[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[House]
[Pages 22246-22253]
[From the U.S. Government Publishing Office, www.gpo.gov]




CORAL REEF CONSERVATION ACT REAUTHORIZATION AND ENHANCEMENT AMENDMENTS 
                                OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 860) to reauthorize the Coral Reef Conservation Act of 2000, 
and for other purposes, as amended.

[[Page 22247]]

  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 860

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

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Coral Reef 
     Conservation Act Reauthorization and Enhancement Amendments 
     of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.

         TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

Sec. 101. Expansion of Coral Reef Conservation Program.
Sec. 102. Emergency response.
Sec. 103. National program.
Sec. 104. Report to Congress.
Sec. 105. Fund; grants; grounding inventory; coordination.
Sec. 106. Clarification of definitions.
Sec. 107. Authorization of appropriations.

             TITLE II--UNITED STATES CORAL REEF TASK FORCE

Sec. 201. United States Coral Reef Task Force.

      TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

Sec. 301. Amendments relating to Department of the Interior program.
Sec. 302. Clarification of 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.).

         TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

     SEC. 101. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.

       (a) Project Diversity.--Section 204(d) (16 U.S.C. 6403(d)) 
     is amended--
       (1) in the heading by striking ``Geographic and 
     Biological'' and inserting ``Project''; and
       (2) by striking paragraph (3) 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 Administrator in consultation 
     with the United States Coral Reef Task Force; and
       ``(B) other appropriate projects, as determined by the 
     Administrator, including monitoring and assessment, research, 
     pollution reduction, education, and technical support.''.
       (b) Approval Criteria.--Section 204(g) (16 U.S.C. 6403(g)) 
     is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (9);
       (2) by striking paragraph (10); and
       (3) by inserting after paragraph (9) the following:
       ``(10) promoting activities designed to minimize the 
     likelihood of vessel impacts on coral reefs, particularly 
     those areas identified under section 210(b), including the 
     promotion of ecologically sound navigation and anchorages 
     near coral reefs; or
       ``(11) 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 ecosystems.''.

     SEC. 102. EMERGENCY RESPONSE.

       Section 206 (16 U.S.C. 6405) is amended to read as follows:

     ``SEC. 206. EMERGENCY RESPONSE ACTIONS.

       ``(a) In General.--The Administrator may undertake or 
     authorize action necessary--
       ``(1) to minimize the destruction of or injury to a coral 
     reef, or loss of an ecosystem function of a coral reef, 
     from--
       ``(A) vessel impacts, derelict fishing gear, vessel 
     anchors, and anchor chains; and
       ``(B) from unforeseen or disaster-related circumstances as 
     a result of human activities; and
       ``(2) to stabilize, repair, recover, or restore a coral 
     reef that is destroyed or injured, or that has incurred the 
     loss of an ecosystem function, as described in paragraph (1).
       ``(b) Vessel Removal; Stabilization.--Action authorized by 
     subsection (a) includes vessel removal and emergency 
     stabilization of the vessel or any impacted coral reef.
       ``(c) Partnering With Other Federal and State Agencies.--
     When possible, action by the Administrator under this section 
     should--
       ``(1) be conducted in partnership with other government 
     agencies as appropriate, including--
       ``(A) the Coast Guard, the Federal Emergency Management 
     Agency, the Army Corps of Engineers, the Environmental 
     Protection Agency, and the Department of the Interior; and
       ``(B) agencies of States; and
       ``(2) leverage resources of other agencies.
       ``(d) Emergency Response Assistance by Other Federal and 
     State Agencies.--
       ``(1) In general.--The head of any other Federal or State 
     agency may assist the Administrator in emergency response 
     actions under this section, using funds available for 
     operations of the agency concerned.
       ``(2) Reimbursement.--The Administrator, subject to the 
     availability of appropriations, may reimburse a Federal or 
     State agency for assistance provided under paragraph (1).
       ``(e) Liability for Costs and Damages to Coral Reefs.--
       ``(1) Treatment of coral reefs under national marine 
     sanctuaries act.--For purposes of the provisions set forth in 
     paragraph (2), and subject to paragraph (5), each of the 
     terms `sanctuary resources', `resource', `sanctuary resource 
     managed under law or regulations for that sanctuary', 
     `national marine sanctuary', `sanctuary resources of the 
     national marine sanctuary', and `sanctuary resources of other 
     national marine sanctuaries' is deemed to include any coral 
     reef that is subject to the jurisdiction of the United States 
     or any State, without regard to whether such coral reef is 
     located in a national marine sanctuary.
       ``(2) Applicable provisions of national marine sanctuaries 
     act.--The provisions referred to in paragraph (1) are the 
     following provisions of the National Marine Sanctuaries Act:
       ``(A) Paragraphs (6) and (7) of section 302 (16 U.S.C. 
     1432).
       ``(B) Paragraphs (1), (2), (3), and (4) of section 306 (16 
     U.S.C. 1436).
       ``(C) Section 307 (16 U.S.C. 1437).
       ``(D) Section 312 (16 U.S.C. 1443).
       ``(3) Exemptions.--The destruction, loss, or injury of a 
     coral reef or any component thereof is not unlawful if it 
     was--
       ``(A) caused by the use of fishing gear in a manner that is 
     not prohibited under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law; or
       ``(B) caused by an activity that is authorized by Federal 
     or State law, including any lawful discharge from a vessel of 
     graywater, cooling water, engine exhaust, ballast water, or 
     sewage from a marine sanitation device, unless the 
     destruction, loss, or injury is a result of a vessel 
     grounding, a vessel scraping, anchor damage, or excavation 
     that is not authorized by a Federal or State permit;
       ``(C) the necessary result of bona fide marine scientific 
     research (including marine scientific research activities 
     approved by Federal, State, or local permits), other than--
       ``(i) sampling or collecting; and
       ``(ii) destruction, loss, or injury that is a result of a 
     vessel grounding, a vessel scraping, anchor damage, or 
     excavation that is not authorized by a Federal or State 
     permit; or
       ``(D)(i) caused by a Federal Government agency in--

       ``(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 purposes 
     or search and rescue; and

       ``(ii) could not be avoided.
       ``(4) Clarification of liability.--A person is not liable 
     under this subsection if that person establishes that--
       ``(A) the destruction or loss of, or injury to, the coral 
     reef or coral reef ecosystem was caused solely by an act of 
     God, an act of war, or an act of omission of a third party, 
     and the person acted with due care;
       ``(B) the destruction, loss, or injury was caused by an 
     activity authorized by Federal or State law; or
       ``(C) the destruction, loss, or injury was negligible.
       ``(5) State consent required.--
       ``(A) In general.--This subsection shall not apply to any 
     coral reef that is subject to the jurisdiction of a State 
     unless the Governor of that State notifies the Secretary that 
     the State consents to that application.
       ``(B) Revocation of consent.--The governor of a State may 
     revoke consent under subparagraph (A) by notifying the 
     Secretary of such revocation.
       ``(6) Consistency with international laws and treaties.--
       ``(A) In general.--Any action taken under the authority of 
     this subsection must be consistent with otherwise applicable 
     international laws and treaties.
       ``(B) Actions authorized with respect to vessels.--For 
     purposes of subparagraph (A), actions authorized under this 
     subsection include vessel removal, and emergency re-
     stabilization of a vessel and any coral reef that is impacted 
     by a vessel.
       ``(7) Liability under other provisions.--Nothing in this 
     title shall alter the liability of any person under any other 
     provision of law.''.

     SEC. 103. NATIONAL PROGRAM.

       (a) Purpose of Act.--Section 202 (16 U.S.C. 6401) is 
     amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively, and by inserting 
     after paragraph (1) the following:

[[Page 22248]]

       ``(2) to promote the resilience of coral reef 
     ecosystems;''.
       (2) by amending paragraph (4), as so redesignated, to read 
     as follows:
       ``(4) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems including large-scale threats related to climate 
     change, such as ocean acidification, to benefit local 
     communities and the Nation, and to the extent practicable to 
     support and enhance management and research capabilities at 
     local management agencies and local research and academic 
     institutions;''; and
       (3) by striking ``and'' after the semicolon at the end of 
     paragraph (6), as so redesignated, by striking the period at 
     the end of paragraph (7), as so redesignated, and inserting 
     ``; and'', and by adding at the end the following:
       ``(8) to recognize the benefits of healthy coral reefs to 
     island and coastal communities and to encourage Federal 
     action to ensure, to the maximum extent practicable, the 
     continued availability of those benefits.''.
       (b) Goals and Objectives of National Coral Reef Action 
     Strategy.--Section 203(b)(8) (16 U.S.C. 6402(b)(8)) is 
     amended to read as follows:
       ``(8) conservation, including resilience and the 
     consideration of island and local traditions and 
     practices.''.
       (c) Amendments Relating to Activities To Conserve Coral 
     Reefs and Coral Reef Ecosystems.--Section 207(b) (16 U.S.C. 
     6406(b)) is amended--
       (1) in paragraph (3) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (4)--
       (A) by striking ``cooperative conservation'' and inserting 
     ``cooperative research, conservation,''; and
       (B) by striking ``partners.'' and inserting ``partners, 
     including academic institutions located in States;''; and
       (3) by adding at the end the following:
       ``(5) improving and promoting the resilience of coral reefs 
     and coral reef ecosystems; and
       ``(6) activities designed to minimize the likelihood of 
     vessel impacts or other physical damage to coral reefs, 
     including those areas identified in section 210(b).''.
       (d) Criteria for Approval of Project Proposals.--Section 
     204(g) (16 U.S.C. 6403(g)) is further amended by striking 
     ``or'' after the semicolon at the end of paragraph (10), by 
     redesignating paragraph (11) as paragraph (12), and by 
     inserting after paragraph (10) the following:
       ``(11) improving and promoting the resilience of coral 
     reefs and coral reef ecosystems; or''.
       (e) Data Archive, Access, and Availability.--Section 207 
     (16 U.S.C. 6406) is amended--
       (1) in subsection (b) (as amended by subsection (b) of this 
     section) by striking ``and'' after the semicolon at the end 
     of paragraph (5), by striking the period at the end of 
     paragraph (6) and inserting ``; and'', and by adding at the 
     end the following:
       ``(7) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public with local, regional, or 
     international programs and partners.''; and
       (2) by adding at the end the following:
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and 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.''.

     SEC. 104. REPORT TO CONGRESS.

       Section 208 (16 U.S.C. 6407) is amended to read as follows:

     ``SEC. 208. REPORT TO CONGRESS.

       ``Not later than March 1, 2010, and every 5 years 
     thereafter, the Administrator shall submit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing all activities undertaken 
     to implement the strategy, including--
       ``(1) a description of the funds obligated by each 
     participating Federal agency to advance coral reef 
     conservation during each fiscal year of the 5-fiscal-year 
     period preceding the fiscal year in which the report is 
     submitted;
       ``(2) a description of Federal interagency and cooperative 
     efforts with States and non-governmental partner 
     organizations to prevent or address overharvesting, coastal 
     runoff, or other anthropogenic impacts on coral reef 
     ecosystems, including projects undertaken with the Department 
     of the Interior, the Department of Agriculture, the 
     Environmental Protection Agency, and the 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, 
     including actions taken to address large-scale threats to 
     coral reef ecosystems related to climate change.''.

     SEC. 105. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION.

       The Act (16 U.S.C. 6401 et seq.) is amended--
       (1) in section 205(a) (16 U.S.C. 6404(a)), by striking 
     ``organization solely'' and all that follows and inserting 
     ``organization--
       ``(1) to support partnerships between the public and 
     private sectors that further the purposes of this Act and are 
     consistent with the national coral reef strategy under 
     section 203; and
       ``(2) to address emergency response actions under section 
     206.'';
       (2) by adding at the end of section 205(b) (16 U.S.C. 
     6404(b)) the following: ``The organization is encouraged to 
     solicit funding and in-kind services from the private sector, 
     including nongovernmental organizations, for emergency 
     response actions under section 206 and for activities to 
     prevent damage to coral reefs, including areas identified in 
     section 210(b)(2).'';
       (3) in section 205(c) (16 U.S.C. 6404(c)), by striking 
     ``the grant program'' and inserting ``any grant program or 
     emergency response action'';
       (4) by redesignating sections 209 and 210 as sections 217 
     and 218, respectively; and
       (5) by inserting after section 208 the following:

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

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

     ``SEC. 210. VESSEL GROUNDING INVENTORY.

       ``(a) In General.--The Administrator, in coordination with 
     other Federal agencies, may maintain an inventory of all 
     vessel grounding incidents involving coral reefs, including a 
     description of--
       ``(1) the impacts to such resources;
       ``(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 
     Administrator, 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 Administrator 
     may--
       ``(1) use information from any inventory maintained under 
     subsection (a) or any other available information source to 
     identify all coral reef areas that have a high incidence of 
     vessel impacts, including groundings and anchor damage;
       ``(2) identify appropriate measures, including action by 
     other agencies, 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. 211. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       ``(a) Regional Coordination.--The Secretary and other 
     Federal members of the United States Coral Reef Task Force 
     shall work in coordination and collaboration with other 
     Federal agencies and States to implement the strategies 
     developed under section

[[Page 22249]]

     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 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. 212. AGREEMENTS.

       ``(a) In General.--The Administrator may execute and 
     perform such contracts, leases, grants, or cooperative 
     agreements as may be necessary to carry out the purposes of 
     this title.
       ``(b) Funding.--Under an agreement entered into under 
     subsection (a), the Secretary may fulfill the terms of the 
     agreement by reimbursing or providing appropriated funds to, 
     and may receive funds or reimbursements from, Federal 
     agencies, instrumentalities and laboratories; State and local 
     governments; Native American tribes and organizations; 
     international organizations; foreign governments; 
     universities and research centers; educational institutions; 
     nonprofit organizations; commercial organizations; and other 
     public and private persons or entities, as necessary for 
     purposes identified in section 202 and actions taken under 
     subsections (a) through (d) of section 206.
       ``(c) Multiyear Cooperative Agreements.--The Administrator 
     may enter into multiyear cooperative agreements with the 
     heads of other Federal agencies, States, local governments, 
     academic institutions, including marine laboratories and 
     coral reef institutes, and nongovernmental organizations to 
     carry out the activities of the national coral reef action 
     strategy developed under section 203 and to implement 
     regional strategies developed pursuant to section 211.
       ``(d) 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 
     Administrator 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, or Indian tribal government, or of any political 
     subdivision thereof, or of any foreign government or 
     international organization.

     ``SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION STRATEGY.

       ``(a) International Coral Reef Ecosystem Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Coral Reef Conservation Act Reauthorization 
     and Enhancement Amendments of 2009, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources and the Committee on Foreign Affairs of the House 
     of Representatives, and publish in the Federal Register, an 
     international coral reef ecosystem strategy, consistent with 
     the purposes of this title 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 (b) 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 title;
       ``(E) develop a plan to coordinate implementation of the 
     strategy with entities described in subsection (b) in order 
     to leverage current activities under this title 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).
       ``(b) Coordination.--In carrying out this section, 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 United States Coral Reef Task Force in 
     carrying out this subsection.
       ``(c) International Coral Reef Ecosystem Partnerships.--
       ``(1) In general.--The Secretary may 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 (a).
       ``(2) Mechanisms.--The Secretary shall provide such support 
     working in collaboration with the entities described in 
     subsection (b).
       ``(3) 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 (a), 
     and meets the criteria specified in that strategy.
       ``(d) Priority for Certain Projects Conducted by States.--
     In implementing this section, the Secretary shall give 
     priority consideration to regional initiatives and projects 
     that States are participating in with other nations.

     ``SEC. 214. PERMITS.

       ``(a) In General.--The Administrator may, in accordance 
     with this section and regulations issued under this title, 
     issue a permit authorizing the conduct of bona fide research.
       ``(b) Exempt Activities.--No permit under this section is 
     required for an activity that is exempt from liability under 
     section 206(e).
       ``(c) Terms and Conditions.--The Administrator may place 
     any terms and conditions on a permit issued under this 
     section that the Administrator deems reasonable.
       ``(d) Fees.--
       ``(1) Assessment and collection.--Subject to regulations 
     issued under this title, the Administrator may assess and 
     collect fees as specified in this subsection.
       ``(2) Amount.--Any fee assessed shall be equal to the sum 
     of--
       ``(A) all costs incurred, or expected to be incurred, by 
     the Administrator in processing the permit application, 
     including indirect costs; and
       ``(B) if the permit is approved, all costs incurred, or 
     expected to be incurred, by the Administrator as a direct 
     result of the conduct of the activity for which the permit is 
     issued.
       ``(3) Use of fees.--Amounts collected by the Administrator 
     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 Administrator 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 Administrator 
     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 activity that is not prohibited by 
     this title or regulations issued under this title.

     ``SEC. 215. REGULATIONS; APPLICATION IN ACCORDANCE WITH 
                   INTERNATIONAL LAW.

       ``(a) Regulations.--The Administrator may issue such 
     regulations as are necessary and appropriate to carry out the 
     purposes of sections 206 and 214.
       ``(b) Relationship to International Law.--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. 106. CLARIFICATION OF DEFINITIONS.

       Section 218, as redesignated by section 105 of this Act 
     (relating to definitions; 16 U.S.C. 6409), is further 
     amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) Conservation.--The term `conservation' means the use 
     of methods and procedures that are necessary to preserve or 
     sustain coral reefs and associated species as resilient 
     diverse, viable, and self-perpetuating coral reef ecosystems, 
     including--
       ``(A) all activities associated with resource management, 
     such as assessment, conservation, protection, restoration, 
     sustainable use, and management of habitat;
       ``(B) mapping;
       ``(C) monitoring of coral reef ecosystems;
       ``(D) development and implementation of management 
     strategies for marine protected area or networks thereof 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.);
       ``(E) law enforcement;
       ``(F) conflict resolution initiatives;
       ``(G) community outreach and education; and
       ``(H) activities that promote safe and ecologically sound 
     navigation.'';

[[Page 22250]]

       (2) by amending paragraph (3) to read as follows:
       ``(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 (organ-pipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral), of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidae (fire 
     corals) and Stylasteridae (stylasterid hydrocorals), of the 
     class Hydrozoa.'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) Coral reef.--The term `coral reef' means a limestone 
     structure, in the form of a reef or shoal, comprised in whole 
     or in part by living coral, skeletal remains of coral, and 
     other associated sessile marine plants and animals.'';
       (4) by amending paragraph (5) to read as follows:
       ``(5) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means a system of coral reefs and geographically 
     associated species, habitats, and environment, including 
     mangroves and seagrass habitats, and the processes that 
     control its dynamics.''; and
       (5) by redesignating paragraphs (7) and (8) in order as 
     paragraphs (8) and (9), respectively, and by inserting after 
     paragraph (6) the following:
       ``(7) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living coral, skeletal remains of coral, and other 
     associated sessile marine plants and animals, and any 
     adjacent or associated seagrasses.''.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       Section 217, as redesignated by section 105 of this Act 
     (relating to authorization of appropriations; 16 U.S.C. 
     6408), is further amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary of Commerce to carry out this title 
     $30,000,000 for fiscal year 2010, $32,000,000 for fiscal year 
     2011, $34,000,000 for fiscal year 2012, and $35,000,000 for 
     fiscal years 2013 and 2014.'';
       (2) in subsection (b) by striking ``$1,000,000'' 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 Administrator to carry out section 
     209, $8,000,000 for fiscal years 2010 through 2014, to remain 
     available until expended.''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Department of the Interior.--There is authorized to 
     be appropriated to the Secretary of the Interior to carry out 
     this title $10,000,000 for each of fiscal years 2010 through 
     2014.''.

             TITLE II--UNITED STATES CORAL REEF TASK FORCE

     SEC. 201. UNITED STATES CORAL REEF TASK FORCE.

       (a) Establishment.--There is hereby established the United 
     States Coral Reef Task Force.
       (b) Goal.--The goal of the Task Force shall be to lead, 
     coordinate, and strengthen Federal Government actions to 
     better preserve and protect coral reef ecosystems.
       (c) Duties.--The duties of the Task Force shall be--
       (1) to coordinate, in cooperation with State and local 
     government partners, academic partners, and nongovernmental 
     partners if appropriate, activities regarding the mapping, 
     monitoring, research, conservation, mitigation, restoration 
     of coral reefs and coral reef ecosystems;
       (2) to monitor and advise regarding implementation of the 
     policy and Federal agency responsibilities set forth in 
     Executive Order 13089 and the national coral reef action 
     strategy developed under section 203 of the Coral Reef 
     Conservation Act of 2000, as amended by this Act; and
       (3) to work with the Secretary of State and the 
     Administrator of the Agency for International Development, 
     and in coordination with the other members of the Task Force, 
     to--
       (A) assess the United States role in international trade 
     and protection of coral species; and
       (B) encourage implementation of appropriate strategies and 
     actions to promote conservation and sustainable use of coral 
     reef resources worldwide.
       (d) Membership, Generally.--The Task Force shall be 
     comprised of--
       (1) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, and the Secretary of the Interior, who shall 
     be co-chairs of the Task Force;
       (2) the Administrator of the Agency of International 
     Development;
       (3) the Secretary of Agriculture;
       (4) the Secretary of Defense;
       (5) the Secretary of the Army, acting through the Corps of 
     Engineers;
       (6) the Secretary of Homeland Security;
       (7) the Attorney General;
       (8) the Secretary of State;
       (9) the Secretary of Transportation;
       (10) the Administrator of the Environmental Protection 
     Agency;
       (11) the Administrator of the National Aeronautics and 
     Space Administration;
       (12) the Director of the National Science Foundation;
       (13) the Governor, or a representative of the Governor, of 
     the Commonwealth of the Northern Mariana Islands;
       (14) the Governor, or a representative of the Governor, of 
     the Commonwealth of Puerto Rico;
       (15) the Governor, or a representative of the Governor, of 
     the State of Florida;
       (16) the Governor, or a representative of the Governor, of 
     the State of Hawaii;
       (17) the Governor, or a representative of the Governor, of 
     the Territory of Guam;
       (18) the Governor, or a representative of the Governor, of 
     the Territory of American Samoa; and
       (19) the Governor, or a representative of the Governor, of 
     the Virgin Islands.
       (e) Nonvoting Members.--The President, or a representative 
     of the President, of each of the Freely Associated States of 
     the Federated States of Micronesia, the Republic of the 
     Marshall Islands, and the Republic of Palau may appoint a 
     nonvoting member of the Task Force.
       (f) Responsibilities of Federal Agency Members.--
       (1) In general.--The Federal agency members of the Task 
     Force shall--
       (A) identify the actions of their agencies that may affect 
     coral reef ecosystems;
       (B) utilize the programs and authorities of their agencies 
     to protect and enhance the conditions of such ecosystems; and
       (C) assist in the implementation of the National Action 
     Plan to Conserve Coral Reefs, the national coral reef action 
     strategy developed under section 203 of the Coral Reef 
     Conservation Act of 2000, as amended by this Act, the local 
     action strategies, and any other coordinated efforts approved 
     by the Task Force.
       (2) Co-chairs.--In addition to their responsibilities under 
     paragraph (1), the co-chairs of the Task Force shall 
     administer performance of the functions of the Task Force and 
     facilitate the coordination of the Federal agency members of 
     the Task Force.
       (g) Working Groups.--
       (1) In general.--The co-chairs of the Task Force may 
     establish working groups as necessary to meet the goals and 
     duties of this title. The Task Force may request the co-
     chairs to establish such a working group.
       (2) Participation by nongovernmental organizations.--The 
     co-chairs may allow a nongovernmental organization or 
     academic institution to participate in such a working group.
       (h) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Task Force.
       (i) Definitions.--The definitions in section 218 of the 
     Coral Reef Conservation Act of 2000, as amended by this Act, 
     shall apply to this section.

      TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

     SEC. 301. AMENDMENTS RELATING TO DEPARTMENT OF THE INTERIOR 
                   PROGRAM.

       (a) Amendments and Clarifications to Definitions.--
       (1) Fish and wildlife coordination act.--Section 8 of the 
     Fish and Wildlife Coordination Act (16 U.S.C. 666b) is 
     amended by inserting before the period at the end the 
     following: ``, including coral reef ecosystems (as such term 
     is defined in section 218 of the Coral Reef Conservation Act 
     of 2000) located in any unit of the National Park System, any 
     unit of the National Wildlife Refuge System, or any Marine 
     National Monument designated under the Act of June 8, 1906 
     (34 Stat. 225; 16 U.S.C. 431) (popularly known as the 
     `Antiquities Act')''.
       (2) Fish and wildlife act of 1956 and fish and wildlife 
     improvement act of 1978.--With respect to the authorities 
     under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.) and the authorities under the Fish and Wildlife 
     Improvement Act of 1978 (16 U.S.C. 742l), references in such 
     Acts to ``wildlife'' and ``fish and wildlife'' shall be 
     construed to include coral reef ecosystems (as such term is 
     defined in section 218 of the Coral Reef Conservation Act of 
     2000, as amended by this Act) located in any unit of the 
     National Park System, any unit of the National Wildlife 
     Refuge System, or any Marine National Monument designated 
     under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) 
     (popularly known as the ``Antiquities Act'').
       (b) Coral Reef Conservation Assistance.--
       (1) In general.--The Secretary of the Interior may provide 
     technical assistance and, subject to the availability of 
     appropriations, financial assistance for the conservation of 
     coral reefs.
       (2) Definitions.--In this subsection each of the terms 
     ``conservation'' and ``coral reef'' has the meaning that term 
     has under section 218 of the Coral Reef Conservation Act of 
     2000 (16 U.S.C. 6409), amended by this Act.

     SEC. 302. CLARIFICATION OF DEFINITIONS.

       Section 218, as redesignated by section 105 of this Act 
     (relating to definitions; 16 U.S.C. 6409), is further 
     amended--
       (1) by amending paragraph (1) to read as follows:

[[Page 22251]]

       ``(1) Administrator.--The term `Administrator'--
       ``(A) except as provided in subparagraph (B), means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration; and
       ``(B) in sections 206, 209, 212, 214, and 215, means the 
     Secretary of the Interior for purposes of application of 
     those sections to national park units and national wildlife 
     refuges.''; and
       (2) by amending paragraph (7) to read as follows:
       ``(7) Secretary.--The term `Secretary'--
       ``(A) except as provided in subparagraphs (B) and (C), 
     means the Secretary of Commerce;
       ``(B) in section 206(e), means--
       ``(i) the Secretary of the Interior, with respect to any 
     coral reef or component thereof that is located in--

       ``(I) any unit of the National Park System;
       ``(II) any unit of the National Wildlife Refuge System; or
       ``(III) any Marine National Monument designated under any 
     of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
     seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.), the Fish and Wildlife Improvement Act of 1978 (16 
     U.S.C. 695j-1 et seq.) and the provisions of law enacted by 
     that Act, and the Act of June 8, 1906 (34 Stat. 225; 16 
     U.S.C. 431) (popularly known as the `Antiquities Act') and 
     that is under the administrative jurisdiction of the 
     Secretary of the Interior; and

       ``(ii) the Secretary of Commerce, with respect to any other 
     coral reef or component thereof that is located in any Marine 
     National Monument designated under a law referred to in 
     clause (i)(III); and
       ``(C) in sections 203, means the Secretary of Commerce and 
     the Secretary of the Interior.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, last year the release of the Monaco 
Declaration made it apparent that ocean acidification is inevitable and 
will cause severe damage to coral reef ecosystems. This consensus of 
over 150 scientists from 26 nations is a clear statement that we must 
take action now to reduce and eliminate stresses on corals so that they 
can be conserved for future generations. H.R. 860, the Coral Reef 
Conservation Act Reauthorization and Enhancement Amendments of 2009, 
enhances the Federal Government's ability to respond to emergency 
situations and to protect reefs from damage caused by vessel 
groundings. It also codifies the U.S. Coral Reef Task Force, which has 
worked tirelessly to build partnerships and strategies for on-the-
ground and in-the-water actions to conserve these ecosystems.
  There is an urgent need to pass H.R. 860 to improve our ability to 
reduce and eliminate the stresses on these precious coral reef 
ecosystems. Mr. Speaker, my district of Guam is one of the several U.S. 
Coral Reef Task Force jurisdictions. The health of coral reefs in the 
waters surrounding the island jurisdictions and off the State of 
Florida is key to our economic standing and to the protection of our 
environment. H.R. 860 is, therefore, of particular importance to my 
district. Reauthorizing the law will afford the territories the 
opportunity and the resources necessary to continue to develop and 
implement local action strategies for the conservation of our coral 
reefs in partnership with the Federal Government. So with that, Mr. 
Speaker, I ask Members on both sides to support its passage and look 
forward to the opportunity of working with leaders in the other body to 
enact this bill into law in this Congress.
  I reserve the balance of my time.
  I submit for the Record the following exchange of letters between the 
Committee on Natural Resources and the Committee on Foreign Affairs and 
the Committee on Science and Technology concerning H.R. 860.

                                 Committee on Foreign Affairs,

                                     Washington, DC, July 9, 2009.
     Hon. Nick J. Rahall II,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning H.R. 860, 
     the Coral Reef Conservation Act Reauthorization and 
     Enhancement Amendments of 2009.
       H.R. 860 contains provisions within the Rule X jurisdiction 
     of the Committee on Foreign Affairs. In the interest of 
     permitting your Committee to proceed expeditiously to floor 
     consideration of this important bill, I am willing to waive 
     this Committee's right mark up these bills. I do so with the 
     understanding that by waiving consideration of H.R. 860, the 
     Committee on Foreign Affairs does not waive any future 
     jurisdictional claim over the subject matters contained in 
     the bills which fall within its Rule X jurisdiction.
       Further, I request your support for the appointment of 
     Foreign Affairs Committee conferees during any House-Senate 
     conference convened on this legislation. I would ask that you 
     place this letter into the committee report on H.R. 860 and 
     insert the letters in the Congressional Record when the House 
     has this bill under consideration.
       I look forward to working with you as we move these 
     important measures through the legislative process.
           Sincerely,
                                                 Howard L. Berman,
                                                         Chairman.
                                  ____
                                  


                               Committee on Natural Resources,

                                     Washington, DC, July 9, 2009.
     Hon. Howard Berman,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Howard: Thank you for your willingness to expedite 
     floor consideration of H.R. 860, the Coral Reef Conservation 
     Act Reauthorization and Enhancement Amendments of 2009.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 860, even though your Committee has a 
     jurisdictional interest in the matter and would receive a 
     sequential referral. Of course, this waiver does not 
     prejudice any further jurisdictional claims by your Committee 
     over this legislation or similar language. Furthermore, I 
     agree to support your request for appointment of conferees 
     from the Committee on Foreign Affairs if a conference is held 
     on this matter.
       This exchange of letters will be placed in the committee 
     report and inserted in the Congressional Record as part of 
     the consideration of the bill on the House floor. Thank you 
     for the cooperative spirit in which you have worked regarding 
     this matter and others between our respective committees.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
                         Chairman, Committee on Natural Resources.
                                  ____
                                  
                                              Committee on Science


                                               and Technology,

                               Washington, DC, September 22, 2009.
     Hon. Nick Rahall,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
       Dear Chairman Rahall: I am writing to you concerning the 
     jurisdictional interest of the Committee on Science and 
     Technology in H.R. 860, To reauthorize the Coral Reef 
     Conservation Act of 2000, and for other purposes.
       Our committee recognizes the importance of H.R. 860 and the 
     need for the legislation to move expeditiously. Therefore, 
     while we have a valid claim to jurisdiction over the bill, I 
     do not intend to request a sequential referral. This, of 
     course, is conditional on our mutual understanding that 
     nothing in this legislation or my decision to forego a 
     sequential referral waives, reduces or otherwise affects the 
     jurisdiction of the Committee on Science and Technology, and 
     that a copy of this letter and your response acknowledging 
     our jurisdictional interest in the bill will be included as 
     part of the Congressional Record during consideration of this 
     bill by the House.
       The Committee on Science and Technology also asks that you 
     support our request to be conferees on the provisions over 
     which we have jurisdiction during any House-Senate 
     conference.
       Thank you for your consideration in this matter.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.
                                  ____
                                  


                               Committee on Natural Resources,

                               Washington, DC, September 22, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, Washington, 
         DC.
       Dear Mr. Chairman: Thank you for your willingness to 
     expedite floor consideration of H.R. 860, the Coral Reef 
     Conservation Act Reauthorization and Enhancement Amendments 
     of 2009.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 860, even though your Committee has a 
     jurisdictional interest in the matter and would receive a 
     sequential referral. Of course, this waiver does not 
     prejudice any further jurisdictional claims by your Committee 
     over this legislation or similar language. Furthermore, I 
     agree to support your request for appointment of conferees 
     from the Committee

[[Page 22252]]

     on Science and Technology if a conference is held on this 
     matter.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of the bill 
     on the House floor. Thank you for the cooperative spirit in 
     which you have worked regarding this matter and others 
     between our respective committees.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
                         Chairman, Committee on Natural Resources.

  Mr. CHAFFETZ. I yield myself such time as I may consume.
  H.R. 860 reauthorizes the Coral Reef Conservation Act of 2000. That 
act provided grants for locally based actions to address locally 
identified threats to coral reefs. While H.R. 860, as introduced, was 
not a bill that Ranking Member Hastings could support, I appreciate the 
efforts by subcommittee Chair Ms. Bordallo to address the concerns on 
our side of the aisle and to make this a much better piece of 
legislation than it was before. This legislation has a long way to go 
and faces hurdles in the Senate. I hope that we will be able to 
continue to work cooperatively across the aisle to make sure this 
legislation does not create new regulatory burdens on those activities 
that only indirectly affect coral reefs and does not create a new 
industry for litigation based on coral reef conservation.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I have no additional requests for time and 
would inquire of the minority whether they have any additional 
speakers.
  Mr. CHAFFETZ. I yield such time as she may consume to the gentlewoman 
from Florida (Ms. Ros-Lehtinen).
  Ms. ROS-LEHTINEN. I thank my good friend for yielding me the time.
  Mr. Speaker, I rise in strong support of H.R. 860, the 
reauthorization of the Coral Reef Conservation Act. In addition to 
having the tremendous honor of representing the Florida Keys here in 
the United States Congress, I'm also pleased to boast that my district 
is home to one of the most diverse ecosystems in the Nation, if not the 
world. The waters surrounding my district, Florida's 18th Congressional 
District, is home to America's only living barrier coral reef, which is 
also the second-largest coral reef tract in the world. The bill before 
us today, H.R. 860, would continue the Federal Government's efforts to 
protect and preserve the coral reef systems in the Florida Keys as well 
as in Hawaii and in Guam.
  Coral reefs provide many economic, environmental and cultural 
benefits, particularly in my home district, where tourism brings in 
hundreds of millions of dollars every year. As the reefs sustain more 
damage every day, the tourism and ecosystem they help to maintain are 
threatened. This bill, in particular, will increase Federal oversight 
over the monitoring and rehabilitation efforts of our coral reef system 
while also promoting community-based conservation initiatives. In 
effect, local stakeholders and Federal agencies will work together to 
develop regionally approved and appropriate management plans.
  One of the most important ways that this bill will help to protect 
coral reefs is by authorizing emergency responses to the physical 
damages that are sustained by coral reefs due to vessel groundings and 
impacts from derelict fishing gear. Having the distinct pleasure of 
taking part in two scuba diving missions to the Aquarius Undersea 
Laboratory in the Florida Keys, I witnessed just how important our 
coral reefs are not only to the environment but also for the education 
of our young people. In today's hyperlinked world, elementary students 
from Idaho can tune in to educational broadcasts on the dangers of 
coral bleaching and offshore drilling by the aquanauts working in the 
Aquarius. During one of my two visits to Aquarius, I had the pleasure 
of participating in a live question-and-answer session with local 
elementary school students on the issue of coral reef preservation.
  Coral reefs are important to all Americans, not just to those of us 
who are fortunate enough to live in coastal areas. That is why I join 
my colleagues here today in strong support of H.R. 860, a bill which 
reaffirms the role of our Federal Government in protecting these 
precious coral resources for today and tomorrow's generations. Thank 
you for the time, my good friend from Utah, and I thank my wonderful 
friend from Guam, once again, for fighting for our Nation's 
environment.
  Mr. CHAFFETZ. I reserve the balance of my time, Mr. Speaker.
  Ms. BORDALLO. Mr. Speaker, I thank my colleagues, the gentlelady from 
Florida, Congresswoman Ros-Lehtinen, for her very strong words in 
support of this bill and, of course, from the opposite side of the 
aisle, the manager of the bill here, Mr. Chaffetz of Utah. I want to 
thank them for their support.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise in strong support of H.R. 860, 
legislation to reauthorize the Coral Reef Conservation Act of 2000. I 
want to commend the gentlelady from Guam who is my good friend and 
Chairwoman of the Subcommittee on Insular Affairs, Oceans and Wildlife, 
Congresswoman Bordallo, for her leadership on this important issue. I 
also want to commend Chairman Rahall and members of the Natural 
Resources Committee for bringing this important bill before the House 
for consideration.
  Mr. Speaker, much has been said about how our coral reefs are in a 
critical state but it must be reemphasized that the conservation of 
coral reef is a national priority, especially given its ecological, 
social, economic and scientific value.
  Known also as the ``rainforests of the sea,'' coral reefs provide 
support to about 4,000 documented fish species, 800 species of hard 
corals, and hundreds of other species, which is more species per unit 
area compared to any other marine ecosystem.
  Economically, coral reefs provide the basis for an estimated $400 
billion global fishing and tourism industry. For the Territories in the 
South Pacific Region, the economic value of coral reefs is even 
steeper. For example, estimates of annual economic value of coral reefs 
in Guam ($127.3 million), the Commonwealth of the Northern Mariana 
Islands ($61.7 million), and American Samoa ($5.8 million), demonstrate 
the importance of this resource to island economies.
  But even more significant, there is increasing interest in research 
on corals for possible cures for cancer, arthritis, human bacterial 
infections, viruses and other diseases. In addition, corals which live 
300 years or more may contain environmental data that can assist 
scientists to better understand climate change and also improve studies 
on ocean acidification.
  Yet, more than 28 percent of the world's coral reefs have been lost 
forever. The list of environmental threats facing coral reefs is long 
including overfishing and destructive fishing practices; ship 
groundings and debris; impacts of human population growth and shoreline 
development; polluted runoff and degraded water quality; and siltation 
and impaired water clarity.
  In addition, more studies have revealed climate change also poses 
serious threats, including ocean acidification and warming of tropical 
and subtropical coastal waters. Such is the seriousness of threat on 
coral reefs that the global community declared 2008 as the 
International Year of the Reef. This was even recognized by the House 
in the last Congress through the unanimous passage of House Resolution 
1112.
  To address these many threats to coral reefs, Congress passed the 
Coral Reef Conservation Act which established the Coral Reef 
Conservation Program within the National Oceanic and Atmospheric 
Administration (NOAA) to fund coral reef conservation activities. H.R. 
860 follows this successful model in place and provides additional 
tools and mechanisms to better protect our coral reefs.
  In addition, I am especially encouraged that this bill also 
recognizes the importance of providing funding and resources to 
institutes that are directly impacted and also pursuing further 
exploration and research of coral reefs. Under this bill, universities 
and research centers, such as coral reef institutes or other 
educational institutions such as the University of Guam or American 
Samoa Community College, will be given resources and support to conduct 
ecological research and monitoring that builds capacity for more 
effective resource management.
  I cannot reemphasize enough the importance of coral reefs to our 
nation and the rest of the world. I urge my colleagues to vote yes on 
H.R. 860 and help protect our coral reefs.
  Mr. KIRK. Mr. Speaker, today I offer my strong support for the Coral 
Reef Conservation Act Reauthorization and Enhancement Amendments. Coral 
reefs are unique ecosystems that support over one million species

[[Page 22253]]

globally, offer essential protection from hurricanes, typhoons, and 
tsunamis, and attract millions of vacationers each year. Unfortunately, 
these reefs face unparalleled dangers today from pollution, 
overfishing, coastal development, disease, habitat fragmentation, ship 
groundings, and warming waters.
  Ten percent of coral reefs have already disappeared from U.S. waters 
alone while over seventy percent of the world's reefs are threatened. 
If this trend continues, more than forty percent of global coral reefs 
will be lost in the next two to ten years.
  The Coral Reef Conservation Act Reauthorization addresses the coral 
reef crisis by taking strong actions in response to physical damages to 
reefs by developing scientific management strategies to promote reef 
resilience. I urge my colleagues to join me in support of this 
legislation critical to conserving our oceans' greatest treasures.
  Mr. KLEIN of Florida. Mr. Speaker, I rise today in strong support of 
H.R. 860, the Coral Reef Conservation Act Reauthorization and 
Enhancement Amendments of 2009. I also want to thank the lead sponsor 
of the legislation and distinguished chair of the Insular Affairs, 
Oceans and Wildlife Subcommittee, Ms. Bordallo, for all her tireless 
efforts to protect our natural resources and insular areas.
  Mr. Speaker, coral reefs are among the most diverse, biologically 
complex, and valuable ecosystems on earth. In my home State of Florida, 
we are fortunate to have the third largest barrier reef in the world. 
The importance of coral reefs to south Florida cannot be overstated. In 
addition to erecting a vital first-line of defense against hurricanes 
and storm surges for our coastal communities, coral reefs have an 
immeasurable environmental value. They provide awe and inspiration to 
divers and snorkelers from all over the world, and are a driving force 
for our tourism and fishing industries. In Broward County alone, coral 
reefs contribute over $2 billion annually to our local economy.
  Coral reefs, however, are in nothing short of a crisis. Faced with 
dangers both man-made and natural, including global warming, 
overfishing, coastal pollution, and bleaching, coral reefs are dying in 
alarming numbers. In fact, scientists estimate that 60 percent of coral 
reefs may disappear before 2050.
  That's why I'm proud to support the legislation before us today. H.R. 
860 will reauthorize the landmark Coral Reef Conservation Act of 2000, 
which created the Coral Reef Conservation Program to directly issue 
grants to States, territories, and other partners for coral reef 
conservation projects. The act also requires the development of a Coral 
Reef Action Strategy and authorizes NOAA to undertake research, 
mapping, management, and education and outreach activities to protect 
coral reef ecosystems.
  In addition to reauthorizing these important provisions, H.R. 860 
will make important changes to the Coral Reef Conservation Act of 2000. 
One will be to take advantage of the vast resources and expertise at 
our prestigious universities and research institutes. For example, the 
three U.S. Coral Reef Institutes at Florida, Puerto Rico, and Hawaii 
conduct outstanding scientific research, and support State and local 
coral reef resource managers and local action strategies.
  I personally can attest to their great work because the National 
Coral Reef Institute, NCRI, is located in my backyard, in Ft. 
Lauderdale, FL. NCRI and the other institutes serve as a ready source 
of knowledge, research, monitoring, and management support for corals 
and coral reefs via partnerships between academia, NOAA, and other 
Federal, State, and local managers.
  Another important aspect of this legislation will be to authorize 
NOAA to respond to vessel groundings. Since 1994, we've seen 12 large 
ships run aground on sensitive coral reefs near Ft. Lauderdale. The 
last one, occurring almost 2 years ago, involved a freighter that left 
a 20-foot swath of destruction about 100 feet long. Whatever coral that 
once lived there sadly is now gone.
  Part of the solution to vessel groundings is adopting better 
prevention strategies, such as closing anchorage sites in shallow 
waters that are close to coral reefs. But we also need to respond 
faster when a vessel runs aground because the sooner the corals can be 
restored, the better chances it has for survival. Expanding NOAA's 
authority to act will allow NOAA to utilize their experience and 
resources to both assess the damage and restore the reefs.
  Mr. Speaker, we, in this distinguished body, frequently debate 
contentious issues that divide America. But not with this bill and not 
with this issue. Protecting a national treasure such as coral reefs 
brings people together because everyone understands their vital 
importance--Democrats and Republicans alike. That's why I am confident 
that we'll have broad bipartisan support to pass H.R. 860. I thank my 
colleagues in advance.
  Ms. BORDALLO. Mr. Speaker, I rise today to address concerns over the 
definition of ``coral reef' in H.R. 860, which were raised by the 
gentleman from Oklahoma, a co-chairman of the Congressional Sportsmen's 
Caucus, Congressman Dan Boren, during a Committee on Natural Resources 
mark-up on April 22, 2009.
  My colleague was concerned that the definition of ``coral reef' 
inappropriately included references to limestone structures that could 
have been interpreted to include sea floor habitat beyond what is 
commonly recognized as a coral reef.
  The bill, which was amended and adopted in the whole House by voice 
vote on Tuesday, September 22, 2009, includes revisions to this 
definition that better capture the physical structure and biological 
elements of coral reefs. The new definition also limits the geographic 
scope of coral reefs to those features that appear as reefs and shoals. 
In this regard, this new definition makes it clear that areas which are 
composed mainly of limestone bedrock, such as large areas of seabed on 
the continental shelf of the Gulf of Mexico, are not coral reefs for 
the purposes of this Act.
  This definition is supported by the Congressional Sportsmen's 
Foundation, the American Sportfishing Association, and the National 
Marine Manufacturers Association and I appreciate their collaboration 
in developing this compromise.
  I am confident that this new definition will provide clear guidance 
to the National Oceanic and Atmospheric Administration in their 
interpretation of this Act, and I thank my colleague, Congressman Boren 
for providing constructive clarification of this definition.
  I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, having no other speakers, I yield back the 
balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this bill. 
I thank them for their support on the floor here.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 860, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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