IB 

Union Calendar No. 103 

111TH CONGRESS 

1ST SESSION H. R. 860 

[Report No. 111–196] 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Ms. BORDALLO (for herself, Mr. FALEOMAVAEGA, Ms. ROS-LEHTINEN, Mr. 

ABERCROMBIE, Mr. FARR, Mr. HASTINGS of Florida, Mr. HINCHEY, Mrs. 

CHRISTENSEN, Mrs. CAPPS, Mr. HONDA, Mr. KIRK, Ms. LEE of California, Mr. GRIJALVA, Ms. WASSERMAN SCHULTZ, Ms. HIRONO, Mr. 

KLEIN of Florida, and Mr. SABLAN) introduced the following bill; which 

was referred to the Committee on Natural Resources 

JULY 10, 2009 

Additional sponsors: Ms. CASTOR of Florida, Mr. PIERLUISI, and Mr. BACA

JULY 10, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 4, 2009] 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

and for other purposes. 


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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 2009’’. 

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. 

TITLE I—AMENDMENTS TO THE CORAL REEF CONSERVATION ACT 

Sec. 101. Short title. 

Sec. 102. Expansion of Coral Reef Conservation Program. 

Sec. 103. Emergency response. 

Sec. 104. National program. 

Sec. 105. Report to Congress. 

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

Sec. 107. Clarification of definitions. 

Sec. 108. Authorization of appropriations. 

TITLE II—UNITED STATES CORAL REEF TASK FORCE 

Sec. 201. United States Coral Reef Task Force. 

TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF 

AUTHORITIES 

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

Sec. 302. Clarification of definitions. 

9 SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT 

10 OF 2000. 

11 Except as otherwise expressly provided, whenever in 

12 this Act an amendment or repeal is expressed in terms of 

13 an amendment to or repeal of a section or other provision, 

14 the reference shall be considered to be made to a section or 


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1 other provision of the Coral Reef Conservation Act of 2000 

2 (16 U.S.C. 6401 et seq.). 

3 TITLE I—AMENDMENTS TO THE 

4 CORAL REEF CONSERVATION 

5 ACT 

6 SEC. 101. SHORT TITLE. 

7 This title may be cited as the ‘‘Coral Reef Conservation 

8 Amendments Act of 2009’’. 

9 SEC. 102. EXPANSION OF CORAL REEF CONSERVATION PRO10 GRAM. 

11 (a) PROJECT DIVERSITY.—Section 204(d) (16 U.S.C. 

12 6403(d)) is amended— 

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

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

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

16 following: 

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

18 ‘‘(A) projects (with priority given to com19 munity-based local action strategies) that ad20 dress emerging priorities or threats, including 

21 international and territorial priorities, or 

22 threats identified by the Administrator in con23 sultation with the United States Coral Reef Task 

24 Force; and 


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1 ‘‘(B) other appropriate projects, as deter2 mined by the Administrator, including moni3 toring and assessment, research, pollution reduc4 tion, education, and technical support.’’. 

5 (b) APPROVAL CRITERIA.—Section 204(g) (16 U.S.C. 

6 6403(g)) is amended— 

7 (1) by striking ‘‘or’’ after the semicolon in para8 graph (9); 

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

10 (3) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) promoting activities designed to minimize 

13 the likelihood of vessel impacts on coral reefs, particu14 larly those areas identified under section 210(b), in15 cluding the promotion of ecologically sound naviga16 tion and anchorages near coral reefs; or 

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

18 with local communities, and all appropriate govern19 mental and nongovernmental organizations, to sup20 port community-based planning and management 

21 initiatives for the protection of coral reef ecosystems.’’. 

22 SEC. 103. EMERGENCY RESPONSE. 

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

24 follows: 


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1 ‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 

2 ‘‘(a) IN GENERAL.—The Administrator may under3 take or authorize action necessary— 

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

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

6 reef, from— 

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

8 vessel anchors, and anchor chains; and 

9 ‘‘(B) from unforeseen or disaster-related cir10 cumstances as a result of human activities; and 

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

12 coral reef that is destroyed or injured, or that has in13 curred the loss of an ecosystem function, as described 

14 in paragraph (1). 

15 ‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action au16 thorized by subsection (a) includes vessel removal and emer17 gency stabilization of the vessel or any impacted coral reef. 

18 ‘‘(c) PARTNERING WITH OTHER FEDERAL AND STATE

19 AGENCIES.—When possible, action by the Administrator 

20 under this section should— 

21 ‘‘(1) be conducted in partnership with other Gov22 ernment agencies as appropriate, including— 

23 ‘‘(A) the Coast Guard, the Federal Emer24 gency Management Agency, the Army Corps of 

25 Engineers, the Environmental Protection Agen26 cy, and the Department of the Interior; and 


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1 ‘‘(B) agencies of States; and 

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

3 ‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER

4 FEDERAL AND STATE AGENCIES.— 

5 ‘‘(1) IN GENERAL.—The head of any other Fed6 eral or State agency may assist the Administrator in 

7 emergency response actions under this section, using 

8 funds available for operations of the agency con9 cerned. 

