I 

113TH CONGRESS 

1ST SESSION H. R. 71 

To reauthorize the Coral Reef Conservation Act of 2000, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Ms. BORDALLO (for herself, Mr. PIERLUISI, Mr. FARR, Mrs. CHRISTENSEN, 

and Ms. WASSERMAN SCHULTZ) introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coral Reef Conservation Act Reauthorization and En6 hancement Amendments of 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title. 

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


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TITLE I—AMENDMENTS TO THE CORAL REEF CONSERVATION 

ACT 

Sec. 101. Expansion of Coral Reef Conservation Program. 

Sec. 102. Emergency response. 

Sec. 103. National program. 

Sec. 104. Report to Congress. 

Sec. 105. Fund; grants; grounding inventory; coordination. 

Sec. 106. Clarification of definitions. 

Sec. 107. Authorization of appropriations. 

TITLE II—UNITED STATES CORAL REEF TASK FORCE 

Sec. 201. United States Coral Reef Task Force. 

TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF 

AUTHORITIES 

Sec. 301. Coral reef conservation assistance. 

Sec. 302. National coral reef action strategy. 

1 SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT 

2 OF 2000. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to or repeal of a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Coral Reef Conservation 

8 Act of 2000 (16 U.S.C. 6401 et seq.). 

9 TITLE I—AMENDMENTS TO THE 

10 CORAL REEF CONSERVATION 

11 ACT 

12 SEC. 101. EXPANSION OF CORAL REEF CONSERVATION 

13 PROGRAM. 

14 (a) PROJECT DIVERSITY.—Section 204(d) (16 

15 U.S.C. 6403(d)) is amended— 


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1 (1) in the heading by striking ‘‘GEOGRAPHIC

2 AND BIOLOGICAL’’ and inserting ‘‘PROJECT’’; and 

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

4 following: 

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

6 ‘‘(A) projects (with priority given to com7 munity-based local action strategies) that ad8 dress emerging priorities or threats, including 

9 international and territorial priorities, or 

10 threats identified by the Administrator in con11 sultation with the United States Coral Reef 

12 Task Force; and 

13 ‘‘(B) other appropriate projects, as deter14 mined by the Administrator, including moni15 toring and assessment, research, pollution re16 duction, education, and technical support.’’. 

17 (b) APPROVAL CRITERIA.—Section 204(g) (16 

18 U.S.C. 6403(g)) is amended— 

19 (1) by striking ‘‘or’’ after the semicolon in 

20 paragraph (9); 

21 (2) by striking paragraph (10); and 

22 (3) by inserting after paragraph (9) the fol23 lowing: 

24 ‘‘(10) promoting activities designed to minimize 

25 the likelihood of vessel impacts on coral reefs, parVerDate Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71

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1 ticularly those areas identified under section 210(b), 

2 including the promotion of ecologically sound naviga3 tion and anchorages near coral reefs; or 

4 ‘‘(11) promoting and assisting entities to work 

5 with local communities, and all appropriate govern6 mental and nongovernmental organizations, to sup7 port community-based planning and management 

8 initiatives for the protection of coral reef eco9 systems.’’. 

10 SEC. 102. EMERGENCY RESPONSE. 

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

12 follows: 

13 ‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 

14 ‘‘(a) IN GENERAL.—The appropriate official may un15 dertake or authorize action necessary— 

16 ‘‘(1) to minimize the destruction of or injury to 

17 a coral reef, or loss of an ecosystem function of a 

18 coral reef, from— 

19 ‘‘(A) vessel impacts, derelict fishing gear, 

20 vessel anchors, and anchor chains; and 

21 ‘‘(B) from unforeseen or disaster-related 

22 circumstances as a result of human activities; 

23 and 

24 ‘‘(2) to stabilize, repair, recover, or restore a 

25 coral reef that is destroyed or injured, or that has 


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1 incurred the loss of an ecosystem function, as de2 scribed in paragraph (1). 

3 ‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action au4 thorized by subsection (a) includes vessel removal and 

5 emergency stabilization of the vessel or any impacted coral 

6 reef. 

7 ‘‘(c) PARTNERING WITH OTHER FEDERAL AND

8 STATE AGENCIES.—When possible, action by the appro9 priate official under this section should— 

10 ‘‘(1) be conducted in partnership with other 

11 government agencies as appropriate, including— 

12 ‘‘(A) the Coast Guard, the Federal Emer13 gency Management Agency, the Army Corps of 

14 Engineers, the Environmental Protection Agen15 cy, and the Department of the Interior; and 

16 ‘‘(B) agencies of States; and 

17 ‘‘(2) leverage resources of other agencies. 

18 ‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER

19 FEDERAL AND STATE AGENCIES.— 

20 ‘‘(1) IN GENERAL.—The head of any other Fed21 eral or State agency may assist the appropriate offi22 cial in emergency response actions under this sec23 tion, using funds available for operations of the 

24 agency concerned. 


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1 ‘‘(2) REIMBURSEMENT.—The appropriate offi2 cial, subject to the availability of appropriations, 

3 may reimburse a Federal or State agency for assist4 ance provided under paragraph (1). 

