Restoring Resilient Reefs Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4160 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 HOUSE OF REPRESENTATIVES AUGUST 2, 2019 Mr. SOTO (for himself, Miss GONZA´LEZ-COLO´N of Puerto Rico, Mr. CRIST, Mr. MAST, Mrs. MURPHY, Mrs. RADEWAGEN, and Ms. GABBARD) intro- duced the following bill; which was referred to the Committee on Natural Resources 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 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 4160 IH TITLE I—REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000 Sec. 101. Reauthorization of Coral Reef Conservation Act of 2000. 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 I—REAUTHORIZATION OF 1 CORAL REEF CONSERVATION 2 ACT OF 2000 3 SEC. 101. REAUTHORIZATION OF CORAL REEF CONSERVA- 4 TION ACT OF 2000. 5 The Coral Reef Conservation Act of 2000 (16 U.S.C. 6 6401 et seq.) is amended by striking sections 202 through 7 210 and inserting the following: 8 ‘‘SEC. 202. PURPOSES. 9 ‘‘The purposes of this title are— 10 ‘‘(1) to preserve, sustain, and restore the condi- 11 tion of United States coral reef ecosystems chal- 12 lenged by natural and human-accelerated changes, 13 including increasing ocean temperatures, ocean 14 acidification, coral bleaching, coral diseases, and 15 invasive species; 16 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 4160 IH ‘‘(2) to promote the science-based management 1 and sustainable use of coral reef ecosystems to ben- 2 efit local communities and the Nation, including 3 through improved integration and cooperation 4 among Federal, State, and locally managed jurisdic- 5 tions with coral reef equities; 6 ‘‘(3) to develop sound scientific information on 7 the condition of coral reef ecosystems, continuing 8 and emerging threats to such ecosystems, and the 9 efficacy of innovative tools, technologies, and strate- 10 gies to restore such ecosystems; 11 ‘‘(4) to assist in the preservation of coral reefs 12 by supporting consensus-driven State and commu- 13 nity-based coral reef management, including con- 14 servation and restoration projects that empower 15 local communities, small businesses, and nongovern- 16 mental organizations; 17 ‘‘(5) to provide financial resources, technical as- 18 sistance, and scientific expertise to supplement and 19 strengthen State and community-based management 20 programs and conservation and restoration projects; 21 ‘‘(6) to establish a formal mechanism for col- 22 lecting and allocating monetary donations from the 23 private sector to be used for coral reef conservation 24 and restoration projects; 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 4160 IH ‘‘(7) to support the rapid and effective, science- 1 based response to emergencies that imminently 2 threaten coral reefs, such as coral disease outbreaks, 3 invasive species, coral bleaching, natural disasters, 4 vessel groundings or chemical spills, and other exi- 5 gent circumstances; and 6 ‘‘(8) to serve as a model for advancing similar 7 international efforts to preserve, sustain, and restore 8 coral reef ecosystems in the jurisdictions of United 9 States allies and trading partners. 10 ‘‘SEC. 203. NATIONAL CORAL REEF RESILIENCE STRATEGY. 11 ‘‘(a) IN GENERAL.—Not later than one year after the 12 date of the enactment of the Restoring Resilient Reefs Act 13 of 2019, the Administrator shall submit to the appropriate 14 congressional committees and publish in the Federal Reg- 15 ister a national coral reef resilience strategy. 16 ‘‘(b) ELEMENTS.—The strategy required by para- 17 graph (1) shall include— 18 ‘‘(1) a statement of goals and objectives and an 19 implementation plan for supporting— 20 ‘‘(A) the coral reef conservation program 21 under section 221; and 22 ‘‘(B) future Federal coral reef manage- 23 ment and restoration activities under section 24 205; 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 4160 IH ‘‘(2) national maps of— 1 ‘‘(A) the current range and extent of coral 2 reef ecosystems; 3 ‘‘(B) the historic range and extent of coral 4 reef ecosystems; and 5 ‘‘(C) prime habitat for restoring reef eco- 6 system structure and functions to benefit coast- 7 al communities and living marine resources; 8 and 9 ‘‘(3) a discussion of— 10 ‘‘(A) continuing and emerging threats to 11 the resilience of United States coral reef eco- 12 systems; 13 ‘‘(B) national and regional gaps in coral 14 reef ecosystem research, monitoring, and as- 15 sessments; 16 ‘‘(C) the status of efforts to improve man- 17 agement, integration, and cooperation among 18 Federal, State, Tribal, and locally managed ju- 19 risdictions with coral reef equities; and 20 ‘‘(D) efforts to manage and disseminate 21 critical information, such as publicly accessible 22 research, reports, datasets, and maps, including 23 through interjurisdictional data sharing. 