II 

110TH CONGRESS 

1ST SESSION S. 1583 

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

coral conservation purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2007 

Mr. INOUYE (for himself and Mr. STEVENS) (by request) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

and for other coral conservation 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 AND REFERENCES. 

4 (a) This Act may be cited as the ‘‘Coral Reef Eco5 system Conservation Amendments Act of 2007’’. 

6 (b) Except as otherwise expressly provided, whenever 

7 in this bill an amendment or repeal is expressed in terms 

8 of an amendment to or repeal of a section or other provi9 sion, the reference shall be considered to be made to a 


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1 section or other provision of the Coral Reef Conservation 

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

3 SEC. 2. REDESIGNATIONS. 

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

5 6401 et seq.) is amended by redesignating— 

6 (1) section 206 (16 U.S.C. 6405) as section 

7 207; 

8 (2) section 207 (16 U.S.C. 6406) as section 

9 208; 

10 (3) section 208 (16 U.S.C. 6407) as section 

11 215; 

12 (4) section 209 (16 U.S.C. 6408) as section 

13 216; and 

14 (5) section 210 (16 U.S.C. 6409) as section 

15 217. 

16 SEC. 3. FINDINGS AND PURPOSES. 

17 Section 202 of the Coral Reef Conservation Act of 

18 2000 (16 U.S.C. 6401) is amended to read as follows: 

19 ‘‘SEC. 202. FINDINGS AND PURPOSES. 

20 ‘‘(a) The Congress finds that— 

21 ‘‘(1) coral reefs contain high biological diversity 

22 and serve important ecosystem functions; 

23 ‘‘(2) coral reef resources provide economic and 

24 environmental benefits in the form of food, jobs, nat25 ural products, and pharmaceuticals; 


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1 ‘‘(3) coral reefs are the basis of thriving com2 mercial and recreational fishing and tourism indus3 tries; 

4 ‘‘(4) a combination of stressors, including cli5 mate change, has caused a rapid decline in the 

6 health of many coral reef ecosystems globally; 

7 ‘‘(5) natural stressors on coral reefs are com8 pounded by human impacts including pollution, over9 fishing, and physical damage; and 

10 ‘‘(6) healthy coral reefs provide shoreline pro11 tection for coastal communities and resources. 

12 ‘‘(b) The purposes of this title are— 

13 ‘‘(1) to preserve, sustain, and restore the condi14 tion of coral reef ecosystems; 

15 ‘‘(2) to promote the wise management and sus16 tainable use of coral reef ecosystems to benefit local 

17 communities, the Nation, and the world; 

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

19 the condition of coral reef ecosystems and the 

20 threats to such ecosystems; 

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

22 ecosystems by supporting conservation programs, in23 cluding projects that involve affected local commu24 nities and nongovernmental organizations; 


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

2 programs and projects; 

3 ‘‘(6) to establish a formal mechanism for col4 lecting and allocating monetary donations from the 

5 private sector to be used for coral reef conservation 

6 projects; and 

7 ‘‘(7) to provide mechanisms to address injuries 

8 to coral reefs.’’. 

9 SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY. 

10 Section 203(a) of the Coral Reef Conservation Act 

11 of 2000 (16 U.S.C. 6402(a)) is amended to read as fol12 lows: 

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

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

15 submit to the Committee on Commerce, Science, and 

16 Transportation of the Senate and to the Committee on 

17 Natural Resources of the House of Representatives and 

18 publish in the Federal Register a national coral reef action 

19 strategy, consistent with the purposes of this title. The 

20 Secretary shall periodically review and revise the strategy 

21 as necessary. In developing this national strategy, the Sec22 retary shall consult with the Coral Reef Task Force estab23 lished under Executive Order 13089 (June 11, 1998).’’. 


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1 SEC. 5. CORAL REEF CONSERVATION PROGRAM. 

2 Section 204 of the Coral Reef Conservation Act of 

3 2000 (16 U.S.C. 6403) is amended— 

4 (1) throughout by striking ‘‘Administrator’’ and 

5 inserting ‘‘Secretary’’; 

6 (2) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) GRANTS.—The Secretary, subject to the avail9 ability of funds, shall provide grants of financial assistance 

10 for projects for the conservation of coral reef ecosystems 

11 (hereafter in this title referred to as ‘coral conservation 

12 projects’), for proposals approved by the Secretary in ac13 cordance with this section.’’; 

14 (3) by amending subsection (c) to read as fol15 lows: 

16 ‘‘(c) ELIGIBILITY.—Any natural resource manage17 ment authority of a State or other government authority 

18 with jurisdiction over coral reef ecosystems, or whose ac19 tivities directly or indirectly affect coral reef ecosystems, 

20 or educational or nongovernmental institutions with dem21 onstrated expertise in the conservation of coral reef eco22 systems, may submit to the Secretary a coral conservation 

23 proposal under subsection (e).’’; 

24 (4) by striking subsection (d) and renumbering 

25 the subsequent sections as (d) through (i); 


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1 (5) in subparagraph (e)(2)(A), as redesignated, 

2 by striking ‘‘Magnuson- Stevens’’ and inserting 

3 ‘‘Magnuson-Stevens’’; 

4 (6) by amending subsection (f), as redesignated, 

5 to read as follows: 

6 ‘‘(f) CRITERIA FOR APPROVAL.—The Secretary may 

7 not approve a project proposal under this section unless 

8 the project is consistent with the coral reef action strategy 

9 under section 203 and will enhance the conservation of 

10 coral reef ecosystems nationally or internationally by— 

11 ‘‘(1) implementing coral conservation programs 

12 which promote sustainable development and ensure 

13 effective, long-term conservation of coral reef eco14 systems and biodiversity; 

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

16 use of environments near coral reef ecosystems or 

17 from the use of corals, species associated with coral 

18 reef ecosystems, and coral products; 

19 ‘‘(3) enhancing compliance with laws that pro20 hibit or regulate the taking of coral products or spe21 cies associated with coral reef ecosystems or regulate 

22 the use and management of coral reef ecosystems; 

23 ‘‘(4) developing sound scientific information on 

24 the condition of coral reef ecosystems or the threats 


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1 to such ecosystems and their biodiversity, including 

2 factors that cause coral disease and bleaching; 

3 ‘‘(5) promoting and assisting to implement co4 operative coral reef ecosystem conservation projects 

5 that involve affected local communities, nongovern6 mental organizations, or others in the private sector; 

7 ‘‘(6) increasing public knowledge and awareness 

8 of coral reef ecosystems and issues regarding their 

9 long-term conservation, including how they function 

10 to protect coastal communities; 

11 ‘‘(7) mapping the location, distribution and bio12 diversity of coral reef ecosystems; 

13 ‘‘(8) developing and implementing techniques to 

14 monitor and assess the status and condition of coral 

15 reef ecosystems and biodiversity; 

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

17 methods to restore degraded coral reef ecosystems 

18 and biodiversity; 

19 ‘‘(10) responding to coral disease and bleaching 

20 events; or 

21 ‘‘(11) promoting ecologically sound navigation 

22 and anchorages near coral reef ecosystems.’’; and 

23 (7) in subsection (i), as redesignated, by strik24 ing ‘‘coral reefs’’ and inserting ‘‘coral reef eco25 systems’’. 


