[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S153-S160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Rockefeller, Mr. Kerry, Ms. 
        Snowe, and Mr. Nelson of Florida):
  S. 46. A bill to reauthorize the Coral Reef Conservation Act of 2000, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. INOUYE. Mr. President, I am pleased to introduce the Coral Reef 
Conservation Amendments Act, which I also introduced in the 111th 
Congress. This critical bill reauthorizes and strengthens the Coral 
Reef Conservation Act of 2000, a program that I was pleased to 
originally sponsor in the 106th Congress establishing the Coral Reef 
Conservation Program at the National Oceanic and Atmospheric 
Administration, NOAA.
  Coral reefs are among the oldest and most economically and 
biologically important ecosystems in the world. They provide habitat 
for more than one million diverse aquatic species, a natural barrier 
for protection from coastal storms and erosion, and are a potential 
source of treatment for many of the world's diseases. From a commerce 
perspective, reef-supported tourism is a $30 billion industry 
worldwide, and the commercial value of United States fisheries from 
coral reefs is more than $100 million.
  However, our coral reef ecosystems face many threats including 
pollution, climate change and coral bleaching, and overfishing to name 
a few. Coral reefs cover only one-tenth of one percent of the ocean 
floor, yet provide habitat for more than twenty-five percent of all 
marine species.
  The original Coral Reef Conservation Act of 2000 recognized the need 
to preserve, sustain and restore the condition of these valuable coral 
reef ecosystems. The Coral Reef Conservation Amendments Act of 2011 
would strengthen NOAA's ability to comprehensively address threats to 
coral reefs and empower the agency with tools to ensure that damage to 
our coral reef ecosystems is prevented or effectively mitigated. It 
also establishes consistent practices for maintaining data, products, 
and information, and promotes the widespread availability and 
dissemination of that environmental information.
  Finally, the bill allows the Secretary to further develop 
partnerships with foreign governments and international organizations--
partnerships that are critical not only to the understanding of our 
coral reef ecosystems, but also to their protection and restoration.
  Thank you and I would urge you to support this important legislation 
to continue supporting NOAA's leadership role in coral reef 
conservation.
  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. 46

       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 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

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

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

     SEC. 3. PURPOSES.

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

     ``SEC. 202. PURPOSES.

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

     SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203 (16 U.S.C. 6402) is amended to read as follows:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Coral Reef Conservation Amendments 
     Act of 2011, the Secretary shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and to the 
     House of Representatives Committee on Natural Resources and 
     publish in the Federal Register a national coral reef 
     ecosystem action strategy, consistent with the purposes of 
     this title. The Secretary shall periodically review and 
     revise the strategy as necessary. In developing this national 
     strategy, the Secretary may consult the Coral Reef Task Force 
     established under Executive Order 13089 (June 11, 1998).
       ``(b) Goals and Objectives.--The action strategy shall 
     include a statement of goals and objectives as well as an 
     implementation plan, including a description of the funds 
     obligated each fiscal year to advance coral reef 
     conservation. The action strategy and implementation plan 
     shall include discussion of--
       ``(1) coastal uses and management, including land-based 
     sources of pollution;
       ``(2) climate change;
       ``(3) water and air quality;
       ``(4) mapping and information management;
       ``(5) research, monitoring, and assessment;
       ``(6) international and regional issues;
       ``(7) outreach and education;
       ``(8) local strategies developed by the States or Federal 
     agencies, including regional fishery management councils; and
       ``(9) conservation.''.

     SEC. 5. CORAL REEF CONSERVATION PROGRAM.

