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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2859 Reported in Senate (RS)]

                                                       Calendar No. 643
111th CONGRESS
  2d Session
                                S. 2859

                          [Report No. 111-349]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2009

  Mr. Inouye (for himself, Mr. Rockefeller, Ms. Snowe, Mr. Nelson of 
  Florida, Mr. Kerry, and Mr. LeMieux) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           November 17, 2010

             Reported by Mr. Rockefeller, without amendment

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 3. Purposes.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements; redesignations.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Study of trade in corals.
Sec. 11. International coral reef conservation activities.
Sec. 12. Community-based planning grants.
Sec. 13. Vessel grounding inventory.
Sec. 14. Prohibited activities.
Sec. 15. Destruction of coral reefs.
Sec. 16. Enforcement.
Sec. 17. Permits.
Sec. 18. Regional, State, and Territorial coordination.
Sec. 19. Regulations.
Sec. 20. Effectiveness and assessment report.
Sec. 21. Authorization of appropriations.
Sec. 22. Judicial review.
Sec. 23. Definitions.

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

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

SEC. 3. PURPOSES.

    Section 202 (16 U.S.C. 6401) is amended to read as follows:

``SEC. 202. PURPOSES.

    ``The purposes of this Act are--
            ``(1) to preserve, sustain, and restore the condition of 
        coral reef ecosystems;
            ``(2) to promote the wise management and sustainable use of 
        coral reef ecosystems to benefit local communities, the Nation, 
        and the world;
            ``(3) to develop sound scientific information on the 
        condition of coral reef ecosystems and the threats to such 
        ecosystems;
            ``(4) to assist in the preservation of coral reef 
        ecosystems by supporting conservation programs, including 
        projects that involve affected local communities and 
        nongovernmental organizations;
            ``(5) to provide financial resources for those programs and 
        projects;
            ``(6) to establish a formal mechanism for collecting and 
        allocating monetary donations from the private sector to be 
        used for coral reef conservation projects; and
            ``(7) to provide mechanisms to prevent and minimize damage 
        to coral reefs.''.

SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

    Section 203 (16 U.S.C. 6402) is amended to read as follows:
    ``(a) In General.--Not later than 180 days after the date of the 
enactment of the Coral Reef Conservation Amendments Act of 2009, the 
Secretary shall submit to the Senate Committee on Commerce, Science, 
and Transportation and to the House of Representatives Committee on 
Natural Resources and publish in the Federal Register a national coral 
reef ecosystem action strategy, consistent with the purposes of this 
title. The Secretary shall periodically review and revise the strategy 
as necessary. In developing this national strategy, the Secretary may 
consult the Coral Reef Task Force established under Executive Order 
13089 (June 11, 1998).
    ``(b) Goals and Objectives.--The action strategy shall include a 
statement of goals and objectives as well as an implementation plan, 
including a description of the funds obligated each fiscal year to 
advance coral reef conservation. The action strategy and implementation 
plan shall include discussion of--
            ``(1) coastal uses and management, including land-based 
        sources of pollution;
            ``(2) climate change;
            ``(3) water and air quality;
            ``(4) mapping and information management;
            ``(5) research, monitoring, and assessment;
            ``(6) international and regional issues;
            ``(7) outreach and education;
            ``(8) local strategies developed by the States or Federal 
        agencies, including regional fishery management councils; and
            ``(9) conservation.''.

SEC. 5. CORAL REEF CONSERVATION PROGRAM.

    (a) In General.--Section 204 (16 U.S.C. 6403) is amended--
            (1) by striking ``Secretary, through the Administrator 
        and'' in subsection (a) and inserting ``Secretary,'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Eligibility.--Any natural resource management authority of a 
State or other government authority with jurisdiction over coral reef 
ecosystems, or whose activities directly or indirectly affect coral 
reef ecosystems, or educational or nongovernmental institutions with 
demonstrated expertise in the conservation of coral reef ecosystems, 
may submit a coral conservation proposal to the Secretary under 
subsection (e).'';
            (3) by striking ``Geographic and Biological'' in the 
        heading for subsection (d) and inserting ``Project'';
            (4) by striking paragraph (3) of subsection (d) and 
        inserting the following:
            ``(3) Remaining funds shall be awarded for--
                    ``(A) projects (with priority given to community-
                based local action strategies) that address emerging 
                priorities or threats, including international and 
                territorial priorities, or threats identified by the 
                Secretary; and
                    ``(B) other appropriate projects, as determined by 
                the Secretary, including monitoring and assessment, 
                research, pollution reduction, education, and technical 
                support.'';
            (5) by striking subsection (g) and inserting the following:
    ``(g) Criteria for Approval.--The Secretary may not approve a 
project proposal under this section unless the project is consistent 
with the coral reef action strategy under section 203 and will enhance 
the conservation of coral reef ecosystems nationally or internationally 
by--
            ``(1) implementing coral conservation programs which 
        promote sustainable development and ensure effective, long-term 
        conservation of coral reef ecosystems and biodiversity;
            ``(2) addressing the conflicts arising from the use of 
        environments near coral reef ecosystems or from the use of 
        corals, species associated with coral reef ecosystems, and 
        coral products;
            ``(3) enhancing compliance with laws that prohibit or 
        regulate the taking of coral products or species associated 
        with coral reef ecosystems or regulate the use and management 
        of coral reef ecosystems;
            ``(4) developing sound scientific information on the 
        condition of coral reef ecosystems or the threats to such 
        ecosystems and their biodiversity, including factors that cause 
        coral disease, ocean acidification, and bleaching;
            ``(5) promoting and assisting the implementation of 
        cooperative coral reef ecosystem conservation projects that 
        involve affected local communities, nongovernmental 
        organizations, or others in the private sector;
            ``(6) increasing public knowledge and awareness of coral 
        reef ecosystems and issues regarding their long-term 
        conservation, including how they function to protect coastal 
        communities;
            ``(7) mapping the location, distribution, and biodiversity 
        of coral reef ecosystems;
            ``(8) developing and implementing techniques to monitor and 
        assess the status and condition of coral reef ecosystems and 
        biodiversity;
            ``(9) developing and implementing cost-effective methods to 
        restore degraded coral reef ecosystems and biodiversity;
            ``(10) responding to, or taking action to help mitigate the 
        effects of, coral disease, ocean acidification, and bleaching 
        events;
            ``(11) promoting activities designed to prevent or minimize 
        damage to coral reef ecosystems, including the promotion of 
        ecologically sound navigation and anchorages; or
            ``(12) promoting and assisting entities to work with local 
        communities, and all appropriate governmental and 
        nongovernmental organizations, to support community-based 
        planning and management initiatives for the protection of coral 
        reef systems.''; and
            (6) by striking ``coral reefs'' in subsection (j) and 
        inserting ``coral reef ecosystems''.
    (b) Conforming Amendments.--Subsections (b), (d), (e), (f), (h), 
(i), and (j) of section 204 (16 U.S.C. 6403) are each amended by 
striking ``Administrator'' each place it appears and inserting 
``Secretary''.

SEC. 6. CORAL REEF CONSERVATION FUND.

    Section 205 (16 U.S.C. 6404) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Fund.--The Secretary may enter into agreements with nonprofit 
organizations promoting coral reef ecosystem conservation by 
authorizing such organizations to receive, hold, and administer funds 
received pursuant to this section. Such organizations shall invest, 
reinvest, and otherwise administer the funds and maintain such funds 
and any interest or revenues earned in a separate interest-bearing 
account (referred to in section 219(a) as the Fund) established by such 
organizations solely to support partnerships between the public and 
private sectors that further the purposes of this title and are 
consistent with the national coral reef action strategy under section 
203.'';
            (2) by striking ``the grant program'' in subsection (c) and 
        inserting ``any grant program''; and
            (3) by striking ``Administrator'' in subsections (c) and 
        (d) and inserting ``Secretary''.