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1 SEC. 6. CORAL REEF CONSERVATION FUND. 

2 Section 205 of the Coral Reef Conservation Act of 

3 2000 (16 U.S.C. 6404) is amended— 

4 (1) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) FUND.—The Secretary may enter into agree7 ments with nonprofit organizations promoting coral reef 

8 ecosystem conservation by authorizing such organizations 

9 to receive, hold, and administer funds received pursuant 

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

11 and otherwise administer the funds and maintain such 

12 funds and any interest or revenues earned in a separate 

13 interest-bearing account, hereafter referred to as the 

14 Fund, established by such organizations solely to support 

15 partnerships between the public and private sectors that 

16 further the purposes of this Act and are consistent with 

17 the national coral reef action strategy under section 203.’’; 

18 (2) in subsection (c) by striking ‘‘Adminis19 trator’’ and inserting ‘‘Secretary’’; 

20 (3) in subsection (c) by striking ‘‘the grant pro21 gram’’ and inserting ‘‘any grant program’’; and 

22 (4) in subsection (d) by striking ‘‘Adminis23 trator’’ and inserting ‘‘Secretary’’. 


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1 SEC. 7. AGREEMENTS. 

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

3 6401 et seq.) is amended by inserting a new section 206 

4 as follows: 

5 ‘‘SEC. 206. AGREEMENTS. 

6 ‘‘(a) The Secretary shall have the authority to enter 

7 into and perform such contracts, leases, grants, or cooper8 ative agreements as may be necessary to carry out the 

9 purposes of this Act. 

10 ‘‘(b) For purposes related to the conservation, preser11 vation, protection, restoration or replacement of coral 

12 reefs or coral reef ecosystems and the enforcement of this 

13 Act, the Secretary is authorized to use, with their consent 

14 and with or without reimbursement, the land, services, 

15 equipment, personnel, and facilities of any Department, 

16 agency or instrumentality of the United States, or of any 

17 state, local government, Indian tribal government, Terri18 tory or possession, or of any political subdivision thereof, 

19 or of any foreign government or international organiza20 tion. 

21 ‘‘(c) AUTHORITY TO UTILIZE GRANT FUNDS.— 

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

23 Secretary is authorized to apply for, accept, and ob24 ligate research grant funding from any federal 

25 source operating competitive grant programs where 

26 such funding furthers the purpose of this Act. 


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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 that serves to accomplish the 

15 purpose for which the grant was awarded.’’. 

16 SEC. 8. EMERGENCY ASSISTANCE. 

17 Section 207 of the Coral Reef Conservation Act of 

18 2000 (16 U.S.C. 6405), as redesignated by section 2, is 

19 amended to read as follows: 

20 ‘‘SEC. 207. EMERGENCY ASSISTANCE. 

21 ‘‘The Secretary, in cooperation with the Federal 

22 Emergency Management Agency, as appropriate, may pro23 vide assistance to any State, local, or territorial govern24 ment agency with jurisdiction over coral reef ecosystems 


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1 to address any unforeseen or disaster-related circumstance 

2 pertaining to coral reef ecosystems.’’. 

3 SEC. 9. NATIONAL PROGRAM. 

4 Section 208 of the Coral Reef Conservation Act of 

5 2000 (16 U.S.C. 6406), as redesignated by section 2, is 

6 amended to read as follows: 

7 ‘‘SEC. 208. NATIONAL PROGRAM. 

8 ‘‘(a) IN GENERAL.—Subject to the availability of ap9 propriations, the Secretary may conduct activities, includ10 ing with local, regional, or international programs and 

11 partners, as appropriate, to conserve coral reef eco12 systems, that are consistent with this title, the National 

13 Marine Sanctuaries Act, the Coastal Zone Management 

14 Act of 1972, the Magnuson-Stevens Fishery Conservation 

15 and Management Act, the Endangered Species Act of 

16 1973, and the Marine Mammal Protection Act of 1972. 

17 ‘‘(b) AUTHORIZED ACTIVITIES.—Activities author18 ized under subsection (a) include— 

19 ‘‘(1) mapping, monitoring, assessment, restora20 tion, socioeconomic and scientific research that ben21 efit the understanding, sustainable use, biodiversity, 

22 and long-term conservation of coral reef ecosystems; 

23 ‘‘(2) enhancing public awareness, education, un24 derstanding, and appreciation of coral reef eco25 systems; 


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

2 States in removing, abandoned fishing gear, marine 

3 debris, and abandoned vessels from coral reefs eco4 systems to conserve living marine resources; 

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

6 threaten and damage coral reef ecosystems, includ7 ing disease and bleaching; 

8 ‘‘(5) cooperative conservation and management 

9 of coral reef ecosystems; and 

10 ‘‘(6) centrally archiving, managing, and distrib11 uting data sets and providing coral reef ecosystem 

12 assessments and services to the general public. with 

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

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

16 The Secretary, in coordination with similar efforts at other 

17 Departments and agencies, as appropriate, shall provide 

18 for long-term stewardship of environmental data, prod19 ucts, and information via data processing, storage, and ar20 chive facilities, pursuant to this Act. To implement this 

21 provision, the Secretary may— 

22 ‘‘(1) Archive environmental data collected by 

23 federal, State, local agencies and tribal organizations 

24 and federally funded research; 


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

3 through full and open access and exchange to the 

4 greatest extent possible, including in electronic for5 mat on the Internet; 

6 ‘‘(3) Develop standards, protocols and proce7 dures for sharing federal data with State and local 

8 government programs and the private sector or aca9 demia; and 

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

11 ecosystems in accordance with Federal Geographic 

12 Data Committee guidelines. 

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

14 RESTORATION.—The Secretary shall establish an account 

15 (to be called the Emergency Response, Stabilization and 

16 Restoration Account) in the Damage Assessment Restora17 tion Revolving Fund established by Public Law 101–515, 

18 104 Stat. 2101 (1990) (33 U.S.C. 2706 note), for imple19 mentation of this subsection for emergency actions. There 

20 are authorized to be deposited into the Emergency Re21 sponse, Stabilization and Restoration Account amounts 

22 which are authorized to be appropriated for such Account 

23 pursuant to section 216, and funds which are authorized 

24 by sections 210(d)(3)(B) and 211(f)(3)(B). Amounts in 

25 the Emergency Response, Stabilization and Restoration 


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1 Account shall be available for use by the Secretary as spec2 ified in sections 210 and 211.’’. 

