[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7371-S7377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Stevens, and Ms. Cantwell):
  S. 1580. A bill to reauthorize the Coral Reef Conservation Act of 
2000, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1580

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Coral Reef 
     Conservation Amendments Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

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

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

     SEC. 3. FINDINGS AND PURPOSES.

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

     ``SEC. 202. FINDINGS AND PURPOSES.

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

     SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203(a) (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 the Coral Reef Conservation Amendments 
     Act of 2007, the Secretary shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and to the 
     House of Representatives Committee on Natural Resources and 
     publish in the Federal Register a national coral reef action 
     strategy, consistent with the purposes of this title. The 
     Secretary shall periodically review and revise the strategy 
     as necessary. In developing this national strategy, the 
     Secretary may consult the Coral Reef Task Force established 
     under Executive Order 13089 (June 11, 1998).''.

     SEC. 5. CORAL REEF CONSERVATION PROGRAM.

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

     SEC. 6. CORAL REEF CONSERVATION FUND.

       Section 205 (16 U.S.C. 6404) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Fund.--The Secretary may enter into agreements with 
     nonprofit organizations promoting coral reef ecosystem 
     conservation by authorizing such organizations to receive, 
     hold, and administer funds received pursuant to this section. 
     Such organizations shall invest, reinvest, and otherwise 
     administer the funds and maintain such funds and any interest 
     or revenues earned in a separate interest-bearing account 
     (referred to in section 218(a) as the `Fund') established by 
     such organizations solely to support partnerships between the 
     public and private sectors that further the purposes of this 
     title and are consistent with the national coral reef action 
     strategy under section 203.'';
       (2) by striking ``Administrator'' in subsection (c) and 
     inserting ``Secretary'';
       (3) by striking ``the grant program'' in subsection (c) and 
     inserting ``any grant program''; and

[[Page S7372]]

       (4) by striking ``Administrator'' in subsection (d) and 
     inserting ``Secretary''.

     SEC. 7. AGREEMENTS.

       The Act (16 U.S.C. 6401 et seq.) is amended by 
     redesignating sections 206 through 210 as sections 207 
     through 211, respectively, and inserting after section 205 
     the following:

     ``SEC. 206. AGREEMENTS.

       ``(a) In General.--The Secretary may execute and perform 
     such contracts, leases, grants, or cooperative agreements as 
     may be necessary to carry out the purposes of this title.
       ``(b) Use of Other Agencies' Resources.--For purposes 
     related to the conservation, preservation, protection, 
     restoration, or replacement of coral reefs or coral reef 
     ecosystems and the enforcement of this title, the Secretary 
     is authorized to use, with their consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any Department, agency, or instrumentality of 
     the United States, or of any State, local government, 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 
     may apply for, accept, and obligate research grant funding 
     from any Federal source operating competitive grant programs 
     where such funding furthers the purpose of this title.
       ``(2) The Secretary may not apply for, accept, or obligate 
     any grant funding under paragraph (1) for which the granting 
     agency lacks authority to grant funds to Federal agencies, or 
     for any purpose or subject to conditions that are prohibited 
     by law or regulation.
       ``(3) Appropriated funds may be used to satisfy a 
     requirement to match grant funds with recipient agency funds, 
     except that no grant may be accepted that requires a 
     commitment in advance of appropriations.
       ``(4) Funds received from grants shall be deposited in the 
     National Oceanic and Atmospheric Administration account for 
     the purpose for which the grant was awarded.''.

     SEC. 8. EMERGENCY ASSISTANCE.

       Section 207 (formerly 16 U.S.C. 6405), as redesignated, is 
     amended to read as follows:

     ``SEC. 207. EMERGENCY ASSISTANCE.

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

     SEC. 9. NATIONAL PROGRAM.

