S 46
112th CONGRESS
1st Session
S. 46
To reauthorize the Coral Reef Conservation Act of 2000, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, JANUARY 5), 2011
Mr. INOUYE (for himself, Mr. ROCKEFELLER, Mr. KERRY, Ms. SNOWE, and
Mr. NELSON of Florida) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To reauthorize the Coral Reef Conservation Act of 2000, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Coral Reef Conservation
Amendments Act of 2011'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements; redesignations.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Study of trade in corals.
Sec. 11. International coral reef conservation activities.
Sec. 12. Community-based planning grants.
Sec. 13. Vessel grounding inventory.
Sec. 14. Prohibited activities.
Sec. 15. Destruction of coral reefs.
Sec. 18. Regional, State, and Territorial coordination.
Sec. 20. Effectiveness and assessment report.
Sec. 21. Authorization of appropriations.
Sec. 22. Judicial review.
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 et seq.).
SEC. 3. PURPOSES.
Section 202 (16 U.S.C. 6401) is amended to read as follows:
`SEC. 202. PURPOSES.
`The purposes of this Act are--
`(1) to preserve, sustain, and restore the condition of coral reef
ecosystems;
`(2) to promote the wise management and sustainable use of coral reef
ecosystems to benefit local communities, the Nation, and the world;
`(3) to develop sound scientific information on the condition of coral
reef ecosystems and the threats to such ecosystems;
`(4) to assist in the preservation of coral reef ecosystems by supporting
conservation programs, including projects that involve affected local
communities and nongovernmental organizations;
`(5) to provide financial resources for those programs and projects;
`(6) to establish a formal mechanism for collecting and allocating
monetary donations from the private sector to be used for coral reef
conservation projects; and
`(7) to provide mechanisms to prevent and minimize damage to coral
reefs.'.
SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.
Section 203 (16 U.S.C. 6402) is amended to read as follows:
`(a) IN GENERAL- Not later than 180 days after the date of the enactment
of the Coral Reef Conservation Amendments Act of 2011, the Secretary
shall submit to the Senate Committee on Commerce, Science, and Transportation
and to the House of Representatives Committee on Natural Resources and
publish in the Federal Register a national coral reef ecosystem action
strategy, consistent with the purposes of this title. The Secretary
shall periodically review and revise the strategy as necessary. In developing
this national strategy, the Secretary may consult the Coral Reef Task
Force established under Executive Order 13089 (June 11, 1998).
`(b) GOALS AND OBJECTIVES- The action strategy shall include a statement
of goals and objectives as well as an implementation plan, including
a description of the funds obligated each fiscal year to advance coral
reef conservation. The action strategy and implementation plan shall
include discussion of--
`(1) coastal uses and management, including land-based sources of
pollution;
`(3) water and air quality;
`(4) mapping and information management;
`(5) research, monitoring, and assessment;
`(6) international and regional issues;
`(7) outreach and education;
`(8) local strategies developed by the States or Federal agencies,
including regional fishery management councils; and
SEC. 5. CORAL REEF CONSERVATION PROGRAM.
(a) IN GENERAL- Section 204 (16 U.S.C. 6403) is amended--
(1) by striking `Secretary, through the Administrator and' in subsection
(a) and inserting `Secretary,';
(2) by striking subsection (c) and inserting the following:
`(c) ELIGIBILITY- Any natural resource management authority of a State
or other government authority with jurisdiction over coral reef ecosystems,
or whose activities directly or indirectly affect coral reef ecosystems,
or educational or nongovernmental institutions with demonstrated expertise
in the conservation of coral reef ecosystems, may submit a coral conservation
proposal to the Secretary under subsection (e).';
(3) by striking `GEOGRAPHIC AND BIOLOGICAL' in the heading for subsection
(d) and inserting `PROJECT';
(4) by striking paragraph (3) of subsection (d) 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 Secretary; and
`(B) other appropriate projects, as determined by the Secretary,
including monitoring and assessment, research, pollution reduction,
education, and technical support.';
(5) by striking subsection (g) and inserting the following:
`(g) CRITERIA FOR APPROVAL- The Secretary may not approve a project
proposal under this section unless the project is consistent with the
coral reef action strategy under section 203 and will enhance the conservation
of coral reef ecosystems nationally or internationally by--
`(1) implementing coral conservation programs which promote sustainable
development and ensure effective, long-term conservation of coral
reef ecosystems and biodiversity;
`(2) addressing the conflicts arising from the use of environments
near coral reef ecosystems or from the use of corals, species associated
with coral reef ecosystems, and coral products;
`(3) enhancing compliance with laws that prohibit or regulate the
taking of coral products or species associated with coral reef ecosystems
or regulate the use and management of coral reef ecosystems;
`(4) developing sound scientific information on the condition of coral
reef ecosystems or the threats to such ecosystems and their biodiversity,
including factors that cause coral disease, ocean acidification, and
bleaching;
`(5) promoting and assisting the implementation of cooperative coral
reef ecosystem conservation projects that involve affected local communities,
nongovernmental organizations, or others in the private sector;
`(6) increasing public knowledge and awareness of coral reef ecosystems
and issues regarding their long-term conservation, including how they
function to protect coastal communities;
`(7) mapping the location, distribution, and biodiversity of coral
reef ecosystems;
`(8) developing and implementing techniques to monitor and assess
the status and condition of coral reef ecosystems and biodiversity;
`(9) developing and implementing cost-effective methods to restore
degraded coral reef ecosystems and biodiversity;
`(10) responding to, or taking action to help mitigate the effects
of, coral disease, ocean acidification, and bleaching events;
`(11) promoting activities designed to prevent or minimize damage
to coral reef ecosystems, including the promotion of ecologically
sound navigation and anchorages; or
`(12) 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 systems.'; and
(6) by striking `coral reefs' in subsection (j) and inserting `coral
reef ecosystems'.
(b) CONFORMING AMENDMENTS- Subsections (b), (d), (e), (f), (h), (i),
and (j) of section 204 (16 U.S.C. 6403) are each amended by striking
`Administrator' each place it appears and inserting `Secretary'.
SEC. 6. CORAL REEF CONSERVATION FUND.
Section 205 (16 U.S.C. 6404) is amended--
(1) by striking subsection (a) and inserting the following:
`(a) FUND- The Secretary may enter into agreements with nonprofit organizations
promoting coral reef ecosystem conservation by authorizing such organizations
to receive, hold, and administer funds received pursuant to this section.
Such organizations shall invest, reinvest, and otherwise administer
the funds and maintain such funds and any interest or revenues earned
in a separate interest-bearing account (referred to in section 219(a)
as the Fund) established by such organizations solely to support partnerships
between the public and private sectors that further the purposes of
this title and are consistent with the national coral reef action strategy
under section 203.';
(2) by striking `the grant program' in subsection (c) and inserting
`any grant program'; and
(3) by striking `Administrator' in subsections (c) and (d) and inserting
`Secretary'.