SEC. 7. AGREEMENTS; REDESIGNATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended--
            (1) by redesignating section 206 (16 U.S.C. 6405) as 
        section 207;
            (2) by redesignating section 207 (16 U.S.C. 6406) as 
        section 208;
            (3) by redesignating section 208 (16 U.S.C. 6407) as 
        section 218;
            (4) by redesignating section 209 (16 U.S.C. 6408) as 
        section 219;
            (5) by redesignating section 210 (16 U.S.C. 6409) as 
        section 221; and
            (6) by inserting after section 205 (16 U.S.C. 6404) the 
        following:

``SEC. 206. AGREEMENTS.

    ``(a) In General.--The Secretary may execute and perform such 
contracts, leases, grants, cooperative agreements, or other 
transactions as may be necessary to carry out the purposes of this 
title.
    ``(b) Cooperative Agreements.--In addition to the general authority 
provided by subsection (a), the Secretary may enter into, extend, or 
renegotiate agreements with universities and research centers with 
national or regional coral reef research institutes to conduct 
ecological research and monitoring explicitly aimed at building 
capacity for more effective resource management. Pursuant to any such 
agreements these institutes shall--
            ``(1) collaborate directly with governmental resource 
        management agencies, non-profit organizations, and other 
        research organizations;
            ``(2) build capacity within resource management agencies to 
        establish research priorities, plan interdisciplinary research 
        projects and make effective use of research results; and
            ``(3) conduct public education and awareness programs for 
        policy makers, resource managers, and the general public on 
        coral reef ecosystems, best practices for coral reef and 
        ecosystem management and conservation, their value, and threats 
        to their sustainability.
    ``(c) Use of Other Agencies' Resources.--For purposes related to 
the conservation, preservation, protection, restoration, or replacement 
of coral reefs or coral reef ecosystems and the enforcement of this 
title, the Secretary is authorized to use, with their consent and with 
or without reimbursement, the land, services, equipment, personnel, and 
facilities of any Department, agency, or instrumentality of the United 
States, or of any State, local government, tribal government, Territory 
or possession, or of any political subdivision thereof, or of any 
foreign government or international organization.
    ``(d) Authority To Utilize Grant Funds.--
            ``(1) Except as provided in paragraph (2), the Secretary 
        may apply for, accept, and obligate research grant funding from 
        any Federal source operating competitive grant programs where 
        such funding furthers the purpose of this title.
            ``(2) The Secretary may not apply for, accept, or obligate 
        any grant funding under paragraph (1) for which the granting 
        agency lacks authority to grant funds to Federal agencies, or 
        for any purpose or subject to conditions that are prohibited by 
        law or regulation.
            ``(3) Appropriated funds may be used to satisfy a 
        requirement to match grant funds with recipient agency funds, 
        except that no grant may be accepted that requires a commitment 
        in advance of appropriations.
            ``(4) Funds received from grants shall be deposited in the 
        National Oceanic and Atmospheric Administration account for the 
        purpose for which the grant was awarded.
    ``(e) Transfer of Funds.--Under an agreement entered into pursuant 
to subsection (a), and subject to the availability of funds, the 
Secretary may transfer funds to, and may accept transfers of funds 
from, Federal agencies, instrumentalities and laboratories, State and 
local governments, Indian tribes (as defined in section 4 of the Indian 
Self-Determination and Educational Assistance Act (25 U.S.C. 450(b)), 
organizations and associations representing Native Americans, native 
Hawaiians, and Native Pacific Islanders, educational institutions, 
nonprofit organizations, commercial organizations, and other public and 
private persons or entities, except that no more than 5 percent of 
funds appropriated to carry out this section may be transferred. The 5 
percent limitation shall not apply to section 204 or section 210.''.

SEC. 8. EMERGENCY ASSISTANCE.

    Section 207 (formerly 16 U.S.C. 6405), as redesignated by section 7 
of this Act, is amended to read as follows:

``SEC. 207. EMERGENCY ASSISTANCE.

    ``The Secretary, in cooperation with the Federal Emergency 
Management Agency, as appropriate, may provide assistance to any State, 
local, or territorial government agency with jurisdiction over coral 
reef ecosystems to address any unforeseen or disaster-related 
circumstance pertaining to coral reef ecosystems.''.

SEC. 9. NATIONAL PROGRAM.

    Section 208 (formerly 16 U.S.C. 6406), as redesignated by section 7 
of this Act, is amended to read as follows:

``SEC. 208. NATIONAL PROGRAM.

    ``(a) In General.--Subject to the availability of appropriations, 
the Secretary may conduct activities, including with local, State, 
regional, or international programs and partners, as appropriate, to 
conserve coral reef ecosystems, that are consistent with this title, 
the National Marine Sanctuaries Act, the Coastal Zone Management Act of 
1972, the Magnuson-Stevens Fishery Conservation and Management Act, the 
Endangered Species Act of 1973, and the Marine Mammal Protection Act of 
1972.
    ``(b) Authorized Activities.--Activities authorized under 
subsection (a) include--
            ``(1) mapping, monitoring, assessment, restoration, 
        socioeconomic and scientific research that benefit the 
        understanding, sustainable use, biodiversity, and long-term 
        conservation of coral reef ecosystems;
            ``(2) enhancing public awareness, education, understanding, 
        and appreciation of coral reef ecosystems;
            ``(3) removing, and providing assistance to States in 
        removing, abandoned fishing gear, marine debris, and abandoned 
        vessels from coral reef ecosystems to conserve living marine 
        resources;
            ``(4) responding to incidents and events that threaten and 
        damage coral reef ecosystems;
            ``(5) conservation and management of coral reef ecosystems;
            ``(6) centrally archiving, managing, and distributing data 
        sets and providing coral reef ecosystem assessments and 
        services to the general public with local, regional, or 
        international programs and partners; and
            ``(7) activities designed to prevent or minimize damage to 
        coral reef ecosystems, including those activities described in 
        section 212 of this title.
    ``(c) Data Archive, Access, and Availability.--The Secretary, in 
coordination with similar efforts at other Departments and agencies 
shall provide for the long-term stewardship of environmental data, 
products, and information via data processing, storage, and archive 
facilities pursuant to this title. The Secretary may--
            ``(1) archive environmental data collected by Federal, 
        State, local agencies, and tribal organizations and federally 
        funded research;
            ``(2) promote widespread availability and dissemination of 
        environmental data and information through full and open access 
        and exchange to the greatest extent possible, including in 
        electronic format on the Internet;
            ``(3) develop standards, protocols, and procedures for 
        sharing Federal data with State and local government programs 
        and the private sector or academia; and
            ``(4) develop metadata standards for coral reef ecosystems 
        in accordance with Federal Geographic Data Committee 
        guidelines.
    ``(d) Emergency Response, Stabilization, and Restoration.--
            ``(1) Establishment of account.--The Secretary shall 
        establish an account (to be called the Emergency Response, 
        Stabilization, and Restoration Account) in the Damage 
        Assessment Restoration Revolving Fund established by the 
        Department of Commerce Appropriations Act, 1991 (33 U.S.C. 2706 
        note), for implementation of this subsection for emergency 
        actions. Amounts appropriated for the Account under section 
        219, and funds authorized by sections 213(d)(1)(C)(ii) and 
        214(f)(3)(B), shall be deposited into the Account and made 
        available for use by the Secretary as specified in sections 213 
        and 214.
            ``(2) Deposit and investment of certain funds.-- Any 
        amounts received by the United States pursuant to sections 
        213(d)(1)(C)(ii) and 212(f)(3)(B) shall be deposited into the 
        Emergency Response, Stabilization and Restoration Account 
        established under paragraph (1). The Secretary of Commerce may 
        request the Secretary of the Treasury to invest such portion of 
        the Damage Assessment Restoration Revolving Fund as is not, in 
        the judgment of the Secretary of Commerce, required to meet the 
        current needs of the fund. Such investments shall be made by 
        the Secretary of the Treasury in public debt securities, with 
        maturities suitable to the needs of the fund, as determined by 
        the Secretary of Commerce and bearing interest at rates 
        determined by the Secretary of the Treasury, taking into 
        consideration current market yields on outstanding marketable 
        obligations of the United States of comparable maturity. 
        Interest earned by such investments shall be available for use 
        by the Secretary without further appropriation and remain 
        available until expended.''.

