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[Senate Report 112-210]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-210
_______________________________________________________________________

                                     

                                                       Calendar No. 506

 
             CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 46

               September 12, 2012.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada

                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 506
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-210

======================================================================

             CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011

                                _______
                                

               September 12, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                          [To accompany S. 46]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 46) to reauthorize the Coral 
Reef Conservation Act of 2000, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 46, the Coral Reef Conservation Amendments 
Act of 2011, is to strengthen and reauthorize the Coral Reef 
Conservation Act of 2000, which expired in 2004. The bill, as 
reported, would reauthorize and strengthen the authorities of 
the Secretary of Commerce to address threats to coral reefs and 
coral reef ecosystems in U.S. waters.

                          Background and Needs

  Coral reefs are among the oldest and most diverse ecosystems 
on the planet. Covering less than one percent of the Earth's 
surface, these ecosystems provide goods and services worth 
billions of dollars each year to the U.S. economy and economies 
worldwide. Coral reef resources provide economic and 
environmental benefits in the form of food, jobs, natural 
products, pharmaceuticals, and shoreline protection. A recent 
estimate placed the total net benefit of the world's coral reef 
ecosystems at $29.8 billion per year.
  In the United States, coral reefs are found in the waters of 
the Western Atlantic and Caribbean (Florida, Puerto Rico, and 
the U.S. Virgin Islands) and the Pacific Islands (Hawaii, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana 
Islands). Hawaii's coral reef ecosystems are home to over 5,000 
known species of marine plants and animals, of which about 25 
percent are endemic. The economic value of Hawaii's coral reefs 
was estimated to have a direct economic benefit of $360 million 
per year. The waters off the peninsula of Florida are home to 
thousands of miles of coral reef ecosystems. The most extensive 
living coral reef in the United States is adjacent to the 126-
mile island chain of the Florida Keys. The presence of these 
unique ecosystems helps generate $3.9 billion in economic 
activity in South Florida and 71,000 jobs.
  While coral reef ecosystems have survived for millions of 
years despite an abundance of natural disturbances, at present, 
overfishing, warming ocean temperatures, ocean acidification, 
pollution, and vessel groundings are causing a significant 
decline in coral reef health. A 2008 report on the status of 
coral reefs found that 19 percent of the world's reefs have 
been effectively destroyed, another 15 percent are under threat 
of loss in 20 to 40 years, and a further 20 percent are under a 
longer term threat of collapse.
  In 2000, Congress recognized the need to preserve, sustain, 
and restore the condition of coral reef ecosystems by enacting 
the Coral Reef Conservation Act of 2000 (CRCA)(16 U.S.C. 6401 
et seq.), which called for the creation of a national strategy 
and program to address the threats to coral reef communities. 
CRCA directed the National Oceanic and Atmospheric 
Administration (NOAA) to carry out a number of activities to 
promote the wise management and sustainable use of coral reef 
ecosystems, to develop sound scientific information on the 
condition of these ecosystems, and to assist in the 
preservation of coral reefs by supporting external conservation 
programs. CRCA created a Coral Reef Conservation grant program 
within NOAA, as well as a Coral Reef Conservation Fund to 
support public-private matching funds and partnerships to 
further the purposes of CRCA.
  Authorizations for CRCA expired at the end of fiscal year 
(FY) 2004. While the program has been very successful, changes 
and expansions of authority have been suggested. The U.S. 
Commission on Ocean Policy recognized the need for more 
comprehensive coral reef protection and management legislation 
to address research, protection, and restoration of coral reef 
ecosystems. It also recommended a strengthened Federal-State 
coordination mechanism to help lead Federal efforts, as well as 
increased attention to coral reef issues at the international 
level. Witnesses at a hearing before the Committee in 2005 
urged increased funding, mechanisms for addressing vessel 
impacts, and implementation of local strategies.
  In 2007, the Bush Administration proposed a bill that would 
prohibit damages to coral reefs in U.S. waters. The proposed 
provisions would address the inconsistencies between coral 
reefs that are located within sanctuaries established by the 
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and 
those outside such boundaries. The proposed bill also included 
liability and enforcement provisions and a mechanism for 
funding restoration activities.
  CRCA authorized appropriations of $16 million annually for 
the program through FY 2004, of which $8 million was for the 
grant program, and the lesser of $1 million or 10 percent was 
for administrative costs. Since enactment of CRCA, NOAA 
appropriations for CRCA activities have exceeded authorized 
amounts, rising to $29 million for FY 2010.

                         Summary of Provisions

  The Coral Reef Conservation Amendments Act of 2011 would 
reauthorize CRCA and strengthen the authorities of the 
Secretary of Commerce to address threats to coral reef 
ecosystems in U.S. waters. For example, it would allow the 
Secretary to more comprehensively address the threat of marine 
debris to coral reef ecosystems by removing abandoned fishing 
gear, other discarded objects, and abandoned vessels from coral 
reefs. The bill would also provide the Secretary the authority 
to respond to vessel groundings on coral reefs, maintain a 
vessel grounding inventory, identify at-risk reefs, and 
recommend preventative measures, such as navigational aids and 
fixed anchors.
  The bill would expand the authority under the current grants 
program to address emerging threats to coral reefs, such as 
coral bleaching, disease, and acidification. The bill also 
would establish consistent practices for maintaining data, 
products, and information, and promote widespread availability 
and dissemination of environmental data and information.
  The bill includes provisions that would prohibit damage to 
coral reefs. These provisions are similar to current 
authorities included in the National Marine Sanctuaries Act for 
coral reefs and other resources located within National Marine 
Sanctuaries. These provisions include specific exemptions that 
would allow activities such as research, the use of fishing 
gear permitted under Federal or State laws, and other 
activities authorized by Federal or State laws. Certain safety 
and emergency exemptions also would be permitted.
  The bill also would establish liability and civil and 
criminal penalties for damage to coral reefs resulting from 
prohibited activities, and would specifically prohibit 
interference with enforcement activities. The bill also 
includes provisions that would provide forfeiture for vessels 
and other property connected to a violation of the Act.
  The bill would provide a mechanism for both the Secretary of 
Commerce and the Secretary of the Interior to recoup response 
costs and damages from responsible parties and apply such funds 
to restoration of coral reefs in areas under their 
jurisdictions. Other new provisions would establish a 
permitting program for necessary or advantageous activities in 
coral reef areas, such as research, and would improve 
coordination among States and territories to address threats to 
coral reefs. Finally, the bill would encourage Federal, State, 
and local coordination and would streamline the 3-year 
reporting requirement to Congress on the status of coral reefs 
and achievements under the Act.

