II 

112TH CONGRESS 

1ST SESSION S. 46 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. INOUYE (for himself, Mr. ROCKEFELLER, Mr. KERRY, Ms. SNOWE, and 

Mr. NELSON of Florida) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

and for other purposes. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Coral Reef Conservation Amendments Act of 2011’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Purposes. 

Sec. 4. National coral reef action strategy. 

Sec. 5. Coral reef conservation program. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 46 IS 

Sec. 6. Coral reef conservation fund. 

Sec. 7. Agreements; redesignations. 

Sec. 8. Emergency assistance. 

Sec. 9. National program. 

Sec. 10. Study of trade in corals. 

Sec. 11. International coral reef conservation activities. 

Sec. 12. Community-based planning grants. 

Sec. 13. Vessel grounding inventory. 

Sec. 14. Prohibited activities. 

Sec. 15. Destruction of coral reefs. 

Sec. 16. Enforcement. 

Sec. 17. Permits. 

Sec. 18. Regional, State, and Territorial coordination. 

Sec. 19. Regulations. 

Sec. 20. Effectiveness and assessment report. 

Sec. 21. Authorization of appropriations. 

Sec. 22. Judicial review. 

Sec. 23. Definitions. 

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 SEC. 3. PURPOSES. 

10 Section 202 (16 U.S.C. 6401) is amended to read as 

11 follows: 

12 ‘‘SEC. 202. PURPOSES. 

13 ‘‘The purposes of this Act are— 

14 ‘‘(1) to preserve, sustain, and restore the condi15 tion of coral reef ecosystems; 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 46 IS 

1 ‘‘(2) to promote the wise management and sus2 tainable use of coral reef ecosystems to benefit local 

3 communities, the Nation, and the world; 

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

5 the condition of coral reef ecosystems and the 

6 threats to such ecosystems; 

7 ‘‘(4) to assist in the preservation of coral reef 

8 ecosystems by supporting conservation programs, in9 cluding projects that involve affected local commu10 nities and nongovernmental organizations; 

11 ‘‘(5) to provide financial resources for those 

12 programs and projects; 

13 ‘‘(6) to establish a formal mechanism for col14 lecting and allocating monetary donations from the 

15 private sector to be used for coral reef conservation 

16 projects; and 

17 ‘‘(7) to provide mechanisms to prevent and 

18 minimize damage to coral reefs.’’. 

19 SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY. 

20 Section 203 (16 U.S.C. 6402) is amended to read as 

21 follows: 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after 

23 the date of the enactment of the Coral Reef Conservation 

24 Amendments Act of 2011, the Secretary shall submit to 

25 the Senate Committee on Commerce, Science, and TransVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
4 

•S 46 IS 

1 portation and to the House of Representatives Committee 

2 on Natural Resources and publish in the Federal Register 

3 a national coral reef ecosystem action strategy, consistent 

4 with the purposes of this title. The Secretary shall periodi5 cally review and revise the strategy as necessary. In devel6 oping this national strategy, the Secretary may consult the 

7 Coral Reef Task Force established under Executive Order 

8 13089 (June 11, 1998). 

9 ‘‘(b) GOALS AND OBJECTIVES.—The action strategy 

10 shall include a statement of goals and objectives as well 

11 as an implementation plan, including a description of the 

12 funds obligated each fiscal year to advance coral reef con13 servation. The action strategy and implementation plan 

14 shall include discussion of— 

15 ‘‘(1) coastal uses and management, including 

16 land-based sources of pollution; 

17 ‘‘(2) climate change; 

18 ‘‘(3) water and air quality; 

19 ‘‘(4) mapping and information management; 

20 ‘‘(5) research, monitoring, and assessment; 

21 ‘‘(6) international and regional issues; 

22 ‘‘(7) outreach and education; 

23 ‘‘(8) local strategies developed by the States or 

24 Federal agencies, including regional fishery manage25 ment councils; and 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•S 46 IS 

1 ‘‘(9) conservation.’’. 

2 SEC. 5. CORAL REEF CONSERVATION PROGRAM. 

3 (a) IN GENERAL.—Section 204 (16 U.S.C. 6403) is 

4 amended— 

5 (1) by striking ‘‘Secretary, through the Admin6 istrator and’’ in subsection (a) and inserting ‘‘Sec7 retary,’’; 

8 (2) by striking subsection (c) and inserting the 

9 following: 

10 ‘‘(c) ELIGIBILITY.—Any natural resource manage11 ment authority of a State or other government authority 

12 with jurisdiction over coral reef ecosystems, or whose ac13 tivities directly or indirectly affect coral reef ecosystems, 

14 or educational or nongovernmental institutions with dem15 onstrated expertise in the conservation of coral reef eco16 systems, may submit a coral conservation proposal to the 

17 Secretary under subsection (e).’’; 

18 (3) by striking ‘‘GEOGRAPHIC AND BIOLOGI19 CAL’’ in the heading for subsection (d) and inserting 

20 ‘‘PROJECT’’; 

21 (4) by striking paragraph (3) of subsection (d) 

22 and inserting the following: 

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

24 ‘‘(A) projects (with priority given to com25 munity-based local action strategies) that adVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
6 

•S 46 IS 

1 dress emerging priorities or threats, including 

2 international and territorial priorities, or 

3 threats identified by the Secretary; and 

4 ‘‘(B) other appropriate projects, as deter5 mined by the Secretary, including monitoring 

6 and assessment, research, pollution reduction, 

7 education, and technical support.’’; 

8 (5) by striking subsection (g) and inserting the 

9 following: 

10 ‘‘(g) CRITERIA FOR APPROVAL.—The Secretary may 

11 not approve a project proposal under this section unless 

12 the project is consistent with the coral reef action strategy 

13 under section 203 and will enhance the conservation of 

14 coral reef ecosystems nationally or internationally by— 

15 ‘‘(1) implementing coral conservation programs 

16 which promote sustainable development and ensure 

17 effective, long-term conservation of coral reef eco18 systems and biodiversity; 

19 ‘‘(2) addressing the conflicts arising from the 

20 use of environments near coral reef ecosystems or 

21 from the use of corals, species associated with coral 

22 reef ecosystems, and coral products; 

23 ‘‘(3) enhancing compliance with laws that pro24 hibit or regulate the taking of coral products or speVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
7 

•S 46 IS 

1 cies associated with coral reef ecosystems or regulate 

2 the use and management of coral reef ecosystems; 

3 ‘‘(4) developing sound scientific information on 

4 the condition of coral reef ecosystems or the threats 

5 to such ecosystems and their biodiversity, including 

6 factors that cause coral disease, ocean acidification, 

7 and bleaching; 

8 ‘‘(5) promoting and assisting the implementa9 tion of cooperative coral reef ecosystem conservation 

10 projects that involve affected local communities, non11 governmental organizations, or others in the private 

12 sector; 

13 ‘‘(6) increasing public knowledge and awareness 

14 of coral reef ecosystems and issues regarding their 

15 long-term conservation, including how they function 

16 to protect coastal communities; 

17 ‘‘(7) mapping the location, distribution, and 

18 biodiversity of coral reef ecosystems; 

19 ‘‘(8) developing and implementing techniques to 

20 monitor and assess the status and condition of coral 

21 reef ecosystems and biodiversity; 

22 ‘‘(9) developing and implementing cost-effective 

23 methods to restore degraded coral reef ecosystems 

24 and biodiversity; 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•S 46 IS 

1 ‘‘(10) responding to, or taking action to help 

2 mitigate the effects of, coral disease, ocean acidifica3 tion, and bleaching events; 

4 ‘‘(11) promoting activities designed to prevent 

5 or minimize damage to coral reef ecosystems, includ6 ing the promotion of ecologically sound navigation 

7 and anchorages; or 

8 ‘‘(12) promoting and assisting entities to work 

9 with local communities, and all appropriate govern10 mental and nongovernmental organizations, to sup11 port community-based planning and management 

12 initiatives for the protection of coral reef systems.’’; 

13 and 

14 (6) by striking ‘‘coral reefs’’ in subsection (j) 

15 and inserting ‘‘coral reef ecosystems’’. 

16 (b) CONFORMING AMENDMENTS.—Subsections (b), 

17 (d), (e), (f), (h), (i), and (j) of section 204 (16 U.S.C. 

18 6403) are each amended by striking ‘‘Administrator’’ each 

19 place it appears and inserting ‘‘Secretary’’. 

20 SEC. 6. CORAL REEF CONSERVATION FUND. 

21 Section 205 (16 U.S.C. 6404) is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) FUND.—The Secretary may enter into agree25 ments with nonprofit organizations promoting coral reef 


rfrederick on DSKD9S0YB1PROD with BILLS
9 

•S 46 IS 

1 ecosystem conservation by authorizing such organizations 

2 to receive, hold, and administer funds received pursuant 

3 to this section. Such organizations shall invest, reinvest, 

4 and otherwise administer the funds and maintain such 

5 funds and any interest or revenues earned in a separate 

6 interest-bearing account (referred to in section 219(a) as 

7 the Fund) established by such organizations solely to sup8 port partnerships between the public and private sectors 

9 that further the purposes of this title and are consistent 

10 with the national coral reef action strategy under section 

11 203.’’; 

12 (2) by striking ‘‘the grant program’’ in sub13 section (c) and inserting ‘‘any grant program’’; and 

14 (3) by striking ‘‘Administrator’’ in subsections 

15 (c) and (d) and inserting ‘‘Secretary’’. 

16 SEC. 7. AGREEMENTS; REDESIGNATIONS. 

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

18 (1) by redesignating section 206 (16 U.S.C. 

19 6405) as section 207; 

20 (2) by redesignating section 207 (16 U.S.C. 

21 6406) as section 208; 

22 (3) by redesignating section 208 (16 U.S.C. 

23 6407) as section 218; 

24 (4) by redesignating section 209 (16 U.S.C. 

25 6408) as section 219; 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•S 46 IS 

1 (5) by redesignating section 210 (16 U.S.C. 

2 6409) as section 221; and 

3 (6) by inserting after section 205 (16 U.S.C. 

