I 

111TH CONGRESS 

1ST SESSION H. R. 860 

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 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Coral Reef Conservation Act Reauthorization and En6 hancement Amendments of 2009’’. 

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

8 this Act is as follows: 


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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. 

1 SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT 

2 OF 2000. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

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

7 section or other provision of the Coral Reef Conservation 

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

9 TITLE I—AMENDMENTS TO THE 

10 CORAL REEF CONSERVATION 

11 ACT 

12 SEC. 101. SHORT TITLE. 

13 This title may be cited as the ‘‘Coral Reef Conserva14 tion Amendments Act of 2009’’. 


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1 SEC. 102. EXPANSION OF CORAL REEF CONSERVATION 

2 PROGRAM. 

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

4 U.S.C. 6403(d)) is amended— 

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

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

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

8 following: 

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

10 ‘‘(A) projects (with priority given to com11 munity-based local action strategies) that ad12 dress emerging priorities or threats, including 

13 international and territorial priorities, or 

14 threats identified by the Administrator in con15 sultation with the United States Coral Reef 

16 Task Force; and 

17 ‘‘(B) other appropriate projects, as deter18 mined by the Administrator, including moni19 toring and assessment, research, pollution re20 duction, education, and technical support.’’. 

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

22 U.S.C. 6403(g)) is amended— 

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

24 paragraph (9); 

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


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1 (3) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) promoting activities designed to minimize 

4 the likelihood of vessel impacts on coral reefs, par5 ticularly those areas identified under section 210(b), 

6 including the promotion of ecologically sound naviga7 tion and anchorages near coral reefs; or 

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

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

12 initiatives for the protection of coral reef eco13 systems.’’. 

14 SEC. 103. EMERGENCY RESPONSE. 

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

16 follows: 

17 ‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 

18 ‘‘(a) IN GENERAL.—The Administrator may under19 take or authorize action necessary— 

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

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

22 coral reef, from— 

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

24 vessel anchors, and anchor chains; and 


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

2 circumstances as a result of human activities; 

3 and 

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

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

6 incurred the loss of an ecosystem function, as de7 scribed in paragraph (1). 

8 ‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action au9 thorized by subsection (a) includes vessel removal and 

10 emergency stabilization of the vessel or any impacted coral 

11 reef. 

12 ‘‘(c) PARTNERING WITH OTHER FEDERAL AGEN13 CIES.—When possible, action by the Administrator under 

14 this section should— 

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

16 government agencies as appropriate, including— 

17 ‘‘(A) the Coast Guard, the Federal Emer18 gency Management Agency, the Army Corps of 

19 Engineers, and the Department of the Interior; 

20 and 

21 ‘‘(B) agencies of States; and 

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

23 ‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER

24 FEDERAL AGENCIES.— 


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1 ‘‘(1) IN GENERAL.—The head of any other Fed2 eral agency may assist the Administrator in emer3 gency response actions under this section, using 

4 funds available for operations of the agency con5 cerned. 

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

7 subject to the availability of appropriations, may re8 imburse a Federal agency for assistance provided 

9 under paragraph (1). 

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

11 REEFS.— 

12 ‘‘(1) TREATMENT OF CORAL REEFS UNDER NA13 TIONAL MARINE SANCTUARIES ACT.—For purposes 

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

15 subject to paragraph (3), each of the terms ‘sanc16 tuary resources’, ‘resource’, ‘sanctuary resource 

17 managed under law or regulations for that sanc18 tuary’, ‘national marine sanctuary’, ‘sanctuary re19 sources of the national marine sanctuary’, and ‘sanc20 tuary resources of other national marine sanctuaries’ 

21 is deemed to include any coral reef that is subject 

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

23 without regard to whether such coral reef is located 

24 in a national marine sanctuary. 


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1 ‘‘(2) APPLICABLE PROVISIONS OF NATIONAL

2 MARINE SANCTUARIES ACT.—The provisions referred 

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

4 the National Marine Sanctuaries Act: 

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

6 302 (16 U.S.C. 1432). 