       (a) In General.--Section 204 (16 U.S.C. 6403) is amended--
       (1) by striking ``Secretary, through the Administrator 
     and'' in subsection (a) and inserting ``Secretary,'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Eligibility.--Any natural resource management 
     authority of a State or other government authority with 
     jurisdiction over coral reef ecosystems, or whose activities 
     directly or indirectly affect coral reef ecosystems, or 
     educational or nongovernmental institutions with demonstrated 
     expertise in the conservation of coral reef ecosystems, may 
     submit a coral conservation proposal to the Secretary under 
     subsection (e).'';
       (3) by striking ``Geographic and Biological'' in the 
     heading for subsection (d) and inserting ``Project'';
       (4) by striking paragraph (3) of subsection (d) and 
     inserting the following:
       ``(3) Remaining funds shall be awarded for--
       ``(A) projects (with priority given to community-based 
     local action strategies) that address emerging priorities or 
     threats, including international and territorial priorities, 
     or threats identified by the Secretary; and
       ``(B) other appropriate projects, as determined by the 
     Secretary, including monitoring and assessment, research, 
     pollution reduction, education, and technical support.'';
       (5) by striking subsection (g) and inserting the following:
       ``(g) Criteria for Approval.--The Secretary may not approve 
     a project proposal under this section unless the project is 
     consistent with the coral reef action strategy under section 
     203 and will enhance the conservation of coral reef 
     ecosystems nationally or internationally by--
       ``(1) implementing coral conservation programs which 
     promote sustainable development and ensure effective, long-
     term conservation of coral reef ecosystems and biodiversity;

[[Page S154]]

       ``(2) addressing the conflicts arising from the use of 
     environments near coral reef ecosystems or from the use of 
     corals, species associated with coral reef ecosystems, and 
     coral products;
       ``(3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reef ecosystems or regulate the use and management 
     of coral reef ecosystems;
       ``(4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems and their biodiversity, including factors that 
     cause coral disease, ocean acidification, and bleaching;
       ``(5) promoting and assisting the implementation of 
     cooperative coral reef ecosystem conservation projects that 
     involve affected local communities, nongovernmental 
     organizations, or others in the private sector;
       ``(6) increasing public knowledge and awareness of coral 
     reef ecosystems and issues regarding their long-term 
     conservation, including how they function to protect coastal 
     communities;
       ``(7) mapping the location, distribution, and biodiversity 
     of coral reef ecosystems;
       ``(8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reef ecosystems and 
     biodiversity;
       ``(9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems and biodiversity;
       ``(10) responding to, or taking action to help mitigate the 
     effects of, coral disease, ocean acidification, and bleaching 
     events;
       ``(11) promoting activities designed to prevent or minimize 
     damage to coral reef ecosystems, including the promotion of 
     ecologically sound navigation and anchorages; or
       ``(12) promoting and assisting entities to work with local 
     communities, and all appropriate governmental and 
     nongovernmental organizations, to support community-based 
     planning and management initiatives for the protection of 
     coral reef systems.''; and
       (6) by striking ``coral reefs'' in subsection (j) and 
     inserting ``coral reef ecosystems''.
       (b) Conforming Amendments.--Subsections (b), (d), (e), (f), 
     (h), (i), and (j) of section 204 (16 U.S.C. 6403) are each 
     amended by striking ``Administrator'' each place it appears 
     and inserting ``Secretary''.

     SEC. 6. CORAL REEF CONSERVATION FUND.

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

     SEC. 7. AGREEMENTS; REDESIGNATIONS.

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

     ``SEC. 206. AGREEMENTS.

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

     SEC. 8. EMERGENCY ASSISTANCE.

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

     ``SEC. 207. EMERGENCY ASSISTANCE.

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

     SEC. 9. NATIONAL PROGRAM.

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

     ``SEC. 208. NATIONAL PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities, 
     including with local, State, regional, or international 
     programs and partners, as appropriate, to conserve coral reef 
     ecosystems, that are consistent with this title, the National 
     Marine Sanctuaries Act, the Coastal Zone Management Act of 
     1972, the Magnuson-Stevens Fishery Conservation and 
     Management Act, the Endangered Species Act of 1973, and the 
     Marine Mammal Protection Act of 1972.
       ``(b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       ``(1) mapping, monitoring, assessment, restoration, 
     socioeconomic and scientific research that benefit the 
     understanding, sustainable use, biodiversity, and long-term 
     conservation of coral reef ecosystems;
       ``(2) enhancing public awareness, education, understanding, 
     and appreciation of coral reef ecosystems;
       ``(3) removing, and providing assistance to States in 
     removing, abandoned fishing gear, marine debris, and 
     abandoned vessels from coral reef ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems;
       ``(5) conservation and management of coral reef ecosystems;
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public with local, regional, or 
     international programs and partners; and
       ``(7) activities designed to prevent or minimize damage to 
     coral reef ecosystems, including those activities described 
     in section 212 of this title.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and information 
     via data processing, storage, and archive facilities pursuant 
     to this title. The Secretary may--
       ``(1) archive environmental data collected by Federal, 
     State, local agencies, and tribal organizations and federally 
     funded research;
       ``(2) promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;