SEC. 10. STUDY OF TRADE IN CORALS.

    (a) In General.--The Secretary of Commerce, in consultation with 
the Secretary of the Interior, shall conduct a study on the economic, 
social, and environmental values and impacts of the United States 
market in corals and coral products.
    (b) Contents.--The study shall--
            (1) assess the economic and other values of the United 
        States market in coral and coral products, including import and 
        export trade;
            (2) identify primary coral species used in the coral and 
        coral product trade and locations of wild harvest;
            (3) assess the environmental impacts associated with wild 
        harvest of coral;
            (4) assess the effectiveness of current public and private 
        programs aimed at promoting conservation in the coral and coral 
        product trade;
            (5) identify economic and other incentives for coral reef 
        conservation as part of the coral and coral product trade; and
            (6) identify additional actions, if necessary, to ensure 
        that the United States market in coral and coral products does 
        not contribute to the degradation of coral reef ecosystems.
    (c) Report.--Not later than 30 months after the date of enactment 
of this Act, the Secretary shall submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Natural Resources a report of the study.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $100,000.

SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 208, as redesignated by section 7 of this Act, the following:

``SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

    ``(a) International Coral Reef Conservation Activities.--
            ``(1) In general.--The Secretary shall carry out 
        international coral reef conservation activities consistent 
        with the purposes of this Act with respect to coral reef 
        ecosystems in waters outside the United States jurisdiction. 
        The Secretary shall develop and implement an international 
        coral reef ecosystem strategy pursuant to subsection (b).
            ``(2) Coordination.--In carrying out this subsection, the 
        Secretary shall consult with the Secretary of State, the 
        Administrator of the Agency for International Development, the 
        Secretary of the Interior, and other relevant Federal agencies, 
        and relevant United States stakeholders, and shall take into 
        account coral reef ecosystem conservation initiatives of other 
        nations, international agreements, and intergovernmental and 
        nongovernmental organizations so as to provide effective 
        cooperation and efficiencies in international coral reef 
        conservation. The Secretary may consult with the Coral Reef 
        Task Force in carrying out this subsection.
    ``(b) International Coral Reef Ecosystem Strategy.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Coral Reef Conservation Amendments Act of 
        2009, the Secretary shall submit to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Natural Resources, and publish in 
        the Federal Register, an international coral reef ecosystem 
        strategy, consistent with the purposes of this Act and the 
        national strategy required pursuant to section 203(a). The 
        Secretary shall periodically review and revise this strategy as 
        necessary.
            ``(2) Contents.--The strategy developed by the Secretary 
        under paragraph (1) shall--
                    ``(A) identify coral reef ecosystems throughout the 
                world that are of high value for United States marine 
                resources, that support high-seas resources of 
                importance to the United States such as fisheries, or 
                that support other interests of the United States;
                    ``(B) summarize existing activities by Federal 
                agencies and entities described in subsection (a)(2) to 
                address the conservation of coral reef ecosystems 
                identified pursuant to subparagraph (A);
                    ``(C) establish goals, objectives, and specific 
                targets for conservation of priority international 
                coral reef ecosystems;
                    ``(D) describe appropriate activities to achieve 
                the goals and targets for international coral reef 
                conservation, in particular those that leverage 
                activities already conducted under this Act;
                    ``(E) develop a plan to coordinate implementation 
                of the strategy with entities described in subsection 
                (a)(2) in order to leverage current activities under 
                this Act and other conservation efforts globally;
                    ``(F) identify appropriate partnerships, grants, or 
                other funding and technical assistance mechanisms to 
                carry out the strategy; and
                    ``(G) develop criteria for prioritizing 
                partnerships under subsection (c).
    ``(c) International Coral Reef Ecosystem Partnerships.--
            ``(1) In general.--The Secretary shall establish an 
        international coral reef ecosystem partnership program to 
        provide support, including funding and technical assistance, 
        for activities that implement the strategy developed pursuant 
        to subsection (b).
            ``(2) Mechanisms.--The Secretary shall provide such support 
        through existing authorities, working in collaboration with the 
        entities described in subsection (a)(2).
            ``(3) Agreements.--The Secretary may execute and perform 
        such contracts, leases, grants, cooperative agreements, or 
        other transactions as may be necessary to carry out the 
        purposes of this section.
            ``(4) Transfer of funds.--To implement this section and 
        subject to the availability of funds, the Secretary may 
        transfer funds to a foreign government or international 
        organization, and may accept transfers of funds from such 
        entities, except that no more than 5 percent of funds 
        appropriated to carry out this section may be transferred.
            ``(5) Criteria for approval.--The Secretary may not approve 
        a partnership proposal under this section unless the 
        partnership is consistent with the international coral reef 
        conservation strategy developed pursuant to subsection (b), and 
        meets the criteria specified in that strategy.''.

SEC. 12. COMMUNITY-BASED PLANNING GRANTS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 209, as added by section 11 of this Act, the following:

``SEC. 210. COMMUNITY-BASED PLANNING GRANTS.

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

SEC. 13. VESSEL GROUNDING INVENTORY.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 210, as added by section 12 of this Act, the following:

``SEC. 211. VESSEL GROUNDING INVENTORY.

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

SEC. 14. PROHIBITED ACTIVITIES.

    (a) In General.--The Act (16 U.S.C. 6401 et seq.) is amended by 
inserting after section 211, as added by section 13 of this Act, the 
following:

``SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

    ``(a) Provisions as Complementary.--The provisions of this section 
are in addition to, and shall not affect the operation of, other 
Federal, State, or local laws or regulations providing protection to 
coral reef ecosystems.
    ``(b) Destruction, Loss, Taking, or Injury.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        is unlawful for any person to destroy, take, cause the loss of, 
        or injure any coral reef or any component thereof.
            ``(2) Exceptions.--The destruction, loss, taking, or injury 
        of a coral reef or any component thereof is not unlawful if 
        it--
                    ``(A) was caused by the use of fishing gear used in 
                a manner permitted under the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) or other Federal or State law;
                    ``(B) was caused by an activity that is authorized 
                or allowed by Federal or State law (including lawful 
                discharges from vessels, such as graywater, cooling 
                water, engine exhaust, ballast water, or sewage from 
                marine sanitation devices), unless the destruction, 
                loss, or injury resulted from actions such as vessel 
                groundings, vessel scrapings, anchor damage, excavation 
                not authorized by Federal or State permit, or other 
                similar activities;
                    ``(C) was the necessary result of bona fide marine 
                scientific research (including marine scientific 
                research activities approved by Federal, State, or 
                local permits), other than excessive sampling or 
                collecting, or actions such as vessel groundings, 
                vessel scrapings, anchor damage, excavation, or other 
                similar activities;
                    ``(D) was caused by a Federal Government agency--
                            ``(i) during--
                                    ``(I) an emergency that posed an 
                                unacceptable threat to human health or 
                                safety or to the marine environment;
                                    ``(II) an emergency that posed a 
                                threat to national security; or
                                    ``(III) an activity necessary for 
                                law enforcement or search and rescue; 
                                and
                could not reasonably be avoided; or
                    ``(E) was caused by an action taken by the master 
                of the vessel in an emergency situation to ensure the 
                safety of the vessel or to save a life at sea.
    ``(c) Interference With Enforcement.--It is unlawful for any person 
to interfere with the enforcement of this title by--
            ``(1) refusing to permit any officer authorized to enforce 
        this title to board a vessel (other than a vessel operated by 
        the Department of Defense or United States Coast Guard) subject 
        to such person's control for the purposes of conducting any 
        search or inspection in connection with the enforcement of this 
        title;
            ``(2) resisting, opposing, impeding, intimidating, 
        harassing, bribing, interfering with, or forcibly assaulting 
        any person authorized by the Secretary to implement this title 
        or any such authorized officer in the conduct of any search or 
        inspection performed under this title; or
            ``(3) submitting false information to the Secretary or any 
        officer authorized to enforce this title in connection with any 
        search or inspection conducted under this title.
    ``(d) Violations of Title, Permit, or Regulation.--It is unlawful 
for any person to violate any provision of this title, any permit 
issued pursuant to this title, or any regulation promulgated pursuant 
to this title.
    ``(e) Possession and Distribution.--It is unlawful for any person 
to possess, sell, deliver, carry, transport, or ship by any means any 
coral taken in violation of this title.''.
    (b) Emergency Action Regulations.--The Secretary of Commerce shall 
initiate a rulemaking proceeding to prescribe the circumstances and 
conditions under which the exception in section 212(b)(2)(E) of the 
Coral Reef Conservation Act of 2000, as amended by subsection (a), 
applies and shall issue a final rule pursuant to that rulemaking as 
soon as practicable but not later than 1 year after the date of 
enactment of this Act. Nothing in this subsection shall be construed to 
require the issuance of such regulations before the exception provided 
by that section is in effect.

SEC. 15. DESTRUCTION OF CORAL REEFS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 212, as added by section 14 of this Act, the following:

``SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

    ``(a) Liability.--
            ``(1) Liability to the united states.--Except as provided 
        in subsection (f), all persons who engage in an activity that 
        is prohibited under subsections (b) or (d) of section 212, or 
        create an imminent risk thereof, are liable, jointly and 
        severally, to the United States for an amount equal to the sum 
        of--
                    ``(A) response costs and damages resulting from the 
                destruction, loss, taking, or injury, or imminent risk 
                thereof, including damages resulting from the response 
                actions;
                    ``(B) costs of seizure, forfeiture, storage, and 
                disposal arising from liability under this section; and
                    ``(C) interest on that amount calculated in the 
                manner described in section 1005 of the Oil Pollution 
                Act of 1990 (33 U.S.C. 2705).
            ``(2) Liability in rem.--
                    ``(A) Any vessel used in an activity that is 
                prohibited under subsection (b) or (d) of section 212, 
                or creates an imminent risk thereof, shall be liable in 
                rem to the United States for an amount equal to the sum 
                of--
                            ``(i) response costs and damages resulting 
                        from such destruction, loss, or injury, or 
                        imminent risk thereof, including damages 
                        resulting from the response actions;
                            ``(ii) costs of seizure, forfeiture, 
                        storage, and disposal arising from liability 
                        under this section; and
                            ``(iii) interest on that amount calculated 
                        in the manner described in section 1005 of the 
                        Oil Pollution Act of 1990 (33 U.S.C. 2705).
                    ``(B) The amount of liability shall constitute a 
                maritime lien on the vessel and may be recovered in an 
                action in rem in any district court of the United 
                States that has jurisdiction over the vessel.
            ``(3) Defenses.--A person or vessel is not liable under 
        this subsection if that person or vessel establishes that the 
        destruction, loss, taking, or injury was caused solely by an 
        act of God, an act of war, or an act or omission of a third 
        party (other than an employee or agent of the defendant or one 
        whose act or omission occurs in connection with a contractual 
        relationship, existing directly or indirectly with the 
        defendant), and the person or master of the vessel acted with 
        due care.
            ``(4) No Limit to liability.--Nothing in sections 30501 
        through 30512 or section 30706 of title 46, United States Code, 
        shall limit liability to any person under this title.
    ``(b) Response Actions and Damage Assessment.--
            ``(1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction, loss, or taking of, or injury to, coral reefs, or 
        components thereof, or to minimize the risk or imminent risk of 
        such destruction, loss, or injury.
            ``(2) Damage assessment.--
                    ``(A) The Secretary shall assess damages (as 
                defined in section 221(8)) to coral reefs and shall 
                consult with State officials regarding response and 
                damage assessment actions undertaken for coral reefs 
                within State waters.
                    ``(B) There shall be no double recovery under this 
                chapter for coral reef damages, including the cost of 
                damage assessment, for the same incident.
    ``(c) Commencement of Civil Action for Response Costs and 
Damages.--
            ``(1) Commencement.--The Attorney General, upon the request 
        of the Secretary, may commence a civil action against any 
        person or vessel that may be liable under subsection (a) of 
        this section for response costs, seizure, forfeiture, storage, 
        or disposal costs, and damages, and interest on that amount 
        calculated in the manner described in section 1005 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2705). The Secretary, acting 
        as trustee for coral reefs for the United States, shall submit 
        a request for such an action to the Attorney General whenever a 
        person or vessel may be liable for such costs or damages.
            ``(2) Venue in civil actions.--A civil action under this 
        title may be brought in the United States district court for 
        any district in which--
                    ``(A) the defendant is located, resides, or is 
                doing business, in the case of an action against a 
                person;
                    ``(B) the vessel is located, in the case of an 
                action against a vessel;
                    ``(C) the destruction, loss, or taking of, or 
                injury to a coral reef, or component thereof, occurred 
                or in which there is an imminent risk of such 
                destruction, loss, or injury; or
                    ``(D) where some or all of the coral reef or 
                component thereof that is the subject of the action is 
                not within the territory covered by any United States 
                district court, such action may be brought either in 
                the United States district court for the district 
                closest to the location where the destruction, loss, 
                injury, or risk of injury occurred, or in the United 
                States District Court for the District of Columbia.
    ``(d) Use of Recovered Amounts.--
            ``(1) In general.--Any costs, including response costs and 
        damages recovered by the Secretary under this section shall--
                    ``(A) be deposited into an account or accounts in 
                the Damage Assessment Restoration Revolving Fund 
                established by the Department of Commerce 
                Appropriations Act, 1991 (33 U.S.C. 2706 note), or the 
                Natural Resource Damage Assessment and Restoration Fund 
                established by the Department of the Interior and 
                Related Agencies Appropriations Act, 1992 (43 U.S.C. 
                1474b), as appropriate given the location of the 
                violation;
                    ``(B) be available for use by the Secretary without 
                further appropriation and remain available until 
                expended; and
                    ``(C) be for use, as the Secretary considers 
                appropriate--
                            ``(i) to reimburse the Secretary or any 
                        other Federal or State agency that conducted 
                        activities under subsection (a) or (b) of this 
                        section for costs incurred in conducting the 
                        activity;
                            ``(ii) to be transferred to the Emergency 
                        Response, Stabilization and Restoration Account 
                        established under section 208(d) to reimburse 
                        that account for amounts used for authorized 
                        emergency actions; and
                            ``(iii) after reimbursement of such costs, 
                        to restore, replace, or acquire the equivalent 
                        of any coral reefs, or components thereof, 
                        including the reasonable costs of monitoring, 
                        or to minimize or prevent threats of equivalent 
                        injury to, or destruction of coral reefs, or 
                        components thereof.
            ``(2) Restoration considerations.--In development of 
        restoration alternatives under paragraph (1)(C), the Secretary 
        shall consider State and territorial preferences and, if 
        appropriate, shall prioritize restoration projects with 
        geographic and ecological linkages to the injured resources.
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed within 3 years after the date on which the Secretary completes a 
damage assessment and restoration plan for the coral reefs, or 
components thereof, to which the action relates.
    ``(f) Federal Government Activities.--In the event of threatened or 
actual destruction of, loss of, or injury to a coral reef or component 
thereof resulting from an incident caused by a component of any 
Department or agency of the United States Government, the cognizant 
Department or agency shall satisfy its obligations under this section 
by promptly, in coordination with the Secretary, taking appropriate 
actions to respond to and mitigate the harm and restoring or replacing 
the coral reef or components thereof and reimbursing the Secretary for 
all assessment costs.
    ``(g) Uniformed Service Officers and Employees.--No officer or 
employee of a uniformed service (as defined in section 101 of title 10, 
United States Code) shall be held liable under this section, either in 
such officer's or employee's personal or official capacity, for any 
violation of section 212 occurring during the performance of the 
officer's or employee's official governmental duties.
    ``(h) Contract Employees.--No contract employee of a uniformed 
service (as so defined), serving as vessel master or crew member, shall 
be liable under this section for any violation of section 212 if that 
contract employee--
            ``(1) is acting as a contract employee of a uniformed 
        service under the terms of an operating contract for a vessel 
        owned by a uniformed service, or a time charter for pre-
        positioned vessels, special mission vessels, or vessels 
        exclusively transporting military supplies and materials; and
            ``(2) is engaged in an action or actions over which such 
        employee has been given no discretion (e.g., anchoring or 
        mooring at one or more designated anchorages or buoys, or 
        executing specific operational elements of a special mission 
        activity), as determined by the uniformed service controlling 
        the contract.''.