4 6404) the following: 

5 ‘‘SEC. 206. AGREEMENTS. 

6 ‘‘(a) IN GENERAL.—The Secretary may execute and 

7 perform such contracts, leases, grants, cooperative agree8 ments, or other transactions as may be necessary to carry 

9 out the purposes of this title. 

10 ‘‘(b) COOPERATIVE AGREEMENTS.—In addition to 

11 the general authority provided by subsection (a), the Sec12 retary may enter into, extend, or renegotiate agreements 

13 with universities and research centers with national or re14 gional coral reef research institutes to conduct ecological 

15 research and monitoring explicitly aimed at building ca16 pacity for more effective resource management. Pursuant 

17 to any such agreements these institutes shall— 

18 ‘‘(1) collaborate directly with governmental re19 source management agencies, non-profit organiza20 tions, and other research organizations; 

21 ‘‘(2) build capacity within resource management 

22 agencies to establish research priorities, plan inter23 disciplinary research projects and make effective use 

24 of research results; and 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•S 46 IS 

1 ‘‘(3) conduct public education and awareness 

2 programs for policy makers, resource managers, and 

3 the general public on coral reef ecosystems, best 

4 practices for coral reef and ecosystem management 

5 and conservation, their value, and threats to their 

6 sustainability. 

7 ‘‘(c) USE OF OTHER AGENCIES’ RESOURCES.—For 

8 purposes related to the conservation, preservation, protec9 tion, restoration, or replacement of coral reefs or coral reef 

10 ecosystems and the enforcement of this title, the Secretary 

11 is authorized to use, with their consent and with or with12 out reimbursement, the land, services, equipment, per13 sonnel, and facilities of any Department, agency, or in14 strumentality of the United States, or of any State, local 

15 government, tribal government, Territory or possession, or 

16 of any political subdivision thereof, or of any foreign gov17 ernment or international organization. 

18 ‘‘(d) AUTHORITY TO UTILIZE GRANT FUNDS.— 

19 ‘‘(1) Except as provided in paragraph (2), the 

20 Secretary may apply for, accept, and obligate re21 search grant funding from any Federal source oper22 ating competitive grant programs where such fund23 ing furthers the purpose of this title. 

24 ‘‘(2) The Secretary may not apply for, accept, 

25 or obligate any grant funding under paragraph (1) 


rfrederick on DSKD9S0YB1PROD with BILLS
12 

•S 46 IS 

1 for which the granting agency lacks authority to 

2 grant funds to Federal agencies, or for any purpose 

3 or subject to conditions that are prohibited by law 

4 or regulation. 

5 ‘‘(3) Appropriated funds may be used to satisfy 

6 a requirement to match grant funds with recipient 

7 agency funds, except that no grant may be accepted 

8 that requires a commitment in advance of appropria9 tions. 

10 ‘‘(4) Funds received from grants shall be depos11 ited in the National Oceanic and Atmospheric Ad12 ministration account for the purpose for which the 

13 grant was awarded. 

14 ‘‘(e) TRANSFER OF FUNDS.—Under an agreement 

15 entered into pursuant to subsection (a), and subject to the 

16 availability of funds, the Secretary may transfer funds to, 

17 and may accept transfers of funds from, Federal agencies, 

18 instrumentalities and laboratories, State and local govern19 ments, Indian tribes (as defined in section 4 of the Indian 

20 Self-Determination and Educational Assistance Act (25 

21 U.S.C. 450(b)), organizations and associations rep22 resenting Native Americans, native Hawaiians, and Native 

23 Pacific Islanders, educational institutions, nonprofit orga24 nizations, commercial organizations, and other public and 

25 private persons or entities, except that no more than 5 


rfrederick on DSKD9S0YB1PROD with BILLS
13 

•S 46 IS 

1 percent of funds appropriated to carry out this section 

2 may be transferred. The 5 percent limitation shall not 

3 apply to section 204 or section 210.’’. 

4 SEC. 8. EMERGENCY ASSISTANCE. 

5 Section 207 (formerly 16 U.S.C. 6405), as redesig6 nated by section 7 of this Act, is amended to read as fol7 lows: 

8 ‘‘SEC. 207. EMERGENCY ASSISTANCE. 

9 ‘‘The Secretary, in cooperation with the Federal 

10 Emergency Management Agency, as appropriate, may pro11 vide assistance to any State, local, or territorial govern12 ment agency with jurisdiction over coral reef ecosystems 

13 to address any unforeseen or disaster-related circumstance 

14 pertaining to coral reef ecosystems.’’. 

15 SEC. 9. NATIONAL PROGRAM. 

16 Section 208 (formerly 16 U.S.C. 6406), as redesig17 nated by section 7 of this Act, is amended to read as fol18 lows: 

19 ‘‘SEC. 208. NATIONAL PROGRAM. 

20 ‘‘(a) IN GENERAL.—Subject to the availability of ap21 propriations, the Secretary may conduct activities, includ22 ing with local, State, regional, or international programs 

23 and partners, as appropriate, to conserve coral reef eco24 systems, that are consistent with this title, the National 

25 Marine Sanctuaries Act, the Coastal Zone Management 


rfrederick on DSKD9S0YB1PROD with BILLS
14 

•S 46 IS 

1 Act of 1972, the Magnuson-Stevens Fishery Conservation 

2 and Management Act, the Endangered Species Act of 

3 1973, and the Marine Mammal Protection Act of 1972. 

4 ‘‘(b) AUTHORIZED ACTIVITIES.—Activities author5 ized under subsection (a) include— 

6 ‘‘(1) mapping, monitoring, assessment, restora7 tion, socioeconomic and scientific research that ben8 efit the understanding, sustainable use, biodiversity, 

9 and long-term conservation of coral reef ecosystems; 

10 ‘‘(2) enhancing public awareness, education, un11 derstanding, and appreciation of coral reef eco12 systems; 

13 ‘‘(3) removing, and providing assistance to 

14 States in removing, abandoned fishing gear, marine 

15 debris, and abandoned vessels from coral reef eco16 systems to conserve living marine resources; 

17 ‘‘(4) responding to incidents and events that 

18 threaten and damage coral reef ecosystems; 

19 ‘‘(5) conservation and management of coral reef 

20 ecosystems; 

21 ‘‘(6) centrally archiving, managing, and distrib22 uting data sets and providing coral reef ecosystem 

23 assessments and services to the general public with 

24 local, regional, or international programs and part25 ners; and 


rfrederick on DSKD9S0YB1PROD with BILLS
15 

•S 46 IS 

1 ‘‘(7) activities designed to prevent or minimize 

2 damage to coral reef ecosystems, including those ac3 tivities described in section 212 of this title. 

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

5 The Secretary, in coordination with similar efforts at other 

6 Departments and agencies shall provide for the long-term 

7 stewardship of environmental data, products, and informa8 tion via data processing, storage, and archive facilities 

9 pursuant to this title. The Secretary may— 

10 ‘‘(1) archive environmental data collected by 

11 Federal, State, local agencies, and tribal organiza12 tions and federally funded research; 

13 ‘‘(2) promote widespread availability and dis14 semination of environmental data and information 

15 through full and open access and exchange to the 

16 greatest extent possible, including in electronic for17 mat on the Internet; 

18 ‘‘(3) develop standards, protocols, and proce19 dures for sharing Federal data with State and local 

20 government programs and the private sector or aca21 demia; and 

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

23 ecosystems in accordance with Federal Geographic 

24 Data Committee guidelines. 


rfrederick on DSKD9S0YB1PROD with BILLS
16 

•S 46 IS 

1 ‘‘(d) EMERGENCY RESPONSE, STABILIZATION, AND

2 RESTORATION.— 

3 ‘‘(1) ESTABLISHMENT OF ACCOUNT.—The Sec4 retary shall establish an account (to be called the 

5 Emergency Response, Stabilization, and Restoration 

6 Account) in the Damage Assessment Restoration 

7 Revolving Fund established by the Department of 

8 Commerce Appropriations Act, 1991 (33 U.S.C. 

9 2706 note), for implementation of this subsection for 

10 emergency actions. Amounts appropriated for the 

11 Account under section 219, and funds authorized by 

12 sections 213(d)(1)(C)(ii) and 214(f)(3)(B), shall be 

13 deposited into the Account and made available for 

14 use by the Secretary as specified in sections 213 and 

15 214. 

16 ‘‘(2) DEPOSIT AND INVESTMENT OF CERTAIN

17 FUNDS.—Any amounts received by the United 

18 States pursuant to sections 213(d)(1)(C)(ii) and 

19 212(f)(3)(B) shall be deposited into the Emergency 

20 Response, Stabilization and Restoration Account es21 tablished under paragraph (1). The Secretary of 

22 Commerce may request the Secretary of the Treas23 ury to invest such portion of the Damage Assess24 ment Restoration Revolving Fund as is not, in the 

25 judgment of the Secretary of Commerce, required to 


rfrederick on DSKD9S0YB1PROD with BILLS
17 

•S 46 IS 

1 meet the current needs of the fund. Such invest2 ments shall be made by the Secretary of the Treas3 ury in public debt securities, with maturities suitable 

4 to the needs of the fund, as determined by the Sec5 retary of Commerce and bearing interest at rates de6 termined by the Secretary of the Treasury, taking 

7 into consideration current market yields on out8 standing marketable obligations of the United States 

9 of comparable maturity. Interest earned by such in10 vestments shall be available for use by the Secretary 

11 without further appropriation and remain available 

12 until expended.’’. 

13 SEC. 10. STUDY OF TRADE IN CORALS. 

14 (a) IN GENERAL.—The Secretary of Commerce, in 

15 consultation with the Secretary of the Interior, shall con16 duct a study on the economic, social, and environmental 

17 values and impacts of the United States market in corals 

18 and coral products. 

