Joe Seger
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Steve Turek |
Draft 10-27-99
Statement Proposed for Adoption by the U.S. CRTF at its Third Meeting
Oversight of Agency Actions Affecting Coral Reef Protection
Section 4 of President Clinton’s Executive Order on Coral Reef Protection (E.O. 13089, 63 Fed. Reg. 32701, June 16, 1998; hereinafter "Order") established the U.S. Coral Reef Task Force (Task Force) and directs the Task Force to, among other things, "oversee implementation of the policy and Federal agency responsibilities set forth in this order . . ."
Section 2 of the Order, entitled "Policy," states --
(a) All Federal agencies whose actions may affect U.S. coral reef ecosystems shall: (a) identify their actions that may affect U.S. coral reef ecosystems; (b) utilize their programs and authorities to protect and enhance the conditions of such ecosystems; and (c) to the extent permitted by law, ensure that any actions they authorize, fund, or carry out will not degrade the conditions of such ecosystems.
(b) Exceptions to this section may be allowed under terms prescribed by the heads of Federal agencies: (1) during time of war or national emergency; (2) when necessary for reasons of national security, as determined by the President; (3) during emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution; or (4) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God.
Public statements at the first and second meetings of the Task Force questioned whether certain specific Federal agency actions are consistent with the requirements of Section 2 (a)(a)-(c) as modified by Section 2 (b). The Task Force in turn has considered what approach it should take in light of its policy oversight responsibility when issues of consistency with the policy arise. The Task Force believes that its oversight duty under the Order should be accomplished by monitoring Federal agency and non-Federal member implementation, and by providing a means for exchanging information related to their implementation of Section 2 (a)(a)-(c). In furtherance of these objectives the Task Force has agreed to the following:
1. Agency implementation plans. By June 11, 2000, each member of the Task Force ("Member") will provide the Task Force Co-Chairs with a copy of the Member’s Coral Reef Protection Implementation Plan ("Plan").
a. The Plan will include a description of how the agency will --
i. identify actions that may affect U.S. Coral Reef ecosystems;
ii. utilize existing programs and authorities to protect and enhance the conditions of such ecosystems;
iii. to the extent permitted by law, ensure that actions they authorize, fund, or
carry out will not degrade the conditions of such ecosystems; and
iv. provide, subject to the availability of appropriations, for implementation of measures needed to research, monitor, manage, and restore affected ecosystems, including but not limited to measures reducing impacts from pollution, sedimentation, and fishing.
b. The name, title and address of the Member’s designated contact for inquiries concerning coral reef protection and for the Member’s participation in the Task Force.
c. The Task Force Co-Chairs will post the Task Force Member Implementation Plans on the Internet at http://coralreef.gov.
d. The Task Force will advise and encourage Federal agencies which are not Task Force
Members on implementation of the Order, including preparation of implementation plans as described in this section and preparation of annual reports as described in section 3.
2. Public issue identification and response.
a. Any person who believes that an agency has taken or is planning to take an action inconsistent with requirements of Section 2 (a)(a)-(c) of the Order not covered by an exception under Section 2(b) may apprise the Task Force of this opinion by submitting a written statement to that agency and by providing copies of the statement to the Task Force Co-Chairs. Such written statements shall describe (a) the action of concern, (b) the damage the action is believed to cause, and (c) any earlier communications about the action made to the agency concerned. Any person who contacts the Task Force Co-Chairs or any Member about the actions of another Member will be referred to the procedure above.
b. Task Force Member agencies whose actions have been questioned under paragraph a. will respond to the commenter in writing. A copy of the response will be provided to the Co-Chairs of the Task Force.
i. If the matter of concern is subject to a formal administrative process, the agency will provide a written response referring the originator to the appropriate public comment process, and direct the written statement received into that process.
ii. Communications with the Task Force will not substitute for public comment through Member agency provisions for public comment or public hearing on actions, nor will communications with the Task Force offer an additional opportunity for consideration of comments on actions, or a substantive right of action, except to the extent consistent with all applicable law.
c. The Co-Chairs will invite a written response from any non-Member Federal agency whose actions have been questioned under Section 2 (a)(a)-(c) of the Order.
d. The Task Force Co-Chairs and Members may offer advice and counsel to facilitate resolution of issues under this section.
3. Annual Reports. In June each year Members will present a report to the Task Force that includes (i) a description of any significant changes to the implementation plan; (ii) a summary of accomplishments; (iii) a summary of significant issues and any issues raised under Section 2 of the Order and how they were treated; (iv) any instances in which the agency found it necessary to rely on any of the exceptions to the policy in Section 2 or the Order, and the terms prescribed for invoking the exception(s) to the extent permitted by law; and (v) any other information that the agency wishes to share with the Task Force and the public. Members will provide written materials addressing (i) through (v) to the Co-Chairs for inclusion in the minutes of the next Task Force meeting. The materials provided will be posted on the Internet, at http://www.coralreef.gov, as a part of the posting of the minutes.
4. This Statement does not create any right or benefit, substantive or procedural, enforceable in law or equity by a party against the United States, its agencies, its officers, or any person or Task Force Member.
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