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

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

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

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

11 ‘‘(3) STATE CONSENT REQUIRED.— 

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

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

14 jurisdiction of a State unless the Governor of 

15 that State notifies the Secretary that the State 

16 consents to that application. 

17 ‘‘(B) REVOCATION OF CONSENT.—The 

18 governor of a State may revoke consent under 

19 subparagraph (A) by notifying the Secretary of 

20 such revocation. 

21 ‘‘(4) CONSISTENCY WITH INTERNATIONAL LAWS

22 AND TREATIES.—Any action taken under the au23 thority of this subsection must be consistent with 

24 otherwise applicable international laws and treaties. 


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1 ‘‘(5) ACTIONS AUTHORIZED WITH RESPECT TO

2 VESSELS.—Actions authorized under this subsection 

3 include vessel removal, and emergency re-stabiliza4 tion of a vessel and any coral reef that is impacted 

5 by a vessel.’’. 

6 SEC. 104. NATIONAL PROGRAM. 

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

8 6401) is amended— 

9 (1) by redesignating paragraphs (2) through 

10 (5) as paragraphs (3) through (6), respectively, and 

11 by inserting after paragraph (1) the following: 

12 ‘‘(2) to promote the resilience of coral reef eco13 systems;’’. 

14 (2) by amending paragraph (4), as so redesig15 nated, to read as follows: 

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

17 the condition of coral reef ecosystems and the 

18 threats to such ecosystems including large-scale 

19 threats related to climate change, to benefit local 

20 communities and the Nation, and to the extent prac21 ticable support and enhance coral reef research ca22 pabilities at local academic institutions;’’; and 

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

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

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1 ignated, and inserting ‘‘; and’’, and by adding at the 

2 end the following: 

3 ‘‘(7) to recognize the benefits of healthy coral 

4 reefs to island and coastal communities and to en5 courage Federal action to ensure, to the maximum 

6 extent practicable, the continued availability of those 

7 benefits.’’. 

8 (b) GOALS AND OBJECTIVES OF NATIONAL CORAL

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

10 6402(b)(8)) is amended to read as follows: 

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

12 consideration of island and local traditions and prac13 tices.’’. 

14 (c) AMENDMENTS RELATING TO ACTIVITIES TO

15 CONSERVE CORAL REEFS AND CORAL REEF ECO16 SYSTEMS.—Section 207(b) (16 U.S.C. 6406(b)) is amend17 ed— 

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

19 the semicolon; 

20 (2) in paragraph (4)— 

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

22 and inserting ‘‘cooperative research, conserva23 tion,’’; and 


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

2 ‘‘partners, including academic institutions lo3 cated in States;’’; and 

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

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

6 coral reefs and coral reef ecosystems; and 

7 ‘‘(6) activities designed to minimize the likeli8 hood of vessel impacts or other physical damage to 

9 coral reefs, including those areas identified in sec10 tion 210(b).’’. 

11 (d) CRITERIA FOR APPROVAL OF PROJECT PRO12 POSALS.—Section 204(g) (16 U.S.C. 6403(g)) is further 

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

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

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

16 following: 

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

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

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

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

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

22 (b) of this section) by striking ‘‘and’’ after the semi23 colon at the end of paragraph (5), by striking the 

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

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


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1 ‘‘(7) centrally archiving, managing, and distrib2 uting data sets and providing coral reef ecosystem 

3 assessments and services to the general public with 

4 local, regional, or international programs and part5 ners.’’; and 

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

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

8 The Secretary, in coordination with similar efforts at other 

9 Departments and agencies shall provide for the long-term 

10 stewardship of environmental data, products, and informa11 tion via data processing, storage, and archive facilities 

12 pursuant to this title. The Secretary may— 

13 ‘‘(1) archive environmental data collected by 

14 Federal, State, local agencies and tribal organiza15 tions and federally funded research; 

16 ‘‘(2) promote widespread availability and dis17 semination of environmental data and information 

18 through full and open access and exchange to the 

19 greatest extent possible, including in electronic for20 mat on the Internet; 

21 ‘‘(3) develop standards, protocols and proce22 dures for sharing Federal data with State and local 

23 government programs and the private sector or aca24 demia; and 


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

2 ecosystems in accordance with Federal Geographic 

3 Data Committee guidelines.’’. 

4 SEC. 105. REPORT TO CONGRESS. 

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

6 follows: 

7 ‘‘SEC. 208. REPORT TO CONGRESS. 