19 (b) CONTENTS.—The study shall— 

20 (1) assess the economic and other values of the 

21 United States market in coral and coral products, 

22 including import and export trade; 

23 (2) identify primary coral species used in the 

24 coral and coral product trade and locations of wild 

25 harvest; 


rfrederick on DSKD9S0YB1PROD with BILLS
18 

•S 46 IS 

1 (3) assess the environmental impacts associated 

2 with wild harvest of coral; 

3 (4) assess the effectiveness of current public 

4 and private programs aimed at promoting conserva5 tion in the coral and coral product trade; 

6 (5) identify economic and other incentives for 

7 coral reef conservation as part of the coral and coral 

8 product trade; and 

9 (6) identify additional actions, if necessary, to 

10 ensure that the United States market in coral and 

11 coral products does not contribute to the degrada12 tion of coral reef ecosystems. 

13 (c) REPORT.—Not later than 30 months after the 

14 date of enactment of this Act, the Secretary shall submit 

15 to the Senate Committee on Commerce, Science, and 

16 Transportation and the House of Representatives Com17 mittee on Natural Resources a report of the study. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary to carry 

20 out this section $100,000. 

21 SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION AC22 TIVITIES. 

23 The Act (16 U.S.C. 6401 et seq.) is amended by in24 serting after section 208, as redesignated by section 7 of 

25 this Act, the following: 


rfrederick on DSKD9S0YB1PROD with BILLS
19 

•S 46 IS 

1 ‘‘SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION 

2 ACTIVITIES. 

3 ‘‘(a) INTERNATIONAL CORAL REEF CONSERVATION

4 ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall carry 

6 out international coral reef conservation activities 

7 consistent with the purposes of this Act with respect 

8 to coral reef ecosystems in waters outside the United 

9 States jurisdiction. The Secretary shall develop and 

10 implement an international coral reef ecosystem 

11 strategy pursuant to subsection (b). 

12 ‘‘(2) COORDINATION.—In carrying out this sub13 section, the Secretary shall consult with the Sec14 retary of State, the Administrator of the Agency for 

15 International Development, the Secretary of the In16 terior, and other relevant Federal agencies, and rel17 evant United States stakeholders, and shall take into 

18 account coral reef ecosystem conservation initiatives 

19 of other nations, international agreements, and 

20 intergovernmental and nongovernmental organiza21 tions so as to provide effective cooperation and effi22 ciencies in international coral reef conservation. The 

23 Secretary may consult with the Coral Reef Task 

24 Force in carrying out this subsection. 

25 ‘‘(b) INTERNATIONAL CORAL REEF ECOSYSTEM

26 STRATEGY.— 


rfrederick on DSKD9S0YB1PROD with BILLS
20 

•S 46 IS 

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

2 the date of enactment of the Coral Reef Conserva3 tion Amendments Act of 2011, the Secretary shall 

4 submit to the Senate Committee on Commerce, 

5 Science, and Transportation and the House of Rep6 resentatives Committee on Natural Resources, and 

7 publish in the Federal Register, an international 

8 coral reef ecosystem strategy, consistent with the 

9 purposes of this Act and the national strategy re10 quired pursuant to section 203(a). The Secretary 

11 shall periodically review and revise this strategy as 

12 necessary. 

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

14 the Secretary under paragraph (1) shall— 

15 ‘‘(A) identify coral reef ecosystems 

16 throughout the world that are of high value for 

17 United States marine resources, that support 

18 high-seas resources of importance to the United 

19 States such as fisheries, or that support other 

20 interests of the United States; 

21 ‘‘(B) summarize existing activities by Fed22 eral agencies and entities described in sub23 section (a)(2) to address the conservation of 

24 coral reef ecosystems identified pursuant to 

25 subparagraph (A); 


rfrederick on DSKD9S0YB1PROD with BILLS
21 

•S 46 IS 

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 Act; 

9 ‘‘(E) develop a plan to coordinate imple10 mentation of the strategy with entities de11 scribed in subsection (a)(2) in order to leverage 

12 current activities under this Act 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 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM

20 PARTNERSHIPS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish an international coral reef ecosystem partner23 ship program to provide support, including funding 

24 and technical assistance, for activities that impleVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
22 

•S 46 IS 

1 ment the strategy developed pursuant to subsection 

2 (b). 

3 ‘‘(2) MECHANISMS.—The Secretary shall pro4 vide such support through existing authorities, work5 ing in collaboration with the entities described in 

6 subsection (a)(2). 

7 ‘‘(3) AGREEMENTS.—The Secretary may exe8 cute and perform such contracts, leases, grants, co9 operative agreements, or other transactions as may 

10 be necessary to carry out the purposes of this sec11 tion. 

12 ‘‘(4) TRANSFER OF FUNDS.—To implement this 

13 section and subject to the availability of funds, the 

14 Secretary may transfer funds to a foreign govern15 ment or international organization, and may accept 

16 transfers of funds from such entities, except that no 

17 more than 5 percent of funds appropriated to carry 

18 out this section may be transferred. 

19 ‘‘(5) CRITERIA FOR APPROVAL.—The Secretary 

20 may not approve a partnership proposal under this 

21 section unless the partnership is consistent with the 

22 international coral reef conservation strategy devel23 oped pursuant to subsection (b), and meets the cri24 teria specified in that strategy.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
23 

•S 46 IS 

1 SEC. 12. COMMUNITY-BASED PLANNING GRANTS. 

2 The Act (16 U.S.C. 6401 et seq.) is amended by in3 serting after section 209, as added by section 11 of this 

4 Act, the following: 

5 ‘‘SEC. 210. COMMUNITY-BASED PLANNING GRANTS. 

6 ‘‘(a) IN GENERAL.—The Secretary may make grants 

7 to entities that have received grants under section 204 to 

8 provide additional funds to such entities to work with local 

9 communities and through appropriate Federal and State 

10 entities to prepare and implement plans for the increased 

11 protection of coral reef areas identified by the community 

12 and scientific experts as high priorities for focused atten13 tion. The plans shall— 

14 ‘‘(1) support attainment of 1 or more of the cri15 teria described in section 204(g); 

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

17 ‘‘(3) utilize watershed-based approaches; 

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

19 State experts and managers; and 

20 ‘‘(5) build upon local approaches, strategies, or 

21 models, including traditional or island-based re22 source management concepts. 

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

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

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


rfrederick on DSKD9S0YB1PROD with BILLS
24 

•S 46 IS 

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

2 ‘75 percent’ shall be substituted for ‘50 percent’.’’. 

3 SEC. 13. VESSEL GROUNDING INVENTORY. 

4 The Act (16 U.S.C. 6401 et seq.) is amended by in5 serting after section 210, as added by section 12 of this 

6 Act, the following: 

7 ‘‘SEC. 211. VESSEL GROUNDING INVENTORY. 

8 ‘‘(a) IN GENERAL.—The Secretary may maintain an 

9 inventory of all vessel grounding incidents involving coral 

10 reefs, including a description of— 

11 ‘‘(1) the impacts to affected coral reef eco12 systems; 

13 ‘‘(2) vessel and ownership information, if avail14 able; 

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

16 or restoration; 

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

18 the Secretary, the Commandant of the Coast Guard, 

19 or other Federal or State agency representatives; 

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

21 the dates of vessel removal and mitigation or res22 toration and any actions taken to prevent future 

23 grounding incidents; and 


rfrederick on DSKD9S0YB1PROD with BILLS
25 

•S 46 IS 

1 ‘‘(6) recommendations for additional naviga2 tional aids or other mechanisms for preventing fu3 ture grounding incidents. 

4 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Sec5 retary may— 

6 ‘‘(1) use information from any inventory main7 tained under subsection (a) or any other available 

8 information source to identify coral reef ecosystems 

9 that have a high incidence of vessel impacts, includ10 ing groundings and anchor damage; 

11 ‘‘(2) identify appropriate measures, including 

12 the acquisition and placement of aids to navigation, 

13 moorings, designated anchorage areas, fixed anchors 

14 and other devices, to reduce the likelihood of such 

15 impacts; and 

16 ‘‘(3) develop a strategy and timetable to imple17 ment such measures, including cooperative actions 

18 with other government agencies and non-govern19 mental partners.’’. 

20 SEC. 14. PROHIBITED ACTIVITIES. 

21 (a) IN GENERAL.—The Act (16 U.S.C. 6401 et seq.) 

22 is amended by inserting after section 211, as added by 

23 section 13 of this Act, the following: 


rfrederick on DSKD9S0YB1PROD with BILLS
26 

•S 46 IS 

1 ‘‘SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHI2 BITIONS. 

3 ‘‘(a) PROVISIONS AS COMPLEMENTARY.—The provi4 sions of this section are in addition to, and shall not affect 

5 the operation of, other Federal, State, or local laws or reg6 ulations providing protection to coral reef ecosystems. 

7 ‘‘(b) DESTRUCTION, LOSS, TAKING, OR INJURY.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), it is unlawful for any person to destroy, 

10 take, cause the loss of, or injure any coral reef or 

11 any component thereof. 

12 ‘‘(2) EXCEPTIONS.—The destruction, loss, tak13 ing, or injury of a coral reef or any component 

14 thereof is not unlawful if it— 

15 ‘‘(A) was caused by the use of fishing gear 

16 used in a manner permitted under the Magnu17 son-Stevens Fishery Conservation and Manage18 ment Act (16 U.S.C. 1801 et seq.) or other 

19 Federal or State law; 

20 ‘‘(B) was caused by an activity that is au21 thorized or allowed by Federal or State law (in22 cluding lawful discharges from vessels, such as 

23 graywater, cooling water, engine exhaust, bal24 last water, or sewage from marine sanitation 

25 devices), unless the destruction, loss, or injury 

26 resulted from actions such as vessel groundings, 


rfrederick on DSKD9S0YB1PROD with BILLS
27 

•S 46 IS 

1 vessel scrapings, anchor damage, excavation not 

2 authorized by Federal or State permit, or other 

3 similar activities; 

4 ‘‘(C) was the necessary result of bona fide 

5 marine scientific research (including marine sci6 entific research activities approved by Federal, 

7 State, or local permits), other than excessive 

8 sampling or collecting, or actions such as vessel 

9 groundings, vessel scrapings, anchor damage, 

10 excavation, or other similar activities; 

11 ‘‘(D) was caused by a Federal Government 

12 agency— 

13 ‘‘(i) during— 

14 ‘‘(I) an emergency that posed an 

15 unacceptable threat to human health 

16 or safety or to the marine environ17 ment; 

18 ‘‘(II) an emergency that posed a 

19 threat to national security; or 

20 ‘‘(III) an activity necessary for 

21 law enforcement or search and rescue; 

22 and 

23 could not reasonably be avoided; or 

24 ‘‘(E) was caused by an action taken by the 

25 master of the vessel in an emergency situation 


rfrederick on DSKD9S0YB1PROD with BILLS
28 

•S 46 IS 

1 to ensure the safety of the vessel or to save a 

2 life at sea. 