5 ‘‘(e) LIABILITY FOR COSTS AND DAMAGES TO CORAL

6 REEFS.— 

7 ‘‘(1) TREATMENT OF CORAL REEFS UNDER NA8 TIONAL MARINE SANCTUARIES ACT.—For purposes 

9 of the provisions set forth in paragraph (2), and 

10 subject to paragraph (5), each of the terms ‘sanc11 tuary resources’, ‘resource’, ‘sanctuary resource 

12 managed under law or regulations for that sanc13 tuary’, ‘national marine sanctuary’, ‘sanctuary re14 sources of the national marine sanctuary’, and ‘sanc15 tuary resources of other national marine sanctuaries’ 

16 is deemed to include any coral reef that is subject 

17 to the jurisdiction of the United States or any State, 

18 without regard to whether such coral reef is located 

19 in a national marine sanctuary. 

20 ‘‘(2) APPLICABLE PROVISIONS OF NATIONAL

21 MARINE SANCTUARIES ACT.—The provisions referred 

22 to in paragraph (1) are the following provisions of 

23 the National Marine Sanctuaries Act: 

24 ‘‘(A) Paragraphs (6) and (7) of section 

25 302 (16 U.S.C. 1432). 


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1 ‘‘(B) Paragraphs (1), (2), (3), and (4) of 

2 section 306 (16 U.S.C. 1436). 

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

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

5 ‘‘(3) EXEMPTIONS.—The destruction, loss, or 

6 injury of a coral reef or any component thereof is 

7 not unlawful if it was— 

8 ‘‘(A) caused by the use of fishing gear in 

9 a manner that is not prohibited under the Mag10 nuson-Stevens Fishery Conservation and Man11 agement Act (16 U.S.C. 1801 et seq.) or other 

12 Federal or State law; or 

13 ‘‘(B) caused by an activity that is author14 ized by Federal or State law, including any law15 ful discharge from a vessel of graywater, cool16 ing water, engine exhaust, ballast water, or 

17 sewage from a marine sanitation device, unless 

18 the destruction, loss, or injury is a result of a 

19 vessel grounding, a vessel scraping, anchor 

20 damage, or excavation that is not authorized by 

21 a Federal or State permit; 

22 ‘‘(C) the necessary result of bona fide ma23 rine scientific research (including marine sci24 entific research activities approved by Federal, 

25 State, or local permits), other than— 


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1 ‘‘(i) excessive sampling or collecting; 

2 and 

3 ‘‘(ii) destruction, loss, or injury that is 

4 a result of a vessel grounding, a vessel 

5 scraping, anchor damage, or excavation 

6 that is not authorized by a Federal or 

7 State permit; or 

8 ‘‘(D)(i) caused by a Federal Government 

9 agency in— 

10 ‘‘(I) an emergency that posed an un11 acceptable threat to human health or safe12 ty or to the marine environment; 

13 ‘‘(II) an emergency that posed a 

14 threat to national security; or 

15 ‘‘(III) an activity necessary for law 

16 enforcement purposes or search and res17 cue; and 

18 ‘‘(ii) could not be avoided. 

19 ‘‘(4) CLARIFICATION OF LIABILITY.—A person 

20 is not liable under this subsection if that person es21 tablishes that— 

22 ‘‘(A) the destruction or loss of, or injury 

23 to, the coral reef or coral reef ecosystem was 

24 caused solely by an act of God, an act of war, 


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1 or an act of omission of a third party, and the 

2 person acted with due care; 

3 ‘‘(B) the destruction, loss, or injury was 

4 caused by an activity authorized by Federal or 

5 State law; or 

6 ‘‘(C) the destruction, loss, or injury was 

7 negligible. 

8 ‘‘(5) STATE CONSENT REQUIRED.— 

9 ‘‘(A) IN GENERAL.—This subsection shall 

10 not apply to any coral reef that is subject to the 

11 jurisdiction of a State unless the Governor of 

12 that State notifies the appropriate official that 

13 the State consents to that application. 

14 ‘‘(B) REVOCATION OF CONSENT.—The 

15 governor of a State may revoke consent under 

16 subparagraph (A) by notifying the appropriate 

17 official of such revocation. 

18 ‘‘(6) CONSISTENCY WITH INTERNATIONAL LAWS

19 AND TREATIES.— 

20 ‘‘(A) IN GENERAL.—Any action taken 

21 under the authority of this subsection must be 

22 consistent with otherwise applicable inter23 national laws and treaties. 

24 ‘‘(B) ACTIONS AUTHORIZED WITH RE25 SPECT TO VESSELS.—For purposes of subparaVerDate Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71

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1 graph (A), actions authorized under this sub2 section include vessel removal, and emergency 

3 re-stabilization of a vessel and any coral reef 

4 that is impacted by a vessel. 

5 ‘‘(7) LIABILITY UNDER OTHER PROVISIONS.— 

6 Nothing in this title shall alter the liability of any 

7 person under any other provision of law. 