                          Legislative History

  During the 109th Congress, S. 1390, legislation to 
reauthorize CRCA, passed the Senate on December 15, 2005. A 
similar reauthorization bill, S. 1580, was introduced in the 
110th Congress, but not considered. The Committee reported a 
bill reauthorizing CRCA in the 111th Congress, S. 2859. The 
current bill (S. 46) was introduced by Senator Inouye on 
January 25, 2011, and is cosponsored by Senators Snowe, 
Rockefeller, Bill Nelson, and Kerry. The text of S. 46 is 
similar to the Committee-reported bill from the 111th Congress. 
At its Executive Session on May 5, 2011, the Committee voted to 
report the bill favorably without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 46--Coral Reef Conservation Amendments Act of 2011

    Summary: S. 46 would reauthorize and expand a National 
Oceanic and Atmospheric Administration (NOAA) program to 
protect coral reefs. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing the legislation would 
increase discretionary spending by $211 million over the 2012-
2016 period and $26 million after 2016. CBO also estimates that 
enacting S. 46 would increase direct spending by $16 million 
over the 2012-2021 period and would increase revenues by $2 
million over that period; therefore, pay-as-you-go procedures 
apply.
    By establishing new protections for coral reefs, S. 46 
would impose intergovernmental and private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). CBO 
estimates that the costs of complying with those mandates would 
fall below the annual thresholds established in UMRA ($71 
million for intergovernmental mandates and $142 million for 
private-sector mandates, in 2011, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 46 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in billions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2012     2013     2014     2015     2016     2017     2018     2019     2020     2021   2012-2016  2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

NOAA Coral Reef Conservation Program:
    Authorization Level\a\..............       34       36       38       40       40        0        0        0        0        0       188        188
    Estimated Outlays...................       22       30       36       39       39       14        6        1        0        0       166        187
International Coral Reef Conservation
 Program:
    Authorization Level.................        8        8        8        8        8        0        0        0        0        0        40         40
    Estimated Outlays...................        5        7        8        8        8        3        1        0        0        0        36         40
Community Planning Grants:
    Estimated Authorization Level.......        2        2        2        2        2        0        0        0        0        0        10         10
    Estimated Outlays...................        1        2        2        2        2        1        0        0        0        0         9         10
Study of U.S. Market for Coral Products:
    Estimated Authorization Level.......        *        0        0        0        0        0        0        0        0        0         *          *
    Estimated Outlays...................        *        *        *        0        0        0        0        0        0        0         *          *
    Total Changes:
        Estimated Authorization Level...       44       46       48       50       50        0        0        0        0        0       238        238
        Estimated Outlays...............       28       39       46       49       49       18        7        1        0        0       211        237

                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority..............        1        1        1        1        2        2        2        2        2        2         6         16
Estimated Outlays.......................        1        1        1        1        2        2        2        2        2        2         6         16

                                                                   CHANGES IN REVENUES

Estimated Revenues......................        *        *        *        *        *        *        *        *        *        *         1         2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NOAA = National Oceanic and Atmospheric Administration.
* = less than $500,000.
\a\Of amounts appropriated to NOAA in fiscal year 2010, the agency allocated $30 million to carry out this program. The agency has not completed its
  allocation of fiscal year 2011 appropriations for the program.

    Basis of estimate: For this estimate, CBO assumes that S. 
46 will be enacted by the end of 2011 and that the authorized 
and necessary amounts will be appropriated for each fiscal 
year. Estimated outlays are based on historical spending 
patterns for similar NOAA programs.

Spending Subject to Appropriation

    CBO estimates that S. 46 would authorize appropriations 
totaling $238 million over the 2012-2016 period for federal 
activities and grants to protect coral reefs. The authorization 
includes up to $40 million annually for NOAA's current domestic 
program and $8 million annually for new international programs. 
The bill also would authorize the appropriation of $10 million 
over the 2012-2016 period for NOAA's community planning grants 
to states. CBO expects that the $10 million would be 
appropriated evenly over the five-year period. Finally, the 
bill would authorize the appropriation of $100,000 to study the 
U.S. market for coral products. CBO expects that those funds 
would be appropriated in fiscal year 2012 and would be spent 
over the 2012-2014 period. In total, CBO estimates that 
implementing those programs would cost $211 million over the 
2012-2016 period and $26 million after 2016.

