[Senate Report 111-349]
[From the U.S. Government Publishing Office]
Calendar No. 643
111th Congress } { Report
2d Session } SENATE { 111-349
_______________________________________________________________________
CORAL REEF CONSERVATION AMENDMENTS ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2859
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 17, 2010.--Ordered to be printed
_______
U.S. GOVERNMENT PRINTING OFFICE
99-010 PDF WASHINGTON : 2010
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 643
111th Congress Report
2d Session SENATE 111-349
======================================================================
CORAL REEF CONSERVATION AMENDMENTS ACT OF 2009
_______
November 17, 2010.--Ordered to be printed
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2859]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2859) to reauthorize the Coral
Reef Conservation Amendments Act of 2000, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2859, the Coral Reef Conservation
Amendments Act of 2009, is to reauthorize the Coral Reef
Conservation Act of 2000.
Background and Needs
Coral reefs are among the oldest and most diverse ecosystems
on the planet. Covering less than one percent of the Earth's
surface, these fragile coral reefs provide resources and
services worth billions of dollars each year to the U.S.
economy and economies worldwide. Coral reef resources provide
economic and environmental benefits in the form of food, jobs,
natural products, pharmaceuticals, and shoreline protection.
One estimate placed the total net benefit of the world's coral
reef ecosystems at $29.8 billion per year.
In the United States, coral reefs are found in the waters of
the Western Atlantic and Caribbean (Florida, Puerto Rico, and
the U.S. Virgin Islands) and the Pacific Islands (Hawaii, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands). Hawaii's coral reef ecosystems are home to over 5,000
known species of marine plants and animals, of which about 25
percent are endemic. The economic value of Hawaii's coral reefs
was estimated to have a direct economic benefit of $360 million
per year. The waters off the peninsula of Florida are home to
thousands of miles of coral reef ecosystems. The most extensive
living coral reef in the United States is adjacent to the 126-
mile island chain of the Florida Keys. The presence of these
unique ecosystems helps generate $3.9 billion in economic
activity in South Florida and 71,000 jobs.
While coral reef ecosystems have survived for millions of
years despite an abundance of natural disturbances, human
activities could have significant negative impact on the health
of coral reef ecosystems. A 2008 National Oceanic and
Atmospheric Association (NOAA) report on the status of coral
reefs found that 19 percent of the world's coral reefs have
been effectively destroyed, another 15 percent of the world's
reefs are under threat of loss within 20 to 40 years, and a
further 20 percent are under a longer term threat of collapse.
In 2000, Congress recognized the need to preserve, sustain,
and restore the condition of coral reef ecosystems by enacting
the Coral Reef Conservation Amendments Act of 2000 (CRCA),
which called for the creation of a national strategy and
program to address the threats to coral reef communities. The
CRCA directed NOAA to carry out a number of activities to
promote the wise management and sustainable use of coral reef
ecosystems, to develop sound scientific information on the
condition of coral reef ecosystems, and to assist in the
preservation of coral reefs by supporting external conservation
programs. The Act created a Coral Reef Conservation grant
program within NOAA, as well as a Coral Reef Conservation Fund
to support public-private matching funds and other partnerships
to further the purposes of the CRCA.
Authorizations for the CRCA expired at the end of fiscal year
(FY) 2004. While the program has been very successful, changes
and expansions have been suggested. The U.S. Commission on
Ocean Policy recognized the need for more comprehensive coral
reef protection and management legislation to address research,
protection, and restoration of coral ecosystems. It also
recommended a strengthened Federal-State coordination mechanism
to help lead Federal efforts, as well as increased attention to
coral issues at the international level. In 2005, witnesses at
a hearing before the Committee urged increased funding,
mechanisms for addressing vessel impacts, and implementation of
local strategies.