8 ‘‘(f) APPROPRIATE OFFICIAL DEFINED.—In this sec9 tion, the term ‘appropriate official’— 

10 ‘‘(1) except as provided in paragraphs (2) and 

11 (3), means the Administrator of the National Oce12 anic and Atmospheric Administration; 

13 ‘‘(2) except as provided in paragraph (3), 

14 means the Secretary of the Interior for purposes of 

15 application of this section to— 

16 ‘‘(A) any unit of the National Park Sys17 tem; 

18 ‘‘(B) any unit of the National Wildlife Ref19 uge System; or 

20 ‘‘(C) any Marine National Monument that 

21 is designated under the Act of June 8, 1906 

22 (34 Stat. 225; 16 U.S.C. 431) (popularly 

23 known as the ‘Antiquities Act’) and that is 

24 under the administrative jurisdiction of the Sec25 retary of the Interior; and 


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1 ‘‘(3) means the Secretary of Commerce, with 

2 respect to any coral reef or component thereof that 

3 is located in any Marine National Monument des4 ignated under the law referred to in paragraph 

5 (2)(C) and that is under the administrative jurisdic6 tion of the Secretary of Commerce.’’. 

7 SEC. 103. NATIONAL PROGRAM. 

8 (a) PURPOSE OF ACT.—Section 202 (16 U.S.C. 

9 6401) is amended— 

10 (1) by redesignating paragraphs (2) through 

11 (6) as paragraphs (3) through (7), respectively, and 

12 by inserting after paragraph (1) the following: 

13 ‘‘(2) to promote the resilience of coral reef eco14 systems;’’; 

15 (2) by amending paragraph (4), as so redesig16 nated, to read as follows: 

17 ‘‘(4) to develop sound scientific information on 

18 the condition of coral reef ecosystems and the 

19 threats to such ecosystems including large-scale 

20 threats related to climate change, such as ocean 

21 acidification, to benefit local communities and the 

22 Nation, and to the extent practicable to support and 

23 enhance management and research capabilities at 

24 local management agencies and local research and 

25 academic institutions;’’; and 


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1 (3) by striking ‘‘and’’ after the semicolon at the 

2 end of paragraph (6), as so redesignated, by striking 

3 the period at the end of paragraph (7), as so redes4 ignated, and inserting ‘‘; and’’, and by adding at the 

5 end the following: 

6 ‘‘(8) to recognize the benefits of healthy coral 

7 reefs to island and coastal communities and to en8 courage Federal action to ensure, to the maximum 

9 extent practicable, the continued availability of those 

10 benefits.’’. 

11 (b) GOALS AND OBJECTIVES OF NATIONAL CORAL

12 REEF ACTION STRATEGY.—Section 203(b)(8) (16 U.S.C. 

13 6402(b)(8)) is amended to read as follows: 

14 ‘‘(8) conservation, including resilience and the 

15 consideration of island and local traditions and prac16 tices.’’. 

17 (c) AMENDMENTS RELATING TO ACTIVITIES TO

18 CONSERVE CORAL REEFS AND CORAL REEF ECO19 SYSTEMS.—Section 207(b) (16 U.S.C. 6406(b)) is amend20 ed— 

21 (1) in paragraph (3) by striking ‘‘and’’ after 

22 the semicolon; 

23 (2) in paragraph (4)— 


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1 (A) by striking ‘‘cooperative conservation’’ 

2 and inserting ‘‘cooperative research, conserva3 tion,’’; and 

4 (B) by striking ‘‘partners.’’ and inserting 

5 ‘‘partners, including academic institutions lo6 cated in States;’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(5) improving and promoting the resilience of 

9 coral reefs and coral reef ecosystems; and 

10 ‘‘(6) activities designed to minimize the likeli11 hood of vessel impacts or other physical damage to 

12 coral reefs, including those areas identified in sec13 tion 210(b).’’. 

14 (d) CRITERIA FOR APPROVAL OF PROJECT PRO15 POSALS.—Section 204(g) (16 U.S.C. 6403(g)) is further 

16 amended by striking ‘‘or’’ after the semicolon at the end 

17 of paragraph (10), by redesignating paragraph (11) as 

18 paragraph (12), and by inserting after paragraph (10) the 

19 following: 

20 ‘‘(11) improving and promoting the resilience of 

21 coral reefs and coral reef ecosystems; or’’. 

22 (e) DATA ARCHIVE, ACCESS, AND AVAILABILITY.— 

23 Section 207 (16 U.S.C. 6406) is amended— 

24 (1) in subsection (b) (as amended by subsection 

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1 colon at the end of paragraph (5), by striking the 

2 period at the end of paragraph (6) and inserting ‘‘; 

3 and’’, and by adding at the end the following: 

4 ‘‘(7) centrally archiving, managing, and distrib5 uting data sets and providing coral reef ecosystem 

6 assessments and services to the general public with 

7 local, regional, or international programs and part8 ners.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(c) DATA ARCHIVE, ACCESS, AND AVAILABILITY.— 

11 The Secretary, in coordination with similar efforts at other 

12 Departments and agencies shall provide for the long-term 

13 stewardship of environmental data, products, and informa14 tion via data processing, storage, and archive facilities 

15 pursuant to this title. The Secretary may— 

16 ‘‘(1) archive environmental data collected by 

17 Federal, State, local agencies and tribal organiza18 tions and federally funded research; 

19 ‘‘(2) promote widespread availability and dis20 semination of environmental data and information 

21 through full and open access and exchange to the 

22 greatest extent possible, including in electronic for23 mat on the Internet; 

24 ‘‘(3) develop standards, protocols and proce25 dures for sharing Federal data with State and local 


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1 government programs and the private sector or aca2 demia; and 

3 ‘‘(4) develop metadata standards for coral reef 

4 ecosystems in accordance with Federal Geographic 

5 Data Committee guidelines.’’. 

6 SEC. 104. REPORT TO CONGRESS. 

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

8 follows: 

9 ‘‘SEC. 208. REPORT TO CONGRESS. 

