H. R. 738
To reauthorize the Coral Reef Conservation Act of 2000, and for other
IN THE HOUSE OF REPRESENTATIVES
February 16, 2011
Ms. BORDALLO (for herself, Mrs. CHRISTENSEN, Mr. FALEOMAVAEGA, Mr. SABLAN,
Mr. PIERLUISI, Mr. FARR, Ms. HIRONO, Ms. LEE of California, Ms. CASTOR of
Florida, Ms. HANABUSA, Mr. GRIJALVA, Mr. HASTINGS of Florida, and Mr. HONDA)
introduced the following bill; which was referred to the Committee on Natural
To reauthorize the Coral Reef Conservation Act of 2000, and for other
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the `Coral Reef Conservation Act
Reauthorization and Enhancement Amendments of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT
Sec. 101. Expansion of Coral Reef Conservation Program.
Sec. 102. Emergency response.
Sec. 103. National program.
Sec. 104. Report to Congress.
Sec. 105. Fund; grants; grounding inventory; coordination.
Sec. 106. Clarification of definitions.
Sec. 107. Authorization of appropriations.
TITLE II--UNITED STATES CORAL REEF TASK FORCE
Sec. 201. United States Coral Reef Task Force.
TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES
Sec. 301. Coral reef conservation assistance.
Sec. 302. National coral reef action strategy.
SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to or repeal of a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401
TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT
SEC. 101. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.
(a) Project Diversity- Section 204(d) (16 U.S.C. 6403(d)) is amended--
(1) in the heading by striking `Geographic and Biological' and inserting
(2) by striking paragraph (3) and inserting the following:
`(3) Remaining funds shall be awarded for--
`(A) projects (with priority given to community-based local action strategies)
that address emerging priorities or threats, including international and
territorial priorities, or threats identified by the Administrator in
consultation with the United States Coral Reef Task Force; and
`(B) other appropriate projects, as determined by the Administrator, including
monitoring and assessment, research, pollution reduction, education, and
(b) Approval Criteria- Section 204(g) (16 U.S.C. 6403(g)) is amended--
(1) by striking `or' after the semicolon in paragraph (9);
(2) by striking paragraph (10); and
(3) by inserting after paragraph (9) the following:
`(10) promoting activities designed to minimize the likelihood of vessel
impacts on coral reefs, particularly those areas identified under section
210(b), including the promotion of ecologically sound navigation and anchorages
near coral reefs; or
`(11) promoting and assisting entities to work with local communities, and
all appropriate governmental and nongovernmental organizations, to support
community-based planning and management initiatives for the protection of
coral reef ecosystems.'.
SEC. 102. EMERGENCY RESPONSE.
Section 206 (16 U.S.C. 6405) is amended to read as follows:
`SEC. 206. EMERGENCY RESPONSE ACTIONS.
`(a) In General- The appropriate official may undertake or authorize action
`(1) to minimize the destruction of or injury to a coral reef, or loss of
an ecosystem function of a coral reef, from--
`(A) vessel impacts, derelict fishing gear, vessel anchors, and anchor
`(B) from unforeseen or disaster-related circumstances as a result of
human activities; and
`(2) to stabilize, repair, recover, or restore a coral reef that is destroyed
or injured, or that has incurred the loss of an ecosystem function, as described
in paragraph (1).
`(b) Vessel Removal; Stabilization- Action authorized by subsection (a) includes
vessel removal and emergency stabilization of the vessel or any impacted coral
`(c) Partnering With Other Federal and State Agencies- When possible, action
by the appropriate official under this section should--
`(1) be conducted in partnership with other government agencies as appropriate,
`(A) the Coast Guard, the Federal Emergency Management Agency, the Army
Corps of Engineers, the Environmental Protection Agency, and the Department
of the Interior; and
`(B) agencies of States; and
`(2) leverage resources of other agencies.