10 ‘‘(2) REIMBURSEMENT.—The Administrator, 

11 subject to the availability of appropriations, may re12 imburse a Federal or State agency for assistance pro13 vided under paragraph (1). 

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

15 REEFS.— 

16 ‘‘(1) TREATMENT OF CORAL REEFS UNDER NA17 TIONAL MARINE SANCTUARIES ACT.—For purposes of 

18 the provisions set forth in paragraph (2), and subject 

19 to paragraph (5), each of the terms ‘sanctuary re20 sources’, ‘resource’, ‘sanctuary resource managed 

21 under law or regulations for that sanctuary’, ‘na22 tional marine sanctuary’, ‘sanctuary resources of the 

23 national marine sanctuary’, and ‘sanctuary resources 

24 of other national marine sanctuaries’ is deemed to in25 clude any coral reef that is subject to the jurisdiction 


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1 of the United States or any State, without regard to 

2 whether such coral reef is located in a national ma3 rine sanctuary. 

4 ‘‘(2) APPLICABLE PROVISIONS OF NATIONAL MA5 RINE SANCTUARIES ACT.—The provisions referred to 

6 in paragraph (1) are the following provisions of the 

7 National Marine Sanctuaries Act: 

8 ‘‘(A) Paragraphs (6) and (7) of section 302 

9 (16 U.S.C. 1432). 

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

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

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

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

14 ‘‘(3) EXEMPTIONS.—The destruction, loss, or in15 jury of a coral reef or any component thereof is not 

16 unlawful if it was— 

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

18 manner that is not prohibited under the Magnu19 son-Stevens Fishery Conservation and Manage20 ment Act (16 U.S.C. 1801 et seq.) or other Fed21 eral or State law; or 

22 ‘‘(B) caused by an activity that is author23 ized by Federal or State law, including any law24 ful discharge from a vessel of graywater, cooling 

25 water, engine exhaust, ballast water, or sewage 


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1 from a marine sanitation device, unless the de2 struction, loss, or injury is a result of a vessel 

3 grounding, a vessel scraping, anchor damage, or 

4 excavation that is not authorized by a Federal or 

5 State permit; 

6 ‘‘(C) the necessary result of bona fide ma7 rine scientific research (including marine sci8 entific research activities approved by Federal, 

9 State, or local permits), other than— 

10 ‘‘(i) sampling or collecting; and 

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

12 a result of a vessel grounding, a vessel 

13 scraping, anchor damage, or excavation 

14 that is not authorized by a Federal or State 

15 permit; or 

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

17 agency in— 

18 ‘‘(I) an emergency that posed an 

19 unacceptable threat to human health or 

20 safety or to the marine environment; 

21 ‘‘(II) an emergency that posed a 

22 threat to national security; or 

23 ‘‘(III) an activity necessary for 

24 law enforcement purposes or search 

25 and rescue; and 


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1 ‘‘(ii) could not be avoided. 

2 ‘‘(4) CLARIFICATION OF LIABILITY.—A person is 

3 not liable under this subsection if that person estab4 lishes that— 

5 ‘‘(A) the destruction or loss of, or injury to, 

6 the coral reef or coral reef ecosystem was caused 

7 solely by an act of God, an act of war, or an act 

8 of omission of a third party, and the person 

9 acted with due care; 

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

11 caused by an activity authorized by Federal or 

12 State law; or 

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

14 negligible. 

15 ‘‘(5) STATE CONSENT REQUIRED.— 

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

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

18 jurisdiction of a State unless the Governor of 

19 that State notifies the Secretary that the State 

20 consents to that application. 

21 ‘‘(B) REVOCATION OF CONSENT.—The gov22 ernor of a State may revoke consent under sub23 paragraph (A) by notifying the Secretary of such 

24 revocation. 


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1 ‘‘(6) CONSISTENCY WITH INTERNATIONAL LAWS

2 AND TREATIES.— 

3 ‘‘(A) IN GENERAL.—Any action taken under 

4 the authority of this subsection must be con5 sistent with otherwise applicable international 

6 laws and treaties. 

7 ‘‘(B) ACTIONS AUTHORIZED WITH RESPECT

8 TO VESSELS.—For purposes of subparagraph 

9 (A), actions authorized under this subsection in10 clude vessel removal, and emergency re-stabiliza11 tion of a vessel and any coral reef that is im12 pacted by a vessel. 

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

14 Nothing in this title shall alter the liability of any 

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

16 SEC. 104. NATIONAL PROGRAM. 

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

18 is amended— 

19 (1) by redesignating paragraphs (2) through (6) 

20 as paragraphs (3) through (7), respectively, and by 

21 inserting after paragraph (1) the following: 

22 ‘‘(2) to promote the resilience of coral reef eco23 systems;’’. 

