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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 860 Reported in House (RH)]

                                                 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.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Coral Reef 
Conservation Act Reauthorization and Enhancement Amendments of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.

         TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

Sec. 101. Short title.
Sec. 102. Expansion of Coral Reef Conservation Program.
Sec. 103. Emergency response.
Sec. 104. National program.
Sec. 105. Report to Congress.
Sec. 106. Fund; grants; grounding inventory; coordination.
Sec. 107. Clarification of definitions.
Sec. 108. Authorization of appropriations.

             TITLE II--UNITED STATES CORAL REEF TASK FORCE

Sec. 201. United States Coral Reef Task Force.

      TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

Sec. 301. Amendments relating to Department of the Interior program.
Sec. 302. Clarification of definitions.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to or repeal 
of a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coral Reef Conservation 
Act of 2000 (16 U.S.C. 6401 et seq.).

         TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Coral Reef Conservation Amendments 
Act of 2009''.

SEC. 102. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.

    (a) Project Diversity.--Section 204(d) (16 U.S.C. 6403(d)) is 
amended--
            (1) in the heading by striking ``Geographic and 
        Biological'' and inserting ``Project''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Remaining funds shall be awarded for--
                    ``(A) projects (with priority given to community-
                based local action strategies) that address emerging 
                priorities or threats, including international and 
                territorial priorities, or threats identified by the 
                Administrator in consultation with the United States 
                Coral Reef Task Force; and
                    ``(B) other appropriate projects, as determined by 
                the Administrator, including monitoring and assessment, 
                research, pollution reduction, education, and technical 
                support.''.
    (b) Approval Criteria.--Section 204(g) (16 U.S.C. 6403(g)) is 
amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (9);
            (2) by striking paragraph (10); and
            (3) by inserting after paragraph (9) the following:
            ``(10) promoting activities designed to minimize the 
        likelihood of vessel impacts on coral reefs, particularly those 
        areas identified under section 210(b), including the promotion 
        of ecologically sound navigation and anchorages near coral 
        reefs; or
            ``(11) promoting and assisting entities to work with local 
        communities, and all appropriate governmental and 
        nongovernmental organizations, to support community-based 
        planning and management initiatives for the protection of coral 
        reef ecosystems.''.

SEC. 103. EMERGENCY RESPONSE.

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

``SEC. 206. EMERGENCY RESPONSE ACTIONS.

