79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–196 

CORAL REEF CONSERVATION ACT REAUTHORIZATION 

AND ENHANCEMENT AMENDMENTS OF 2009 

JULY 10, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 860] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 860) to reauthorize the Coral Reef Conservation Act of 

2000, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Amendment of Coral Reef Conservation Act of 2000. 

TITLE I—AMENDMENTS TO THE CORAL REEF CONSERVATION ACT 

Sec. 101. Short title. 

Sec. 102. Expansion of Coral Reef Conservation Program. 

Sec. 103. Emergency response. 

Sec. 104. National program. 

Sec. 105. Report to Congress. 

Sec. 106. Fund; grants; grounding inventory; coordination. 

Sec. 107. Clarification of definitions. 

Sec. 108. Authorization of appropriations. 

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TITLE II—UNITED STATES CORAL REEF TASK FORCE 

Sec. 201. United States Coral Reef Task Force. 

TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES 

Sec. 301. Amendments relating to Department of the Interior program. 

Sec. 302. Clarification of definitions. 

SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000. 

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision 

of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.). 

TITLE I—AMENDMENTS TO THE CORAL REEF 

CONSERVATION ACT 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Coral Reef Conservation Amendments Act of 2009’’. 

SEC. 102. EXPANSION OF CORAL REEF CONSERVATION PROGRAM. 

(a) PROJECT DIVERSITY.—Section 204(d) (16 U.S.C. 6403(d)) is amended— 

(1) in the heading by striking ‘‘GEOGRAPHIC AND BIOLOGICAL’’ and inserting 

‘‘PROJECT’’; and 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) Remaining funds shall be awarded for— 

‘‘(A) projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international 

and territorial priorities, or threats identified by the Administrator in consultation with the United States Coral Reef Task Force; and 

‘‘(B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support.’’. 

(b) APPROVAL CRITERIA.—Section 204(g) (16 U.S.C. 6403(g)) is amended— 

(1) by striking ‘‘or’’ after the semicolon in paragraph (9); 

(2) by striking paragraph (10); and 

(3) by inserting after paragraph (9) the following: 

‘‘(10) promoting activities designed to minimize the likelihood of vessel impacts on coral reefs, particularly those areas identified under section 210(b), including the promotion of ecologically sound navigation and anchorages near 

coral reefs; or 

‘‘(11) promoting and assisting entities to work with local communities, and all 

appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral 

reef ecosystems.’’. 

SEC. 103. EMERGENCY RESPONSE. 

Section 206 (16 U.S.C. 6405) is amended to read as follows: 

‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 

‘‘(a) IN GENERAL.—The Administrator may undertake or authorize action necessary— 

‘‘(1) to minimize the destruction of or injury to a coral reef, or loss of an ecosystem function of a coral reef, from— 

‘‘(A) vessel impacts, derelict fishing gear, vessel anchors, and anchor 

chains; and 

‘‘(B) from unforeseen or disaster-related circumstances as a result of 

human activities; and 

‘‘(2) to stabilize, repair, recover, or restore a coral reef that is destroyed or 

injured, or that has incurred the loss of an ecosystem function, as described in 

paragraph (1). 

‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action authorized by subsection (a) includes vessel removal and emergency stabilization of the vessel or any impacted 

coral reef. 

‘‘(c) PARTNERING WITH OTHER FEDERAL AND STATE AGENCIES.—When possible, action by the Administrator under this section should— 

‘‘(1) be conducted in partnership with other government agencies as appropriate, including— 

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‘‘(A) the Coast Guard, the Federal Emergency Management Agency, the 

Army Corps of Engineers, the Environmental Protection Agency, and the 

Department of the Interior; and 

‘‘(B) agencies of States; and 

‘‘(2) leverage resources of other agencies. 

‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER FEDERAL AND STATE AGEN- CIES.— ‘‘(1) IN GENERAL.—The head of any other Federal or State agency may assist 

the Administrator in emergency response actions under this section, using 

funds available for operations of the agency concerned. 

‘‘(2) REIMBURSEMENT.—The Administrator, subject to the availability of appropriations, may reimburse a Federal or State agency for assistance provided 

under paragraph (1). 

‘‘(e) LIABILITY FOR COSTS AND DAMAGES TO CORAL REEFS.— ‘‘(1) TREATMENT OF CORAL REEFS UNDER NATIONAL MARINE SANCTUARIES

ACT.—For purposes of the provisions set forth in paragraph (2), and subject to 

paragraph (5), each of the terms ‘sanctuary resources’, ‘resource’, ‘sanctuary resource managed under law or regulations for that sanctuary’, ‘national marine 

sanctuary’, ‘sanctuary resources of the national marine sanctuary’, and ‘sanctuary resources of other national marine sanctuaries’ is deemed to include any 

coral reef that is subject to the jurisdiction of the United States or any State, 

without regard to whether such coral reef is located in a national marine sanctuary. 

‘‘(2) APPLICABLE PROVISIONS OF NATIONAL MARINE SANCTUARIES ACT.—The 

provisions referred to in paragraph (1) are the following provisions of the National Marine Sanctuaries Act: 

‘‘(A) Paragraphs (6) and (7) of section 302 (16 U.S.C. 1432). 

‘‘(B) Paragraphs (1), (2), (3), and (4) of section 306 (16 U.S.C. 1436). 

‘‘(C) Section 307 (16 U.S.C. 1437). 

‘‘(D) Section 312 (16 U.S.C. 1443). 

‘‘(3) EXEMPTIONS.—The destruction, loss, or injury of a coral reef or any component thereof is not unlawful if it was— 

‘‘(A) caused by the use of fishing gear in a manner that is not prohibited 

under the Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.) or other Federal or State law; or 

‘‘(B) caused by an activity that is authorized by Federal or State law, including any lawful discharge from a vessel of graywater, cooling water, engine exhaust, ballast water, or sewage from a marine sanitation device, unless the destruction, loss, or injury is a result of a vessel grounding, a vessel 

scraping, anchor damage, or excavation that is not authorized by a Federal 

or State permit; 

‘‘(C) the necessary result of bona fide marine scientific research (including 

marine scientific research activities approved by Federal, State, or local 

permits), other than— 

‘‘(i) sampling or collecting; and 

‘‘(ii) destruction, loss, or injury that is a result of a vessel grounding, 

a vessel scraping, anchor damage, or excavation that is not authorized 

by a Federal or State permit; or 

‘‘(D)(i) caused by a Federal Government agency inl 

‘‘(I) an emergency that posed an unacceptable threat to human 

health or safety or to the marine environment; 

‘‘(II) an emergency that posed a threat to national security; or 

‘‘(III) an activity necessary for law enforcement purposes or 

search and rescue; and 

‘‘(ii) could not be avoided. 

‘‘(4) CLARIFICATION OF LIABILITY.—A person is not liable under this subsection 

if that person establishes that— 

‘‘(A) the destruction or loss of, or injury to, the coral reef or coral reef ecosystem was caused solely by an act of God, an act of war, or an act of omission of a third party, and the person acted with due care; 

‘‘(B) the destruction, loss, or injury was caused by an activity authorized 

by Federal or State law; or 

‘‘(C) the destruction, loss, or injury was negligible. 

‘‘(5) STATE CONSENT REQUIRED.— 

‘‘(A) IN GENERAL.—This subsection shall not apply to any coral reef that 

is subject to the jurisdiction of a State unless the Governor of that State 

notifies the Secretary that the State consents to that application. 

‘‘(B) REVOCATION OF CONSENT.—The governor of a State may revoke consent under subparagraph (A) by notifying the Secretary of such revocation. 

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‘‘(6) CONSISTENCY WITH INTERNATIONAL LAWS AND TREATIES.— 

‘‘(A) IN GENERAL.—Any action taken under the authority of this subsection must be consistent with otherwise applicable international laws and 

treaties. 

‘‘(B) ACTIONS AUTHORIZED WITH RESPECT TO VESSELS.—For purposes of 

subparagraph (A), actions authorized under this subsection include vessel 

removal, and emergency re-stabilization of a vessel and any coral reef that 

is impacted by a vessel. 

‘‘(7) LIABILITY UNDER OTHER PROVISIONS.—Nothing in this title shall alter the 

liability of any person under any other provision of law.’’. 

SEC. 104. NATIONAL PROGRAM. 

(a) PURPOSE OF ACT.—Section 202 (16 U.S.C. 6401) is amended— 

(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), 

respectively, and by inserting after paragraph (1) the following: 

‘‘(2) to promote the resilience of coral reef ecosystems;’’. 

(2) by amending paragraph (4), as so redesignated, to read as follows: 

‘‘(4) to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems including large-scale threats related 

to climate change, such as ocean acidification, to benefit local communities and 

the Nation, and to the extent practicable to support and enhance management 

and research capabilities at local management agencies and local research and 

academic institutions;’’; and 

(3) by striking ‘‘and’’ after the semicolon at the end of paragraph (6), as so 

redesignated, by striking the period at the end of paragraph (7), as so redesignated, and inserting ‘‘; and’’, and by adding at the end the following: 

‘‘(8) to recognize the benefits of healthy coral reefs to island and coastal communities and to encourage Federal action to ensure, to the maximum extent 

practicable, the continued availability of those benefits.’’. 

(b) GOALS AND OBJECTIVES OF NATIONAL CORAL REEF ACTION STRATEGY.—Section 

203(b)(8) (16 U.S.C. 6402(b)(8)) is amended to read as follows: 

‘‘(8) conservation, including resilience and the consideration of island and 

local traditions and practices.’’. 

(c) AMENDMENTS RELATING TO ACTIVITIES TO CONSERVE CORAL REEFS AND CORAL

REEF ECOSYSTEMS.—Section 207(b) (16 U.S.C. 6406(b)) is amended— 

(1) in paragraph (3) by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (4)— 

(A) by striking ‘‘cooperative conservation’’ and inserting ‘‘cooperative research, conservation,’’; and 

(B) by striking ‘‘partners.’’ and inserting ‘‘partners, including academic institutions located in States;’’; and 

(3) by adding at the end the following: 

‘‘(5) improving and promoting the resilience of coral reefs and coral reef ecosystems; and 

‘‘(6) activities designed to minimize the likelihood of vessel impacts or other 

physical damage to coral reefs, including those areas identified in section 

210(b).’’. 

(d) CRITERIA FOR APPROVAL OF PROJECT PROPOSALS.—Section 204(g) (16 U.S.C. 