8 ‘‘Not later than March 1, 2010, and every 3 years 

9 thereafter, the Administrator shall submit to the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate and the Committee on Natural Resources of the 

12 House of Representatives a report describing all activities 

13 undertaken to implement the strategy, including— 

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

15 each participating Federal agency to advance coral 

16 reef conservation during each of the 3 fiscal years 

17 next preceding the fiscal year in which the report is 

18 submitted; 

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

20 cooperative efforts with States and non-govern21 mental partner organizations to prevent or address 

22 overharvesting, coastal runoff, or other anthropo23 genic impacts on coral reef ecosystems, including 

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1 mental Protection Agency, and the Army Corps of 

2 Engineers; 

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

4 the vessel grounding inventory established under sec5 tion 210, including additional authorization or fund6 ing, needed for response and removal of such vessels; 

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

8 actions taken pursuant to the National Response 

9 Plan to address damage to coral reefs and coral reef 

10 ecosystems; and 

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

12 States coral reefs, accomplishments under this Act, 

13 and the effectiveness of management actions to ad14 dress threats to coral reefs, including actions taken 

15 to address large-scale threats to coral reef eco16 systems related to climate change.’’. 

17 SEC. 106. FUND; GRANTS; GROUNDING INVENTORY; CO18 ORDINATION. 

19 (a) FUND; GRANTS; GROUNDING INVENTORY; CO20 ORDINATION.—The Act (16 U.S.C. 6401 et seq.) is 

21 amended— 

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

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

24 and inserting ‘‘organization— 


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

2 and private sectors that further the purposes of this 

3 Act and are consistent with the national coral reef 

4 strategy under section 203; and 

5 ‘‘(2) to address emergency response actions 

6 under section 206.’’; 

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

8 U.S.C. 6404(b)) ‘‘The organization is encouraged to 

9 solicit funding and in-kind services from the private 

10 sector, including nongovernmental organizations, for 

11 emergency response actions under section 206 and 

12 for activities to prevent damage to coral reefs, in13 cluding areas identified in section 210(b)(2).’’; 

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

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

16 grant program or emergency response action’’; 

17 (4) by redesignating sections 209 and 210 as 

18 sections 217 and 218, respectively; and 

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

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

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

22 grants to entities that are eligible to receive grants under 

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

24 to work with local communities and through appropriate 

25 Federal and State entities to prepare and implement plans 


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1 for the increased protection of coral reef areas identified 

2 by the community and scientific experts as high priorities 

3 for focused attention. The plans shall— 

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

5 criteria described in section 204(g); 

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

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

8 ecosystem-based approaches; 

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

10 State experts and managers; 

11 ‘‘(5) build upon local approaches or models, in12 cluding traditional or island-based resource manage13 ment concepts; and 

14 ‘‘(6) complement local action strategies or re15 gional plans for coral reef conservation. 

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

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

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

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

20 ‘75 percent’ shall be substituted for ‘50 percent’. 

21 ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

22 ‘‘(a) IN GENERAL.—The Administrator, in coordina23 tion with other Federal agencies, may maintain an inven24 tory of all vessel grounding incidents involving coral reefs, 

25 including a description of— 


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

2 ‘‘(2) vessel and ownership information, if avail3 able; 

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

5 or restoration; 

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

7 the Administrator, the Commandant of the Coast 

8 Guard, or other Federal or State agency representa9 tives; 

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

11 the dates of vessel removal and mitigation or res12 toration and any actions taken to prevent future 

13 grounding incidents; and 

14 ‘‘(6) recommendations for additional naviga15 tional aids or other mechanisms for preventing fu16 ture grounding incidents. 