3 ‘‘(c) INTERFERENCE WITH ENFORCEMENT.—It is 

4 unlawful for any person to interfere with the enforcement 

5 of this title by— 

6 ‘‘(1) refusing to permit any officer authorized 

7 to enforce this title to board a vessel (other than a 

8 vessel operated by the Department of Defense or 

9 United States Coast Guard) subject to such person’s 

10 control for the purposes of conducting any search or 

11 inspection in connection with the enforcement of this 

12 title; 

13 ‘‘(2) resisting, opposing, impeding, intimidating, 

14 harassing, bribing, interfering with, or forcibly as15 saulting any person authorized by the Secretary to 

16 implement this title or any such authorized officer in 

17 the conduct of any search or inspection performed 

18 under this title; or 

19 ‘‘(3) submitting false information to the Sec20 retary or any officer authorized to enforce this title 

21 in connection with any search or inspection con22 ducted under this title. 

23 ‘‘(d) VIOLATIONS OF TITLE, PERMIT, OR REGULA24 TION.—It is unlawful for any person to violate any proviVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
29 

•S 46 IS 

1 sion of this title, any permit issued pursuant to this title, 

2 or any regulation promulgated pursuant to this title. 

3 ‘‘(e) POSSESSION AND DISTRIBUTION.—It is unlaw4 ful for any person to possess, sell, deliver, carry, transport, 

5 or ship by any means any coral taken in violation of this 

6 title.’’. 

7 (b) EMERGENCY ACTION REGULATIONS.—The Sec8 retary of Commerce shall initiate a rulemaking proceeding 

9 to prescribe the circumstances and conditions under which 

10 the exception in section 212(b)(2)(E) of the Coral Reef 

11 Conservation Act of 2000, as amended by subsection (a), 

12 applies and shall issue a final rule pursuant to that rule13 making as soon as practicable but not later than 1 year 

14 after the date of enactment of this Act. Nothing in this 

15 subsection shall be construed to require the issuance of 

16 such regulations before the exception provided by that sec17 tion is in effect. 

18 SEC. 15. DESTRUCTION OF CORAL REEFS. 

19 The Act (16 U.S.C. 6401 et seq.) is amended by in20 serting after section 212, as added by section 14 of this 

21 Act, the following: 

22 ‘‘SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY 

23 TO, CORAL REEFS. 

24 ‘‘(a) LIABILITY.— 


rfrederick on DSKD9S0YB1PROD with BILLS
30 

•S 46 IS 

1 ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex2 cept as provided in subsection (f), all persons who 

3 engage in an activity that is prohibited under sub4 sections (b) or (d) of section 212, or create an immi5 nent risk thereof, are liable, jointly and severally, to 

6 the United States for an amount equal to the sum 

7 of— 

8 ‘‘(A) response costs and damages resulting 

9 from the destruction, loss, taking, or injury, or 

10 imminent risk thereof, including damages re11 sulting from the response actions; 

12 ‘‘(B) costs of seizure, forfeiture, storage, 

13 and disposal arising from liability under this 

14 section; and 

15 ‘‘(C) interest on that amount calculated in 

16 the manner described in section 1005 of the Oil 

17 Pollution Act of 1990 (33 U.S.C. 2705). 

18 ‘‘(2) LIABILITY IN REM.— 

19 ‘‘(A) Any vessel used in an activity that is 

20 prohibited under subsection (b) or (d) of section 

21 212, or creates an imminent risk thereof, shall 

22 be liable in rem to the United States for an 

23 amount equal to the sum of— 

24 ‘‘(i) response costs and damages re25 sulting from such destruction, loss, or inVerDate Mar 15 2010 21:51 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
31 

•S 46 IS 

1 jury, or imminent risk thereof, including 

2 damages resulting from the response ac3 tions; 

4 ‘‘(ii) costs of seizure, forfeiture, stor5 age, and disposal arising from liability 

6 under this section; and 

7 ‘‘(iii) interest on that amount cal8 culated in the manner described in section 

9 1005 of the Oil Pollution Act of 1990 (33 

10 U.S.C. 2705). 

11 ‘‘(B) The amount of liability shall con12 stitute a maritime lien on the vessel and may 

13 be recovered in an action in rem in any district 

14 court of the United States that has jurisdiction 

15 over the vessel. 

16 ‘‘(3) DEFENSES.—A person or vessel is not lia17 ble under this subsection if that person or vessel es18 tablishes that the destruction, loss, taking, or injury 

19 was caused solely by an act of God, an act of war, 

20 or an act or omission of a third party (other than 

21 an employee or agent of the defendant or one whose 

22 act or omission occurs in connection with a contrac23 tual relationship, existing directly or indirectly with 

24 the defendant), and the person or master of the ves25 sel acted with due care. 


rfrederick on DSKD9S0YB1PROD with BILLS
32 

•S 46 IS 

1 ‘‘(4) NO LIMIT TO LIABILITY.—Nothing in sec2 tions 30501 through 30512 or section 30706 of title 

3 46, United States Code, shall limit liability to any 

4 person under this title. 

5 ‘‘(b) RESPONSE ACTIONS AND DAMAGE ASSESS6 MENT.— 

7 ‘‘(1) RESPONSE ACTIONS.—The Secretary may 

8 undertake or authorize all necessary actions to pre9 vent or minimize the destruction, loss, or taking of, 

10 or injury to, coral reefs, or components thereof, or 

11 to minimize the risk or imminent risk of such de12 struction, loss, or injury. 

13 ‘‘(2) DAMAGE ASSESSMENT.— 

14 ‘‘(A) The Secretary shall assess damages 

15 (as defined in section 221(8)) to coral reefs and 

16 shall consult with State officials regarding re17 sponse and damage assessment actions under18 taken for coral reefs within State waters. 

19 ‘‘(B) There shall be no double recovery 

20 under this chapter for coral reef damages, in21 cluding the cost of damage assessment, for the 

22 same incident. 

23 ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR RE24 SPONSE COSTS AND DAMAGES.— 


rfrederick on DSKD9S0YB1PROD with BILLS
33 

•S 46 IS 

1 ‘‘(1) COMMENCEMENT.—The Attorney General, 

2 upon the request of the Secretary, may commence a 

3 civil action against any person or vessel that may be 

4 liable under subsection (a) of this section for re5 sponse costs, seizure, forfeiture, storage, or disposal 

6 costs, and damages, and interest on that amount 

7 calculated in the manner described in section 1005 

8 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). 

9 The Secretary, acting as trustee for coral reefs for 

10 the United States, shall submit a request for such 

11 an action to the Attorney General whenever a person 

12 or vessel may be liable for such costs or damages. 

13 ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil action 

14 under this title may be brought in the United States 

15 district court for any district in which— 

16 ‘‘(A) the defendant is located, resides, or is 

17 doing business, in the case of an action against 

18 a person; 

19 ‘‘(B) the vessel is located, in the case of an 

20 action against a vessel; 

21 ‘‘(C) the destruction, loss, or taking of, or 

22 injury to a coral reef, or component thereof, oc23 curred or in which there is an imminent risk of 

24 such destruction, loss, or injury; or 


rfrederick on DSKD9S0YB1PROD with BILLS
34 

•S 46 IS 

1 ‘‘(D) where some or all of the coral reef or 

2 component thereof that is the subject of the ac3 tion is not within the territory covered by any 

4 United States district court, such action may be 

5 brought either in the United States district 

6 court for the district closest to the location 

7 where the destruction, loss, injury, or risk of in8 jury occurred, or in the United States District 

9 Court for the District of Columbia. 

10 ‘‘(d) USE OF RECOVERED AMOUNTS.— 

11 ‘‘(1) IN GENERAL.—Any costs, including re12 sponse costs and damages recovered by the Sec13 retary under this section shall— 

14 ‘‘(A) be deposited into an account or ac15 counts in the Damage Assessment Restoration 

16 Revolving Fund established by the Department 

17 of Commerce Appropriations Act, 1991 (33 

18 U.S.C. 2706 note), or the Natural Resource 

19 Damage Assessment and Restoration Fund es20 tablished by the Department of the Interior and 

21 Related Agencies Appropriations Act, 1992 (43 

22 U.S.C. 1474b), as appropriate given the loca23 tion of the violation; 


rfrederick on DSKD9S0YB1PROD with BILLS
35 

•S 46 IS 

1 ‘‘(B) be available for use by the Secretary 

2 without further appropriation and remain avail3 able until expended; and 

4 ‘‘(C) be for use, as the Secretary considers 

5 appropriate— 

6 ‘‘(i) to reimburse the Secretary or any 

7 other Federal or State agency that con8 ducted activities under subsection (a) or 

9 (b) of this section for costs incurred in 

10 conducting the activity; 

11 ‘‘(ii) to be transferred to the Emer12 gency Response, Stabilization and Restora13 tion Account established under section 

14 208(d) to reimburse that account for 

15 amounts used for authorized emergency ac16 tions; and 

17 ‘‘(iii) after reimbursement of such 

18 costs, to restore, replace, or acquire the 

19 equivalent of any coral reefs, or compo20 nents thereof, including the reasonable 

21 costs of monitoring, or to minimize or pre22 vent threats of equivalent injury to, or de23 struction of coral reefs, or components 

24 thereof. 


rfrederick on DSKD9S0YB1PROD with BILLS
36 

•S 46 IS 

1 ‘‘(2) RESTORATION CONSIDERATIONS.—In de2 velopment of restoration alternatives under para3 graph (1)(C), the Secretary shall consider State and 

4 territorial preferences and, if appropriate, shall 

5 prioritize restoration projects with geographic and 

6 ecological linkages to the injured resources. 

