruction of coral reefs; require the Administrator to consult with the Task Force; clarify the Coral Reef Conservation Fund to require organizations to support partnerships between the public and private sectors; authorize community-based planning grants; require the Administrator to work in coordination and collaboration with other federal and State agencies, and territories; codify the existing membership, goals, and duties of the U.S. Coral Reef Task Force; and authorize appropriations for the Departments of Commerce and the Interior.

COMMITTEE ACTION

H.R. 5622 was introduced on June 15, 2006, by Committee on Resources Chairman Richard Pombo (R-CA). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Fisheries and Oceans. On June 21, 2006, the Full Resources Committee met to consider the bill. The Subcommittee on Fisheries and Oceans was discharged from further consideration of the bill by unanimous consent. Congressman Eni Faleomavaega (D-AS) offered an amendment to authorize appropriations of $1 million for University of Hawaii Sea Grant College Program to administer a marine science laboratory in America Samoa and $1 million for the University of Guam for coral reef research and protection. The amendment was adopted by unanimous consent. The bill, as amended, was then ordered favorably reported to the House of Representatives by unanimous consent.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This Act may be cited as the `Coral Reef Conservation Legacy Act of 2006.'

Section 2. Expansion of Coral Reef Conservation Grants Program

This section amends section 204 of the Coral Reef Conservation Act to allow the Administrator to award grants to address emerging priorities or threats (with priority to community-based local action strategy projects) or other projects, as determined by the Administrator, for monitoring and assessment, research, pollution reduction and technical support.

This section also adds two new criteria for the approval of grants. These new criteria for grants are for activities that are designed to minimize the likelihood of damage to coral reefs including the use of devices to minimize human impacts on coral reefs; and those that promote and assist entities to work with local communities and all appropriate governmental and non-governmental organizations to support community-based planning and management initiatives for the protection of coral reefs.

Section 3. Emergency response actions

This section amends the existing emergency response authorities under section 206 of the Coral Reef Conservation Act to allow the Secretary of the Interior and the Administrator to authorize actions as necessary to prevent or minimize the destruction of coral reefs from vessels or other physical damage, including damage from unforeseen or disaster-related circumstances. This authority can include vessel removal and emergency stabilization of a vessel that is impacting coral reefs. This authority, if possible, should be undertaken in partnership with other government agencies, State and territorial agencies so that other resources can be leveraged through other authorities.

Section 4. Report to Congress

This section requires the Administrator, in consultation with the Task Force, to submit two reports to Congress. The first, due no later than October 2007, and every three years thereafter, describes all activities undertaken to implement the coral reef strategy including: a description of the funds obligated by each federal agency to advance coral reef conservation; a description of cooperative efforts to prevent or address overharvesting, coastal runoff, and other anthropogenic impacts on coral reefs; a description of federal disaster response actions taken pursuant to the National Response Plan; and an assessment of accomplishments under the Coral Reef Conservation Act and the effectiveness of management actions to address threats to coral reefs. The second report is due October 2008, and every three years thereafter, to assess the condition of the United States coral reefs.

Section 5. Fund; grants; coordination; task force

This section makes changes to the Coral Reef Conservation Fund to clarify that the organization which the Administrator enters into an agreement with to promote coral reef conservation shall support partnerships between the public and private sectors to further the purposes of the Coral Reef Conservation Act, which are consistent with the national coral reef strategy and is able to address emergency response actions. This section allows the organization to solicit funds to address emergency response actions.

This section also authorizes community-based planning grants. This program allows the Administrator to make grants for projects which involve local communities for the increased protection of coral reef areas identified by the community using the best available scientific information available as high priorities for focused attention. These projects must: support at least one of the criteria for the Coral Reef Conservation Program; be developed at the community level; utilize watershed-based approaches; provide for coordination with federal and State experts and managers; build upon local approaches; and compliment local action strategies or other regional coral reef conservation plans.

This section raises the amount of federal match that can be offered from 50 percent of the project costs to 75 percent.

This section also requires the Administrator to work in coordination and collaboration with other federal agencies, States, and territorial governments to implement the strategies under the existing National Coral Reef Action Strategy. This new section also authorizes the Administrator to enter into multi-year cooperative agreements with other federal agencies, States and local governments, academic institutions, and non-governmental organizations to carry out activities of the National Coral Reef Action Strategy.

This section also codifies the existing membership, goals, and duties of the U.S. Coral Reef Task Force which was establish by Executive Order. In addition, this section allows the co- chairs of the Task Force to establish working groups as necessary to meet the goals and duties of the Coral Reef Conservation Act. The Task Force may request that the co-chairs create such working groups. The co-chairs, when establishing a working group, may allow the participation of non-governmental organizations.

Section 6. Authorization of appropriations

This section authorizes appropriations to carry out the Coral Reef Conservation Act for Fiscal Years 2008 through 2010. This section also increases the cap on administrative costs from $1 million to $2 million.