[[Page S155]]

       ``(3) develop standards, protocols, and procedures for 
     sharing Federal data with State and local government programs 
     and the private sector or academia; and
       ``(4) develop metadata standards for coral reef ecosystems 
     in accordance with Federal Geographic Data Committee 
     guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
       ``(1) Establishment of account.--The Secretary shall 
     establish an account (to be called the Emergency Response, 
     Stabilization, and Restoration Account) in the Damage 
     Assessment Restoration Revolving Fund established by the 
     Department of Commerce Appropriations Act, 1991 (33 U.S.C. 
     2706 note), for implementation of this subsection for 
     emergency actions. Amounts appropriated for the Account under 
     section 219, and funds authorized by sections 
     213(d)(1)(C)(ii) and 214(f)(3)(B), shall be deposited into 
     the Account and made available for use by the Secretary as 
     specified in sections 213 and 214.
       ``(2) Deposit and investment of certain funds.-- Any 
     amounts received by the United States pursuant to sections 
     213(d)(1)(C)(ii) and 212(f)(3)(B) shall be deposited into the 
     Emergency Response, Stabilization and Restoration Account 
     established under paragraph (1). The Secretary of Commerce 
     may request the Secretary of the Treasury to invest such 
     portion of the Damage Assessment Restoration Revolving Fund 
     as is not, in the judgment of the Secretary of Commerce, 
     required to meet the current needs of the fund. Such 
     investments shall be made by the Secretary of the Treasury in 
     public debt securities, with maturities suitable to the needs 
     of the fund, as determined by the Secretary of Commerce and 
     bearing interest at rates determined by the Secretary of the 
     Treasury, taking into consideration current market yields on 
     outstanding marketable obligations of the United States of 
     comparable maturity. Interest earned by such investments 
     shall be available for use by the Secretary without further 
     appropriation and remain available until expended.''.

     SEC. 10. STUDY OF TRADE IN CORALS.