3 SEC. 10. PROHIBITED ACTIVITIES. 

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

5 6401 et seq.) is amended by inserting a new section 209 

6 as follows: 

7 ‘‘SEC. 209. PROHIBITED ACTIVITIES AND SCOPE OF PROHI8 BITIONS. 

9 ‘‘The provisions in this section are in addition to, and 

10 shall not affect the operation of, other Federal, State or 

11 local laws or regulations providing protection to coral 

12 reefs. It is unlawful for any person to— 

13 ‘‘(1) destroy, cause the loss of, or injure any 

14 coral reef or any component thereof, except— 

15 ‘‘(A) if the destruction, loss, or injury was 

16 caused by the use of fishing gear; provided, 

17 however, that such gear is used in a manner 

18 not prohibited under the Magnuson-Stevens 

19 Fishery Conservation and Management Act, 16 

20 U.S.C. 1801 et seq., or other Federal or State 

21 law; 

22 ‘‘(B) if the destruction, loss, or injury was 

23 caused by an activity that is authorized by Fed24 eral or State law including, but not limited to, 

25 lawful discharges from vessels of graywater, 


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1 cooling water, engine exhaust, ballast water and 

2 sewage from marine sanitation devices; pro3 vided, however, that such activity shall not be 

4 construed to include actions such as vessel 

5 groundings, vessel scrapings, anchor damage, 

6 excavation not authorized by Federal or State 

7 permit, or other similar activities; 

8 ‘‘(C) if the destruction, loss, or injury was 

9 the necessary result of bona fide marine sci10 entific research; provided, however, that con11 duct of such research shall not be construed to 

12 include excessive sampling or collecting, or ac13 tions such as vessel groundings, vessel 

14 scrapings, anchor damage, excavation, or other 

15 similar activities; provided further, however, 

16 that marine scientific research activities ap17 proved by State or local permits qualify as bona 

18 fide marine scientific research; 

19 ‘‘(D) if the destruction, loss, or injury— 

20 ‘‘(i) was caused by a Federal Govern21 ment agency during— 

22 ‘‘(I) an emergency that posed an 

23 unacceptable threat to human health 

24 or safety or to the marine environ25 ment, 


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1 ‘‘(II) an emergency that posed a 

2 threat to national security, or 

3 ‘‘(III) an activity necessary for 

4 law enforcement or search and rescue, 

5 and 

6 ‘‘(ii) could not reasonably be avoided; 

7 ‘‘(2) interfere with the enforcement of this Act 

8 by— 

9 ‘‘(A) refusing to permit any officer author10 ized to enforce this Act to board a vessel, other 

11 than a vessel operated by the Department of 

12 Defense or United States Coast Guard, subject 

13 to such person’s control for the purposes of 

14 conducting any search or inspection in connec15 tion with the enforcement of this Act; 

16 ‘‘(B) resisting, opposing, impeding, intimi17 dating, harassing, bribing, interfering with, or 

18 forcibly assaulting any person authorized by the 

19 Secretary to implement this Act or any such 

20 authorized officer in the conduct of any search 

21 or inspection performed under this Act; or 

22 ‘‘(C) submitting false information to the 

23 Secretary or any officer authorized to enforce 

24 this Act in connection with any search or in25 spection conducted under this Act. 


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1 ‘‘(3) violate any provision of this Act, any per2 mit issued pursuant to this Act, or any regulation 

3 promulgated pursuant to this Act.’’. 

4 SEC. 11. DESTRUCTION OF CORAL REEFS. 

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

6 6401 et seq.) is amended by inserting a new section 210 

7 as follows: 

8 ‘‘SEC. 210. DESTRUCTION OR LOSS OF, OR INJURY TO, 

9 CORAL REEFS. 

10 ‘‘(a) LIABILITY.— 

11 ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex12 cept as provided insubsection (f), all persons who en13 gage in an activity that is prohibited under sections 

14 209(a) or 209(c), or create an imminent risk there15 of, are liable, jointly and severally, to the United 

16 States for an amount equal to the sum of— 

17 ‘‘(A) response costs and damages resulting 

18 from the destruction, loss, or injury, or immi19 nent risk thereof, including damages resulting 

20 from the response actions; 

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

22 and disposal arising from liability under this 

23 section; and 


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

2 the manner described under section 2705 of 

3 Title 33. 

4 ‘‘(2) LIABILITY IN REM.— 

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

6 prohibited under sections 209(a) or 209(c), or 

7 creates an imminent risk thereof, shall be liable 

8 in rem to the United States for an amount 

9 equal to the sum of— 

10 ‘‘(i) response costs and damages re11 sulting from such destruction, loss, or in12 jury, or imminent risk thereof, including 

13 damages resulting from the response ac14 tions; 

15 ‘‘(ii) costs of seizure, forfeiture, stor16 age, and disposal arising from liability 

17 under this section; and 

18 ‘‘(iii) interest on that amount cal19 culated in the manner described under sec20 tion 2705 of Title 33. 

21 ‘‘(B) The amount of liability shall con22 stitute a maritime lien on the vessel and may 

23 be recovered in an action in rem in any district 

24 court of the United States that has jurisdiction 

25 over the vessel. 


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1 ‘‘(3) DEFENSES.—A person is not liable under 

2 this subsection if that person establishes that the de3 struction, loss, or injury was caused solely by an act 

4 of God, an act of war, or an act or omission of a 

5 third party (other than an employee or agent of the 

6 defendant or one whose act or omission occurs in 

7 connection with a contractual relationship, existing 

8 directly or indirectly with the defendant), and the 

9 person acted with due care. 

10 ‘‘(4) LIMITS TO LIABILITY.—Nothing in sec11 tions 30501 to 30512 or 30706 of Title 46 shall 

12 limit liability to any person under this Act. 

13 ‘‘(b) RESPONSE ACTIONS AND DAMAGE ASSESS14 MENT.— 

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

16 undertake or authorize all necessary actions to pre17 vent or minimize the destruction or loss of, or injury 

18 to, coral reefs, or components thereof, or to mini19 mize the risk or imminent risk of such destruction, 

20 loss, or injury. 

21 ‘‘(2) DAMAGE ASSESSMENT.— 

22 ‘‘(A) The Secretary shall assess damages 

23 to coral reefs in accordance with the damages 

24 definition in section 217 and shall consult with 

25 State officials regarding response and damage 


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1 assessment actions undertaken for coral reefs 

2 within State waters. 

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

4 under this chapter for coral reef damages, in5 cluding the cost of damage assessment, for the 

6 same incident. 

7 ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR RE8 SPONSE COSTS AND DAMAGES.— 

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

10 upon the request of the Secretary, may commence a 

11 civil action against any person or vessel that may be 

12 liable under subsection (a) of this section for re13 sponse costs, seizure, forfeiture, storage, or disposal 

14 costs, and damages, and interest on that amount 

15 calculated in the manner described under section 

16 2705 of Title 33. The Secretary, acting as trustee 

17 for coral reefs for the United States, shall submit a 

18 request for such an action to the Attorney General 

19 whenever a person may be liable for such costs or 

20 damages. 