Direct Spending and Revenues

    CBO estimates that enacting S. 46 would increase direct 
spending by $16 million over the 2012-2021 period and would 
increase revenues by $2 million over that period.
    S. 46 would require the Secretary of the Treasury to invest 
amounts in the Damage Assessment Restoration Revolving Fund 
(including civil penalties) in interest-bearing obligations of 
the United States. Interest earned on amounts in the fund would 
be available without further appropriation to NOAA for 
activities such as repairing and restoring damaged reefs. Based 
on information from NOAA regarding historical balances in the 
fund, CBO estimates that the expenditure of interest earned on 
those amounts would increase direct spending by $14 million 
over the 2012-2021 period.
    S. 46 also would prohibit certain actions that damage or 
destroy coral reefs. The bill would extend legal protection to 
reefs in all U.S. waters (under current law, only reefs in 
national marine sanctuaries or national parks are protected), 
establish enforcement mechanisms such as penalties and asset 
forfeitures, and make violators liable for damages and the 
costs of federal responses to accidents that harm coral. Based 
on information provided by NOAA on recent accidents that 
damaged coral reefs in national marine sanctuaries, CBO 
estimates that collecting penalties, damages, and cost 
reimbursements from those who damage reefs in other U.S. waters 
would increase revenues by $2 million over the 2012-2021 
period. Because those amounts could be spent by NOAA and the 
Department of Justice without further appropriation, CBO also 
estimates that implementing those provisions would increase 
direct spending by $2 million over the 10-year period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 46, THE CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                  COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 5, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2011    2012    2013    2014    2015    2016    2017    2018    2019    2020    2021   2011-2016  2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       1       1       1       1       1       1       2       2       2       2         5         14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Memorandum:
    Changes in Outlays....................       0       1       1       1       1       2       2       2       2       2       2         6         16
    Changes in Revenues...................       0       0       0       0       0       0       0       0       0       0       0         1          2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 46 contains 
intergovernmental and private-sector mandates as defined in 
UMRA, but CBO estimates that the costs of those mandates would 
fall below the annual thresholds established in UMRA ($71 
million for intergovernmental mandates and $142 million for 
private-sector mandates, in 2011, adjusted annually for 
inflation).
    S. 46 would authorize the Secretary of Commerce to issue 
permits for activities that could affect coral reefs. If the 
Secretary establishes a permit program that requires entities, 
such as researchers at universities and other institutions 
(public and private), to obtain a permit to conduct research or 
other activities, that requirement would be an 
intergovernmental and private-sector mandate. CBO expects that 
few activities would likely be subject to the new permitting 
requirements and that the costs associated with obtaining a 
permit would be low.
    The bill also would impose a private-sector mandate by 
making it unlawful for any person to destroy, cause the loss 
of, or injure any coral reef that is subject to the 
jurisdiction of the United States. In addition, persons that 
damage coral reefs would be liable for the restoration of 
damages and the costs of federal responses to incidents that 
harm coral. Currently, only those coral reefs protected under 
separate legal authorities, such as coral reefs located within 
national marine sanctuaries, receive such protection. Based on 
information from NOAA, CBO estimates that the cost of the 
mandate would not be substantial.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 46 would make it unlawful for any person to destroy, cause 
the loss of, or injure any coral reef that is subject to the 
jurisdiction of the United States, except as allowed in section 
212(b)(2). Currently, only those coral reefs protected under 
separate legal authorities receive such protection. Also, the 
bill would authorize the Secretary of Commerce to issue permits 
for activities that could affect coral reefs.

                            ECONOMIC IMPACT

  The bill would authorize $34 million in FY 2012, $36 million 
in FY 2011, $38 million in FY 2013, and $40 million for each of 
FY 2015 and FY 2016 for Federal activities and grants to 
protect coral reefs. The bill would authorize a total of $10 
million for FY 2012 through FY 2016, to remain available until 
expended, for community-based planning grants to focus on 
implementation of community-based protection plans. At least 25 
percent of authorized funds would be directed to the general 
grants program, and at least 6 percent of the grant funds would 
be permitted to go to Fishery Management Councils. Finally, the 
bill would authorize $8 million for each FY from 2012 through 
2016 for international coral reef conservation. These funding 
levels are relatively modest, and are not expected to have an 
inflationary impact on the nation's economy.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens resulting from the passage of this 
legislation. S. 46 would authorize the Secretary of Commerce to 
issue permits for research and other activities that could 
affect coral reefs. This provision would require additional 
paperwork; however, the Committee expects that few activities 
would likely be subject to the permitting requirements. The 
provision is necessary for the management of U.S. coral reefs.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short Title

  This section provides the short title of the bill, the Coral 
Reef Conservation Amendments Act of 2011.

Section 2. Amendment of Coral Reef Conservation Act of 2000

  This section states that an amendment or repeal of a section 
or other provision shall be considered to be made to the Coral 
Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq).

Section 3. Purposes

  The section states the purposes of the Act, including 
preservation, protection, management, research, and restoration 
of coral reef ecosystems. A new purpose is added to clarify the 
focus of the program on preventing and minimizing damage to 
coral reefs.

Section 4. National Coral Reef Action Strategy

  This section would require the Secretary of Commerce, within 
180 days of enactment of the Act, to submit to Congress a new 
national coral reef action strategy. The section would request 
the Secretary include in the action strategy discussions about 
impacts from climate change, coastal uses and management, 
including land-based sources of pollution, and water and air 
quality on corals and coral reef ecosystems.

Section 5. Coral Reef Conservation Program

  This section would amend the existing grants program to 
include additional criteria for the Secretary of Commerce in 
approving grants to include projects that prevent or respond to 
damage to coral reef ecosystems, as well as projects that 
improve scientific information on threats such as coral disease 
and bleaching. The section would make technical amendments to 
refer consistently to the defined term ``coral reef 
ecosystems''. Projects would be required to be consistent with 
the national coral reef action strategy.