In 2007, the Bush Administration proposed a bill that would
have prohibited damages to coral reefs in U.S. waters. The
proposed provisions would have addressed the inconsistencies
between coral reefs that are located within sanctuaries
established by the National Marine Sanctuaries Act and those
outside such boundaries. The proposed bill also included
liability and enforcement provisions and a mechanism for
funding restoration activities.
The CRCA authorized appropriations of $16 million annually
for the program through FY 2004, of which $8 million was for
the grant program, and the lesser of $1 million or 10 percent
for administrative costs. Since enactment of the CRCA, NOAA
appropriations for CRCA activities have exceeded authorized
amounts rising to $29 million for FY 2010.
Summary of Provisions
The Coral Reef Conservation Amendments Act of 2009 would
reauthorize the CRCA, and strengthen the authorities of the
Secretary of Commerce to address threats to coral reefs and
coral reef ecosystems in U.S. waters. For example, it would
allow the Secretary to address the threat of marine debris to
coral reef ecosystems in a more comprehensive manner by
removing abandoned fishing gear, other discarded objects, and
abandoned vessels from coral reefs. The bill would also provide
the Secretary the authority to respond to vessel groundings on
coral reefs, maintain a vessel grounding inventory, identify
at-risk reefs, and recommend preventative measures, such as
navigational aids and fixed anchors.
The bill would expand the authority under the current grants
program to address emerging threats to coral reefs, such as
coral bleaching and disease. The bill would also establish
consistent practices for maintaining data, products, and
information, and promote widespread availability and
dissemination of environmental data and information.
The bill includes provisions that would prohibit damage to
coral reefs. These provisions would be similar to current
authorities included in the National Marine Sanctuaries Act for
coral reefs and other resources located within national marine
sanctuaries. The provisions would include specific exemptions
to allow activities such as research, the use of fishing gear
permitted under Federal or State laws, and other activities
authorized by Federal or State laws. Certain safety and
emergency exemptions would also be permitted.
The bill would also establish liability and civil and
criminal penalties for damage to coral reefs resulting from
prohibited activities and would specifically prohibit
interference with enforcement activities. The bill would also
include forfeiture provisions for vessels and other property
connected to a violation of the Act.
The bill would provide a mechanism for both the Secretary of
Commerce and the Secretary of the Interior to recoup response
costs and damages from responsible parties and apply such funds
to restoration of coral reefs in areas under their
jurisdiction. Other new provisions would establish a permitting
program for necessary or advantageous activities in coral reef
areas, such as research, and improve coordination among states
and territories to address threats to coral reefs. Finally, the
bill would encourage Federal, State, and local coordination and
would streamline the 3-year reporting requirement to Congress
on the status of coral reefs and achievements under the Act.
Legislative History
The Coral Reef Conservation Amendments Act of 2009 was
introduced by Senator Inouye on December 9, 2009, and was
referred to the Committee on Commerce, Science, and
Transportation. Senators Snowe, Rockefeller, Bill Nelson,
Kerry, and LeMieux are cosponsors of the bill. On December 17,
2009, the Committee met in open executive session and, by a
voice vote, ordered the bill reported without amendment. The
Committee favorably reported bills in both the 109th Congress
and 110th Congress to reauthorize the CRCA.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
January 28, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2859, the Coral Reef
Conservation Amendments Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2859--Coral Reef Conservation Amendments Act of 2009
Summary: S. 2859 would reauthorize a National Oceanic and
Atmospheric Administration (NOAA) program to protect coral
reefs. Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would increase
discretionary spending by $194 million over the 2010-2015
period and $14 million after 2015. Enacting S. 2859 could
increase revenues and associated direct spending, but we
estimate that such changes would have no significant net impact
in any year.