7 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re8 sponse costs or damages under subsection (c) shall be 

9 barred unless the complaint is filed within 3 years after 

10 the date on which the Secretary completes a damage as11 sessment and restoration plan for the coral reefs, or com12 ponents thereof, to which the action relates. 

13 ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In the 

14 event of threatened or actual destruction of, loss of, or 

15 injury to a coral reef or component thereof resulting from 

16 an incident caused by a component of any Department or 

17 agency of the United States Government, the cognizant 

18 Department or agency shall satisfy its obligations under 

19 this section by promptly, in coordination with the Sec20 retary, taking appropriate actions to respond to and miti21 gate the harm and restoring or replacing the coral reef 

22 or components thereof and reimbursing the Secretary for 

23 all assessment costs. 

24 ‘‘(g) UNIFORMED SERVICE OFFICERS AND EMPLOY25 EES.—No officer or employee of a uniformed service (as 


rfrederick on DSKD9S0YB1PROD with BILLS
37 

•S 46 IS 

1 defined in section 101 of title 10, United States Code) 

2 shall be held liable under this section, either in such offi3 cer’s or employee’s personal or official capacity, for any 

4 violation of section 212 occurring during the performance 

5 of the officer’s or employee’s official governmental duties. 

6 ‘‘(h) CONTRACT EMPLOYEES.—No contract employee 

7 of a uniformed service (as so defined), serving as vessel 

8 master or crew member, shall be liable under this section 

9 for any violation of section 212 if that contract em10 ployee— 

11 ‘‘(1) is acting as a contract employee of a uni12 formed service under the terms of an operating con13 tract for a vessel owned by a uniformed service, or 

14 a time charter for pre-positioned vessels, special mis15 sion vessels, or vessels exclusively transporting mili16 tary supplies and materials; and 

17 ‘‘(2) is engaged in an action or actions over 

18 which such employee has been given no discretion 

19 (e.g., anchoring or mooring at one or more des20 ignated anchorages or buoys, or executing specific 

21 operational elements of a special mission activity), as 

22 determined by the uniformed service controlling the 

23 contract.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
38 

•S 46 IS 

1 SEC. 16. ENFORCEMENT. 

2 The Act (16 U.S.C. 6401 et seq.) is amended by in3 serting after section 213, as added by section 15 of this 

4 Act, the following: 

5 ‘‘SEC. 214. ENFORCEMENT. 

6 ‘‘(a) IN GENERAL.—The Secretary shall conduct en7 forcement activities to carry out this title. 

8 ‘‘(b) POWERS OF AUTHORIZED OFFICERS.— 

9 ‘‘(1) IN GENERAL.—Any person who is author10 ized to enforce this title may— 

11 ‘‘(A) board, search, inspect, and seize any 

12 vessel or other conveyance suspected of being 

13 used to violate this title, any regulation promul14 gated under this title, or any permit issued 

15 under this title, and any equipment, stores, and 

16 cargo of such vessel, except that such authority 

17 shall not exist with respect to vessels owned or 

18 time chartered by a uniformed service (as de19 fined in section 101 of title 10, United States 

20 Code) as warships or naval auxiliaries; 

21 ‘‘(B) seize wherever found any component 

22 of coral reef taken or retained in violation of 

23 this title, any regulation promulgated under 

24 this title, or any permit issued under this title; 


rfrederick on DSKD9S0YB1PROD with BILLS
39 

•S 46 IS 

1 ‘‘(C) seize any evidence of a violation of 

2 this title, any regulation promulgated under 

3 this title, or any permit issued under this title; 

4 ‘‘(D) execute any warrant or other process 

5 issued by any court of competent jurisdiction; 

6 ‘‘(E) exercise any other lawful authority; 

7 and 

8 ‘‘(F) arrest any person, if there is reason9 able cause to believe that such person has com10 mitted an act prohibited by section 212. 

11 ‘‘(2) NAVAL AUXILIARY DEFINED.—In this sub12 section, the term ‘naval auxiliary’ means a vessel, 

13 other than a warship, that is owned by or under the 

14 exclusive control of a uniformed service and used at 

15 the time of the destruction, take, loss or injury for 

16 government, non-commercial service, including com17 bat logistics force vessels, pre-positioned vessels, spe18 cial mission vessels, or vessels exclusively used to 

19 transport military supplies and materials. 

20 ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC21 TIONS.— 

22 ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.—Any 

23 person subject to the jurisdiction of the United 

24 States who violates this title or any regulation pro25 mulgated or permit issued hereunder, shall be liable 


rfrederick on DSKD9S0YB1PROD with BILLS
40 

•S 46 IS 

1 to the United States for a civil administrative pen2 alty of not more than $200,000 for each such viola3 tion, to be assessed by the Secretary. Each day of 

4 a continuing violation shall constitute a separate vio5 lation. In determining the amount of civil adminis6 trative penalty, the Secretary shall take into account 

7 the nature, circumstances, extent, and gravity of the 

8 prohibited acts committed and, with respect to the 

9 violator, the degree of culpability, and any history of 

10 prior violations, and such other matters as justice 

11 may require. In assessing such penalty, the Sec12 retary may also consider information related to the 

13 ability of the violator to pay. 

14 ‘‘(2) PERMIT SANCTIONS.—For any person sub15 ject to the jurisdiction of the United States who has 

16 been issued or has applied for a permit under this 

17 title, and who violates this title or any regulation or 

18 permit issued under this title, the Secretary may 

19 deny, suspend, amend, or revoke in whole or in part 

20 any such permit. For any person who has failed to 

21 pay or defaulted on a payment agreement of any 

22 civil penalty or criminal fine or liability assessed 

23 pursuant to any natural resource law administered 

24 by the Secretary, the Secretary may deny, suspend, 


rfrederick on DSKD9S0YB1PROD with BILLS
41 

•S 46 IS 

1 amend or revoke in whole or in part any permit 

2 issued or applied for under this title. 

3 ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN4 ALTIES.—Any person who violates any provision of 

5 this title, any regulation promulgated or permit 

6 issued thereunder, shall be subject to a civil judicial 

7 penalty not to exceed $250,000 for each such viola8 tion. Each day of a continuing violation shall con9 stitute a separate violation. The Attorney General, 

10 upon the request of the Secretary, may commence a 

11 civil action in an appropriate district court of the 

12 United States, and such court shall have jurisdiction 

13 to award civil penalties and such other relief as jus14 tice may require. In determining the amount of a 

15 civil penalty, the court shall take into account the 

16 nature, circumstances, extent, and gravity of the 

17 prohibited acts committed and, with respect to the 

18 violator, the degree of culpability, any history of 

19 prior violations, and such other matters as justice 

20 may require. In imposing such penalty, the district 

21 court may also consider information related to the 

22 ability of the violator to pay. 

23 ‘‘(4) NOTICE.—No penalty or permit sanction 

24 shall be assessed under this subsection until after 


rfrederick on DSKD9S0YB1PROD with BILLS
42 

•S 46 IS 

1 the person charged has been given notice and an op2 portunity for a hearing. 

3 ‘‘(5) IN REM JURISDICTION.—A vessel used in 

4 violating this title, any regulation promulgated under 

5 this title, or any permit issued under this title, shall 

6 be liable in rem for any civil penalty assessed for 

7 such violation. Such penalty shall constitute a mari8 time lien on the vessel and may be recovered in an 

9 action in rem in the district court of the United 

10 States having jurisdiction over the vessel. 

11 ‘‘(6) COLLECTION OF PENALTIES.—If any per12 son fails to pay an assessment of a civil penalty 

13 under this section after it has become a final and 

14 unappealable order, or after the appropriate court 

15 has entered final judgment in favor of the Secretary, 

16 the Secretary shall refer the matter to the Attorney 

17 General, who shall recover the amount assessed in 

18 any appropriate district court of the United States 

19 (plus interest at current prevailing rates from the 

20 date of the final order). In such action, the validity 

21 and appropriateness of the final order imposing the 

22 civil penalty shall not be subject to review. Any per23 son who fails to pay, on a timely basis, the amount 

24 of an assessment of a civil penalty shall be required 

25 to pay, in addition to such amount and interest, atVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
43 

•S 46 IS 

1 torney’s fees and costs for collection proceedings and 

2 a quarterly nonpayment penalty for each quarter 

3 during which such failure to pay persists. Such non4 payment penalty shall be in an amount equal to 20 

5 percent of the aggregate amount of such person’s 

6 penalties and nonpayment penalties that are unpaid 

7 as of the beginning of such quarter. 

8 ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC9 RETARY.—The Secretary may compromise, modify, 

10 or remit, with or without conditions, any civil admin11 istrative penalty or permit sanction which is or may 

12 be imposed under this section and that has not been 

13 referred to the Attorney General for further enforce14 ment action. 

15 ‘‘(8) JURISIDICTION.—The several district 

16 courts of the United States shall have jurisdiction 

17 over any actions brought by the United States aris18 ing under this section. For the purpose of this sec19 tion, American Samoa shall be included within the 

20 judicial district of the District Court of the United 

21 States for the District of Hawaii. Each violation 

22 shall be a separate offense and the offense shall be 

23 deemed to have been committed not only in the dis24 trict where the violation first occurred, but also in 

25 any other district as authorized by law. 


rfrederick on DSKD9S0YB1PROD with BILLS
44 

•S 46 IS 

1 ‘‘(d) FORFEITURE.— 

2 ‘‘(1) CRIMINAL FORFEITURE.—A person who is 

3 convicted of an offense in violation of this title shall 

4 forfeit to the United States— 

5 ‘‘(A) any property, real or personal, consti6 tuting or traceable to the gross proceeds taken, 

7 obtained, or retained, in connection with or as 

8 a result of the offense, including, without limi9 tation, any coral reef or coral reef component 

10 (or the fair market value thereof); and 

11 ‘‘(B) any property, real or personal, used 

12 or intended to be used, in any manner, to com13 mit or facilitate the commission of the offense, 

14 including, without limitation, any vessel (includ15 ing the vessel’s equipment, stores, catch and 

16 cargo), vehicle, aircraft, or other means of 

17 transportation. 

