[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1583 Introduced in Senate (IS)]


110th CONGRESS
  1st Session
                                S. 1583

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2007

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE AND REFERENCES.

    (a) This Act may be cited as the ``Coral Reef Ecosystem 
Conservation Amendments Act of 2007''.
    (b) Except as otherwise expressly provided, whenever in this bill 
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. 2. REDESIGNATIONS.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by redesignating--
            (1) section 206 (16 U.S.C. 6405) as section 207;
            (2) section 207 (16 U.S.C. 6406) as section 208;
            (3) section 208 (16 U.S.C. 6407) as section 215;
            (4) section 209 (16 U.S.C. 6408) as section 216; and
            (5) section 210 (16 U.S.C. 6409) as section 217.

SEC. 3. FINDINGS AND PURPOSES.

    Section 202 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6401) is amended to read as follows:

``SEC. 202. FINDINGS AND PURPOSES.

    ``(a) The Congress finds that--
            ``(1) coral reefs contain high biological diversity and 
        serve important ecosystem functions;
            ``(2) coral reef resources provide economic and 
        environmental benefits in the form of food, jobs, natural 
        products, and pharmaceuticals;
            ``(3) coral reefs are the basis of thriving commercial and 
        recreational fishing and tourism industries;
            ``(4) a combination of stressors, including climate change, 
        has caused a rapid decline in the health of many coral reef 
        ecosystems globally;
            ``(5) natural stressors on coral reefs are compounded by 
        human impacts including pollution, overfishing, and physical 
        damage; and
            ``(6) healthy coral reefs provide shoreline protection for 
        coastal communities and resources.
    ``(b) The purposes of this title 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 address injuries to coral 
        reefs.''.

SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

    Section 203(a) of the Coral Reef Conservation Act of 2000 (16 
U.S.C. 6402(a)) is amended to read as follows:
    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and to the 
Committee on Natural Resources of the House of Representatives and 
publish in the Federal Register a national coral reef 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 shall consult with the Coral Reef 
Task Force established under Executive Order 13089 (June 11, 1998).''.

SEC. 5. CORAL REEF CONSERVATION PROGRAM.

    Section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6403) is amended--
            (1) throughout by striking ``Administrator'' and inserting 
        ``Secretary'';
            (2) by amending subsection (a) to read as follows:
    ``(a) D23/Grants.--The Secretary, subject to the availability of 
funds, shall provide grants of financial assistance for projects for 
the conservation of coral reef ecosystems (hereafter in this title 
referred to as `coral conservation projects'), for proposals approved 
by the Secretary in accordance with this section.'';
            (3) by amending subsection (c) to read as follows:
    ``(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 to the Secretary a coral conservation proposal under 
subsection (e).'';
            (4) by striking subsection (d) and renumbering the 
        subsequent sections as (d) through (i);
            (5) in subparagraph (e)(2)(A), as redesignated, by striking 
        ``Magnuson- Stevens'' and inserting ``Magnuson-Stevens'';
            (6) by amending subsection (f), as redesignated, to read as 
        follows:
    ``(f) 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 and bleaching;
            ``(5) promoting and assisting to implement 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 coral disease and bleaching events; or
            ``(11) promoting ecologically sound navigation and 
        anchorages near coral reef ecosystems.''; and
            (7) in subsection (i), as redesignated, by striking ``coral 
        reefs'' and inserting ``coral reef ecosystems''.

SEC. 6. CORAL REEF CONSERVATION FUND.

    Section 205 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6404) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(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, hereafter referred to as the Fund, established by such 
organizations solely to support partnerships between the public and 
private sectors that further the purposes of this Act and are 
consistent with the national coral reef action strategy under section 
203.'';
            (2) in subsection (c) by striking ``Administrator'' and 
        inserting ``Secretary'';
            (3) in subsection (c) by striking ``the grant program'' and 
        inserting ``any grant program''; and
            (4) in subsection (d) by striking ``Administrator'' and 
        inserting ``Secretary''.

SEC. 7. AGREEMENTS.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 206 as follows:

``SEC. 206. AGREEMENTS.

    ``(a) The Secretary shall have the authority to enter into and 
perform such contracts, leases, grants, or cooperative agreements as 
may be necessary to carry out the purposes of this Act.
    ``(b) For purposes related to the conservation, preservation, 
protection, restoration or replacement of coral reefs or coral reef 
ecosystems and the enforcement of this Act, 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, Indian tribal government, Territory or possession, or of 
any political subdivision thereof, or of any foreign government or 
international organization.
    ``(c) Authority To Utilize Grant Funds.--
            ``(1) Except as provided in paragraph (2), the Secretary is 
        authorized to apply for, accept, and obligate research grant 
        funding from any federal source operating competitive grant 
        programs where such funding furthers the purpose of this Act.
            ``(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 that 
        serves to accomplish the purpose for which the grant was 
        awarded.''.