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

22 under this Act may be brought in the United States 

23 district court for any district in which— 


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

2 doing business, in the case of an action against 

3 a person; 

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

5 action against a vessel; 

6 ‘‘(C) the destruction of, loss of, or injury 

7 to a coral reef, or component thereof, occurred 

8 or in which there is an imminent risk of such 

9 destruction, loss, or injury; or 

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

11 or componentsthereof that are the subject of 

12 the action are not within the territory covered 

13 by any United States district court, such action 

14 may be brought either in the United States dis15 trict court for the district closest to the location 

16 where the destruction, loss, injury, or risk of in17 jury occurred, or in the United States District 

18 Court for the District of Columbia. 

19 ‘‘(d) USE OF RECOVERED AMOUNTS.—Any costs, in20 cluding response costs and damages recovered by the Sec21 retary under this section shall— 

22 ‘‘(1) as appropriate be deposited into an ac23 count or accounts in the Damage Assessment Res24 toration Revolving Fund established by Public Law 

25 101–515, 104 Stat. 2101 (1990) (33 U.S.C. 2706 


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1 note), or the Natural Resource Damage Assessment 

2 Fund created pursuant to Title I of Public Law 

3 102–154, 105 Stat. 990 (1991); 

4 ‘‘(2) be available for use by the Secretary with5 out further appropriation and remain available until 

6 expended; 

7 ‘‘(3) and shall be for use, as the Secretary con8 siders appropriate, as follows: 

9 ‘‘(A) to reimburse the Secretary or any 

10 other Federal or State agency that conducted 

11 activities under sections 210(a) and (b); 

12 ‘‘(B) to be transferred to the Emergency 

13 Response, Stabilization and Restoration Ac14 count established under section 208(d) to reim15 burse that account for amounts used for au16 thorized emergency actions; and ‘‘(C) after re17 imbursement of such costs, to restore, replace, 

18 or acquire the equivalent of any coral reefs, or 

19 components thereof, including the reasonable 

20 costs of monitoring, or to minimize or prevent 

21 threats of equivalent injury to, or destruction of 

22 coral reefs, or components thereof. 

23 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re24 sponse costs or damages under subsection (c) shall be 

25 barred unless the complaint is filed within 3 years after 


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1 the date on which the Secretary completes a damage as2 sessment and restoration plan for the coral reefs, or com3 ponents thereof, to which the action relates. 

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

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

6 injury to a coral reef or component thereof resulting from 

7 an incident caused by a component of any Department or 

8 agency of the United States Government, the cognizant 

9 Department or agency shall satisfy its obligations under 

10 this section by promptly, in coordination with the Sec11 retary, taking appropriate actions to respond to and miti12 gate the harm and restoring or replacing the coral reef 

13 or components thereof and reimbursing the Secretary for 

14 all assessment costs.’’. 

15 SEC. 12. ENFORCEMENT. 

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

17 6401 et seq.) is amended by inserting a new section 211 

18 as follows: 

19 ‘‘SEC. 211. ENFORCEMENT. 

20 ‘‘(a) IN GENERAL.—The Secretary shall conduct en21 forcement activities to carry out this Act. 

22 ‘‘(b) POWERS OF AUTHORIZED OFFICERS.—Any per23 son who is authorized to enforce this Act may— 

24 ‘‘(1) board, search, inspect, and seize any vessel 

25 or other conveyance suspected of being used to vioVerDate Aug 31 2005 03:20 Jun 09, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1583.IS S1583

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1 late this Act, any regulation promulgated under this 

2 Act, or any permit issued under this Act, and any 

3 equipment, stores, and cargo of such vessel; 

4 ‘‘(2) seize wherever found any component of 

5 coral reef taken or retained in violation of this Act, 

6 any regulation promulgated under this Act, or any 

7 permit issued under this Act; 

8 ‘‘(3) seize any evidence of a violation of this 

9 Act, any regulation promulgated under this Act, or 

10 any permit issued under this Act; 

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

12 issued by any court of competent jurisdiction; 

13 ‘‘(5) exercise any other lawful authority; and 

14 ‘‘(6) arrest any person, if there is reasonable 

15 cause to believe that such person has committed an 

16 act prohibited by section 209. 

17 ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC18 TIONS.— 

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

20 person subject to the jurisdiction of the United 

21 States who violates this Act or any regulation pro22 mulgated or permit issued thereunder, shall be liable 

23 to the United States for a civil administrative pen24 alty of not more than $200,000 for each such viola25 tion, to be assessed by the Secretary. Each day of 


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1 a continuing violation shall constitute a separate vio2 lation. 

3 ‘‘(2) PERMIT SANCTIONS.—For any person sub4 ject to the jurisdiction of the United States who has 

5 been issued or has applied for a permit under this 

6 Act, and who violates this Act or any regulation or 

7 permit issued under this Act, the Secretary may 

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

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

10 pay or defaulted on a payment agreement of any 

11 civil penalty or criminal fine or liability assessed 

12 pursuant to any natural resource law administered 

13 by the Secretary, the Secretary may deny, suspend, 

14 amend or revoke in whole or in part any permit 

15 issued or applied for under this Act. 

16 ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN17 ALTIES.—Any person who violates any provision of 

18 this Act, any regulation promulgated or permit 

19 issued thereunder, shall be subject to a civil judicial 

20 penalty not to exceed $250,000 for each such viola21 tion. Each day of a continuing violation shall con22 stitute a separate violation. The Attorney General, 

23 upon the request of the Secretary, may commence a 

24 civil action in an appropriate district court of the 

25 United States, and such court shall have jurisdiction 


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1 to award civil penalties and such other relief as jus2 tice may require. In determining the amount of a 

3 civil penalty, the court shall take into account the 

4 nature, circumstances, extent, and gravity of the 

5 prohibited acts committed and, with respect to the 

6 violator, the degree of culpability, any history of 

7 prior violations, and such other matters as justice 

8 may require. In imposing such penalty, the district 

9 court may also consider information related to the 

10 ability of the violator to pay. 

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

12 shall be assessed under this subsection until after 

13 the person charged has been given notice and an op14 portunity for a hearing. 

