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(1) by striking ‘‘or’’ after the semicolon in 
paragraph (9); 
(2) by striking paragraph (10); and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) promoting activities designed to minimize 
the likelihood of vessel impacts on coral reefs, par-
ticularly those areas identified under section 210(b), 
including the promotion of ecologically sound naviga-
tion and anchorages near coral reefs; or 
‘‘(11) promoting and assisting entities to work 
with local communities, and all appropriate govern-
mental and nongovernmental organizations, to sup-
port community-based planning and management 
initiatives for the protection of coral reef eco-
systems.’’. 
SEC. 102. EMERGENCY RESPONSE. 
Section 206 (16 U.S.C. 6405) is amended to read as 
follows: 
‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. 
‘‘(a) IN GENERAL.—The Administrator may under-
take or authorize action necessary— 
‘‘(1) to minimize the destruction of or injury to 
a coral reef, or loss of an ecosystem function of a 
coral reef, from— 
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‘‘(A) vessel impacts, derelict fishing gear, 
vessel anchors, and anchor chains; and 
‘‘(B) from unforeseen or disaster-related 
circumstances as a result of human activities; 
and 
‘‘(2) to stabilize, repair, recover, or restore a 
coral reef that is destroyed or injured, or that has 
incurred the loss of an ecosystem function, as de-
scribed in paragraph (1). 
‘‘(b) VESSEL REMOVAL; STABILIZATION.—Action au-
thorized by subsection (a) includes vessel removal and 
emergency stabilization of the vessel or any impacted coral 
reef. 
‘‘(c) PARTNERING WITH OTHER FEDERAL
AND 
STATE AGENCIES.—When possible, action by the Admin-
istrator under this section should— 
‘‘(1) be conducted in partnership with other 
government agencies as appropriate, including— 
‘‘(A) the Coast Guard, the Federal Emer-
gency Management Agency, the Army Corps of 
Engineers, the Environmental Protection Agen-
cy, and the Department of the Interior; and 
‘‘(B) agencies of States; and 
‘‘(2) leverage resources of other agencies. 
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‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY OTHER 
FEDERAL AND STATE AGENCIES.— 
‘‘(1) IN GENERAL.—The head of any other Fed-
eral or State agency may assist the Administrator in 
emergency response actions under this section, using 
funds available for operations of the agency con-
cerned. 
‘‘(2) REIMBURSEMENT.—The Administrator, 
subject to the availability of appropriations, may re-
imburse a Federal or State agency for assistance 
provided under paragraph (1). 
‘‘(e) LIABILITY FOR COSTS AND DAMAGES TO CORAL 
REEFS.— 
‘‘(1) TREATMENT OF CORAL REEFS UNDER NA-
TIONAL MARINE SANCTUARIES ACT.—For purposes 
of the provisions set forth in paragraph (2), and 
subject to paragraph (5), each of the terms ‘sanc-
tuary resources’, ‘resource’, ‘sanctuary resource 
managed under law or regulations for that sanc-
tuary’, ‘national marine sanctuary’, ‘sanctuary re-
sources of the national marine sanctuary’, and ‘sanc-
tuary resources of other national marine sanctuaries’ 
is deemed to include any coral reef that is subject 
to the jurisdiction of the United States or any State, 
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without regard to whether such coral reef is located 
in a national marine sanctuary. 
‘‘(2) APPLICABLE
PROVISIONS
OF
NATIONAL 
MARINE SANCTUARIES ACT.—The provisions referred 
to in paragraph (1) are the following provisions of 
the National Marine Sanctuaries Act: 
‘‘(A) Paragraphs (6) and (7) of section 
302 (16 U.S.C. 1432). 
‘‘(B) Paragraphs (1), (2), (3), and (4) of 
section 306 (16 U.S.C. 1436). 
‘‘(C) Section 307 (16 U.S.C. 1437). 
‘‘(D) Section 312 (16 U.S.C. 1443). 