    ``(a) In General.--The Administrator may undertake or authorize 
action necessary--
            ``(1) to minimize the destruction of or injury to a coral 
        reef, or loss of an ecosystem function of a coral reef, from--
                    ``(A) vessel impacts, derelict fishing gear, vessel 
                anchors, and anchor chains; and
                    ``(B) from unforeseen or disaster-related 
                circumstances as a result of human activities; and
            ``(2) to stabilize, repair, recover, or restore a coral 
        reef that is destroyed or injured, or that has incurred the 
        loss of an ecosystem function, as described in paragraph (1).
    ``(b) Vessel Removal; Stabilization.--Action authorized by 
subsection (a) includes vessel removal and emergency stabilization of 
the vessel or any impacted coral reef.
    ``(c) Partnering With Other Federal and State Agencies.--When 
possible, action by the Administrator under this section should--
            ``(1) be conducted in partnership with other Government 
        agencies as appropriate, including--
                    ``(A) the Coast Guard, the Federal Emergency 
                Management Agency, the Army Corps of Engineers, the 
                Environmental Protection Agency, and the Department of 
                the Interior; and
                    ``(B) agencies of States; and
            ``(2) leverage resources of other agencies.
    ``(d) Emergency Response Assistance by Other Federal and State 
Agencies.--
            ``(1) In general.--The head of any other Federal or State 
        agency may assist the Administrator in emergency response 
        actions under this section, using funds available for 
        operations of the agency concerned.
            ``(2) Reimbursement.--The Administrator, subject to the 
        availability of appropriations, may reimburse a Federal or 
        State agency for assistance provided under paragraph (1).
    ``(e) Liability for Costs and Damages to Coral Reefs.--
            ``(1) Treatment of coral reefs under national marine 
        sanctuaries act.--For purposes of the provisions set forth in 
        paragraph (2), and subject to paragraph (5), each of the terms 
        `sanctuary resources', `resource', `sanctuary resource managed 
        under law or regulations for that sanctuary', `national marine 
        sanctuary', `sanctuary resources of the national marine 
        sanctuary', and `sanctuary resources of other national marine 
        sanctuaries' is deemed to include any coral reef that is 
        subject to the jurisdiction of the United States or any State, 
        without regard to whether such coral reef is located in a 
        national marine sanctuary.
            ``(2) Applicable provisions of national marine sanctuaries 
        act.--The provisions referred to in paragraph (1) are the 
        following provisions of the National Marine Sanctuaries Act:
                    ``(A) Paragraphs (6) and (7) of section 302 (16 
                U.S.C. 1432).
                    ``(B) Paragraphs (1), (2), (3), and (4) of section 
                306 (16 U.S.C. 1436).
                    ``(C) Section 307 (16 U.S.C. 1437).
                    ``(D) Section 312 (16 U.S.C. 1443).
            ``(3) Exemptions.--The destruction, loss, or injury of a 
        coral reef or any component thereof is not unlawful if it was--
                    ``(A) caused by the use of fishing gear in a manner 
                that is not prohibited under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) or other Federal or State law; or
                    ``(B) caused by an activity that is authorized by 
                Federal or State law, including any lawful discharge 
                from a vessel of graywater, cooling water, engine 
                exhaust, ballast water, or sewage from a marine 
                sanitation device, unless the destruction, loss, or 
                injury is a result of a vessel grounding, a vessel 
                scraping, anchor damage, or excavation that is not 
                authorized by a Federal or State permit;
                    ``(C) the necessary result of bona fide marine 
                scientific research (including marine scientific 
                research activities approved by Federal, State, or 
                local permits), other than--
                            ``(i) sampling or collecting; and
                            ``(ii) destruction, loss, or injury that is 
                        a result of a vessel grounding, a vessel 
                        scraping, anchor damage, or excavation that is 
                        not authorized by a Federal or State permit; or
                    ``(D)(i) caused by a Federal Government agency in--
                                    ``(I) an emergency that posed an 
                                unacceptable threat to human health or 
                                safety or to the marine environment;
                                    ``(II) an emergency that posed a 
                                threat to national security; or
                                    ``(III) an activity necessary for 
                                law enforcement purposes or search and 
                                rescue; and
                            ``(ii) could not be avoided.
            ``(4) Clarification of liability.--A person is not liable 
        under this subsection if that person establishes that--
                    ``(A) the destruction or loss of, or injury to, the 
                coral reef or coral reef ecosystem was caused solely by 
                an act of God, an act of war, or an act of omission of 
                a third party, and the person acted with due care;
                    ``(B) the destruction, loss, or injury was caused 
                by an activity authorized by Federal or State law; or
                    ``(C) the destruction, loss, or injury was 
                negligible.
            ``(5) State consent required.--
                    ``(A) In general.--This subsection shall not apply 
                to any coral reef that is subject to the jurisdiction 
                of a State unless the Governor of that State notifies 
                the Secretary that the State consents to that 
                application.
                    ``(B) Revocation of consent.--The governor of a 
                State may revoke consent under subparagraph (A) by 
                notifying the Secretary of such revocation.
            ``(6) Consistency with international laws and treaties.--
                    ``(A) In general.--Any action taken under the 
                authority of this subsection must be consistent with 
                otherwise applicable international laws and treaties.
                    ``(B) Actions authorized with respect to vessels.--
                For purposes of subparagraph (A), actions authorized 
                under this subsection include vessel removal, and 
                emergency re-stabilization of a vessel and any coral 
                reef that is impacted by a vessel.
            ``(7) Liability under other provisions.--Nothing in this 
        title shall alter the liability of any person under any other 
        provision of law.''.

SEC. 104. NATIONAL PROGRAM.