18 Pursuant to section 2461(c) of title 28, United 

19 States Code, the provisions of section 413 of the 

20 Controlled Substances Act (21 U.S.C. 853) other 

21 than subsection (d) thereof shall apply to criminal 

22 forfeitures under this section. 

23 ‘‘(2) CIVIL FORFEITURE.—The property set 

24 forth below shall be subject to forfeiture to the 

25 United States in accordance with the provisions of 


rfrederick on DSKD9S0YB1PROD with BILLS
45 

•S 46 IS 

1 chapter 46 of title 18, United States Code, and no 

2 property right shall exist in it: 

3 ‘‘(A) Any property, real or personal, con4 stituting or traceable to the gross proceeds 

5 taken, obtained, or retained, in connection with 

6 or as a result of a violation of this title, includ7 ing, without limitation, any coral reef or coral 

8 reef component (or the fair market value there9 of). 

10 ‘‘(B) Any property, real or personal, used 

11 or intended to be used, in any manner, to com12 mit or facilitate the commission of a violation of 

13 this title, including, without limitation, any ves14 sel (including the vessel’s equipment, stores, 

15 catch and cargo), vehicle, aircraft, or other 

16 means of transportation. 

17 ‘‘(3) APPLICATION OF THE CUSTOMS LAWS.— 

18 All provisions of law relating to seizure, summary 

19 judgment, and judicial forfeiture and condemnation 

20 for violation of the customs laws, the disposition of 

21 the property forfeited or condemned or the proceeds 

22 from the sale thereof, the remission or mitigation of 

23 such forfeitures, and the compromise of claims shall 

24 apply to seizures and forfeitures incurred, or alleged 

25 to have been incurred, under the provisions of this 


rfrederick on DSKD9S0YB1PROD with BILLS
46 

•S 46 IS 

1 title, insofar as applicable and not inconsistent with 

2 the provisions hereof. For seizures and forfeitures of 

3 property under this section by the Secretary, such 

4 duties as are imposed upon the customs officer or 

5 any other person with respect to the seizure and for6 feiture of property under the customs law may be 

7 performed by such officers as are designated by the 

8 Secretary or, upon request of the Secretary, by any 

9 other agency that has authority to manage and dis10 pose of seized property. 

11 ‘‘(4) PRESUMPTION.—For the purposes of this 

12 section there is a rebuttable presumption that all 

13 coral reefs, or components thereof, found on board 

14 a vessel that is used or seized in connection with a 

15 violation of this title or of any regulation promul16 gated under this title were taken, obtained, or re17 tained in violation of this title or of a regulation pro18 mulgated under this title. 

19 ‘‘(e) PAYMENT OF STORAGE, CARE, AND OTHER

20 COSTS.—Any person assessed a civil penalty for a viola21 tion of this title or of any regulation promulgated under 

22 this title and any claimant in a forfeiture action brought 

23 for such a violation, shall be liable for the reasonable costs 

24 incurred by the Secretary in storage, care, and mainteVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
47 

•S 46 IS 

1 nance of any property seized in connection with the viola2 tion. 

3 ‘‘(f) EXPENDITURES.— 

4 ‘‘(1) Notwithstanding section 3302 of title 31, 

5 United States Code, or section 311 of the Magnu6 son-Stevens Fishery Conservation and Management 

7 Act (16 U.S.C. 1861), amounts received by the 

8 United States as civil penalties under subsection (c) 

9 of this section, forfeitures of property under sub10 section (d) of this section, and costs imposed under 

11 subsection (e) of this section, shall— 

12 ‘‘(A) be placed into an account; 

13 ‘‘(B) be available for use by the Secretary 

14 without further appropriation; and 

15 ‘‘(C) remain available until expended. 

16 ‘‘(2) Amounts received under this section for 

17 forfeitures under subsection (d) and costs imposed 

18 under subsection (e) shall be used to pay the reason19 able and necessary costs incurred by the Secretary 

20 to provide temporary storage, care, maintenance, 

21 and disposal of any property seized in connection 

22 with a violation of this title or any regulation pro23 mulgated under this title. 

24 ‘‘(3) Amounts received under this section as 

25 civil penalties under subsection (c) of this section 


rfrederick on DSKD9S0YB1PROD with BILLS
48 

•S 46 IS 

1 and any amounts remaining after the operation of 

2 paragraph (2) of this subsection shall— 

3 ‘‘(A) be used to stabilize, restore, or other4 wise manage the coral reef with respect to 

5 which the violation occurred that resulted in the 

6 penalty or forfeiture; 

7 ‘‘(B) be transferred to the Emergency Re8 sponse, Stabilization, and Restoration Account 

9 established under section 208(d) or an account 

10 described in section 213(d)(1) of this title, to 

11 reimburse such account for amounts used for 

12 authorized emergency actions; 

13 ‘‘(C) be used to conduct monitoring and 

14 enforcement activities; 

15 ‘‘(D) be used to conduct research on tech16 niques to stabilize and restore coral reefs; 

17 ‘‘(E) be used to conduct activities that pre18 vent or reduce the likelihood of future damage 

19 to coral reefs; 

20 ‘‘(F) be used to stabilize, restore or other21 wise manage any other coral reef; or 

22 ‘‘(G) be used to pay a reward to any per23 son who furnishes information leading to an as24 sessment of a civil penalty, or to a forfeiture of 


rfrederick on DSKD9S0YB1PROD with BILLS
49 

•S 46 IS 

1 property, for a violation of this title or any reg2 ulation promulgated under this title. 

3 ‘‘(g) CRIMINAL ENFORCEMENT.— 

4 ‘‘(1) Any person (other than a foreign govern5 ment or any entity of such government) who know6 ingly commits any act prohibited by section 212(c) 

7 of this title shall be imprisoned for not more than 

8 5 years and shall be fined not more than $500,000 

9 for individuals or $1,000,000 for an organization; 

10 except that if in the commission of any such offense 

11 the individual uses a dangerous weapon, engages in 

12 conduct that causes bodily injury to any officer au13 thorized to enforce the provisions of this title, or 

14 places any such officer in fear of imminent bodily in15 jury, the maximum term of imprisonment is not 

16 more than 10 years. 

17 ‘‘(2) Any person (other than a foreign govern18 ment or any entity of such government) who know19 ingly violates subsection (b), (d), or (e) of section 

20 212 shall be fined under title 18, United States 

21 Code, or imprisoned not more than 5 years or both. 

22 ‘‘(3) Any person (other than a foreign govern23 ment or any entity of such government) who violates 

24 subsection (b), (d), or (e) of section 212, and who, 

25 in the exercise of due care should know that such 


rfrederick on DSKD9S0YB1PROD with BILLS
50 

•S 46 IS 

1 person’s conduct violates subsection (b), (d), or (e) 

2 of section 212, shall be fined under title 18, United 

3 States Code, or imprisoned not more than 1 year, or 

4 both. 

5 ‘‘(4) The several district courts of the United 

6 States shall have jurisdiction over any actions 

7 brought by the United States arising under this sub8 section. For the purpose of this subsection, Amer9 ican Samoa shall be included within the judicial dis10 trict of the District Court of the United States for 

11 the District of Hawaii. Each violation shall be a sep12 arate offense and the offense shall be deemed to 

13 have been committed not only in the district where 

14 the violation first occurred, but also in any other 

15 district as authorized by law. Any offenses not com16 mitted in any district are subject to the venue provi17 sions of section 3238 of title 18, United States 

18 Code. 

19 ‘‘(h) SUBPOENAS.—In the case of any investigation 

20 or hearing under this section or any other natural resource 

21 statute administered by the National Oceanic and Atmos22 pheric Administration which is determined on the record 

23 in accordance with the procedures provided for under sec24 tion 554 of title 5, United States Code, the Secretary may 

25 issue subpoenas for the attendance and testimony of witVerDate Mar 15 2010 01:43 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S46.IS S46

rfrederick on DSKD9S0YB1PROD with BILLS
51 

•S 46 IS 

1 nesses and the production of relevant papers, books, elec2 tronic files, and documents, and may administer oaths. 

3 ‘‘(i) COAST GUARD AUTHORITY NOT LIMITED.— 

4 Nothing in this section shall be considered to limit the au5 thority of the Coast Guard to enforce this or any other 

6 Federal law under section 89 of title 14, United States 

7 Code. 

8 ‘‘(j) INJUNCTIVE RELIEF.— 

9 ‘‘(1) If the Secretary determines that there is 

10 an imminent risk of destruction or loss of or injury 

11 to a coral reef, or that there has been actual de12 struction or loss of, or injury to, a coral reef which 

13 may give rise to liability under section 213 of this 

14 title, the Attorney General, upon request of the Sec15 retary, shall seek to obtain such relief as may be 

16 necessary to abate such risk or actual destruction, 

17 loss, or injury, or to restore or replace the coral reef, 

18 or both. The district courts of the United States 

19 shall have jurisdiction in such a case to order such 

20 relief as the public interest and the equities of the 

21 case may require. 

22 ‘‘(2) Upon the request of the Secretary, the At23 torney General may seek to enjoin any person who 

24 is alleged to be in violation of any provision of this 

25 title, or any regulation or permit issued under this 


rfrederick on DSKD9S0YB1PROD with BILLS
52 

•S 46 IS 

1 title, and the district courts shall have jurisdiction to 

2 grant such relief. 

3 ‘‘(k) AREA OF APPLICATION AND ENFORCE4 ABILITY.—The area of application and enforceability of 

5 this title includes the internal waters of the United States, 

6 the territorial sea of the United States, as described in 

7 Presidential Proclamation 5928 of December 27, 1988, 

8 the Exclusive Economic Zone of the United States as de9 scribed in Presidential Proclamation 5030 of March 10, 

10 1983, and the continental shelf, consistent with inter11 national law. 