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

     SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

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

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

       ``(a) International Coral Reef Conservation Activities.--
       ``(1) In general.--The Secretary shall carry out 
     international coral reef conservation activities consistent 
     with the purposes of this Act with respect to coral reef 
     ecosystems in waters outside the United States jurisdiction. 
     The Secretary shall develop and implement an international 
     coral reef ecosystem strategy pursuant to subsection (b).
       ``(2) Coordination.--In carrying out this subsection, the 
     Secretary shall consult with the Secretary of State, the 
     Administrator of the Agency for International Development, 
     the Secretary of the Interior, and other relevant Federal 
     agencies, and relevant United States stakeholders, and shall 
     take into account coral reef ecosystem conservation 
     initiatives of other nations, international agreements, and 
     intergovernmental and nongovernmental organizations so as to 
     provide effective cooperation and efficiencies in 
     international coral reef conservation. The Secretary may 
     consult with the Coral Reef Task Force in carrying out this 
     subsection.
       ``(b) International Coral Reef Ecosystem Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Coral Reef Conservation Amendments Act of 
     2011, the Secretary shall submit to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Natural Resources, and publish 
     in the Federal Register, an international coral reef 
     ecosystem strategy, consistent with the purposes of this Act 
     and the national strategy required pursuant to section 
     203(a). The Secretary shall periodically review and revise 
     this strategy as necessary.
       ``(2) Contents.--The strategy developed by the Secretary 
     under paragraph (1) shall--
       ``(A) identify coral reef ecosystems throughout the world 
     that are of high value for United States marine resources, 
     that support high-seas resources of importance to the United 
     States such as fisheries, or that support other interests of 
     the United States;
       ``(B) summarize existing activities by Federal agencies and 
     entities described in subsection (a)(2) to address the 
     conservation of coral reef ecosystems identified pursuant to 
     subparagraph (A);
       ``(C) establish goals, objectives, and specific targets for 
     conservation of priority international coral reef ecosystems;
       ``(D) describe appropriate activities to achieve the goals 
     and targets for international coral reef conservation, in 
     particular those that leverage activities already conducted 
     under this Act;
       ``(E) develop a plan to coordinate implementation of the 
     strategy with entities described in subsection (a)(2) in 
     order to leverage current activities under this Act and other 
     conservation efforts globally;
       ``(F) identify appropriate partnerships, grants, or other 
     funding and technical assistance mechanisms to carry out the 
     strategy; and
       ``(G) develop criteria for prioritizing partnerships under 
     subsection (c).
       ``(c) International Coral Reef Ecosystem Partnerships.--
       ``(1) In general.--The Secretary shall establish an 
     international coral reef ecosystem partnership program to 
     provide support, including funding and technical assistance, 
     for activities that implement the strategy developed pursuant 
     to subsection (b).
       ``(2) Mechanisms.--The Secretary shall provide such support 
     through existing authorities, working in collaboration with 
     the entities described in subsection (a)(2).
       ``(3) Agreements.--The Secretary may execute and perform 
     such contracts, leases, grants, cooperative agreements, or 
     other transactions as may be necessary to carry out the 
     purposes of this section.
       ``(4) Transfer of funds.--To implement this section and 
     subject to the availability of funds, the Secretary may 
     transfer funds to a foreign government or international 
     organization, and may accept transfers of funds from such 
     entities, except that no more than 5 percent of funds 
     appropriated to carry out this section may be transferred.
       ``(5) Criteria for approval.--The Secretary may not approve 
     a partnership proposal under this section unless the 
     partnership is consistent with the international coral reef 
     conservation strategy developed pursuant to subsection (b), 
     and meets the criteria specified in that strategy.''.

     SEC. 12. COMMUNITY-BASED PLANNING GRANTS.

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

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

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

     SEC. 13. VESSEL GROUNDING INVENTORY.

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

     ``SEC. 211. VESSEL GROUNDING INVENTORY.

       ``(a) In General.--The Secretary may maintain an inventory 
     of all vessel grounding incidents involving coral reefs, 
     including a description of--
       ``(1) the impacts to affected coral reef ecosystems;
       ``(2) vessel and ownership information, if available;
       ``(3) the estimated cost of removal, mitigation, or 
     restoration;
       ``(4) the response action taken by the owner, the 
     Secretary, the Commandant of the Coast Guard, or other 
     Federal or State agency representatives;
       ``(5) the status of the response action, including the 
     dates of vessel removal and mitigation or restoration and any 
     actions taken to prevent future grounding incidents; and
       ``(6) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.
       ``(b) Identification of At-Risk Reefs.--The Secretary may--
       ``(1) use information from any inventory maintained under 
     subsection (a) or any other available information source to 
     identify

[[Page S156]]

     coral reef ecosystems that have a high incidence of vessel 
     impacts, including groundings and anchor damage;
       ``(2) identify appropriate measures, including the 
     acquisition and placement of aids to navigation, moorings, 
     designated anchorage areas, fixed anchors and other devices, 
     to reduce the likelihood of such impacts; and
       ``(3) develop a strategy and timetable to implement such 
     measures, including cooperative actions with other government 
     agencies and non-governmental partners.''.

     SEC. 14. PROHIBITED ACTIVITIES.