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

16 violating this Act, any regulation promulgated under 

17 this Act, or any permit issued under this Act, shall 

18 be liable in rem for any civil penalty assessed for 

19 such violation. Such penalty shall constitute a mari20 time lien on the vessel and may be recovered in an 

21 action in rem in the district court of the United 

22 States having jurisdiction over the vessel. 

23 ‘‘(6) COLLECTION OF PENALTIES.—If any per24 son fails to pay an assessment of a civil penalty 

25 under this section after it has become a final and 


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1 unappealable order, or after the appropriate court 

2 has entered final judgment in favor of the Secretary, 

3 the Secretary shall refer the matter to the Attorney 

4 General, who shall recover the amount assessed in 

5 any appropriate district court of the United States 

6 (plus interest at current prevailing rates from the 

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

8 and appropriateness of the final order imposing the 

9 civil penalty shall not be subject to review. Any per10 son who fails to pay, on a timely basis, the amount 

11 of an assessment of a civil penalty shall be required 

12 to pay, in addition to such amount and interest, at13 torney’s fees and costs for collection proceedings and 

14 a quarterly nonpayment penalty for each quarter 

15 during which such failure to pay persists. Such non16 payment penalty shall be in an amount equal to 20 

17 percent of the aggregate amount of such person’s 

18 penalties and nonpayment penalties that are unpaid 

19 as of the beginning of such quarter. 

20 ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC21 RETARY.—The Secretary may compromise, modify, 

22 or remit, with or without conditions, any civil admin23 istrative penalty or permit sanction which is or may 

24 be imposed under this section and that has not been 


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1 referred to the Attorney General for further enforce2 ment action. 

3 ‘‘(8) JURISIDICATION OF COURTS.—The several 

4 district courts of the United States shall have juris5 diction over any actions brought by the United 

6 States arising under this section. For the purpose of 

7 this section, American Samoa shall be included with8 in the judicial district of the District Court of the 

9 United States for the District of Hawaii. Each viola10 tion shall be a separate offense and the offense shall 

11 be deemed to have been committed not only in the 

12 district where the violation first occurred, but also in 

13 any other district as authorized by law. 

14 ‘‘(d) FORFEITURE.— 

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

16 convicted of an offense in violation of this Act shall 

17 forfeit to the United States— 

18 ‘‘(A) any property, real or personal, consti19 tuting or traceable to the gross proceeds taken, 

20 obtained, or retained, in connection with or as 

21 a result of the offense, including, without limi22 tation, any coral reef or coral reef component 

23 (or the fair market value thereof); and 

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

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1 mit or facilitate the commission of the offense, 

2 including, without limitation, any vessel (includ3 ing the vessel’s equipment, stores, catch and 

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

5 transportation. Pursuant to Title 28, Section 

6 2461(c), the provisions of section 413 of the 

7 Controlled Substances Act (21 U.S.C. 853) 

8 with the exception of subsection (d) of that sec9 tion shall apply to criminal forfeitures under 

10 this section. 

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

12 forth below shall be forfeited to the United States in 

13 accordance with the provisions of Chapter 46 of 

14 Title 18, and no property right shall exist in it— 

15 ‘‘(A) any property, real or personal, consti16 tuting or traceable to the gross proceeds taken, 

17 obtained, or retained, in connection with or as 

18 a result of a violation of this Act, including, 

19 without limitation, any coral reef or coral reef 

20 component (or the fair market value thereof); 

21 and 

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

23 or intended to be used, in any manner, to com24 mit or facilitate the commission of a violation of 

25 this Act, including, without limitation, any vesVerDate Aug 31 2005 03:20 Jun 09, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1583.IS S1583

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1 sel (including the vessel’s equipment, stores, 

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

3 means of transportation. 

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

5 All provisions of law relating to seizure, summary 

6 and judicial forfeiture and condemnation for viola7 tion of the customs laws, the disposition of the prop8 erty forfeited or condemned or the proceeds from the 

9 sale thereof; the remission or mitigation of such for10 feitures; and the compromise of claims shall apply to 

11 seizures and forfeitures incurred, or alleged to have 

12 been incurred, under the provisions of this Act, inso13 far as applicable and not inconsistent with the provi14 sions hereof. However, with respect to seizures and 

15 forfeitures of property under this section by the Sec16 retary, such duties as are imposed upon the customs 

17 officer or any other person with respect to the sei18 zure and forfeiture of property under the customs 

19 law may be performed by such officers as are des20 ignated by the Secretary or, upon request of the 

21 Secretary, by any other agency that has authority to 

22 manage and dispose of seized property. 

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

24 section there is a rebuttable presumption that all 

25 coral reefs, or components thereof, found on board 


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

2 violation of this Act or of any regulation promul3 gated under this Act were taken, obtained, or re4 tained in violation of this Act or of a regulation pro5 mulgated under this Act. 

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

7 COSTS.—Any person assessed a civil penalty for a viola8 tion of this Act or of any regulation promulgated under 

9 this Act and any claimant in a forfeiture action brought 

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

11 incurred by the Secretary in storage, care, and mainte12 nance of any property seized in connection with the viola13 tion. 

14 ‘‘(f) EXPENDITURES.— 

15 ‘‘(1) Notwithstanding section 3302 of Title 31 

16 or section 1861 of Title 16, United States Code, 

17 amounts received by the United States as civil pen18 alties under section 211(c) of this bill, forfeitures of 

19 property under section 211(d), and costs imposed 

20 under section 211(e), shall— 

21 ‘‘(A) be placed into an account; 

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

23 without further appropriation; and 

24 ‘‘(C) remain available until expended. 


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

2 forfeitures under section 211(d) and costs imposed 

3 under section 211(e) shall be used to pay the rea4 sonable and necessary costs incurred by the Sec5 retary to provide temporary storage, care, mainte6 nance, and disposal of any property seized in con7 nection with a violation of this Act or any regulation 

8 promulgated under this Act. 

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

10 civil penalties under section 211(c) of this bill and 

11 any amounts remaining after the operation of para12 graph (2) shall be used as follows— 

13 ‘‘(A) to stabilize, restore, or otherwise 

14 manage the coral reef with respect to which the 

15 violation occurred that resulted in the penalty 

16 or forfeiture; 

17 ‘‘(B) to be transferred to the Emergency 

18 Response, Stabilization and Restoration Ac19 count established under section 208(d) or an 

20 account referenced in section 210(d)(1) of this 

21 Act, to reimburse such account for amounts 

22 used for authorized emergency actions; 

23 ‘‘(C) to conduct monitoring and enforce24 ment activities; 


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1 ‘‘(D) to conduct research on techniques to 

2 stabilize and restore coral reefs; 

3 ‘‘(E) to conduct activities that prevent or 

4 reduce the likelihood of future damage to coral 

5 reefs; 

6 ‘‘(F) to stabilize, restore or otherwise man7 age any other coral reef; or 

8 ‘‘(G) to pay a reward to any person who 

9 furnishes information leading to an assessment 

10 of a civil penalty, or to a forfeiture of property, 

11 for a violation of this Act or any regulation pro12 mulgated under this Act. 