By establishing new protections for coral reefs, S. 2859
would impose intergovernmental and private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). CBO
estimates that the costs of complying with those mandates would
fall below the annual thresholds established in UMRA ($70
million for intergovernmental mandates and $141 million for
private-sector mandates in 2010, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2859 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------
2010 2011 2012 2013 2014 2015 2010-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONNOAA Coral Reef Conservation Program:
Authorization Levela............................. 4 36 38 40 40 0 158
Estimated Outlays................................ 2 17 28 36 39 24 146
International Coral Reef Conservation Program:
Authorization Level.............................. 8 8 8 8 8 0 40
Estimated Outlays................................ 4 6 8 8 8 4 38
Community Planning Grants:
Estimated Authorization Level.................... 2 2 2 2 2 0 10
Estimated Outlays................................ 1 2 2 2 2 1 10
Study of U.S. Market for Coral Products:
Authorization Level.............................. * 0 0 0 0 0 *
Estimated Outlays................................ * * * 0 0 0 *
Total Changes:
Estimated Authorization Level.................... 14 46 48 50 50 0 208
Estimated Outlays................................ 7 25 38 46 49 29 194
----------------------------------------------------------------------------------------------------------------
Note: NOAA = National Oceanic and Atmospheric Administration; * = less than $500,000.
aNOAA's Coral Reef Conservation program has already received an appropriation of $30 million for 2010.
Basis of estimate: For this estimate, CBO assumes that S.
2859 will be enacted in 2010 and that the authorized amounts
will be appropriated for each fiscal year (including
supplemental appropriations for 2010). Estimated Outlays are
based on historical spending patterns for similar programs.
Spending subject to appropriation
CBO estimates that S. 2859 would authorize appropriations
totaling $208 million over the 2010-2014 period for federal
activities and grants to protect coral reefs. The authorization
includes up to $40 million annually for NOAA's current domestic
program and $8 million annually for new international programs.
By comparison, NOAA received an appropriation of $30 million in
2010 for the coral reef conservation program.
The bill also would authorize the appropriation of $10
million over the 2010-2014 period for NOAA's community planning
grants to states. CBO expects that the $10 million would be
appropriated and spent roughly evenly over the five-year
period. In addition, the bill would authorize the appropriation
of $100,000 to study the U.S. market for coral products. CBO
expects that those funds would be appropriated in fiscal year
2010 and would be spent over the 2010-2012 period.
Finally, S. 2859 would authorize NOAA to impose fees for
permits to collect coral and to spend those fees for expenses
related to administering the permit program, but only to the
extent that such funding would be provided in future
appropriation acts. Based on information from NOAA regarding
the number of permits the agency would expect to issue, CBO
estimates that new offsetting collections from permit fees and
associated spending would be negligible.
Revenues and direct spending
Enacting S. 2859 could increase both revenues and direct
spending. CBO estimates that those changes would be small in
any one year and would largely offset each other over the 2010-
2020 period.
S. 2859 would prohibit certain actions that damage or
destroy coral reefs. The bill would extend legal protection to
reefs in all U.S. waters (under current law, only reefs in
national marine sanctuaries or national parks are protected),
establish enforcement mechanisms such as penalties and asset
forfeitures, and make violators liable for damages and the
costs of federal responses to accidents that harm coral. Based
on information provided by NOAA on recent accidents that
damaged coral reefs in national marine sanctuaries, CBO
estimates that collecting penalties, damages, and cost
reimbursements from those who damage reefs in other U.S. waters
would increase revenues by $1 million to $2 million over the
2010-2020 period.
Amounts collected under S. 2859 from civil penalties and
other monetary collections would be deposited into the Damage
Assessment Restoration Revolving Fund. The Secretary of the
Treasury would be required to invest amounts in the fund in
interest-bearing obligations of the United States. Amounts in
the fund would be available without further appropriation to
NOAA for activities such as repairing and restoring damaged
reefs. Any criminal penalties would be deposited in and spent
from the Crime Victims Fund. Based on information from NOAA,
CBO estimates that the collection and expenditure of fines,
penalties, and interest earned on those amounts under the bill
would have no significant net impact on the budget in any year.