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

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

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

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

     could not reasonably be avoided; or
       ``(E) was caused by an action taken by the master of the 
     vessel in an emergency situation to ensure the safety of the 
     vessel or to save a life at sea.
       ``(c) Interference With Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to violate any provision of this 
     title, any permit issued pursuant to this title, or any 
     regulation promulgated pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.
       (b) Emergency Action Regulations.--The Secretary of 
     Commerce shall initiate a rulemaking proceeding to prescribe 
     the circumstances and conditions under which the exception in 
     section 212(b)(2)(E) of the Coral Reef Conservation Act of 
     2000, as amended by subsection (a), applies and shall issue a 
     final rule pursuant to that rulemaking as soon as practicable 
     but not later than 1 year after the date of enactment of this 
     Act. Nothing in this subsection shall be construed to require 
     the issuance of such regulations before the exception 
     provided by that section is in effect.

     SEC. 15. DESTRUCTION OF CORAL REEFS.

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

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

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsections (b) or (d) of section 212, or 
     create an imminent risk thereof, are liable, jointly and 
     severally, to the United States for an amount equal to the 
     sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) Any vessel used in an activity that is prohibited 
     under subsection (b) or (d) of section 212, or creates an 
     imminent risk thereof, shall be liable in rem to the United 
     States for an amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) The amount of liability shall constitute a maritime 
     lien on the vessel and may be recovered in an action in rem 
     in any district court of the United States that has 
     jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No Limit to liability.--Nothing in sections 30501 
     through 30512 or section 30706 of title 46, United States 
     Code, shall limit liability to any person under this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) The Secretary shall assess damages (as defined in 
     section 221(8)) to coral reefs and shall consult with State 
     officials regarding response and damage assessment actions 
     undertaken for coral reefs within State waters.
       ``(B) There shall be no double recovery under this chapter 
     for coral reef damages, including the cost of damage 
     assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described in section 1005 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2705). The 
     Secretary, acting as trustee for coral reefs for the United 
     States, shall submit a request for such an action to the 
     Attorney General whenever a person or vessel may be liable 
     for such costs or damages.
       ``(2) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--
       ``(1) In general.--Any costs, including response costs and 
     damages recovered by the Secretary under this section shall--
       ``(A) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(B) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(C) be for use, as the Secretary considers appropriate--
       ``(i) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) of this section for costs incurred in conducting the 
     activity;

[[Page S157]]

       ``(ii) to be transferred to the Emergency Response, 
     Stabilization and Restoration Account established under 
     section 208(d) to reimburse that account for amounts used for 
     authorized emergency actions; and
       ``(iii) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any coral reefs, or 
     components thereof, including the reasonable costs of 
     monitoring, or to minimize or prevent threats of equivalent 
     injury to, or destruction of coral reefs, or components 
     thereof.
       ``(2) Restoration considerations.--In development of 
     restoration alternatives under paragraph (1)(C), the 
     Secretary shall consider State and territorial preferences 
     and, if appropriate, shall prioritize restoration projects 
     with geographic and ecological linkages to the injured 
     resources.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed within 3 years after the date on which the 
     Secretary completes a damage assessment and restoration plan 
     for the coral reefs, or components thereof, to which the 
     action relates.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.
       ``(g) Uniformed Service Officers and Employees.--No officer 
     or employee of a uniformed service (as defined in section 101 
     of title 10, United States Code) shall be held liable under 
     this section, either in such officer's or employee's personal 
     or official capacity, for any violation of section 212 
     occurring during the performance of the officer's or 
     employee's official governmental duties.
       ``(h) Contract Employees.--No contract employee of a 
     uniformed service (as so defined), serving as vessel master 
     or crew member, shall be liable under this section for any 
     violation of section 212 if that contract employee--
       ``(1) is acting as a contract employee of a uniformed 
     service under the terms of an operating contract for a vessel 
     owned by a uniformed service, or a time charter for pre-
     positioned vessels, special mission vessels, or vessels 
     exclusively transporting military supplies and materials; and
       ``(2) is engaged in an action or actions over which such 
     employee has been given no discretion (e.g., anchoring or 
     mooring at one or more designated anchorages or buoys, or 
     executing specific operational elements of a special mission 
     activity), as determined by the uniformed service controlling 
     the contract.''.