13 ‘‘(g) CRIMINAL ENFORCEMENT.— 

14 ‘‘(1) Any person (other than a foreign govern15 ment or any entity of such government) who know16 ingly commits any act prohibited by section 209(b) 

17 of this Act shall be imprisoned for not more than 

18 five years and shall be fined not more than 

19 $500,000 for individuals or $1,000,000 for an orga20 nization; except that if in the commission of any 

21 such offense the individual uses a dangerous weap22 on, engages in conduct that causes bodily injury to 

23 any officer authorized to enforce the provisions of 

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•S 1583 IS 

1 nent bodily injury, the maximum term of imprison2 ment is not more than ten years. 

3 ‘‘(2) Any person (other than a foreign govern4 ment or any entity of such government) who know5 ingly violates sections 209(a) or 209(c) shall be 

6 fined under Title 18 or imprisoned not more than 

7 five years or both. 

8 ‘‘(3) The several district courts of the United 

9 States shall have jurisdiction over any actions 

10 brought by the United States arising under this sub11 section. For the purpose of this subsection, Amer12 ican Samoa shall be included within the judicial dis13 trict of the District Court of the United States for 

14 the District of Hawaii. Each violation shall be a sep15 arate offense and the offense shall be deemed to 

16 have been committed not only in the district where 

17 the violation first occurred, but also in any other 

18 district as authorized by law. Any offenses not com19 mitted in any district are subject to the venue provi20 sions of Title 18, Section 3238. 

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

22 or hearing under this section or any other natural resource 

23 statute administered by the National Oceanic and Atmos24 pheric Administration which is determined on the record 

25 in accordance with the procedures provided for under secVerDate Aug 31 2005 03:20 Jun 09, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1583.IS S1583

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1 tion 554 of Title 5, United States Code, the Secretary may 

2 issue subpoenas for the attendance and testimony of wit3 nesses and the production of relevant papers, books, elec4 tronic files, and documents, and may administer oaths. 

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

6 Nothing in this section shall be considered to limit the au7 thority of the Coast Guard to enforce this or any other 

8 Federal law under section 89 of Title 14, United States 

9 Code. 

10 ‘‘(j) INJUNCTIVE RELIEF.— 

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

12 an imminent risk of destruction or loss of or injury 

13 to a coral reef, or that there has been actual de14 struction or loss of, or injury to, a coral reef which 

15 may give rise to liability under section 210 of this 

16 title, the Attorney General, upon request of the Sec17 retary, shall seek to obtain such relief as may be 

18 necessary to abate such risk or actual destruction, 

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

20 or both. The district courts of the Unites States 

21 shall have jurisdiction in such a case to order such 

22 relief as the public interest and the equities of the 

23 case may require. 

24 ‘‘(2) Upon the request of the Secretary, the At25 torney General may seek to enjoin any person who 


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•S 1583 IS 

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

2 Act, or any regulation or permit issued under this 

3 Act, and the district courts shall have jurisdiction to 

4 grant such relief. 

5 ‘‘(k) AREA OF APPLICATION AND ENFORCE6 ABILITY.—The area of application and enforceability of 

7 this Act includes the internal waters of the United States, 

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

9 Presidential Proclamation 5928 of December 27, 1988, 

10 the Exclusive Economic Zone of the United States as de11 scribed in Presidential Proclamation 5030 of March 10, 

12 1983, and the continental shelf, consistent with inter13 national law. 

14 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac15 tion by the United States under this Act, process may be 

16 served in any district where the defendant is found, re17 sides, transacts business, or has appointed an agent for 

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

19 served in a place not within the United States in accord20 ance with Rule 4 of the Federal Rules of Civil Procedure. 

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

22 under this Act may be brought in the United States dis23 trict court for any district in which— 


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•S 1583 IS 

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

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

3 person; 

4 ‘‘(2) the vessel is located, in the case of an ac5 tion against a vessel; 

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

7 coral reef, or component thereof, occurred or in 

8 which there is an imminent risk of such destruction, 

9 loss, or injury; or 

10 ‘‘(4) where some or all of the coral reef(s) or 

11 components thereof that are the subject of the action 

12 are not within the territory covered by any United 

13 States district court, such action may be brought ei14 ther in the United States district court for the dis15 trict closest to the location where the destruction, 

16 loss, injury, or risk of injury occurred, or in the 

17 United States District Court for the District of Co18 lumbia.’’. 

19 SEC. 13. PERMITS. 

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

21 6401 et seq.) is amended by inserting a new section 212 

22 as follows: 

23 ‘‘SEC. 212. PERMITS. 

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

25 conduct of activities that would otherwise be prohibited 


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•S 1583 IS 

1 by this Act or regulations issued thereunder through, in 

2 accordance with such regulations, issuance of coral reef 

3 conservation permits. 

4 ‘‘(b) FINDINGS.—No permit may be issued unless the 

5 Secretary finds— 

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

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

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

10 all other laws and regulations applicable to the area 

11 for which such permit is to be issued; and 

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

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

15 component thereof. 

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

17 place any terms and conditions on a permit issued under 

18 this section that the Secretary deems reasonable. 

19 ‘‘(d) FEES.— 

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

21 to any regulations issued under this Act, the Sec22 retary may assess and collect fees as specified in this 

23 subsection. 

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

25 to the sum of— 


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•S 1583 IS 

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

2 incurred, by the Secretary in processing the 

3 permit application, including indirect costs; and 

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

7 activity for which the permit is issued, including 

8 costs of monitoring the conduct of the activity 

9 and educating the public about the activity and 

10 coral reef resources related to the activity. 

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

12 Secretary in the form of fees under this section shall 

13 be collected and available for use only to the extent 

14 provided in advance in appropriations Acts and may 

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

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

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

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

21 a fee; or 

22 ‘‘(B) waive or reduce the fee. 

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


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•S 1583 IS 

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

3 SEC. 14. COORDINATION WITH STATES AND TERRITORIES. 

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

5 6401 et seq.) is amended by inserting a new section 213 

6 as follows: 

7 ‘‘SEC. 213. COORDINATION WITH STATES AND TERRI8 TORIES. 

9 ‘‘(a) RESPONSE AND RESTORATION ACTIVITIES.— 

10 The Secretary shall, when appropriate, enter into a writ11 ten agreement with any affected State regarding the man12 ner in which response and restoration activities will be 

13 conducted within the affected State’s waters. 

14 ‘‘(b) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

15 All cooperative enforcement agreements in place between 

16 the Secretary and States affected by sections 208(d) 

17 through 212 of this Act shall be updated to include en18 forcement of this Act where appropriate.’’. 

19 SEC. 15. REGULATIONS. 

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

21 6401 et seq.) is amended by inserting a new section 214 

22 as follows: 

23 ‘‘SEC. 214. REGULATIONS. 

24 ‘‘The Secretary may issue such regulations as are 

25 necessary and appropriate to carry out the purposes of 


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•S 1583 IS 

1 this Act. This Act and any regulations promulgated under 

2 this Act shall be applied in accordance with international 

3 law. No restrictions shall apply to or be enforced against 

4 a person who is not a citizen, national, or resident alien 

5 of the United States (including foreign flag vessels) unless 

6 in accordance with international law.’’. 