10 ‘‘Not later than March 1, 2014, and every 5 years 

11 thereafter, the Administrator shall submit to the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate and the Committee on Natural Resources of the 

14 House of Representatives a report describing all activities 

15 undertaken to implement the strategy, including— 

16 ‘‘(1) a description of the funds obligated by 

17 each participating Federal agency to advance coral 

18 reef conservation during each fiscal year of the 5-fis19 cal-year period preceding the fiscal year in which the 

20 report is submitted; 

21 ‘‘(2) a description of Federal interagency and 

22 cooperative efforts with States and non-govern23 mental partner organizations to prevent or address 

24 overharvesting, coastal runoff, or other anthropo25 genic impacts on coral reef ecosystems, including 


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1 projects undertaken with the Department of the In2 terior, the Department of Agriculture, the Environ3 mental Protection Agency, and the Army Corps of 

4 Engineers; 

5 ‘‘(3) a summary of the information contained in 

6 the vessel grounding inventory established under sec7 tion 210, including additional authorization or fund8 ing, needed for response and removal of such vessels; 

9 ‘‘(4) a description of Federal disaster response 

10 actions taken pursuant to the National Response 

11 Plan to address damage to coral reefs and coral reef 

12 ecosystems; and 

13 ‘‘(5) an assessment of the condition of United 

14 States coral reefs, accomplishments under this Act, 

15 and the effectiveness of management actions to ad16 dress threats to coral reefs, including actions taken 

17 to address large-scale threats to coral reef eco18 systems related to climate change.’’. 

19 SEC. 105. FUND; GRANTS; GROUNDING INVENTORY; CO20 ORDINATION. 

21 The Act (16 U.S.C. 6401 et seq.) is amended— 

22 (1) in section 205(a) (16 U.S.C. 6404(a)), by 

23 striking ‘‘organization solely’’ and all that follows 

24 and inserting ‘‘organization— 


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1 ‘‘(1) to support partnerships between the public 

2 and private sectors that further the purposes of this 

3 Act and are consistent with the national coral reef 

4 strategy under section 203; and 

5 ‘‘(2) to address emergency response actions 

6 under section 206.’’; 

7 (2) by adding at the end of section 205(b) (16 

8 U.S.C. 6404(b)) the following: ‘‘The organization is 

9 encouraged to solicit funding and in-kind services 

10 from the private sector, including nongovernmental 

11 organizations, for emergency response actions under 

12 section 206 and for activities to prevent damage to 

13 coral reefs, including areas identified in section 

14 210(b)(2).’’; 

15 (3) in section 205(c) (16 U.S.C. 6404(c)), by 

16 striking ‘‘the grant program’’ and inserting ‘‘any 

17 grant program or emergency response action’’; 

18 (4) by redesignating sections 209 and 210 as 

19 sections 217 and 218, respectively; and 

20 (5) by inserting after section 208 the following: 

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

22 ‘‘(a) IN GENERAL.—The Administrator may make 

23 grants to entities that are eligible to receive grants under 

24 section 204(c) to provide additional funds to such entities 

25 to work with local communities and through appropriate 


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1 Federal and State entities to prepare and implement plans 

2 for the increased protection of coral reef areas identified 

3 by the community and scientific experts as high priorities 

4 for focused attention. The plans shall— 

5 ‘‘(1) support attainment of one or more of the 

6 criteria described in section 204(g); 

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

8 ‘‘(3) utilize where applicable watershed-based or 

9 ecosystem-based approaches; 

10 ‘‘(4) provide for coordination with Federal and 

11 State experts and managers; 

12 ‘‘(5) build upon local approaches or models, in13 cluding traditional or island-based resource manage14 ment concepts; and 

15 ‘‘(6) complement local action strategies or re16 gional plans for coral reef conservation. 

17 ‘‘(b) TERMS AND CONDITIONS.—The provisions of 

18 subsections (b), (d), (f), and (h) of section 204 apply to 

19 grants under subsection (a), except that, for the purpose 

20 of applying section 204(b)(1) to grants under this section, 

21 ‘75 percent’ shall be substituted for ‘50 percent’. 

22 ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

23 ‘‘(a) IN GENERAL.—The Administrator, in coordina24 tion with other Federal agencies, may maintain an invenVerDate Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71

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1 tory of all vessel grounding incidents involving coral reefs, 

2 including a description of— 

3 ‘‘(1) the impacts to such resources; 

4 ‘‘(2) vessel and ownership information, if avail5 able; 

6 ‘‘(3) the estimated cost of removal, mitigation, 

7 or restoration; 

8 ‘‘(4) the response action taken by the owner, 

9 the Administrator, the Commandant of the Coast 

10 Guard, or other Federal or State agency representa11 tives; 

12 ‘‘(5) the status of the response action, including 

13 the dates of vessel removal and mitigation or res14 toration and any actions taken to prevent future 

15 grounding incidents; and 

16 ‘‘(6) recommendations for additional naviga17 tional aids or other mechanisms for preventing fu18 ture grounding incidents. 