    (a) Purpose of Act.--Section 202 (16 U.S.C. 6401) is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively, and by inserting 
        after paragraph (1) the following:
            ``(2) to promote the resilience of coral reef 
        ecosystems;''.
            (2) by amending paragraph (4), as so redesignated, to read 
        as follows:
            ``(4) to develop sound scientific information on the 
        condition of coral reef ecosystems and the threats to such 
        ecosystems including large-scale threats related to climate 
        change, such as ocean acidification, to benefit local 
        communities and the Nation, and to the extent practicable to 
        support and enhance management and research capabilities at 
        local management agencies and local research and academic 
        institutions;''; and
            (3) by striking ``and'' after the semicolon at the end of 
        paragraph (6), as so redesignated, by striking the period at 
        the end of paragraph (7), as so redesignated, and inserting ``; 
        and'', and by adding at the end the following:
            ``(8) to recognize the benefits of healthy coral reefs to 
        island and coastal communities and to encourage Federal action 
        to ensure, to the maximum extent practicable, the continued 
        availability of those benefits.''.
    (b) Goals and Objectives of National Coral Reef Action Strategy.--
Section 203(b)(8) (16 U.S.C. 6402(b)(8)) is amended to read as follows:
            ``(8) conservation, including resilience and the 
        consideration of island and local traditions and practices.''.
    (c) Amendments Relating to Activities To Conserve Coral Reefs and 
Coral Reef Ecosystems.--Section 207(b) (16 U.S.C. 6406(b)) is amended--
            (1) in paragraph (3) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4)--
                    (A) by striking ``cooperative conservation'' and 
                inserting ``cooperative research, conservation,''; and
                    (B) by striking ``partners.'' and inserting 
                ``partners, including academic institutions located in 
                States;''; and
            (3) by adding at the end the following:
            ``(5) improving and promoting the resilience of coral reefs 
        and coral reef ecosystems; and
            ``(6) activities designed to minimize the likelihood of 
        vessel impacts or other physical damage to coral reefs, 
        including those areas identified in section 210(b).''.
    (d) Criteria for Approval of Project Proposals.--Section 204(g) (16 
U.S.C. 6403(g)) is further amended by striking ``or'' after the 
semicolon at the end of paragraph (10), by redesignating paragraph (11) 
as paragraph (12), and by inserting after paragraph (10) the following:
            ``(11) improving and promoting the resilience of coral 
        reefs and coral reef ecosystems; or''.
    (e) Data Archive, Access, and Availability.--Section 207 (16 U.S.C. 
6406) is amended--
            (1) in subsection (b) (as amended by subsection (b) of this 
        section) by striking ``and'' after the semicolon at the end of 
        paragraph (5), by striking the period at the end of paragraph 
        (6) and inserting ``; and'', and by adding at the end the 
        following:
            ``(7) centrally archiving, managing, and distributing data 
        sets and providing coral reef ecosystem assessments and 
        services to the general public with local, regional, or 
        international programs and partners.''; and
            (2) by adding at the end the following:
    ``(c) Data Archive, Access, and Availability.--The Secretary, in 
coordination with similar efforts at other Departments and agencies 
shall provide for the long-term stewardship of environmental data, 
products, and information via data processing, storage, and archive 
facilities pursuant to this title. The Secretary may--
            ``(1) archive environmental data collected by Federal, 
        State, local agencies and tribal organizations and federally 
        funded research;
            ``(2) promote widespread availability and dissemination of 
        environmental data and information through full and open access 
        and exchange to the greatest extent possible, including in 
        electronic format on the Internet;
            ``(3) develop standards, protocols and procedures for 
        sharing Federal data with State and local government programs 
        and the private sector or academia; and
            ``(4) develop metadata standards for coral reef ecosystems 
        in accordance with Federal Geographic Data Committee 
        guidelines.''.

SEC. 105. REPORT TO CONGRESS.

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

``SEC. 208. REPORT TO CONGRESS.

    ``Not later than March 1, 2010, and every 5 years thereafter, the 
Administrator shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Natural Resources of 
the House of Representatives a report describing all activities 
undertaken to implement the strategy, including--
            ``(1) a description of the funds obligated by each 
        participating Federal agency to advance coral reef conservation 
        during each fiscal year of the 5-fiscal-year period preceding 
        the fiscal year in which the report is submitted;
            ``(2) a description of Federal interagency and cooperative 
        efforts with States and non-governmental partner organizations 
        to prevent or address overharvesting, coastal runoff, or other 
        anthropogenic impacts on coral reef ecosystems, including 
        projects undertaken with the Department of the Interior, the 
        Department of Agriculture, the Environmental Protection Agency, 
        and the Army Corps of Engineers;
            ``(3) a summary of the information contained in the vessel 
        grounding inventory established under section 210, including 
        additional authorization or funding, needed for response and 
        removal of such vessels;
            ``(4) a description of Federal disaster response actions 
        taken pursuant to the National Response Plan to address damage 
        to coral reefs and coral reef ecosystems; and
            ``(5) an assessment of the condition of United States coral 
        reefs, accomplishments under this Act, and the effectiveness of 
        management actions to address threats to coral reefs, including 
        actions taken to address large-scale threats to coral reef 
        ecosystems related to climate change.''.