17 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad18 ministrator may— 

19 ‘‘(1) use information from any inventory main20 tained under subsection (a) or any other available 

21 information source to identify all coral reef areas 

22 that have a high incidence of vessel impacts, includ23 ing groundings and anchor damage; 


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1 ‘‘(2) identify appropriate measures, including 

2 action by other agencies, to reduce the likelihood of 

3 such impacts; and 

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

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

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

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

11 other Federal members of the United States Coral Reef 

12 Task Force shall work in coordination and collaboration 

13 with other Federal agencies and States to implement the 

14 strategies developed under section 203, including regional 

15 and local strategies, to address multiple threats to coral 

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

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

19 The Secretary shall enter into written agreements with 

20 any States in which coral reefs are located regarding the 

21 manner in which response and restoration activities will 

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

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

25 agreement is final. 


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1 ‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

2 All cooperative enforcement agreements in place between 

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

6 ‘‘SEC. 212. AGREEMENTS. 

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

8 perform such contracts, leases, grants, or cooperative 

9 agreements as may be necessary to carry out the purposes 

10 of this title. 

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

12 the general authority provided by subsection (a), the Sec13 retary may enter into, extend, or renegotiate agreements 

14 with universities and research centers with established 

15 management-driven national or regional coral reef re16 search institutes to conduct ecological research and moni17 toring explicitly aimed at building capacity for more effec18 tive resource management. Pursuant to any such agree19 ments these institutes shall— 

20 ‘‘(1) collaborate directly with governmental re21 source management agencies, non-profit organiza22 tions, and other research organizations; 

23 ‘‘(2) build capacity within resource management 

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1 disciplinary research projects and make effective use 

2 of research results; and 

3 ‘‘(3) conduct public education and awareness 

4 programs for policy makers, resource managers, and 

5 the general public on coral reef ecosystems, best 

6 practices for coral reef and ecosystem management 

7 and conservation, their value, and threats to their 

8 sustainability. 

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

10 purposes related to the conservation, preservation, protec11 tion, restoration, or replacement of coral reefs or coral reef 

12 ecosystems and the enforcement of this title, the Secretary 

13 is authorized to use, with their consent and with or with14 out reimbursement, the land, services, equipment, per15 sonnel, and facilities of any Department, agency, or in16 strumentality of the United States, or of any State, local 

17 government, or Indian tribal government, or of any polit18 ical subdivision thereof, or of any foreign government or 

19 international organization. 

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

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

22 Secretary may apply for, accept, and obligate re23 search grant funding from any Federal source oper24 ating competitive grant programs where such fund25 ing furthers the purpose of this title. 


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

2 or obligate any grant funding under paragraph (1) 

3 for which the granting agency lacks authority to 

4 grant funds to Federal agencies, or for any purpose 

5 or subject to conditions that are prohibited by law 

6 or regulation. 

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

8 a requirement to match grant funds with recipient 

9 agency funds, except that no grant may be accepted 

10 that requires a commitment in advance of appropria11 tions. 

12 ‘‘(4) Funds received from grants shall be depos13 ited in the National Oceanic and Atmospheric Ad14 ministration account for the purpose for which the 

15 grant was awarded. 

16 ‘‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION 

17 PROGRAM. 

18 ‘‘(a) ESTABLISHMENT OF THE PROGRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish an International Coral Reef Conservation Pro21 gram to carry out activities consistent with the pur22 poses of this title with respect to coral reef eco23 systems in waters outside United States jurisdiction. 

24 The Program shall consist of the development and 

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1 system strategy pursuant to subsection (b), and an 

2 international coral reef ecosystem partnership pro3 gram pursuant to subsection (c). 

