II 

111TH CONGRESS 

1ST SESSION H. R. 860 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2009 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 ‘‘Coral Reef Conservation Act Reauthorization and En4 hancement Amendments of 2009’’. 

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

6 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. Expansion of Coral Reef Conservation Program. 

Sec. 102. Emergency response. 

Sec. 103. National program. 

Sec. 104. Report to Congress. 

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

Sec. 106. Clarification of definitions. 

Sec. 107. Authorization of appropriations. 

TITLE II—UNITED STATES CORAL REEF TASK FORCE 

Sec. 201. United States Coral Reef Task Force. 

TITLE III—DEPARTMENT OF THE INTERIOR CORAL REEF 

AUTHORITIES 

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

Sec. 302. Clarification of definitions. 

7 SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT 

8 OF 2000. 

9 Except as otherwise expressly provided, whenever in 

10 this Act an amendment or repeal is expressed in terms 

11 of an amendment to or repeal of a section or other provi12 sion, the reference shall be considered to be made to a 

13 section or other provision of the Coral Reef Conservation 

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


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1 TITLE I—AMENDMENTS TO THE 

2 CORAL REEF CONSERVATION 

3 ACT 

4 SEC. 101. EXPANSION OF CORAL REEF CONSERVATION 

5 PROGRAM. 

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

7 U.S.C. 6403(d)) is amended— 

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

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

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

11 following: 

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

13 ‘‘(A) projects (with priority given to com14 munity-based local action strategies) that ad15 dress emerging priorities or threats, including 

16 international and territorial priorities, or 

17 threats identified by the Administrator in con18 sultation with the United States Coral Reef 

19 Task Force; and 

20 ‘‘(B) other appropriate projects, as deter21 mined by the Administrator, including moni22 toring and assessment, research, pollution re23 duction, education, and technical support.’’. 

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

25 U.S.C. 6403(g)) is amended— 


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

2 paragraph (9); 

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

4 (3) by inserting after paragraph (9) the fol5 lowing: 

6 ‘‘(10) promoting activities designed to minimize 

7 the likelihood of vessel impacts on coral reefs, par8 ticularly those areas identified under section 210(b), 

9 including the promotion of ecologically sound naviga10 tion and anchorages near coral reefs; or 

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

12 with local communities, and all appropriate govern13 mental and nongovernmental organizations, to sup14 port community-based planning and management 

15 initiatives for the protection of coral reef eco16 systems.’’. 

17 SEC. 102. EMERGENCY RESPONSE. 

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

19 follows: 

20 ‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 

21 ‘‘(a) IN GENERAL.—The Administrator may under22 take or authorize action necessary— 

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

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

25 coral reef, from— 


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

2 vessel anchors, and anchor chains; and 

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

4 circumstances as a result of human activities; 

5 and 

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

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

8 incurred the loss of an ecosystem function, as de9 scribed in paragraph (1). 

10 ‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action au11 thorized by subsection (a) includes vessel removal and 

12 emergency stabilization of the vessel or any impacted coral 

13 reef. 

14 ‘‘(c) PARTNERING WITH OTHER FEDERAL AND

15 STATE AGENCIES.—When possible, action by the Admin16 istrator under this section should— 

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

18 government agencies as appropriate, including— 

19 ‘‘(A) the Coast Guard, the Federal Emer20 gency Management Agency, the Army Corps of 

21 Engineers, the Environmental Protection Agen22 cy, and the Department of the Interior; and 

23 ‘‘(B) agencies of States; and 

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


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1 ‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER

2 FEDERAL AND STATE AGENCIES.— 

3 ‘‘(1) IN GENERAL.—The head of any other Fed4 eral or State agency may assist the Administrator in 

5 emergency response actions under this section, using 

6 funds available for operations of the agency con7 cerned. 

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

9 subject to the availability of appropriations, may re10 imburse a Federal or State agency for assistance 

11 provided under paragraph (1). 