24 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 4160 IH ‘‘(c) REVISIONS.—The Administrator shall periodi- 1 cally, but not less frequently than every 20 years, review 2 and revise the strategy required by subsection (a) as ap- 3 propriate. 4 ‘‘(d) CONSULTATIONS.—In developing the strategy 5 required by subsection (a), the Administrator shall consult 6 with the Secretary of the Interior and the Task Force. 7 ‘‘(e) USE OF EXISTING PLAN.—At the discretion of 8 the Administrator, the National Oceanic and Atmospheric 9 Administration’s 2018 Coral Reef Conservation Program 10 Strategic Plan may be considered to fulfill the require- 11 ments of this section until January 1, 2040. 12 ‘‘SEC. 204. FEDERAL CORAL REEF ACTION PLANS. 13 ‘‘(a) IN GENERAL.—Not later than September 30, 14 2021, and every 5 years thereafter, the Administrator 15 shall submit to the appropriate congressional committees 16 and publish in the Federal Register a compilation of coral 17 reef action plans for each individual management unit of 18 a Federal agency specified in section 205(c) with jurisdic- 19 tion over coral reef ecosystems and established for at least 20 5 years— 21 ‘‘(1) developed and submitted to the Adminis- 22 trator by the Secretary of the Interior and the As- 23 sistant Administrator of the National Ocean Service, 24 as applicable; and 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 4160 IH ‘‘(2) that meet the requirements of subsection 1 (b). 2 ‘‘(b) REQUIREMENTS FOR FEDERAL CORAL REEF 3 ACTION PLANS.—A coral reef action plan of a manage- 4 ment unit described in subsection (a) meets the require- 5 ments of this subsection if the plan includes— 6 ‘‘(1) a statement of goals and objectives to be 7 accomplished during the 5-year period following de- 8 velopment of the plan and consistent with the na- 9 tional coral reef resilience strategy in effect as devel- 10 oped in accordance with section 203; and 11 ‘‘(2) a discussion of— 12 ‘‘(A) a review of such unit’s efforts and 13 success in managing and restoring coral reef 14 ecosystems under the previous coral reef action 15 plan in effect as developed under this section, 16 if applicable, and how such review informs the 17 newly effective action plan; 18 ‘‘(B) short- and mid-term coral reef con- 19 servation and restoration objectives for such 20 unit’s coral reef ecosystems; 21 ‘‘(C) an assessment of whether such unit 22 has experienced more than a 10 percent loss of 23 living coral cover during the 10-year period pre- 24 ceding the date of the plan or retains less than 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 4160 IH 50 percent of its historic living coral cover as 1 of that date; 2 ‘‘(D) an updated adaptive management 3 framework to inform research, monitoring, and 4 assessment needs; 5 ‘‘(E) any coral reef emergency plans cer- 6 tified under section 216 for coral reef eco- 7 systems within such unit, and a review of any 8 circumstance that led to the activation of such 9 plans within such unit, including an evaluation 10 of the emergency responses; 11 ‘‘(F) tools and strategies to address pollu- 12 tion and water quality impacts to coral reef eco- 13 systems arising wholly from within the adminis- 14 trative boundaries of such unit; 15 ‘‘(G) the status of efforts to improve coral 16 reef ecosystem management integration and co- 17 operation among neighboring Federal, State, 18 Tribal, or locally managed jurisdictions, includ- 19 ing identification of existing research and moni- 20 toring activities that can be leveraged for coral 21 reef status and trends assessments within such 22 unit; 23 ‘‘(H) a list of all coral reefs or ecologically 24 significant units of coral reefs identified by 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 4160 IH coral reef stewardship partnerships certified 1 under section 210(e) or subject to stewardship 2 activities governed by coral reef stewardship 3 plans certified under section 212 during the 4 preceding 5-year period within such unit; 5 ‘‘(I) coral reef-related public outreach and 6 education efforts; 7 ‘‘(J) an accounting of annual unit expendi- 8 tures on coral reef management and restoration 9 during the 5-year period preceding the date of 10 the plan; and 11 ‘‘(K) estimated budgetary and other re- 12 source considerations necessary to carry out 13 such plan. 14 ‘‘(c) ADOPTION OF STEWARDSHIP AND EMERGENCY 15 PLANS.