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 appro-
priate official 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. 
‘‘(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 appropriate offi-
cial in emergency response actions under this sec-
tion, using funds available for operations of the 
agency concerned. 
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‘‘(2) REIMBURSEMENT.—The appropriate offi-
cial, subject to the availability of appropriations, 
may reimburse a Federal or State agency for assist-
ance 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, 
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). 
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‘‘(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 
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— 
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‘‘(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 in— 
‘‘(I) an emergency that posed an un-
acceptable threat to human health or safe-
ty or to the marine environment; 
‘‘(II) an emergency that posed a 
threat to national security; or 
‘‘(III) an activity necessary for law 
enforcement purposes or search and res-
cue; and 
‘‘(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; 
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‘‘(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 appropriate official 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 appropriate 
official of such revocation. 
‘‘(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 
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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. 
‘‘(f) APPROPRIATE OFFICIAL DEFINED.—In this sec-
tion, the term ‘appropriate official’— 
‘‘(1) except as provided in paragraphs (2) and 
(3), means the Administrator of the National Oce-
anic and Atmospheric Administration; 
‘‘(2) except as provided in paragraph (3), 
means the Secretary of the Interior for purposes of 
application of this section to— 
‘‘(A) any unit of the National Park Sys-
tem; 
‘‘(B) any unit of the National Wildlife Ref-
uge System; or 
‘‘(C) any Marine National Monument that 
is designated under the Act of June 8, 1906 
(34 Stat. 225; 16 U.S.C. 431) (popularly 
known as the ‘Antiquities Act’) and that is 
under the administrative jurisdiction of the Sec-
retary of the Interior; and 
‘‘(3) means the Secretary of Commerce, with 
respect to any coral reef or component thereof that 
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is located in any Marine National Monument des-
ignated under the law referred to in paragraph 
(2)(C) and that is under the administrative jurisdic-
tion of the Secretary of Commerce.’’. 
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: 
‘‘(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 
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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.’’. 
(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 
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(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 
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: 
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‘‘(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— 
‘‘(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 
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‘‘(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, 2012, 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— 
‘‘(1) a description of the funds obligated by 
each participating Federal agency to advance coral 
reef conservation during each fiscal year of the 5-fis-
cal-year period preceding the fiscal year in which the 
report is submitted; 
‘‘(2) a description of Federal interagency and 
cooperative efforts with States and non-govern-
mental partner organizations to prevent or address 
overharvesting, coastal runoff, or other anthropo-
genic impacts on coral reef ecosystems, including 
projects undertaken with the Department of the In-
terior, the Department of Agriculture, the Environ-
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mental Protection Agency, and the Army Corps of 
Engineers; 
‘‘(3) a summary of the information contained in 
the vessel grounding inventory established under sec-
tion 210, including additional authorization or fund-
ing, needed for response and removal of such vessels; 
‘‘(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; and 
‘‘(5) an assessment of the condition of United 
States coral reefs, accomplishments under this Act, 
and the effectiveness of management actions to ad-
dress threats to coral reefs, including actions taken 
to address large-scale threats to coral reef eco-
systems related to climate change.’’. 
SEC. 105. FUND; GRANTS; GROUNDING INVENTORY; CO-
ORDINATION. 
The Act (16 U.S.C. 6401 et seq.) is amended— 
(1) in section 205(a) (16 U.S.C. 6404(a)), by 
striking ‘‘organization solely’’ and all that follows 
and inserting ‘‘organization— 
‘‘(1) to support partnerships between the public 
and private sectors that further the purposes of this 
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Act and are consistent with the national coral reef 
strategy under section 203; and 
‘‘(2) to address emergency response actions 
under section 206.’’; 
(2) by adding at the end of section 205(b) (16 
U.S.C. 6404(b)) the following: ‘‘The organization is 
encouraged to solicit funding and in-kind services 
from the private sector, including nongovernmental 
organizations, for emergency response actions under 
section 206 and for activities to prevent damage to 
coral reefs, including areas identified in section 
210(b)(2).’’; 
(3) in section 205(c) (16 U.S.C. 6404(c)), by 
striking ‘‘the grant program’’ and inserting ‘‘any 
grant program or emergency response action’’; 
(4) by redesignating sections 209 and 210 as 
sections 217 and 218, respectively; and 
(5) by inserting after section 208 the following: 
‘‘SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 
‘‘(a) IN GENERAL.—The Administrator may make 
grants to entities that are eligible to receive grants under 
section 204(c) 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 
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by the community and scientific experts as high priorities 
for focused attention. The plans shall— 
‘‘(1) support attainment of one or more of the 
criteria described in section 204(g); 
‘‘(2) be developed at the community level; 
‘‘(3) utilize where applicable watershed-based or 
ecosystem-based approaches; 
‘‘(4) provide for coordination with Federal and 
State experts and managers; 
‘‘(5) build upon local approaches or models, in-
cluding traditional or island-based resource manage-
ment concepts; and 
‘‘(6) complement local action strategies or re-
gional plans for coral reef conservation. 
‘‘(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. 210. VESSEL GROUNDING INVENTORY. 
‘‘(a) IN GENERAL.—The Administrator, in coordina-
tion with other Federal agencies, may maintain an inven-
tory of all vessel grounding incidents involving coral reefs, 
including a description of— 
‘‘(1) the impacts to such resources; 
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‘‘(2) vessel and ownership information, if avail-
able; 
‘‘(3) the estimated cost of removal, mitigation, 
or restoration; 
‘‘(4) the response action taken by the owner, 
the Administrator, the Commandant of the Coast 
Guard, or other Federal or State agency representa-
tives; 
‘‘(5) the status of the response action, including 
the dates of vessel removal and mitigation or res-
toration and any actions taken to prevent future 
grounding incidents; and 
‘‘(6) recommendations for additional naviga-
tional aids or other mechanisms for preventing fu-
ture grounding incidents. 
‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Ad-
ministrator may— 
‘‘(1) use information from any inventory main-
tained under subsection (a) or any other available 
information source to identify all coral reef areas 
that have a high incidence of vessel impacts, includ-
ing groundings and anchor damage; 
‘‘(2) identify appropriate measures, including 
action by other agencies, to reduce the likelihood of 
such impacts; and 
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‘‘(3) develop a strategy and timetable to imple-
ment such measures, including cooperative actions 
with other Government agencies and non-govern-
mental partners. 
‘‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDI-
NATION. 
‘‘(a) REGIONAL COORDINATION.—The Secretary and 
other Federal members of the United States Coral Reef 
Task Force shall work in coordination and collaboration 
with other Federal agencies and States to implement the 
strategies developed under section 203, including regional 
and local strategies, to address multiple threats to coral 
reefs and coral reef ecosystems such as coastal runoff, ves-
sel impacts, and overharvesting. 
‘‘(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 re-
sponse 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 up-
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this title, issue a permit authorizing the conduct of bona 
fide research. 
‘‘(b) EXEMPT ACTIVITIES.—No permit under this 
section is required for an activity that is exempt from li-
ability under section 206(e). 
‘‘(c) TERMS AND CONDITIONS.—The Administrator 
may place any terms and conditions on a permit issued 
under this section that the Administrator deems reason-
able. 
‘‘(d) FEES.— 
‘‘(1) ASSESSMENT AND COLLECTION.—Subject 
to regulations issued under this title, the Adminis-
trator 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 Administrator in processing 
the permit application, including indirect costs; 
and 
‘‘(B) if the permit is approved, all costs in-
curred, or expected to be incurred, by the Ad-
ministrator as a direct result of the conduct of 
the activity for which the permit is issued. 
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