6403(g)) is further amended by striking ‘‘or’’ after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting 

after paragraph (10) the following: 

‘‘(11) improving and promoting the resilience of coral reefs and coral reef ecosystems; or’’. 

(e) DATA ARCHIVE, ACCESS, AND AVAILABILITY.—Section 207 (16 U.S.C. 6406) is 

amended— 

(1) in subsection (b) (as amended by subsection (b) of this section) by striking 

‘‘and’’ after the semicolon at the end of paragraph (5), by striking the period at 

the end of paragraph (6) and inserting ‘‘; and’’, and by adding at the end the 

following: 

‘‘(7) centrally archiving, managing, and distributing data sets and providing 

coral reef ecosystem assessments and services to the general public with local, 

regional, or international programs and partners.’’; and 

(2) by adding at the end the following: 

‘‘(c) DATA ARCHIVE, ACCESS, AND AVAILABILITY.—The Secretary, in coordination 

with similar efforts at other Departments and agencies shall provide for the longterm 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; 

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‘‘(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.’’. 

SEC. 105. REPORT TO CONGRESS. 

Section 208 (16 U.S.C. 6407) is amended to read as follows: 

‘‘SEC. 208. REPORT TO CONGRESS. 

‘‘Not later than March 1, 2010, and every 5 years thereafter, the Administrator 

shall submit to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Natural Resources of the House of Representatives 

a report describing all activities undertaken to implement the strategy, including— 

‘‘(1) a description of the funds obligated by each participating Federal agency 

to advance coral reef conservation during each fiscal year of the 5-fiscal-year period preceding the fiscal year in which the report is submitted; 

‘‘(2) a description of Federal interagency and cooperative efforts with States 

and non-governmental partner organizations to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reef ecosystems, 

including projects undertaken with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, and the Army Corps 

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; 

‘‘(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; and 

‘‘(5) an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address 

threats to coral reefs, including actions taken to address large-scale threats to 

coral reef ecosystems related to climate change.’’. 

SEC. 106. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION. 

(a) FUND; GRANTS; GROUNDING INVENTORY; COORDINATION.—The Act (16 U.S.C. 

6401 et seq.) is amended— 

(1) in section 205(a) (16 U.S.C. 6404(a)), by striking ‘‘organization solely’’ and 

all that follows and inserting ‘‘organization— 

‘‘(1) to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef 

strategy under section 203; and 

‘‘(2) to address emergency response actions under section 206.’’; 

(2) by adding at the end of section 205(b) (16 U.S.C. 6404(b)) the following: 

‘‘The organization is encouraged to solicit funding and in-kind services from the 

private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral 

reefs, including areas identified in section 210(b)(2).’’; 

(3) in section 205(c) (16 U.S.C. 6404(c)), by striking ‘‘the grant program’’ and 

inserting ‘‘any grant program or emergency response action’’; 

(4) by redesignating sections 209 and 210 as sections 217 and 218, respectively; and 

(5) by inserting after section 208 the following: 

‘‘SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 

‘‘(a) IN GENERAL.—The Administrator may make grants to entities that are eligible to receive grants under section 204(c) to provide additional funds to such entities 

to work with local communities and through appropriate Federal and State entities 

to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall— 

‘‘(1) support attainment of one or more of the criteria described in section 

204(g); 

‘‘(2) be developed at the community level; 

‘‘(3) utilize where applicable watershed-based or ecosystem-based approaches; 

‘‘(4) provide for coordination with Federal and State experts and managers; 

‘‘(5) build upon local approaches or models, including traditional or islandbased resource management concepts; and 

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‘‘(6) complement local action strategies or regional plans for coral reef conservation. 

‘‘(b) TERMS AND CONDITIONS.—The provisions of subsections (b), (d), (f), and (h) 

of section 204 apply to grants under subsection (a), except that, for the purpose of 

applying section 204(b)(1) to grants under this section, ‘75 percent’ shall be substituted for ‘50 percent’. 

‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

‘‘(a) IN GENERAL.—The Administrator, in coordination with other Federal agencies, may maintain an inventory of all vessel grounding incidents involving coral 

reefs, including a description of— 

‘‘(1) the impacts to such resources; 

‘‘(2) vessel and ownership information, if available; 

‘‘(3) the estimated cost of removal, mitigation, or restoration; 

‘‘(4) the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives; 

‘‘(5) the status of the response action, including the dates of vessel removal 

and mitigation or restoration and any actions taken to prevent future grounding 

incidents; and 

‘‘(6) recommendations for additional navigational aids or other mechanisms 

for preventing future grounding incidents. 

‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Administrator may— 

‘‘(1) use information from any inventory maintained under subsection (a) or 

any other available information source to identify all coral reef areas that have 

a high incidence of vessel impacts, including groundings and anchor damage; 

‘‘(2) identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts; and 

‘‘(3) develop a strategy and timetable to implement such measures, including 

cooperative actions with other Government agencies and non-governmental 

partners. 

‘‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDINATION. 

‘‘(a) REGIONAL COORDINATION.—The Secretary and other Federal members of the 

United States Coral Reef Task Force shall work in coordination and collaboration 

with other Federal agencies and States to implement the strategies developed under 

section 203, including regional and local strategies, to address multiple threats to 

coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and 

overharvesting. 

‘‘(b) RESPONSE AND RESTORATION ACTIVITIES.—The Secretary shall enter into written agreements with any States in which coral reefs are located regarding the manner in which response and restoration activities will be conducted within the affected State’s waters. Nothing in this subsection shall be construed to limit Federal 

response and restoration activity authority before any such agreement is final. 

‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.—All cooperative enforcement 

agreements in place between the Secretary and States affected by this title shall be 

updated to include enforcement of this title where appropriate. 

‘‘SEC. 212. AGREEMENTS. 

‘‘(a) IN GENERAL.—The Administrator may execute and perform such contracts, 

leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title. 

‘‘(b) COOPERATIVE AGREEMENTS.—In addition to the general authority provided by 

subsection (a), the Administrator may enter into, extend, or renegotiate agreements 

with universities and research centers with established management-driven 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 Administrator is authorized to use, 

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ment, personnel, and facilities of any Department, agency, or instrumentality of the 

United States, or of any State, local government, or Indian tribal government, or 

of any political subdivision thereof, or of any foreign government or international 

organization. 

‘‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION STRATEGY. 

‘‘(a) INTERNATIONAL CORAL REEF ECOSYSTEM STRATEGY.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of the 

Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 

2009, 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 title and the national strategy required pursuant to section 203(a). The Secretary shall periodically review and revise this strategy as necessary. 

‘‘(2) CONTENTS.—The strategy developed by the Secretary under paragraph (1) 

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 (b) to address the conservation of coral reef ecosystems identified pursuant to subparagraph (A); 

‘‘(C) establish goals, objectives, and specific targets for conservation of priority international coral reef ecosystems; 

‘‘(D) describe appropriate activities to achieve the goals and targets for 

international coral reef conservation, in particular those that leverage activities already conducted under this title; 

‘‘(E) develop a plan to coordinate implementation of the strategy with entities described in subsection (b) in order to leverage current activities 

under this title and other conservation efforts globally; 

‘‘(F) identify appropriate partnerships, grants, or other funding and technical assistance mechanisms to carry out the strategy; and 

‘‘(G) develop criteria for prioritizing partnerships under subsection (c). 

‘‘(b) COORDINATION.—In carrying out this section, the Secretary shall consult with 

the Secretary of State, the Administrator of the Agency for International Development, the Secretary of the Interior, and other relevant Federal agencies, and relevant United States stakeholders, and shall take into account coral reef ecosystem 

conservation initiatives of other nations, international agreements, and intergovernmental and nongovernmental organizations so as to provide effective cooperation 

and efficiencies in international coral reef conservation. The Secretary may consult 

with the United States Coral Reef Task Force in carrying out this subsection. 

‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM PARTNERSHIPS.— 

‘‘(1) IN GENERAL.—The Secretary may establish an international coral reef 

ecosystem partnership program to provide support, including funding and technical assistance, for activities that implement the strategy developed pursuant 

to subsection (a). 

‘‘(2) MECHANISMS.—The Secretary shall provide such support through existing 

authorities, working in collaboration with the entities described in subsection 

(b). 

‘‘(3) CRITERIA FOR APPROVAL.—The Secretary may not approve a partnership 

proposal under this section unless the partnership is consistent with the international coral reef conservation strategy developed pursuant to subsection (a), 

and meets the criteria specified in that strategy. 

‘‘(d) PRIORITY FOR CERTAIN PROJECTS CONDUCTED BY STATES.—In implementing 

this section, the Secretary shall give priority consideration to regional initiatives 

and projects that States are participating in with other nations. 

‘‘SEC. 214. PERMITS. 

‘‘(a) IN GENERAL.—The Administrator may, in accordance with this section and 

regulations issued under this title, issue a permit authorizing the conduct of bona 

fide research. 

‘‘(b) EXEMPT ACTIVITIES.—No permit under this section is required for an activity 

that is exempt from liability under section 206(e). 

‘‘(c) TERMS AND CONDITIONS.—The Administrator may place any terms and conditions on a permit issued under this section that the Administrator deems reasonable. 

‘‘(d) FEES.— 

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‘‘(1) ASSESSMENT AND COLLECTION.—Subject to regulations issued under this 

title, the Administrator 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 Administrator 

in processing the permit application, including indirect costs; and 

‘‘(B) if the permit is approved, all costs incurred, or expected to be incurred, by the Administrator as a direct result of the conduct of the activity 

for which the permit is issued. 

‘‘(3) USE OF FEES.—Amounts collected by the Administrator in the form of fees 

under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Administrator 

for issuing and administering permits under this section. 

‘‘(4) WAIVER OR REDUCTION OF FEES.—For any fee assessed under paragraph 

(2) of this subsection, the Administrator may— 

‘‘(A) accept in-kind contributions in lieu of a fee; or 

‘‘(B) waive or reduce the fee. 

‘‘(e) FISHING.—Nothing in this section shall be considered to require a person to 

obtain a permit under this section for the conduct of any fishing activity that is not 

prohibited by this title or regulations issued under this title. 

‘‘SEC. 215. REGULATIONS; APPLICATION IN ACCORDANCE WITH INTERNATIONAL LAW. 

‘‘(a) REGULATIONS.—The Administrator may issue such regulations as are necessary and appropriate to carry out the purposes of sections 206 and 214. 