—In developing a coral reef action plan under this 16 section, a management unit described in subsection (a) 17 may adopt any coral reef stewardship plans certified under 18 section 212 and coral reef emergency plans certified under 19 section 216 governing stewardship or emergency response 20 activities within the administrative boundaries of such 21 unit. 22 ‘‘(d) CONSULTATIONS.—In developing the action 23 plans required by subsection (a), the Secretary of the Inte- 24 rior or the Assistant Administrator of the National Ocean 25 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 4160 IH Service may consult with the Administrator and the Task 1 Force. 2 ‘‘SEC. 205. FEDERAL CORAL REEF MANAGEMENT AND RES- 3 TORATION ACTIVITIES. 4 ‘‘(a) IN GENERAL.—The Secretary may conduct ac- 5 tivities described in subsection (b) to conserve and restore 6 coral reefs and coral reef ecosystems that are consistent 7 with— 8 ‘‘(1) all applicable laws governing resource 9 management in Federal and State waters, including 10 this title; 11 ‘‘(2) the national coral reef resilience strategy 12 in effect as developed under section 203; and 13 ‘‘(3) Federal coral reef action plans in effect 14 and developed under section 204. 15 ‘‘(b) ACTIVITIES DESCRIBED.—Activities described 16 in this subsection are activities to conserve and restore 17 coral reefs and coral reef ecosystems in waters managed 18 under the jurisdiction of a Federal agency specified in sub- 19 section (c), including— 20 ‘‘(1) enhancing compliance with Federal laws 21 that prohibit or regulate— 22 ‘‘(A) the taking of coral products or spe- 23 cies associated with coral reefs; or 24 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 4160 IH ‘‘(B) the use and management of coral reef 1 ecosystems; 2 ‘‘(2) mapping of— 3 ‘‘(A) the current range and extent of coral 4 reef ecosystems; 5 ‘‘(B) the historical range and extent of 6 coral reef ecosystems; and 7 ‘‘(C) prime habitat for restoring reef eco- 8 system structure and functions to benefit coast- 9 al communities and living marine resources; 10 ‘‘(3) long-term ecological monitoring of coral 11 reef ecosystems; 12 ‘‘(4) implementing species-specific recovery 13 plans for listed coral species consistent with the En- 14 dangered Species Act of 1973 (16 U.S.C. 1531 et 15 seq.); 16 ‘‘(5) restoring degraded coral reef ecosystems; 17 ‘‘(6) promoting ecologically sound navigation 18 and anchorages, including mooring buoy systems to 19 promote enhanced recreational access, near coral 20 reefs; and 21 ‘‘(7) monitoring and responding to severe 22 bleaching or mortality events, disease outbreaks, 23 invasive species outbreaks, and significant maritime 24 VerDate Sep 11 2014 21:56 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4160.IH H4160 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 4160 IH accidents, including chemical spill cleanup and the 1 removal of grounded vessels. 2 ‘‘(c) FEDERAL AGENCIES SPECIFIED.—A Federal 3 agency specified in this subsection is one of the following: 4 ‘‘(1) The National Ocean Service of the Na- 5 tional Oceanic and Atmospheric Administration. 6 ‘‘(2) The National Park Service. 7 ‘‘(3) The United States Fish and Wildlife Serv- 8 ice. 9 ‘‘(4) The Office of Insular Affairs of the De- 10 partment of the Interior. 11 ‘‘(d) COORDINATION WITH THE DEPARTMENT OF 12 THE INTERIOR.—The Secretary shall coordinate with the 13 Secretary of the Interior regarding the conduct of any ac- 14 tivities to conserve and restore coral reefs and coral reef 15 ecosystems in waters managed under the jurisdiction of 16 a Federal agency specified in paragraph (2), (3), or (4) [Text truncated for display. 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