4 ‘‘(2) COORDINATION.—In carrying out this sub5 section, the Secretary shall consult with the Sec6 retary of State, the Administrator of the Agency for 

7 International Development, the Secretary of the In8 terior, and other relevant Federal agencies, and rel9 evant United States stakeholders, and shall take into 

10 account coral reef ecosystem conservation initiatives 

11 of other nations, international agreements, and 

12 intergovernmental and nongovernmental organiza13 tions so as to provide effective cooperation and effi14 ciencies in international coral reef conservation. The 

15 Secretary may consult with the United States Coral 

16 Reef Task Force in carrying out this subsection. 

17 ‘‘(b) INTERNATIONAL CORAL REEF ECOSYSTEM

18 STRATEGY.— 

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

20 the date of enactment of the Coral Reef Conserva21 tion Act Reauthorization and Enhancement Amend22 ments of 2009, the Secretary shall submit to the 

23 Senate Committee on Commerce, Science, and 

24 Transportation and the House of Representatives 

25 Committee on Natural Resources, and publish in the 


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1 Federal Register, an international coral reef eco2 system strategy, consistent with the purposes of this 

3 title and the national strategy required pursuant to 

4 section 203(a). The Secretary shall periodically re5 view and revise this strategy as necessary. 

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

7 the Secretary under paragraph (1) shall— 

8 ‘‘(A) identify coral reef ecosystems 

9 throughout the world that are of high value for 

10 United States marine resources, that support 

11 high-seas resources of importance to the United 

12 States such as fisheries, or that support other 

13 interests of the United States; 

14 ‘‘(B) summarize existing activities by Fed15 eral agencies and entities described in sub16 section (a)(2) to address the conservation of 

17 coral reef ecosystems identified pursuant to 

18 subparagraph (A); 

19 ‘‘(C) establish goals, objectives, and spe20 cific targets for conservation of priority inter21 national coral reef ecosystems; 

22 ‘‘(D) describe appropriate activities to 

23 achieve the goals and targets for international 

24 coral reef conservation, in particular those that 


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1 leverage activities already conducted under this 

2 title; 

3 ‘‘(E) develop a plan to coordinate imple4 mentation of the strategy with entities de5 scribed in subsection (a)(2) in order to leverage 

6 current activities under this title and other con7 servation efforts globally; 

8 ‘‘(F) identify appropriate partnerships, 

9 grants, or other funding and technical assist10 ance mechanisms to carry out the strategy; and 

11 ‘‘(G) develop criteria for prioritizing part12 nerships under subsection (c). 

13 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM

14 PARTNERSHIPS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish an international coral reef ecosystem partner17 ship program to provide support, including funding 

18 and technical assistance, for activities that imple19 ment the strategy developed pursuant to subsection 

20 (b). 

21 ‘‘(2) MECHANISMS.—The Secretary shall pro22 vide such support through existing authorities, work23 ing in collaboration with the entities described in 

24 subsection (a)(2). 


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

2 may not approve a partnership proposal under this 

3 section unless the partnership is consistent with the 

4 international coral reef conservation strategy devel5 oped pursuant to subsection (b), and meets the cri6 teria specified in that strategy. 

7 ‘‘SEC. 214. PERMITS. 

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

9 conduct of— 

10 ‘‘(1) bona fide research; and 

11 ‘‘(2) activities that would otherwise be prohib12 ited by this title or regulations issued thereunder, 

13 through issuance of coral reef conservation permits in ac14 cordance with regulations issued under this title. 

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

16 The Secretary may not issue a permit for activities other 

17 than for bona fide research unless the Secretary finds— 

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

19 compatible with one or more of the purposes in sec20 tion 202(b) of this title; 

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

22 all other laws and regulations applicable to the area 

23 for which such permit is to be issued; and 

24 ‘‘(3) there is no practicable alternative to con25 ducting the activity in a manner that destroys, 


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

2 component thereof. 

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

4 place any terms and conditions on a permit issued under 

5 this section that the Secretary deems reasonable. 

6 ‘‘(d) FEES.— 

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

8 to regulations issued under this title, the Secretary 

9 may assess and collect fees as specified in this sub10 section. 