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

13 REEFS.— 

14 ‘‘(1) TREATMENT OF CORAL REEFS UNDER NA15 TIONAL MARINE SANCTUARIES ACT.—For purposes 

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

17 subject to paragraph (5), each of the terms ‘sanc18 tuary resources’, ‘resource’, ‘sanctuary resource 

19 managed under law or regulations for that sanc20 tuary’, ‘national marine sanctuary’, ‘sanctuary re21 sources of the national marine sanctuary’, and ‘sanc22 tuary resources of other national marine sanctuaries’ 

23 is deemed to include any coral reef that is subject 

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


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1 without regard to whether such coral reef is located 

2 in a national marine sanctuary. 

3 ‘‘(2) APPLICABLE PROVISIONS OF NATIONAL

4 MARINE SANCTUARIES ACT.—The provisions referred 

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

6 the National Marine Sanctuaries Act: 

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

8 302 (16 U.S.C. 1432). 

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

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

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

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

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

14 injury of a coral reef or any component thereof is 

15 not unlawful if it was— 

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

17 a manner that is not prohibited under the Mag18 nuson-Stevens Fishery Conservation and Man19 agement Act (16 U.S.C. 1801 et seq.) or other 

20 Federal or State law; or 

21 ‘‘(B) caused by an activity that is author22 ized by Federal or State law, including any law23 ful discharge from a vessel of graywater, cool24 ing water, engine exhaust, ballast water, or 

25 sewage from a marine sanitation device, unless 


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

2 vessel grounding, a vessel scraping, anchor 

3 damage, or excavation that is not authorized by 

4 a Federal or State permit; 

5 ‘‘(C) the necessary result of bona fide ma6 rine scientific research (including marine sci7 entific research activities approved by Federal, 

8 State, or local permits), other than— 

9 ‘‘(i) sampling or collecting; and 

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

11 a result of a vessel grounding, a vessel 

12 scraping, anchor damage, or excavation 

13 that is not authorized by a Federal or 

14 State permit; or 

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

16 agency inl 

17 ‘‘(I) an emergency that posed an 

18 unacceptable threat to human health 

19 or safety or to the marine environ20 ment; 

21 ‘‘(II) an emergency that posed a 

22 threat to national security; or 

23 ‘‘(III) an activity necessary for 

24 law enforcement purposes or search 

25 and rescue; and 


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1 ‘‘(ii) could not be avoided. 

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

3 is not liable under this subsection if that person es4 tablishes that— 

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

6 to, the coral reef or coral reef ecosystem was 

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

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

9 person acted with due care; 

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

11 caused by an activity authorized by Federal or 

12 State law; or 

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

14 negligible. 

15 ‘‘(5) STATE CONSENT REQUIRED.— 

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

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

18 jurisdiction of a State unless the Governor of 

19 that State notifies the Secretary that the State 

20 consents to that application. 

21 ‘‘(B) REVOCATION OF CONSENT.—The 

22 governor of a State may revoke consent under 

23 subparagraph (A) by notifying the Secretary of 

24 such revocation. 


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1 ‘‘(6) CONSISTENCY WITH INTERNATIONAL LAWS

2 AND TREATIES.— 

3 ‘‘(A) IN GENERAL.—Any action taken 

4 under the authority of this subsection must be 

5 consistent with otherwise applicable inter6 national laws and treaties. 

7 ‘‘(B) ACTIONS AUTHORIZED WITH RE8 SPECT TO VESSELS.—For purposes of subpara9 graph (A), actions authorized under this sub10 section include vessel removal, and emergency 

11 re-stabilization of a vessel and any coral reef 

12 that is impacted by a vessel. 

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

14 Nothing in this title shall alter the liability of any 

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

16 SEC. 103. NATIONAL PROGRAM. 

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

18 6401) is amended— 

19 (1) by redesignating paragraphs (2) through 

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

21 by inserting after paragraph (1) the following: 

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

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


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

2 the condition of coral reef ecosystems and the 

3 threats to such ecosystems including large-scale 

4 threats related to climate change, such as ocean 

5 acidification, to benefit local communities and the 

6 Nation, and to the extent practicable to support and 

7 enhance management and research capabilities at 

8 local management agencies and local research and 

9 academic institutions;’’; and 

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

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

12 the period at the end of paragraph (7), as so redes13 ignated, and inserting ‘‘; and’’, and by adding at the 

14 end the following: 

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

16 reefs to island and coastal communities and to en17 courage Federal action to ensure, to the maximum 

18 extent practicable, the continued availability of those 

19 benefits.’’. 