SEC. 16. ENFORCEMENT.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 213, as added by section 15 of this Act, the following:

``SEC. 214. ENFORCEMENT.

    ``(a) In General.--The Secretary shall conduct enforcement 
activities to carry out this title.
    ``(b) Powers of Authorized Officers.--
            ``(1) In general.--Any person who is authorized to enforce 
        this title may--
                    ``(A) board, search, inspect, and seize any vessel 
                or other conveyance suspected of being used to violate 
                this title, any regulation promulgated under this 
                title, or any permit issued under this title, and any 
                equipment, stores, and cargo of such vessel, except 
                that such authority shall not exist with respect to 
                vessels owned or time chartered by a uniformed service 
                (as defined in section 101 of title 10, United States 
                Code) as warships or naval auxiliaries;
                    ``(B) seize wherever found any component of coral 
                reef taken or retained in violation of this title, any 
                regulation promulgated under this title, or any permit 
                issued under this title;
                    ``(C) seize any evidence of a violation of this 
                title, any regulation promulgated under this title, or 
                any permit issued under this title;
                    ``(D) execute any warrant or other process issued 
                by any court of competent jurisdiction;
                    ``(E) exercise any other lawful authority; and
                    ``(F) arrest any person, if there is reasonable 
                cause to believe that such person has committed an act 
                prohibited by section 212.
            ``(2) Naval auxiliary defined.--In this subsection, the 
        term `naval auxiliary' means a vessel, other than a warship, 
        that is owned by or under the exclusive control of a uniformed 
        service and used at the time of the destruction, take, loss or 
        injury for government, non-commercial service, including combat 
        logistics force vessels, pre-positioned vessels, special 
        mission vessels, or vessels exclusively used to transport 
        military supplies and materials.
    ``(c) Civil Enforcement and Permit Sanctions.--
            ``(1) Civil administrative penalty.--Any person subject to 
        the jurisdiction of the United States who violates this title 
        or any regulation promulgated or permit issued hereunder, shall 
        be liable to the United States for a civil administrative 
        penalty of not more than $200,000 for each such violation, to 
        be assessed by the Secretary. Each day of a continuing 
        violation shall constitute a separate violation. In determining 
        the amount of civil administrative penalty, the Secretary shall 
        take into account the nature, circumstances, extent, and 
        gravity of the prohibited acts committed and, with respect to 
        the violator, the degree of culpability, and any history of 
        prior violations, and such other matters as justice may 
        require. In assessing such penalty, the Secretary may also 
        consider information related to the ability of the violator to 
        pay.
            ``(2) Permit sanctions.--For any person subject to the 
        jurisdiction of the United States who has been issued or has 
        applied for a permit under this title, and who violates this 
        title or any regulation or permit issued under this title, the 
        Secretary may deny, suspend, amend, or revoke in whole or in 
        part any such permit. For any person who has failed to pay or 
        defaulted on a payment agreement of any civil penalty or 
        criminal fine or liability assessed pursuant to any natural 
        resource law administered by the Secretary, the Secretary may 
        deny, suspend, amend or revoke in whole or in part any permit 
        issued or applied for under this title.
            ``(3) Imposition of civil judicial penalties.--Any person 
        who violates any provision of this title, any regulation 
        promulgated or permit issued thereunder, shall be subject to a 
        civil judicial penalty not to exceed $250,000 for each such 
        violation. Each day of a continuing violation shall constitute 
        a separate violation. The Attorney General, upon the request of 
        the Secretary, may commence a civil action in an appropriate 
        district court of the United States, and such court shall have 
        jurisdiction to award civil penalties and such other relief as 
        justice may require. In determining the amount of a civil 
        penalty, the court shall take into account the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior violations, and such other 
        matters as justice may require. In imposing such penalty, the 
        district court may also consider information related to the 
        ability of the violator to pay.
            ``(4) Notice.--No penalty or permit sanction shall be 
        assessed under this subsection until after the person charged 
        has been given notice and an opportunity for a hearing.
            ``(5) In rem jurisdiction.--A vessel used in violating this 
        title, any regulation promulgated under this title, or any 
        permit issued under this title, shall be liable in rem for any 
        civil penalty assessed for such violation. Such penalty shall 
        constitute a maritime lien on the vessel and may be recovered 
        in an action in rem in the district court of the United States 
        having jurisdiction over the vessel.
            ``(6) Collection of penalties.--If any person fails to pay 
        an assessment of a civil penalty under this section after it 
        has become a final and unappealable order, or after the 
        appropriate court has entered final judgment in favor of the 
        Secretary, the Secretary shall refer the matter to the Attorney 
        General, who shall recover the amount assessed in any 
        appropriate district court of the United States (plus interest 
        at current prevailing rates from the date of the final order). 
        In such action, the validity and appropriateness of the final 
        order imposing the civil penalty shall not be subject to 
        review. Any person who fails to pay, on a timely basis, the 
        amount of an assessment of a civil penalty shall be required to 
        pay, in addition to such amount and interest, attorney's fees 
        and costs for collection proceedings and a quarterly nonpayment 
        penalty for each quarter during which such failure to pay 
        persists. Such nonpayment penalty shall be in an amount equal 
        to 20 percent of the aggregate amount of such person's 
        penalties and nonpayment penalties that are unpaid as of the 
        beginning of such quarter.
            ``(7) Compromise or other action by Secretary.--The 
        Secretary may compromise, modify, or remit, with or without 
        conditions, any civil administrative penalty or permit sanction 
        which is or may be imposed under this section and that has not 
        been referred to the Attorney General for further enforcement 
        action.
            ``(8) Jurisidiction.--The several district courts of the 
        United States shall have jurisdiction over any actions brought 
        by the United States arising under this section. For the 
        purpose of this section, American Samoa shall be included 
        within the judicial district of the District Court of the 
        United States for the District of Hawaii. Each violation shall 
        be a separate offense and the offense shall be deemed to have 
        been committed not only in the district where the violation 
        first occurred, but also in any other district as authorized by 
        law.
    ``(d) Forfeiture.--
            ``(1) Criminal forfeiture.--A person who is convicted of an 
        offense in violation of this title shall forfeit to the United 
        States--
                    ``(A) any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of the 
                offense, including, without limitation, any coral reef 
                or coral reef component (or the fair market value 
                thereof); and
                    ``(B) any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of the offense, including, 
                without limitation, any vessel (including the vessel's 
                equipment, stores, catch and cargo), vehicle, aircraft, 
                or other means of transportation.
        Pursuant to section 2461(c) of title 28, United States Code, 
        the provisions of section 413 of the Controlled Substances Act 
        (21 U.S.C. 853) other than subsection (d) thereof shall apply 
        to criminal forfeitures under this section.
            ``(2) Civil forfeiture.--The property set forth below shall 
        be subject to forfeiture to the United States in accordance 
        with the provisions of chapter 46 of title 18, United States 
        Code, and no property right shall exist in it:
                    ``(A) Any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of a 
                violation of this title, including, without limitation, 
                any coral reef or coral reef component (or the fair 
                market value thereof).
                    ``(B) Any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of a violation of this title, 
                including, without limitation, any vessel (including 
                the vessel's equipment, stores, catch and cargo), 
                vehicle, aircraft, or other means of transportation.
            ``(3) Application of the customs laws.--All provisions of 
        law relating to seizure, summary judgment, and judicial 
        forfeiture and condemnation for violation of the customs laws, 
        the disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this title, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
            ``(4) Presumption.--For the purposes of this section there 