19 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad20 ministrator may— 

21 ‘‘(1) use information from any inventory main22 tained under subsection (a) or any other available 

23 information source to identify all coral reef areas 

24 that have a high incidence of vessel impacts, includ25 ing groundings and anchor damage; 


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1 ‘‘(2) identify appropriate measures, including 

2 action by other agencies, to reduce the likelihood of 

3 such impacts; and 

4 ‘‘(3) develop a strategy and timetable to imple5 ment such measures, including cooperative actions 

6 with other Government agencies and non-govern7 mental partners. 

8 ‘‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDI9 NATION. 

10 ‘‘(a) REGIONAL COORDINATION.—The Secretary and 

11 other Federal members of the United States Coral Reef 

12 Task Force shall work in coordination and collaboration 

13 with other Federal agencies and States to implement the 

14 strategies developed under section 203, including regional 

15 and local strategies, to address multiple threats to coral 

16 reefs and coral reef ecosystems such as coastal runoff, ves17 sel impacts, and overharvesting. 

18 ‘‘(b) RESPONSE AND RESTORATION ACTIVITIES.— 

19 The Secretary shall enter into written agreements with 

20 any States in which coral reefs are located regarding the 

21 manner in which response and restoration activities will 

22 be conducted within the affected State’s waters. Nothing 

23 in this subsection shall be construed to limit Federal re24 sponse and restoration activity authority before any such 

25 agreement is final. 


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1 ‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

2 All cooperative enforcement agreements in place between 

3 the Secretary and States affected by this title shall be up4 dated to include enforcement of this title where appro5 priate. 

6 ‘‘SEC. 212. AGREEMENTS. 

7 ‘‘(a) IN GENERAL.—The Administrator may execute 

8 and perform such contracts, leases, grants, or cooperative 

9 agreements as may be necessary to carry out the purposes 

10 of this title. 

11 ‘‘(b) FUNDING.—Under an agreement entered into 

12 under subsection (a), the Secretary may fulfill the terms 

13 of the agreement by reimbursing or providing appro14 priated funds to, and may receive funds or reimburse15 ments from, Federal agencies, instrumentalities and lab16 oratories; State and local governments; Native American 

17 tribes and organizations; international organizations; for18 eign governments; universities and research centers; edu19 cational institutions; nonprofit organizations; commercial 

20 organizations; and other public and private persons or en21 tities, as necessary for purposes identified in section 202 

22 and actions taken under subsections (a) through (d) of 

23 section 206. 

24 ‘‘(c) MULTIYEAR COOPERATIVE AGREEMENTS.—The 

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1 ments with the heads of other Federal agencies, States, 

2 local governments, academic institutions, including marine 

3 laboratories and coral reef institutes, and nongovern4 mental organizations to carry out the activities of the na5 tional coral reef action strategy developed under section 

6 203 and to implement regional strategies developed pursu7 ant to section 211. 

8 ‘‘(d) USE OF OTHER AGENCIES’ RESOURCES.—For 

9 purposes related to the conservation, preservation, protec10 tion, restoration, or replacement of coral reefs or coral reef 

11 ecosystems and the enforcement of this title, the Adminis12 trator is authorized to use, with their consent and with 

13 or without reimbursement, the land, services, equipment, 

14 personnel, and facilities of any Department, agency, or in15 strumentality of the United States, or of any State, local 

16 government, or Indian tribal government, or of any polit17 ical subdivision thereof, or of any foreign government or 

18 international organization. 

19 ‘‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION 

20 STRATEGY. 

21 ‘‘(a) INTERNATIONAL CORAL REEF ECOSYSTEM

22 STRATEGY.— 

23 ‘‘(1) IN GENERAL.—Not later than 1 year after 

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1 ments of 2013, the Secretary shall submit to the 

2 Committee on Commerce, Science, and Transpor3 tation of the Senate and the Committee on Natural 

4 Resources and the Committee on Foreign Affairs of 

5 the House of Representatives, and publish in the 

6 Federal Register, an international coral reef eco7 system strategy, consistent with the purposes of this 

8 title and the national strategy required pursuant to 

9 section 203(a). The Secretary shall periodically re10 view and revise this strategy as necessary. 