24 (2) by amending paragraph (4), as so redesig25 nated, to read as follows: 


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

2 the condition of coral reef ecosystems and the threats 

3 to such ecosystems including large-scale threats re4 lated to climate change, such as ocean acidification, 

5 to benefit local communities and the Nation, and to 

6 the extent practicable to support and enhance man7 agement and research capabilities at local manage8 ment agencies and local research and academic insti9 tutions;’’; and 

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

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

12 the period at the end of paragraph (7), as so redesig13 nated, and inserting ‘‘; and’’, and by adding at the 

14 end the following: 

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

16 reefs to island and coastal communities and to en17 courage Federal action to ensure, to the maximum ex18 tent practicable, the continued availability of those 

19 benefits.’’. 

20 (b) GOALS AND OBJECTIVES OF NATIONAL CORAL

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

22 6402(b)(8)) is amended to read as follows: 

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

24 consideration of island and local traditions and prac25 tices.’’. 


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1 (c) AMENDMENTS RELATING TO ACTIVITIES TO CON2 SERVE CORAL REEFS AND CORAL REEF ECOSYSTEMS.— 

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

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

5 semicolon; 

6 (2) in paragraph (4)— 

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

8 and inserting ‘‘cooperative research, conserva9 tion,’’; and 

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

11 ‘‘partners, including academic institutions lo12 cated in States;’’; and 

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

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

15 coral reefs and coral reef ecosystems; and 

16 ‘‘(6) activities designed to minimize the likeli17 hood of vessel impacts or other physical damage to 

18 coral reefs, including those areas identified in section 

19 210(b).’’. 

20 (d) CRITERIA FOR APPROVAL OF PROJECT PRO21 POSALS.—Section 204(g) (16 U.S.C. 6403(g)) is further 

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

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

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

25 following: 


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

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

3 (e) DATA ARCHIVE, ACCESS, AND AVAILABILITY.—Sec4 tion 207 (16 U.S.C. 6406) is amended— 

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

6 (b) of this section) by striking ‘‘and’’ after the semi7 colon at the end of paragraph (5), by striking the pe8 riod at the end of paragraph (6) and inserting ‘‘; 

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

10 ‘‘(7) centrally archiving, managing, and distrib11 uting data sets and providing coral reef ecosystem as12 sessments and services to the general public with 

13 local, regional, or international programs and part14 ners.’’; and 

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

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

17 The Secretary, in coordination with similar efforts at other 

18 Departments and agencies shall provide for the long-term 

19 stewardship of environmental data, products, and informa20 tion via data processing, storage, and archive facilities pur21 suant to this title. The Secretary may— 

22 ‘‘(1) archive environmental data collected by 

23 Federal, State, local agencies and tribal organizations 

24 and federally funded research; 


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1 ‘‘(2) promote widespread availability and dis2 semination of environmental data and information 

3 through full and open access and exchange to the 

4 greatest extent possible, including in electronic format 

5 on the Internet; 

6 ‘‘(3) develop standards, protocols and procedures 

7 for sharing Federal data with State and local govern8 ment programs and the private sector or academia; 

9 and 

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

11 ecosystems in accordance with Federal Geographic 

12 Data Committee guidelines.’’. 

13 SEC. 105. REPORT TO CONGRESS. 

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

15 follows: 

16 ‘‘SEC. 208. REPORT TO CONGRESS. 

17 ‘‘Not later than March 1, 2010, and every 5 years 

18 thereafter, the Administrator shall submit to the Committee 

19 on Commerce, Science, and Transportation of the Senate 

20 and the Committee on Natural Resources of the House of 

21 Representatives a report describing all activities under22 taken to implement the strategy, including— 

23 ‘‘(1) a description of the funds obligated by each 

24 participating Federal agency to advance coral reef 

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1 year period preceding the fiscal year in which the re2 port is submitted; 

3 ‘‘(2) a description of Federal interagency and co4 operative efforts with States and non-governmental 

5 partner organizations to prevent or address overhar6 vesting, coastal runoff, or other anthropogenic im7 pacts on coral reef ecosystems, including projects un8 dertaken with the Department of the Interior, the De9 partment of Agriculture, the Environmental Protec10 tion Agency, and the Army Corps of Engineers; 

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

12 the vessel grounding inventory established under sec13 tion 210, including additional authorization or fund14 ing, needed for response and removal of such vessels; 

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

16 actions taken pursuant to the National Response Plan 

17 to address damage to coral reefs and coral reef eco18 systems; and 

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

20 States coral reefs, accomplishments under this Act, 

21 and the effectiveness of management actions to ad22 dress threats to coral reefs, including actions taken to 

23 address large-scale threats to coral reef ecosystems re24 lated to climate change.’’. 


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1 SEC. 106. FUND; GRANTS; GROUNDING INVENTORY; CO2 ORDINATION. 