20 (b) GOALS AND OBJECTIVES OF NATIONAL CORAL

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

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

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

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


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1 (c) AMENDMENTS RELATING TO ACTIVITIES TO

2 CONSERVE CORAL REEFS AND CORAL REEF ECO3 SYSTEMS.—Section 207(b) (16 U.S.C. 6406(b)) is amend4 ed— 

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

6 the semicolon; 

7 (2) in paragraph (4)— 

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

9 and inserting ‘‘cooperative research, conserva10 tion,’’; and 

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

12 ‘‘partners, including academic institutions lo13 cated in States;’’; and 

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

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

16 coral reefs and coral reef ecosystems; and 

17 ‘‘(6) activities designed to minimize the likeli18 hood of vessel impacts or other physical damage to 

19 coral reefs, including those areas identified in sec20 tion 210(b).’’. 

21 (d) CRITERIA FOR APPROVAL OF PROJECT PRO22 POSALS.—Section 204(g) (16 U.S.C. 6403(g)) is further 

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

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


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

2 following: 

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

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

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

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

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

8 (b) of this section) by striking ‘‘and’’ after the semi9 colon at the end of paragraph (5), by striking the 

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

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

12 ‘‘(7) centrally archiving, managing, and distrib13 uting data sets and providing coral reef ecosystem 

14 assessments and services to the general public with 

15 local, regional, or international programs and part16 ners.’’; and 

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

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

19 The Secretary, in coordination with similar efforts at other 

20 Departments and agencies shall provide for the long-term 

21 stewardship of environmental data, products, and informa22 tion via data processing, storage, and archive facilities 

23 pursuant to this title. The Secretary may— 


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1 ‘‘(1) archive environmental data collected by 

2 Federal, State, local agencies and tribal organiza3 tions and federally funded research; 

4 ‘‘(2) promote widespread availability and dis5 semination of environmental data and information 

6 through full and open access and exchange to the 

7 greatest extent possible, including in electronic for8 mat on the Internet; 

9 ‘‘(3) develop standards, protocols and proce10 dures for sharing Federal data with State and local 

11 government programs and the private sector or aca12 demia; and 

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

14 ecosystems in accordance with Federal Geographic 

15 Data Committee guidelines.’’. 

16 SEC. 104. REPORT TO CONGRESS. 

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

18 follows: 

19 ‘‘SEC. 208. REPORT TO CONGRESS. 

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

21 thereafter, the Administrator shall submit to the Com22 mittee on Commerce, Science, and Transportation of the 

23 Senate and the Committee on Natural Resources of the 

24 House of Representatives a report describing all activities 

25 undertaken to implement the strategy, including— 


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

2 each participating Federal agency to advance coral 

3 reef conservation during each fiscal year of the 5-fis4 cal-year period preceding the fiscal year in which the 

5 report is submitted; 

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

7 cooperative efforts with States and non-govern8 mental partner organizations to prevent or address 

9 overharvesting, coastal runoff, or other anthropo10 genic impacts on coral reef ecosystems, including 

11 projects undertaken with the Department of the In12 terior, the Department of Agriculture, the Environ13 mental Protection Agency, and the Army Corps of 

14 Engineers; 

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

16 the vessel grounding inventory established under sec17 tion 210, including additional authorization or fund18 ing, needed for response and removal of such vessels; 

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

20 actions taken pursuant to the National Response 

21 Plan to address damage to coral reefs and coral reef 

22 ecosystems; and 

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

24 States coral reefs, accomplishments under this Act, 

25 and the effectiveness of management actions to adVerDate Nov 24 2008 21:55 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H860.RFS H860

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1 dress threats to coral reefs, including actions taken 

2 to address large-scale threats to coral reef eco3 systems related to climate change.’’. 