‘‘(3) EXEMPTIONS.—The destruction, loss, or 
injury of a coral reef or any component thereof is 
not unlawful if it was— 
‘‘(A) caused by the use of fishing gear in 
a manner that is not prohibited under the Mag-
nuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1801 et seq.) or other 
Federal or State law; or 
‘‘(B) caused by an activity that is author-
ized by Federal or State law, including any law-
ful discharge from a vessel of graywater, cool-
ing water, engine exhaust, ballast water, or 
sewage from a marine sanitation device, unless 
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the destruction, loss, or injury is a result of a 
vessel grounding, a vessel scraping, anchor 
damage, or excavation that is not authorized by 
a Federal or State permit; 
‘‘(C) the necessary result of bona fide ma-
rine scientific research (including marine sci-
entific research activities approved by Federal, 
State, or local permits), other than— 
‘‘(i) sampling or collecting; and 
‘‘(ii) destruction, loss, or injury that is 
a result of a vessel grounding, a vessel 
scraping, anchor damage, or excavation 
that is not authorized by a Federal or 
State permit; or 
‘‘(D)(i) caused by a Federal Government 
agency inl 
‘‘(I) an emergency that posed an 
unacceptable threat to human health 
or safety or to the marine environ-
ment; 
‘‘(II) an emergency that posed a 
threat to national security; or 
‘‘(III) an activity necessary for 
law enforcement purposes or search 
and rescue; and 
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‘‘(ii) could not be avoided. 
‘‘(4) CLARIFICATION OF LIABILITY.—A person 
is not liable under this subsection if that person es-
tablishes that— 
‘‘(A) the destruction or loss of, or injury 
to, the coral reef or coral reef ecosystem was 
caused solely by an act of God, an act of war, 
or an act of omission of a third party, and the 
person acted with due care; 
‘‘(B) the destruction, loss, or injury was 
caused by an activity authorized by Federal or 
State law; or 
‘‘(C) the destruction, loss, or injury was 
negligible. 
‘‘(5) STATE CONSENT REQUIRED.— 
‘‘(A) IN GENERAL.—This subsection shall 
not apply to any coral reef that is subject to the 
jurisdiction of a State unless the Governor of 
that State notifies the Secretary that the State 
consents to that application. 
‘‘(B) REVOCATION
OF
CONSENT.—The 
governor of a State may revoke consent under 
subparagraph (A) by notifying the Secretary of 
such revocation. 
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‘‘(6) CONSISTENCY WITH INTERNATIONAL LAWS 
AND TREATIES.— 
‘‘(A) IN
GENERAL.—Any action taken 
under the authority of this subsection must be 
consistent with otherwise applicable inter-
national laws and treaties. 
‘‘(B) ACTIONS
AUTHORIZED
WITH
RE-
SPECT TO VESSELS.—For purposes of subpara-
graph (A), actions authorized under this sub-
section include vessel removal, and emergency 
re-stabilization of a vessel and any coral reef 
that is impacted by a vessel. 
‘‘(7) LIABILITY UNDER OTHER PROVISIONS.— 
Nothing in this title shall alter the liability of any 
person under any other provision of law.’’. 
SEC. 103. NATIONAL PROGRAM. 
(a) PURPOSE
OF ACT.—Section 202 (16 U.S.C. 
6401) is amended— 
(1) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively, and 
by inserting after paragraph (1) the following: 
‘‘(2) to promote the resilience of coral reef eco-
systems;’’. 
(2) by amending paragraph (4), as so redesig-
nated, to read as follows: 
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‘‘(4) to develop sound scientific information on 
the condition of coral reef ecosystems and the 
threats to such ecosystems including large-scale 
threats related to climate change, such as ocean 
acidification, to benefit local communities and the 
Nation, and to the extent practicable to support and 
enhance management and research capabilities at 
local management agencies and local research and 
academic institutions;’’; and 
(3) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (6), as so redesignated, by striking 
the period at the end of paragraph (7), as so redes-
ignated, and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(8) to recognize the benefits of healthy coral 
reefs to island and coastal communities and to en-
courage Federal action to ensure, to the maximum 
extent practicable, the continued availability of those 
benefits.’’. 