SEC. 7. AGREEMENTS; REDESIGNATIONS.
The Act (16 U.S.C. 6401 et seq.) is amended--
(1) by redesignating section 206 (16 U.S.C. 6405) as section 207;
(2) by redesignating section 207 (16 U.S.C. 6406) as section 208;
(3) by redesignating section 208 (16 U.S.C. 6407) as section 218;
(4) by redesignating section 209 (16 U.S.C. 6408) as section 219;
(5) by redesignating section 210 (16 U.S.C. 6409) as section 221;
and
(6) by inserting after section 205 (16 U.S.C. 6404) the following:
`SEC. 206. AGREEMENTS.
`(a) IN GENERAL- The Secretary may execute and perform such contracts,
leases, grants, cooperative agreements, or other transactions as may
be necessary to carry out the purposes of this title.
`(b) COOPERATIVE AGREEMENTS- In addition to the general authority provided
by subsection (a), the Secretary may enter into, extend, or renegotiate
agreements with universities and research centers with national or regional
coral reef research institutes to conduct ecological research and monitoring
explicitly aimed at building capacity for more effective resource management.
Pursuant to any such agreements these institutes shall--
`(1) collaborate directly with governmental resource management agencies,
non-profit organizations, and other research organizations;
`(2) build capacity within resource management agencies to establish
research priorities, plan interdisciplinary research projects and
make effective use of research results; and
`(3) conduct public education and awareness programs for policy makers,
resource managers, and the general public on coral reef ecosystems,
best practices for coral reef and ecosystem management and conservation,
their value, and threats to their sustainability.
`(c) 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 Secretary
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, tribal government, Territory or possession, or of any political
subdivision thereof, or of any foreign government or international organization.
`(d) Authority To Utilize Grant Funds-
`(1) Except as provided in paragraph (2), the Secretary may apply
for, accept, and obligate research grant funding from any Federal
source operating competitive grant programs where such funding furthers
the purpose of this title.
`(2) The Secretary may not apply for, accept, or obligate any grant
funding under paragraph (1) for which the granting agency lacks authority
to grant funds to Federal agencies, or for any purpose or subject
to conditions that are prohibited by law or regulation.
`(3) Appropriated funds may be used to satisfy a requirement to match
grant funds with recipient agency funds, except that no grant may
be accepted that requires a commitment in advance of appropriations.
`(4) Funds received from grants shall be deposited in the National
Oceanic and Atmospheric Administration account for the purpose for
which the grant was awarded.
`(e) Transfer of Funds- Under an agreement entered into pursuant to
subsection (a), and subject to the availability of funds, the Secretary
may transfer funds to, and may accept transfers of funds from, Federal
agencies, instrumentalities and laboratories, State and local governments,
Indian tribes (as defined in section 4 of the Indian Self-Determination
and Educational Assistance Act (25 U.S.C. 450(b)), organizations and
associations representing Native Americans, native Hawaiians, and Native
Pacific Islanders, educational institutions, nonprofit organizations,
commercial organizations, and other public and private persons or entities,
except that no more than 5 percent of funds appropriated to carry out
this section may be transferred. The 5 percent limitation shall not
apply to section 204 or section 210.'.
SEC. 8. EMERGENCY ASSISTANCE.
Section 207 (formerly 16 U.S.C. 6405), as redesignated by section 7
of this Act, is amended to read as follows:
`SEC. 207. EMERGENCY ASSISTANCE.
`The Secretary, in cooperation with the Federal Emergency Management
Agency, as appropriate, may provide assistance to any State, local,
or territorial government agency with jurisdiction over coral reef ecosystems
to address any unforeseen or disaster-related circumstance pertaining
to coral reef ecosystems.'.
SEC. 9. NATIONAL PROGRAM.
Section 208 (formerly 16 U.S.C. 6406), as redesignated by section 7
of this Act, is amended to read as follows:
`SEC. 208. NATIONAL PROGRAM.
`(a) IN GENERAL- Subject to the availability of appropriations, the
Secretary may conduct activities, including with local, State, regional,
or international programs and partners, as appropriate, to conserve
coral reef ecosystems, that are consistent with this title, the National
Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, the
Magnuson-Stevens Fishery Conservation and Management Act, the Endangered
Species Act of 1973, and the Marine Mammal Protection Act of 1972.
`(b) AUTHORIZED ACTIVITIES- Activities authorized under subsection (a)
include--
`(1) mapping, monitoring, assessment, restoration, socioeconomic and
scientific research that benefit the understanding, sustainable use,
biodiversity, and long-term conservation of coral reef ecosystems;
`(2) enhancing public awareness, education, understanding, and appreciation
of coral reef ecosystems;
`(3) removing, and providing assistance to States in removing, abandoned
fishing gear, marine debris, and abandoned vessels from coral reef
ecosystems to conserve living marine resources;
`(4) responding to incidents and events that threaten and damage coral
reef ecosystems;
`(5) conservation and management of coral reef ecosystems;
`(6) 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
`(7) activities designed to prevent or minimize damage to coral reef
ecosystems, including those activities described in section 212 of
this title.
`(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 Secretary may--
`(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; and
`(4) develop metadata standards for coral reef ecosystems in accordance
with Federal Geographic Data Committee guidelines.
`(d) Emergency Response, Stabilization, and Restoration-
`(1) Establishment of account- The Secretary shall establish an account
(to be called the Emergency Response, Stabilization, and Restoration
Account) in the Damage Assessment Restoration Revolving Fund established
by the Department of Commerce Appropriations Act, 1991 (33 U.S.C.
2706 note), for implementation of this subsection for emergency actions.
Amounts appropriated for the Account under section 219, and funds
authorized by sections 213(d)(1)(C)(ii) and 214(f)(3)(B), shall be
deposited into the Account and made available for use by the Secretary
as specified in sections 213 and 214.
`(2) Deposit and investment of certain funds- Any amounts received
by the United States pursuant to sections 213(d)(1)(C)(ii) and 212(f)(3)(B)
shall be deposited into the Emergency Response, Stabilization and
Restoration Account established under paragraph (1). The Secretary
of Commerce may request the Secretary of the Treasury to invest such
portion of the Damage Assessment Restoration Revolving Fund as is
not, in the judgment of the Secretary of Commerce, required to meet
the current needs of the fund. Such investments shall be made by the
Secretary of the Treasury in public debt securities, with maturities
suitable to the needs of the fund, as determined by the Secretary
of Commerce and bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturity. Interest earned by such investments shall be available for
use by the Secretary without further appropriation and remain available
until expended.'.
SEC. 10. STUDY OF TRADE IN CORALS.