4 SEC. 105. FUND; GRANTS; GROUNDING INVENTORY; CO5 ORDINATION. 

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

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

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

9 and inserting ‘‘organization— 

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

11 and private sectors that further the purposes of this 

12 Act and are consistent with the national coral reef 

13 strategy under section 203; and 

14 ‘‘(2) to address emergency response actions 

15 under section 206.’’; 

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

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

18 encouraged to solicit funding and in-kind services 

19 from the private sector, including nongovernmental 

20 organizations, for emergency response actions under 

21 section 206 and for activities to prevent damage to 

22 coral reefs, including areas identified in section 

23 210(b)(2).’’; 


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

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

3 grant program or emergency response action’’; 

4 (4) by redesignating sections 209 and 210 as 

5 sections 217 and 218, respectively; and 

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

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

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

9 grants to entities that are eligible to receive grants under 

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

11 to work with local communities and through appropriate 

12 Federal and State entities to prepare and implement plans 

13 for the increased protection of coral reef areas identified 

14 by the community and scientific experts as high priorities 

15 for focused attention. The plans shall— 

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

17 criteria described in section 204(g); 

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

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

20 ecosystem-based approaches; 

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

22 State experts and managers; 

23 ‘‘(5) build upon local approaches or models, in24 cluding traditional or island-based resource manage25 ment concepts; and 


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1 ‘‘(6) complement local action strategies or re2 gional plans for coral reef conservation. 

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

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

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

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

7 ‘75 percent’ shall be substituted for ‘50 percent’. 

8 ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

9 ‘‘(a) IN GENERAL.—The Administrator, in coordina10 tion with other Federal agencies, may maintain an inven11 tory of all vessel grounding incidents involving coral reefs, 

12 including a description of— 

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

14 ‘‘(2) vessel and ownership information, if avail15 able; 

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

17 or restoration; 

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

19 the Administrator, the Commandant of the Coast 

20 Guard, or other Federal or State agency representa21 tives; 

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

23 the dates of vessel removal and mitigation or res24 toration and any actions taken to prevent future 

25 grounding incidents; and 


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

4 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad5 ministrator may— 

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

8 information source to identify all coral reef areas 

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

11 ‘‘(2) identify appropriate measures, including 

12 action by other agencies, to reduce the likelihood of 

13 such impacts; and 

14 ‘‘(3) develop a strategy and timetable to imple15 ment such measures, including cooperative actions 

16 with other Government agencies and non-govern17 mental partners. 

18 ‘‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDI19 NATION. 

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

21 other Federal members of the United States Coral Reef 

22 Task Force shall work in coordination and collaboration 

23 with other Federal agencies and States to implement the 

24 strategies developed under section 203, including regional 

25 and local strategies, to address multiple threats to coral 


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1 reefs and coral reef ecosystems such as coastal runoff, ves2 sel impacts, and overharvesting. 

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

4 The Secretary shall enter into written agreements with 

5 any States in which coral reefs are located regarding the 

6 manner in which response and restoration activities will 

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

8 in this subsection shall be construed to limit Federal re9 sponse and restoration activity authority before any such 

10 agreement is final. 

11 ‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

12 All cooperative enforcement agreements in place between 

13 the Secretary and States affected by this title shall be up14 dated to include enforcement of this title where appro15 priate. 

16 ‘‘SEC. 212. AGREEMENTS. 

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

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

19 agreements as may be necessary to carry out the purposes 

20 of this title. 

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

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

23 of the agreement by reimbursing or providing appro24 priated funds to, and may receive funds or reimburse25 ments from, Federal agencies, instrumentalities and labVerDate Nov 24 2008 21:55 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H860.RFS H860

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1 oratories; State and local governments; Native American 

2 tribes and organizations; international organizations; for3 eign governments; universities and research centers; edu4 cational institutions; nonprofit organizations; commercial 

5 organizations; and other public and private persons or en6 tities, as necessary for purposes identified in section 202 

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

8 section 206. 