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

    (a) Fund; Grants; Grounding Inventory; Coordination.--The Act (16 
U.S.C. 6401 et seq.) is amended--
            (1) in section 205(a) (16 U.S.C. 6404(a)), by striking 
        ``organization solely'' and all that follows and inserting 
        ``organization--
            ``(1) to support partnerships between the public and 
        private sectors that further the purposes of this Act and are 
        consistent with the national coral reef strategy under section 
        203; and
            ``(2) to address emergency response actions under section 
        206.'';
            (2) by adding at the end of section 205(b) (16 U.S.C. 
        6404(b)) the following: ``The organization is encouraged to 
        solicit funding and in-kind services from the private sector, 
        including nongovernmental organizations, for emergency response 
        actions under section 206 and for activities to prevent damage 
        to coral reefs, including areas identified in section 
        210(b)(2).'';
            (3) in section 205(c) (16 U.S.C. 6404(c)), by striking 
        ``the grant program'' and inserting ``any grant program or 
        emergency response action'';
            (4) by redesignating sections 209 and 210 as sections 217 
        and 218, respectively; and
            (5) by inserting after section 208 the following:

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

    ``(a) In General.--The Administrator may make grants to entities 
that are eligible to receive grants under section 204(c) to provide 
additional funds to such entities to work with local communities and 
through appropriate Federal and State entities to prepare and implement 
plans for the increased protection of coral reef areas identified by 
the community and scientific experts as high priorities for focused 
attention. The plans shall--
            ``(1) support attainment of one or more of the criteria 
        described in section 204(g);
            ``(2) be developed at the community level;
            ``(3) utilize where applicable watershed-based or 
        ecosystem-based approaches;
            ``(4) provide for coordination with Federal and State 
        experts and managers;
            ``(5) build upon local approaches or models, including 
        traditional or island-based resource management concepts; and
            ``(6) complement local action strategies or regional plans 
        for coral reef conservation.
    ``(b) Terms and Conditions.--The provisions of subsections (b), 
(d), (f), and (h) of section 204 apply to grants under subsection (a), 
except that, for the purpose of applying section 204(b)(1) to grants 
under this section, `75 percent' shall be substituted for `50 percent'.

``SEC. 210. VESSEL GROUNDING INVENTORY.

    ``(a) In General.--The Administrator, in coordination with other 
Federal agencies, may maintain an inventory of all vessel grounding 
incidents involving coral reefs, including a description of--
            ``(1) the impacts to such resources;
            ``(2) vessel and ownership information, if available;
            ``(3) the estimated cost of removal, mitigation, or 
        restoration;
            ``(4) the response action taken by the owner, the 
        Administrator, the Commandant of the Coast Guard, or other 
        Federal or State agency representatives;
            ``(5) the status of the response action, including the 
        dates of vessel removal and mitigation or restoration and any 
        actions taken to prevent future grounding incidents; and
            ``(6) recommendations for additional navigational aids or 
        other mechanisms for preventing future grounding incidents.
    ``(b) Identification of At-risk Reefs.--The Administrator may--
            ``(1) use information from any inventory maintained under 
        subsection (a) or any other available information source to 
        identify all coral reef areas that have a high incidence of 
        vessel impacts, including groundings and anchor damage;
            ``(2) identify appropriate measures, including action by 
        other agencies, to reduce the likelihood of such impacts; and
            ``(3) develop a strategy and timetable to implement such 
        measures, including cooperative actions with other Government 
        agencies and non-governmental partners.

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

    ``(a) Regional Coordination.--The Secretary and other Federal 
members of the United States Coral Reef Task Force shall work in 
coordination and collaboration with other Federal agencies and States 
to implement the strategies developed under section 203, including 
regional and local strategies, to address multiple threats to coral 
reefs and coral reef ecosystems such as coastal runoff, vessel impacts, 
and overharvesting.
    ``(b) Response and Restoration Activities.--The Secretary shall 
enter into written agreements with any States in which coral reefs are 
located regarding the manner in which response and restoration 
activities will be conducted within the affected State's waters. 
Nothing in this subsection shall be construed to limit Federal response 
and restoration activity authority before any such agreement is final.
    ``(c) Cooperative Enforcement Agreements.--All cooperative 
enforcement agreements in place between the Secretary and States 
affected by this title shall be updated to include enforcement of this 
title where appropriate.

``SEC. 212. AGREEMENTS.

    ``(a) In General.--The Administrator may execute and perform such 
contracts, leases, grants, or cooperative agreements as may be 
necessary to carry out the purposes of this title.
    ``(b) Cooperative Agreements.--In addition to the general authority 
provided by subsection (a), the Administrator may enter into, extend, 
or renegotiate agreements with universities and research centers with 
established management-driven national or regional coral reef research 
institutes to conduct ecological research and monitoring explicitly 
aimed at building capacity for more effective resource management. 
Pursuant to any such agreements these institutes shall--
            ``(1) collaborate directly with governmental resource 
        management agencies, non-profit organizations, and other 
        research organizations;
            ``(2) build capacity within resource management agencies to 
        establish research priorities, plan interdisciplinary research 
        projects and make effective use of research results; and
            ``(3) conduct public education and awareness programs for 
        policy makers, resource managers, and the general public on 
        coral reef ecosystems, best practices for coral reef and 
        ecosystem management and conservation, their value, and threats 
        to their sustainability.
    ``(c) Use of Other Agencies' Resources.--For purposes related to 
the conservation, preservation, protection, restoration, or replacement 
of coral reefs or coral reef ecosystems and the enforcement of this 
title, the Administrator is authorized to use, with their consent and 
with or without reimbursement, the land, services, equipment, 
personnel, and facilities of any Department, agency, or instrumentality 
of the United States, or of any State, local government, or Indian 
tribal government, or of any political subdivision thereof, or of any 
foreign government or international organization.