`(d) Emergency Response Assistance by Other Federal and State Agencies-
`(1) IN GENERAL- The head of any other Federal or State agency may assist
the appropriate official in emergency response actions under this section,
using funds available for operations of the agency concerned.
`(2) REIMBURSEMENT- The appropriate official, subject to the availability
of appropriations, may reimburse a Federal or State agency for assistance
provided under paragraph (1).
`(e) Liability for Costs and Damages to Coral Reefs-
`(1) TREATMENT OF CORAL REEFS UNDER NATIONAL MARINE SANCTUARIES ACT- For
purposes of the provisions set forth in paragraph (2), and subject to paragraph
(5), each of the terms `sanctuary resources', `resource', `sanctuary resource
managed under law or regulations for that sanctuary', `national marine sanctuary',
`sanctuary resources of the national marine sanctuary', and `sanctuary resources
of other national marine sanctuaries' is deemed to include any coral reef
that is subject to the jurisdiction of the United States or any State, without
regard to whether such coral reef is located in a national marine sanctuary.
`(2) APPLICABLE PROVISIONS OF NATIONAL MARINE SANCTUARIES ACT- The provisions
referred to in paragraph (1) are the following provisions of the National
Marine Sanctuaries Act:
`(A) Paragraphs (6) and (7) of section 302 (16 U.S.C. 1432).
`(B) Paragraphs (1), (2), (3), and (4) of section 306 (16 U.S.C. 1436).
`(C) Section 307 (16 U.S.C. 1437).
`(D) Section 312 (16 U.S.C. 1443).
`(3) EXEMPTIONS- The destruction, loss, or injury of a coral reef or any
component thereof is not unlawful if it was--
`(A) caused by the use of fishing gear in a manner that is not prohibited
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) or other Federal or State law; or
`(B) caused by an activity that is authorized by Federal or State law,
including any lawful discharge from a vessel of graywater, cooling water,
engine exhaust, ballast water, or sewage from a marine sanitation device,
unless the destruction, loss, or injury is a result of a vessel grounding,
a vessel scraping, anchor damage, or excavation that is not authorized
by a Federal or State permit;
`(C) the necessary result of bona fide marine scientific research (including
marine scientific research activities approved by Federal, State, or local
permits), other than--
`(i) sampling or collecting; and
`(ii) destruction, loss, or injury that is a result of a vessel grounding,
a vessel scraping, anchor damage, or excavation that is not authorized
by a Federal or State permit; or
`(D)(i) caused by a Federal Government agency in--
`(I) an emergency that posed an unacceptable threat to human health
or safety or to the marine environment;
`(II) an emergency that posed a threat to national security; or
`(III) an activity necessary for law enforcement purposes or search
and rescue; and
`(ii) could not be avoided.
`(4) CLARIFICATION OF LIABILITY- A person is not liable under this subsection
if that person establishes that--
`(A) the destruction or loss of, or injury to, the coral reef or coral
reef ecosystem was caused solely by an act of God, an act of war, or an
act of omission of a third party, and the person acted with due care;
`(B) the destruction, loss, or injury was caused by an activity authorized
by Federal or State law; or
`(C) the destruction, loss, or injury was negligible.
`(5) STATE CONSENT REQUIRED-
`(A) IN GENERAL- This subsection shall not apply to any coral reef that
is subject to the jurisdiction of a State unless the Governor of that
State notifies the appropriate official that the State consents to that
`(B) REVOCATION OF CONSENT- The governor of a State may revoke consent
under subparagraph (A) by notifying the appropriate official of such revocation.
`(6) CONSISTENCY WITH INTERNATIONAL LAWS AND TREATIES-
`(A) IN GENERAL- Any action taken under the authority of this subsection
must be consistent with otherwise applicable international laws and treaties.
`(B) ACTIONS AUTHORIZED WITH RESPECT TO VESSELS- For purposes of subparagraph
(A), actions authorized under this subsection include vessel removal,
and emergency re-stabilization of a vessel and any coral reef that is
impacted by a vessel.