‘‘(b) RELATIONSHIP TO INTERNATIONAL LAW.— This title and any regulations promulgated under this title shall be applied in accordance with international law. No 

restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless 

in accordance with international law. 

‘‘SEC. 216. JUDICIAL REVIEW. 

‘‘(a) IN GENERAL.—Judicial review of any action taken by the Secretary under this 

title shall be in accordance with sections 701 through 706 of title 5, United States 

Code, except that— 

‘‘(1) review of any final agency action of the Secretary taken under the authority of section 206(e) may be had only by the filing of a complaint by an interested person in the United States District Court for the appropriate district 

within 30 days after the date such final agency action is taken; and 

‘‘(2) review of the issuance or denial of a permit under this title may be had 

only by the filing of a petition for review by an interested person in the Circuit 

Court of Appeals of the United States for the District of Columbia Circuit or 

for the Federal judicial district in which such person resides or transacts business which is directly affected by the action taken within 120 days after the 

date such final agency action is taken. 

‘‘(b) 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.’’. 

(b) COOPERATIVE AGREEMENTS.—Section 204 (16 U.S.C. 6403) is amended by adding at the end the following: 

‘‘(k) MULTIYEAR COOPERATIVE AGREEMENTS.—The Administrator may enter into 

multiyear cooperative agreements with the heads of other Federal agencies, States, 

local governments, academic institutions, and non-governmental organizations to 

carry out the activities of the national coral reef action strategy developed under 

section 203 and to implement regional strategies developed pursuant to section 

211.’’. 

SEC. 107. CLARIFICATION OF DEFINITIONS. 

Section 218, as redesignated by section 106(a) of this Act (relating to definitions; 

16 U.S.C. 6409), is further amended— 

(1) by amending paragraph (2) to read as follows: 

‘‘(2) CONSERVATION.—The term ‘conservation’ means the use of methods and 

procedures that are necessary to preserve or sustain coral reefs and associated 

species as resilient diverse, viable, and self-perpetuating coral reef ecosystems, 

including— 

‘‘(A) all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management of habitat; 

‘‘(B) mapping; 

‘‘(C) monitoring of coral reef ecosystems; 

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‘‘(D) development and implementation of management strategies for marine protected area or networks thereof and marine resources consistent 

with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the 

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.); 

‘‘(E) law enforcement; 

‘‘(F) conflict resolution initiatives; 

‘‘(G) community outreach and education; and 

‘‘(H) activities that promote safe and ecologically sound navigation.’’; 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) CORAL.—The term ‘coral’ means species of the phylum Cnidaria, including— 

‘‘(A) all species of the orders Antipatharia (black corals), Scleractinia 

(stony corals), Gorgonacea (horny corals), Stolonifera (organ-pipe corals and 

others), Alcyonacea (soft corals), and Helioporacea (blue coral), of the class 

Anthozoa; and 

‘‘(B) all species of the families Milleporidae (fire corals) and Stylasteridae 

(stylasterid hydrocorals), of the class Hydrozoa.’’; 

(3) by amending paragraph (4) to read as follows: 

‘‘(4) CORAL REEF.—The term ‘coral reef’ means a limestone structure composed 

in whole or in part of living zooxanthellate stony corals (Class Anthozoa, Order 

Scleractinia), their skeletal remains, or both.’’; 

(4) by amending paragraph (5) to read as follows: 

‘‘(5) CORAL REEF ECOSYSTEM.—The term ‘coral reef ecosystem’ means a system 

of coral reefs and geographically associated species, habitats, and environment, 

including mangroves and seagrass habitats, and the processes that control its 

dynamics.’’; 

(5) by redesignating paragraphs (7) and (8) in order as paragraphs (8) and 

(9), respectively, and by inserting after paragraph (6) the following: 

‘‘(7) CORAL REEF COMPONENT.—The term ‘coral reef component’ means any 

part of a coral reef, including individual living or dead corals, associated sessile 

invertebrates and plants, and any adjacent or associated seagrasses.’’. 

SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

Section 217, as redesignated by section 106(a) of this Act (relating to authorization of appropriations; 16 U.S.C. 6408), is further amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to the Secretary of 

Commerce to carry out this title $30,000,000 for fiscal year 2010, $32,000,000 for 

fiscal year 2011, $34,000,000 for fiscal year 2012, and $35,000,000 for fiscal years 

2013 and 2014.’’; 

(2) in subsection (b) by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) COMMUNITY-BASED PLANNING GRANTS.—There is authorized to be appropriated to the Administrator to carry out section 209, $8,000,000 for fiscal years 

2010 through 2014, to remain available until expended.’’; and 

(4) by striking subsection (d) and inserting the following: 

‘‘(d) DEPARTMENT OF THE INTERIOR.—There is authorized to be appropriated to the 

Secretary of the Interior to carry out this title $10,000,000 for each of fiscal years 

2009 through 2013.’’. 

TITLE II—UNITED STATES CORAL REEF TASK 

FORCE 

SEC. 201. UNITED STATES CORAL REEF TASK FORCE. 

(a) ESTABLISHMENT.—There is hereby established the United States Coral Reef 

Task Force. 

(b) GOAL.—The goal of the Task Force shall be to lead, coordinate, and strengthen 

Federal Government actions to better preserve and protect coral reef ecosystems. 

(c) DUTIES.—The duties of the Task Force shall be— 

(1) to coordinate, in cooperation with State and local government partners, 

academic partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration 

of coral reefs and coral reef ecosystems; 

(2) to monitor and advise regarding implementation of the policy and Federal 

agency responsibilities set forth in Executive Order 13089 and the national 

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coral reef action strategy developed under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act; and 

(3) to work with the Secretary of State and the Administrator of the Agency 

for International Development, and in coordination with the other members of 

the Task Force, to— 

(A) assess the United States role in international trade and protection of 

coral species; and 

(B) encourage implementation of appropriate strategies and actions to 

promote conservation and sustainable use of coral reef resources worldwide. 

(d) MEMBERSHIP, GENERALLY.—The Task Force shall be comprised of— 

(1) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force; 

(2) the Administrator of the Agency of International Development; 

(3) the Secretary of Agriculture; 

(4) the Secretary of Defense; 

(5) the Secretary of the Army, acting through the Corps of Engineers; 

(6) the Secretary of Homeland Security; 

(7) the Attorney General; 

(8) the Secretary of State; 

(9) the Secretary of Transportation; 

(10) the Administrator of the Environmental Protection Agency; 

(11) the Administrator of the National Aeronautics and Space Administration; 

(12) the Director of the National Science Foundation; 

(13) the Governor, or a representative of the Governor, of the Commonwealth 

of the Northern Mariana Islands; 

(14) the Governor, or a representative of the Governor, of the Commonwealth 

of Puerto Rico; 

(15) the Governor, or a representative of the Governor, of the State of Florida; 

(16) the Governor, or a representative of the Governor, of the State of Hawaii; 

(17) the Governor, or a representative of the Governor, of the Territory of 

Guam; 

(18) the Governor, or a representative of the Governor, of the Territory of 

American Samoa; and 

(19) the Governor, or a representative of the Governor, of the Virgin Islands. 

(e) NONVOTING MEMBERS.—The President, or a representative of the President, of 

each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a nonvoting 

member of the Task Force. 

(f) RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.— 

(1) IN GENERAL.—The Federal agency members of the Task Force shall— 

(A) identify the actions of their agencies that may affect coral reef ecosystems; 

(B) utilize the programs and authorities of their agencies to protect and 

enhance the conditions of such ecosystems; and 

(C) assist in the implementation of the National Action Plan to Conserve 

Coral Reefs, the national coral reef action strategy developed under section 

203 of the Coral Reef Conservation Act of 2000, as amended by this Act, 

the local action strategies, and any other coordinated efforts approved by 

the Task Force. 

(2) CO-CHAIRS.—In addition to their responsibilities under paragraph (1), the 

co-chairs of the Task Force shall administer performance of the functions of the 

Task Force and facilitate the coordination of the Federal agency members of the 

Task Force. 

(g) WORKING GROUPS.— 

(1) IN GENERAL.—The co-chairs of the Task Force may establish working 

groups as necessary to meet the goals and duties of this title. The Task Force 

may request the co-chairs to establish such a working group. 

(2) PARTICIPATION BY NONGOVERNMENTAL ORGANIZATIONS.—The co-chairs may 

allow a nongovernmental organization or academic institution to participate in 

such a working group. 

(h) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 

to the Task Force. 

(i) DEFINITIONS.—The definitions in section 218 of the Coral Reef Conservation 

Act of 2000, as amended by this Act , shall apply to this section. 

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TITLE III—DEPARTMENT OF THE INTERIOR 

CORAL REEF AUTHORITIES 

SEC. 301. AMENDMENTS RELATING TO DEPARTMENT OF THE INTERIOR PROGRAM. 

(a) AMENDMENTS AND CLARIFICATIONS TO DEFINITIONS.— 

(1) FISH AND WILDLIFE COORDINATION ACT.—Section 8 of the Fish and Wildlife 

Coordination Act (16 U.S.C. 666b) is amended by inserting before the period at 

the end the following: ‘‘, including coral reef ecosystems (as such term is defined 

in section 218 of the Coral Reef Conservation Act of 2000) located in any unit 

of the National Park System, any unit of the National Wildlife Refuge System, 

or any Marine National Monument designated under the Act of June 8, 1906 

(34 Stat. 225; 16 U.S.C. 431) (popularly known as the ‘Antiquities Act’)’’. 

(2) FISH AND WILDLIFE ACT OF 1956 AND FISH AND WILDLIFE IMPROVEMENT ACT

OF 1978.—With respect to the authorities under the Fish and Wildlife Act of 

1956 (16 U.S.C. 742a et seq.) and the authorities under the Fish and Wildlife 

Improvement Act of 1978 (16 U.S.C. 742l), references in such Acts to ‘‘wildlife’’ 

and ‘‘fish and wildlife’’ shall be construed to include coral reef ecosystems (as 

such term is defined in section 218 of the Coral Reef Conservation Act of 2000, 

as amended by this Act) located in any unit of the National Park System, any 

unit of the National Wildlife Refuge System, or any Marine National Monument 

designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly known as the ‘‘Antiquities Act’’). 

(b) CORAL REEF CONSERVATION ASSISTANCE.— 

(1) IN GENERAL.—The Secretary of the Interior may provide technical assistance and, subject to the availability of appropriations, financial assistance for 

the conservation of coral reefs. 