       Section 208 (formerly 16 U.S.C. 6406), as redesignated, 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 reef ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems, including disease and 
     bleaching;
       ``(5) conservation and management of coral reef ecosystems;
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public. with local, regional, or 
     international programs and partners; and
       ``(7) activities designed to prevent or minimize damage to 
     coral reef ecosystems, including those activities described 
     in section 211 of this title.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and information 
     via data processing, storage, and archive facilities pursuant 
     to this title. The Secretary may--
       ``(1) archive environmental data collected by Federal, 
     State, local agencies and tribal organizations and federally 
     funded research;
       ``(2) promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;
       ``(3) develop standards, protocols and procedures for 
     sharing Federal data with State and local government programs 
     and the private sector or academia; and
       ``(4) develop metadata standards for coral reef ecosystems 
     in accordance with Federal Geographic Data Committee 
     guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
     The Secretary shall establish an account (to be called the 
     Emergency Response, Stabilization, and Restoration Account) 
     in the Damage Assessment Restoration Revolving Fund 
     established by the Department of Commerce Appropriations Act, 
     1991 (33 U.S.C. 2706 note), for implementation of this 
     subsection for emergency actions. Amounts appropriated for 
     the Account under section 218, and funds authorized by 
     sections 212(d)(3)(B) and 213(f)(3)(B), shall be deposited 
     into the Account and made available for use by the Secretary 
     as specified in sections 212 and 213.''.

     SEC. 10. COMMUNITY-BASED PLANNING GRANTS.

       The Act (16 U.S.C. 6401 et seq.) is amended by further 
     redesignating sections 209 through 211, as redesignated, as 
     sections 210 through 212, respectively, and inserting after 
     section 208 the following:

     ``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

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

     SEC. 11. VESSEL GROUNDING INVENTORY.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     redesignating sections 210 through 212, as redesignated, as 
     sections 211 through 213, and inserting after section 209, as 
     added by section 10, the following:

     ``SEC. 210. VESSEL GROUNDING INVENTORY.

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

     SEC. 12. PROHIBITED ACTIVITIES.

       The Act (16 U.S.C. 6401 et seq.) is amended by further 
     redesignating sections 211 through 213, as redesignated, as 
     sections 217 through 220, and inserting after section 210 the 
     following:

     ``SEC. 211. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``(a) Provisions as Complementary.--The provisions of this 
     section are in addition to, and shall not affect the 
     operation of, other Federal, State, or local laws or 
     regulations providing protection to coral reef ecosystems.
       ``(b) Destruction, Loss, Taking, or Injury.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     is unlawful for any person to destroy, take, cause the loss 
     of, or injure any coral reef or any component thereof.
       ``(2) Exceptions.--The destruction, loss, taking, or injury 
     of a coral reef or any component thereof is not unlawful if 
     it--
       ``(A) was caused by the use of fishing gear used in a 
     manner permitted under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law;
       ``(B) was caused by an activity that is authorized by 
     Federal or State law (including lawful discharges from 
     vessels of graywater, cooling water, engine exhaust, ballast 
     water, or sewage from marine sanitation devices), unless the 
     destruction, loss, or injury resulted from actions such as 
     vessel

[[Page S7373]]

     groundings, vessel scrapings, anchor damage, excavation not 
     authorized by Federal or State permit, or other similar 
     activities;
       ``(C) was the necessary result of bona fide marine 
     scientific research (including marine scientific research 
     activities approved by Federal, State, or local permits), 
     other than excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities;
       ``(D) was caused by a Federal Government agency--
       ``(i) during--

       ``(I) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment;
       ``(II) an emergency that posed a threat to national 
     security; or
       ``(III) an activity necessary for law enforcement or search 
     and rescue; and

     could not reasonably be avoided; or
       ``(E) was caused by an action taken to ensure the safety of 
     the vessel or the lives of passengers or crew.
       ``(c) Interference with Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to violate any provision of this 
     title, any permit issued pursuant to this title, or any 
     regulation promulgated pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.

     SEC. 13. DESTRUCTION OF CORAL REEFS.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 211, as added by section 12, the 
     following:

     ``SEC. 212. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, 
                   CORAL REEFS.