3 (a) FUND; GRANTS; GROUNDING INVENTORY; COORDI4 NATION.—The Act (16 U.S.C. 6401 et seq.) is amended— 

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

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

7 and inserting ‘‘organization— 

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

9 and private sectors that further the purposes of this 

10 Act and are consistent with the national coral reef 

11 strategy under section 203; and 

12 ‘‘(2) to address emergency response actions under 

13 section 206.’’; 

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

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

16 encouraged to solicit funding and in-kind services 

17 from the private sector, including nongovernmental 

18 organizations, for emergency response actions under 

19 section 206 and for activities to prevent damage to 

20 coral reefs, including areas identified in section 

21 210(b)(2).’’; 

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

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

24 grant program or emergency response action’’; 

25 (4) by redesignating sections 209 and 210 as sec26 tions 217 and 218, respectively; and 


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

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

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

4 grants to entities that are eligible to receive grants under 

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

6 to work with local communities and through appropriate 

7 Federal and State entities to prepare and implement plans 

8 for the increased protection of coral reef areas identified by 

9 the community and scientific experts as high priorities for 

10 focused attention. The plans shall— 

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

12 criteria described in section 204(g); 

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

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

15 ecosystem-based approaches; 

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

17 State experts and managers; 

18 ‘‘(5) build upon local approaches or models, in19 cluding traditional or island-based resource manage20 ment concepts; and 

21 ‘‘(6) complement local action strategies or re22 gional plans for coral reef conservation. 

23 ‘‘(b) TERMS AND CONDITIONS.—The provisions of sub24 sections (b), (d), (f), and (h) of section 204 apply to grants 

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1 ing section 204(b)(1) to grants under this section, ‘75 per2 cent’ shall be substituted for ‘50 percent’. 

3 ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

4 ‘‘(a) IN GENERAL.—The Administrator, in coordina5 tion with other Federal agencies, may maintain an inven6 tory of all vessel grounding incidents involving coral reefs, 

7 including a description of— 

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

9 ‘‘(2) vessel and ownership information, if avail10 able; 

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

12 restoration; 

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

14 Administrator, the Commandant of the Coast Guard, 

15 or other Federal or State agency representatives; 

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

17 the dates of vessel removal and mitigation or restora18 tion and any actions taken to prevent future ground19 ing incidents; and 

20 ‘‘(6) recommendations for additional naviga21 tional aids or other mechanisms for preventing future 

22 grounding incidents. 

23 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad24 ministrator may— 


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1 ‘‘(1) use information from any inventory main2 tained under subsection (a) or any other available in3 formation source to identify all coral reef areas that 

4 have a high incidence of vessel impacts, including 

5 groundings and anchor damage; 

6 ‘‘(2) identify appropriate measures, including 

7 action by other agencies, to reduce the likelihood of 

8 such impacts; and 

9 ‘‘(3) develop a strategy and timetable to imple10 ment such measures, including cooperative actions 

11 with other Government agencies and non-govern12 mental partners. 

13 ‘‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDI14 NATION. 

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

16 other Federal members of the United States Coral Reef Task 

17 Force shall work in coordination and collaboration with 

18 other Federal agencies and States to implement the strate19 gies developed under section 203, including regional and 

20 local strategies, to address multiple threats to coral reefs 

21 and coral reef ecosystems such as coastal runoff, vessel im22 pacts, and overharvesting. 

23 ‘‘(b) RESPONSE AND RESTORATION ACTIVITIES.—The 

24 Secretary shall enter into written agreements with any 

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1 ner in which response and restoration activities will be con2 ducted within the affected State’s waters. Nothing in this 

3 subsection shall be construed to limit Federal response and 

4 restoration activity authority before any such agreement is 

5 final. 

6 ‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.—All 

7 cooperative enforcement agreements in place between the 

8 Secretary and States affected by this title shall be updated 

9 to include enforcement of this title where appropriate. 

10 ‘‘SEC. 212. AGREEMENTS. 

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

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

13 agreements as may be necessary to carry out the purposes 

14 of this title. 

15 ‘‘(b) COOPERATIVE AGREEMENTS.—In addition to the 

16 general authority provided by subsection (a), the Adminis17 trator may enter into, extend, or renegotiate agreements 

18 with universities and research centers with established man19 agement-driven national or regional coral reef research in20 stitutes to conduct ecological research and monitoring ex21 plicitly aimed at building capacity for more effective re22 source management. Pursuant to any such agreements these 

23 institutes shall— 


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1 ‘‘(1) collaborate directly with governmental re2 source management agencies, non-profit organiza3 tions, and other research organizations; 

4 ‘‘(2) build capacity within resource management 

5 agencies to establish research priorities, plan inter6 disciplinary research projects and make effective use 

7 of research results; and 

8 ‘‘(3) conduct public education and awareness 

9 programs for policy makers, resource managers, and 

10 the general public on coral reef ecosystems, best prac11 tices for coral reef and ecosystem management and 

12 conservation, their value, and threats to their sustain13 ability. 