SEC. 8. EMERGENCY ASSISTANCE.

    Section 207 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6405), as redesignated by section 2, 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 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6406), as redesignated by section 2, 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, 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 reefs ecosystems to conserve living marine 
        resources;
            ``(4) responding to incidents and events that threaten and 
        damage coral reef ecosystems, including disease and bleaching;
            ``(5) cooperative conservation and management of coral reef 
        ecosystems; and
            ``(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.
    ``(c) Data Archive, Access, and Availability.--The Secretary, in 
coordination with similar efforts at other Departments and agencies, as 
appropriate, shall provide for long-term stewardship of environmental 
data, products, and information via data processing, storage, and 
archive facilities, pursuant to this Act. To implement this provision, 
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.--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 Public Law 101-
515, 104 Stat. 2101 (1990) (33 U.S.C. 2706 note), for implementation of 
this subsection for emergency actions. There are authorized to be 
deposited into the Emergency Response, Stabilization and Restoration 
Account amounts which are authorized to be appropriated for such 
Account pursuant to section 216, and funds which are authorized by 
sections 210(d)(3)(B) and 211(f)(3)(B). Amounts in the Emergency 
Response, Stabilization and Restoration Account shall be available for 
use by the Secretary as specified in sections 210 and 211.''.

SEC. 10. PROHIBITED ACTIVITIES.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 209 as follows:

``SEC. 209. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

    ``The provisions in 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 reefs. It is unlawful for any 
person to--
            ``(1) destroy, cause the loss of, or injure any coral reef 
        or any component thereof, except--
                    ``(A) if the destruction, loss, or injury was 
                caused by the use of fishing gear; provided, however, 
                that such gear is used in a manner not prohibited under 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act, 16 U.S.C. 1801 et seq., or other 
                Federal or State law;
                    ``(B) if the destruction, loss, or injury was 
                caused by an activity that is authorized by Federal or 
                State law including, but not limited to, lawful 
                discharges from vessels of graywater, cooling water, 
                engine exhaust, ballast water and sewage from marine 
                sanitation devices; provided, however, that such 
                activity shall not be construed to include actions such 
                as vessel groundings, vessel scrapings, anchor damage, 
                excavation not authorized by Federal or State permit, 
                or other similar activities;
                    ``(C) if the destruction, loss, or injury was the 
                necessary result of bona fide marine scientific 
                research; provided, however, that conduct of such 
                research shall not be construed to include excessive 
                sampling or collecting, or actions such as vessel 
                groundings, vessel scrapings, anchor damage, 
                excavation, or other similar activities; provided 
                further, however, that marine scientific research 
                activities approved by State or local permits qualify 
                as bona fide marine scientific research;
                    ``(D) if the destruction, loss, or injury--
                            ``(i) was caused by a Federal Government 
                        agency 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
                            ``(ii) could not reasonably be avoided;
            ``(2) interfere with the enforcement of this Act by--
                    ``(A) refusing to permit any officer authorized to 
                enforce this Act 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 Act;
                    ``(B) resisting, opposing, impeding, intimidating, 
                harassing, bribing, interfering with, or forcibly 
                assaulting any person authorized by the Secretary to 
                implement this Act or any such authorized officer in 
                the conduct of any search or inspection performed under 
                this Act; or
                    ``(C) submitting false information to the Secretary 
                or any officer authorized to enforce this Act in 
                connection with any search or inspection conducted 
                under this Act.
            ``(3) violate any provision of this Act, any permit issued 
        pursuant to this Act, or any regulation promulgated pursuant to 
        this Act.''.

SEC. 11. DESTRUCTION OF CORAL REEFS.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 210 as follows:

``SEC. 210. DESTRUCTION OR LOSS OF, OR INJURY TO, CORAL REEFS.