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsections (a) or (c) of section 211, or 
     create an imminent risk thereof, are liable, jointly and 
     severally, to the United States for an amount equal to the 
     sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) Any vessel used in an activity that is prohibited 
     under subsection (a) or (c) of section 211, or creates an 
     imminent risk thereof, shall be liable in rem to the United 
     States for an amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) The amount of liability shall constitute a maritime 
     lien on the vessel and may be recovered in an action in rem 
     in any district court of the United States that has 
     jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No Limit to liability.--Nothing in sections 30501 
     through 30512 or section 30706 of title 46, United States 
     Code, shall limit liability to any person under this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) The Secretary shall assess damages (as defined in 
     section 220(8)) to coral reefs and shall consult with State 
     officials regarding response and damage assessment actions 
     undertaken for coral reefs within State waters.
       ``(B) There shall be no double recovery under this chapter 
     for coral reef damages, including the cost of damage 
     assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described in section 1005 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2705). The 
     Secretary, acting as trustee for coral reefs for the United 
     States, shall submit a request for such an action to the 
     Attorney General whenever a person may be liable for such 
     costs or damages.
       ``(2) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--Any costs, including 
     response costs and damages recovered by the Secretary under 
     this section shall--
       ``(1) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(2) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(3) be for use, as the Secretary considers appropriate--
       ``(A) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) of this section for costs incurred in conducting the 
     activity;
       ``(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. If the Secretary fails to complete such 
     damage assessment and restoration plan within one year after 
     discovery of the damage, then for the purposes of this 
     subsection such assessment and plan shall be deemed to have 
     been completed by the Secretary on the 366th day following 
     discovery of the damage.
       ``(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. 14. ENFORCEMENT.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 212, as added by section 13, the 
     following:

     ``SEC. 213. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--Any person who is 
     authorized to enforce this title may--
       ``(1) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel;
       ``(2) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;

[[Page S7374]]

       ``(3) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(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 211.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--Any person subject to 
     the jurisdiction of the United States who violates this title 
     or any regulation promulgated or permit issued hereunder, 
     shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation. 
     In determining the amount of civil administrative penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, and any history of prior violations, and such 
     other matters as justice may require. In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this title, and who violates this 
     title or any regulation or permit issued under this title, 
     the Secretary may deny, suspend, amend, or revoke in whole or 
     in part any such permit. For any person who has failed to pay 
     or defaulted on a payment agreement of any civil penalty or 
     criminal fine or liability assessed pursuant to any natural 
     resource law administered by the Secretary, the Secretary may 
     deny, suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this title.
       ``(3) Imposition of civil judicial penalties.--Any person 
     who violates any provision of this title, any regulation 
     promulgated or permit issued thereunder, shall be subject to 
     a civil judicial penalty not to exceed $250,000 for each such 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require. In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require. In imposing 
     such penalty, the district court may also consider 
     information related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by Secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidiction.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section. For 
     the purpose of this section, American Samoa shall be included 
     within the judicial district of the District Court of the 
     United States for the District of Hawaii. Each violation 
     shall be a separate offense and the offense shall be deemed 
     to have been committed not only in the district where the 
     violation first occurred, but also in any other district as 
     authorized by law.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--A person who is convicted of an 
     offense in violation of this title shall forfeit to the 
     United States--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.
     Pursuant to section 2461(c) of title 28, United States Code, 
     the provisions of section 413 of the Controlled Substances 
     Act (21 U.S.C. 853) other than subsection (d) thereof shall 
     apply to criminal forfeitures under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be forfeited to the United States in accordance with the 
     provisions of chapter 46 of title 18, United States Code, and 
     no property right shall exist in it:
       ``(A) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof).
       ``(B) Any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary judgment, and judicial 
     forfeiture and condemnation for violation of the customs 
     laws, the disposition of the property forfeited or condemned 
     or the proceeds from the sale thereof, the remission or 
     mitigation of such forfeitures, and the compromise of claims 
     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     insofar as applicable and not inconsistent with the 
     provisions hereof. For seizures and forfeitures of property 
     under this section by the Secretary, such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by such officers as are 
     designated by the Secretary or, upon request of the 
     Secretary, by any other agency that has authority to manage 
     and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this title 
     or of any regulation promulgated under this title and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Notwithstanding section 3302 of title 31, United 
     States Code, or section 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861), amounts 
     received by the United States as civil penalties under 
     subsection (c) of this section, forfeitures of property under 
     subsection (d) of this section, and costs imposed under 
     subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Amounts received under this section for forfeitures 
     under subsection (d) and costs imposed under subsection (e) 
     shall be used to pay the reasonable and necessary costs 
     incurred by the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this title or any regulation 
     promulgated under this title.
       ``(3) Amounts received under this section as civil 
     penalties under subsection (c) of this section and any 
     amounts remaining after the operation of paragraph (2) of 
     this subsection shall--
       ``(A) be used to stabilize, restore, or otherwise manage 
     the coral reef with respect to which the violation occurred 
     that resulted in the penalty or forfeiture;
       ``(B) be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 208(d) or an account described in section 212(d)(1) 
     of this title, to reimburse such account for amounts used for 
     authorized emergency actions;
       ``(C) be used to conduct monitoring and enforcement 
     activities;
       ``(D) be used to conduct research on techniques to 
     stabilize and restore coral reefs;
       ``(E) be used to conduct activities that prevent or reduce 
     the likelihood of future damage to coral reefs;