Intergovernmental and private-sector impact: S. 2859
contains intergovernmental and private-sector mandates as
defined in UMRA, but CBO estimates that the costs of those
mandates would fall below the annual thresholds established in
UMRA ($70 million for intergovernmental mandates and $141
million for private-sector mandates in 2010, adjusted annually
for inflation).
The bill would impose a private-sector mandate by making it
unlawful for any person to destroy, cause the loss of, or
injure any coral reef that is subject to the jurisdiction of
the United States. In addition, persons that damage coral reefs
would be liable for the restoration and response costs.
Currently, only those coral reefs protected under separate
legal authorities, such as coral reefs located within national
marine sanctuaries, receive such protection. Based on
information from NOAA, CBO estimates that the cost of the
mandate would not be significant.
S. 2859 also would authorize the Secretary of Commerce to
issue permits for activities that could affect coral reefs. If
the Secretary establishes a permit program that requires
entities, such as researchers at universities and other
institutions (public and private), to obtain a permit to
conduct research or other activities, that requirement would be
an intergovernmental and private-sector mandate. CBO expects
that few activities would likely be subject to the new
permitting requirements and that the costs associated with
obtaining a permit would be low.
Previous CBO estimate: On May 11, 2009, CBO transmitted a
cost estimate for H.R. 860, the Coral Reef Conservation Act
Reauthorization and Enhancement Amendments of 2009, as ordered
reported by the House Committee on Natural Resources on April
22, 2009. Both H.R. 860 and S. 2859 would amend and reauthorize
the Coral Reef Conservation Act of 2000, but H.R. 860 would
authorize appropriations totaling $214 million over the 2010-
2014 period, including $40 million for Department of the
Interior programs related to coral reef preservation. The CBO
cost estimates reflect that difference.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 2859 would make it unlawful for any person to destroy,
cause the loss of, or injure any coral reef that is subject to
the jurisdiction of the United States, except as allowed in
section 212(b)(2). Currently, only those coral reefs protected
under separate legal authorities receive such protection. Also,
the bill would authorize the Secretary of Commerce to issue
permits for activities that could affect coral reefs.
ECONOMIC IMPACT
The bill would authorize $34 million in FY 2010, $36 million
in FY 2011, $38 million in FY 2012, and $40 million for each of
FY 2013 and FY 2014 for Federal activites and grants to protect
coral reefs. The bill would authorize a total of $10 million
for FY 2010 through FY 2014, to remain available until
expended, for community-based planning grants to focus on
implementation of community-based protection plans. Finally,
the bill would authorize $8 million for each fiscal year from
2010 through 2014 for international coral reef conservation.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting form the passage of this
legislation. S. 2859 would authorize the Secretary of Commerce
to issue permits for research and other activities that could
affect coral reefs. This provision would require additional
paperwork; however, the Committee expects that few activities
would likely be subject to the permitting requirements. The
provision is necessary for the management of U.S. coral reefs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions in the bill, as reported, meet the definition of
congressionally directed spending under the rule.
Section-by-Section Analysis
Section 1. Short title
This section provides that the legislation may be cited as
the Coral Reef Conservation Amendments Act of 2009.
Section 2. Amendment of Coral Reef Conservation Act of 2000
This section states that an amendment or repeal of a section
or other provision shall be considered to be made to the Coral
Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.).
Section 3. Purposes
The section states the purposes of the Act, including
preservation, protection, management, research, and restoration
of coral reef ecosystems. A new purpose is added to clarify the
focus of the program on preventing and minimizing damage to
coral reefs.
Section 4. National Coral Reef Action Strategy
This section would require the Secretary of Commerce, within
180 days of enactment of the Act, to submit to Congress a new
national coral reef action strategy with a statement of goals
and objectives as well as an implementation plan.