        is a rebuttable presumption that all coral reefs, or components 
        thereof, found on board a vessel that is used or seized in 
        connection with a violation of this title or of any regulation 
        promulgated under this title were taken, obtained, or retained 
        in violation of this title or of a regulation promulgated under 
        this title.
    ``(e) Payment of Storage, Care, and Other Costs.--Any person 
assessed a civil penalty for a violation of this title or of any 
regulation promulgated under this title and any claimant in a 
forfeiture action brought for such a violation, shall be liable for the 
reasonable costs incurred by the Secretary in storage, care, and 
maintenance of any property seized in connection with the violation.
    ``(f) Expenditures.--
            ``(1) Notwithstanding section 3302 of title 31, United 
        States Code, or section 311 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1861), amounts 
        received by the United States as civil penalties under 
        subsection (c) of this section, forfeitures of property under 
        subsection (d) of this section, and costs imposed under 
        subsection (e) of this section, shall--
                    ``(A) be placed into an account;
                    ``(B) be available for use by the Secretary without 
                further appropriation; and
                    ``(C) remain available until expended.
            ``(2) Amounts received under this section for forfeitures 
        under subsection (d) and costs imposed under subsection (e) 
        shall be used to pay the reasonable and necessary costs 
        incurred by the Secretary to provide temporary storage, care, 
        maintenance, and disposal of any property seized in connection 
        with a violation of this title or any regulation promulgated 
        under this title.
            ``(3) Amounts received under this section as civil 
        penalties under subsection (c) of this section and any amounts 
        remaining after the operation of paragraph (2) of this 
        subsection shall--
                    ``(A) be used to stabilize, restore, or otherwise 
                manage the coral reef with respect to which the 
                violation occurred that resulted in the penalty or 
                forfeiture;
                    ``(B) be transferred to the Emergency Response, 
                Stabilization, and Restoration Account established 
                under section 208(d) or an account described in section 
                213(d)(1) of this title, to reimburse such account for 
                amounts used for authorized emergency actions;
                    ``(C) be used to conduct monitoring and enforcement 
                activities;
                    ``(D) be used to conduct research on techniques to 
                stabilize and restore coral reefs;
                    ``(E) be used to conduct activities that prevent or 
                reduce the likelihood of future damage to coral reefs;
                    ``(F) be used to stabilize, restore or otherwise 
                manage any other coral reef; or
                    ``(G) be used to pay a reward to any person who 
                furnishes information leading to an assessment of a 
                civil penalty, or to a forfeiture of property, for a 
                violation of this title or any regulation promulgated 
                under this title.
    ``(g) Criminal Enforcement.--
            ``(1) Any person (other than a foreign government or any 
        entity of such government) who knowingly commits any act 
        prohibited by section 212(c) of this title shall be imprisoned 
        for not more than 5 years and shall be fined not more than 
        $500,000 for individuals or $1,000,000 for an organization; 
        except that if in the commission of any such offense the 
        individual uses a dangerous weapon, engages in conduct that 
        causes bodily injury to any officer authorized to enforce the 
        provisions of this title, or places any such officer in fear of 
        imminent bodily injury, the maximum term of imprisonment is not 
        more than 10 years.
            ``(2) Any person (other than a foreign government or any 
        entity of such government) who knowingly violates subsection 
        (b), (d), or (e) of section 212 shall be fined under title 18, 
        United States Code, or imprisoned not more than 5 years or 
        both.
            ``(3) Any person (other than a foreign government or any 
        entity of such government) who violates subsection (b), (d), or 
        (e) of section 212, and who, in the exercise of due care should 
        know that such person's conduct violates subsection (b), (d), 
        or (e) of section 212, shall be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both.
            ``(4) The several district courts of the United States 
        shall have jurisdiction over any actions brought by the United 
        States arising under this subsection. For the purpose of this 
        subsection, American Samoa shall be included within the 
        judicial district of the District Court of the United States 
        for the District of Hawaii. Each violation shall be a separate 
        offense and the offense shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district as authorized by law. Any 
        offenses not committed in any district are subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    ``(h) Subpoenas.--In the case of any investigation or hearing under 
this section or any other natural resource statute administered by the 
National Oceanic and Atmospheric Administration which is determined on 
the record in accordance with the procedures provided for under section 
554 of title 5, United States Code, the Secretary may issue subpoenas 
for the attendance and testimony of witnesses and the production of 
relevant papers, books, electronic files, and documents, and may 
administer oaths.
    ``(i) Coast Guard Authority Not Limited.--Nothing in this section 
shall be considered to limit the authority of the Coast Guard to 
enforce this or any other Federal law under section 89 of title 14, 
United States Code.
    ``(j) Injunctive Relief.--
            ``(1) If the Secretary determines that there is an imminent 
        risk of destruction or loss of or injury to a coral reef, or 
        that there has been actual destruction or loss of, or injury 
        to, a coral reef which may give rise to liability under section 
        213 of this title, the Attorney General, upon request of the 
        Secretary, shall seek to obtain such relief as may be necessary 
        to abate such risk or actual destruction, loss, or injury, or 
        to restore or replace the coral reef, or both. The district 
        courts of the Unites States shall have jurisdiction in such a 
        case to order such relief as the public interest and the 
        equities of the case may require.
            ``(2) Upon the request of the Secretary, the Attorney 
        General may seek to enjoin any person who is alleged to be in 
        violation of any provision of this title, or any regulation or 
        permit issued under this title, and the district courts shall 
        have jurisdiction to grant such relief.
    ``(k) Area of Application and Enforceability.--The area of 
application and enforceability of this title includes the internal 
waters of the United States, the territorial sea of the United States, 
as described in Presidential Proclamation 5928 of December 27, 1988, 
the Exclusive Economic Zone of the United States as described in 
Presidential Proclamation 5030 of March 10, 1983, and the continental 
shelf, consistent with international law.
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process, and for civil cases may also be 
served in a place not within the United States in accordance with rule 
4 of the Federal Rules of Civil Procedure.
    ``(m) Venue in Civil Actions.--A civil action under this title may 
be brought in the United States district court for any district in 
which--
            ``(1) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(2) the vessel is located, in the case of an action 
        against a vessel;
            ``(3) the destruction of, loss of, or injury to a coral 
        reef, or component thereof, occurred or in which there is an 
        imminent risk of such destruction, loss, or injury; or
            ``(4) where some or all of the coral reef or component 
        thereof that is the subject of the action is not within the 
        territory covered by any United States district court, such 
        action may be brought either in the United States district 
        court for the district closest to the location where the 
        destruction, loss, injury, or risk of injury occurred, or in 
        the United States District Court for the District of Columbia.
    ``(n) Uniformed Service Officers and Employees.--No officer or 
employee of a uniformed service (as defined in section 101 of title 10, 
United States Code) shall be held liable under this section, either in 
such officer's or employee's personal or official capacity, for any 
violation of section 212 occurring during the performance of the 
officer's or employee's official governmental duties.
    ``(o) Contract Employees.--No contract employee of a uniformed 
service (as so defined), serving as vessel master or crew member, shall 
be liable under this section for any violation of section 212 if that 
contract employee--
            ``(1) is acting as a contract employee of a uniformed 
        service under the terms of an operating contract for a vessel 
        owned by a uniformed service, or a time charter for pre-
        positioned vessels, special mission vessels, or vessels 
        exclusively transporting military supplies and materials; and
            ``(2) is engaged in an action or actions over which such 
        employee has been given no discretion (e.g., anchoring or 
        mooring at one or more designated anchorages or buoys, or 
        executing specific operational elements of a special mission 
        activity), as determined by the uniformed service controlling 
        the contract.''.