     SEC. 16. ENFORCEMENT.

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

     ``SEC. 214. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--
       ``(1) In general.--Any person who is authorized to enforce 
     this title may--
       ``(A) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel, except that such authority shall not exist with 
     respect to vessels owned or time chartered by a uniformed 
     service (as defined in section 101 of title 10, United States 
     Code) as warships or naval auxiliaries;
       ``(B) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;
       ``(C) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(D) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(E) exercise any other lawful authority; and
       ``(F) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 212.
       ``(2) Naval auxiliary defined.--In this subsection, the 
     term `naval auxiliary' means a vessel, other than a warship, 
     that is owned by or under the exclusive control of a 
     uniformed service and used at the time of the destruction, 
     take, loss or injury for government, non-commercial service, 
     including combat logistics force vessels, pre-positioned 
     vessels, special mission vessels, or vessels exclusively used 
     to transport military supplies and materials.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--Any person subject to 
     the jurisdiction of the United States who violates this title 
     or any regulation promulgated or permit issued hereunder, 
     shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation. 
     In determining the amount of civil administrative penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, and any history of prior violations, and such 
     other matters as justice may require. In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this title, and who violates this 
     title or any regulation or permit issued under this title, 
     the Secretary may deny, suspend, amend, or revoke in whole or 
     in part any such permit. For any person who has failed to pay 
     or defaulted on a payment agreement of any civil penalty or 
     criminal fine or liability assessed pursuant to any natural 
     resource law administered by the Secretary, the Secretary may 
     deny, suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this title.
       ``(3) Imposition of civil judicial penalties.--Any person 
     who violates any provision of this title, any regulation 
     promulgated or permit issued thereunder, shall be subject to 
     a civil judicial penalty not to exceed $250,000 for each such 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require. In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require. In imposing 
     such penalty, the district court may also consider 
     information related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by Secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidiction.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section. For 
     the purpose of this section, American Samoa shall be included 
     within the judicial district of the District Court of the 
     United States for the District of Hawaii. Each violation 
     shall be a separate offense and the offense shall be deemed 
     to have been committed not only in the district where the 
     violation first occurred, but also in any other district as 
     authorized by law.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--A person who is convicted of an 
     offense in violation of this title shall forfeit to the 
     United States--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.

     Pursuant to section 2461(c) of title 28, United States Code, 
     the provisions of section 413 of

[[Page S158]]

     the Controlled Substances Act (21 U.S.C. 853) other than 
     subsection (d) thereof shall apply to criminal forfeitures 
     under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be subject to forfeiture to the United States in accordance 
     with the provisions of chapter 46 of title 18, United States 
     Code, and no property right shall exist in it:
       ``(A) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof).
       ``(B) Any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary judgment, and judicial 
     forfeiture and condemnation for violation of the customs 
     laws, the disposition of the property forfeited or condemned 
     or the proceeds from the sale thereof, the remission or 
     mitigation of such forfeitures, and the compromise of claims 
     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     insofar as applicable and not inconsistent with the 
     provisions hereof. For seizures and forfeitures of property 
     under this section by the Secretary, such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by such officers as are 
     designated by the Secretary or, upon request of the 
     Secretary, by any other agency that has authority to manage 
     and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this title 
     or of any regulation promulgated under this title and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Notwithstanding section 3302 of title 31, United 
     States Code, or section 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861), amounts 
     received by the United States as civil penalties under 
     subsection (c) of this section, forfeitures of property under 
     subsection (d) of this section, and costs imposed under 
     subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Amounts received under this section for forfeitures 
     under subsection (d) and costs imposed under subsection (e) 
     shall be used to pay the reasonable and necessary costs 
     incurred by the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this title or any regulation 
     promulgated under this title.
       ``(3) Amounts received under this section as civil 
     penalties under subsection (c) of this section and any 
     amounts remaining after the operation of paragraph (2) of 
     this subsection shall--
       ``(A) be used to stabilize, restore, or otherwise manage 
     the coral reef with respect to which the violation occurred 
     that resulted in the penalty or forfeiture;
       ``(B) be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 208(d) or an account described in section 213(d)(1) 
     of this title, to reimburse such account for amounts used for 
     authorized emergency actions;
       ``(C) be used to conduct monitoring and enforcement 
     activities;
       ``(D) be used to conduct research on techniques to 
     stabilize and restore coral reefs;
       ``(E) be used to conduct activities that prevent or reduce 
     the likelihood of future damage to coral reefs;
       ``(F) be used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) be used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Any person (other than a foreign government or any 
     entity of such government) who knowingly commits any act 
     prohibited by section 212(c) of this title shall be 
     imprisoned for not more than 5 years and shall be fined not 
     more than $500,000 for individuals or $1,000,000 for an 
     organization; except that if in the commission of any such 
     offense the individual uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any officer authorized 
     to enforce the provisions of this title, or places any such 
     officer in fear of imminent bodily injury, the maximum term 
     of imprisonment is not more than 10 years.
       ``(2) Any person (other than a foreign government or any 
     entity of such government) who knowingly violates subsection 
     (b), (d), or (e) of section 212 shall be fined under title 
     18, United States Code, or imprisoned not more than 5 years 
     or both.
       ``(3) Any person (other than a foreign government or any 
     entity of such government) who violates subsection (b), (d), 
     or (e) of section 212, and who, in the exercise of due care 
     should know that such person's conduct violates subsection 
     (b), (d), or (e) of section 212, shall be fined under title 
     18, United States Code, or imprisoned not more than 1 year, 
     or both.
       ``(4) The several district courts of the United States 
     shall have jurisdiction over any actions brought by the 
     United States arising under this subsection. For the purpose 
     of this subsection, American Samoa shall be included within 
     the judicial district of the District Court of the United 
     States for the District of Hawaii. Each violation shall be a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       ``(h) Subpoenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the National Oceanic and Atmospheric 
     Administration which is determined on the record in 
     accordance with the procedures provided for under section 554 
     of title 5, United States Code, the Secretary may issue 
     subpoenas for the attendance and testimony of witnesses and 
     the production of relevant papers, books, electronic files, 
     and documents, and may administer oaths.
       ``(i) Coast Guard Authority Not Limited.--Nothing in this 
     section shall be considered to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) If the Secretary determines that there is an imminent 
     risk of destruction or loss of or injury to a coral reef, or 
     that there has been actual destruction or loss of, or injury 
     to, a coral reef which may give rise to liability under 
     section 213 of this title, the Attorney General, upon request 
     of the Secretary, shall seek to obtain such relief as may be 
     necessary to abate such risk or actual destruction, loss, or 
     injury, or to restore or replace the coral reef, or both. The 
     district courts of the Unites States shall have jurisdiction 
     in such a case to order such relief as the public interest 
     and the equities of the case may require.
       ``(2) Upon the request of the Secretary, the Attorney 
     General may seek to enjoin any person who is alleged to be in 
     violation of any provision of this title, or any regulation 
     or permit issued under this title, and the district courts 
     shall have jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in Civil Actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(n) Uniformed Service Officers and Employees.--No officer 
     or employee of a uniformed service (as defined in section 101 
     of title 10, United States Code) shall be held liable under 
     this section, either in such officer's or employee's personal 
     or official capacity, for any violation of section 212 
     occurring during the performance of the officer's or 
     employee's official governmental duties.
       ``(o) Contract Employees.--No contract employee of a 
     uniformed service (as so defined), serving as vessel master 
     or crew member, shall be liable under this section for any 
     violation of section 212 if that contract employee--

[[Page S159]]

       ``(1) is acting as a contract employee of a uniformed 
     service under the terms of an operating contract for a vessel 
     owned by a uniformed service, or a time charter for pre-
     positioned vessels, special mission vessels, or vessels 
     exclusively transporting military supplies and materials; and
       ``(2) is engaged in an action or actions over which such 
     employee has been given no discretion (e.g., anchoring or 
     mooring at one or more designated anchorages or buoys, or 
     executing specific operational elements of a special mission 
     activity), as determined by the uniformed service controlling 
     the contract.''.

     SEC. 17. PERMITS.

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

     ``SEC. 215. PERMITS.

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

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

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

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

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

     SEC. 19. REGULATIONS.

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

     ``SEC. 217. REGULATIONS.

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

     SEC. 20. EFFECTIVENESS AND ASSESSMENT REPORT.

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

     ``SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.

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

     SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

       Section 219 (formerly 16 U.S.C. 6408), as redesignated by 
     section 7 of this Act, is amended--
       (1) by striking ``$16,000,000 for each of fiscal years 
     2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
     ``$34,000,000 for fiscal year 2012, $36,000,000 for fiscal 
     year 2013, $38,000,000 for fiscal year 2014, and $40,000,000 
     for each of fiscal years 2015 through 2016, of which no less 
     than 24 percent per year (for each of fiscal years 2012 
     through 2016) shall be used for the grant program under 
     section 204, no less than 6 percent shall be used for Fishery 
     Management Councils, and up to 10 percent per year shall be 
     used for the Fund established under section 205(a),'';
       (2) by striking ``$1,000,000'' in subsection (b) and 
     inserting ``$2,000,000'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Community-Based Planning Grants.--There are 
     authorized to be appropriated to the Secretary to carry out 
     section 210 $10,000,000 for fiscal years 2012 through 2016, 
     to remain available until expended.''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) International Coral Reef Conservation Program.--There 
     are authorized to be appropriated to the Secretary to carry 
     out section 209 $8,000,000 for each of fiscal years 2012 
     through 2016, to remain available until expended.''.

     SEC. 22. JUDICIAL REVIEW.

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

     ``SEC. 220. JUDICIAL REVIEW.

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

     SEC. 23. DEFINITIONS.

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

[[Page S160]]

     ``SEC. 221. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources 
     including, inter alia, terrestrial, marine, and other aquatic 
     ecosystems and the ecological complexes of which they are 
     part, including diversity within species, between species, 
     and of ecosystems.
       ``(2) Bona fide research.--The term `bona fide research' 
     means scientific research on corals, the results of which are 
     likely--
       ``(A) to be eligible for publication in a referred 
     scientific journal;
       ``(B) to contribute to the basic knowledge of coral biology 
     or ecology; or
       ``(C) to identify, evaluate, or resolve conservation 
     problems.
       ``(3) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Gorgonacea (horny 
     corals), Stolonifera (organpipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral) of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidea (fire 
     corals) and Stylasteridae (stylasterid hydrocorals) of the 
     class Hydrozoa.
       ``(4) Coral reef.--The term `coral reef' means limestone 
     structures composed in whole or in part of living corals, as 
     described in paragraph (3), their skeletal remains, or both, 
     and including other corals, associated sessile invertebrates 
     and plants, and associated seagrasses.
       ``(5) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living or dead corals, associated sessile 
     invertebrates and plants, and any adjacent or associated 
     seagrasses.
       ``(6) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means the system of coral reefs and geographically 
     associated species, habitats, and environment, including any 
     adjacent or associated mangroves and seagrass habitats, and 
     the processes that control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or component thereof; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or component thereof;
       ``(B) the reasonable cost of damage assessments under 
     section 213;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archaeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 213, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components thereof, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Person.--The term `person' means any individual, 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic, private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(12) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or component thereof, or to minimize the imminent risks of 
     such destruction, loss, or injury, including costs related to 
     seizure, forfeiture, storage, or disposal arising from 
     liability under section 213.
       ``(13) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 211, sections 
     218 through 220 (except as otherwise provided in subparagraph 
     (B)), and the other paragraphs of this section, the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration; and
       ``(B) for purposes of sections 212 through 220--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not described in clause 
     (i).
       ``(14) Service.--The term `service' means functions, 
     ecological or otherwise, performed by a coral reef or 
     component thereof.
       ``(15) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(16) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.
                                 ______