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

10 Administrator may enter into multiyear cooperative agree11 ments with the heads of other Federal agencies, States, 

12 local governments, academic institutions, including marine 

13 laboratories and coral reef institutes, and nongovern14 mental organizations to carry out the activities of the na15 tional coral reef action strategy developed under section 

16 203 and to implement regional strategies developed pursu17 ant to section 211. 

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

19 purposes related to the conservation, preservation, protec20 tion, restoration, or replacement of coral reefs or coral reef 

21 ecosystems and the enforcement of this title, the Adminis22 trator is authorized to use, with their consent and with 

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

24 personnel, and facilities of any Department, agency, or in25 strumentality of the United States, or of any State, local 


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1 government, or Indian tribal government, or of any polit2 ical subdivision thereof, or of any foreign government or 

3 international organization. 

4 ‘‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION 

5 STRATEGY. 

6 ‘‘(a) INTERNATIONAL CORAL REEF ECOSYSTEM

7 STRATEGY.— 

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

9 the date of enactment of the Coral Reef Conserva10 tion Act Reauthorization and Enhancement Amend11 ments of 2009, the Secretary shall submit to the 

12 Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Natural 

14 Resources and the Committee on Foreign Affairs of 

15 the House of Representatives, and publish in the 

16 Federal Register, an international coral reef eco17 system strategy, consistent with the purposes of this 

18 title and the national strategy required pursuant to 

19 section 203(a). The Secretary shall periodically re20 view and revise this strategy as necessary. 

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

22 the Secretary under paragraph (1) shall— 

23 ‘‘(A) identify coral reef ecosystems 

24 throughout the world that are of high value for 

25 United States marine resources, that support 


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1 high-seas resources of importance to the United 

2 States such as fisheries, or that support other 

3 interests of the United States; 

4 ‘‘(B) summarize existing activities by Fed5 eral agencies and entities described in sub6 section (b) to address the conservation of coral 

7 reef ecosystems identified pursuant to subpara8 graph (A); 

9 ‘‘(C) establish goals, objectives, and spe10 cific targets for conservation of priority inter11 national coral reef ecosystems; 

12 ‘‘(D) describe appropriate activities to 

13 achieve the goals and targets for international 

14 coral reef conservation, in particular those that 

15 leverage activities already conducted under this 

16 title; 

17 ‘‘(E) develop a plan to coordinate imple18 mentation of the strategy with entities de19 scribed in subsection (b) in order to leverage 

20 current activities under this title and other con21 servation efforts globally; 

22 ‘‘(F) identify appropriate partnerships, 

23 grants, or other funding and technical assist24 ance mechanisms to carry out the strategy; and 


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1 ‘‘(G) develop criteria for prioritizing part2 nerships under subsection (c). 

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

4 the Secretary shall consult with the Secretary of State, 

5 the Administrator of the Agency for International Devel6 opment, the Secretary of the Interior, and other relevant 

7 Federal agencies, and relevant United States stakeholders, 

8 and shall take into account coral reef ecosystem conserva9 tion initiatives of other nations, international agreements, 

10 and intergovernmental and nongovernmental organiza11 tions so as to provide effective cooperation and efficiencies 

12 in international coral reef conservation. The Secretary 

13 may consult with the United States Coral Reef Task Force 

14 in carrying out this subsection. 

15 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM

16 PARTNERSHIPS.— 

17 ‘‘(1) IN GENERAL.—The Secretary may estab18 lish an international coral reef ecosystem partner19 ship program to provide support, including funding 

20 and technical assistance, for activities that imple21 ment the strategy developed pursuant to subsection 

22 (a). 

23 ‘‘(2) MECHANISMS.—The Secretary shall pro24 vide such support working in collaboration with the 

25 entities described in subsection (b). 


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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 (a), and meets the cri6 teria specified in that strategy. 

7 ‘‘(d) PRIORITY FOR CERTAIN PROJECTS CONDUCTED

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

9 shall give priority consideration to regional initiatives and 

10 projects that States are participating in with other na11 tions. 

12 ‘‘SEC. 214. PERMITS. 

13 ‘‘(a) IN GENERAL.—The Administrator may, in ac14 cordance with this section and regulations issued under 

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

16 fide research. 