`(7) LIABILITY UNDER OTHER PROVISIONS- Nothing in this title shall alter
the liability of any person under any other provision of law.
`(f) Appropriate Official Defined- In this section, the term `appropriate
`(1) except as provided in paragraphs (2) and (3), means the Administrator
of the National Oceanic and Atmospheric Administration;
`(2) except as provided in paragraph (3), means the Secretary of the Interior
for purposes of application of this section to--
`(A) any unit of the National Park System;
`(B) any unit of the National Wildlife Refuge System; or
`(C) any Marine National Monument that is designated under the Act of
June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly known as the `Antiquities
Act') and that is under the administrative jurisdiction of the Secretary
of the Interior; and
`(3) means the Secretary of Commerce, with respect to any coral reef or
component thereof that is located in any Marine National Monument designated
under the law referred to in paragraph (2)(C) and that is under the administrative
jurisdiction of the Secretary of Commerce.'.
SEC. 103. NATIONAL PROGRAM.
(a) Purpose of Act- Section 202 (16 U.S.C. 6401) is amended--
(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through
(7), respectively, and by inserting after paragraph (1) the following:
`(2) to promote the resilience of coral reef ecosystems;';
(2) by amending paragraph (4), as so redesignated, to read as follows:
`(4) to develop sound scientific information on the condition of coral reef
ecosystems and the threats to such ecosystems including large-scale threats
related to climate change, such as ocean acidification, to benefit local
communities and the Nation, and to the extent practicable to support and
enhance management and research capabilities at local management agencies
and local research and academic institutions;'; and
(3) by striking `and' after the semicolon at the end of paragraph (6), as
so redesignated, by striking the period at the end of paragraph (7), as
so redesignated, and inserting `; and', and by adding at the end the following:
`(8) to recognize the benefits of healthy coral reefs to island and coastal
communities and to encourage Federal action to ensure, to the maximum extent
practicable, the continued availability of those benefits.'.
(b) Goals and Objectives of National Coral Reef Action Strategy- Section 203(b)(8)
(16 U.S.C. 6402(b)(8)) is amended to read as follows:
`(8) conservation, including resilience and the consideration of island
and local traditions and practices.'.
(c) Amendments Relating to Activities To Conserve Coral Reefs and Coral Reef
Ecosystems- Section 207(b) (16 U.S.C. 6406(b)) is amended--
(1) in paragraph (3) by striking `and' after the semicolon;
(A) by striking `cooperative conservation' and inserting `cooperative
research, conservation,'; and
(B) by striking `partners.' and inserting `partners, including academic
institutions located in States;'; and
(3) by adding at the end the following:
`(5) improving and promoting the resilience of coral reefs and coral reef
`(6) activities designed to minimize the likelihood of vessel impacts or
other physical damage to coral reefs, including those areas identified in
(d) Criteria for Approval of Project Proposals- Section 204(g) (16 U.S.C.
6403(g)) is further amended by striking `or' after the semicolon at the end
of paragraph (10), by redesignating paragraph (11) as paragraph (12), and
by inserting after paragraph (10) the following:
`(11) improving and promoting the resilience of coral reefs and coral reef
(e) Data Archive, Access, and Availability- Section 207 (16 U.S.C. 6406) is
(1) in subsection (b) (as amended by subsection (b) of this section) by
striking `and' after the semicolon at the end of paragraph (5), by striking
the period at the end of paragraph (6) and inserting `; and', and by adding
at the end the following:
`(7) centrally archiving, managing, and distributing data sets and providing
coral reef ecosystem assessments and services to the general public with
local, regional, or international programs and partners.'; and
(2) by adding at the end the following:
`(c) Data Archive, Access, and Availability- The Secretary, in coordination
with similar efforts at other Departments and agencies shall provide for the
long-term stewardship of environmental data, products, and information via
data processing, storage, and archive facilities pursuant to this title. The
`(1) archive environmental data collected by Federal, State, local agencies
and tribal organizations and federally funded research;
`(2) promote widespread availability and dissemination of environmental
data and information through full and open access and exchange to the greatest
extent possible, including in electronic format on the Internet;
`(3) develop standards, protocols and procedures for sharing Federal data
with State and local government programs and the private sector or academia;
`(4) develop metadata standards for coral reef ecosystems in accordance
with Federal Geographic Data Committee guidelines.'.
SEC. 104. REPORT TO CONGRESS.
Section 208 (16 U.S.C. 6407) is amended to read as follows:
`SEC. 208. REPORT TO CONGRESS.
`Not later than March 1, 2012, and every 5 years thereafter, the Administrator
shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of the House of Representatives
a report describing all activities undertaken to implement the strategy, including--
`(1) a description of the funds obligated by each participating Federal
agency to advance coral reef conservation during each fiscal year of the
5-fiscal-year period preceding the fiscal year in which the report is submitted;
`(2) a description of Federal interagency and cooperative efforts with States
and non-governmental partner organizations to prevent or address overharvesting,
coastal runoff, or other anthropogenic impacts on coral reef ecosystems,
including projects undertaken with the Department of the Interior, the Department
of Agriculture, the Environmental Protection Agency, and the Army Corps
`(3) a summary of the information contained in the vessel grounding inventory
established under section 210, including additional authorization or funding,
needed for response and removal of such vessels;
`(4) a description of Federal disaster response actions taken pursuant to
the National Response Plan to address damage to coral reefs and coral reef
`(5) an assessment of the condition of United States coral reefs, accomplishments
under this Act, and the effectiveness of management actions to address threats
to coral reefs, including actions taken to address large-scale threats to
coral reef ecosystems related to climate change.'.
SEC. 105. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION.
The Act (16 U.S.C. 6401 et seq.) is amended--
(1) in section 205(a) (16 U.S.C. 6404(a)), by striking `organization solely'
and all that follows and inserting `organization--
`(1) to support partnerships between the public and private sectors that
further the purposes of this Act and are consistent with the national coral
reef strategy under section 203; and
`(2) to address emergency response actions under section 206.';
(2) by adding at the end of section 205(b) (16 U.S.C. 6404(b)) the following:
`The organization is encouraged to solicit funding and in-kind services
from the private sector, including nongovernmental organizations, for emergency
response actions under section 206 and for activities to prevent damage
to coral reefs, including areas identified in section 210(b)(2).';
(3) in section 205(c) (16 U.S.C. 6404(c)), by striking `the grant program'
and inserting `any grant program or emergency response action';
(4) by redesignating sections 209 and 210 as sections 217 and 218, respectively;
(5) by inserting after section 208 the following:
`SEC. 209. COMMUNITY-BASED PLANNING GRANTS.
`(a) In General- The Administrator may make grants to entities that are eligible
to receive grants under section 204(c) to provide additional funds to such
entities to work with local communities and through appropriate Federal and
State entities to prepare and implement plans for the increased protection
of coral reef areas identified by the community and scientific experts as
high priorities for focused attention. The plans shall--
`(1) support attainment of one or more of the criteria described in section
`(2) be developed at the community level;
`(3) utilize where applicable watershed-based or ecosystem-based approaches;
`(4) provide for coordination with Federal and State experts and managers;
`(5) build upon local approaches or models, including traditional or island-based
resource management concepts; and
`(6) complement local action strategies or regional plans for coral reef
`(b) Terms and Conditions- The provisions of subsections (b), (d), (f), and
(h) of section 204 apply to grants under subsection (a), except that, for
the purpose of applying section 204(b)(1) to grants under this section, `75
percent' shall be substituted for `50 percent'.
`SEC. 210. VESSEL GROUNDING INVENTORY.
`(a) In General- The Administrator, in coordination with other Federal agencies,
may maintain an inventory of all vessel grounding incidents involving coral
reefs, including a description of--
`(1) the impacts to such resources;
`(2) vessel and ownership information, if available;
`(3) the estimated cost of removal, mitigation, or restoration;
`(4) the response action taken by the owner, the Administrator, the Commandant
of the Coast Guard, or other Federal or State agency representatives;
`(5) the status of the response action, including the dates of vessel removal
and mitigation or restoration and any actions taken to prevent future grounding
`(6) recommendations for additional navigational aids or other mechanisms
for preventing future grounding incidents.
`(b) Identification of At-risk Reefs- The Administrator may--
`(1) use information from any inventory maintained under subsection (a)
or any other available information source to identify all coral reef areas
that have a high incidence of vessel impacts, including groundings and anchor
`(2) identify appropriate measures, including action by other agencies,
to reduce the likelihood of such impacts; and
`(3) develop a strategy and timetable to implement such measures, including
cooperative actions with other Government agencies and non-governmental
`SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
`(a) Regional Coordination- The Secretary and other Federal members of the
United States Coral Reef Task Force shall work in coordination and collaboration
with other Federal agencies and States to implement the strategies developed
under section 203, including regional and local strategies, to address multiple
threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel
impacts, and overharvesting.
`(b) Response and Restoration Activities- The Secretary shall enter into written
agreements with any States in which coral reefs are located regarding the
manner in which response and restoration activities will be conducted within
the affected State's waters. Nothing in this subsection shall be construed
to limit Federal response and restoration activity authority before any such
agreement is final.
`(c) Cooperative Enforcement Agreements- All cooperative enforcement agreements
in place between the Secretary and States affected by this title shall be
updated to include enforcement of this title where appropriate.
`SEC. 212. AGREEMENTS.
`(a) In General- The Administrator may execute and perform such contracts,
leases, grants, or cooperative agreements as may be necessary to carry out
the purposes of this title.
`(b) Funding- Under an agreement entered into under subsection (a), the Secretary
may fulfill the terms of the agreement by reimbursing or providing appropriated
funds to, and may receive funds or reimbursements from, Federal agencies,
instrumentalities and laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign governments;
universities and research centers; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons or entities,
as necessary for purposes identified in section 202 and actions taken under
subsections (a) through (d) of section 206.
`(c) Multiyear Cooperative Agreements- The Administrator may enter into multiyear
cooperative agreements with the heads of other Federal agencies, States, local
governments, academic institutions, including marine laboratories and coral
reef institutes, and nongovernmental organizations to carry out the activities
of the national coral reef action strategy developed under section 203 and
to implement regional strategies developed pursuant to section 211.
`(d) Use of Other Agencies' Resources- For purposes related to the conservation,
preservation, protection, restoration, or replacement of coral reefs or coral
reef ecosystems and the enforcement of this title, the Administrator is authorized
to use, with their consent and with or without reimbursement, the land, services,
equipment, personnel, and facilities of any Department, agency, or instrumentality
of the United States, or of any State, local government, or Indian tribal
government, or of any political subdivision thereof, or of any foreign government
or international organization.
`SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION STRATEGY.
`(a) International Coral Reef Ecosystem Strategy-
`(1) IN GENERAL- Not later than 1 year after the date of enactment of the
Coral Reef Conservation Act Reauthorization and Enhancement Amendments of
2011, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural Resources
and the Committee on Foreign Affairs of the House of Representatives, and
publish in the Federal Register, an international coral reef ecosystem strategy,
consistent with the purposes of this title and the national strategy required
pursuant to section 203(a). The Secretary shall periodically review and
revise this strategy as necessary.
`(2) CONTENTS- The strategy developed by the Secretary under paragraph (1)
`(A) identify coral reef ecosystems throughout the world that are of high
value for United States marine resources, that support high-seas resources
of importance to the United States such as fisheries, or that support
other interests of the United States;
`(B) summarize existing activities by Federal agencies and entities described
in subsection (b) to address the conservation of coral reef ecosystems
identified pursuant to subparagraph (A);
`(C) establish goals, objectives, and specific targets for conservation
of priority international coral reef ecosystems;
`(D) describe appropriate activities to achieve the goals and targets
for international coral reef conservation, in particular those that leverage
activities already conducted under this title;
`(E) develop a plan to coordinate implementation of the strategy with
entities described in subsection (b) in order to leverage current activities
under this title and other conservation efforts globally;
`(F) identify appropriate partnerships, grants, or other funding and technical
assistance mechanisms to carry out the strategy; and
`(G) develop criteria for prioritizing partnerships under subsection (c).
`(b) Coordination- In carrying out this section, the Secretary shall consult
with the Secretary of State, the Administrator of the Agency for International
Development, the Secretary of the Interior, and other relevant Federal agencies,
and relevant United States stakeholders, and shall take into account coral
reef ecosystem conservation initiatives of other nations, international agreements,
and intergovernmental and nongovernmental organizations so as to provide effective
cooperation and efficiencies in international coral reef conservation. The
Secretary may consult with the United States Coral Reef Task Force in carrying
out this subsection.
`(c) International Coral Reef Ecosystem Partnerships-
`(1) IN GENERAL- The Secretary may establish an international coral reef
ecosystem partnership program to provide support, including funding and
technical assistance, for activities that implement the strategy developed
pursuant to subsection (a).
`(2) MECHANISMS- The Secretary shall provide such support working in collaboration
with the entities described in subsection (b).
`(3) CRITERIA FOR APPROVAL- The Secretary may not approve a partnership
proposal under this section unless the partnership is consistent with the
international coral reef conservation strategy developed pursuant to subsection
(a), and meets the criteria specified in that strategy.
`(d) Priority for Certain Projects Conducted by States- In implementing this
section, the Secretary shall give priority consideration to regional initiatives
and projects that States are participating in with other nations.
`SEC. 214. PERMITS.
`(a) In General- The Administrator may, in accordance with this section and
regulations issued under this title, issue a permit authorizing the conduct
of bona fide research.
`(b) Exempt Activities- No permit under this section is required for an activity
that is exempt from liability under section 206(e).
`(c) Terms and Conditions- The Administrator may place any terms and conditions
on a permit issued under this section that the Administrator deems reasonable.
`(1) ASSESSMENT AND COLLECTION- Subject to regulations issued under this
title, the Administrator may assess and collect fees as specified in this
`(2) AMOUNT- Any fee assessed shall be equal to the sum of--
`(A) all costs incurred, or expected to be incurred, by the Administrator
in processing the permit application, including indirect costs; and
`(B) if the permit is approved, all costs incurred, or expected to be
incurred, by the Administrator as a direct result of the conduct of the
activity for which the permit is issued.
`(3) USE OF FEES- Amounts collected by the Administrator in the form of
fees under this section shall be collected and available for use only to
the extent provided in advance in appropriations Acts and may be used by
the Administrator for issuing and administering permits under this section.
`(4) WAIVER OR REDUCTION OF FEES- For any fee assessed under paragraph (2)
of this subsection, the Administrator may--
`(A) accept in-kind contributions in lieu of a fee; or
`(B) waive or reduce the fee.
`(e) Fishing- Nothing in this section shall be considered to require a person
to obtain a permit under this section for the conduct of any fishing activity
that is not prohibited by this title or regulations issued under this title.
`SEC. 215. REGULATIONS; APPLICATION IN ACCORDANCE WITH INTERNATIONAL LAW.
`(a) Regulations- The Administrator may issue such regulations as are necessary
and appropriate to carry out the purposes of sections 206 and 214.