(a) IN GENERAL- The Secretary of Commerce, in consultation with the
Secretary of the Interior, shall conduct a study on the economic, social,
and environmental values and impacts of the United States market in
corals and coral products.
(b) CONTENTS- The study shall--
(1) assess the economic and other values of the United States market
in coral and coral products, including import and export trade;
(2) identify primary coral species used in the coral and coral product
trade and locations of wild harvest;
(3) assess the environmental impacts associated with wild harvest
of coral;
(4) assess the effectiveness of current public and private programs
aimed at promoting conservation in the coral and coral product trade;
(5) identify economic and other incentives for coral reef conservation
as part of the coral and coral product trade; and
(6) identify additional actions, if necessary, to ensure that the
United States market in coral and coral products does not contribute
to the degradation of coral reef ecosystems.
(c) REPORT- Not later than 30 months after the date of enactment of
this Act, the Secretary shall submit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Natural Resources a report of the study.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary to carry out this section $100,000.
SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
208, as redesignated by section 7 of this Act, the following:
`SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.
`(a) INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES-
`(1) IN GENERAL- The Secretary shall carry out international coral
reef conservation activities consistent with the purposes of this
Act with respect to coral reef ecosystems in waters outside the United
States jurisdiction. The Secretary shall develop and implement an
international coral reef ecosystem strategy pursuant to subsection
(b).
`(2) COORDINATION- In carrying out this subsection, 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 Coral Reef Task Force in carrying out this subsection.
`(b) International Coral Reef Ecosystem Strategy-
`(1) IN GENERAL- Not later than 1 year after the date of enactment
of the Coral Reef Conservation Amendments Act of 2011, the Secretary
shall submit to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Natural Resources, and
publish in the Federal Register, an international coral reef ecosystem
strategy, consistent with the purposes of this Act 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) shall--
`(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 (a)(2) 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 Act;
`(E) develop a plan to coordinate implementation of the strategy
with entities described in subsection (a)(2) in order to leverage
current activities under this Act 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).
`(c) International Coral Reef Ecosystem Partnerships-
`(1) IN GENERAL- The Secretary shall 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 (b).
`(2) MECHANISMS- The Secretary shall provide such support through
existing authorities, working in collaboration with the entities described
in subsection (a)(2).
`(3) Agreements- The Secretary may execute and perform such contracts,
leases, grants, cooperative agreements, or other transactions as may
be necessary to carry out the purposes of this section.
`(4) Transfer of funds- To implement this section and subject to the
availability of funds, the Secretary may transfer funds to a foreign
government or international organization, and may accept transfers
of funds from such entities, except that no more than 5 percent of
funds appropriated to carry out this section may be transferred.
`(5) 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 (b), and meets the criteria specified in that strategy.'.
SEC. 12. COMMUNITY-BASED PLANNING GRANTS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
209, as added by section 11 of this Act, the following:
`SEC. 210. COMMUNITY-BASED PLANNING GRANTS.
`(a) IN GENERAL- The Secretary may make grants to entities that have
received grants under section 204 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 1 or more of the criteria described in
section 204(g);
`(2) be developed at the community level;
`(3) utilize watershed-based approaches;
`(4) provide for coordination with Federal and State experts and managers;
and
`(5) build upon local approaches, strategies, or models, including
traditional or island-based resource management concepts.
`(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. 13. VESSEL GROUNDING INVENTORY.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
210, as added by section 12 of this Act, the following:
`SEC. 211. VESSEL GROUNDING INVENTORY.
`(a) IN GENERAL- The Secretary may maintain an inventory of all vessel
grounding incidents involving coral reefs, including a description of--
`(1) the impacts to affected coral reef ecosystems;
`(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 Secretary, 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 incidents; and
`(6) recommendations for additional navigational aids or other mechanisms
for preventing future grounding incidents.
`(b) IDENTIFICATION OF AT-RISK REEFS- The Secretary may--
`(1) use information from any inventory maintained under subsection
(a) or any other available information source to identify coral reef
ecosystems that have a high incidence of vessel impacts, including
groundings and anchor damage;
`(2) identify appropriate measures, including the acquisition and
placement of aids to navigation, moorings, designated anchorage areas,
fixed anchors and other devices, 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
partners.'.
SEC. 14. PROHIBITED ACTIVITIES.
(a) IN GENERAL- The Act (16 U.S.C. 6401 et seq.) is amended by inserting
after section 211, as added by section 13 of this Act, the following:
`SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.
`(a) PROVISIONS AS COMPLEMENTARY- The provisions of this section are
in addition to, and shall not affect the operation of, other Federal,
State, or local laws or regulations providing protection to coral reef
ecosystems.
`(b) Destruction, Loss, Taking, or Injury-
`(1) IN GENERAL- Except as provided in paragraph (2), it is unlawful
for any person to destroy, take, cause the loss of, or injure any
coral reef or any component thereof.
`(2) EXCEPTIONS- The destruction, loss, taking, or injury of a coral
reef or any component thereof is not unlawful if it--
`(A) was caused by the use of fishing gear used in a manner permitted
under the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) or other Federal or State law;
`(B) was caused by an activity that is authorized or allowed by
Federal or State law (including lawful discharges from vessels,
such as graywater, cooling water, engine exhaust, ballast water,
or sewage from marine sanitation devices), unless the destruction,
loss, or injury resulted from actions such as vessel groundings,
vessel scrapings, anchor damage, excavation not authorized by Federal
or State permit, or other similar activities;
`(C) was the necessary result of bona fide marine scientific research
(including marine scientific research activities approved by Federal,
State, or local permits), other than excessive sampling or collecting,
or actions such as vessel groundings, vessel scrapings, anchor damage,
excavation, or other similar activities;
`(D) was caused by a Federal Government agency--
`(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 or search and
rescue; and
could not reasonably be avoided; or
`(E) was caused by an action taken by the master of the vessel in
an emergency situation to ensure the safety of the vessel or to
save a life at sea.
`(c) INTERFERENCE WITH ENFORCEMENT- It is unlawful for any person to
interfere with the enforcement of this title by--
`(1) refusing to permit any officer authorized to enforce this title
to board a vessel (other than a vessel operated by the Department
of Defense or United States Coast Guard) subject to such person's
control for the purposes of conducting any search or inspection in
connection with the enforcement of this title;
`(2) resisting, opposing, impeding, intimidating, harassing, bribing,
interfering with, or forcibly assaulting any person authorized by
the Secretary to implement this title or any such authorized officer
in the conduct of any search or inspection performed under this title;
or
`(3) submitting false information to the Secretary or any officer
authorized to enforce this title in connection with any search or
inspection conducted under this title.
`(d) VIOLATIONS OF TITLE, PERMIT, OR REGULATION- It is unlawful for
any person to violate any provision of this title, any permit issued
pursuant to this title, or any regulation promulgated pursuant to this
title.