(2) DEFINITIONS.—In this subsection each of the terms ‘‘conservation’’ and 

‘‘coral reef’’ has the meaning that term has under section 218 of the Coral Reef 

Conservation Act of 2000 (16 U.S.C. 6409), amended by this Act. 

SEC. 302. CLARIFICATION OF DEFINITIONS. 

Section 218, as redesignated by section 106(a) of this Act (relating to definitions; 

16 U.S.C. 6409), is further amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’— 

‘‘(A) except as provided in subparagraph (B), means the Administrator of 

the National Oceanic and Atmospheric Administration; and 

‘‘(B) in sections 206, 209, 212, 214, and 215, means the Secretary of the 

Interior for purposes of application of those sections to national park units 

and national wildlife refuges.’’; and 

(2) by amending paragraph (8), as redesignated by section 107(5) of this Act, 

to read as follows: 

‘‘(8) SECRETARY.—The term ‘Secretary’— 

‘‘(A) except as provided in subparagraphs (B) and (C), means the Secretary of Commerce; 

‘‘(B) in section 206(e), means— 

‘‘(i) the Secretary of the Interior, with respect to any coral reef or 

component thereof that is located in— 

‘‘(I) any unit of the National Park System; 

‘‘(II) any unit of the National Wildlife Refuge System; or 

‘‘(III) any Marine National Monument designated under any of 

the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 

Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

Wildlife Improvement Act of 1978 (16 U.S.C. 695j–1 et seq) and the 

provisions of law enacted by that Act, and the Act of June 8, 1906 

(34 Stat. 225; 16 U.S.C. 431) (popularly known as the ‘Antiquities 

Act’) and that is under the administrative jurisdiction of the Secretary of the Interior; and 

‘‘(ii) the Secretary of Commerce, with respect to any other coral reef 

or component thereof that is located in any Marine National Monument 

designated under a law referred to in clause (i)(III); and 

‘‘(C) in sections 203, means the Secretary of Commerce and the Secretary 

of the Interior.’’. 

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PURPOSE OF THE BILL

The purpose of H.R. 860 is to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Coral reefs are some of the most threatened marine ecosystems 

both in the United States and globally. Reef building corals are 

tiny marine animals that depend on symbiotic algae to convert sunlight and nutrients into energy for growth and reproduction. Commonly found growing in colonies of polyps, both hard and soft corals secrete calcium carbonate exoskeletons that, in the aggregate, 

form coral reef structures. These structures reproduce and grow to 

become massive living structures that cover wide areas of shallow 

tropical and subtropical seas and represent some of the oldest living systems on the planet. 

Located along one-sixth of the world’s coastlines, coral reefs can 

support hundreds of thousands of plant and animal species, with 

estimates of more than 9 million reef species worldwide. The full 

value of coral reef ecosystems remains difficult to precisely determine, but estimates are available. The U.S. Commission on Ocean 

Policy in 2004 reported that coral reef ecosystems provide an estimated total worldwide value of $375 billion in goods and services. 

Conservation International reported more narrowly in 2008 an estimated global value for coral reefs of $29.8 billion derived from tourism, recreation, coastal protection, fisheries and the maintenance of 

biodiversity. More specifically, estimates of annual economic value 

of coral reefs in Hawaii ($364 million), Guam ($127.3 million), the 

Commonwealth of the Northern Mariana Islands ($61.7 million), 

and American Samoa ($5.8 million) demonstrate the importance of 

this resource to island economies. Growing interest in the medicinal properties of corals as exhibited by the pharmaceutical industry should only increase the overall economic value of corals. Additionally, scientific knowledge contained within certain corals is invaluable. Living commonly for 300 years or more, some corals can 

provide scientists with hundreds of years of environmental data 

based on the chemical composition of their skeletons, which is important for research to improve our understanding of global climate 

change and ocean acidification. 

Unfortunately, coral species, and all associated reef species and 

habitats, are in peril. According to the Global Coral Reef Monitoring Network, over 28 percent of the world’s coral reefs have been 

permanently lost. Many coral reefs must cope with multiple environmental threats, including: over-fishing and destructive fishing 

practices; ship groundings and debris; human population growth 

and shoreline development; polluted run-off and degraded water 

quality; and siltation and impaired water clarity. Additionally, 

coral reefs are increasingly threatened directly from another global 

phenomenon: ocean acidification. The recent release of the Monaco 

Declaration of 2008, signed by 155 scientists from 26 nations, made 

clear that ocean acidification caused by CO2 absorption is accelerating and that irreparable damage to coral ecosystems is imminent. The declaration emphasized that it is imperative that we protect these fragile ecosystems before they literally dissolve away. 

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In consideration of the many threats facing coral reefs, Congress 

enacted in 2000 the Coral Reef Conservation Act. The Act established within the National Oceanic and Atmospheric Administration (NOAA) a Coral Reef Conservation Program to fund coral reef 

conservation activities directly through grants to states, territories 

and other partners. The Act also required development of a Coral 

Reef Action Strategy and authorized NOAA to undertake research, 

mapping, management and education and outreach activities to 

protect coral reef ecosystems. H.R. 860 enhances the Coral Reef 

Conservation Act of 2000 to provide additional tools available to 

federal, state and territorial marine resource managers and scientists to continue to protect coral reefs from the growing number 

of threats they face. 

COMMITTEE ACTION

H.R. 860 was introduced on February 4, 2009 by Representative 

Madeleine Z. Bordallo (D–GU). The bill was referred to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Insular Affairs, Oceans and Wildlife. On February 25, 2009, the Subcommittee held a hearing on the bill. On 

April 22, 2009, the Subcommittee was discharged from further consideration of H.R. 860 and the Full Natural Resources Committee 

met to consider the bill. Representative Bordallo (D–GU) offered an 

amendment in the nature of a substitute (ANS). Representative 

Boren (D–OK) offered an amendment to the ANS that would have 

narrowed the definition of ‘‘coral reef’’. It was withdrawn. Representative Hastings (R–WA) offered an amendment to the amendment that would have struck from the bill the new section 216 concerning judicial review. It also was withdrawn. Representative 

Hastings (R–WA) offered a second amendment to the ANS that 

would have made ineligible to receive any financial assistance 

under the Act any organization that was party to a lawsuit against 

the federal government. The amendment was withdrawn. The 

amendment in the nature of a substitute was then adopted by voice 

vote. The bill as amended was then ordered favorably reported to 

the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘Coral Reef 

Conservation Act Reauthorization and Enhancement Amendments 

of 2009’. 

Section 2. Amendment of Coral Reef Conservation Act of 2000 

Section 2 states that unless otherwise expressly provided, 

amendments in this bill are made to the Coral Reef Conservation 

Act of 2000. 

TITLE I—AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

Section 101. Short title 

Section 101 cites this title as the ‘Coral Reef Conservation 

Amendments Act of 2009’. 

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Section 102. Expansion of Coral Reef Conservation Program 

Section 102 revises the Coral Reef Conservation Program established by the Coral Reef Conservation Act of 2000 to ensure diversity in projects funded by the program. It also expands the criteria 

used to review proposed projects to ensure that approved projects 

minimize the likelihood of vessel impacts to reefs and also promote 

and support community-based planning and management initiatives for coral reefs. 

Section 103. Emergency response 

Section 103 expands the authorities of the NOAA Administrator 

to take actions necessary to address emergency situations affecting 

coral reefs, including vessel impacts and unforeseen or disaster-related circumstances. These actions may include, but are not limited 

to, vessel removals and emergency stabilization of a vessel or impacted coral reef. Additionally, this section authorizes other federal 

and state agencies to assist the NOAA Administrator in emergency 

response activities and to receive reimbursement for services rendered. Finally, this section expands the authority for enforcement 

and recovery of costs for natural resource damages under the National Marine Sanctuaries Act to apply to corals and coral reefs 

that lie in waters under U.S. jurisdiction but outside of the boundaries of existing marine sanctuaries, provided there is state or territorial consent for coral reef damages that occur in state or territorial waters, and further provided that such actions are consistent 

with international law. However, exemptions are granted for damages caused by fishing activities that comply with the MagnusonStevens Fishery Conservation and Management Act; activities authorized by federal or state law; impacts necessary to facilitate 

bona fide marine scientific research; and damages caused by the 

federal government during emergencies. 

Section 104. National program 

Section 104 expands the purposes of the Coral Reef Conservation 

Act and the goals and objectives of the national coral reef program 

to incorporate greater emphasis on the importance of coral resources to local communities, to recognize the role local academic 

institutions play in facilitating coral reef conservation, management and research activities, and to recognize the threat of climate 

change to coral reef resources. This section expands the criteria for 

approval of project proposals to include improving the resilience of 

coral reefs and centrally archiving, managing, and distributing 

data sets about coral reef ecosystems. Finally, this section directs 

the Secretary to be the long-term steward and to make available 

environmental data, products, and information related to coral reef 

ecosystems. 

Section 105. Report to Congress 

Section 105 replaces the existing requirement in the Coral Reef 

Conservation Act of 2000 for two separate reports to Congress on 

the Conservation Grant Program and the National Program. Instead, the Administrator is required to submit to Congress once 

every five years, commencing no later than March 1, 2010, a report 

describing all activities undertaken to implement the national coral 

reef action strategy. 

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Section 106. Fund; grants; grounding inventory; coordination 

Section 106 expands the role of the private organization that 

manages the Coral Reef Conservation Fund to clarify that this organization should encourage public-private partnerships consistent 

with the Act, and solicit non-federal funding and in-kind services 

from the private sector to support emergency response activities. 

This section also amends the Act by re-designating sections 209 

and 210 of the Act as sections 217 and 218 and by inserting eight 

new sections to the Act. 

Section 209 authorizes a community-based grant program to support local community efforts to prepare and implement plans supporting increased protection of high priority coral reef areas. 

Section 210 directs NOAA to establish and maintain a vessel 

grounding inventory for all incidents involving coral reefs, including locations, vessel ownership information, estimates and costs for 

removal, mitigation and restoration activities, and recommendations to prevent future groundings. NOAA is also directed to identify all reef areas with a high incidence rate of vessel impacts and 

develop a strategy and timetable to reduce the likelihood of these 

impacts. 

Section 211 directs the Secretary and the other federal members 

of the Coral Reef Task Force to coordinate and collaborate with 

other federal agencies, states, and territorial governments to implement the national coral reef action strategy. This section directs 

the Secretary to enter into written agreements with any states in 

regard to response and restoration activities for coral reefs within 

affected state waters and to update enforcement agreements. 