`(b) Relationship to International Law- This title and any regulations promulgated
under this title shall be applied in accordance with international law. No
restrictions shall apply to or be enforced against a person who is not a citizen,
national, or resident alien of the United States (including foreign flag vessels)
unless in accordance with international law.'.
SEC. 106. CLARIFICATION OF DEFINITIONS.
Section 218, as redesignated by section 105 of this Act (relating to definitions;
16 U.S.C. 6409), is further amended--
(1) by amending paragraph (2) to read as follows:
`(2) CONSERVATION- The term `conservation' means the use of methods and
procedures that are necessary to preserve or sustain coral reefs and associated
species as resilient diverse, viable, and self-perpetuating coral reef ecosystems,
`(A) all activities associated with resource management, such as assessment,
conservation, protection, restoration, sustainable use, and management
`(C) monitoring of coral reef ecosystems;
`(D) development and implementation of management strategies for marine
protected area or networks thereof 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.);
`(F) conflict resolution initiatives;
`(G) community outreach and education; and
`(H) activities that promote safe and ecologically sound navigation.';
(2) by amending paragraph (3) to read as follows:
`(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 (organ-pipe corals
and others), Alcyonacea (soft corals), and Helioporacea (blue coral),
of the class Anthozoa; and
`(B) all species of the families Milleporidae (fire corals) and Stylasteridae
(stylasterid hydrocorals), of the class Hydrozoa.';
(3) by amending paragraph (4) to read as follows:
`(4) CORAL REEF- The term `coral reef' means a limestone structure, in the
form of a reef or shoal, comprised in whole or in part by living coral,
skeletal remains of coral, and other associated sessile marine plants and
(4) by amending paragraph (5) to read as follows:
`(5) CORAL REEF ECOSYSTEM- The term `coral reef ecosystem' means a system
of coral reefs and geographically associated species, habitats, and environment,
including mangroves and seagrass habitats, and the processes that control
its dynamics.'; and
(5) by redesignating paragraphs (7) and (8) in order as paragraphs (8) and
(9), respectively, and by inserting after paragraph (6) the following:
`(7) CORAL REEF COMPONENT- The term `coral reef component' means any part
of a coral reef, including individual living coral, skeletal remains of
coral, and other associated sessile marine plants and animals, and any adjacent
or associated seagrasses.'.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
Section 217, as redesignated by section 105 of this Act (relating to authorization
of appropriations; 16 U.S.C. 6408), is further amended--
(1) by amending subsection (a) to read as follows:
`(a) In General- There are authorized to be appropriated to the Secretary
of Commerce to carry out this title $30,000,000 for fiscal year 2011, $32,000,000
for fiscal year 2012, $34,000,000 for fiscal year 2013, and $35,000,000 for
fiscal years 2014 and 2015.';
(2) in subsection (b) by striking `$1,000,000' and inserting `$2,000,000';
(3) by striking subsection (c) and inserting the following:
`(c) Management and Planning- There is authorized to be appropriated to the
Administrator $7,000,000 for each of fiscal years 2011 through 2015 to remain
available until expended--
`(1) to provide grants under section 209; and
`(2) to provide grants to States to strengthen coral reef and coral reef
ecosystem management capabilities.'; and
(4) by striking subsection (d) and inserting the following:
`(d) Department of the Interior- There is authorized to be appropriated to
the Secretary of the Interior to carry out this Act $5,000,000 for each of
fiscal years 2011 through 2015.'.
TITLE II--UNITED STATES CORAL REEF TASK FORCE
SEC. 201. UNITED STATES CORAL REEF TASK FORCE.
(a) Establishment- There is hereby established the United States Coral Reef
(b) Goal- The goal of the Task Force shall be to lead, coordinate, and strengthen
Federal Government actions to better preserve and protect coral reef ecosystems.