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

15 purposes related to the conservation, preservation, protec16 tion, restoration, or replacement of coral reefs or coral reef 

17 ecosystems and the enforcement of this title, the Adminis18 trator is authorized to use, with their consent and with or 

19 without reimbursement, the land, services, equipment, per20 sonnel, and facilities of any Department, agency, or instru21 mentality of the United States, or of any State, local gov22 ernment, or Indian tribal government, or of any political 

23 subdivision thereof, or of any foreign government or inter24 national organization. 


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1 ‘‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION 

2 STRATEGY. 

3 ‘‘(a) INTERNATIONAL CORAL REEF ECOSYSTEM

4 STRATEGY.— 

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

6 the date of enactment of the Coral Reef Conservation 

7 Act Reauthorization and Enhancement Amendments 

8 of 2009, the Secretary shall submit to the Senate 

9 Committee on Commerce, Science, and Transpor10 tation and the House of Representatives Committee 

11 on Natural Resources, and publish in the Federal 

12 Register, an international coral reef ecosystem strat13 egy, consistent with the purposes of this title and the 

14 national strategy required pursuant to section 203(a). 

15 The Secretary shall periodically review and revise 

16 this strategy as necessary. 

17 ‘‘(2) CONTENTS.—The strategy developed by the 

18 Secretary under paragraph (1) shall— 

19 ‘‘(A) identify coral reef ecosystems through20 out the world that are of high value for United 

21 States marine resources, that support high-seas 

22 resources of importance to the United States such 

23 as fisheries, or that support other interests of the 

24 United States; 

25 ‘‘(B) summarize existing activities by Fed26 eral agencies and entities described in subsection 


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1 (b) to address the conservation of coral reef eco2 systems identified pursuant to subparagraph 

3 (A); 

4 ‘‘(C) establish goals, objectives, and specific 

5 targets for conservation of priority international 

6 coral reef ecosystems; 

7 ‘‘(D) describe appropriate activities to 

8 achieve the goals and targets for international 

9 coral reef conservation, in particular those that 

10 leverage activities already conducted under this 

11 title; 

12 ‘‘(E) develop a plan to coordinate imple13 mentation of the strategy with entities described 

14 in subsection (b) in order to leverage current ac15 tivities under this title and other conservation ef16 forts globally; 

17 ‘‘(F) identify appropriate partnerships, 

18 grants, or other funding and technical assistance 

19 mechanisms to carry out the strategy; and 

20 ‘‘(G) develop criteria for prioritizing part21 nerships under subsection (c). 

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

23 Secretary shall consult with the Secretary of State, the Ad24 ministrator of the Agency for International Development, 

25 the Secretary of the Interior, and other relevant Federal 


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1 agencies, and relevant United States stakeholders, and shall 

2 take into account coral reef ecosystem conservation initia3 tives of other nations, international agreements, and inter4 governmental and nongovernmental organizations so as to 

5 provide effective cooperation and efficiencies in inter6 national coral reef conservation. The Secretary may consult 

7 with the United States Coral Reef Task Force in carrying 

8 out this subsection. 

9 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM PART10 NERSHIPS.— 

11 ‘‘(1) IN GENERAL.—The Secretary may establish 

12 an international coral reef ecosystem partnership pro13 gram to provide support, including funding and tech14 nical assistance, for activities that implement the 

15 strategy developed pursuant to subsection (a). 

16 ‘‘(2) MECHANISMS.—The Secretary shall provide 

17 such support through existing authorities, working in 

18 collaboration with the entities described in subsection 

19 (b). 

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

21 may not approve a partnership proposal under this 

22 section unless the partnership is consistent with the 

23 international coral reef conservation strategy devel24 oped pursuant to subsection (a), and meets the cri25 teria specified in that strategy. 


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1 ‘‘(d) PRIORITY FOR CERTAIN PROJECTS CONDUCTED

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

3 shall give priority consideration to regional initiatives and 

4 projects that States are participating in with other nations. 

5 ‘‘SEC. 214. PERMITS. 

6 ‘‘(a) IN GENERAL.—The Administrator may, in ac7 cordance with this section and regulations issued under this 

8 title, issue a permit authorizing the conduct of bona fide 

9 research. 

10 ‘‘(b) EXEMPT ACTIVITIES.—No permit under this sec11 tion is required for an activity that is exempt from liability 

12 under section 206(e). 

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

14 may place any terms and conditions on a permit issued 

15 under this section that the Administrator deems reasonable. 

16 ‘‘(d) FEES.— 

17 ‘‘(1) ASSESSMENT AND COLLECTION.—Subject to 

18 regulations issued under this title, the Administrator 

19 may assess and collect fees as specified in this sub20 section. 

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

22 the sum of— 

23 ‘‘(A) all costs incurred, or expected to be in24 curred, by the Administrator in processing the 

25 permit application, including indirect costs; and 


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1 ‘‘(B) if the permit is approved, all costs in2 curred, or expected to be incurred, by the Admin3 istrator as a direct result of the conduct of the 

4 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 ex8 tent provided in advance in appropriations acts and 

9 may be used by the Administrator for issuing and ad10 ministering permits under this section. 