Section 212 allows the Administrator to enter into agreements 

with universities and research centers, such as coral reef institutes 

or other educational institutions such as the University of Guam 

or American Samoa Community College, to conduct ecological research and monitoring that builds capacity for more effective resource management. It allows the Administrator to use, with their 

consent, the resources of other agencies, state, local, or tribal governments, foreign governments, or international organizations to 

form strategic and beneficial partnerships to accomplish shared 

goals in coral reef conservation. 

Section 213 establishes an International Coral Reef Conservation 

Strategy to conserve coral reef ecosystems in waters outside of U.S. 

jurisdiction. It directs the Secretary to submit an international 

coral reef ecosystem strategy to Congress, which identifies high 

value coral reef ecosystems throughout the world. This strategy 

also states goals, activities, and partnerships needed to conserve 

these prioritized ecosystems. It also authorizes a partnership program to provide support for these activities that implement this 

strategy and conserve coral reefs that cross international boundaries, protecting the connectivity of these ecosystems. Finally, in 

implementing this section the Secretary is to give priority consideration to regional initiatives and projects that states are participating in with other nations. 

Section 214 allows the Administrator to issue and collect fees for 

coral reef conservation permits for bona fide research. Any activity 

exempt from liability is not required to obtain a permit. 

Section 215 allows the Administrator to issue regulations to 

carry out the purposes of the Act. 

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Section 216 clarifies that complaints on agency action taken pursuant to the new section 206(e) of the Act must be made within 30 

days to receive judicial review of an agency action. Complaints regarding the issuance or denial of a permit must be made within 

120 days. The costs of litigation may be awarded by the court to 

any prevailing party. 

Section 106 also expands section 204 of the Coral Reef Conservation Act of 2000, allowing the Administrator to enter into multiyear cooperative agreements with federal agencies, states, territories, local governments, academic institutions, and non-governmental organizations to carry out the national coral reef action 

strategy and to implement regional strategies. 

Section 107. Clarification of definitions 

Section 107 makes technical and clarifying revisions to the definitions of ‘conservation,’ ‘coral,’ ‘coral reef,’ and ‘coral reef ecosystem,’ within the original Coral Reef Conservation Act of 2000 to 

better capture the biological and ecological elements of coral reefs 

and the full range of activities that comprise conservation and adds 

a definition of ’coral reef component’. 

Section 108. Authorization of appropriations 

Section 108 authorizes the appropriation of $30,000,000 to the 

Secretary of Commerce for Fiscal Year 2010, increasing incrementally each year to $35,000,000 for each of Fiscal Years 2013 and 

2014 to implement the Act. This section authorizes the NOAA to 

receive $8 million for Fiscal Years 2010–2014 for community-based 

planning grants. The Secretary of the Interior is authorized to receive $10 million per year for Fiscal Years 2009–2013 to implement 

the Act. 

TITLE II—UNITED STATES CORAL REEF TASK FORCE

Section 201. United States Coral Reef Task Force 

Section 201 codifies the existing United States Coral Reef Task 

Force created in 2000 by President William J. Clinton pursuant to 

Executive Order 13089. 

TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

Section 301. Amendments relating to the Department of the Interior 

program 

Section 301 recognizes the Secretary of the Interior’s authorities 

over coral reef resources under the management jurisdiction of the 

Department of the Interior. This section would amend the Fish and 

Wildlife Coordination Act, the Fish and Wildlife Act of 1956, and 

the Fish and Wildlife Improvement Act of 1978 to clarify that coral 

reefs are included as fish and wildlife resources located in any unit 

of the National Park System, any unit of the National Wildlife Refuge System, or any Marine National Monument. In addition, the 

Secretary of the Interior is authorized to provide technical and financial assistance to coastal states and territories for coral reef 

conservation. 

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Section 302. Clarification of definitions 

This section revises the definition of ‘Secretary’ to include the 

Secretary of the Interior for any coral reef that is located within 

the National Wildlife Refuge System, the National Park System, or 

Marine National Monument that is under the administrative jurisdiction of the Secretary of the Interior. This section also clarifies 

that ’Administrator’ in sections 206, 209, 212, 214, and 215 means 

the Secretary of Interior as defined in this section. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the proposed advisory committee authorized in 

the bill are not currently being nor could they be performed by one 

or more agencies, an advisory committee already in existence or by 

enlarging the mandate of an existing advisory committee. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to reauthorize the Coral Reef Conservation Act of 

2000, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 860—Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2009 

Summary: H.R. 860 would authorize the appropriation of $214 

million over the 2010–2014 period to the National Oceanic and Atmstockstill on DSKH9S0YB1PROD with HEARING

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mospheric Administration (NOAA) and the Department of the Interior (DOI) for programs and research on conserving coral reefs. Assuming appropriation of the authorized amounts, CBO estimates 

that carrying out those activities would cost $200 million through 

2014. (An additional $14 million would be spent after 2014.) Enacting H.R. 860 could increase revenues and associated direct spending, but we estimate that such changes would have no significant 

net impact in any year. 

By establishing new protections for coral reefs, H.R. 860 would 

impose intergovernmental and private-sector mandates as defined 

in the Unfunded Mandates Reform Act (UMRA). CBO estimates 

that the annual costs of complying with those mandates would fall 

below the annual thresholds established in UMRA ($69 million for 

intergovernmental mandates and $139 million for private-sector 

mandates in 2009, adjusted annually for inflation). 

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 860 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 0214 2009– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION’ 

NOAA Coral Reef Conservation Program: 

Authorization Level .............................................................. 30 32 34 35 35 166 

Estimate Outlays ................................................................. 20 27 32 34 34 147 

International Coral Reef Conservation Program: 

Authorization Level .............................................................. 10 10 10 10 0 40 

Estimated Outlays ............................................................... 12 11 11 10 1 45 

Community Planning Grants: 

Estimate Authorization Level ............................................... 1 2 2 2 1 8 

Estimate Outlays ................................................................. 1 2 2 2 1 8 

Total Changes: 

Estimated Authorization Level ............................................. 41 44 46 47 36 214 

Estimated Outlays ............................................................... 33 40 45 46 36 200 

1 The table does not include any amounts for possible permit fees and associated spending, both of which would require future Congres- sional action. Such amounts are expected to be minor and to offset each other in any year. 

Basis of estimate: For this estimate, CBO assumes that H.R. 860 

will be enacted near the end of fiscal year 2009 and that the authorized amounts will be appropriated for each year. Estimated 

outlays are, based on historical spending patterns for similar programs. 

The amouts specifically authorized to be appropriated by H.R. 

860 include between $30 million and $35 million annually through 

2014 for NOAA’s current programs and $10 million annually 

through 2013 for new DOI programs. (By comparison, NOAA received an appropriation of $29 million in 2009 for the coral reef 

conservation program. The Department of the Interior, primarily 

the U.S. Fish and Wildlife Service, also received appropriations of 

several million dollars for coral reef programs in 2009.) 

The bill also would authorize the appropriation of $8 million over 

the 2010–2014 period for community planning grants to states for 

coral reef research. CBO assumes that this authorization would be 

provided and spent roughly evenly over the five-year period. 

Finally, the bill would authorize NOAA to impose fees on permits 

to collect coral and to use such collections for research purposes, 

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but only to the extent that such collections and spending are provided for in future appropriations Acts. CBO estimates that new 

offsetting collections from permit fees and associated spending 

would be negligible. 

Revenues and direct spending: Enacting H.R. 860 could increase 

both revenues and direct spending, but CBO estimates that any 

such changes would largely offset each other over the 2010–2014 

period. 

H.R. 860 would expand the protections afforded to coral reefs located in a national marine sanctuary or national parks to coral 

reefs in all U.S. waters. The bill would establish enforcement mechanisms such as penalties and asset forfeitures, and would make 

violators liable for damages to coral reefs 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 additional 

penalties, damages, and cost reimbursements would increase revenues by about $1 million over the 2010–2014 period and by $2 million over the 2010–2019 period. 

Amounts collected under H.R. 860 from civil penalties and other 

monetary collections would be available without further appropriation to DOI or NOAA (depending on the location of the damaged 

coral reef) for activities such as repairing and restoring damaged 

reefs. Criminal penalties would be deposited in and spent from the 

Crime Victims Fund. As a result, the collection and expenditure of 

fines and penalties under the bill would have no significant net impact in any year. 

Estimated intergovernmental and private-sector impact: H.R. 860 

contains intergovernmental and private-sector mandates as defined 

in UMRA, but CBO estimates that the annual costs of those mandates would fall below the annual thresholds established in UMRA 

($69 million for intergovernmental mandates and $139 million for 

private-sector mandates in 2009, adjusted annually for inflation). 

The bill 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 and response costs. Currently, only those coral reefs 

protected under separate legal authorities, such as those located 

within national marine sanctuaries, receive such protection. Based 

on information from NOAA, CBO estimates that the cost of complying with this mandate would not be significant. 

H.R. 860 also would authorized NOAA to issue permits for research activities that could affect coral reefs. If NOAA established 

a permit program that requires researchers, such as those at universities and other institutions (public and private), to obtain a 

permit to conduct research, 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 permit would be low. 

Estimate prepared by: Federal Costs: Aurora Swanson and Deborah Reis; 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. 

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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 860 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

CORAL REEF CONSERVATION ACT OF 2000 

* * * * * * * 

TITLE II—CORAL REEF CONSERVATION 

* * * * * * * 

SEC. 202. PURPOSES. 

The purposes of this title are— 

(1) * * * 

(2) to promote the resilience of coral reef ecosystems; 

ø(2)¿ (3) to promote the wise management and sustainable 

use of coral reef ecosystems to benefit local communities and 

the Nation; 

ø(3) to develop sound scientific information on the condition 

of coral reef ecosystems and the threats to such ecosystems;¿ 

(4) to develop sound scientific information on the condition of 

coral reef ecosystems and the threats to such ecosystems including large-scale threats related to climate change, such as ocean 

acidification, to benefit local communities and the Nation, and 

to the extent practicable to support and enhance management 

and research capabilities at local management agencies and 

local research and academic institutions; 

ø(4)¿ (5) to assist in the preservation of coral reefs by supporting conservation programs, including projects that involve 

affected local communities and nongovernmental organizations; 

ø(5)¿ (6) to provide financial resources for those programs 

and projects; øand¿ 

ø(6)¿ (7) to establish a formal mechanism for collecting and 

allocating monetary donations from the private sector to be 

used for coral reef conservation projectsø.¿; and 

(8) to recognize the benefits of healthy coral reefs to island 

and coastal communities and to encourage Federal action to ensure, to the maximum extent practicable, the continued availability of those benefits. 