[[Page S7375]]

       ``(F) be used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) be used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Any person (other than a foreign government or any 
     entity of such government) who knowingly commits any act 
     prohibited by section 211(b) of this title shall be 
     imprisoned for not more than 5 years and shall be fined not 
     more than $500,000 for individuals or $1,000,000 for an 
     organization; except that if in the commission of any such 
     offense the individual uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any officer authorized 
     to enforce the provisions of this title, or places any such 
     officer in fear of imminent bodily injury, the maximum term 
     of imprisonment is not more than 10 years.
       ``(2) Any person (other than a foreign government or any 
     entity of such government) who knowingly violates subsection 
     (a) or (c) of section 211 shall be fined under title 18, 
     United States Code, or imprisoned not more than 5 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 section 3238 of title 18, United 
     States Code.
       ``(h) Subpenas.--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 
     subpenas 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 212 of this title, the Attorney General, upon request 
     of the Secretary, shall seek to obtain such relief as may be 
     necessary to abate such risk or actual destruction, loss, or 
     injury, or to restore or replace the coral reef, or both. The 
     district courts of the Unites States shall have jurisdiction 
     in such a case to order such relief as the public interest 
     and the equities of the case may require.
       ``(2) Upon the request of the Secretary, the Attorney 
     General may seek to enjoin any person who is alleged to be in 
     violation of any provision of this title, or any regulation 
     or permit issued under this title, and the district courts 
     shall have jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.''.

     SEC. 15. PERMITS.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 213, as added by section 14, the 
     following:

     ``SEC. 214. PERMITS.

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

     SEC. 16. REGIONAL, STATE, AND TERRITORIAL COORDINATION..

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 214, as added by section 15, the 
     following:

     ``SEC. 215. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       ``(a) Regional Coordination.--The Secretary shall work in 
     coordination and collaboration with other Federal agencies, 
     States, and United States territorial governments to 
     implement the strategies developed under section 203, 
     including regional and local strategies, to address multiple 
     threats to coral reefs and coral reef ecosystems such as 
     coastal runoff, vessel impacts, and overharvesting.
       ``(b) 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.
       ``(c) Cooperative Enforcement Agreements.--All cooperative 
     enforcement agreements in place between the Secretary and 
     States affected by this title shall be updated to include 
     enforcement of this title where appropriate.''.

     SEC. 17. REGULATIONS.

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

     ``SEC. 216. REGULATIONS.

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

     SEC. 18. EFFECTIVENESS REPORT.

       Section 217 (formerly 16 U.S.C. 6407), as redesignated, is 
     amended to read as follows:

     ``SEC. 217. EFFECTIVENESS REPORT.

       ``Not later than March 1, 2009, and every 3 years 
     thereafter, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on 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 of the 3 fiscal years next preceding 
     the fiscal year in which the report is submitted;

[[Page S7376]]

       ``(2) a description of Federal interagency and cooperative 
     efforts with States and United States territories to prevent 
     or address overharvesting, coastal runoff, or other 
     anthropogenic impacts on coral reefs, including projects 
     undertaken with the Department of Interior, Department of 
     Agriculture, the Environmental Protection Agency, and the 
     United States Army Corps of Engineers;
       ``(3) a summary of the information contained in the vessel 
     grounding inventory established under section 210, including 
     additional authorization or funding, needed for response and 
     removal of such vessels;''
       ``(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 address threats to coral reefs.''.

     SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

       Section 218 (formerly 16 U.S.C. 6408), as redesignated, is 
     amended--
       (1) by striking ``$16,000,000 for each of fiscal years 
     2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
     ``$34,000,000 for fiscal year 2008, $36,000,000 for fiscal 
     year 2009, $38,000,000 for fiscal year 2010, and $40,000,000 
     for each of fiscal years 2011 through 2014, of which no less 
     than 30 percent per year (for each of fiscal years 2008 
     through 2014) shall be used for the grant program under 
     section 204 and up to 10 percent per year shall be used for 
     the Fund established under section 205(a),'';
       (2) by striking ``$1,000,000'' in subsection (b) and 
     inserting ``$2,000,000'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Community-Based Planning Grants.--There is authorized 
     to be appropriated to the Secretary to carry out section 209 
     the sum of $8,000,000 for fiscal years 2007 through 2012, 
     such sum to remain available until expended.''; and
       (4) by striking subsection (d).

     SEC. 20. JUDICIAL REVIEW.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 218, as amended by section 19, the 
     following:

     ``SEC. 219. JUDICIAL REVIEW.

       ``(a) In General.--Judicial review of any action taken by 
     the Secretary under this title shall be in accordance with 
     sections 701 through 706 of title 5, United States Code, 
     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 
     within 30 days after the date such final agency action is 
     taken; and
       ``(2) review of all other final agency actions of the 
     Secretary under this title 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 
     within 120 days after the date such final agency action is 
     taken.
       ``(b) No Review in Enforcement Proceedings.--Final agency 
     action with respect to which review could have been obtained 
     under subsection (a)(2) shall not be subject to judicial 
     review in any civil or criminal proceeding for enforcement.
       ``(c) Cost of Litigation.--In any judicial proceeding under 
     subsection (a), the court may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any prevailing party whenever it determines that such award 
     is appropriate.''.

     SEC. 21. DEFINITIONS.

       Section 220 (formerly 16 U.S.C. 6409), as redesignated, is 
     amended to read as follows:

     ``SEC. 220. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources 
     including, inter alia, terrestrial, marine, and other aquatic 
     ecosystems and the ecological complexes of which they are 
     part, including diversity within species, between species, 
     and of ecosystems.
       ``(2) Conservation.--The term `conservation' means the use 
     of methods and procedures necessary to preserve or sustain 
     corals and associated species and habitat as resilient, 
     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, and community 
     outreach and education) 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.--The term `coral reef' means limestone 
     structures composed in whole or in part of living corals, as 
     described in paragraph (3), their skeletal remains, or both, 
     and including other corals, associated sessile invertebrates 
     and plants, and 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, habitats, and environment, including 
     mangroves and seagrass habitats, and the processes that 
     control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or component thereof; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or component thereof;
       ``(B) the reasonable cost of damage assessments under 
     section 212;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archaeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 212, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components thereof, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Person.--The term `person' means any individual, 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic, private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(12) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or component thereof, or to minimize the imminent risks of 
     such destruction, loss, or injury, including costs related to 
     seizure, forfeiture, storage, or disposal arising from 
     liability under section 212.
       ``(13) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 210, sections 
     217 through 219, and the other paragraphs of this section, 
     the Secretary of Commerce, acting through the Administrator 
     of the National Oceanic and Atmospheric Administration; and
       ``(B) for purposes of sections 211 through 219--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not described in clause 
     (i).
       ``(14) Service.--The term `service' means functions, 
     ecological or otherwise, performed by a coral reef or 
     component thereof.
       ``(15) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(16) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.

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