11 ‘‘(2) CONTENTS.—The strategy developed by 

12 the Secretary under paragraph (1) shall— 

13 ‘‘(A) identify coral reef ecosystems 

14 throughout the world that are of high value for 

15 United States marine resources, that support 

16 high-seas resources of importance to the United 

17 States such as fisheries, or that support other 

18 interests of the United States; 

19 ‘‘(B) summarize existing activities by Fed20 eral agencies and entities described in sub21 section (b) to address the conservation of coral 

22 reef ecosystems identified pursuant to subpara23 graph (A); 


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1 ‘‘(C) establish goals, objectives, and spe2 cific targets for conservation of priority inter3 national coral reef ecosystems; 

4 ‘‘(D) describe appropriate activities to 

5 achieve the goals and targets for international 

6 coral reef conservation, in particular those that 

7 leverage activities already conducted under this 

8 title; 

9 ‘‘(E) develop a plan to coordinate imple10 mentation of the strategy with entities de11 scribed in subsection (b) in order to leverage 

12 current activities under this title and other con13 servation efforts globally; 

14 ‘‘(F) identify appropriate partnerships, 

15 grants, or other funding and technical assist16 ance mechanisms to carry out the strategy; and 

17 ‘‘(G) develop criteria for prioritizing part18 nerships under subsection (c). 

19 ‘‘(b) COORDINATION.—In carrying out this section, 

20 the Secretary shall consult with the Secretary of State, 

21 the Administrator of the Agency for International Devel22 opment, the Secretary of the Interior, and other relevant 

23 Federal agencies, and relevant United States stakeholders, 

24 and shall take into account coral reef ecosystem conserva25 tion initiatives of other nations, international agreements, 


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1 and intergovernmental and nongovernmental organiza2 tions so as to provide effective cooperation and efficiencies 

3 in international coral reef conservation. The Secretary 

4 may consult with the United States Coral Reef Task Force 

5 in carrying out this subsection. 

6 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM

7 PARTNERSHIPS.— 

8 ‘‘(1) IN GENERAL.—The Secretary may estab9 lish an international coral reef ecosystem partner10 ship program to provide support, including funding 

11 and technical assistance, for activities that imple12 ment the strategy developed pursuant to subsection 

13 (a). 

14 ‘‘(2) MECHANISMS.—The Secretary shall pro15 vide such support working in collaboration with the 

16 entities described in subsection (b). 

17 ‘‘(3) CRITERIA FOR APPROVAL.—The Secretary 

18 may not approve a partnership proposal under this 

19 section unless the partnership is consistent with the 

20 international coral reef conservation strategy devel21 oped pursuant to subsection (a), and meets the cri22 teria specified in that strategy. 

23 ‘‘(d) PRIORITY FOR CERTAIN PROJECTS CONDUCTED

24 BY STATES.—In implementing this section, the Secretary 

25 shall give priority consideration to regional initiatives and 


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1 projects that States are participating in with other na2 tions. 

3 ‘‘SEC. 214. PERMITS. 

4 ‘‘(a) IN GENERAL.—The Administrator may, in ac5 cordance with this section and regulations issued under 

6 this title, issue a permit authorizing the conduct of bona 

7 fide research. 

8 ‘‘(b) EXEMPT ACTIVITIES.—No permit under this 

9 section is required for an activity that is exempt from li10 ability under section 206(e). 

11 ‘‘(c) TERMS AND CONDITIONS.—The Administrator 

12 may place any terms and conditions on a permit issued 

13 under this section that the Administrator deems reason14 able. 

15 ‘‘(d) FEES.— 

16 ‘‘(1) ASSESSMENT AND COLLECTION.—Subject 

17 to regulations issued under this title, the Adminis18 trator may assess and collect fees as specified in this 

19 subsection. 

20 ‘‘(2) AMOUNT.—Any fee assessed shall be equal 

21 to the sum of— 

22 ‘‘(A) all costs incurred, or expected to be 

23 incurred, by the Administrator in processing 

24 the permit application, including indirect costs; 

25 and 


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1 ‘‘(B) if the permit is approved, all costs in2 curred, or expected to be incurred, by the Ad3 ministrator as a direct result of the conduct of 

4 the activity for which the permit is issued. 

5 ‘‘(3) USE OF FEES.—Amounts collected by the 

6 Administrator in the form of fees under this section 

7 shall be collected and available for use only to the 

8 extent provided in advance in appropriations Acts 

9 and may be used by the Administrator for issuing 

10 and administering permits under this section. 

11 ‘‘(4) WAIVER OR REDUCTION OF FEES.—For 

12 any fee assessed under paragraph (2) of this sub13 section, the Administrator may— 

14 ‘‘(A) accept in-kind contributions in lieu of 

15 a fee; or 

16 ‘‘(B) waive or reduce the fee. 

17 ‘‘(e) FISHING.—Nothing in this section shall be con18 sidered to require a person to obtain a permit under this 

19 section for the conduct of any fishing activity that is not 

20 prohibited by this title or regulations issued under this 

21 title. 


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1 ‘‘SEC. 215. REGULATIONS; APPLICATION IN ACCORDANCE 

2 WITH INTERNATIONAL LAW. 

3 ‘‘(a) REGULATIONS.—The Administrator may issue 

4 such regulations as are necessary and appropriate to carry 

5 out the purposes of sections 206 and 214. 