`(e) POSSESSION AND DISTRIBUTION- It is unlawful for any person to possess,
sell, deliver, carry, transport, or ship by any means any coral taken
in violation of this title.'.
(b) EMERGENCY ACTION REGULATIONS- The Secretary of Commerce shall initiate
a rulemaking proceeding to prescribe the circumstances and conditions
under which the exception in section 212(b)(2)(E) of the Coral Reef
Conservation Act of 2000, as amended by subsection (a), applies and
shall issue a final rule pursuant to that rulemaking as soon as practicable
but not later than 1 year after the date of enactment of this Act. Nothing
in this subsection shall be construed to require the issuance of such
regulations before the exception provided by that section is in effect.
SEC. 15. DESTRUCTION OF CORAL REEFS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
212, as added by section 14 of this Act, the following:
`SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.
`(1) LIABILITY TO THE UNITED STATES- Except as provided in subsection
(f), all persons who engage in an activity that is prohibited under
subsections (b) or (d) of section 212, or create an imminent risk
thereof, are liable, jointly and severally, to the United States for
an amount equal to the sum of--
`(A) response costs and damages resulting from the destruction,
loss, taking, or injury, or imminent risk thereof, including damages
resulting from the response actions;
`(B) costs of seizure, forfeiture, storage, and disposal arising
from liability under this section; and
`(C) interest on that amount calculated in the manner described
in section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705).
`(A) Any vessel used in an activity that is prohibited under subsection
(b) or (d) of section 212, or creates an imminent risk thereof,
shall be liable in rem to the United States for an amount equal
to the sum of--
`(i) response costs and damages resulting from such destruction,
loss, or injury, or imminent risk thereof, including damages resulting
from the response actions;
`(ii) costs of seizure, forfeiture, storage, and disposal arising
from liability under this section; and
`(iii) interest on that amount calculated in the manner described
in section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705).
`(B) The amount of liability shall constitute a maritime lien on
the vessel and may be recovered in an action in rem in any district
court of the United States that has jurisdiction over the vessel.
`(3) DEFENSES- A person or vessel is not liable under this subsection
if that person or vessel establishes that the destruction, loss, taking,
or injury was caused solely by an act of God, an act of war, or an
act or omission of a third party (other than an employee or agent
of the defendant or one whose act or omission occurs in connection
with a contractual relationship, existing directly or indirectly with
the defendant), and the person or master of the vessel acted with
due care.
`(4) NO LIMIT TO LIABILITY- Nothing in sections 30501 through 30512
or section 30706 of title 46, United States Code, shall limit liability
to any person under this title.
`(b) Response Actions and Damage Assessment-
`(1) RESPONSE ACTIONS- The Secretary may undertake or authorize all
necessary actions to prevent or minimize the destruction, loss, or
taking of, or injury to, coral reefs, or components thereof, or to
minimize the risk or imminent risk of such destruction, loss, or injury.
`(A) The Secretary shall assess damages (as defined in section 221(8))
to coral reefs and shall consult with State officials regarding
response and damage assessment actions undertaken for coral reefs
within State waters.
`(B) There shall be no double recovery under this chapter for coral
reef damages, including the cost of damage assessment, for the same
incident.
`(c) Commencement of Civil Action for Response Costs and Damages-
`(1) COMMENCEMENT- The Attorney General, upon the request of the Secretary,
may commence a civil action against any person or vessel that may
be liable under subsection (a) of this section for response costs,
seizure, forfeiture, storage, or disposal costs, and damages, and
interest on that amount calculated in the manner described in section
1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). The Secretary,
acting as trustee for coral reefs for the United States, shall submit
a request for such an action to the Attorney General whenever a person
or vessel may be liable for such costs or damages.
`(2) VENUE IN CIVIL ACTIONS- A civil action under this title may be
brought in the United States district court for any district in which--
`(A) the defendant is located, resides, or is doing business, in
the case of an action against a person;
`(B) the vessel is located, in the case of an action against a vessel;
`(C) the destruction, loss, or taking of, or injury to a coral reef,
or component thereof, occurred or in which there is an imminent
risk of such destruction, loss, or injury; or
`(D) where some or all of the coral reef or component thereof that
is the subject of the action is not within the territory covered
by any United States district court, such action may be brought
either in the United States district court for the district closest
to the location where the destruction, loss, injury, or risk of
injury occurred, or in the United States District Court for the
District of Columbia.
`(d) Use of Recovered Amounts-
`(1) IN GENERAL- Any costs, including response costs and damages recovered
by the Secretary under this section shall--
`(A) be deposited into an account or accounts in the Damage Assessment
Restoration Revolving Fund established by the Department of Commerce
Appropriations Act, 1991 (33 U.S.C. 2706 note), or the Natural Resource
Damage Assessment and Restoration Fund established by the Department
of the Interior and Related Agencies Appropriations Act, 1992 (43
U.S.C. 1474b), as appropriate given the location of the violation;
`(B) be available for use by the Secretary without further appropriation
and remain available until expended; and
`(C) be for use, as the Secretary considers appropriate--
`(i) to reimburse the Secretary or any other Federal or State
agency that conducted activities under subsection (a) or (b) of
this section for costs incurred in conducting the activity;
`(ii) to be transferred to the Emergency Response, Stabilization
and Restoration Account established under section 208(d) to reimburse
that account for amounts used for authorized emergency actions;
and
`(iii) after reimbursement of such costs, to restore, replace,
or acquire the equivalent of any coral reefs, or components thereof,
including the reasonable costs of monitoring, or to minimize or
prevent threats of equivalent injury to, or destruction of coral
reefs, or components thereof.
`(2) RESTORATION CONSIDERATIONS- In development of restoration alternatives
under paragraph (1)(C), the Secretary shall consider State and territorial
preferences and, if appropriate, shall prioritize restoration projects
with geographic and ecological linkages to the injured resources.
`(e) STATUTE OF LIMITATIONS- An action for response costs or damages
under subsection (c) shall be barred unless the complaint is filed within
3 years after the date on which the Secretary completes a damage assessment
and restoration plan for the coral reefs, or components thereof, to
which the action relates.
`(f) FEDERAL GOVERNMENT ACTIVITIES- In the event of threatened or actual
destruction of, loss of, or injury to a coral reef or component thereof
resulting from an incident caused by a component of any Department or
agency of the United States Government, the cognizant Department or
agency shall satisfy its obligations under this section by promptly,
in coordination with the Secretary, taking appropriate actions to respond
to and mitigate the harm and restoring or replacing the coral reef or
components thereof and reimbursing the Secretary for all assessment
costs.
`(g) UNIFORMED SERVICE OFFICERS AND EMPLOYEES- No officer or employee
of a uniformed service (as defined in section 101 of title 10, United
States Code) shall be held liable under this section, either in such
officer's or employee's personal or official capacity, for any violation
of section 212 occurring during the performance of the officer's or
employee's official governmental duties.