7 SEC. 16. EFFECTIVENESS REPORT. 

8 Section 215 of the Coral Reef Conservation Act of 

9 2000 (16 U.S.C. 6407), as redesignated by section 2, is 

10 amended to read as follows: 

11 ‘‘SEC. 215. EFFECTIVENESS REPORT. 

12 ‘‘Not later than 2 years after the date on which the 

13 Secretary publishes the Report on U.S. Coral Reef Task 

14 Force Agency Activities 2002 to 2003 and every 2 years 

15 thereafter, the Secretary shall submit to the Committee 

16 on Commerce, Science, and Transportation of the Senate 

17 and the Committee on Natural Resources of the House 

18 of Representatives a report describing all activities under19 taken to implement the strategy, under section 203, in20 cluding a description of the funds obligated each fiscal 

21 year to advance coral reef ecosystem conservation. This 

22 report will cover the time period since the last report was 

23 submitted.’’. 


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1 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 216 of the Coral Reef Conservation Act of 

3 2000 (16 U.S.C. 6408), as redesignated by section 2, is 

4 amended to read as follows: 

5 ‘‘SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to the Secretary to carry out this Act, including 

8 for the Emergency Response, Stabilization and Restora9 tion Account established under section 208(d), 

10 $25,797,000 in fiscal year 2008 and such sums as may 

11 be necessary for each of fiscal years 2009 through 2012. 

12 ‘‘(b) ADMINISTRATION.—Of the amounts appro13 priated under subsection (a), not more than 10 percent 

14 of the amounts appropriated, may be used for program 

15 administration or for overhead costs incurred by the Na16 tional Oceanic and Atmospheric Administration or the De17 partment of Commerce and assessed as an administrative 

18 charge.’’. 

19 SEC. 18. DEFINITIONS. 

20 Section 217 of the Coral Reef Conservation Act of 

21 2000 (16 U.S.C. 6409), as redesignated by section 2, is 

22 amended to read as follows: 

23 ‘‘SEC. 217. DEFINITIONS. 

24 ‘‘In this title: 

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

26 means the variability among living organisms from 


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•S 1583 IS 

1 all sources including, inter alia, terrestrial, marine 

2 and other aquatic ecosystems and the ecological 

3 complexes of which they are part; this includes di4 versity within species, between species and of eco5 systems. 

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

7 means the use of methods and procedures necessary 

8 to preserve or sustain corals and associated species 

9 as diverse, viable, and self-perpetuating coral reef 

10 ecosystems, including all activities associated with 

11 resource management, such as assessment, conserva12 tion, protection, restoration, sustainable use, and 

13 management of habitat; mapping; habitat moni14 toring; assistance in the development of management 

15 strategies for marine protected areas and marine re16 sources consistent with the National Marine Sanc17 tuaries Act (16 U.S.C. 1431 et seq.) and the Mag18 nuson-Stevens Fishery Conservation and Manage19 ment Act (16 U.S.C. 1801 et seq.); law enforcement; 

20 conflict resolution initiatives; community outreach 

21 and education; and that promote safe and eco22 logically sound navigation. 

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

24 of the phylum Cnidaria, including— 


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•S 1583 IS 

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

2 (black corals), Scleractinia (stony corals), 

3 Gorgonacea (horny corals), Stolonifera 

4 (organpipe corals and others), Alcyonacea (soft 

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

6 class Anthozoa; and 

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

8 (fire corals) and Stylasteridae (stylasterid 

9 hydrocorals) of the class Hydrozoa. 

10 ‘‘(4) CORAL REEF.—Coral Reefs are defined as 

11 limestone structures composed in whole or in part of 

12 living zooxanthellate stony corals (Class Anthozoa, 

13 Order Scleractinia), as described in section 217(3), 

14 their skeletal remains, or both, and including other 

15 coral, associated sessile invertebrates and plants, 

16 and any adjacent or associated seagrasses. 

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

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

19 reef, including individual living or dead corals, asso20 ciated sessile invertebrates and plants, and any adja21 cent or associated seagrasses. 

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

23 ‘coral reef ecosystem’ means the system of coral 

24 reefs and geographically associated species and habi25 tats, including but not limited to mangroves and 


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•S 1583 IS 

1 seagrass habitats, their living marine resources, the 

2 people, the environment, and the processes that con3 trol its dynamics. 

4 ‘‘(7) CORAL PRODUCTS.—The term ‘coral prod5 ucts’ means any living or dead specimens, parts, or 

6 derivatives, or any product containing specimens, 

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

8 paragraph (3). 

9 ‘‘(8) DAMAGES.—The term ‘damages’ in10 cludes— 

11 ‘‘(A) compensation for— 

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

13 acquiring the equivalent of the coral reef, 

14 or component thereof; and 

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

16 of the lost use of, the coral reef or compo17 nent thereof, or the cost of activities to 

18 minimize or prevent threats of, equivalent 

19 injury to, or destruction of coral reefs or 

20 components thereof, pending restoration or 

21 replacement or the acquisition of an equiv22 alent coral reef or component thereof; 

23 ‘‘(B) the reasonable cost of damage assess24 ments under section 210; 


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•S 1583 IS 

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

2 Secretary in implementing section 208(d); 

3 ‘‘(D) the reasonable cost of monitoring ap4 propriate to the injured, restored, or replaced 

5 resources; 

6 ‘‘(E) the reasonable cost of curation, con7 servation and loss of contextual information of 

8 any coral encrusted archeological, historical, 

9 and cultural resource; 

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

11 210, undertaken by the United States, associ12 ated with the destruction or loss of, or injury 

13 to, a coral reef or component thereof, including 

14 the costs of attorney time and expert witness 

15 fees; and 

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

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

18 of this paragraph. 

19 ‘‘(9) EMERGENCY ACTIONS.—The term ‘emer20 gency actions’ means all necessary actions to prevent 

21 or minimize the additional destruction or loss of, or 

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

23 minimize the risk of such additional destruction, 

24 loss, or injury. 


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

2 ‘Exclusive Economic Zone’ means the waters of the 

3 Exclusive Economic Zone of the United States under 

4 Presidential Proclamation 5030, dated March 10, 

5 1983. 

6 ‘‘(11) LOCAL ACTION STRATEGY.—The term 

7 ‘Local Action Strategy’ refers to a plan developed 

8 within each of the seven U.S. Coral Reef Task Force 

9 member states for collaborative action among fed10 eral, state, territory and non-governmental partners, 

11 which identifies priority actions needed to reduce key 

12 threats to valuable coral reef resources. 