6 ‘‘(b) RELATIONSHIP TO INTERNATIONAL LAW.—This 

7 title and any regulations promulgated under this title shall 

8 be applied in accordance with international law. No re9 strictions shall apply to or be enforced against a person 

10 who is not a citizen, national, or resident alien of the 

11 United States (including foreign flag vessels) unless in ac12 cordance with international law.’’. 

13 SEC. 106. CLARIFICATION OF DEFINITIONS. 

14 Section 218, as redesignated by section 105 of this 

15 Act (relating to definitions; 16 U.S.C. 6409), is further 

16 amended— 

17 (1) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) CONSERVATION.—The term ‘conservation’ 

20 means the use of methods and procedures that are 

21 necessary to preserve or sustain coral reefs and asso22 ciated species as resilient diverse, viable, and self23 perpetuating coral reef ecosystems, including— 

24 ‘‘(A) all activities associated with resource 

25 management, such as assessment, conservation, 


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1 protection, restoration, sustainable use, and 

2 management of habitat; 

3 ‘‘(B) mapping; 

4 ‘‘(C) monitoring of coral reef ecosystems; 

5 ‘‘(D) development and implementation of 

6 management strategies for marine protected 

7 area or networks thereof and marine resources 

8 consistent with the National Marine Sanc9 tuaries Act (16 U.S.C. 1431 et seq.) and the 

10 Magnuson-Stevens Fishery Conservation and 

11 Management Act (16 U.S.C. 1801 et seq.); 

12 ‘‘(E) law enforcement; 

13 ‘‘(F) conflict resolution initiatives; 

14 ‘‘(G) community outreach and education; 

15 and 

16 ‘‘(H) activities that promote safe and eco17 logically sound navigation.’’; 

18 (2) by amending paragraph (3) to read as fol19 lows: 

20 ‘‘(3) CORAL.—The term ‘coral’ means species 

21 of the phylum Cnidaria, including— 

22 ‘‘(A) all species of the orders Antipatharia 

23 (black corals), Scleractinia (stony corals), 

24 Gorgonacea (horny corals), Stolonifera (organ25 pipe corals and others), Alcyonacea (soft corVerDate Mar 15 2010 06:09 Jan 08, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71

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1 als), and Helioporacea (blue coral), of the class 

2 Anthozoa; and 

3 ‘‘(B) all species of the families Milleporidae 

4 (fire corals) and Stylasteridae (stylasterid 

5 hydrocorals), of the class Hydrozoa.’’; 

6 (3) by amending paragraph (4) to read as fol7 lows: 

8 ‘‘(4) CORAL REEF.—The term ‘coral reef’ 

9 means a limestone structure, in the form of a reef 

10 or shoal, comprised in whole or in part by living 

11 coral, skeletal remains of coral, and other associated 

12 sessile marine plants and animals.’’; 

13 (4) by amending paragraph (5) to read as fol14 lows: 

15 ‘‘(5) CORAL REEF ECOSYSTEM.—The term 

16 ‘coral reef ecosystem’ means a system of coral reefs 

17 and geographically associated species, habitats, and 

18 environment, including mangroves and seagrass 

19 habitats, and the processes that control its dynam20 ics.’’; and 

21 (5) by redesignating paragraphs (7) and (8) in 

22 order as paragraphs (8) and (9), respectively, and by 

23 inserting after paragraph (6) the following: 

24 ‘‘(7) CORAL REEF COMPONENT.—The term 

25 ‘coral reef component’ means any part of a coral 


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1 reef, including individual living coral, skeletal re2 mains of coral, and other associated sessile marine 

3 plants and animals, and any adjacent or associated 

4 seagrasses.’’. 

5 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 217, as redesignated by section 105 of this 

7 Act (relating to authorization of appropriations; 16 U.S.C. 

8 6408), is further amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to the Secretary of Commerce to carry out this 

13 title $30,000,000 for fiscal year 2013, $32,000,000 for 

14 fiscal year 2014, $34,000,000 for fiscal year 2015, and 

15 $35,000,000 for fiscal years 2016 and 2017.’’; 

16 (2) in subsection (b) by striking ‘‘$1,000,000’’ 

17 and inserting ‘‘$2,000,000’’; 

18 (3) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) MANAGEMENT AND PLANNING.—There is au21 thorized to be appropriated to the Administrator 

22 $7,000,000 for each of fiscal years 2013 through 2017 

23 to remain available until expended— 

24 ‘‘(1) to provide grants under section 209; and 


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1 ‘‘(2) to provide grants to States to strengthen 

2 coral reef and coral reef ecosystem management ca3 pabilities.’’; and 

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

5 following: 

6 ‘‘(d) DEPARTMENT OF THE INTERIOR.—There is au7 thorized to be appropriated to the Secretary of the Interior 

8 to carry out this Act $5,000,000 for each of fiscal years 

9 2013 through 2017.’’. 

10 TITLE II—UNITED STATES 

11 CORAL REEF TASK FORCE 

12 SEC. 201. UNITED STATES CORAL REEF TASK FORCE. 

13 (a) ESTABLISHMENT.—There is hereby established 

14 the United States Coral Reef Task Force. 

15 (b) GOAL.—The goal of the Task Force shall be to 

16 lead, coordinate, and strengthen Federal Government ac17 tions to better preserve and protect coral reef ecosystems. 