`(h) CONTRACT EMPLOYEES- No contract employee of a uniformed service
(as so defined), serving as vessel master or crew member, shall be liable
under this section for any violation of section 212 if that contract
employee--
`(1) is acting as a contract employee of a uniformed service under
the terms of an operating contract for a vessel owned by a uniformed
service, or a time charter for pre-positioned vessels, special mission
vessels, or vessels exclusively transporting military supplies and
materials; and
`(2) is engaged in an action or actions over which such employee has
been given no discretion (e.g., anchoring or mooring at one or more
designated anchorages or buoys, or executing specific operational
elements of a special mission activity), as determined by the uniformed
service controlling the contract.'.
SEC. 16. ENFORCEMENT.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
213, as added by section 15 of this Act, the following:
`SEC. 214. ENFORCEMENT.
`(a) IN GENERAL- The Secretary shall conduct enforcement activities
to carry out this title.
`(b) Powers of Authorized Officers-
`(1) IN GENERAL- Any person who is authorized to enforce this title
may--
`(A) board, search, inspect, and seize any vessel or other conveyance
suspected of being used to violate this title, any regulation promulgated
under this title, or any permit issued under this title, and any
equipment, stores, and cargo of such vessel, except that such authority
shall not exist with respect to vessels owned or time chartered
by a uniformed service (as defined in section 101 of title 10, United
States Code) as warships or naval auxiliaries;
`(B) seize wherever found any component of coral reef taken or retained
in violation of this title, any regulation promulgated under this
title, or any permit issued under this title;
`(C) seize any evidence of a violation of this title, any regulation
promulgated under this title, or any permit issued under this title;
`(D) execute any warrant or other process issued by any court of
competent jurisdiction;
`(E) exercise any other lawful authority; and
`(F) arrest any person, if there is reasonable cause to believe
that such person has committed an act prohibited by section 212.
`(2) NAVAL AUXILIARY DEFINED- In this subsection, the term `naval
auxiliary' means a vessel, other than a warship, that is owned by
or under the exclusive control of a uniformed service and used at
the time of the destruction, take, loss or injury for government,
non-commercial service, including combat logistics force vessels,
pre-positioned vessels, special mission vessels, or vessels exclusively
used to transport military supplies and materials.
`(c) Civil Enforcement and Permit Sanctions-
`(1) CIVIL ADMINISTRATIVE PENALTY- Any person subject to the jurisdiction
of the United States who violates this title or any regulation promulgated
or permit issued hereunder, shall be liable to the United States for
a civil administrative penalty of not more than $200,000 for each
such violation, to be assessed by the Secretary. Each day of a continuing
violation shall constitute a separate violation. In determining the
amount of civil administrative penalty, the Secretary shall take into
account the nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the degree of culpability,
and any history of prior violations, and such other matters as justice
may require. In assessing such penalty, the Secretary may also consider
information related to the ability of the violator to pay.
`(2) PERMIT SANCTIONS- For any person subject to the jurisdiction
of the United States who has been issued or has applied for a permit
under this title, and who violates this title or any regulation or
permit issued under this title, the Secretary may deny, suspend, amend,
or revoke in whole or in part any such permit. For any person who
has failed to pay or defaulted on a payment agreement of any civil
penalty or criminal fine or liability assessed pursuant to any natural
resource law administered by the Secretary, the Secretary may deny,
suspend, amend or revoke in whole or in part any permit issued or
applied for under this title.
`(3) IMPOSITION OF CIVIL JUDICIAL PENALTIES- Any person who violates
any provision of this title, any regulation promulgated or permit
issued thereunder, shall be subject to a civil judicial penalty not
to exceed $250,000 for each such violation. Each day of a continuing
violation shall constitute a separate violation. The Attorney General,
upon the request of the Secretary, may commence a civil action in
an appropriate district court of the United States, and such court
shall have jurisdiction to award civil penalties and such other relief
as justice may require. In determining the amount of a civil penalty,
the court shall take into account the nature, circumstances, extent,
and gravity of the prohibited acts committed and, with respect to
the violator, the degree of culpability, any history of prior violations,
and such other matters as justice may require. In imposing such penalty,
the district court may also consider information related to the ability
of the violator to pay.
`(4) NOTICE- No penalty or permit sanction shall be assessed under
this subsection until after the person charged has been given notice
and an opportunity for a hearing.
`(5) IN REM JURISDICTION- A vessel used in violating this title, any
regulation promulgated under this title, or any permit issued under
this title, shall be liable in rem for any civil penalty assessed
for such violation. Such penalty shall constitute a maritime lien
on the vessel and may be recovered in an action in rem in the district
court of the United States having jurisdiction over the vessel.
`(6) COLLECTION OF PENALTIES- If any person fails to pay an assessment
of a civil penalty under this section after it has become a final
and unappealable order, or after the appropriate court has entered
final judgment in favor of the Secretary, the Secretary shall refer
the matter to the Attorney General, who shall recover the amount assessed
in any appropriate district court of the United States (plus interest
at current prevailing rates from the date of the final order). In
such action, the validity and appropriateness of the final order imposing
the civil penalty shall not be subject to review. Any person who fails
to pay, on a timely basis, the amount of an assessment of a civil
penalty shall be required to pay, in addition to such amount and interest,
attorney's fees and costs for collection proceedings and a quarterly
nonpayment penalty for each quarter during which such failure to pay
persists. Such nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person's penalties and nonpayment
penalties that are unpaid as of the beginning of such quarter.
`(7) COMPROMISE OR OTHER ACTION BY SECRETARY- The Secretary may compromise,
modify, or remit, with or without conditions, any civil administrative
penalty or permit sanction which is or may be imposed under this section
and that has not been referred to the Attorney General for further
enforcement action.
`(8) JURISIDICTION- The several district courts of the United States
shall have jurisdiction over any actions brought by the United States
arising under this section. For the purpose of this section, American
Samoa shall be included within the judicial district of the District
Court of the United States for the District of Hawaii. Each violation
shall be a separate offense and the offense shall be deemed to have
been committed not only in the district where the violation first
occurred, but also in any other district as authorized by law.
`(1) CRIMINAL FORFEITURE- A person who is convicted of an offense
in violation of this title shall forfeit to the United States--
`(A) any property, real or personal, constituting or traceable to
the gross proceeds taken, obtained, or retained, in connection with
or as a result of the offense, including, without limitation, any
coral reef or coral reef component (or the fair market value thereof);
and
`(B) any property, real or personal, used or intended to be used,
in any manner, to commit or facilitate the commission of the offense,
including, without limitation, any vessel (including the vessel's
equipment, stores, catch and cargo), vehicle, aircraft, or other
means of transportation.