SEC. 17. PERMITS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 214, as added by section 16 of this Act, the following:

``SEC. 215. PERMITS.

    ``(a) In General.--The Secretary may allow for the conduct of--
            ``(1) bona fide research, and
            ``(2) activities that would otherwise be prohibited by this 
        title or regulations issued thereunder,
through issuance of coral reef conservation permits in accordance with 
regulations issued under this title.
    ``(b) Limitation of Non-Research Activities.--The Secretary may not 
issue a permit for activities other than for bona fide research unless 
the Secretary finds--
            ``(1) the activity proposed to be conducted is compatible 
        with one or more of the purposes in section 202(b) of this 
        title;
            ``(2) the activity conforms to the provisions of all other 
        laws and regulations applicable to the area for which such 
        permit is to be issued; and
            ``(3) there is no practicable alternative to conducting the 
        activity in a manner that destroys, causes the loss of, or 
        injures any coral reef or any component thereof.
    ``(c) Terms and Conditions.--The Secretary may place any terms and 
conditions on a permit issued under this section that the Secretary 
deems reasonable.
    ``(d) Fees.--
            ``(1) Assessment and collection.--Subject to regulations 
        issued under this title, the Secretary may assess and collect 
        fees as specified in this subsection.
            ``(2) Amount.--Any fee assessed shall be equal to the sum 
        of--
                    ``(A) all costs incurred, or expected to be 
                incurred, by the Secretary in processing the permit 
                application, including indirect costs; and
                    ``(B) if the permit is approved, all costs 
                incurred, or expected to be incurred, by the Secretary 
                as a direct result of the conduct of the activity for 
                which the permit is issued, including costs of 
                monitoring the conduct of the activity and educating 
                the public about the activity and coral reef resources 
                related to the activity.
            ``(3) Use of fees.--Amounts collected by the Secretary in 
        the form of fees under this section shall be collected and 
        available for use only to the extent provided in advance in 
        appropriations Acts and may be used by the Secretary for 
        issuing and administering permits under this section.
            ``(4) Waiver or reduction of fees.--For any fee assessed 
        under paragraph (2) of this subsection, the Secretary may--
                    ``(A) accept in-kind contributions in lieu of a 
                fee; or
                    ``(B) waive or reduce the fee.
    ``(e) Fishing.--Nothing in this section shall be considered to 
require a person to obtain a permit under this section for the conduct 
of any fishing activities not prohibited by this title or regulations 
issued thereunder.''.

SEC. 18. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 215, as added by section 17 of this Act, the following:

``SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

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

SEC. 19. REGULATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 216, as added by section 18, the following:

``SEC. 217. REGULATIONS.

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

SEC. 20. EFFECTIVENESS AND ASSESSMENT REPORT.

    Section 218 (formerly 16 U.S.C. 6407), as redesignated by section 7 
of this Act, is amended to read as follows:

``SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.

    ``(a) Effectiveness Report.--Not later than March 1, 2010, and 
every 3 years thereafter, the Secretary shall submit to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Natural Resources a report describing all 
activities undertaken to implement the strategy, including--
            ``(1) a description of the funds obligated by each 
        participating Federal agency to advance coral reef conservation 
        during each of the 3 fiscal years next preceding the fiscal 
        year in which the report is submitted;
            ``(2) a description of Federal interagency and cooperative 
        efforts with States and United States territories to prevent or 
        address overharvesting, coastal runoff, or other anthropogenic 
        impacts on coral reefs, including projects undertaken with the 
        Department of Interior, Department of Agriculture, the 
        Environmental Protection Agency, and the United States Army 
        Corps of Engineers;
            ``(3) a summary of the information contained in the vessel 
        grounding inventory established under section 210, including 
        additional authorization or funding, needed for response and 
        removal of such vessels; and
            ``(4) a description of Federal disaster response actions 
        taken pursuant to the National Response Plan to address damage 
        to coral reefs and coral reef ecosystems.
    ``(b) Assessment Report.--Not later than March 1, 2013, and every 5 
years thereafter, the Secretary will submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Natural Resources an assessment of the conditions of U.S. 
coral reefs, accomplishments under this Act, and the effectiveness of 
management actions to address threats to coral reefs.''.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

    Section 219 (formerly 16 U.S.C. 6408), as redesignated by section 7 
of this Act, is amended--
            (1) by striking ``$16,000,000 for each of fiscal years 
        2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
        ``$34,000,000 for fiscal year 2010, $36,000,000 for fiscal year 
        2011, $38,000,000 for fiscal year 2012, and $40,000,000 for 
        each of fiscal years 2013 through 2014, of which no less than 
        24 percent per year (for each of fiscal years 2010 through 
        2014) shall be used for the grant program under section 204, no 
        less than 6 percent shall be used for Fishery Management 
        Councils, and up to 10 percent per year shall be used for the 
        Fund established under section 205(a),'';
            (2) by striking ``$1,000,000'' in subsection (b) and 
        inserting ``$2,000,000'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Community-Based Planning Grants.--There are authorized to be 
appropriated to the Secretary to carry out section 210 $10,000,000 for 
fiscal years 2010 through 2014, to remain available until expended.''; 
and
            (4) by striking subsection (d) and inserting the following:
    ``(d) International Coral Reef Conservation Program.--There are 
authorized to be appropriated to the Secretary to carry out section 209 
$8,000,000 for each of fiscal years 2010 through 2014, to remain 
available until expended.''.

SEC. 22. JUDICIAL REVIEW.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 219, as redesignated by section 7 of this Act, the following:

``SEC. 220. JUDICIAL REVIEW.