(c) Duties- The duties of the Task Force shall be--
(1) to coordinate, in cooperation with State and local government partners,
academic partners, and nongovernmental partners if appropriate, activities
regarding the mapping, monitoring, research, conservation, mitigation, restoration
of coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the policy and Federal
agency responsibilities set forth in Executive Order 13089 and the national
coral reef action strategy developed under section 203 of the Coral Reef
Conservation Act of 2000, as amended by this Act; and
(3) to work with the Secretary of State and the Administrator of the Agency
for International Development, and in coordination with the other members
of the Task Force, to--
(A) assess the United States role in international trade and protection
of coral species; and
(B) encourage implementation of appropriate strategies and actions to
promote conservation and sustainable use of coral reef resources worldwide.
(d) Membership, Generally- The Task Force shall be comprised of--
(1) the Secretary of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration, and the Secretary of the Interior,
who shall be co-chairs of the Task Force;
(2) the Administrator of the Agency of International Development;
(3) the Secretary of Agriculture;
(4) the Secretary of Defense;
(5) the Secretary of the Army, acting through the Corps of Engineers;
(6) the Secretary of Homeland Security;
(7) the Attorney General;
(8) the Secretary of State;
(9) the Secretary of Transportation;
(10) the Administrator of the Environmental Protection Agency;
(11) the Administrator of the National Aeronautics and Space Administration;
(12) the Director of the National Science Foundation;
(13) the Governor, or a representative of the Governor, of the Commonwealth
of the Northern Mariana Islands;
(14) the Governor, or a representative of the Governor, of the Commonwealth
of Puerto Rico;
(15) the Governor, or a representative of the Governor, of the State of
(16) the Governor, or a representative of the Governor, of the State of
(17) the Governor, or a representative of the Governor, of the Territory
(18) the Governor, or a representative of the Governor, of the Territory
of American Samoa; and
(19) the Governor, or a representative of the Governor, of the Virgin Islands.
(e) Nonvoting Members- The President, or a representative of the President,
of each of the Freely Associated States of the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau may appoint
a nonvoting member of the Task Force.
(f) Responsibilities of Federal Agency Members-
(1) IN GENERAL- The Federal agency members of the Task Force shall--
(A) identify the actions of their agencies that may affect coral reef
(B) utilize the programs and authorities of their agencies to protect
and enhance the conditions of such ecosystems; and
(C) assist in the implementation of the National Action Plan to Conserve
Coral Reefs, the national coral reef action strategy developed under section
203 of the Coral Reef Conservation Act of 2000, as amended by this Act,
the local action strategies, and any other coordinated efforts approved
by the Task Force.
(2) CO-CHAIRS- In addition to their responsibilities under paragraph (1),
the co-chairs of the Task Force shall administer performance of the functions
of the Task Force and facilitate the coordination of the Federal agency
members of the Task Force.
(1) IN GENERAL- The co-chairs of the Task Force may establish working groups
as necessary to meet the goals and duties of this title. The Task Force
may request the co-chairs to establish such a working group.
(2) PARTICIPATION BY NONGOVERNMENTAL ORGANIZATIONS- The co-chairs may allow
a nongovernmental organization or academic institution to participate in
such a working group.
(h) FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Task Force.
(i) Definitions- The definitions in section 218 of the Coral Reef Conservation
Act of 2000, as amended by this Act, shall apply to this section.
TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES
SEC. 301. CORAL REEF CONSERVATION ASSISTANCE.
(a) In General- The Secretary of the Interior may provide technical assistance
and, subject to the availability of appropriations, financial assistance for
the conservation of coral reefs.
(b) Definitions- In this section each of the terms `conservation' and `coral
reef' has the meaning that term has under section 218 of the Coral Reef Conservation
Act of 2000 (16 U.S.C. 6409), amended by this Act.
SEC. 302. NATIONAL CORAL REEF ACTION STRATEGY.
Section 203(a) (16 U.S.C. 6402(a)) is amended by inserting `and the Secretary
of the Interior' after `the Administrator'.