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

18 section is required for an activity that is exempt from li19 ability under section 206(e). 

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

21 may place any terms and conditions on a permit issued 

22 under this section that the Administrator deems reason23 able. 

24 ‘‘(d) FEES.— 


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

2 to regulations issued under this title, the Adminis3 trator may assess and collect fees as specified in this 

4 subsection. 

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

6 to the sum of— 

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

8 incurred, by the Administrator in processing 

9 the permit application, including indirect costs; 

10 and 

11 ‘‘(B) if the permit is approved, all costs in12 curred, or expected to be incurred, by the Ad13 ministrator as a direct result of the conduct of 

14 the activity for which the permit is issued. 

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

16 Administrator in the form of fees under this section 

17 shall be collected and available for use only to the 

18 extent provided in advance in appropriations Acts 

19 and may be used by the Administrator for issuing 

20 and administering permits under this section. 

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

22 any fee assessed under paragraph (2) of this sub23 section, the Administrator may— 

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

25 a fee; or 


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1 ‘‘(B) waive or reduce the fee. 

2 ‘‘(e) FISHING.—Nothing in this section shall be con3 sidered to require a person to obtain a permit under this 

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

5 prohibited by this title or regulations issued under this 

6 title. 

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

8 WITH INTERNATIONAL LAW. 

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

10 such regulations as are necessary and appropriate to carry 

11 out the purposes of sections 206 and 214. 

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

13 title and any regulations promulgated under this title shall 

14 be applied in accordance with international law. No re15 strictions shall apply to or be enforced against a person 

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

17 United States (including foreign flag vessels) unless in ac18 cordance with international law.’’. 

19 SEC. 106. CLARIFICATION OF DEFINITIONS. 

20 Section 218, as redesignated by section 105 of this 

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

22 amended— 

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


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

2 means the use of methods and procedures that are 

3 necessary to preserve or sustain coral reefs and asso4 ciated species as resilient diverse, viable, and self5 perpetuating coral reef ecosystems, including— 

6 ‘‘(A) all activities associated with resource 

7 management, such as assessment, conservation, 

8 protection, restoration, sustainable use, and 

9 management of habitat; 

10 ‘‘(B) mapping; 

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

12 ‘‘(D) development and implementation of 

13 management strategies for marine protected 

14 area or networks thereof and marine resources 

15 consistent with the National Marine Sanc16 tuaries Act (16 U.S.C. 1431 et seq.) and the 

17 Magnuson-Stevens Fishery Conservation and 

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

19 ‘‘(E) law enforcement; 

20 ‘‘(F) conflict resolution initiatives; 

21 ‘‘(G) community outreach and education; 

22 and 

23 ‘‘(H) activities that promote safe and eco24 logically sound navigation.’’; 


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1 (2) by amending paragraph (3) to read as fol2 lows: 

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

4 of the phylum Cnidaria, including— 

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

6 (black corals), Scleractinia (stony corals), 

7 Gorgonacea (horny corals), Stolonifera (organ8 pipe corals and others), Alcyonacea (soft cor9 als), and Helioporacea (blue coral), of the class 

10 Anthozoa; and 

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

12 (fire corals) and Stylasteridae (stylasterid 

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

14 (3) by amending paragraph (4) to read as fol15 lows: 

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

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

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

19 coral, skeletal remains of coral, and other associated 

20 sessile marine plants and animals.’’; 

21 (4) by amending paragraph (5) to read as fol22 lows: 

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

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

25 and geographically associated species, habitats, and 


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1 environment, including mangroves and seagrass 

2 habitats, and the processes that control its dynam3 ics.’’; and 

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

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

6 inserting after paragraph (6) the following: 

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

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

9 reef, including individual living coral, skeletal re10 mains of coral, and other associated sessile marine 

11 plants and animals, and any adjacent or associated 

12 seagrasses.’’. 