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SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY. 

(a) * * * 

(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) * * * 

* * * * * * * 

ø(8) conservation, including how the use of marine protected 

areas to serve as replenishment zones will be developed consistent with local practices and traditions.¿ 

(8) conservation, including resilience and the consideration of 

island and local traditions and practices. 

SEC. 204. CORAL REEF CONSERVATION PROGRAM. 

(a) * * * 

* * * * * * * 

(d) øGEOGRAPHIC AND BIOLOGICAL¿ PROJECT DIVERSITY.—The 

Administrator shall ensure that funding for grants awarded under 

subsection (b) during a fiscal year are distributed in the following 

manner: 

(1) * * * 

* * * * * * * 

ø(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 Administrator in consultation with 

the United States Coral Reef Task Force; and 

(B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support. 

* * * * * * * 

(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) * * * 

* * * * * * * 

(9) developing and implementing cost-effective methods to restore degraded coral reef ecosystems; øor¿ 

ø(10) promoting ecologically sound navigation and anchorages near coral reefs.¿ 

(10) promoting activities designed to minimize the likelihood 

of vessel impacts on coral reefs, particularly those areas identimstockstill on DSKH9S0YB1PROD with HEARING

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fied under section 210(b), including the promotion of ecologically sound navigation and anchorages near coral reefs; 

(11) improving and promoting the resilience of coral reefs and 

coral reef ecosystems; 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 ecosystems. 

* * * * * * * 

(k) MULTIYEAR COOPERATIVE AGREEMENTS.—The Administrator 

may enter into multiyear cooperative agreements with the heads of 

other Federal agencies, States, local governments, academic institutions, and non-governmental organizations to carry out the activities 

of the national coral reef action strategy developed under section 

203 and to implement regional strategies developed pursuant to section 211. 

SEC. 205. CORAL REEF CONSERVATION FUND. 

(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 øorganization 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.¿ organization— 

(1) to support partnerships between the public and private 

sectors that further the purposes of this Act and are consistent 

with the national coral reef strategy under section 203; and 

(2) to address emergency response actions under section 206. 

(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). The organization is encouraged to solicit funding and in-kind services from the private 

sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including areas identified in section 210(b)(2). 

(c) REVIEW OF PERFORMANCE.—The Administrator shall conduct 

a continuing review of øthe grant program¿ any grant program or 

emergency response action 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. 

* * * * * * * 

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øSEC. 206. EMERGENCY ASSISTANCE. 

øThe 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. EMERGENCY RESPONSE ACTIONS. 

(a) IN GENERAL.—The Administrator may undertake or authorize 

action necessary— 

(1) to minimize the destruction of or injury to a coral reef, or 

loss of an ecosystem function of a coral reef, from— 

(A) vessel impacts, derelict fishing gear, vessel anchors, 

and anchor chains; and 

(B) from unforeseen or disaster-related circumstances as 

a result of human activities; and 

(2) to stabilize, repair, recover, or restore a coral reef that is 

destroyed or injured, or that has incurred the loss of an ecosystem function, as described in paragraph (1). 

(b) VESSEL REMOVAL; STABILIZATION.—Action authorized by subsection (a) includes vessel removal and emergency stabilization of 

the vessel or any impacted coral reef. 

(c) PARTNERING WITH OTHER FEDERAL AND STATE AGENCIES.— 

When possible, action by the Administrator under this section 

should— 

(1) be conducted in partnership with other government agencies as appropriate, including— 

(A) the Coast Guard, the Federal Emergency Management Agency, the Army Corps of Engineers, the Environmental Protection Agency, and the Department of the Interior; and 

(B) agencies of States; and 

(2) leverage resources of other agencies. 

(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER FEDERAL AND

STATE AGENCIES.— 

(1) IN GENERAL.—The head of any other Federal or State 

agency may assist the Administrator in emergency response actions under this section, using funds available for operations of 

the agency concerned. 

(2) REIMBURSEMENT.—The Administrator, subject to the 

availability of appropriations, may reimburse a Federal or 

State agency for assistance provided under paragraph (1). 

(e) LIABILITY FOR COSTS AND DAMAGES TO CORAL REEFS.— 

(1) TREATMENT OF CORAL REEFS UNDER NATIONAL MARINE

SANCTUARIES ACT.—For purposes of the provisions set forth in 

paragraph (2), and subject to paragraph (5), each of the terms 

‘‘sanctuary resources’’, ‘‘resource’’, ‘‘sanctuary resource managed 

under law or regulations for that sanctuary’’, ‘‘national marine 

sanctuary’’, ‘‘sanctuary resources of the national marine sanctuary’’, and ‘‘sanctuary resources of other national marine sanctuaries’’ is deemed to include any coral reef that is subject to 

the jurisdiction of the United States or any State, without regard to whether such coral reef is located in a national marine 

sanctuary. 

(2) APPLICABLE PROVISIONS OF NATIONAL MARINE SANCTUARIES ACT.—The provisions referred to in paragraph (1) are 

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the following provisions of the National Marine Sanctuaries 

Act: 

(A) Paragraphs (6) and (7) of section 302 (16 U.S.C. 

1432). 

(B) Paragraphs (1), (2), (3), and (4) of section 306 (16 

U.S.C. 1436). 

(C) Section 307 (16 U.S.C. 1437). 

(D) Section 312 (16 U.S.C. 1443). 

(3) EXEMPTIONS.—The destruction, loss, or injury of a coral 

reef or any component thereof is not unlawful if it was— 

(A) caused by the use of fishing gear in a manner that 

is not prohibited under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or 

other Federal or State law; or 

(B) caused by an activity that is authorized by Federal or 

State law, including any lawful discharge from a vessel of 

graywater, cooling water, engine exhaust, ballast water, or 

sewage from a marine sanitation device, unless the destruction, loss, or injury is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; 

(C) the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than— 

(i) sampling or collecting; and 

(ii) destruction, loss, or injury that is a result of a 

vessel grounding, a vessel scraping, anchor damage, or 

excavation that is not authorized by a Federal or State 

permit; or 

(D)(i) caused by a Federal Government agency in? 

(I) an emergency that posed an unacceptable threat 

to human health or safety or to the marine environment; 

(II) an emergency that posed a threat to national security; or 

(III) an activity necessary for law enforcement purposes or search and rescue; and 

(ii) could not be avoided. 

(4) CLARIFICATION OF LIABILITY.—A person is not liable under 

this subsection if that person establishes that— 

(A) the destruction or loss of, or injury to, the coral reef 

or coral reef ecosystem was caused solely by an act of God, 

an act of war, or an act of omission of a third party, and 

the person acted with due care; 

(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or 

(C) the destruction, loss, or injury was negligible. 

(5) STATE CONSENT REQUIRED.— 

(A) IN GENERAL.—This subsection shall not apply to any 

coral reef that is subject to the jurisdiction of a State unless 

the Governor of that State notifies the Secretary that the 

State consents to that application. 

(B) REVOCATION OF CONSENT.—The governor of a State 

may revoke consent under subparagraph (A) by notifying 

the Secretary of such revocation. 

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(6) CONSISTENCY WITH INTERNATIONAL LAWS AND TREATIES.— 

(A) IN GENERAL.—Any action taken under the authority 

of this subsection must be consistent with otherwise applicable international laws and treaties. 

(B) ACTIONS AUTHORIZED WITH RESPECT TO VESSELS.— 

For purposes of subparagraph (A), actions authorized 

under this subsection include vessel removal, and emergency re-stabilization of a vessel and any coral reef that is 

impacted by a vessel. 

(7) LIABILITY UNDER OTHER PROVISIONS.—Nothing in this 

title shall alter the liability of any person under any other provision of law. 

SEC. 207. NATIONAL PROGRAM. 

(a) * * * 

(b) AUTHORIZED ACTIVITIES.—Activities authorized under subsection (a) include— 

(1) * * * 

* * * * * * * 

(3) providing assistance to States in removing abandoned 

fishing gear, marine debris, and abandoned vessels from coral 

reefs to conserve living marine resources; øand¿ 

(4) øcooperative conservation¿ cooperative research, conservation, and management of coral reefs and coral reef ecosystems 

with local, regional, or international programs and øpartners.¿ 

partners, including academic institutions located in States; 

(5) improving and promoting the resilience of coral reefs and 

coral reef ecosystems; 

(6) activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those 

areas identified in section 210(b); and 

(7) centrally archiving, managing, and distributing data sets 

and providing coral reef ecosystem assessments and services to 

the general public with local, regional, or international programs and partners. 

(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. 

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øSEC. 208. EFFECTIVENESS REPORTS. 

ø(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 nonFederal contributions toward the costs of each project. 

ø(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. 208. REPORT TO CONGRESS. 

Not later than March 1, 2010, and every 5 years thereafter, the 

Administrator shall submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Natural 

Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including— 

(1) a description of the funds obligated by each participating 

Federal agency to advance coral reef conservation during each 

fiscal year of the 5-fiscal-year period preceding the fiscal year 

in which the report is submitted; 

(2) a description of Federal interagency and cooperative efforts with States and non-governmental partner organizations 

to prevent or address overharvesting, coastal runoff, or other 

anthropogenic impacts on coral reef ecosystems, including 

projects undertaken with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, 

and the Army Corps 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; 

(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; and 

(5) an assessment of the condition of United States coral 

reefs, accomplishments under this Act, and the effectiveness of 

management actions to address threats to coral reefs, including 

actions taken to address large-scale threats to coral reef ecosystems related to climate change. 

SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 

(a) IN GENERAL.—The Administrator may make grants to entities 

that are eligible to receive grants under section 204(c) to provide additional funds to such entities to work with local communities and 

through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identimstockstill on DSKH9S0YB1PROD with HEARING

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fied by the community and scientific experts as high priorities for 

focused attention. The plans shall— 

(1) support attainment of one or more of the criteria described 

in section 204(g); 

(2) be developed at the community level; 

(3) utilize where applicable watershed-based or ecosystembased approaches; 

(4) provide for coordination with Federal and State experts 

and managers; 

(5) build upon local approaches or models, including traditional or island-based resource management concepts; and 

(6) complement local action strategies or regional plans for 

coral reef conservation. 