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

19 be— 

20 (1) to coordinate, in cooperation with State and 

21 local government partners, academic partners, and 

22 nongovernmental partners if appropriate, activities 

23 regarding the mapping, monitoring, research, con24 servation, mitigation, restoration of coral reefs and 

25 coral reef ecosystems; 


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1 (2) to monitor and advise regarding implemen2 tation of the policy and Federal agency responsibil3 ities set forth in Executive Order 13089 and the na4 tional coral reef action strategy developed under sec5 tion 203 of the Coral Reef Conservation Act of 

6 2000, as amended by this Act; and 

7 (3) to work with the Secretary of State and the 

8 Administrator of the Agency for International Devel9 opment, and in coordination with the other members 

10 of the Task Force, to— 

11 (A) assess the United States role in inter12 national trade and protection of coral species; 

13 and 

14 (B) encourage implementation of appro15 priate strategies and actions to promote con16 servation and sustainable use of coral reef re17 sources worldwide. 

18 (d) MEMBERSHIP, GENERALLY.—The Task Force 

19 shall be comprised of— 

20 (1) the Secretary of Commerce, acting through 

21 the Administrator of the National Oceanic and At22 mospheric Administration, and the Secretary of the 

23 Interior, who shall be co-chairs of the Task Force; 

24 (2) the Administrator of the Agency of Inter25 national Development; 


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1 (3) the Secretary of Agriculture; 

2 (4) the Secretary of Defense; 

3 (5) the Secretary of the Army, acting through 

4 the Corps of Engineers; 

5 (6) the Secretary of Homeland Security; 

6 (7) the Attorney General; 

7 (8) the Secretary of State; 

8 (9) the Secretary of Transportation; 

9 (10) the Administrator of the Environmental 

10 Protection Agency; 

11 (11) the Administrator of the National Aero12 nautics and Space Administration; 

13 (12) the Director of the National Science Foun14 dation; 

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

16 Governor, of the Commonwealth of the Northern 

17 Mariana Islands; 

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

19 Governor, of the Commonwealth of Puerto Rico; 

20 (15) the Governor, or a representative of the 

21 Governor, of the State of Florida; 

22 (16) the Governor, or a representative of the 

23 Governor, of the State of Hawaii; 

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

25 Governor, of the Territory of Guam; 


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

2 Governor, of the Territory of American Samoa; and 

3 (19) the Governor, or a representative of the 

4 Governor, of the Virgin Islands. 

5 (e) NONVOTING MEMBERS.—The President, or a rep6 resentative of the President, of each of the Freely Associ7 ated States of the Federated States of Micronesia, the Re8 public of the Marshall Islands, and the Republic of Palau 

9 may appoint a nonvoting member of the Task Force. 

10 (f) RESPONSIBILITIES OF FEDERAL AGENCY MEM11 BERS.— 

12 (1) IN GENERAL.—The Federal agency mem13 bers of the Task Force shall— 

14 (A) identify the actions of their agencies 

15 that may affect coral reef ecosystems; 

16 (B) utilize the programs and authorities of 

17 their agencies to protect and enhance the condi18 tions of such ecosystems; and 

19 (C) assist in the implementation of the Na20 tional Action Plan to Conserve Coral Reefs, the 

21 national coral reef action strategy developed 

22 under section 203 of the Coral Reef Conserva23 tion Act of 2000, as amended by this Act, the 

24 local action strategies, and any other coordi25 nated efforts approved by the Task Force. 


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1 (2) CO-CHAIRS.—In addition to their respon2 sibilities under paragraph (1), the co-chairs of the 

3 Task Force shall administer performance of the 

4 functions of the Task Force and facilitate the co5 ordination of the Federal agency members of the 

6 Task Force. 

7 (g) WORKING GROUPS.— 

8 (1) IN GENERAL.—The co-chairs of the Task 

9 Force may establish working groups as necessary to 

10 meet the goals and duties of this title. The Task 

11 Force may request the co-chairs to establish such a 

12 working group. 

13 (2) PARTICIPATION BY NONGOVERNMENTAL OR14 GANIZATIONS.—The co-chairs may allow a non15 governmental organization or academic institution to 

16 participate in such a working group. 

17 (h) FACA.—The Federal Advisory Committee Act (5 

18 U.S.C. App.) shall not apply to the Task Force. 

19 (i) DEFINITIONS.—The definitions in section 218 of 

20 the Coral Reef Conservation Act of 2000, as amended by 

21 this Act, shall apply to this section. 


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1 TITLE III—DEPARTMENT OF THE 

2 INTERIOR CORAL REEF AU3 THORITIES 

4 SEC. 301. CORAL REEF CONSERVATION ASSISTANCE. 

5 (a) IN GENERAL.—The Secretary of the Interior may 

6 provide technical assistance and, subject to the availability 

7 of appropriations, financial assistance for the conservation 

8 of coral reefs. 

9 (b) DEFINITIONS.—In this section each of the terms 

10 ‘‘conservation’’ and ‘‘coral reef’’ has the meaning that 

11 term has under section 218 of the Coral Reef Conservation 

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

13 SEC. 302. NATIONAL CORAL REEF ACTION STRATEGY. 

14 Section 203(a) (16 U.S.C. 6402(a)) is amended by 

15 inserting ‘‘and the Secretary of the Interior’’ after ‘‘the 

16 Administrator’’. 

Æ 


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