Section 7. Funding for marine science laboratory, coral reef research, and coastal ecology and development

This section authorizes appropriations for the University of Hawaii Sea Grant College Program to administer a marine science laboratory in America Samoa. It also authorizes funds for the University of Guam for coral reef research and protection.

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

H.R. 5622 codifies an advisory committee established by Executive Order. The functions of this advisory committee are not being performed by one or more agencies, another advisory committee already in existence or by enlarging the mandate of another existing advisory committee.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 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. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill is to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.

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:

H.R. 5622--Coral Reef Conservation Legacy Act of 2006

Summary: H.R. 5622 would authorize the appropriation of $152 million over the 2008-2010 period for the National Oceanic and Atmospheric Administration (NOAA), the Department of the Interior (DOI), and grants to two universities to implement coral reef conservation programs and research. Assuming appropriation of the authorized amounts, CBO estimates that carrying out these programs would cost $32 million in 2008 and $141 million over the 2008-2011 period. Enacting H.R. 5622 would not affect direct spending or revenues.

This bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA); the bill would benefit state, local, or tribal governments, and any costs would be incurred voluntarily.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5622 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). 



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                                             By fiscal year, in millions of dollars--                     


                                                                                 2007 2008 2009 2010 2011 


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CHANGES IN SPENDING SUBJECT TO APPROPRIATION                                                              


NOAA Coral Reef Conservation Program:                                                                     


Authorization Level                                                                 0   38   40   42    0 


Estimated Outlays                                                                   0   22   32   39   17 


DOI Coral Reef Conservation Program:                                                                      


Authorization Level                                                                 0   10   10   10    0 


Estimated Outlays                                                                   0    8    9   10    2 


Coral Reef Research:                                                                                      


Authorization Level                                                                 0    2    0    0    0 


Estimated Outlays                                                                   0    2    0    0    0 


Total Changes:                                                                                            


Authorization Level                                                                 0   50   50   52    0 


Estimated Outlays                                                                   0   32   41   49   19 


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Basis of estimate: For this estimate, CBO assumes that the authorized amounts will be appropriated for each year. Estimated outlays are based on historical spending patterns for conservation programs.

H.R. 5622 would specifically authorize the appropriation of $152 million over the 2008-2010 period for coral reef conservation activities and grants, including between $30 million and $34 million annually for NOAA's current programs and an additional $8 million annually for new community planning grants, and $10 million annually for DOI conservation programs. (By comparison, NOAA received an appropriation of $25 million in 2006 for the coral reef conservation program.) CBO assumes that the one-time authorization of $2 million for coral reef research at two universities would be appropriated in 2008. Assuming appropriation of the authorized amounts, CBO estimates that implementing the bill would cost $32 million in 2008 and $141 million over the 2008-2011 period.

Intergovernmental and private-sector impact: H.R. 5622 contains no intergovernmental or private-sector mandates as defined in UMRA. Enacting this bill would benefit state, local, and tribal governments receiving grant funding for conservation projects; any costs that they might incur would result from complying with conditions of federal assistance.

Previous CBO estimate: On August 5, 2005, CBO transmitted a cost estimate for S. 1390, the Coral Reef Conservation Amendments Act of 2005, as ordered reported by the Senate Committee on Commerce, Science, and Transportation on July 21, 2005. S. 1390 would authorize appropriations for NOAA's coral reef conservation program over the 2006-2012 period. In contrast, H.R. 5622 would authorize appropriations for NOAA, DOI, and grants to two universities for coral reef conservation over the 2008-2010 period. The CBO estimates for these bills reflect the different authorization periods and the additional programs addressed by H.R. 5622.

Estimate prepared by: Federal Costs: Julie Middleton and Leigh Angres. Impact on State, Local, and Tribal Governments: Lisa Ramirez-Branum. Impact on the Private Sector: Patrice Gordon and Carla-Marie Ulerie.

Estimate 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 MADE BY THE BILL, AS REPORTED




CORAL REEF CONSERVATION ACT OF 2000


TITLE II--CORAL REEF CONSERVATION


SEC. 201. SHORT TITLE.




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SEC. 204. CORAL REEF CONSERVATION PROGRAM.




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SEC. 205. CORAL REEF CONSERVATION FUND.












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 [Struck out->][ SEC. 206. EMERGENCY ASSISTANCE. ][<-Struck out]




SEC. 206. EMERGENCY RESPONSE ACTIONS.
















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 [Struck out->][ SEC. 208. EFFECTIVENESS REPORTS. ][<-Struck out]






SEC. 208. REPORTS TO CONGRESS.














SEC. 209. COMMUNITY-BASED PLANNING GRANTS.


















SEC. 210. REGIONAL COORDINATION.






SEC. 211. UNITED STATES CORAL REEF TASK FORCE.


































































SEC.  [Struck out->][ 209 ][<-Struck out]  212. AUTHORIZATION OF APPROPRIATIONS.






























SEC.  [Struck out->][ 210 ][<-Struck out]  213. DEFINITIONS.






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