12 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac13 tion by the United States under this title, process may 

14 be served in any district where the defendant is found, 

15 resides, transacts business, or has appointed an agent for 

16 the service of process, and for civil cases may also be 

17 served in a place not within the United States in accord18 ance with rule 4 of the Federal Rules of Civil Procedure. 

19 ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil action 

20 under this title may be brought in the United States dis21 trict court for any district in which— 

22 ‘‘(1) the defendant is located, resides, or is 

23 doing business, in the case of an action against a 

24 person; 


rfrederick on DSKD9S0YB1PROD with BILLS
53 

•S 46 IS 

1 ‘‘(2) the vessel is located, in the case of an ac2 tion against a vessel; 

3 ‘‘(3) the destruction of, loss of, or injury to a 

4 coral reef, or component thereof, occurred or in 

5 which there is an imminent risk of such destruction, 

6 loss, or injury; or 

7 ‘‘(4) where some or all of the coral reef or com8 ponent thereof that is the subject of the action is not 

9 within the territory covered by any United States 

10 district court, such action may be brought either in 

11 the United States district court for the district clos12 est to the location where the destruction, loss, in13 jury, or risk of injury occurred, or in the United 

14 States District Court for the District of Columbia. 

15 ‘‘(n) UNIFORMED SERVICE OFFICERS AND EMPLOY16 EES.—No officer or employee of a uniformed service (as 

17 defined in section 101 of title 10, United States Code) 

18 shall be held liable under this section, either in such offi19 cer’s or employee’s personal or official capacity, for any 

20 violation of section 212 occurring during the performance 

21 of the officer’s or employee’s official governmental duties. 

22 ‘‘(o) CONTRACT EMPLOYEES.—No contract employee 

23 of a uniformed service (as so defined), serving as vessel 

24 master or crew member, shall be liable under this section 


rfrederick on DSKD9S0YB1PROD with BILLS
54 

•S 46 IS 

1 for any violation of section 212 if that contract em2 ployee— 

3 ‘‘(1) is acting as a contract employee of a uni4 formed service under the terms of an operating con5 tract for a vessel owned by a uniformed service, or 

6 a time charter for pre-positioned vessels, special mis7 sion vessels, or vessels exclusively transporting mili8 tary supplies and materials; and 

9 ‘‘(2) is engaged in an action or actions over 

10 which such employee has been given no discretion 

11 (e.g., anchoring or mooring at one or more des12 ignated anchorages or buoys, or executing specific 

13 operational elements of a special mission activity), as 

14 determined by the uniformed service controlling the 

15 contract.’’. 

16 SEC. 17. PERMITS. 

17 The Act (16 U.S.C. 6401 et seq.) is amended by in18 serting after section 214, as added by section 16 of this 

19 Act, the following: 

20 ‘‘SEC. 215. PERMITS. 

21 ‘‘(a) IN GENERAL.—The Secretary may allow for the 

22 conduct of— 

23 ‘‘(1) bona fide research, and 

24 ‘‘(2) activities that would otherwise be prohib25 ited by this title or regulations issued thereunder, 


rfrederick on DSKD9S0YB1PROD with BILLS
55 

•S 46 IS 

1 through issuance of coral reef conservation permits in ac2 cordance with regulations issued under this title. 

3 ‘‘(b) LIMITATION OF NON-RESEARCH ACTIVITIES.— 

4 The Secretary may not issue a permit for activities other 

5 than for bona fide research unless the Secretary finds— 

6 ‘‘(1) the activity proposed to be conducted is 

7 compatible with one or more of the purposes in sec8 tion 202(b) of this title; 

9 ‘‘(2) the activity conforms to the provisions of 

10 all other laws and regulations applicable to the area 

11 for which such permit is to be issued; and 

12 ‘‘(3) there is no practicable alternative to con13 ducting the activity in a manner that destroys, 

14 causes the loss of, or injures any coral reef or any 

15 component thereof. 

16 ‘‘(c) TERMS AND CONDITIONS.—The Secretary may 

17 place any terms and conditions on a permit issued under 

18 this section that the Secretary deems reasonable. 

19 ‘‘(d) FEES.— 

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

21 to regulations issued under this title, the Secretary 

22 may assess and collect fees as specified in this sub23 section. 

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

25 to the sum of— 


rfrederick on DSKD9S0YB1PROD with BILLS
56 

•S 46 IS 

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

2 incurred, by the Secretary in processing the 

3 permit application, including indirect costs; and 

4 ‘‘(B) if the permit is approved, all costs in5 curred, or expected to be incurred, by the Sec6 retary as a direct result of the conduct of the 

7 activity for which the permit is issued, including 

8 costs of monitoring the conduct of the activity 

9 and educating the public about the activity and 

10 coral reef resources related to the activity. 

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

12 Secretary in the form of fees under this section shall 

13 be collected and available for use only to the extent 

14 provided in advance in appropriations Acts and may 

15 be used by the Secretary for issuing and admin16 istering permits under this section. 

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

18 any fee assessed under paragraph (2) of this sub19 section, the Secretary may— 

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

21 a fee; or 

22 ‘‘(B) waive or reduce the fee. 

23 ‘‘(e) FISHING.—Nothing in this section shall be con24 sidered to require a person to obtain a permit under this 


rfrederick on DSKD9S0YB1PROD with BILLS
57 

•S 46 IS 

1 section for the conduct of any fishing activities not prohib2 ited by this title or regulations issued thereunder.’’. 

3 SEC. 18. REGIONAL, STATE, AND TERRITORIAL COORDINA4 TION. 

5 The Act (16 U.S.C. 6401 et seq.) is amended by in6 serting after section 215, as added by section 17 of this 

7 Act, the following: 

8 ‘‘SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDI9 NATION. 

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

11 other Federal members of the Coral Reef Task Force shall 

12 work in coordination and collaboration with other Federal 

13 agencies, States, and United States territorial govern14 ments to implement the strategies developed under section 

15 203, including regional and local strategies, to address 

16 multiple threats to coral reefs and coral reef ecosystems. 

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

18 The Secretary shall enter into written agreements with 

19 any States in which coral reefs are located regarding the 

20 manner in which response and restoration activities will 

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

22 in this subsection shall be construed to limit Federal re23 sponse and restoration activity authority before any such 

24 agreement is final. 


rfrederick on DSKD9S0YB1PROD with BILLS
58 

•S 46 IS 

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. 19. REGULATIONS. 

7 The Act (16 U.S.C. 6401 et seq.) is amended by in8 serting after section 216, as added by section 18, the fol9 lowing: 

10 ‘‘SEC. 217. REGULATIONS. 

11 ‘‘The Secretary may issue such regulations as are 

12 necessary and appropriate to carry out the purposes of 

13 this title. This title and any regulations promulgated 

14 under this title shall be applied in accordance with inter15 national law. No restrictions shall apply to or be enforced 

16 against a person who is not a citizen, national, or resident 

17 alien of the United States (including foreign flag vessels) 

18 unless in accordance with international law.’’. 

19 SEC. 20. EFFECTIVENESS AND ASSESSMENT REPORT. 

20 Section 218 (formerly 16 U.S.C. 6407), as redesig21 nated by section 7 of this Act, is amended to read as fol22 lows: 

23 ‘‘SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT. 

24 ‘‘(a) EFFECTIVENESS REPORT.—Not later than 

25 March 1, 2010, and every 3 years thereafter, the Secretary 


rfrederick on DSKD9S0YB1PROD with BILLS
59 

•S 46 IS 

1 shall submit to the Senate Committee on Commerce, 

2 Science, and Transportation and the House of Represent3 atives Committee on Natural Resources a report describ4 ing all activities undertaken to implement the strategy, in5 cluding— 

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

7 each participating Federal agency to advance coral 

8 reef conservation during each of the 3 fiscal years 

9 next preceding the fiscal year in which the report is 

10 submitted; 

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

12 cooperative efforts with States and United States 

13 territories to prevent or address overharvesting, 

14 coastal runoff, or other anthropogenic impacts on 

15 coral reefs, including projects undertaken with the 

16 Department of Interior, Department of Agriculture, 

17 the Environmental Protection Agency, and the 

18 United States Army Corps of Engineers; 

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

20 the vessel grounding inventory established under sec21 tion 210, including additional authorization or fund22 ing, needed for response and removal of such vessels; 

23 and 

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

25 actions taken pursuant to the National Response 


rfrederick on DSKD9S0YB1PROD with BILLS
60 

•S 46 IS 

1 Plan to address damage to coral reefs and coral reef 

2 ecosystems. 

3 ‘‘(b) ASSESSMENT REPORT.—Not later than March 

4 1, 2013, and every 5 years thereafter, the Secretary will 

5 submit to the Senate Committee on Commerce, Science, 

6 and Transportation and the House of Representatives 

7 Committee on Natural Resources an assessment of the 

8 conditions of U.S. coral reefs, accomplishments under this 

9 Act, and the effectiveness of management actions to ad10 dress threats to coral reefs.’’. 

11 SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 219 (formerly 16 U.S.C. 6408), as redesig13 nated by section 7 of this Act, is amended— 

14 (1) by striking ‘‘$16,000,000 for each of fiscal 

15 years 2001, 2002, 2003, and 2004,’’ in subsection 

16 (a) and inserting ‘‘$34,000,000 for fiscal year 2012, 

17 $36,000,000 for fiscal year 2013, $38,000,000 for 

18 fiscal year 2014, and $40,000,000 for each of fiscal 

19 years 2015 through 2016, of which no less than 24 

20 percent per year (for each of fiscal years 2012 

21 through 2016) shall be used for the grant program 

22 under section 204, no less than 6 percent shall be 

23 used for Fishery Management Councils, and up to 

24 10 percent per year shall be used for the Fund es25 tablished under section 205(a),’’; 


rfrederick on DSKD9S0YB1PROD with BILLS
61 

•S 46 IS 

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

2 and inserting ‘‘$2,000,000’’; 

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

4 following: 

5 ‘‘(c) COMMUNITY-BASED PLANNING GRANTS.— 

6 There are authorized to be appropriated to the Secretary 

7 to carry out section 210 $10,000,000 for fiscal years 2012 

8 through 2016, to remain available until expended.’’; and 

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

10 following: 

11 ‘‘(d) INTERNATIONAL CORAL REEF CONSERVATION

12 PROGRAM.—There are authorized to be appropriated to 

13 the Secretary to carry out section 209 $8,000,000 for each 

14 of fiscal years 2012 through 2016, to remain available 

15 until expended.’’. 