Section 6. Coral Reef Conservation Fund

  This section would amend section 205(a) of CRCA, which 
establishes the Coral Reef Conservation Fund, to clarify that 
the Secretary of Commerce may enter into agreements with one or 
more nonprofit organizations to receive, hold, and administer 
funds, including use of interest-bearing accounts for 
activities consistent with the national coral reef action 
strategy. This authority would increase the Secretary's 
flexibility in working with external partners and strengthen 
those partnerships for the purposes of promoting coral reef 
ecosystem conservation.

Section 7. Agreements; Redesignations

  This section would authorize the Secretary of Commerce to 
execute and perform contracts, leases, grants, or cooperative 
agreements necessary to carry out the provisions of the Act. It 
would also allow the Secretary of Commerce to enter into 
agreements with universities and research centers to conduct 
activities including research and public outreach. The section 
would also allow the Secretary of Commerce to use grant funding 
and the resources of other departments, agencies, State 
governments, tribes, and international organizations to carry 
out the provisions of the Act, with the consent of such other 
party. This section would also allow the Secretary to transfer 
funds to, and accept the transfer of funds from, Federal 
agencies, State and local governments, and others to carry out 
the provisions of the Act.

Section 8. Emergency Assistance

  This section would amend section 207 of CRCA, as 
redesignated, to allow the Secretary of Commerce, in 
cooperation with the Federal Emergency Management Agency, as 
appropriate, to provide emergency disaster-related assistance 
to State, territorial, and local agencies with jurisdiction 
over coral reef ecosystems. This provision is important because 
grants are not an efficient funding mechanism for emergency 
response due to the time required for the processing and 
awarding of grants.

Section 9. National Program

  This section would amend section 208 of CRCA, as 
redesignated, to clarify the scope and geographic focus of 
NOAA's coral reef program and to provide a mechanism for 
funding emergency response, stabilization, and restoration 
activities. Section 208(a) would allow the Secretary of 
Commerce to conduct coral reef conservation activities with 
appropriate local, regional, and international programs. 
Section 208(b) would authorize additional coral reef 
conservation actions including removal, either directly or 
through assistance to States, of abandoned vessels, marine 
debris, and abandoned fishing gear, and responding to incidents 
and events that threaten and damage coral reef ecosystems. New 
section 208(c) would include specific guidelines to the 
Secretary of Commerce for long-term stewardship of 
environmental data, reports, and other information. Section 
208(d) would require the Secretary of Commerce to develop, 
within the existing Damage Assessment Restoration Revolving 
Fund, an Emergency Response, Stabilization, and Restoration 
Account for implementation of emergency actions.

Section 10. Study of Trade in Corals

  This section would require the Administrator of NOAA, in 
consultation with the Secretary of Interior, to conduct a study 
on the economic, social, and environmental values and impacts 
of the U.S. market in corals and coral products.

Section 11. International Coral Reef Conservation Activities

  This section would create a new section 209 in CRCA that 
would direct the Secretary of Commerce to undertake 
international coral reef conservation activities and provide a 
strategic plan to Congress to address coral reefs important to 
U.S. interests, consistent with the national strategy. It also 
would provide grant-making authority to support partnerships in 
implementing the strategy. This is important because of the 
worldwide decline in coral reefs and the importance of those 
reefs for ecosystem health. Some coral reefs located outside 
the United States are important for U.S. marine resources and 
interests, including domestic coral reefs and fisheries.

Section 12. Community-Based Planning Grants

  This section would create a new section 210 in CRCA that 
would authorize the Secretary of Commerce to award grants to 
entities which have already received general Coral Reef 
Conservation grants to allow them to develop and implement 
community-based coral reef protection plans, in coordination 
with appropriate Federal and State authorities. These plans, 
which would be based on watershed approaches and incorporating 
local approaches or models, should encourage comprehensive 
planning programs and provide for more effective conservation 
of coral reefs. The section would also provide that the non-
Federal matching requirement for such grants would be 25 
percent, rather than the 50 percent match required for the 
grants provided under section 5 of the bill, in recognition of 
the limited resources available to many local communities.

Section 13. Vessel Grounding Inventory

  This section would create a new section 211 in CRCA that 
would authorize the Secretary of Commerce to create and 
maintain an inventory of all vessel grounding incidents 
involving coral reef resources. For each incident, the 
inventory would contain information related to: (1) grounding 
impacts; (2) vessel identity; (3) estimated costs of removal, 
mitigation, or restoration; (4) summary of any incident 
response; (5) status of response action; and (6) 
recommendations for preventing similar incidents. The section 
would also direct the Secretary of Commerce to identify coral 
reef areas that have a high incidence of vessel impacts, 
including groundings and anchor damage, and to identify and 
develop measures and strategies to prevent or mitigate these 
impacts. The section would also direct the Secretary of 
Commerce to develop a timetable and strategy for implementation 
of prevention and mitigation measures, including cooperative 
actions with other government agencies and non-governmental 
partners.

Section 14. Prohibited Activities

  This section would create a new section 212 in CRCA that 
would establish prohibited activities pertaining to coral 
reefs, similar to authorities that pertain to coral reefs and 
other natural resources located within a national marine 
sanctuary. The new section 212 would define the scope of 
prohibited actions including making it illegal to destroy, 
take, cause the loss of, or injure any coral reef or any 
component thereof. The section would provide exceptions in the 
case of fishing allowed under Federal or State laws, other 
activities authorized under Federal or State laws, bona fide 
marine scientific research, and injuries caused by Federal 
agencies that occurred during law enforcement, search and 
rescue, a threat to national security, or other emergency 
events. The section would also provide an exception for actions 
taken by the master of a vessel to ensure the safety of the 
vessel or to save a life at sea. The section would make it 
unlawful to interfere with enforcement of this title, violate 
permits or regulations promulgated pursuant to this title, or 
to possess, transport, or distribute coral taken in violation 
of this title. The prohibitions in this section, as well as the 
remedies in sections 14 and 15 of the bill extend to coral 
reefs managed by the Secretary of Commerce or the Secretary of 
the Interior, corresponding to the areas managed by each.

Section 15. Destruction of Coral Reefs

  This section would create a new section 213 in CRCA which 
would establish liability for damage to coral reefs from 
prohibited activities. This section would provide a mechanism 
to recover response costs and damages from parties responsible 
for damages to coral reef ecosystems in order to assess the 
damages and undertake restoration activities. New section 
213(a) would describe the elements of liability for the 
destruction, loss, taking of, or injury to coral reefs. A 
person or vessel in violation of the Act would be liable for 
response costs, natural resource damages, cost of seizure and 
forfeiture actions, and interest, storage, and disposal costs. 
The subsection provides specific defenses from liability, 
including injuries that are solely the result of an act of God, 
an act of war, or an act or omission of a third party. New 
section 213(b) would provide authority for response actions and 
damage assessment, including actions to prevent or minimize the 
destruction, loss of, or injury to coral reefs or the risk of 
these impacts. The subsection would require consultation with 
States regarding damage assessment within State waters and 
stipulates that there will be no double recovery for the same 
incident. New section 213(c) would allow for civil judicial 
actions to recover response costs and damages and would specify 
venue. New section 213(d) specifies the management and use of 
recovered amounts. Amounts recovered would be held in the 
existing Department of Commerce Damage Assessment and 
Restoration Revolving Fund, or the existing Department of the 
Interior Natural Resources Damage Assessment and Restoration 
Fund, consistent with existing areas managed by each 
Department, and used for response costs and damages. These 
amounts would be used to reimburse the relevant Secretary,\1\ 
or any State or Federal agency that conducted response actions, 
seizure, forfeiture, storage, or disposal, and secondly for 
restoration and monitoring of coral reefs or to minimize or 
prevent threats of equivalent injury. New section 213(e) would 
set the statute of limitations for claims as three years from 
the completion of the damage assessment and restoration plan. 
New section 213(f) would require that Federal agencies 
responsible for injuries to coral reefs take appropriate 
actions to respond and restore the affected reef, in 
coordination with the relevant Secretary, and reimburse the 
Secretary for all assessment costs. New section 213(g) would 
provide an exception for an officer or employee of a uniformed 
service for any violation of section 212 under this Act that 
occurs during the performance of his or her official 
governmental duties. New section 213(h) would provide an 
exception for any contract employee of a uniformed service for 
any violation of section 212 under this Act that is operating a 
vessel or engaged in actions under the direction of the 
uniformed service controlling the contract.
---------------------------------------------------------------------------
    \1\``Relevant Secretary'' may refer to the Secretary of Commerce or 
the Secretary of the Interior, depending on in whose jurisdiction the 
coral reef is located.
---------------------------------------------------------------------------

Section 16. Enforcement

  This section would create a new section 214 in CRCA to 
provide for the enforcement of title II and would give the 
relevant Secretary specific enforcement authorities, including 
the ability to board and inspect vessels suspected of being in 
violation of the Act, the ability to seize evidence, and the 
ability to execute warrants, issue subpoenas, make arrests, and 
exercise other lawful enforcement activities. This section 
would exclude Government-owned vessels and certain chartered 
vessels used exclusively for national defense purposes from 
boarding, search, inspection, and seizure. The section would 
provide for injunctive relief in the event of an imminent 
threat to coral reefs. The section would outline both civil and 
criminal enforcement provisions, including administrative and 
judicial penalties, and would permit sanctions and claims 
against vessels. The section would specify procedures for 
collection of penalties and the appropriate venues for bringing 
actions. The section would authorize criminal and civil 
forfeiture of property obtained or used in violation of the Act 
and would allow the Secretary to recover reasonable costs in 
the storage and maintenance of any seized property. The section 
would specify that civil penalties and costs imposed under this 
section would be placed into an account to be available until 
expended, and would specify the uses of such funds.

Section 17. Permits

  This section would create a new section 215 in CRCA that 
would allow the Secretary to issue permits for legitimate 
research and allow other necessary actions that may result in 
coral reef injury. This section would require that the activity 
to be conducted is compatible with the purposes in section 
202(b) of the Act, the activity conforms to the provisions of 
all other laws and regulations, and that the injury to coral 
reefs cannot be practicably avoided. Each Secretary would be 
authorized to assess and collect appropriate fees, including 
the cost of processing and administering the permit and the 
cost of monitoring the permitted activity. The section would 
allow each Secretary the discretion to waive the fee and 
specifically would exempt lawful fishing activities from 
requiring permits.

Section 18. Regional, State, and Territorial Coordination

  This section would create a new section 216 in CRCA that 
would require the Secretary of Commerce and the Secretary of 
the Interior to coordinate and collaborate with other Federal, 
State, and territorial governments in implementing the national 
coral reef action strategy. The Secretaries would be required 
to work with appropriate States in conducting response and 
restoration activities within State waters and to develop 
cooperative enforcement agreements.

Section 19. Regulations

  This section would create a new section 217 in CRCA that 
would authorize the relevant Secretary to issue necessary and 
appropriate regulations to carry out the purposes of the Act.

Section 20. Effectiveness Report

  This section would amend section 218 of CRCA, as 
redesignated, to require the Secretary of Commerce to submit to 
Congress, starting in 2010\2\ and every three years thereafter, 
an effectiveness report to summarize activities undertaken to 
implement the national coral reef action strategy, including 
use of funds, cooperative efforts, and a description of efforts 
to protect and manage coral reefs, including projects 
undertaken by other Federal agencies. The report would also 
include a summary of the vessel grounding inventory and a 
description of Federal disaster response actions. The section 
would also require an assessment report every five years 
describing the condition of U.S. coral reefs, accomplishments 
under the Act, and effectiveness of management actions to 
address threats to coral reefs.
---------------------------------------------------------------------------
    \2\The year 2010 in the reported bill is an apparent error.
---------------------------------------------------------------------------

Section 21. Authorization of Appropriations

  This section would amend section 219 of CRCA, as 
redesignated, to increase the total authorized appropriations 
to the Secretary of Commerce to implement the Act from $16 
million per year to $34 million for FY 2012, $36 million for FY 
2013, $38 million for FY 2014, and $40 million for each of FY 
2015 and FY 2016. The higher level of authorized appropriations 
would allow NOAA to undertake the increased level of 
coordination required by this bill and allow for funding of 
local action strategies. The new section 219 would direct at 
least 24 percent of the authorized funds to the general grants 
program, and would permit at least 6 percent of the grant funds 
to go to Fishery Management Councils. This section would also 
set aside up to 10 percent of appropriations for the Coral Reef 
Conservation Fund. The section would authorize a total of $10 
million for FY 2012 through FY 2016, to remain available until 
expended, for the Community Based Planning Grants to provide 
long-term funding for implementation of community-based plans. 
The section would also authorize $8 million for each of FYs 
2012 through 2016, and such sums to remain available until 
expended, for the International Coral Reef Conservation 
Program.

Section 22. Judicial Review

  This section would create a new section 220 in CRCA that 
would allow standard provisions for judicial review of actions 
taken by either the Secretary of Commerce or the Secretary of 
the Interior except for actions taken pursuant to sections 
214(c)(1) and 214(c)(2) regarding interference with 
enforcement, which may only be had by filing a complaint in the 
U.S. District Court within 30 days of final agency action. The 
section would allow courts to award costs of litigation to any 
prevailing party when appropriate.

Section 23. Definitions

  This section would amend section 221 of CRCA, as 
redesignated, to define biodiversity, bona fide research, 
coral, coral reef, coral reef component, coral reef ecosystem, 
coral products, damages, emergency actions, and other key terms 
in the Act. For purposes of sections 212 through 217 and 
section 220 of CRCA, as redesignated, the intent is to define 
Secretary as either the Secretary of Commerce or the Secretary 
of the Interior, corresponding to areas managed by each 
Department.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                  CORAL REEF CONSERVATION ACT OF 2000

[SEC. 202. PURPOSES.

                            [16 U.S.C. 6401]

    [The purposes of this title 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 and the Nation;
            [(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 reefs 
        by supporting conservation programs, including projects 
        that involve affected local communities and 
        nongovernmental organizations;
            [(5) to provide financial resources for those 
        programs and projects; and
            [(6) to establish a formal mechanism for collecting 
        and allocating monetary donations from the private 
        sector to be used for coral reef conservation 
        projects.]

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. 203. NATIONAL CORAL REEF ACTION STRATEGY.

                            [16 U.S.C. 6402]

    [(a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Administrator shall submit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and to the Committee on Resources of the House of 
Representatives and publish in the Federal Register a national 
coral reef action strategy, consistent with the purposes of 
this title. The Administrator shall periodically review and 
revise the strategy as necessary. In developing this national 
strategy, the Secretary may consult with 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;
            [(2) water and air quality;
            [(3) mapping and information management;
            [(4) research, monitoring, and assessment;
            [(5) international and regional issues;
            [(6) outreach and education;
            [(7) local strategies developed by the States or 
        Federal agencies, including regional fishery management 
        councils; and
            [(8) conservation, including how the use of marine 
        protected areas to serve as replenishment zones will be 
        developed consistent with local practices and 
        traditions.]
    (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;
            (2) climate change;
            (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
            (9) conservation.

SEC. 204. CORAL REEF CONSERVATION PROGRAM.

                            [16 U.S.C. 6403]

    (a) Grants.--The [Secretary, through the Administrator and] 
Secretary, subject to the availability of funds, shall provide 
grants of financial assistance for projects for the 
conservation of coral reefs (hereafter in this title referred 
to as ``coral conservation projects''), for proposals approved 
by the Administrator in accordance with this section.
    (b) Matching Requirements.--
            (1) Fifty percent.--Except as provided in paragraph 
        (2), Federal funds for any coral conservation project 
        under this section may not exceed 50 percent of the 
        total cost of such project. For purposes of this 
        paragraph, the non-Federal share of project costs may 
        be provided by in-kind contributions and other noncash 
        support.
            (2) Waiver.--The [Administrator] Secretary may 
        waive all or part of the matching requirement under 
        paragraph (1) if the [Administrator] Secretary 
        determines that no reasonable means are available 
        through which applicants can meet the matching 
        requirement and the probable benefit of such project 
        outweighs the public interest in such matching 
        requirement.
    [(c) Eligibility.--Any natural resource management 
authority of a State or other government authority with 
jurisdiction over coral reefs or whose activities directly or 
indirectly affect coral reefs, or coral reef ecosystems, or 
educational or nongovernmental institutions with demonstrated 
expertise in the conservation of coral reefs, may submit to the 
Administrator a coral conservation proposal under subsection 
(e).]
    (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).
    (d) [Geographic and Biological] Project Diversity.--The 
[Administrator] Secretary shall ensure that funding for grants 
awarded under subsection (b) during a fiscal year are 
distributed in the following manner:
            (1) No less than 40 percent of funds available 
        shall be awarded for coral conservation projects in the 
        Pacific Ocean within the maritime areas and zones 
        subject to the jurisdiction or control of the United 
        States.
            (2) No less than 40 percent of the funds available 
        shall be awarded for coral conservation projects in the 
        Atlantic Ocean, the Gulf of Mexico, and the Caribbean 
        Sea within the maritime areas and zones subject to the 
        jurisdiction or control of the United States.
            [(3) Remaining funds shall be awarded for projects 
        that address emerging priorities or threats, including 
        international priorities or threats, identified by the 
        Administrator. When identifying emerging threats or 
        priorities, the Administrator may consult with the 
        Coral Reef Task Force.]
            (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.
    (e) Project Proposals.--Each proposal for a grant under 
this section shall include the following:
            (1) The name of the individual or entity 
        responsible for conducting the project.
            (2) A description of the qualifications of the 
        individuals who will conduct the project.
            (3) A succinct statement of the purposes of the 
        project.
            (4) An estimate of the funds and time required to 
        complete the project.
            (5) Evidence of support for the project by 
        appropriate representatives of States or other 
        government jurisdictions in which the project will be 
        conducted.
            (6) Information regarding the source and amount of 
        matching funding available to the applicant.
            (7) A description of how the project meets one or 
        more of the criteria in subsection (g).
            (8) Any other information the [Administrator] 
        Secretary considers to be necessary for evaluating the 
        eligibility of the project for funding under this 
        title.
    (f) Project Review and Approval.--
            (1) In general.-- The [Administrator] Secretary 
        shall review each coral conservation project proposal 
        to determine if it meets the criteria set forth in 
        subsection (g).
            (2) Review; approval or disapproval.-- Not later 
        than 6 months after receiving a project proposal under 
        this section, the [Administrator] Secretary shall--
                    (A) request and consider written comments 
                on the proposal from each Federal agency, State 
                government, or other government jurisdiction, 
                including the relevant regional fishery 
                management councils established under the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), or any 
                National Marine Sanctuary, with jurisdiction or 
                management authority over coral reef ecosystems 
                in the area where the project is to be 
                conducted, including the extent to which the 
                project is consistent with locally-established 
                priorities;
                    (B) provide for the merit-based peer review 
                of the proposal and require standardized 
                documentation of that peer review;
                    (C) after considering any written comments 
                and recommendations based on the reviews under 
                subparagraphs (A) and (B), approve or 
                disapprove the proposal; and
                    (D) provide written notification of that 
                approval or disapproval to the person who 
                submitted the proposal, and each of those 
                States and other government jurisdictions that 
                provided comments under subparagraph (A).
    [(g) Criteria for Approval.--The Administrator 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 reefs 
by--
            [(1) implementing coral conservation programs which 
        promote sustainable development and ensure effective, 
        long-term conservation of coral reefs;
            [(2) addressing the conflicts arising from the use 
        of environments near coral reefs or from the use of 
        corals, species associated with coral reefs, and coral 
        products;
            [(3) enhancing compliance with laws that prohibit 
        or regulate the taking of coral products or species 
        associated with coral reefs 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, including factors that cause coral 
        disease;
            [(5) promoting and assisting to implement 
        cooperative coral reef 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;
            [(7) mapping the location and distribution of coral 
        reefs;
            [(8) developing and implementing techniques to 
        monitor and assess the status and condition of coral 
        reefs;
            [(9) developing and implementing cost-effective 
        methods to restore degraded coral reef ecosystems; or
            [(10) promoting ecologically sound navigation and 
        anchorages near coral reefs.]
    (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.
    (h) Project Reporting.--Each grantee under this section 
shall provide periodic reports as required by the 
[Administrator] Secretary. Each report shall include all 
information required by the [Administrator] Secretary for 
evaluating the progress and success of the project.
    (i) Coral Reef Task Force.--The [Administrator] Secretary 
may consult with the Coral Reef Task Force to obtain guidance 
in establishing coral conservation project priorities under 
this section.
    (j) Implementation Guidelines.--Within 180 days after the 
date of the enactment of this Act, the [Administrator] 
Secretary shall promulgate necessary guidelines for 
implementing this section. In developing those guidelines, the 
[Administrator] Secretary shall consult with State, regional, 
and local entities involved in setting priorities for 
conservation of [coral reefs] coral reef ecosystems and provide 
for appropriate public notice and opportunity for comment.

SEC. 205. CORAL REEF CONSERVATION FUND.