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

12 to the sum of— 

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

14 incurred, by the Secretary in processing the 

15 permit application, including indirect costs; and 

16 ‘‘(B) if the permit is approved, all costs in17 curred, or expected to be incurred, by the Sec18 retary as a direct result of the conduct of the 

19 activity for which the permit is issued, including 

20 costs of monitoring the conduct of the activity 

21 and educating the public about the activity and 

22 coral reef resources related to the activity. 

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

24 Secretary in the form of fees under this section shall 

25 be collected and available for use only to the extent 


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1 provided in advance in appropriations Acts and may 

2 be used by the Secretary for issuing and admin3 istering permits under this section. 

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

5 any fee assessed under paragraph (2) of this sub6 section, the Secretary may— 

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

8 a fee; or 

9 ‘‘(B) waive or reduce the fee. 

10 ‘‘(e) FISHING.—Nothing in this section shall be con11 sidered to require a person to obtain a permit under this 

12 section for the conduct of any fishing activities not prohib13 ited by this title or regulations issued thereunder. 

14 ‘‘SEC. 215. REGULATIONS. 

15 ‘‘The Secretary may issue such regulations as are 

16 necessary and appropriate to carry out the purposes of 

17 this title. This title and any regulations promulgated 

18 under this title shall be applied in accordance with inter19 national law. No restrictions shall apply to or be enforced 

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

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

22 unless in accordance with international law. 

23 ‘‘SEC. 216. JUDICIAL REVIEW. 

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

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1 ance with sections 701 through 706 of title 5, United 

2 States Code, except that— 

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

4 Secretary taken under the authority of section 

5 206(e) may be had only by the filing of a complaint 

6 by an interested person in the United States District 

7 Court for the appropriate district within 30 days 

8 after the date such final agency action is taken; and 

9 ‘‘(2) review of all other final agency actions of 

10 the Secretary under this title may be had only by 

11 the filing of a petition for review by an interested 

12 person in the Circuit Court of Appeals of the United 

13 States for the District of Columbia Circuit or for the 

14 Federal judicial district in which such person resides 

15 or transacts business which is directly affected by 

16 the action taken within 120 days after the date such 

17 final agency action is taken. 

18 ‘‘(b) NO REVIEW IN ENFORCEMENT PRO19 CEEDINGS.—Final agency action with respect to which re20 view could have been obtained under subsection (a)(2) 

21 shall not be subject to judicial review in any civil or crimi22 nal proceeding for enforcement. 

23 ‘‘(c) COST OF LITIGATION.—In any judicial pro24 ceeding under subsection (a), the court may award costs 

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1 ness fees) to any prevailing party whenever it determines 

2 that such award is appropriate.’’. 

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

4 U.S.C. 6403) is amended by adding at the end the fol5 lowing: 

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

7 Administrator may enter into multiyear cooperative agree8 ments with the heads of other Federal agencies, States, 

9 local governments, academic institutions, and non-govern10 mental organizations to carry out the activities of the na11 tional coral reef action strategy developed under section 

12 203 and to implement regional strategies developed pursu13 ant to section 211.’’. 

14 SEC. 107. CLARIFICATION OF DEFINITIONS. 

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

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

17 amended— 

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

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

21 means the use of methods and procedures that are 

22 necessary to preserve or sustain coral reefs and asso23 ciated species as resilient diverse, viable, and self24 perpetuating coral reef ecosystems, including— 


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1 ‘‘(A) all activities associated with resource 

2 management, such as assessment, conservation, 

3 protection, restoration, sustainable use, and 

4 management of habitat; 

5 ‘‘(B) mapping; 

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

7 ‘‘(D) assistance in the development of 

8 management strategies for marine protected 

9 area or networks thereof and marine resources 

10 consistent with the National Marine Sanc11 tuaries Act (16 U.S.C. 1431 et seq.) and the 