13 ‘‘(12) PERSON.—The term ‘person’ means any 

14 individual; private or public corporation, partnership, 

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

16 private entity, whether foreign or domestic; private 

17 person or entity, or any officer, employee, agent, De18 partment, agency, or instrumentality of the Federal 

19 Government, of any State or local unit of govern20 ment, or of any foreign government. 

21 ‘‘(13) RESPONSE COSTS.—The term ‘response 

22 costs’ means the costs of actions taken or authorized 

23 by the Secretary to minimize destruction or loss of, 

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

25 to minimize the imminent risks of such destruction, 


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•S 1583 IS 

1 loss, or injury, including costs related to seizure, for2 feiture, storage, or disposal arising from liability 

3 under section 210. 

4 ‘‘(14) SECRETARY.—The term ‘Secretary’ 

5 means— 

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

7 208 and sections 215 through 217, the Sec8 retary of Commerce; and 

9 ‘‘(B) for purposes of sections 209 through 

10 214 and section 218— 

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

12 any coral reef or component thereof located 

13 in (I) the National Wildlife Refuge System, 

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

15 the waters surrounding Wake Island under 

16 the jurisdiction of the Secretary of the In17 terior, as set forth in Executive Order 

18 11048 (27 Fed. Reg. 8851 (Sept. 4, 

19 1962)); or 

20 ‘‘(ii) the Secretary of Commerce for 

21 any coral reef or component thereof located 

22 in any area not governed by clause (B)(i). 

23 ‘‘(15) SERVICE.—Within section 217(7), the 

24 term ‘service’ means function(s), ecological or otherVerDate Aug 31 2005 03:20 Jun 09, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1583.IS S1583

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•S 1583 IS 

1 wise, performed by a coral reef, or component there2 of. 

3 ‘‘(16) STATE.—The term ‘State’ means any 

4 State of the United States that contains a coral reef 

5 ecosystem within its seaward boundaries, American 

6 Samoa, Guam, the Northern Mariana Islands, Puer7 to Rico, and the Virgin Islands, and any other terri8 tory or possession of the United States, or separate 

9 sovereign in free association with the United States, 

10 that contains a coral reef ecosystem within its sea11 ward boundaries. 

12 ‘‘(17) TERRITORIAL SEA.—The term ‘Terri13 torial Sea’ means the waters of the Territorial Sea 

14 of the United States under Presidential Proclama15 tion 5928, dated December 27, 1988.’’. 

16 SEC. 19. JUDICIAL REVIEW. 

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

18 6401 et seq.) is amended by inserting a new section 218 

19 as follows: 

20 ‘‘SEC. 218. JUDICIAL REVIEW. 

21 ‘‘(a) Judicial review of any action taken by the Sec22 retary under this Act shall be in accordance with sections 

23 701 through 706 of Title 5, except that— 

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

25 Secretary taken pursuant to sections 211(c)(1) and 


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•S 1583 IS 

1 211(c)(2) may be had only by the filing of a com2 plaint by an interested person in the United States 

3 District Court for the appropriate district; any such 

4 complaint must be filed within thirty days of the 

5 date such final agency action is taken; and 

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

7 the Secretary under this Act may be had only by the 

8 filing of a petition for review by an interested person 

9 in the Circuit Court of Appeals of the United States 

10 for the federal judicial district in which such person 

11 resides or transacts business which is directly af12 fected by the action taken; such petition shall be 

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

15 ‘‘(b) Final agency action with respect to which review 

16 could have been obtained under subsection (a)(2) shall not 

17 be subject to judicial review in any civil or criminal pro18 ceeding for enforcement. 

19 ‘‘(c) In any judicial proceeding under subsection (a), 

20 the court may award costs of litigation (including reason21 able attorney and expert witness fees) to any prevailing 

22 party whenever it determines that such award is appro23 priate.’’. 


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•S 1583 IS 

1 SEC. 20. THE DEPARTMENT OF THE INTERIOR PROGRAM. 

2 (a) DEFINITIONAL AMENDMENTS AND CLARIFICA3 TIONS.— 

4 (1) Section 8 of the Act of March 10, 1934 (16 

5 U.S.C. 666b), commonly known as the Fish and 

6 Wildlife Coordination Act, is amended by inserting 

7 at the end thereof the words ‘‘, including coral reef 

8 ecosystems (as such term is defined in section 

9 217(b) of the Coral Reef Conservation Act of 2000, 

10 as amended)’’. 

11 (2) With respect to the authorities under the 

12 Act of August 8, 1956 (16 U.S.C. 742a et seq.), as 

13 amended, commonly known as the Fish and Wildlife 

14 Act of 1956; and under Public Law 95–616 (16 

15 U.S.C. 742l), as amended, commonly known as the 

16 Fish and Wildlife Improvement Act of 1978, ref17 erences in such Acts to ‘‘wildlife’’ or ‘‘fish and wild18 life’’ shall be construed to include coral reef eco19 systems (as such term is defined in section 217(b) 

20 of the Coral Reef Conservation Act of 2000, as 

21 amended). 

22 (b) ASSISTANCE TO INSULAR AREAS.—Sec. 601 of 

23 Public Law 96–597 (48 U.S.C. 1469d), as amended, is 

24 amended by redesignating existing subsection (d) as (e), 

25 and by inserting: 


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•S 1583 IS 

1 ‘‘(d) CORAL REEFS.—The Secretary of the Interior 

2 is authorized to extend to the governments of American 

3 Samoa, the Commonwealth of the Northern Mariana Is4 lands, Guam, and the Virgin Islands, and their agencies 

5 and instrumentalities, financial and technical assistance 

6 for the conservation of coral reef ecosystems (as such term 

7 is defined in the Coral Reef Conservation Act of 2000 

8 [Public Law No. 106–562, 114 Stat. 2794 (2000)], as 

9 amended) under the jurisdiction of such governments.’’. 

10 (c) The Coral Reef Conservation Act of 2000 (16 

11 U.S.C. 6401 et seq.) is amended by inserting a new section 

12 219 as follows: 

13 ‘‘SEC. 219. DEPARTMENT OF THE INTERIOR. 

14 ‘‘(a) CORAL REEF CONSERVATION ASSISTANCE.— 

15 The Secretary of the Interior may provide technical and 

16 financial assistance to States, American Samoa, the Com17 monwealth of the Northern Mariana Islands, Guam, Puer18 to Rico and the Virgin Islands, for management and con19 servation of coral reef ecosystems, including implementa20 tion of Local Action Strategies. The Secretary shall co21 ordinate coral reef conservation activities under the Act 

22 of March 10, 1934 (16 U.S.C. 666b), as amended, com23 monly known as the Fish and Wildlife Coordination Act, 

24 Public Law 95–616 (16 U.S.C. 742l), as amended, com25 monly known as the Fish and Wildlife Improvement Act 


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•S 1583 IS 

1 of 1978, Public Law 96–597 (48 U.S.C. 1469d), as 

2 amended, with those coral reef conservation activities of 

3 other agencies and partners, including those activities car4 ried out through the U.S. Coral Reef Task Force.’’. 

Æ 


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