Pursuant to section 2461(c) of title 28, United States Code, the provisions
of section 413 of the Controlled Substances Act (21 U.S.C. 853) other
than subsection (d) thereof shall apply to criminal forfeitures under
this section.
`(2) CIVIL FORFEITURE- The property set forth below shall be subject
to forfeiture to the United States in accordance with the provisions
of chapter 46 of title 18, United States Code, and no property right
shall exist in it:
`(A) Any property, real or personal, constituting or traceable to
the gross proceeds taken, obtained, or retained, in connection with
or as a result of a violation of this title, including, without
limitation, any coral reef or coral reef component (or the fair
market value thereof).
`(B) Any property, real or personal, used or intended to be used,
in any manner, to commit or facilitate the commission of a violation
of this title, including, without limitation, any vessel (including
the vessel's equipment, stores, catch and cargo), vehicle, aircraft,
or other means of transportation.
`(3) APPLICATION OF THE CUSTOMS LAWS- All provisions of law relating
to seizure, summary judgment, and judicial forfeiture and condemnation
for violation of the customs laws, the disposition of the property
forfeited or condemned or the proceeds from the sale thereof, the
remission or mitigation of such forfeitures, and the compromise of
claims shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title, insofar
as applicable and not inconsistent with the provisions hereof. For
seizures and forfeitures of property under this section by the Secretary,
such duties as are imposed upon the customs officer or any other person
with respect to the seizure and forfeiture of property under the customs
law may be performed by such officers as are designated by the Secretary
or, upon request of the Secretary, by any other agency that has authority
to manage and dispose of seized property.
`(4) PRESUMPTION- For the purposes of this section there is a rebuttable
presumption that all coral reefs, or components thereof, found on
board a vessel that is used or seized in connection with a violation
of this title or of any regulation promulgated under this title were
taken, obtained, or retained in violation of this title or of a regulation
promulgated under this title.
`(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS- Any person assessed
a civil penalty for a violation of this title or of any regulation promulgated
under this title and any claimant in a forfeiture action brought for
such a violation, shall be liable for the reasonable costs incurred
by the Secretary in storage, care, and maintenance of any property seized
in connection with the violation.
`(1) Notwithstanding section 3302 of title 31, United States Code,
or section 311 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861), amounts received by the United States as civil
penalties under subsection (c) of this section, forfeitures of property
under subsection (d) of this section, and costs imposed under subsection
(e) of this section, shall--
`(A) be placed into an account;
`(B) be available for use by the Secretary without further appropriation;
and
`(C) remain available until expended.
`(2) Amounts received under this section for forfeitures under subsection
(d) and costs imposed under subsection (e) shall be used to pay the
reasonable and necessary costs incurred by the Secretary to provide
temporary storage, care, maintenance, and disposal of any property
seized in connection with a violation of this title or any regulation
promulgated under this title.
`(3) Amounts received under this section as civil penalties under
subsection (c) of this section and any amounts remaining after the
operation of paragraph (2) of this subsection shall--
`(A) be used to stabilize, restore, or otherwise manage the coral
reef with respect to which the violation occurred that resulted
in the penalty or forfeiture;
`(B) be transferred to the Emergency Response, Stabilization, and
Restoration Account established under section 208(d) or an account
described in section 213(d)(1) of this title, to reimburse such
account for amounts used for authorized emergency actions;
`(C) be used to conduct monitoring and enforcement activities;
`(D) be used to conduct research on techniques to stabilize and
restore coral reefs;
`(E) be used to conduct activities that prevent or reduce the likelihood
of future damage to coral reefs;
`(F) be used to stabilize, restore or otherwise manage any other
coral reef; or
`(G) be used to pay a reward to any person who furnishes information
leading to an assessment of a civil penalty, or to a forfeiture
of property, for a violation of this title or any regulation promulgated
under this title.
`(g) Criminal Enforcement-
`(1) Any person (other than a foreign government or any entity of
such government) who knowingly commits any act prohibited by section
212(c) of this title shall be imprisoned for not more than 5 years
and shall be fined not more than $500,000 for individuals or $1,000,000
for an organization; except that if in the commission of any such
offense the individual uses a dangerous weapon, engages in conduct
that causes bodily injury to any officer authorized to enforce the
provisions of this title, or places any such officer in fear of imminent
bodily injury, the maximum term of imprisonment is not more than 10
years.
`(2) Any person (other than a foreign government or any entity of
such government) who knowingly violates subsection (b), (d), or (e)
of section 212 shall be fined under title 18, United States Code,
or imprisoned not more than 5 years or both.
`(3) Any person (other than a foreign government or any entity of
such government) who violates subsection (b), (d), or (e) of section
212, and who, in the exercise of due care should know that such person's
conduct violates subsection (b), (d), or (e) of section 212, shall
be fined under title 18, United States Code, or imprisoned not more
than 1 year, or both.
`(4) The several district courts of the United States shall have jurisdiction
over any actions brought by the United States arising under this subsection.
For the purpose of this subsection, American Samoa shall be included
within the judicial district of the District Court of the United States
for the District of Hawaii. Each violation shall be a separate offense
and the offense shall be deemed to have been committed not only in
the district where the violation first occurred, but also in any other
district as authorized by law. Any offenses not committed in any district
are subject to the venue provisions of section 3238 of title 18, United
States Code.
`(h) SUBPOENAS- In the case of any investigation or hearing under this
section or any other natural resource statute administered by the National
Oceanic and Atmospheric Administration which is determined on the record
in accordance with the procedures provided for under section 554 of
title 5, United States Code, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of relevant
papers, books, electronic files, and documents, and may administer oaths.
`(i) COAST GUARD AUTHORITY NOT LIMITED- Nothing in this section shall
be considered to limit the authority of the Coast Guard to enforce this
or any other Federal law under section 89 of title 14, United States
Code.
`(1) If the Secretary determines that there is an imminent risk of
destruction or loss of or injury to a coral reef, or that there has
been actual destruction or loss of, or injury to, a coral reef which
may give rise to liability under section 213 of this title, the Attorney
General, upon request of the Secretary, shall seek to obtain such
relief as may be necessary to abate such risk or actual destruction,
loss, or injury, or to restore or replace the coral reef, or both.
The district courts of the United States shall have jurisdiction in
such a case to order such relief as the public interest and the equities
of the case may require.
`(2) Upon the request of the Secretary, the Attorney General may seek
to enjoin any person who is alleged to be in violation of any provision
of this title, or any regulation or permit issued under this title,
and the district courts shall have jurisdiction to grant such relief.
`(k) AREA OF APPLICATION AND ENFORCEABILITY- The area of application
and enforceability of this title includes the internal waters of the
United States, the territorial sea of the United States, as described
in Presidential Proclamation 5928 of December 27, 1988, the Exclusive
Economic Zone of the United States as described in Presidential Proclamation
5030 of March 10, 1983, and the continental shelf, consistent with international
law.