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

    ``(a) International Coral Reef Ecosystem Strategy.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Coral Reef Conservation Act Reauthorization 
        and Enhancement Amendments of 2009, the Secretary shall submit 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Natural Resources, and publish in the Federal Register, an 
        international coral reef ecosystem strategy, consistent with 
        the purposes of this title and the national strategy required 
        pursuant to section 203(a). The Secretary shall periodically 
        review and revise this strategy as necessary.
            ``(2) Contents.--The strategy developed by the Secretary 
        under paragraph (1) shall--
                    ``(A) identify coral reef ecosystems throughout the 
                world that are of high value for United States marine 
                resources, that support high-seas resources of 
                importance to the United States such as fisheries, or 
                that support other interests of the United States;
                    ``(B) summarize existing activities by Federal 
                agencies and entities described in subsection (b) to 
                address the conservation of coral reef ecosystems 
                identified pursuant to subparagraph (A);
                    ``(C) establish goals, objectives, and specific 
                targets for conservation of priority international 
                coral reef ecosystems;
                    ``(D) describe appropriate activities to achieve 
                the goals and targets for international coral reef 
                conservation, in particular those that leverage 
                activities already conducted under this title;
                    ``(E) develop a plan to coordinate implementation 
                of the strategy with entities described in subsection 
                (b) in order to leverage current activities under this 
                title and other conservation efforts globally;
                    ``(F) identify appropriate partnerships, grants, or 
                other funding and technical assistance mechanisms to 
                carry out the strategy; and
                    ``(G) develop criteria for prioritizing 
                partnerships under subsection (c).
    ``(b) Coordination.--In carrying out this section, the Secretary 
shall consult with the Secretary of State, the Administrator of the 
Agency for International Development, the Secretary of the Interior, 
and other relevant Federal agencies, and relevant United States 
stakeholders, and shall take into account coral reef ecosystem 
conservation initiatives of other nations, international agreements, 
and intergovernmental and nongovernmental organizations so as to 
provide effective cooperation and efficiencies in international coral 
reef conservation. The Secretary may consult with the United States 
Coral Reef Task Force in carrying out this subsection.
    ``(c) International Coral Reef Ecosystem Partnerships.--
            ``(1) In general.--The Secretary may establish an 
        international coral reef ecosystem partnership program to 
        provide support, including funding and technical assistance, 
        for activities that implement the strategy developed pursuant 
        to subsection (a).
            ``(2) Mechanisms.--The Secretary shall provide such support 
        through existing authorities, working in collaboration with the 
        entities described in subsection (b).
            ``(3) Criteria for approval.--The Secretary may not approve 
        a partnership proposal under this section unless the 
        partnership is consistent with the international coral reef 
        conservation strategy developed pursuant to subsection (a), and 
        meets the criteria specified in that strategy.
    ``(d) Priority for Certain Projects Conducted by States.--In 
implementing this section, the Secretary shall give priority 
consideration to regional initiatives and projects that States are 
participating in with other nations.

``SEC. 214. PERMITS.

    ``(a) In General.--The Administrator may, in accordance with this 
section and regulations issued under this title, issue a permit 
authorizing the conduct of bona fide research.
    ``(b) Exempt Activities.--No permit under this section is required 
for an activity that is exempt from liability under section 206(e).
    ``(c) Terms and Conditions.--The Administrator may place any terms 
and conditions on a permit issued under this section that the 
Administrator deems reasonable.
    ``(d) Fees.--
            ``(1) Assessment and collection.--Subject to regulations 
        issued under this title, the Administrator may assess and 
        collect fees as specified in this subsection.
            ``(2) Amount.--Any fee assessed shall be equal to the sum 
        of--
                    ``(A) all costs incurred, or expected to be 
                incurred, by the Administrator in processing the permit 
                application, including indirect costs; and
                    ``(B) if the permit is approved, all costs 
                incurred, or expected to be incurred, by the 
                Administrator as a direct result of the conduct of the 
                activity for which the permit is issued.
            ``(3) Use of fees.--Amounts collected by the Administrator 
        in the form of fees under this section shall be collected and 
        available for use only to the extent provided in advance in 
        appropriations acts and may be used by the Administrator for 
        issuing and administering permits under this section.
            ``(4) Waiver or reduction of fees.--For any fee assessed 
        under paragraph (2) of this subsection, the Administrator may--
                    ``(A) accept in-kind contributions in lieu of a 
                fee; or
                    ``(B) waive or reduce the fee.
    ``(e) Fishing.--Nothing in this section shall be considered to 
require a person to obtain a permit under this section for the conduct 
of any fishing activity that is not prohibited by this title or 
regulations issued under this title.