13 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 217, as redesignated by section 105 of this 

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

16 6408), is further amended— 

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

19 ‘‘(a) IN GENERAL.—There are authorized to be ap20 propriated to the Secretary of Commerce to carry out this 

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

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

23 $35,000,000 for fiscal years 2013 and 2014.’’; 

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

25 and inserting ‘‘$2,000,000’’; 


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

2 following: 

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

4 There is authorized to be appropriated to the Adminis5 trator to carry out section 209, $8,000,000 for fiscal years 

6 2010 through 2014, to remain available until expended.’’; 

7 and 

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

9 following: 

10 ‘‘(d) DEPARTMENT OF THE INTERIOR.—There is au11 thorized to be appropriated to the Secretary of the Interior 

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

13 2010 through 2014.’’. 

14 TITLE II—UNITED STATES 

15 CORAL REEF TASK FORCE 

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

17 (a) ESTABLISHMENT.—There is hereby established 

18 the United States Coral Reef Task Force. 

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

20 lead, coordinate, and strengthen Federal Government ac21 tions to better preserve and protect coral reef ecosystems. 

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

23 be— 

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

25 local government partners, academic partners, and 


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1 nongovernmental partners if appropriate, activities 

2 regarding the mapping, monitoring, research, con3 servation, mitigation, restoration of coral reefs and 

4 coral reef ecosystems; 

5 (2) to monitor and advise regarding implemen6 tation of the policy and Federal agency responsibil7 ities set forth in Executive Order 13089 and the na8 tional coral reef action strategy developed under sec9 tion 203 of the Coral Reef Conservation Act of 

10 2000, as amended by this Act; and 

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

12 Administrator of the Agency for International Devel13 opment, and in coordination with the other members 

14 of the Task Force, to— 

15 (A) assess the United States role in inter16 national trade and protection of coral species; 

17 and 

18 (B) encourage implementation of appro19 priate strategies and actions to promote con20 servation and sustainable use of coral reef re21 sources worldwide. 

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

23 shall be comprised of— 

24 (1) the Secretary of Commerce, acting through 

25 the Administrator of the National Oceanic and AtVerDate Nov 24 2008 21:55 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H860.RFS H860

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1 mospheric Administration, and the Secretary of the 

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

3 (2) the Administrator of the Agency of Inter4 national Development; 

5 (3) the Secretary of Agriculture; 

6 (4) the Secretary of Defense; 

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

8 the Corps of Engineers; 

9 (6) the Secretary of Homeland Security; 

10 (7) the Attorney General; 

11 (8) the Secretary of State; 

12 (9) the Secretary of Transportation; 

13 (10) the Administrator of the Environmental 

14 Protection Agency; 

15 (11) the Administrator of the National Aero16 nautics and Space Administration; 

17 (12) the Director of the National Science Foun18 dation; 

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

20 Governor, of the Commonwealth of the Northern 

21 Mariana Islands; 

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

23 Governor, of the Commonwealth of Puerto Rico; 

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

25 Governor, of the State of Florida; 


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

2 Governor, of the State of Hawaii; 

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

4 Governor, of the Territory of Guam; 

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

6 Governor, of the Territory of American Samoa; and 

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

8 Governor, of the Virgin Islands. 

9 (e) NONVOTING MEMBERS.—The President, or a rep10 resentative of the President, of each of the Freely Associ11 ated States of the Federated States of Micronesia, the Re12 public of the Marshall Islands, and the Republic of Palau 

13 may appoint a nonvoting member of the Task Force. 

14 (f) RESPONSIBILITIES OF FEDERAL AGENCY MEM15 BERS.— 

16 (1) IN GENERAL.—The Federal agency mem17 bers of the Task Force shall— 

18 (A) identify the actions of their agencies 

19 that may affect coral reef ecosystems; 

20 (B) utilize the programs and authorities of 

21 their agencies to protect and enhance the condi22 tions of such ecosystems; and 

23 (C) assist in the implementation of the Na24 tional Action Plan to Conserve Coral Reefs, the 

25 national coral reef action strategy developed 


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1 under section 203 of the Coral Reef Conserva2 tion Act of 2000, as amended by this Act, the 

3 local action strategies, and any other coordi4 nated efforts approved by the Task Force. 