`(l) NATIONWIDE SERVICE OF PROCESS- In any action by the United States
under this title, process may be served in any district where the defendant
is found, resides, transacts business, or has appointed an agent for
the service of process, and for civil cases may also be served in a
place not within the United States in accordance with rule 4 of the
Federal Rules of Civil Procedure.
`(m) VENUE IN CIVIL ACTIONS- A civil action under this title may be
brought in the United States district court for any district in which--
`(1) the defendant is located, resides, or is doing business, in the
case of an action against a person;
`(2) the vessel is located, in the case of an action against a vessel;
`(3) the destruction of, loss of, or injury to a coral reef, or component
thereof, occurred or in which there is an imminent risk of such destruction,
loss, or injury; or
`(4) where some or all of the coral reef or component thereof that
is the subject of the action is not within the territory covered by
any United States district court, such action may be brought either
in the United States district court for the district closest to the
location where the destruction, loss, injury, or risk of injury occurred,
or in the United States District Court for the District of Columbia.
`(n) UNIFORMED SERVICE OFFICERS AND EMPLOYEES- No officer or employee
of a uniformed service (as defined in section 101 of title 10, United
States Code) shall be held liable under this section, either in such
officer's or employee's personal or official capacity, for any violation
of section 212 occurring during the performance of the officer's or
employee's official governmental duties.
`(o) CONTRACT EMPLOYEES- No contract employee of a uniformed service
(as so defined), serving as vessel master or crew member, shall be liable
under this section for any violation of section 212 if that contract
employee--
`(1) is acting as a contract employee of a uniformed service under
the terms of an operating contract for a vessel owned by a uniformed
service, or a time charter for pre-positioned vessels, special mission
vessels, or vessels exclusively transporting military supplies and
materials; and
`(2) is engaged in an action or actions over which such employee has
been given no discretion (e.g., anchoring or mooring at one or more
designated anchorages or buoys, or executing specific operational
elements of a special mission activity), as determined by the uniformed
service controlling the contract.'.
SEC. 17. PERMITS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
214, as added by section 16 of this Act, the following:
`SEC. 215. PERMITS.
`(a) IN GENERAL- The Secretary may allow for the conduct of--
`(1) bona fide research, and
`(2) activities that would otherwise be prohibited by this title or
regulations issued thereunder,
through issuance of coral reef conservation permits in accordance with
regulations issued under this title.
`(b) LIMITATION OF NON-RESEARCH ACTIVITIES- The Secretary may not issue
a permit for activities other than for bona fide research unless the
Secretary finds--
`(1) the activity proposed to be conducted is compatible with one
or more of the purposes in section 202(b) of this title;
`(2) the activity conforms to the provisions of all other laws and
regulations applicable to the area for which such permit is to be
issued; and
`(3) there is no practicable alternative to conducting the activity
in a manner that destroys, causes the loss of, or injures any coral
reef or any component thereof.
`(c) TERMS AND CONDITIONS- The Secretary may place any terms and conditions
on a permit issued under this section that the Secretary deems reasonable.
`(1) ASSESSMENT AND COLLECTION- Subject to regulations issued under
this title, the Secretary may assess and collect fees as specified
in this subsection.
`(2) AMOUNT- Any fee assessed shall be equal to the sum of--
`(A) all costs incurred, or expected to be incurred, by the Secretary
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 Secretary as a direct result of the conduct
of the activity for which the permit is issued, including costs
of monitoring the conduct of the activity and educating the public
about the activity and coral reef resources related to the activity.
`(3) USE OF FEES- Amounts collected by the Secretary 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 Secretary 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 Secretary 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 activities not prohibited by this title or regulations issued
thereunder.'.
SEC. 18. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
215, as added by section 17 of this Act, the following:
`SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
`(a) REGIONAL COORDINATION- The Secretary and other Federal members
of the Coral Reef Task Force shall work in coordination and collaboration
with other Federal agencies, States, and United States territorial governments
to implement the strategies developed under section 203, including regional
and local strategies, to address multiple threats to coral reefs and
coral reef ecosystems.
`(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. 19. REGULATIONS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
216, as added by section 18, the following:
`SEC. 217. REGULATIONS.
`The Secretary may issue such regulations as are necessary and appropriate
to carry out the purposes of this title. 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. 20. EFFECTIVENESS AND ASSESSMENT REPORT.
Section 218 (formerly 16 U.S.C. 6407), as redesignated by section 7
of this Act, is amended to read as follows:
`SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.
`(a) EFFECTIVENESS REPORT- Not later than March 1, 2010, and every 3
years thereafter, the Secretary shall submit to the Senate Committee
on Commerce, Science, and Transportation and the House of Representatives
Committee on Natural Resources 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 of the 3 fiscal
years next preceding the fiscal year in which the report is submitted;
`(2) a description of Federal interagency and cooperative efforts
with States and United States territories to prevent or address overharvesting,
coastal runoff, or other anthropogenic impacts on coral reefs, including
projects undertaken with the Department of Interior, Department of
Agriculture, the Environmental Protection Agency, and the United States
Army Corps of Engineers;
`(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; and
`(4) a description of Federal disaster response actions taken pursuant
to the National Response Plan to address damage to coral reefs and
coral reef ecosystems.
`(b) ASSESSMENT REPORT- Not later than March 1, 2013, and every 5 years
thereafter, the Secretary will submit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Natural Resources an assessment of the conditions of U.S. coral reefs,
accomplishments under this Act, and the effectiveness of management
actions to address threats to coral reefs.'.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
Section 219 (formerly 16 U.S.C. 6408), as redesignated by section 7
of this Act, is amended--
(1) by striking `$16,000,000 for each of fiscal years 2001, 2002,
2003, and 2004,' in subsection (a) and inserting `$34,000,000 for
fiscal year 2012, $36,000,000 for fiscal year 2013, $38,000,000 for
fiscal year 2014, and $40,000,000 for each of fiscal years 2015 through
2016, of which no less than 24 percent per year (for each of fiscal
years 2012 through 2016) shall be used for the grant program under
section 204, no less than 6 percent shall be used for Fishery Management
Councils, and up to 10 percent per year shall be used for the Fund
established under section 205(a),';
(2) by striking `$1,000,000' in subsection (b) and inserting `$2,000,000';
(3) by striking subsection (c) and inserting the following:
`(c) COMMUNITY-BASED PLANNING GRANTS- There are authorized to be appropriated
to the Secretary to carry out section 210 $10,000,000 for fiscal years
2012 through 2016, to remain available until expended.'; and
(4) by striking subsection (d) and inserting the following:
`(d) INTERNATIONAL CORAL REEF CONSERVATION PROGRAM- There are authorized
to be appropriated to the Secretary to carry out section 209 $8,000,000
for each of fiscal years 2012 through 2016, to remain available until
expended.'.