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

    ``(a) Regulations.--The Administrator may issue such regulations as 
are necessary and appropriate to carry out the purposes of sections 206 
and 214.
    ``(b) Relationship to International Law.--This title and any 
regulations promulgated under this title shall be applied in accordance 
with international law. No restrictions shall apply to or be enforced 
against a person who is not a citizen, national, or resident alien of 
the United States (including foreign flag vessels) unless in accordance 
with international law.

``SEC. 216. JUDICIAL REVIEW.

    ``(a) In General.--Judicial review of any action taken by the 
Secretary under this title shall be in accordance with sections 701 
through 706 of title 5, United States Code, except that--
            ``(1) review of any final agency action of the Secretary 
        taken under the authority of section 206(e) may be had only by 
        the filing of a complaint by an interested person in the United 
        States District Court for the appropriate district within 30 
        days after the date such final agency action is taken; and
            ``(2) review of the issuance or denial of a permit under 
        this title may be had only by the filing of a petition for 
        review by an interested person in the Circuit Court of Appeals 
        of the United States for the District of Columbia Circuit or 
        for the Federal judicial district in which such person resides 
        or transacts business which is directly affected by the action 
        taken within 120 days after the date such final agency action 
        is taken.
    ``(b) Cost of Litigation.--In any judicial proceeding under 
subsection (a), the court may award costs of litigation (including 
reasonable attorney and expert witness fees) to any prevailing party 
whenever it determines that such award is appropriate.''.
    (b) Cooperative Agreements.--Section 204 (16 U.S.C. 6403) is 
amended by adding at the end the following:
    ``(k) Multiyear Cooperative Agreements.--The Administrator may 
enter into multiyear cooperative agreements with the heads of other 
Federal agencies, States, local governments, academic institutions, and 
non-governmental organizations to carry out the activities of the 
national coral reef action strategy developed under section 203 and to 
implement regional strategies developed pursuant to section 211.''.

SEC. 107. CLARIFICATION OF DEFINITIONS.

    Section 218, as redesignated by section 106(a) of this Act 
(relating to definitions; 16 U.S.C. 6409), is further amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Conservation.--The term `conservation' means the use 
        of methods and procedures that are necessary to preserve or 
        sustain coral reefs and associated species as resilient 
        diverse, viable, and self-perpetuating coral reef ecosystems, 
        including--
                    ``(A) all activities associated with resource 
                management, such as assessment, conservation, 
                protection, restoration, sustainable use, and 
                management of habitat;
                    ``(B) mapping;
                    ``(C) monitoring of coral reef ecosystems;
                    ``(D) development and implementation of management 
                strategies for marine protected area or networks 
                thereof and marine resources consistent with the 
                National Marine Sanctuaries Act (16 U.S.C. 1431 et 
                seq.) and the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.);
                    ``(E) law enforcement;
                    ``(F) conflict resolution initiatives;
                    ``(G) community outreach and education; and
                    ``(H) activities that promote safe and ecologically 
                sound navigation.'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Coral.--The term `coral' means species of the phylum 
        Cnidaria, including--
                    ``(A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Gorgonacea (horny 
                corals), Stolonifera (organ-pipe corals and others), 
                Alcyonacea (soft corals), and Helioporacea (blue 
                coral), of the class Anthozoa; and
                    ``(B) all species of the families Milleporidae 
                (fire corals) and Stylasteridae (stylasterid 
                hydrocorals), of the class Hydrozoa.'';
            (3) by amending paragraph (4) to read as follows:
            ``(4) Coral reef.--The term `coral reef' means a limestone 
        structure composed in whole or in part of living zooxanthellate 
        stony corals (Class Anthozoa, Order Scleractinia), their 
        skeletal remains, or both.'';
            (4) by amending paragraph (5) to read as follows:
            ``(5) Coral reef ecosystem.--The term `coral reef 
        ecosystem' means a system of coral reefs and geographically 
        associated species, habitats, and environment, including 
        mangroves and seagrass habitats, and the processes that control 
        its dynamics.''; and
            (5) by redesignating paragraphs (7) and (8) in order as 
        paragraphs (8) and (9), respectively, and by inserting after 
        paragraph (6) the following:
            ``(7) Coral reef component.--The term `coral reef 
        component' means any part of a coral reef, including individual 
        living or dead corals, associated sessile invertebrates and 
        plants, and any adjacent or associated seagrasses.''.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    Section 217, as redesignated by section 106(a) of this Act 
(relating to authorization of appropriations; 16 U.S.C. 6408), is 
further amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary of Commerce to carry out this title $30,000,000 for fiscal 
year 2010, $32,000,000 for fiscal year 2011, $34,000,000 for fiscal 
year 2012, and $35,000,000 for fiscal years 2013 and 2014.'';
            (2) in subsection (b) by striking ``$1,000,000'' and 
        inserting ``$2,000,000'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Community-Based Planning Grants.--There is authorized to be 
appropriated to the Administrator to carry out section 209, $8,000,000 
for fiscal years 2010 through 2014, to remain available until 
expended.''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Department of the Interior.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this title 
$10,000,000 for each of fiscal years 2009 through 2013.''.