12 Magnuson-Stevens Fishery Conservation and 

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

14 ‘‘(E) law enforcement; 

15 ‘‘(F) conflict resolution initiatives; 

16 ‘‘(G) community outreach and education; 

17 and 

18 ‘‘(H) activities that promote safe and eco19 logically sound navigation.’’; 

20 (2) by amending paragraph (3) to read as fol21 lows: 

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

23 of the phylum Cnidaria, including— 

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

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1 gonacea (horny corals), Stolonifera (organpipe 

2 corals and others), Alcyonacea (soft corals), and 

3 Helioporacea (blue coral), of the class Antho4 zoa; and 

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

6 (fire corals) and Stylasteridae (stylasterid hy7 drocorals), of the class Hydrozoa.’’; 

8 (3) by amending paragraph (4) to read as fol9 lows: 

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

11 means a limestone structure composed in whole or in 

12 part of living zooxanthellate stony corals (Class 

13 Anthozoa, Order Scleractinia), their skeletal re14 mains, or both.’’; 

15 (4) by amending paragraph (5) to read as fol16 lows: 

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

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

19 and geographically associated species, habitats, and 

20 environment, including mangroves and seagrass 

21 habitats, and the processes that control its dynam22 ics.’’; 

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

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

25 inserting after paragraph (6) the following: 


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

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

3 reef, including individual living or dead corals, asso4 ciated sessile invertebrates and plants, and any adja5 cent or associated seagrasses.’’. 

6 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

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

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

9 6408), is further amended— 

10 (1) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary of Commerce to carry out this 

14 title $30,000,000 for fiscal year 2010, $32,000,000 for 

15 fiscal year 2011, $34,000,000 for fiscal year 2012, and 

16 $35,000,000 for fiscal years 2013 and 2014.’’; 

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

18 and inserting ‘‘$2,000,000’’; 

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

20 following: 

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

22 There is authorized to be appropriated to the Adminis23 trator to carry out section 209, $8,000,000 for fiscal years 

24 2010 through 2014, to remain available until expended.’’; 

25 and 


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

2 following: 

3 ‘‘(d) DEPARTMENT OF THE INTERIOR.—There is au4 thorized to be appropriated to the Secretary of the Interior 

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

6 2009 through 2013.’’. 

7 TITLE II—UNITED STATES 

8 CORAL REEF TASK FORCE 

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

10 (a) ESTABLISHMENT.—There is hereby established 

11 the United States Coral Reef Task Force. 

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

13 lead, coordinate, and strengthen Federal Government ac14 tions to better preserve and protect coral reef ecosystems. 

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

16 be— 

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

18 local government partners, academic, and non19 governmental partners if appropriate, activities re20 garding the mapping, monitoring, research, con21 servation, mitigation, restoration of coral reefs and 

22 coral reef ecosystems; 

23 (2) to monitor and advise regarding implemen24 tation of the policy and Federal agency responsibil25 ities set forth in Executive Order 13089 and the naVerDate Nov 24 2008 00:35 Feb 06, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H860.IH H860

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1 tional coral reef action strategy developed under sec2 tion 203 of the Coral Reef Conservation Act of 

3 2000, as amended by this Act; and 

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

5 Administrator of the Agency for International Devel6 opment, and in coordination with the other members 

7 of the Task Force, to— 

8 (A) assess the United States role in inter9 national trade and protection of coral species; 

10 and 

11 (B) encourage implementation of appro12 priate strategies and actions to promote con13 servation and sustainable use of coral reef re14 sources worldwide. 