(b) TERMS AND CONDITIONS.—The provisions of subsections (b), 

(d), (f), and (h) of section 204 apply to grants under subsection (a), 

except that, for the purpose of applying section 204(b)(1) to grants 

under this section, ‘‘75 percent’’ shall be substituted for ‘‘50 percent’’. 

SEC. 210. VESSEL GROUNDING INVENTORY. 

(a) IN GENERAL.—The Administrator, in coordination with other 

Federal agencies, may maintain an inventory of all vessel grounding incidents involving coral reefs, including a description of— 

(1) the impacts to such resources; 

(2) vessel and ownership information, if available; 

(3) the estimated cost of removal, mitigation, or restoration; 

(4) the response action taken by the owner, the Administrator, 

the Commandant of the Coast Guard, or other Federal or State 

agency representatives; 

(5) the status of the response action, including the dates of 

vessel removal and mitigation or restoration and any actions 

taken to prevent future grounding incidents; and 

(6) recommendations for additional navigational aids or 

other mechanisms for preventing future grounding incidents. 

(b) IDENTIFICATION OF AT-RISK REEFS.—The Administrator 

may— 

(1) use information from any inventory maintained under 

subsection (a) or any other available information source to identify all coral reef areas that have a high incidence of vessel impacts, including groundings and anchor damage; 

(2) identify appropriate measures, including action by other 

agencies, to reduce the likelihood of such impacts; and 

(3) develop a strategy and timetable to implement such measures, including cooperative actions with other Government 

agencies and non-governmental partners. 

SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDINATION. 

(a) REGIONAL COORDINATION.—The Secretary and other Federal 

members of the United States Coral Reef Task Force shall work in 

coordination and collaboration with other Federal agencies and 

States to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to 

coral reefs and coral reef ecosystems such as coastal runoff, vessel 

impacts, and overharvesting. 

(b) RESPONSE AND RESTORATION ACTIVITIES.—The Secretary shall 

enter into written agreements with any States in which coral reefs 

are located regarding the manner in which response and restoration 

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activities will be conducted within the affected State’s waters. Nothing in this subsection shall be construed to limit Federal response 

and restoration activity authority before any such agreement is 

final. 

(c) COOPERATIVE ENFORCEMENT AGREEMENTS.—All cooperative 

enforcement agreements in place between the Secretary and States 

affected by this title shall be updated to include enforcement of this 

title where appropriate. 

SEC. 212. AGREEMENTS. 

(a) IN GENERAL.—The Administrator may execute and perform 

such contracts, leases, grants, or cooperative agreements as may be 

necessary to carry out the purposes of this title. 

(b) COOPERATIVE AGREEMENTS.—In addition to the general authority provided by subsection (a), the Administrator may enter into, 

extend, or renegotiate agreements with universities and research 

centers with established management-driven 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 Administrator is authorized to use, with their consent 

and with or without reimbursement, the land, services, equipment, 

personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, or Indian tribal government, or of any political subdivision thereof, or of 

any foreign government or international organization. 

SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION STRATEGY. 

(a) INTERNATIONAL CORAL REEF ECOSYSTEM STRATEGY.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Coral Reef Conservation Act Reauthorization 

and Enhancement Amendments of 2009, 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 title and the national strategy required pursuant to section 203(a). The Secretary shall periodically review 

and revise this strategy as necessary. 

(2) CONTENTS.—The strategy developed by the Secretary 

under paragraph (1) shall— 

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(A) identify coral reef ecosystems throughout the world 

that are of high value for United States marine resources, 

that support high-seas resources of importance to the 

United States such as fisheries, or that support other interests of the United States; 

(B) summarize existing activities by Federal agencies and 

entities described in subsection (b) to address the conservation of coral reef ecosystems identified pursuant to subparagraph (A); 

(C) establish goals, objectives, and specific targets for 

conservation of priority international coral reef ecosystems; 

(D) describe appropriate activities to achieve the goals 

and targets for international coral reef conservation, in 

particular those that leverage activities already conducted 

under this title; 

(E) develop a plan to coordinate implementation of the 

strategy with entities described in subsection (b) in order to 

leverage current activities under this title and other conservation efforts globally; 

(F) identify appropriate partnerships, grants, or other 

funding and technical assistance mechanisms to carry out 

the strategy; and 

(G) develop criteria for prioritizing partnerships under 

subsection (c). 

(b) COORDINATION.—In carrying out this section, the Secretary 

shall consult with the Secretary of State, the Administrator of the 

Agency for International Development, the Secretary of the Interior, 

and other relevant Federal agencies, and relevant United States 

stakeholders, and shall take into account coral reef ecosystem conservation initiatives of other nations, international agreements, and 

intergovernmental and nongovernmental organizations so as to provide effective cooperation and efficiencies in international coral reef 

conservation. The Secretary may consult with the United States 

Coral Reef Task Force in carrying out this subsection. 

(c) INTERNATIONAL CORAL REEF ECOSYSTEM PARTNERSHIPS.— 

(1) IN GENERAL.—The Secretary may establish an international coral reef ecosystem partnership program to provide 

support, including funding and technical assistance, for activities that implement the strategy developed pursuant to subsection (a). 

(2) MECHANISMS.—The Secretary shall provide such support 

through existing authorities, working in collaboration with the 

entities described in subsection (b). 

(3) CRITERIA FOR APPROVAL.—The Secretary may not approve 

a partnership proposal under this section unless the partnership is consistent with the international coral reef conservation 

strategy developed pursuant to subsection (a), and meets the criteria specified in that strategy. 

(d) PRIORITY FOR CERTAIN PROJECTS CONDUCTED BY STATES.—In 

implementing this section, the Secretary shall give priority consideration to regional initiatives and projects that States are participating in with other nations. 

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SEC. 214. PERMITS. 

(a) IN GENERAL.—The Administrator may, in accordance with 

this section and regulations issued under this title, issue a permit 

authorizing the conduct of bona fide research. 

(b) EXEMPT ACTIVITIES.—No permit under this section is required 

for an activity that is exempt from liability under section 206(e). 

(c) TERMS AND CONDITIONS.—The Administrator may place any 

terms and conditions on a permit issued under this section that the 

Administrator deems reasonable. 

(d) FEES.— (1) ASSESSMENT AND COLLECTION.—Subject to regulations 

issued under this title, the Administrator 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 

Administrator in processing the permit application, including indirect costs; and 

(B) if the permit is approved, all costs incurred, or expected to be incurred, by the Administrator as a direct result of the conduct of the activity for which the permit is 

issued. 

(3) USE OF FEES.—Amounts collected by the Administrator in 

the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Administrator for 

issuing and administering permits under this section. 

(4) WAIVER OR REDUCTION OF FEES.—For any fee assessed 

under paragraph (2) of this subsection, the Administrator 

may— 

(A) accept in-kind contributions in lieu of a fee; or 

(B) waive or reduce the fee. 

(e) FISHING.—Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct 

of any fishing activity that is not prohibited by this title or regulations issued under this title. 

SEC. 215. REGULATIONS; APPLICATION IN ACCORDANCE WITH INTERNATIONAL LAW. 

(a) REGULATIONS.—The Administrator may issue such regulations 

as are necessary and appropriate to carry out the purposes of sections 206 and 214. 

(b) RELATIONSHIP TO INTERNATIONAL LAW.— This title and any 

regulations promulgated under this title shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident 

alien of the United States (including foreign flag vessels) unless in 

accordance with international law. 

SEC. 216. JUDICIAL REVIEW. 

(a) IN GENERAL.—Judicial review of any action taken by the Secretary under this title shall be in accordance with sections 701 

through 706 of title 5, United States Code, except that— 

(1) review of any final agency action of the Secretary taken 

under the authority of section 206(e) may be had only by the filing of a complaint by an interested person in the United States 

District Court for the appropriate district within 30 days after 

the date such final agency action is taken; and 

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(2) review of the issuance or denial of a permit under this 

title may be had only by the filing of a petition for review by 

an interested person in the Circuit Court of Appeals of the 

United States for the District of Columbia Circuit or for the 

Federal judicial district in which such person resides or transacts business which is directly affected by the action taken within 120 days after the date such final agency action is taken. 

(b) 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. ø209.¿ 217. AUTHORIZATION OF APPROPRIATIONS. 

ø(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, which may remain available 

until expended.¿ 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Secretary of Commerce to carry out this title $30,000,000 for fiscal 

year 2010, $32,000,000 for fiscal year 2011, $34,000,000 for fiscal 

year 2012, and $35,000,000 for fiscal years 2013 and 2014. 

(b) ADMINISTRATION.—Of the amounts appropriated under subsection (a), not more than the lesser of ø$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. 

ø(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. 

ø(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.¿ 

(c) COMMUNITY-BASED PLANNING GRANTS.—There is authorized 

to be appropriated to the Administrator to carry out section 209, 

$8,000,000 for fiscal years 2010 through 2014, to remain available 

until expended. 

(d) DEPARTMENT OF THE INTERIOR.—There is authorized to be appropriated to the Secretary of the Interior to carry out this title 

$10,000,000 for each of fiscal years 2009 through 2013. 

SEC. ø210.¿ 218. DEFINITIONS. 

In this title: 

ø(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric Administration. 

ø(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 

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32 

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. 

ø(3) CORAL.—The term ‘‘coral’’ means species of the phylum 

Cnidaria, including— 

ø(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 

ø(B) all species of the order Hydrocorallina (fire corals 

and hydrocorals) of the class Hydrozoa. 

ø(4) CORAL REEF.—The term ‘‘coral reef’’ means any reefs or 

shoals composed primarily of corals. 

ø(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.¿ 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’— 

(A) except as provided in subparagraph (B), means the 

Administrator of the National Oceanic and Atmospheric 

Administration; and 

(B) in sections 206, 209, 212, 214, and 215, means the 

Secretary of the Interior for purposes of application of those 

sections to national park units and national wildlife refuges. 