                            [16 U.S.C. 6404]

    [(a) Fund.--The Administrator may enter into an agreement 
with a nonprofit organization that promotes coral reef 
conservation authorizing such organization to receive, hold, 
and administer funds received pursuant to this section. The 
organization shall invest, reinvest, and otherwise administer 
the funds and maintain such funds and any interest or revenues 
earned in a separate interest bearing account, hereafter 
referred to as the Fund, established by such organization 
solely to support partnerships between the public and private 
sectors that further the purposes of this Act and are 
consistent with the national coral reef action strategy under 
section 203.]
    (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.
    (b) Authorization To Solicit Donations.--Pursuant to an 
agreement entered into under subsection (a) of this section, an 
organization may accept, receive, solicit, hold, administer, 
and use any gift to further the purposes of this title. Any 
moneys received as a gift shall be deposited and maintained in 
the Fund established by the organization under subsection (a).
    (c) Review of Performance.--The [Administrator] Secretary 
shall conduct a continuing review of [the grant program] any 
grant program administered by an organization under this 
section. Each review shall include a written assessment 
concerning the extent to which that organization has 
implemented the goals and requirements of this section and the 
national coral reef action strategy under section 203.
    (d) Administration.--Under an agreement entered into 
pursuant to subsection (a), the [Administrator] Secretary may 
transfer funds appropriated to carry out this title to an 
organization. Amounts received by an organization under this 
subsection may be used for matching, in whole or in part, 
contributions (whether in money, services, or property) made to 
the organization by private persons and State and local 
government agencies.

[SEC. 206. EMERGENCY ASSISTANCE.

                            [16 U.S.C. 6405]

    [The Administrator may make grants to any State, local, or 
territorial government agency with jurisdiction over coral 
reefs for emergencies to address unforeseen or disaster-related 
circumstance pertaining to coral reefs or coral reef 
ecosystems.]

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. 207. NATIONAL PROGRAM.

                            [16 U.S.C. 6406]

    [(a) In General.--Subject to the availability of 
appropriations, the Secretary may conduct activities to 
conserve coral reefs and 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, 
        and scientific research that benefit the understanding, 
        sustainable use, and long-term conservation of coral 
        reefs and coral reef ecosystems;
            [(2) enhancing public awareness, education, 
        understanding, and appreciation of coral reefs and 
        coral reef ecosystems;
            [(3) providing assistance to States in removing 
        abandoned fishing gear, marine debris, and abandoned 
        vessels from coral reefs to conserve living marine 
        resources; and
            [(4) cooperative conservation and management of 
        coral reefs and coral reef ecosystems with local, 
        regional, or international programs and partners.]

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. 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 214(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. 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. 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. 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. 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) during--
                                    (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.

SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

    (a) Liability.--
            (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).
            (2) Liability in rem.--
                    (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.
            (2) Damage assessment.--
                    (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. 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.
    (d) Forfeiture.--
            (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.
    (f) Expenditures.--
            (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.
    (j) Injunctive Relief.--
            (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. 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.
    (d) Fees.--
            (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. 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. 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. 208. EFFECTIVENESS REPORTS.

                            [16 U.S.C. 6407]

    [(a) Grant Program.--Not later than 3 years after the date 
of the enactment of this Act, the Administrator shall submit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives a report that documents the effectiveness of 
the grant program under section 204 in meeting the purposes of 
this title. The report shall include a State-by-State summary 
of Federal and non-Federal contributions toward the costs of 
each project.
    [(b) National Program.--Not later than 2 years after the 
date on which the Administrator publishes the national coral 
reef strategy under section 203 and every 2 years thereafter, 
the Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives a report describing 
all activities undertaken to implement that strategy, under 
section 203, including a description of the funds obligated 
each fiscal year to advance coral reef conservation.]

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. 209.] SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
the Secretary to carry out this title [$16,000,000 for each of 
fiscal years 2001, 2002, 2003, and 2004,] $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), which may remain available until expended.
    (b) Administration.--Of the amounts appropriated under 
subsection (a), not more than the lesser of [$1,000,000] 
$2,000,000 or 10 percent of the amounts appropriated, may be 
used for program administration or for overhead costs incurred 
by the National Oceanic and Atmospheric Administration or the 
Department of Commerce and assessed as an administrative 
charge.
    [(c) Coral Reef Conservation Program.--From the amounts 
appropriated under subsection (a), there shall be made 
available to the Secretary $ 8,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004 for coral reef conservation 
activities under section 204.]
    (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.
    [(d) National Coral Reef Activities.--From the amounts 
appropriated under subsection (a), there shall be made 
available to the Secretary $8,000,000 for each of fiscal years 
2001, 2002, 2003, and 2004 for activities under section 207.]
    (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. 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. 210. DEFINITIONS.

                            [16 U.S.C. 6409]

    [In this title:
            [(1) Administrator.--The term ``Administrator'' 
        means the Administrator of the National Oceanic and 
        Atmospheric Administration.
            [(2) Conservation.--The term ``conservation'' means 
        the use of methods and procedures necessary to preserve 
        or sustain corals and associated species as diverse, 
        viable, and self-perpetuating coral reef ecosystems, 
        including all activities associated with resource 
        management, such as assessment, conservation, 
        protection, restoration, sustainable use, and 
        management of habitat; mapping; habitat monitoring; 
        assistance in the development of management strategies 
        for marine protected areas 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.); law enforcement; conflict resolution 
        initiatives; community outreach and education; and that 
        promote safe and ecologically sound navigation.
            [(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), Alcyanacea (soft 
                corals), and Coenothecalia (blue coral), of the 
                class Anthozoa; and
                    [(B) all species of the order 
                Hydrocorallina (fire corals and hydrocorals) of 
                the class Hydrozoa.
            [(4) Coral reef.--The term ``coral reef'' means any 
        reefs or shoals composed primarily of corals.
            [(5) Coral reef ecosystem.--The term ``coral reef 
        ecosystem'' means coral and other species of reef 
        organisms (including reef plants) associated with coral 
        reefs, and the nonliving environmental factors that 
        directly affect coral reefs, that together function as 
        an ecological unit in nature.
            [(6) 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).
            [(7) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.
            [(8) 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.]

SEC. 221. DEFINITIONS.

    In this title:
            (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--
                    (A) compensation for--
                            (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.

                                  
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