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

16 shall be comprised of— 

17 (1) the Secretary of Commerce, acting through 

18 the Administrator of the National Oceanic and At19 mospheric Administration, and the Secretary of the 

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

21 (2) the Administrator of the Agency of Inter22 national Development; 

23 (3) the Secretary of Agriculture; 

24 (4) the Secretary of Defense; 


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

2 the 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 

14 Governor, of the Commonwealth of the Northern 

15 Mariana Islands; 

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

17 Governor, of the Commonwealth of Puerto Rico; 

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

19 Governor, of the State of Florida; 

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

21 Governor, of the State of Hawaii; 

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

23 Governor, of the Territory of Guam; 

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

25 Governor, of the Territory of American Samoa; and 


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

2 Governor, of the Virgin Islands. 

3 (e) NONVOTING MEMBERS.—The President, or a rep4 resentative of the President, of each of the Freely Associ5 ated States of the Federated States of Micronesia, the Re6 public of the Marshall Islands, and the Republic of Palau 

7 may appoint a nonvoting member of the Task Force. 

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

10 (1) IN GENERAL.—The Federal agency mem11 bers 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 Conserva21 tion Act of 2000, as amended by this Act, the 

22 local action strategies, and any other coordi23 nated efforts 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 

2 functions of the Task Force and facilitate the co3 ordination of the Federal agency members of the 

4 Task Force. 

5 (g) WORKING GROUPS.— 

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

7 Force may establish working groups as necessary to 

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

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

10 working group. 

11 (2) PARTICIPATION BY NONGOVERNMENTAL OR12 GANIZATIONS.—The co-chairs may allow a non13 governmental organization or academic institution to 

14 participate in such a working group. 

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

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

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

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

19 this Act , shall apply to this section. 


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1 TITLE III—DEPARTMENT OF THE 

2 INTERIOR CORAL REEF AU3 THORITIES 

4 SEC. 301. AMENDMENTS RELATING TO DEPARTMENT OF 

5 THE INTERIOR PROGRAM. 

6 (a) AMENDMENTS AND CLARIFICATIONS TO DEFINI7 TIONS.— 

8 (1) FISH AND WILDLIFE COORDINATION ACT.— 

9 Section 8 of the Fish and Wildlife Coordination Act 

10 (16 U.S.C. 666b) is amended by inserting before the 

11 period at the end the following: ‘‘, including coral 

12 reef ecosystems (as such term is defined in section 

13 218 of the Coral Reef Conservation Act of 2000)’’. 

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

15 AND WILDLIFE IMPROVEMENT ACT OF 1978.—With 

16 respect to the authorities under the Fish and Wild17 life Act of 1956 (16 U.S.C. 742a et seq.) and the 

18 authorities under the Fish and Wildlife Improvement 

19 Act of 1978 (16 U.S.C. 742l), references in such 

20 Acts to ‘‘wildlife’’ and ‘‘fish and wildlife’’ shall be 

21 construed to include coral reef ecosystems (as such 

22 term is defined in section 218 of the Coral Reef 

23 Conservation Act of 2000, as amended by this Act). 

24 (b) CORAL REEF CONSERVATION ASSISTANCE.—The 

25 Secretary of the Interior may provide technical assistance 


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1 and, subject to the availability of appropriations, financial 

2 assistance to coastal States (as that term is defined in 

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

4 this Act). 

5 SEC. 302. CLARIFICATION OF DEFINITIONS. 

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

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

8 amended— 

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

11 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis12 trator’— 

13 ‘‘(A) except as provided in subparagraph 

14 (B), means the Administrator of the National 

15 Oceanic and Atmospheric Administration; and 

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

17 215, means the Secretary of the Interior for 

18 purposes of application of those sections to na19 tional parks and national wildlife refuges.’’; and 

20 (2) by amending paragraph (7) to read as fol21 lows: 

22 ‘‘(7) SECRETARY.—The term ‘Secretary’— 

23 ‘‘(A) except as provided in subparagraphs 

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

25 ‘‘(B) in section 206(e), means— 


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

2 respect to any coral reef or component 

3 thereof that is located in— 

4 ‘‘(I) the National Wildlife Refuge 

5 System; or 

6 ‘‘(II) the National Park System; 

7 or 

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

9 respect to any other coral reef or compo10 nent thereof; and 

11 ‘‘(C) in sections 203 and 217, means the 

12 Secretary of Commerce and the Secretary of 

13 the Interior.’’. 

Æ 


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