             TITLE II--UNITED STATES CORAL REEF TASK FORCE

SEC. 201. UNITED STATES CORAL REEF TASK FORCE.

    (a) Establishment.--There is hereby established the United States 
Coral Reef Task Force.
    (b) Goal.--The goal of the Task Force shall be to lead, coordinate, 
and strengthen Federal Government actions to better preserve and 
protect coral reef ecosystems.
    (c) Duties.--The duties of the Task Force shall be--
            (1) to coordinate, in cooperation with State and local 
        government partners, academic partners, and nongovernmental 
        partners if appropriate, activities regarding the mapping, 
        monitoring, research, conservation, mitigation, restoration of 
        coral reefs and coral reef ecosystems;
            (2) to monitor and advise regarding implementation of the 
        policy and Federal agency responsibilities set forth in 
        Executive Order 13089 and the national coral reef action 
        strategy developed under section 203 of the Coral Reef 
        Conservation Act of 2000, as amended by this Act; and
            (3) to work with the Secretary of State and the 
        Administrator of the Agency for International Development, and 
        in coordination with the other members of the Task Force, to--
                    (A) assess the United States role in international 
                trade and protection of coral species; and
                    (B) encourage implementation of appropriate 
                strategies and actions to promote conservation and 
                sustainable use of coral reef resources worldwide.
    (d) Membership, Generally.--The Task Force shall be comprised of--
            (1) the Secretary of Commerce, acting through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and the Secretary of the Interior, who shall be 
        co-chairs of the Task Force;
            (2) the Administrator of the Agency of International 
        Development;
            (3) the Secretary of Agriculture;
            (4) the Secretary of Defense;
            (5) the Secretary of the Army, acting through the Corps of 
        Engineers;
            (6) the Secretary of Homeland Security;
            (7) the Attorney General;
            (8) the Secretary of State;
            (9) the Secretary of Transportation;
            (10) the Administrator of the Environmental Protection 
        Agency;
            (11) the Administrator of the National Aeronautics and 
        Space Administration;
            (12) the Director of the National Science Foundation;
            (13) the Governor, or a representative of the Governor, of 
        the Commonwealth of the Northern Mariana Islands;
            (14) the Governor, or a representative of the Governor, of 
        the Commonwealth of Puerto Rico;
            (15) the Governor, or a representative of the Governor, of 
        the State of Florida;
            (16) the Governor, or a representative of the Governor, of 
        the State of Hawaii;
            (17) the Governor, or a representative of the Governor, of 
        the Territory of Guam;
            (18) the Governor, or a representative of the Governor, of 
        the Territory of American Samoa; and
            (19) the Governor, or a representative of the Governor, of 
        the Virgin Islands.
    (e) Nonvoting Members.--The President, or a representative of the 
President, of each of the Freely Associated States of the Federated 
States of Micronesia, the Republic of the Marshall Islands, and the 
Republic of Palau may appoint a nonvoting member of the Task Force.
    (f) Responsibilities of Federal Agency Members.--
            (1) In general.--The Federal agency members of the Task 
        Force shall--
                    (A) identify the actions of their agencies that may 
                affect coral reef ecosystems;
                    (B) utilize the programs and authorities of their 
                agencies to protect and enhance the conditions of such 
                ecosystems; and
                    (C) assist in the implementation of the National 
                Action Plan to Conserve Coral Reefs, the national coral 
                reef action strategy developed under section 203 of the 
                Coral Reef Conservation Act of 2000, as amended by this 
                Act, the local action strategies, and any other 
                coordinated efforts approved by the Task Force.
            (2) Co-chairs.--In addition to their responsibilities under 
        paragraph (1), the co-chairs of the Task Force shall administer 
        performance of the functions of the Task Force and facilitate 
        the coordination of the Federal agency members of the Task 
        Force.
    (g) Working Groups.--
            (1) In general.--The co-chairs of the Task Force may 
        establish working groups as necessary to meet the goals and 
        duties of this title. The Task Force may request the co-chairs 
        to establish such a working group.
            (2) Participation by nongovernmental organizations.--The 
        co-chairs may allow a nongovernmental organization or academic 
        institution to participate in such a working group.
    (h) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Task Force.
    (i) Definitions.--The definitions in section 218 of the Coral Reef 
Conservation Act of 2000, as amended by this Act , shall apply to this 
section.

      TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

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

    (a) Amendments and Clarifications to Definitions.--
            (1) Fish and wildlife coordination act.--Section 8 of the 
        Fish and Wildlife Coordination Act (16 U.S.C. 666b) is amended 
        by inserting before the period at the end the following: ``, 
        including coral reef ecosystems (as such term is defined in 
        section 218 of the Coral Reef Conservation Act of 2000) located 
        in any unit of the National Park System, any unit of the 
        National Wildlife Refuge System, or any Marine National 
        Monument designated under the Act of June 8, 1906 (34 Stat. 
        225; 16 U.S.C. 431) (popularly known as the `Antiquities 
        Act')''.
            (2) Fish and wildlife act of 1956 and fish and wildlife 
        improvement act of 1978.--With respect to the authorities under 
        the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and 
        the authorities under the Fish and Wildlife Improvement Act of 
        1978 (16 U.S.C. 742l), references in such Acts to ``wildlife'' 
        and ``fish and wildlife'' shall be construed to include coral 
        reef ecosystems (as such term is defined in section 218 of the 
        Coral Reef Conservation Act of 2000, as amended by this Act) 
        located in any unit of the National Park System, any unit of 
        the National Wildlife Refuge System, or any Marine National 
        Monument designated under the Act of June 8, 1906 (34 Stat. 
        225; 16 U.S.C. 431) (popularly known as the ``Antiquities 
        Act'').
    (b) Coral Reef Conservation Assistance.--
            (1) In general.--The Secretary of the Interior may provide 
        technical assistance and, subject to the availability of 
        appropriations, financial assistance for the conservation of 
        coral reefs.
            (2) Definitions.--In this subsection each of the terms 
        ``conservation'' and ``coral reef'' has the meaning that term 
        has under section 218 of the Coral Reef Conservation Act of 
        2000 (16 U.S.C. 6409), amended by this Act.

SEC. 302. CLARIFICATION OF DEFINITIONS.

    Section 218, as redesignated by section 106(a) of this Act 
(relating to definitions; 16 U.S.C. 6409), is further amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Administrator.--The term `Administrator'--
                    ``(A) except as provided in subparagraph (B), means 
                the Administrator of the National Oceanic and 
                Atmospheric Administration; and
                    ``(B) in sections 206, 209, 212, 214, and 215, 
                means the Secretary of the Interior for purposes of 
                application of those sections to national park units 
                and national wildlife refuges.''; and
            (2) by amending paragraph (8), as redesignated by section 
        107(5) of this Act, to read as follows:
            ``(8) Secretary.--The term `Secretary'--
                    ``(A) except as provided in subparagraphs (B) and 
                (C), means the Secretary of Commerce;
                    ``(B) in section 206(e), means--
                            ``(i) the Secretary of the Interior, with 
                        respect to any coral reef or component thereof 
                        that is located in--
                                    ``(I) any unit of the National Park 
                                System;
                                    ``(II) any unit of the National 
                                Wildlife Refuge System; or
                                    ``(III) any Marine National 
                                Monument designated under any of the 
                                Fish and Wildlife Coordination Act (16 
                                U.S.C. 661 et seq.), the Fish and 
                                Wildlife Act of 1956 (16 U.S.C. 742a et 
                                seq.), the Fish and Wildlife 
                                Improvement Act of 1978 (16 U.S.C. 
                                695j-1 et seq.) and the provisions of 
                                law enacted by that Act, and the Act of 
                                June 8, 1906 (34 Stat. 225; 16 U.S.C. 
                                431) (popularly known as the 
                                `Antiquities Act') and that is under 
                                the administrative jurisdiction of the 
                                Secretary of the Interior; and
                            ``(ii) the Secretary of Commerce, with 
                        respect to any other coral reef or component 
                        thereof that is located in any Marine National 
                        Monument designated under a law referred to in 
                        clause (i)(III); and
                    ``(C) in sections 203, means the Secretary of 
                Commerce and the Secretary of the Interior.''.
                                                 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 Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```