(b) GOALS AND OBJECTIVES OF NATIONAL CORAL 
REEF ACTION STRATEGY.—Section 203(b)(8) (16 U.S.C. 
6402(b)(8)) is amended to read as follows: 
‘‘(8) conservation, including resilience and the 
consideration of island and local traditions and prac-
tices.’’. 
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(c) AMENDMENTS RELATING
TO ACTIVITIES TO 
CONSERVE
CORAL
REEFS
AND
CORAL
REEF
ECO-
SYSTEMS.—Section 207(b) (16 U.S.C. 6406(b)) is amend-
ed— 
(1) in paragraph (3) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (4)— 
(A) by striking ‘‘cooperative conservation’’ 
and inserting ‘‘cooperative research, conserva-
tion,’’; and 
(B) by striking ‘‘partners.’’ and inserting 
‘‘partners, including academic institutions lo-
cated in States;’’; and 
(3) by adding at the end the following: 
‘‘(5) improving and promoting the resilience of 
coral reefs and coral reef ecosystems; and 
‘‘(6) activities designed to minimize the likeli-
hood of vessel impacts or other physical damage to 
coral reefs, including those areas identified in sec-
tion 210(b).’’. 
(d) CRITERIA
FOR APPROVAL
OF PROJECT PRO-
POSALS.—Section 204(g) (16 U.S.C. 6403(g)) is further 
amended by striking ‘‘or’’ after the semicolon at the end 
of paragraph (10), by redesignating paragraph (11) as 
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paragraph (12), and by inserting after paragraph (10) the 
following: 
‘‘(11) improving and promoting the resilience of 
coral reefs and coral reef ecosystems; or’’. 
(e) DATA ARCHIVE, ACCESS, AND AVAILABILITY.— 
Section 207 (16 U.S.C. 6406) is amended— 
(1) in subsection (b) (as amended by subsection 
(b) of this section) by striking ‘‘and’’ after the semi-
colon at the end of paragraph (5), by striking the 
period at the end of paragraph (6) and inserting ‘‘; 
and’’, and by adding at the end the following: 
‘‘(7) centrally archiving, managing, and distrib-
uting data sets and providing coral reef ecosystem 
assessments and services to the general public with 
local, regional, or international programs and part-
ners.’’; and 
(2) by adding at the end the following: 
‘‘(c) DATA ARCHIVE, ACCESS, AND AVAILABILITY.— 
The Secretary, in coordination with similar efforts at other 
Departments and agencies shall provide for the long-term 
stewardship of environmental data, products, and informa-
tion via data processing, storage, and archive facilities 
pursuant to this title. The Secretary may— 
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‘‘(1) archive environmental data collected by 
Federal, State, local agencies and tribal organiza-
tions and federally funded research; 
‘‘(2) promote widespread availability and dis-
semination of environmental data and information 
through full and open access and exchange to the 
greatest extent possible, including in electronic for-
mat on the Internet; 
‘‘(3) develop standards, protocols and proce-
dures for sharing Federal data with State and local 
government programs and the private sector or aca-
demia; and 
‘‘(4) develop metadata standards for coral reef 
ecosystems in accordance with Federal Geographic 
Data Committee guidelines.’’. 
SEC. 104. REPORT TO CONGRESS. 
Section 208 (16 U.S.C. 6407) is amended to read as 
follows: 
‘‘SEC. 208. REPORT TO CONGRESS. 
‘‘Not later than March 1, 2010, and every 5 years 
thereafter, the Administrator shall submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a report describing all activities 
undertaken to implement the strategy, including— 
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