5 (2) CO-CHAIRS.—In addition to their respon6 sibilities under paragraph (1), the co-chairs of the 

7 Task Force shall administer performance of the 

8 functions of the Task Force and facilitate the co9 ordination of the Federal agency members of the 

10 Task Force. 

11 (g) WORKING GROUPS.— 

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

13 Force may establish working groups as necessary to 

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

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

16 working group. 

17 (2) PARTICIPATION BY NONGOVERNMENTAL OR18 GANIZATIONS.—The co-chairs may allow a non19 governmental organization or academic institution to 

20 participate in such a working group. 

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

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

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

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

25 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) lo14 cated in any unit of the National Park System, any 

15 unit of the National Wildlife Refuge System, or any 

16 Marine National Monument designated under the 

17 Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) 

18 (popularly known as the ‘Antiquities Act’)’’. 

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

20 AND WILDLIFE IMPROVEMENT ACT OF 1978.—With 

21 respect to the authorities under the Fish and Wild22 life Act of 1956 (16 U.S.C. 742a et seq.) and the 

23 authorities under the Fish and Wildlife Improvement 

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

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


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1 construed to include coral reef ecosystems (as such 

2 term is defined in section 218 of the Coral Reef 

3 Conservation Act of 2000, as amended by this Act) 

4 located in any unit of the National Park System, 

5 any unit of the National Wildlife Refuge System, or 

6 any Marine National Monument designated under 

7 the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 

8 431) (popularly known as the ‘‘Antiquities Act’’). 

9 (b) CORAL REEF CONSERVATION ASSISTANCE.— 

10 (1) IN GENERAL.—The Secretary of the Inte11 rior may provide technical assistance and, subject to 

12 the availability of appropriations, financial assist13 ance for the conservation of coral reefs. 

14 (2) DEFINITIONS.—In this subsection each of 

15 the terms ‘‘conservation’’ and ‘‘coral reef’’ has the 

16 meaning that term has under section 218 of the 

17 Coral Reef Conservation Act of 2000 (16 U.S.C. 

18 6409), amended by this Act. 

19 SEC. 302. CLARIFICATION OF DEFINITIONS. 

20 Section 218, as redesignated by section 105 of this 

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

22 amended— 

23 (1) by amending paragraph (1) to read as fol24 lows: 


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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’— 

3 ‘‘(A) except as provided in subparagraph 

4 (B), means the Administrator of the National 

5 Oceanic and Atmospheric Administration; and 

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

7 215, means the Secretary of the Interior for 

8 purposes of application of those sections to na9 tional park units and national wildlife refuges.’’; 

10 and 

11 (2) by amending paragraph (7) to read as fol12 lows: 

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

14 ‘‘(A) except as provided in subparagraphs 

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

16 ‘‘(B) in section 206(e), means— 

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

18 respect to any coral reef or component 

19 thereof that is located in— 

20 ‘‘(I) any unit of the National 

21 Park System; 

22 ‘‘(II) any unit of the National 

23 Wildlife Refuge System; or 

24 ‘‘(III) any Marine National 

25 Monument designated under any of 


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1 the Fish and Wildlife Coordination 

2 Act (16 U.S.C. 661 et seq.), the Fish 

3 and Wildlife Act of 1956 (16 U.S.C. 

4 742a et seq.), the Fish and Wildlife 

5 Improvement Act of 1978 (16 U.S.C. 

6 695j–1 et seq) and the provisions of 

7 law enacted by that Act, and the Act 

8 of June 8, 1906 (34 Stat. 225; 16 

9 U.S.C. 431) (popularly known as the 

10 ‘Antiquities Act’) and that is under 

11 the administrative jurisdiction of the 

12 Secretary of the Interior; and 

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

14 respect to any other coral reef or compo15 nent thereof that is located in any Marine 

16 National Monument designated under a 

17 law referred to in clause (i)(III); and 

18 ‘‘(C) in sections 203, means the Secretary 

19 of Commerce and the Secretary of the Inte20 rior.’’. 

Passed the House of Representatives September 22, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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