SEC. 22. JUDICIAL REVIEW.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after section
219, as redesignated by section 7 of this Act, the following:
`SEC. 220. JUDICIAL REVIEW.
`(a) IN GENERAL- Chapter 7 of title 5, United States Code, is not applicable
to any action taken by the Secretary under this title, except that--
`(1) review of any final agency action of the Secretary taken pursuant
to sections 214(c)(1) and 214(c)(2) may be had only by the filing
of a complaint by an interested person in the United States District
Court for the appropriate district; any such complaint must be filed
within 30 days of the date such final agency action is taken; and
`(2) review of any final agency action of the Secretary taken pursuant
to section 215 may be had by the filing of a petition for review by
an interested person in the Circuit Court of Appeals of the United
States for the federal judicial district in which such person resides
or transact business which is directly affected by the action taken;
such petition shall be filed within 120 days from the date such final
agency action is taken.
`(b) NO REVIEW IN ENFORCEMENT PROCEEDINGS- Final agency action with
respect to which review could have been obtained under subsection (a)(2)
shall not be subject to judicial review in any civil or criminal proceeding
for enforcement.
`(c) COST OF LITIGATION- In any judicial proceeding under subsection
(a), the court may award costs of litigation (including reasonable attorney
and expert witness fees) to any prevailing party whenever it determines
that such award is appropriate.'.
SEC. 23. DEFINITIONS.
Section 221 (formerly 16 U.S.C. 6409), as redesignated by section 7
of this Act, is amended to read as follows:
`SEC. 221. DEFINITIONS.
`(1) BIODIVERSITY- The term `biodiversity' means the variability among
living organisms from all sources including, inter alia, terrestrial,
marine, and other aquatic ecosystems and the ecological complexes
of which they are part, including diversity within species, between
species, and of ecosystems.
`(2) BONA FIDE RESEARCH- The term `bona fide research' means scientific
research on corals, the results of which are likely--
`(A) to be eligible for publication in a referred scientific journal;
`(B) to contribute to the basic knowledge of coral biology or ecology;
or
`(C) to identify, evaluate, or resolve conservation problems.
`(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 (organpipe
corals and others), Alcyonacea (soft corals), and Helioporacea (blue
coral) of the class Anthozoa; and
`(B) all species of the families Milleporidea (fire corals) and
Stylasteridae (stylasterid hydrocorals) of the class Hydrozoa.
`(4) CORAL REEF- The term `coral reef' means limestone structures
composed in whole or in part of living corals, as described in paragraph
(3), their skeletal remains, or both, and including other corals,
associated sessile invertebrates and plants, and associated seagrasses.
`(5) CORAL REEF COMPONENT- The term `coral reef component' means any
part of a coral reef, including individual living or dead corals,
associated sessile invertebrates and plants, and any adjacent or associated
seagrasses.
`(6) CORAL REEF ECOSYSTEM- The term `coral reef ecosystem' means the
system of coral reefs and geographically associated species, habitats,
and environment, including any adjacent or associated mangroves and
seagrass habitats, and the processes that control its dynamics.
`(7) CORAL PRODUCTS- The term `coral products' means any living or
dead specimens, parts, or derivatives, or any product containing specimens,
parts, or derivatives, of any species referred to in paragraph (3).
`(8) DAMAGES- The term `damages' includes--
`(i) the cost of replacing, restoring, or acquiring the equivalent
of the coral reef, or component thereof; and
`(ii) the lost services of, or the value of the lost use of, the
coral reef or component thereof, or the cost of activities to
minimize or prevent threats of, equivalent injury to, or destruction
of coral reefs or components thereof, pending restoration or replacement
or the acquisition of an equivalent coral reef or component thereof;
`(B) the reasonable cost of damage assessments under section 213;
`(C) the reasonable costs incurred by the Secretary in implementing
section 208(d);
`(D) the reasonable cost of monitoring appropriate to the injured,
restored, or replaced resources;
`(E) the reasonable cost of curation, conservation and loss of contextual
information of any coral encrusted archaeological, historical, and
cultural resource;
`(F) the cost of legal actions under section 213, undertaken by
the United States, associated with the destruction or loss of, or
injury to, a coral reef or component thereof, including the costs
of attorney time and expert witness fees; and
`(G) the indirect costs associated with the costs listed in subparagraphs
(A) through (F) of this paragraph.
`(9) EMERGENCY ACTIONS- The term `emergency actions' means all necessary
actions to prevent or minimize the additional destruction or loss
of, or injury to, coral reefs or components thereof, or to minimize
the risk of such additional destruction, loss, or injury.
`(10) EXCLUSIVE ECONOMIC ZONE- The term `Exclusive Economic Zone'
means the waters of the Exclusive Economic Zone of the United States
under Presidential Proclamation 5030, dated March 10, 1983.
`(11) PERSON- The term `person' means any individual, private or public
corporation, partnership, trust, institution, association, or any
other public or private entity, whether foreign or domestic, private
person or entity, or any officer, employee, agent, Department, agency,
or instrumentality of the Federal Government, of any State or local
unit of government, or of any foreign government.
`(12) RESPONSE COSTS- The term `response costs' means the costs of
actions taken or authorized by the Secretary to minimize destruction
or loss of, or injury to, a coral reef, or component thereof, or to
minimize the imminent risks of such destruction, loss, or injury,
including costs related to seizure, forfeiture, storage, or disposal
arising from liability under section 213.
`(13) SECRETARY- The term `Secretary' means--
`(A) for purposes of sections 201 through 211, sections 218 through
220 (except as otherwise provided in subparagraph (B)), and the
other paragraphs of this section, the Secretary of Commerce, acting
through the Administrator of the National Oceanic and Atmospheric
Administration; and
`(B) for purposes of sections 212 through 220--
`(i) the Secretary of the Interior for any coral reef or component
thereof located in (I) the National Wildlife Refuge System, (II)
the National Park System, and (III) the waters surrounding Wake
Island under the jurisdiction of the Secretary of the Interior,
as set forth in Executive Order 11048 (27 Fed. Reg. 8851 (September
4, 1962)); or
`(ii) the Secretary of Commerce for any coral reef or component
thereof located in any area not described in clause (i).
`(14) SERVICE- The term `service' means functions, ecological or otherwise,
performed by a coral reef or component thereof.
`(15) STATE- The term `State' means any State of the United States
that contains a coral reef ecosystem within its seaward boundaries,
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands, and any other territory or possession of the United
States, or separate sovereign in free association with the United
States, that contains a coral reef ecosystem within its seaward boundaries.
`(16) TERRITORIAL SEA- The term `Territorial Sea' means the waters
of the Territorial Sea of the United States under Presidential Proclamation
5928, dated December 27, 1988.'.
END