(2) CONSERVATION.—The term ‘‘conservation’’ means the use 

of methods and procedures that are necessary to preserve or 

sustain coral reefs and associated species as resilient diverse, 

viable, and self-perpetuating coral reef ecosystems, including— 

(A) all activities associated with resource management, 

such as assessment, conservation, protection, restoration, 

sustainable use, and management of habitat; 

(B) mapping; 

(C) monitoring of coral reef ecosystems; 

(D) development and implementation of management 

strategies for marine protected area or networks thereof and 

marine resources consistent with the National Marine 

Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.); 

(E) law enforcement; 

(F) conflict resolution initiatives; 

(G) community outreach and education; and 

(H) activities 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 (organ-pipe corals and others), Alcyonacea (soft 

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33 

corals), and Helioporacea (blue coral), of the class 

Anthozoa; and 

(B) all species of the families Milleporidae (fire corals) 

and Stylasteridae (stylasterid hydrocorals), of the class 

Hydrozoa. 

(4) CORAL REEF.—The term ‘‘coral reef’’ means a limestone 

structure composed in whole or in part of living zooxanthellate 

stony corals (Class Anthozoa, Order Scleractinia), their skeletal 

remains, or both. 

(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef ecosystem’’ 

means a system of coral reefs and geographically associated 

species, habitats, and environment, including mangroves and 

seagrass habitats, and the processes that control its dynamics. 

* * * * * * * 

(7) 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. 

ø(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Commerce.¿ 

(8) SECRETARY.—The term ‘‘Secretary’’— 

(A) except as provided in subparagraphs (B) and (C), 

means the Secretary of Commerce; 

(B) in section 206(e), means— 

(i) the Secretary of the Interior, with respect to any 

coral reef or component thereof that is located in— 

(I) any unit of the National Park System; 

(II) any unit of the National Wildlife Refuge System; or 

(III) any Marine National Monument designated 

under any of the Fish and Wildlife Coordination 

Act (16 U.S.C. 661 et seq.), the Fish and Wildlife 

Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

Wildlife Improvement Act of 1978 (16 U.S.C. 695j– 

1 et seq) and the provisions of law enacted by that 

Act, and the Act of June 8, 1906 (34 Stat. 225; 16 

U.S.C. 431) (popularly known as the ‘‘Antiquities 

Act’’) and that is under the administrative jurisdiction of the Secretary of the Interior; and 

(ii) the Secretary of Commerce, with respect to any 

other coral reef or component thereof that is located in 

any Marine National Monument designated under a 

law referred to in clause (i)(III); and 

(C) in sections 203, means the Secretary of Commerce 

and the Secretary of the Interior. 

ø(8)¿ (9) 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. 

* * * * * * * 

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34 

FISH AND WILDLIFE COORDINATION ACT 

* * * * * * * 

SEC. 8. The terms ‘‘wildlife’’ and ‘‘wildlife resources’’ as used 

herein include birds, fishes, mammals, and all other classes of wild 

animals and all types of aquatic and land vegetation upon which 

wildlife is dependent, including coral reef ecosystems (as such term 

is defined in section 218 of the Coral Reef Conservation Act of 2000) 

located in any unit of the National Park System, any unit of the National Wildlife Refuge System, or any Marine National Monument 

designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 

431) (popularly known as the ‘‘Antiquities Act’’). 

* * * * * * * 

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(35) 

ADDITIONAL VIEWS 

Coral Reef Conservation Act of 2000 has been a good model for 

natural resource conservation with a focus on locally-developed and 

locally-driven solutions. 

There are two primary authorities within the Act—to fund a 

coral reef program within the National Oceanic and Atmospheric 

Administration (NOAA), an agency within the Department of Commerce, and to provide grants to those States and territories that 

have coral reefs within their waters. These grants allowed for the 

development of Local Action Strategies that were created by the 

local jurisdictions and identified threats to coral reefs and solutions 

to those threats. This local input allowed each entity to focus future funding on their specific needs. Through these Local Action 

Strategies, approximately 760 projects have been identified to address eight categories of threats. Almost 65 percent of the projects 

are already being implemented and funding has been secured for 

almost 40 percent of the identified needs. By allowing the plans to 

be developed at the local level, this Act has focused funds where 

they are needed and actions are based on identifiable threats specific to that jurisdiction. 

Despite this history of success of the Act, some have argued that 

more regulation of activities that affect coral reefs is necessary. In 

addition, concern has been raised that the Department of the Interior, while not having any formal role under the Coral Reef Conservation Act of 2000, has funded coral reef conservation efforts 

through other authorities and should have a formal role under the 

Act. In addition, the Office of Insular Affairs within the Department of the Interior has a close relationship with the territories 

and freely associated states where much of the coral reef conservation activity is located. The issue of whether to, and how to, include 

the Department of the Interior’s activities in the Act has been partially responsible for the delay in implementing a reauthorization 

of the Act for two Congresses. 

This authority in the 2000 Act for local entities to address coral 

reef conservation along with a national program to fund these activities and national coral reef research has worked well. However, 

some threats have been identified that needed national solutions, 

such as vessel groundings on sensitive coral reefs and damage from 

natural sources such as hurricanes. While the current Act allowed 

NOAA to create a national program, it did not give NOAA, or any 

other agency, the authority to react quickly to these threats to 

coral reefs when timely action could minimize or prevent further 

damage to the reefs. 

H.R. 860, the Coral Reef Conservation Act Reauthorization and 

Enhancement Amendments of 2009 would address this concern by 

giving NOAA an emergency response authority for vessel 

groundings or natural disaster, authority to stabilize a vessel or 

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36 

the coral reef itself in the event of a ship strike, authority for inventory on ship strikes—to identify problem vessels or companies— 

and to identify particular at-risk coral reefs which might be subject 

to repeated groundings, and the authority to partner and coordinate with other agencies to maximize the effectiveness of the Federal response. In addition, the legislation codifies the U.S. Coral 

Reef Task Force which was created by Executive Order in 1998. 

More problematic, as introduced, H.R. 860, would create a new 

role for the Department of the Interior consistent with the new authorities the bill would create for NOAA. The legislation would 

place coral reefs on a higher protection level than other marine 

creatures by adding coral reefs to the list of those resources protected by the National Marine Sanctuaries Act. This change in the 

status for coral reefs also would create a broad, new permitting 

program at both NOAA and the Department of the Interior. Concern was heard that this broad, new authority would extend the 

reach of the Act to activities—even inland activities—that were already permitted under other authorities and which only had indirect effects on coral reefs. The new permitting provision would 

allow NOAA or the Department of the Interior to collect fees based 

on the cost of the permit and additional costs such as monitoring 

of the activity’s effects of coral reefs and for educating the public 

about the activity. The authority to charge permittees for a broad 

rage of things could create a situation where the costs of obtaining 

the permit would discourage permits. 

Moreover, because the legislation would elevate the status of all 

coral reefs, the liability standards in the National Marine Sanctuaries Act would apply to activities that damage, injure or cause 

the loss of coral reefs. In addition, a judicial review provision in the 

bill would subject many existing and new activities, and the decision to permit such activities, to litigation. The legislation also 

would allow litigants to recover both attorney fees and expert witness fees, both of which would likely encourage litigation and reduce the amount of funding available for coral reef conservation. 

The legislation also would give the Department of the Interior 

broad new authority by amending fish and wildlife statutes and 

adding ‘‘coral reef ecosystems’’ to the definition of ‘‘wildlife.’’ This 

method of including the Department of the Interior would give the 

Department authority to manage coral reef ecosystems—that under 

H.R. 860 would also include mangroves and sea grasses—wherever 

they occur. This would allow the Department to create a duplicate 

management, research, and regulatory structure parallel to that 

which is authorized under H.R. 860 for NOAA. 

Finally, the legislation, as introduced, would require the creation 

of a new International Coral Reef Conservation Program, a new 

international coral reef ecosystem strategy, and a new international coral reef ecosystem partnership program which would 

fund coral reef projects outside of U.S. waters. While coordination 

of coral reef conservation activities is important, Members expressed concern with spending U.S. taxpayer money on projects 

outside the U.S. 

The Amendment in the Nature of a Substitute, successfully offered by the Subcommitteeon Insular Affairs, Oceans and Wildlife 

Chairwoman Madeleine Bordallo (who is also the author of the 

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37 

bill), made a number of very positive changes to the bill. The most 

significant of these is the clarification that activities which are authorized under State or federal law are not unlawful, are not subject to liability for coral reef damage, and do not need permits. The 

permit authority now applies only to the issuance of bona fide research activities. In addition, the authority for the Department of 

the Interior was limited to those areas already under the Department’s jurisdiction where coral reefs are located such as National 

Parks, National Wildlife Refuges, and National Marine Monuments. While the concern about adding coral reef ecosystems to the 

definition of wildlife still remains in the legislation, this narrowing 

of the Department’s authority to those areas already under the Department’s jurisdiction makes this provision less objectionable. The 

amendment also removed the requirements for some of the new 

international programs and gave priority for the funding of international projects to those in which States or territories are partners. These changes represent positive changes to the legislation. 

However, in light of this legislation adding new authorities for 

both NOAA and the Department of the Interior, there are still 

some areas that could result in over-reach or unintended consequences by the agencies in implementing these new authorities. 

The issue of judicial review and the authority for lawyers and expert witnesses to receive payment will certainly lead to funds being 

taken away from coral reef conservation and used to finance further lawsuits against the federal government. At hearings held 

over the last few years, agencies have testified on several occasions 

about how much staff time and funding were being used to respond 

to lawsuits. Adding additional opportunities for such lawsuits does 

not help natural resource management activities. 

In addition, some terms redefined by H.R. 860 have the potential 

to expand the reach of federal oversight beyond what might be intended by the authors. For example, the addition of mangroves and 

seagrasses to the definition of coral reef ecosystem will expand the 

reach of NOAA and the Department of the Interior into new geographical areas, and where ‘‘coral reef’’ is used in other statutes, 

these plant species could be subject to regulation. Along those lines, 

the definitions of coral reef and coral reef component include ‘‘skeletal remains’’ and ‘‘living or dead corals’’ which could be used to expand provisions of the legislation to large areas which may no 

longer have living corals. Restrictions or refinements of these definitions would limit these concerns. Finally, referencing provisions 

of the National Marine Sanctuaries Act rather than putting these 

specific provision in the Act due to potential jurisdictional concerns 

may cause problems as the National Marine Sanctuaries Act is 

modified either in this or later Congresses. 

While the Amendment in the Nature of a Substitute has addressed many of our concerns and made this legislation appreciably 

better, we remain concerned about the added scope H.R. 860 will 

give to the agencies charged with implementing the Coral Reef 

Conservation Act of 2000. 

DOC HASTINGS. 

DON YOUNG. 

BILL CASSIDY. 

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