    ``(a) Liability.--
            ``(1) Liability to the United States.--Except as provided 
        insubsection (f), all persons who engage in an activity that is 
        prohibited under sections 209(a) or 209(c), 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, 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 under section 2705 of Title 33.
            ``(2) Liability in rem.--
                    ``(A) Any vessel used in an activity that is 
                prohibited under sections 209(a) or 209(c), 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 under section 2705 of 
                        Title 33.
                    ``(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 is not liable under this 
        subsection if that person establishes that the destruction, 
        loss, 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 
        acted with due care.
            ``(4) Limits to liability.--Nothing in sections 30501 to 
        30512 or 30706 of Title 46 shall limit liability to any person 
        under this Act.
    ``(b) Response Actions and Damage Assessment.--
            ``(1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction or loss 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 to coral 
                reefs in accordance with the damages definition in 
                section 217 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 under section 2705 of Title 
        33. 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 may be liable for such costs 
        or damages.
            ``(2) Venue in Civil Actions.--A civil action under this 
        Act 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 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
                    ``(D) where some or all of the coral reef(s) or 
                componentsthereof that are the subject of the action 
                are 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.--Any costs, including response 
costs and damages recovered by the Secretary under this section shall--
            ``(1) as appropriate be deposited into an account or 
        accounts in the Damage Assessment Restoration Revolving Fund 
        established by Public Law 101-515, 104 Stat. 2101 (1990) (33 
        U.S.C. 2706 note), or the Natural Resource Damage Assessment 
        Fund created pursuant to Title I of Public Law 102-154, 105 
        Stat. 990 (1991);
            ``(2) be available for use by the Secretary without further 
        appropriation and remain available until expended;
            ``(3) and shall be for use, as the Secretary considers 
        appropriate, as follows:
                    ``(A) to reimburse the Secretary or any other 
                Federal or State agency that conducted activities under 
                sections 210(a) and (b);
                    ``(B) 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 ``(C) 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.
    ``(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.''.

SEC. 12. ENFORCEMENT.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 211 as follows:

``SEC. 211. ENFORCEMENT.

    ``(a) In General.--The Secretary shall conduct enforcement 
activities to carry out this Act.
    ``(b) Powers of Authorized Officers.--Any person who is authorized 
to enforce this Act may--
            ``(1) board, search, inspect, and seize any vessel or other 
        conveyance suspected of being used to violate this Act, any 
        regulation promulgated under this Act, or any permit issued 
        under this Act, and any equipment, stores, and cargo of such 
        vessel;
            ``(2) seize wherever found any component of coral reef 
        taken or retained in violation of this Act, any regulation 
        promulgated under this Act, or any permit issued under this 
        Act;
            ``(3) seize any evidence of a violation of this Act, any 
        regulation promulgated under this Act, or any permit issued 
        under this Act;
            ``(4) execute any warrant or other process issued by any 
        court of competent jurisdiction;
            ``(5) exercise any other lawful authority; and
            ``(6) arrest any person, if there is reasonable cause to 
        believe that such person has committed an act prohibited by 
        section 209.
    ``(c) Civil Enforcement and Permit Sanctions.--
            ``(1) Civil Administrative Penalty.--Any person subject to 
        the jurisdiction of the United States who violates this Act or 
        any regulation promulgated or permit issued thereunder, 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.
            ``(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 Act, and who violates this Act 
        or any regulation or permit issued under this Act, 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 Act.
            ``(3) Imposition of civil judicial penalties.--Any person 
        who violates any provision of this Act, 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 
        Act, any regulation promulgated under this Act, or any permit 
        issued under this Act, 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) Jurisidication of courts.--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 Act 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 Title 28, 
                Section 2461(c), the provisions of section 413 of the 
                Controlled Substances Act (21 U.S.C. 853) with the 
                exception of subsection (d) of that section shall apply 
                to criminal forfeitures under this section.
            ``(2) Civil forfeiture.--The property set forth below shall 
        be forfeited to the United States in accordance with the 
        provisions of Chapter 46 of Title 18, 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 Act, 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 a violation of this Act, 
                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 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 Act, insofar as applicable and not 
        inconsistent with the provisions hereof. However, with respect 
        to 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 Act or of any regulation 
        promulgated under this Act were taken, obtained, or retained in 
        violation of this Act or of a regulation promulgated under this 
        Act.
    ``(e) Payment of Storage, Care, and Other Costs.--Any person 
assessed a civil penalty for a violation of this Act or of any 
regulation promulgated under this Act 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 or section 
        1861 of Title 16, United States Code, amounts received by the 
        United States as civil penalties under section 211(c) of this 
        bill, forfeitures of property under section 211(d), and costs 
        imposed under section 211(e), 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 section 211(d) and costs imposed under section 211(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 Act or any regulation promulgated 
        under this Act.
            ``(3) Amounts received under this section as civil 
        penalties under section 211(c) of this bill and any amounts 
        remaining after the operation of paragraph (2) shall be used as 
        follows--
                    ``(A) to stabilize, restore, or otherwise manage 
                the coral reef with respect to which the violation 
                occurred that resulted in the penalty or forfeiture;
                    ``(B) to be transferred to the Emergency Response, 
                Stabilization and Restoration Account established under 
                section 208(d) or an account referenced in section 
                210(d)(1) of this Act, to reimburse such account for 
                amounts used for authorized emergency actions;
                    ``(C) to conduct monitoring and enforcement 
                activities;
                    ``(D) to conduct research on techniques to 
                stabilize and restore coral reefs;
                    ``(E) to conduct activities that prevent or reduce 
                the likelihood of future damage to coral reefs;
                    ``(F) to stabilize, restore or otherwise manage any 
                other coral reef; or
                    ``(G) 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 Act or any regulation promulgated 
                under this Act.
    ``(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 209(b) of this Act shall be imprisoned 
        for not more than five 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 Act, or places any such officer in fear of 
        imminent bodily injury, the maximum term of imprisonment is not 
        more than ten years.
            ``(2) Any person (other than a foreign government or any 
        entity of such government) who knowingly violates sections 
        209(a) or 209(c) shall be fined under Title 18 or imprisoned 
        not more than five years or both.
            ``(3) 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 Title 18, Section 3238.
    ``(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 
        210 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 Act, or any regulation or 
        permit issued under this Act, 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 Act 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 Act, 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 Act 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(s) or components 
        thereof that are the subject of the action are 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.''.