    ``(a) In General.--Chapter 7 of title 5, United States Code, is not 
applicable to any action taken by the Secretary under this title, 
except that--
            ``(1) review of any final agency action of the Secretary 
        taken pursuant to sections 214(c)(1) and 214(c)(2) may be had 
        only by the filing of a complaint by an interested person in 
        the United States District Court for the appropriate district; 
        any such complaint must be filed within 30 days of the date 
        such final agency action is taken; and
            ``(2) review of any final agency action of the Secretary 
        taken pursuant to section 215 may be had by the filing of a 
        petition for review by an interested person in the Circuit 
        Court of Appeals of the United States for the federal judicial 
        district in which such person resides or transact business 
        which is directly affected by the action taken; such petition 
        shall be filed within 120 days from the date such final agency 
        action is taken.
    ``(b) No Review in Enforcement Proceedings.--Final agency action 
with respect to which review could have been obtained under subsection 
(a)(2) shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.
    ``(c) Cost of Litigation.--In any judicial proceeding under 
subsection (a), the court may award costs of litigation (including 
reasonable attorney and expert witness fees) to any prevailing party 
whenever it determines that such award is appropriate.''.

SEC. 23. DEFINITIONS.

    Section 221 (formerly 16 U.S.C. 6409), as redesignated by section 7 
of this Act, is amended to read as follows:

``SEC. 221. DEFINITIONS.

    ``In this title:
            ``(1) Biodiversity.--The term `biodiversity' means the 
        variability among living organisms from all sources including, 
        inter alia, terrestrial, marine, and other aquatic ecosystems 
        and the ecological complexes of which they are part, including 
        diversity within species, between species, and of ecosystems.
            ``(2) Bona fide research.--The term `bona fide research' 
        means scientific research on corals, the results of which are 
        likely--
                    ``(A) to be eligible for publication in a referred 
                scientific journal;
                    ``(B) to contribute to the basic knowledge of coral 
                biology or ecology; or
                    ``(C) to identify, evaluate, or resolve 
                conservation problems.
            ``(3) Coral.--The term `coral' means species of the phylum 
        Cnidaria, including--
                    ``(A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Gorgonacea (horny 
                corals), Stolonifera (organpipe corals and others), 
                Alcyonacea (soft corals), and Helioporacea (blue coral) 
                of the class Anthozoa; and
                    ``(B) all species of the families Milleporidea 
                (fire corals) and Stylasteridae (stylasterid 
                hydrocorals) of the class Hydrozoa.
            ``(4) Coral reef.--The term `coral reef' means limestone 
        structures composed in whole or in part of living corals, as 
        described in paragraph (3), their skeletal remains, or both, 
        and including other corals, associated sessile invertebrates 
        and plants, and associated seagrasses.
            ``(5) Coral reef component.--The term `coral reef 
        component' means any part of a coral reef, including individual 
        living or dead corals, associated sessile invertebrates and 
        plants, and any adjacent or associated seagrasses.
            ``(6) Coral reef ecosystem.--The term `coral reef 
        ecosystem' means the system of coral reefs and geographically 
        associated species, habitats, and environment, including any 
        adjacent or associated mangroves and seagrass habitats, and the 
        processes that control its dynamics.
            ``(7) Coral products.--The term `coral products' means any 
        living or dead specimens, parts, or derivatives, or any product 
        containing specimens, parts, or derivatives, of any species 
        referred to in paragraph (3).
            ``(8) Damages.--The term `damages' includes--
                    ``(A) compensation for--
                            ``(i) the cost of replacing, restoring, or 
                        acquiring the equivalent of the coral reef, or 
                        component thereof; and
                            ``(ii) the lost services of, or the value 
                        of the lost use of, the coral reef or component 
                        thereof, or the cost of activities to minimize 
                        or prevent threats of, equivalent injury to, or 
                        destruction of coral reefs or components 
                        thereof, pending restoration or replacement or 
                        the acquisition of an equivalent coral reef or 
                        component thereof;
                    ``(B) the reasonable cost of damage assessments 
                under section 213;
                    ``(C) the reasonable costs incurred by the 
                Secretary in implementing section 208(d);
                    ``(D) the reasonable cost of monitoring appropriate 
                to the injured, restored, or replaced resources;
                    ``(E) the reasonable cost of curation, conservation 
                and loss of contextual information of any coral 
                encrusted archaeological, historical, and cultural 
                resource;
                    ``(F) the cost of legal actions under section 213, 
                undertaken by the United States, associated with the 
                destruction or loss of, or injury to, a coral reef or 
                component thereof, including the costs of attorney time 
                and expert witness fees; and
                    ``(G) the indirect costs associated with the costs 
                listed in subparagraphs (A) through (F) of this 
                paragraph.
            ``(9) Emergency actions.--The term `emergency actions' 
        means all necessary actions to prevent or minimize the 
        additional destruction or loss of, or injury to, coral reefs or 
        components thereof, or to minimize the risk of such additional 
        destruction, loss, or injury.
            ``(10) Exclusive economic zone.--The term `Exclusive 
        Economic Zone' means the waters of the Exclusive Economic Zone 
        of the United States under Presidential Proclamation 5030, 
        dated March 10, 1983.
            ``(11) Person.--The term `person' means any individual, 
        private or public corporation, partnership, trust, institution, 
        association, or any other public or private entity, whether 
        foreign or domestic, private person or entity, or any officer, 
        employee, agent, Department, agency, or instrumentality of the 
        Federal Government, of any State or local unit of government, 
        or of any foreign government.
            ``(12) Response costs.--The term `response costs' means the 
        costs of actions taken or authorized by the Secretary to 
        minimize destruction or loss of, or injury to, a coral reef, or 
        component thereof, or to minimize the imminent risks of such 
        destruction, loss, or injury, including costs related to 
        seizure, forfeiture, storage, or disposal arising from 
        liability under section 213.
            ``(13) Secretary.--The term `Secretary' means--
                    ``(A) for purposes of sections 201 through 211, 
                sections 218 through 220 (except as otherwise provided 
                in subparagraph (B)), and the other paragraphs of this 
                section, the Secretary of Commerce, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration; and
                    ``(B) for purposes of sections 212 through 220--
                            ``(i) the Secretary of the Interior for any 
                        coral reef or component thereof located in (I) 
                        the National Wildlife Refuge System, (II) the 
                        National Park System, and (III) the waters 
                        surrounding Wake Island under the jurisdiction 
                        of the Secretary of the Interior, as set forth 
                        in Executive Order 11048 (27 Fed. Reg. 8851 
                        (September 4, 1962)); or
                            ``(ii) the Secretary of Commerce for any 
                        coral reef or component thereof located in any 
                        area not described in clause (i).
            ``(14) Service.--The term `service' means functions, 
        ecological or otherwise, performed by a coral reef or component 
        thereof.
            ``(15) State.--The term `State' means any State of the 
        United States that contains a coral reef ecosystem within its 
        seaward boundaries, American Samoa, Guam, the Northern Mariana 
        Islands, Puerto Rico, and the Virgin Islands, and any other 
        territory or possession of the United States, or separate 
        sovereign in free association with the United States, that 
        contains a coral reef ecosystem within its seaward boundaries.
            ``(16) Territorial sea.--The term `Territorial Sea' means 
        the waters of the Territorial Sea of the United States under 
        Presidential Proclamation 5928, dated December 27, 1988.''.
                                                       Calendar No. 643

111th CONGRESS

  2d Session

                                S. 2859

                          [Report No. 111-349]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 17, 2010

                       Reported without amendment
```