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

12 fee assessed under paragraph (2) of this subsection, 

13 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 consid18 ered to require a person to obtain a permit under this sec19 tion for the conduct of any fishing activity that is not pro20 hibited by this title or regulations issued under this title. 

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

22 WITH INTERNATIONAL LAW. 

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

24 such regulations as are necessary and appropriate to carry 

25 out the purposes of sections 206 and 214. 


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

2 title and any regulations promulgated under this title shall 

3 be applied in accordance with international law. No restric4 tions shall apply to or be enforced against a person who 

5 is not a citizen, national, or resident alien of the United 

6 States (including foreign flag vessels) unless in accordance 

7 with international law. 

8 ‘‘SEC. 216. JUDICIAL REVIEW. 

9 ‘‘(a) IN GENERAL.—Judicial review of any action 

10 taken by the Secretary under this title shall be in accord11 ance with sections 701 through 706 of title 5, United States 

12 Code, except that— 

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

14 Secretary taken under the authority of section 206(e) 

15 may be had only by the filing of a complaint by an 

16 interested person in the United States District Court 

17 for the appropriate district within 30 days after the 

18 date such final agency action is taken; and 

19 ‘‘(2) review of the issuance or denial of a permit 

20 under this title may be had only by the filing of a 

21 petition for review by an interested person in the Cir22 cuit Court of Appeals of the United States for the 

23 District of Columbia Circuit or for the Federal judi24 cial district in which such person resides or transacts 

25 business which is directly affected by the action taken 


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1 within 120 days after the date such final agency ac2 tion is taken. 

3 ‘‘(b) COST OF LITIGATION.—In any judicial pro4 ceeding under subsection (a), the court may award costs of 

5 litigation (including reasonable attorney and expert witness 

6 fees) to any prevailing party whenever it determines that 

7 such award is appropriate.’’. 

8 (b) COOPERATIVE AGREEMENTS.—Section 204 (16 

9 U.S.C. 6403) is amended by adding at the end the following: 

10 ‘‘(k) MULTIYEAR COOPERATIVE AGREEMENTS.—The 

11 Administrator may enter into multiyear cooperative agree12 ments with the heads of other Federal agencies, States, local 

13 governments, academic institutions, and non-governmental 

14 organizations to carry out the activities of the national 

15 coral reef action strategy developed under section 203 and 

16 to implement regional strategies developed pursuant to sec17 tion 211.’’. 

18 SEC. 107. CLARIFICATION OF DEFINITIONS. 

19 Section 218, as redesignated by section 106(a) of this 

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

21 amended— 

22 (1) by amending paragraph (2) to read as fol23 lows: 

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

25 means the use of methods and procedures that are 


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1 necessary to preserve or sustain coral reefs and associ2 ated species as resilient diverse, viable, and self-per3 petuating coral reef ecosystems, including— 

4 ‘‘(A) all activities associated with resource 

5 management, such as assessment, conservation, 

6 protection, restoration, sustainable use, and 

7 management of habitat; 

8 ‘‘(B) mapping; 

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

10 ‘‘(D) development and implementation of 

11 management strategies for marine protected area 

12 or networks thereof and marine resources con13 sistent with the National Marine Sanctuaries 

14 Act (16 U.S.C. 1431 et seq.) and the Magnuson15 Stevens Fishery Conservation and Management 

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

17 ‘‘(E) law enforcement; 

18 ‘‘(F) conflict resolution initiatives; 

19 ‘‘(G) community outreach and education; 

20 and 

21 ‘‘(H) activities that promote safe and eco22 logically sound navigation.’’; 

23 (2) by amending paragraph (3) to read as fol24 lows: 


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

2 the phylum Cnidaria, including— 

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

4 (black corals), Scleractinia (stony corals), 

5 Gorgonacea (horny corals), Stolonifera (organ6 pipe corals and others), Alcyonacea (soft corals), 

7 and Helioporacea (blue coral), of the class 

8 Anthozoa; and 

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

10 (fire corals) and Stylasteridae (stylasterid 

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

12 (3) by amending paragraph (4) to read as fol13 lows: 

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

15 a limestone structure composed in whole or in part of 

16 living zooxanthellate stony corals (Class Anthozoa, 

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

18 (4) by amending paragraph (5) to read as fol19 lows: 

20 ‘‘(5) CORAL REEF ECOSYSTEM.—The term ‘coral 

21 reef ecosystem’ means a system of coral reefs and geo22 graphically associated species, habitats, and environ23 ment, including mangroves and seagrass habitats, 

24 and the processes that control its dynamics.’’; and 


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

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

3 inserting after paragraph (6) the following: 

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

5 reef component’ means any part of a coral reef, in6 cluding individual living or dead corals, associated 

7 sessile invertebrates and plants, and any adjacent or 

8 associated seagrasses.’’. 