16 SEC. 22. JUDICIAL REVIEW. 

17 The Act (16 U.S.C. 6401 et seq.) is amended by in18 serting after section 219, as redesignated by section 7 of 

19 this Act, the following: 

20 ‘‘SEC. 220. JUDICIAL REVIEW. 

21 ‘‘(a) IN GENERAL.—Chapter 7 of title 5, United 

22 States Code, is not applicable to any action taken by the 

23 Secretary under this title, except that— 

24 ‘‘(1) review of any final agency action of the 

25 Secretary taken pursuant to sections 214(c)(1) and 


rfrederick on DSKD9S0YB1PROD with BILLS
62 

•S 46 IS 

1 214(c)(2) may be had only by the filing of a com2 plaint by an interested person in the United States 

3 District Court for the appropriate district; any such 

4 complaint must be filed within 30 days of the date 

5 such final agency action is taken; and 

6 ‘‘(2) review of any final agency action of the 

7 Secretary taken pursuant to section 215 may be had 

8 by the filing of a petition for review by an interested 

9 person in the Circuit Court of Appeals of the United 

10 States for the federal judicial district in which such 

11 person resides or transact business which is directly 

12 affected by the action taken; such petition shall be 

13 filed within 120 days from the date such final agen14 cy action is taken. 

15 ‘‘(b) NO REVIEW IN ENFORCEMENT PRO16 CEEDINGS.—Final agency action with respect to which re17 view could have been obtained under subsection (a)(2) 

18 shall not be subject to judicial review in any civil or crimi19 nal proceeding for enforcement. 

20 ‘‘(c) COST OF LITIGATION.—In any judicial pro21 ceeding under subsection (a), the court may award costs 

22 of litigation (including reasonable attorney and expert wit23 ness fees) to any prevailing party whenever it determines 

24 that such award is appropriate.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
63 

•S 46 IS 

1 SEC. 23. DEFINITIONS. 

2 Section 221 (formerly 16 U.S.C. 6409), as redesig3 nated by section 7 of this Act, is amended to read as fol4 lows: 

5 ‘‘SEC. 221. DEFINITIONS. 

6 ‘‘In this title: 

7 ‘‘(1) BIODIVERSITY.—The term ‘biodiversity’ 

8 means the variability among living organisms from 

9 all sources including, inter alia, terrestrial, marine, 

10 and other aquatic ecosystems and the ecological 

11 complexes of which they are part, including diversity 

12 within species, between species, and of ecosystems. 

13 ‘‘(2) BONA FIDE RESEARCH.—The term ‘bona 

14 fide research’ means scientific research on corals, 

15 the results of which are likely— 

16 ‘‘(A) to be eligible for publication in a re17 ferred scientific journal; 

18 ‘‘(B) to contribute to the basic knowledge 

19 of coral biology or ecology; or 

20 ‘‘(C) to identify, evaluate, or resolve con21 servation problems. 

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

23 of the phylum Cnidaria, including— 

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

25 (black corals), Scleractinia (stony corals), 

26 Gorgonacea (horny corals), Stolonifera 


rfrederick on DSKD9S0YB1PROD with BILLS
64 

•S 46 IS 

1 (organpipe corals and others), Alcyonacea (soft 

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

3 class Anthozoa; and 

4 ‘‘(B) all species of the families Milleporidea 

5 (fire corals) and Stylasteridae (stylasterid 

6 hydrocorals) of the class Hydrozoa. 

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

8 means limestone structures composed in whole or in 

9 part of living corals, as described in paragraph (3), 

10 their skeletal remains, or both, and including other 

11 corals, associated sessile invertebrates and plants, 

12 and associated seagrasses. 

13 ‘‘(5) CORAL REEF COMPONENT.—The term 

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

15 reef, including individual living or dead corals, asso16 ciated sessile invertebrates and plants, and any adja17 cent or associated seagrasses. 

18 ‘‘(6) CORAL REEF ECOSYSTEM.—The term 

19 ‘coral reef ecosystem’ means the system of coral 

20 reefs and geographically associated species, habitats, 

21 and environment, including any adjacent or associ22 ated mangroves and seagrass habitats, and the proc23 esses that control its dynamics. 

24 ‘‘(7) CORAL PRODUCTS.—The term ‘coral prod25 ucts’ means any living or dead specimens, parts, or 


rfrederick on DSKD9S0YB1PROD with BILLS
65 

•S 46 IS 

1 derivatives, or any product containing specimens, 

2 parts, or derivatives, of any species referred to in 

3 paragraph (3). 

4 ‘‘(8) DAMAGES.—The term ‘damages’ in5 cludes— 

6 ‘‘(A) compensation for— 

7 ‘‘(i) the cost of replacing, restoring, or 

8 acquiring the equivalent of the coral reef, 

9 or component thereof; and 

10 ‘‘(ii) the lost services of, or the value 

11 of the lost use of, the coral reef or compo12 nent thereof, or the cost of activities to 

13 minimize or prevent threats of, equivalent 

14 injury to, or destruction of coral reefs or 

15 components thereof, pending restoration or 

16 replacement or the acquisition of an equiv17 alent coral reef or component thereof; 

18 ‘‘(B) the reasonable cost of damage assess19 ments under section 213; 

20 ‘‘(C) the reasonable costs incurred by the 

21 Secretary in implementing section 208(d); 

22 ‘‘(D) the reasonable cost of monitoring ap23 propriate to the injured, restored, or replaced 

24 resources; 


rfrederick on DSKD9S0YB1PROD with BILLS
66 

•S 46 IS 

1 ‘‘(E) the reasonable cost of curation, con2 servation and loss of contextual information of 

3 any coral encrusted archaeological, historical, 

4 and cultural resource; 

5 ‘‘(F) the cost of legal actions under section 

6 213, undertaken by the United States, associ7 ated with the destruction or loss of, or injury 

8 to, a coral reef or component thereof, including 

9 the costs of attorney time and expert witness 

10 fees; and 

11 ‘‘(G) the indirect costs associated with the 

12 costs listed in subparagraphs (A) through (F) 

13 of this paragraph. 

14 ‘‘(9) EMERGENCY ACTIONS.—The term ‘emer15 gency actions’ means all necessary actions to prevent 

16 or minimize the additional destruction or loss of, or 

17 injury to, coral reefs or components thereof, or to 

18 minimize the risk of such additional destruction, 

19 loss, or injury. 

20 ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term 

21 ‘Exclusive Economic Zone’ means the waters of the 

22 Exclusive Economic Zone of the United States under 

23 Presidential Proclamation 5030, dated March 10, 

24 1983. 


rfrederick on DSKD9S0YB1PROD with BILLS
67 

•S 46 IS 

1 ‘‘(11) PERSON.—The term ‘person’ means any 

2 individual, private or public corporation, partnership, 

3 trust, institution, association, or any other public or 

4 private entity, whether foreign or domestic, private 

5 person or entity, or any officer, employee, agent, De6 partment, agency, or instrumentality of the Federal 

7 Government, of any State or local unit of govern8 ment, or of any foreign government. 

9 ‘‘(12) RESPONSE COSTS.—The term ‘response 

10 costs’ means the costs of actions taken or authorized 

11 by the Secretary to minimize destruction or loss of, 

12 or injury to, a coral reef, or component thereof, or 

13 to minimize the imminent risks of such destruction, 

14 loss, or injury, including costs related to seizure, for15 feiture, storage, or disposal arising from liability 

16 under section 213. 

17 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

18 means— 

19 ‘‘(A) for purposes of sections 201 through 

20 211, sections 218 through 220 (except as other21 wise provided in subparagraph (B)), and the 

22 other paragraphs of this section, the Secretary 

23 of Commerce, acting through the Administrator 

24 of the National Oceanic and Atmospheric Ad25 ministration; and 


rfrederick on DSKD9S0YB1PROD with BILLS
68 

•S 46 IS 

1 ‘‘(B) for purposes of sections 212 through 

2 220— 

3 ‘‘(i) the Secretary of the Interior for 

4 any coral reef or component thereof located 

5 in (I) the National Wildlife Refuge System, 

6 (II) the National Park System, and (III) 

7 the waters surrounding Wake Island under 

8 the jurisdiction of the Secretary of the In9 terior, as set forth in Executive Order 

10 11048 (27 Fed. Reg. 8851 (September 4, 

11 1962)); or 

12 ‘‘(ii) the Secretary of Commerce for 

13 any coral reef or component thereof located 

14 in any area not described in clause (i). 

15 ‘‘(14) SERVICE.—The term ‘service’ means 

16 functions, ecological or otherwise, performed by a 

17 coral reef or component thereof. 

18 ‘‘(15) STATE.—The term ‘State’ means any 

19 State of the United States that contains a coral reef 

20 ecosystem within its seaward boundaries, American 

21 Samoa, Guam, the Northern Mariana Islands, Puer22 to Rico, and the Virgin Islands, and any other terri23 tory or possession of the United States, or separate 

24 sovereign in free association with the United States, 


rfrederick on DSKD9S0YB1PROD with BILLS
69 

•S 46 IS 

1 that contains a coral reef ecosystem within its sea2 ward boundaries. 

3 ‘‘(16) TERRITORIAL SEA.—The term ‘Terri4 torial Sea’ means the waters of the Territorial Sea 

5 of the United States under Presidential Proclama6 tion 5928, dated December 27, 1988.’’. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS