Restoring Resilient Reefs Act of 2021

II Calendar No. 223 117TH CONGRESS 1ST SESSION S. 46 To reauthorize the Coral Reef Conservation Act of 2000 and to establish the United States Coral Reef Task Force, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 26, 2021 Mr. RUBIO (for himself, Mr. SCHATZ, Ms. HIRONO, Mr. SCOTT of Florida, Mr. COONS, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Trans- portation DECEMBER 17, 2021 Reported by Ms. CANTWELL, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To reauthorize the Coral Reef Conservation Act of 2000 and to establish the United States Coral Reef Task Force, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Restoring Resilient Reefs Act of 2021’’. 5 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 46 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. TITLE I—REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000 Sec. 101. Reauthorization of Coral Reef Conservation Act of 2000. Sec. 102. Modification to section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403). TITLE II—UNITED STATES CORAL REEF TASK FORCE Sec. 201. Establishment. Sec. 202. Duties. Sec. 203. Membership. Sec. 204. Responsibilities of Federal agency members. Sec. 205. Working groups. Sec. 206. Definitions. TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES Sec. 301. Coral reef conservation and restoration assistance. TITLE IV—SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Establishment of fellowship program. Sec. 404. Fellowship awards. Sec. 405. Matching requirement. TITLE I—REAUTHORIZATION OF 3 CORAL REEF CONSERVATION 4 ACT OF 2000 5 SEC. 101. REAUTHORIZATION OF CORAL REEF CONSERVA- 6 TION ACT OF 2000. 7 (a) PURPOSES; FEDERAL CORAL REEF MANAGE- 8 MENT AND RESTORATION ACTIVITIES.—The Coral Reef 9 Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 10 amended by striking sections 202 and 203 and inserting 11 the following: 12 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 46 RS ‘‘SEC. 202. PURPOSES. 1 ‘‘The purposes of this title are— 2 ‘‘(1) to preserve, sustain, and restore the condi- 3 tion of United States coral reef ecosystems chal- 4 lenged by natural and human-accelerated changes, 5 including increasing ocean temperatures, ocean 6 acidification, coral bleaching, coral diseases, water 7 quality degradation, invasive species, and illegal, un- 8 reported, and unregulated fishing; 9 ‘‘(2) to promote the science-based management 10 and sustainable use of coral reef ecosystems to ben- 11 efit local communities and the Nation, including 12 through improved integration and cooperation 13 among Federal, State, and locally managed jurisdic- 14 tions with coral reef equities; 15 ‘‘(3) to develop sound scientific information on 16 the condition of coral reef ecosystems, continuing 17 and emerging threats to such ecosystems, and the 18 efficacy of innovative tools, technologies, and strate- 19 gies to mitigate stressors and restore such eco- 20 systems, including evaluation criteria to determine 21 the effectiveness of management interventions, and 22 accurate mapping for coral reef restoration; 23 ‘‘(4) to assist in the preservation of coral reefs 24 by supporting science-based, consensus-driven State, 25 Tribal, and community-based coral reef manage- 26 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 46 RS ment, including conservation and restoration 1 projects that empower local communities, small busi- 2 nesses, and nongovernmental organizations; 3 ‘‘(5) to provide financial resources, technical as- 4 sistance, and scientific expertise to supplement and 5 strengthen State and community-based management 6 programs and conservation and restoration projects; 7 ‘‘(6) to establish a formal mechanism for col- 8 lecting and allocating monetary donations from the 9 private sector to be used for coral reef conservation 10 and restoration projects; 11 ‘‘(7) to support the rapid and effective, science- 12 based assessment and response to emergencies that 13 imminently threaten coral reefs, such as coral dis- 14 ease outbreaks, invasive species, hurricanes, marine 15 heat waves, coral bleaching, and other natural disas- 16 ters, vessel groundings or chemical spills, and other 17 exigent circumstances; and 18 ‘‘(8) to serve as a model for advancing similar 19 international efforts to preserve, sustain, and restore 20 coral reef ecosystems in the jurisdictions of United 21 States allies and trading partners. 22 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 46 RS ‘‘SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RES- 1 TORATION ACTIVITIES. 2 ‘‘(a) IN GENERAL.—The Administrator or the Sec- 3 retary of the Interior may conduct activities described in 4 subsection (b) to conserve and restore coral reefs and coral 5 reef ecosystems that are consistent with— 6 ‘‘(1) all applicable laws governing resource 7 management in Federal and State waters, including 8 this Act; 9 ‘‘(2) the national coral reef resilience strategy 10 in effect under section 204A; 11 ‘‘(3) coral reef action plans in effect under sec- 12 tion 205, as applicable; and 13 ‘‘(4) coral reef emergency plans in effect under 14 section 209, as applicable. 15 ‘‘(b) ACTIVITIES DESCRIBED.—Activities described 16 in this subsection are activities to conserve, research, mon- 17 itor, assess, and restore coral reefs and coral reef eco- 18 systems in waters managed under the jurisdiction of a 19 Federal agency specified in subsection (c) or in coordina- 20 tion with a State in waters managed under the jurisdiction 21 of such State, including— 22 ‘‘(1) developing, including through the collection 23 of requisite data, high-quality and digitized maps re- 24 flecting— 25 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 46 RS ‘‘(A) current and historical live coral cover 1 data; 2 ‘‘(B) coral reef habitat quality data; 3 ‘‘(C) priority areas for coral reef conserva- 4 tion to maintain biodiversity and ecosystem 5 structure and function that benefit coastal com- 6 munities and living marine resources; 7 ‘‘(D) priority areas for coral reef restora- 8 tion to enhance biodiversity and ecosystem 9 structure and function to benefit coastal com- 10 munities and living marine resources; and 11 ‘‘(E) areas of concern that may require en- 12 hanced monitoring of coral health and cover; 13 ‘‘(2) enhancing compliance with Federal laws 14 that prohibit or regulate— 15 ‘‘(A) the taking of coral products or spe- 16 cies associated with coral reefs; or 17 ‘‘(B) the use and management of coral reef 18 ecosystems; 19 ‘‘(3) long-term ecological monitoring of coral 20 reef ecosystems; 21 ‘‘(4) implementing species-specific recovery 22 plans for listed coral species consistent with the En- 23 dangered Species Act of 1973 (16 U.S.C. 1531 et 24 seq.); 25 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 46 RS ‘‘(5) restoring degraded coral reef ecosystems; 1 ‘‘(6) promoting ecologically sound navigation 2 and anchorages, including mooring buoy systems to 3 promote enhanced recreational access, near coral 4 reefs; 5 ‘‘(7) monitoring and responding to severe 6 bleaching or mortality events, disease outbreaks, 7 invasive species outbreaks, and significant maritime 8 accidents, including chemical spill cleanup and the 9 removal of grounded vessels; 10 ‘‘(8) conducting scientific research that contrib- 11 utes to the understanding, sustainable use, and long- 12 term conservation of coral reefs; 13 ‘‘(9) enhancing public awareness, under- 14 standing, and appreciation of coral reefs and coral 15 reef ecosystems; 16 ‘‘(10) preventing or minimizing the likelihood of 17 vessel impacts or other physical damage to coral 18 reefs through navigational aids and expansion of 19 reef-safe anchorages; and 20 ‘‘(11) centrally archiving, managing, and dis- 21 tributing data sets and coral reef ecosystem assess- 22 ments and publishing such information on publicly 23 available internet websites of— 24 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 46 RS ‘‘(A) the Coral Reef Conservation Program 1 of the National Oceanic and Atmospheric Ad- 2 ministration; and 3 ‘‘(B) the Task Force. 4 ‘‘(c) FEDERAL AGENCIES SPECIFIED.—A Federal 5 agency specified in this subsection is one of the following: 6 ‘‘(1) The National Oceanic and Atmospheric 7 Administration. 8 ‘‘(2) The National Park Service. 9 ‘‘(3) The United States Fish and Wildlife Serv- 10 ice. 11 ‘‘(4) The Office of Insular Affairs. 12 ‘‘(d) COOPERATIVE AGREEMENTS.— 13 ‘‘(1) IN GENERAL.—Subject to the availability 14 of appropriations and at the discretion of the Sec- 15 retary of Commerce, the Administrator may enter 16 into cooperative agreements with States to fund 17 coral reef conservation and restoration activities in 18 waters managed under the jurisdiction of such 19 States that are consistent with the national coral 20 reef resilience strategy in effect under section 204A. 21 ‘‘(2) LIMITATION.—The Administrator may not 22 provide more than $500,000 in total funding under 23 paragraph (1) to any one State in any fiscal year.’’. 24 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 46 RS (b) ADDITIONAL PROVISIONS.—The Coral Reef Con- 1 servation Act of 2000 (16 U.S.C. 6401 et seq.) is amended 2 by striking sections 205 through 210 and inserting the 3 following: 4 ‘‘SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRAT- 5 EGY. 6 ‘‘(a) IN GENERAL.—The Administrator shall— 7 ‘‘(1) develop a national coral reef resilience 8 strategy; and 9 ‘‘(2) periodically, but not less frequently than 10 every 15 years, review and revise the strategy. 11 ‘‘(b) ELEMENTS.—The strategy required by sub- 12 section (a) shall include the following: 13 ‘‘(1) A discussion addressing— 14 ‘‘(A) continuing and emerging threats to 15 the resilience of United States coral reef eco- 16 systems; 17 ‘‘(B) remaining gaps in coral reef eco- 18 system research, monitoring, and assessment; 19 ‘‘(C) the status of management coopera- 20 tion and integration among Federal, State, 21 Tribal, and locally managed jurisdictions with 22 coral reef equities; 23 ‘‘(D) the status of efforts to manage and 24 disseminate critical information, and enhance 25 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 46 RS interjurisdictional data sharing, related to re- 1 search, reports, datasets, and maps; 2 ‘‘(E) areas of special focus, which may in- 3 clude— 4 ‘‘(i) improving natural coral recruit- 5 ment; 6 ‘‘(ii) preventing avoidable losses of 7 corals and their habitat; 8 ‘‘(iii) enhancing the resilience of coral 9 populations; 10 ‘‘(iv) supporting a resilience-based 11 management approach; 12 ‘‘(v) developing, coordinating, and im- 13 plementing watershed management plans; 14 ‘‘(vi) building and sustaining water- 15 shed management capacity at the local 16 level; 17 ‘‘(vii) providing data essential for 18 coral reef fisheries management; 19 ‘‘(viii) building capacity for coral reef 20 fisheries management; 21 ‘‘(ix) increasing understanding of 22 coral reef ecosystem services; 23 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 46 RS ‘‘(x) educating the public on the im- 1 portance of coral reefs, threats and solu- 2 tions; and 3 ‘‘(xi) evaluating intervention efficacy; 4 ‘‘(F) the status of conservation efforts, in- 5 cluding the use of marine protected areas to 6 serve as replenishment zones developed con- 7 sistent with local practices and traditions and 8 in cooperation with, and with respect for the 9 scientific, technical, and management expertise 10 and responsibilities of, State fish and wildlife 11 management agencies; and 12 ‘‘(G) science-based adaptive management 13 and restoration efforts. 14 ‘‘(2) A statement of national goals and objec- 15 tives designed to guide— 16 ‘‘(A) future Federal coral reef management 17 and restoration activities authorized under sec- 18 tion 203; 19 ‘‘(B) conservation and restoration prior- 20 ities for grants awarded under section 213; and 21 ‘‘(C) research priorities for the cooperative 22 institutes established under section 215(c). 23 ‘‘(3) General templates for use by covered reef 24 managers to guide the development of— 25 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 46 RS ‘‘(A) coral reef action plans under section 1 205; and 2 ‘‘(B) coral reef emergency plans under sec- 3 tion 209. 4 ‘‘(c) CONSULTATIONS.—In developing all elements of 5 the strategy required by subsection (a), the Administrator 6 shall— 7 ‘‘(1) consult with the Secretary of the Interior, 8 the Task Force, covered States, and Tribal organiza- 9 tions; 10 ‘‘(2) engage stakeholders, including coral reef 11 stewardship partnerships, coral reef institutes and 12 research centers described in section 215(c), and 13 coral reef conservation grant awardees; and 14 ‘‘(3) solicit public review and comment regard- 15 ing scoping and the draft strategy. 16 ‘‘(d) SUBMISSION TO CONGRESS; PUBLICATION.— 17 The Administrator shall— 18 ‘‘(1) submit the strategy required by subsection 19 (a) and any revisions to the strategy to the appro- 20 priate congressional committees; and 21 ‘‘(2) publish the strategy and any such revisions 22 on publicly available internet websites of— 23 VerDate Sep 11 2014 02:08 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S46.RS S46 pbinns on DSKJLVW7X2PROD with BILLS 13 [Text truncated for display. Full text available on Congress.gov.]