9 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 217, as redesignated by section 106(a) of this 

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

12 6408), is further amended— 

13 (1) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) IN GENERAL.—There are authorized to be appro16 priated to the Secretary of Commerce to carry out this title 

17 $30,000,000 for fiscal year 2010, $32,000,000 for fiscal year 

18 2011, $34,000,000 for fiscal year 2012, and $35,000,000 for 

19 fiscal years 2013 and 2014.’’; 

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

21 and inserting ‘‘$2,000,000’’; 

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

23 following: 

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

25 authorized to be appropriated to the Administrator to carry 


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1 out section 209, $8,000,000 for fiscal years 2010 through 

2 2014, to remain available until expended.’’; and 

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

4 following: 

5 ‘‘(d) DEPARTMENT OF THE INTERIOR.—There is au6 thorized to be appropriated to the Secretary of the Interior 

7 to carry out this title $10,000,000 for each of fiscal years 

8 2009 through 2013.’’. 

9 TITLE II—UNITED STATES 

10 CORAL REEF TASK FORCE 

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

12 (a) ESTABLISHMENT.—There is hereby established the 

13 United States Coral Reef Task Force. 

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

15 coordinate, and strengthen Federal Government actions to 

16 better preserve and protect coral reef ecosystems. 

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

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

19 local government partners, academic partners, and 

20 nongovernmental partners if appropriate, activities 

21 regarding the mapping, monitoring, research, con22 servation, mitigation, restoration of coral reefs and 

23 coral reef ecosystems; 

24 (2) to monitor and advise regarding implemen25 tation of the policy and Federal agency responsibilVerDate Nov 24 2008 00:24 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H860.RH H860

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1 ities set forth in Executive Order 13089 and the na2 tional coral reef action strategy developed under sec3 tion 203 of the Coral Reef Conservation Act of 2000, 

4 as amended by this Act; and 

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

6 Administrator of the Agency for International Devel7 opment, and in coordination with the other members 

8 of the Task Force, to— 

9 (A) assess the United States role in inter10 national trade and protection of coral species; 

11 and 

12 (B) encourage implementation of appro13 priate strategies and actions to promote con14 servation and sustainable use of coral reef re15 sources worldwide. 

16 (d) MEMBERSHIP, GENERALLY.—The Task Force shall 

17 be comprised of— 

18 (1) the Secretary of Commerce, acting through 

19 the Administrator of the National Oceanic and At20 mospheric Administration, and the Secretary of the 

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

22 (2) the Administrator of the Agency of Inter23 national Development; 

24 (3) the Secretary of Agriculture; 

25 (4) the Secretary of Defense; 


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

2 Corps of Engineers; 

3 (6) the Secretary of Homeland Security; 

4 (7) the Attorney General; 

5 (8) the Secretary of State; 

6 (9) the Secretary of Transportation; 

7 (10) the Administrator of the Environmental 

8 Protection Agency; 

9 (11) the Administrator of the National Aero10 nautics and Space Administration; 

11 (12) the Director of the National Science Foun12 dation; 

13 (13) the Governor, or a representative of the Gov14 ernor, of the Commonwealth of the Northern Mariana 

15 Islands; 

16 (14) the Governor, or a representative of the Gov17 ernor, of the Commonwealth of Puerto Rico; 

18 (15) the Governor, or a representative of the Gov19 ernor, of the State of Florida; 

20 (16) the Governor, or a representative of the Gov21 ernor, of the State of Hawaii; 

22 (17) the Governor, or a representative of the Gov23 ernor, of the Territory of Guam; 

24 (18) the Governor, or a representative of the Gov25 ernor, of the Territory of American Samoa; and 


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1 (19) the Governor, or a representative of the Gov2 ernor, of the Virgin Islands. 

3 (e) NONVOTING MEMBERS.—The President, or a rep4 resentative of the President, of each of the Freely Associated 

5 States of the Federated States of Micronesia, the Republic 

6 of the Marshall Islands, and the Republic of Palau may 

7 appoint a nonvoting member of the Task Force. 

8 (f) RESPONSIBILITIES OF FEDERAL AGENCY MEM9 BERS.— 

10 (1) IN GENERAL.—The Federal agency members 

11 of the Task Force shall— 

12 (A) identify the actions of their agencies 

13 that may affect coral reef ecosystems; 

14 (B) utilize the programs and authorities of 

15 their agencies to protect and enhance the condi16 tions of such ecosystems; and 

17 (C) assist in the implementation of the Na18 tional Action Plan to Conserve Coral Reefs, the 

19 national coral reef action strategy developed 

20 under section 203 of the Coral Reef Conservation 

21 Act of 2000, as amended by this Act, the local 

22 action strategies, and any other coordinated ef23 forts approved by the Task Force. 

24 (2) CO-CHAIRS.—In addition to their respon25 sibilities under paragraph (1), the co-chairs of the 


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1 Task Force shall administer performance of the func2 tions of the Task Force and facilitate the coordination 

3 of the Federal agency members of the Task Force. 