SEC. 13. PERMITS.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 212 as follows:

``SEC. 212. PERMITS.

    ``(a) In General.--The Secretary may allow for the conduct of 
activities that would otherwise be prohibited by this Act or 
regulations issued thereunder through, in accordance with such 
regulations, issuance of coral reef conservation permits.
    ``(b) Findings.--No permit may be issued 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 Act;
            ``(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 any 
        regulations issued under this Act, 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 Act or regulations 
issued thereunder.''.

SEC. 14. COORDINATION WITH STATES AND TERRITORIES.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 213 as follows:

``SEC. 213. COORDINATION WITH STATES AND TERRITORIES.

    ``(a) Response and Restoration Activities.--The Secretary shall, 
when appropriate, enter into a written agreement with any affected 
State regarding the manner in which response and restoration activities 
will be conducted within the affected State's waters.
    ``(b) Cooperative Enforcement Agreements.--All cooperative 
enforcement agreements in place between the Secretary and States 
affected by sections 208(d) through 212 of this Act shall be updated to 
include enforcement of this Act where appropriate.''.

SEC. 15. REGULATIONS.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 214 as follows:

``SEC. 214. REGULATIONS.

    ``The Secretary may issue such regulations as are necessary and 
appropriate to carry out the purposes of this Act. This Act and any 
regulations promulgated under this Act 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. 16. EFFECTIVENESS REPORT.

    Section 215 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6407), as redesignated by section 2, is amended to read as follows:

``SEC. 215. EFFECTIVENESS REPORT.

    ``Not later than 2 years after the date on which the Secretary 
publishes the Report on U.S. Coral Reef Task Force Agency Activities 
2002 to 2003 and every 2 years thereafter, the Secretary shall submit 
to the Committee 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, under section 203, including a description of the funds 
obligated each fiscal year to advance coral reef ecosystem 
conservation. This report will cover the time period since the last 
report was submitted.''.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    Section 216 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6408), as redesignated by section 2, is amended to read as follows:

``SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including for the Emergency Response, 
Stabilization and Restoration Account established under section 208(d), 
$25,797,000 in fiscal year 2008 and such sums as may be necessary for 
each of fiscal years 2009 through 2012.
    ``(b) Administration.--Of the amounts appropriated under subsection 
(a), not more than 10 percent of the amounts appropriated, may be used 
for program administration or for overhead costs incurred by the 
National Oceanic and Atmospheric Administration or the Department of 
Commerce and assessed as an administrative charge.''.

SEC. 18. DEFINITIONS.

    Section 217 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 
6409), as redesignated by section 2, is amended to read as follows:

``SEC. 217. 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; this 
        includes diversity within species, between species and of 
        ecosystems.
            ``(2) Conservation.--The term `conservation' means the use 
        of methods and procedures necessary to preserve or sustain 
        corals and associated species as diverse, viable, and self-
        perpetuating coral reef ecosystems, including all activities 
        associated with resource management, such as assessment, 
        conservation, protection, restoration, sustainable use, and 
        management of habitat; mapping; habitat monitoring; assistance 
        in the development of management strategies for marine 
        protected areas and marine resources consistent with the 
        National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1801 et seq.); law enforcement; conflict resolution 
        initiatives; community outreach and education; and that promote 
        safe and ecologically sound navigation.
            ``(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.--Coral Reefs are defined as limestone 
        structures composed in whole or in part of living 
        zooxanthellate stony corals (Class Anthozoa, Order 
        Scleractinia), as described in section 217(3), their skeletal 
        remains, or both, and including other coral, associated sessile 
        invertebrates and plants, and any adjacent or 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 and habitats, including but not limited to 
        mangroves and seagrass habitats, their living marine resources, 
        the people, the environment, 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 210;
                    ``(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 archeological, historical, and cultural 
                resource;
                    ``(F) the cost of legal actions under section 210, 
                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) Local action strategy.--The term `Local Action 
        Strategy' refers to a plan developed within each of the seven 
        U.S. Coral Reef Task Force member states for collaborative 
        action among federal, state, territory and non-governmental 
        partners, which identifies priority actions needed to reduce 
        key threats to valuable coral reef resources.
            ``(12) 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.
            ``(13) 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 210.
            ``(14) Secretary.--The term `Secretary' means--
                    ``(A) for purposes of sections 201 through 208 and 
                sections 215 through 217, the Secretary of Commerce; 
                and
                    ``(B) for purposes of sections 209 through 214 and 
                section 218--
                            ``(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 
                        (Sept. 4, 1962)); or
                            ``(ii) the Secretary of Commerce for any 
                        coral reef or component thereof located in any 
                        area not governed by clause (B)(i).
            ``(15) Service.--Within section 217(7), the term `service' 
        means function(s), ecological or otherwise, performed by a 
        coral reef, or component thereof.
            ``(16) 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.
            ``(17) 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.''.

SEC. 19. JUDICIAL REVIEW.

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is 
amended by inserting a new section 218 as follows:

``SEC. 218. JUDICIAL REVIEW.

    ``(a) Judicial review of any action taken by the Secretary under 
this Act shall be in accordance with sections 701 through 706 of Title 
5, except that--
            ``(1) review of any final agency action of the Secretary 
        taken pursuant to sections 211(c)(1) and 211(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 thirty days of the date 
        such final agency action is taken; and
            ``(2) review of all other final agency actions of the 
        Secretary under this Act may be had only 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 transacts 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) 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) 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. 20. THE DEPARTMENT OF THE INTERIOR PROGRAM.

    (a) Definitional Amendments and Clarifications.--
            (1) Section 8 of the Act of March 10, 1934 (16 U.S.C. 
        666b), commonly known as the Fish and Wildlife Coordination 
        Act, is amended by inserting at the end thereof the words ``, 
        including coral reef ecosystems (as such term is defined in 
        section 217(b) of the Coral Reef Conservation Act of 2000, as 
        amended)''.
            (2) With respect to the authorities under the Act of August 
        8, 1956 (16 U.S.C. 742a et seq.), as amended, commonly known as 
        the Fish and Wildlife Act of 1956; and under Public Law 95-616 
        (16 U.S.C. 742l), as amended, commonly known as the Fish and 
        Wildlife Improvement Act of 1978, references in such Acts to 
        ``wildlife'' or ``fish and wildlife'' shall be construed to 
        include coral reef ecosystems (as such term is defined in 
        section 217(b) of the Coral Reef Conservation Act of 2000, as 
        amended).
    (b) Assistance to Insular Areas.--Sec. 601 of Public Law 96-597 (48 
U.S.C. 1469d), as amended, is amended by redesignating existing 
subsection (d) as (e), and by inserting:
    ``(d) Coral Reefs.--The Secretary of the Interior is authorized to 
extend to the governments of American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands, and their 
agencies and instrumentalities, financial and technical assistance for 
the conservation of coral reef ecosystems (as such term is defined in 
the Coral Reef Conservation Act of 2000 [Public Law No. 106-562, 114 
Stat. 2794 (2000)], as amended) under the jurisdiction of such 
governments.''.
    (c) The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
seq.) is amended by inserting a new section 219 as follows:

``SEC. 219. DEPARTMENT OF THE INTERIOR.

    ``(a) Coral Reef Conservation Assistance.--The Secretary of the 
Interior may provide technical and financial assistance to States, 
American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
Puerto Rico and the Virgin Islands, for management and conservation of 
coral reef ecosystems, including implementation of Local Action 
Strategies. The Secretary shall coordinate coral reef conservation 
activities under the Act of March 10, 1934 (16 U.S.C. 666b), as 
amended, commonly known as the Fish and Wildlife Coordination Act, 
Public Law 95-616 (16 U.S.C. 742l), as amended, commonly known as the 
Fish and Wildlife Improvement Act of 1978, Public Law 96-597 (48 U.S.C. 
1469d), as amended, with those coral reef conservation activities of 
other agencies and partners, including those activities carried out 
through the U.S. Coral Reef Task Force.''.
                                 <all>