4 (g) WORKING GROUPS.— 

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

6 Force may establish working groups as necessary to 

7 meet the goals and duties of this title. The Task Force 

8 may request the co-chairs to establish such a working 

9 group. 

10 (2) PARTICIPATION BY NONGOVERNMENTAL OR11 GANIZATIONS.—The co-chairs may allow a nongovern12 mental organization or academic institution to par13 ticipate in such a working group. 

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

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

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

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

18 this Act , shall apply to this section. 

19 TITLE III—DEPARTMENT OF THE 

20 INTERIOR CORAL REEF AU21 THORITIES 

22 SEC. 301. AMENDMENTS RELATING TO DEPARTMENT OF 

23 THE INTERIOR PROGRAM. 

24 (a) AMENDMENTS AND CLARIFICATIONS TO DEFINI25 TIONS.— 


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1 (1) FISH AND WILDLIFE COORDINATION ACT.— 

2 Section 8 of the Fish and Wildlife Coordination Act 

3 (16 U.S.C. 666b) is amended by inserting before the 

4 period at the end the following: ‘‘, including coral reef 

5 ecosystems (as such term is defined in section 218 of 

6 the Coral Reef Conservation Act of 2000) located in 

7 any unit of the National Park System, any unit of 

8 the National Wildlife Refuge System, or any Marine 

9 National Monument designated under the Act of June 

10 8, 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly 

11 known as the ‘Antiquities Act’)’’. 

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

13 AND WILDLIFE IMPROVEMENT ACT OF 1978.—With re14 spect to the authorities under the Fish and Wildlife 

15 Act of 1956 (16 U.S.C. 742a et seq.) and the authori16 ties under the Fish and Wildlife Improvement Act of 

17 1978 (16 U.S.C. 742l), references in such Acts to 

18 ‘‘wildlife’’ and ‘‘fish and wildlife’’ shall be construed 

19 to include coral reef ecosystems (as such term is de20 fined in section 218 of the Coral Reef Conservation 

21 Act of 2000, as amended by this Act) located in any 

22 unit of the National Park System, any unit of the 

23 National Wildlife Refuge System, or any Marine Na24 tional Monument designated under the Act of June 8, 


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1 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly known 

2 as the ‘‘Antiquities Act’’). 

3 (b) CORAL REEF CONSERVATION ASSISTANCE.— 

4 (1) IN GENERAL.—The Secretary of the Interior 

5 may provide technical assistance and, subject to the 

6 availability of appropriations, financial assistance 

7 for the conservation of coral reefs. 

8 (2) DEFINITIONS.—In this subsection each of the 

9 terms ‘‘conservation’’ and ‘‘coral reef’’ has the mean10 ing that term has under section 218 of the Coral Reef 

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

12 by this Act. 

13 SEC. 302. CLARIFICATION OF DEFINITIONS. 

14 Section 218, as redesignated by section 106(a) of this 

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

16 amended— 

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

19 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis20 trator’— 

21 ‘‘(A) except as provided in subparagraph 

22 (B), means the Administrator of the National 

23 Oceanic and Atmospheric Administration; and 

24 ‘‘(B) in sections 206, 209, 212, 214, and 

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1 poses of application of those sections to national 

2 park units and national wildlife refuges.’’; and 

3 (2) by amending paragraph (8), as redesignated 

4 by section 107(5) of this Act, to read as follows: 

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

6 ‘‘(A) except as provided in subparagraphs 

7 (B) and (C), means the Secretary of Commerce; 

8 ‘‘(B) in section 206(e), means— 

9 ‘‘(i) the Secretary of the Interior, with 

10 respect to any coral reef or component 

11 thereof that is located in— 

12 ‘‘(I) any unit of the National 

13 Park System; 

14 ‘‘(II) any unit of the National 

15 Wildlife Refuge System; or 

16 ‘‘(III) any Marine National 

17 Monument designated under any of the 

18 Fish and Wildlife Coordination Act 

19 (16 U.S.C. 661 et seq.), the Fish and 

20 Wildlife Act of 1956 (16 U.S.C. 742a et 

21 seq.), the Fish and Wildlife Improve22 ment Act of 1978 (16 U.S.C. 695j–1 et 

23 seq.) and the provisions of law enacted 

24 by that Act, and the Act of June 8, 

25 1906 (34 Stat. 225; 16 U.S.C. 431) 


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1 (popularly known as the ‘Antiquities 

2 Act’) and that is under the adminis3 trative jurisdiction of the Secretary of 

4 the Interior; and 

5 ‘‘(ii) the Secretary of Commerce, with 

6 respect to any other coral reef or component 

7 thereof that is located in any Marine Na8 tional Monument designated under a law 

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

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

11 Commerce and the Secretary of the Interior.’’. 


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Union Calendar No. 103 

111TH CONGRESS 

1ST SESSION H. R. 860 

[Report No. 111–196] 

A BILL 

To reauthorize the Coral Reef Conservation Act of 

2000, and for other purposes. 

JULY 10, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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