Section 5. Coral Reef Conservation Program
This section would amend the existing grants program to
include additional criteria for the Secretary of Commerce in
approving grants to include projects that prevent or respond to
damage to coral reef ecosystems, as well as projects that
improve scientific information on threats such as coral disease
and bleaching. The section would make technical amendments to
refer consistently to the defined term ``coral reef
ecosystems.'' Projects would be required to be consistent with
the national coral reef action strategy.
Section 6. Coral Reef Conservation Fund
This section would amend section 205(a), which establishes
the Coral Reef Conservation Fund, to clarify that the Secretary
of Commerce may enter into agreements with one or more
nonprofit organizations to receive, hold, and administer funds,
including use of interest-bearing accounts for activities
consistent with the national coral reef action strategy. This
authority would increase the Secretary's flexibility in working
with external partners and strengthen those partnerships for
the purposes of promoting coral reef ecosystem conservation.
Section 7. Agreements; redesignations
This section would authorize the Secretary of Commerce to
execute and perform contracts, leases, grants, or cooperative
agreements necessary to carry out the provisions of the Act. It
would also allow the Secretary of Commerce to enter into
agreements with universities and research centers to conduct
activities including research and public outreach. The section
would allow the Secretary of Commerce to use grant funding and
the resources of other departments, agencies, State
governments, tribes, and international organizations to carry
out the provisions of the Act, with the consent of such other
party. This section would also allow the Secretary to transfer
funds to, and accept transfer of funds from, Federal agencies,
State and local governments, and others to carry out the
provisions of the Act.
Section 8. Emergency assistance
This section would amend section 207 of the CRCA, as
redesignated, to allow the Secretary of Commerce, in
cooperation with the Federal Emergency Management Agency, as
appropriate, to provide emergency disaster-related assistance
to State, territorial, and local agencies with jurisdiction
over coral reef ecosystems. This provision is important because
grants are not an efficient funding mechanism for emergency
response due to the time required for the processing and
awarding of grants.
Section 9. National program
This section would amend section 208 of the CRCA, as
redesignated, to clarify the scope and geographic focus of
NOAA's coral reef program and to provide a mechanism for
funding emergency response, stabilization, and restoration
activities. Subsection 208(a) would allow the Secretary of
Commerce to conduct coral reef conservation activities with
appropriate local, regional, and international programs.
Subsection 208(b) would authorize additional coral reef
conservation actions including removal, either directly or
through assistance to States, of abandoned vessels, marine
debris, and abandoned fishing gear, and responding to incidents
and events that threaten and damage coral reef ecosystems.
Subsection 208(c) would include specific guidelines to the
Secretary of Commerce for long-term stewardship of
environmental data, reports, and other information. Subsection
208(d) would require the Secretary of Commerce to develop,
within the existing Damage Assessment Restoration Revolving
Fund, an Emergency Response, Stabilization, and Restoration
Account for implementation of emergency actions.
Section 10. Study of trade in corals
This section would require the Administrator of NOAA, in
consultation with the Secretary of the Interior, to conduct a
study on the economic, social, and environmental values and
impacts of the U.S. market in corals and coral products.
Section 11. International coral reef conservation activities
This section would authorize the Secretary of Commerce to
undertake international coral reef conservation activities and
provide a strategic plan to Congress to address coral reefs
important to U.S. interests, consistent with the national
strategy. It would also provide grant-making authority to
support partnerships in implementing the strategy. This is
important because of the worldwide decline in coral reefs, the
importance of those reefs for ecosystem health, and the
importance of coral reefs and fisheries for U.S. marine
resources and interests.
Section 12. Community-based planning grants
This section would authorize the Secretary of Commerce to
award grants to entities that have already received general
Coral Reef Conservation grants to allow them to develop and
implement community-based coral reef protection plans, in
coordination with appropriate Federal and State authorities.
These plans, which would be based on watershed approaches and
incorporating local approaches or models, should encourage
comprehensive planning programs and provide for more effective
conservation of coral reefs. The section would also provide
that the non-Federal matching requirement for such grants would
be 25 percent, rather than the 50 percent match required for
the grants provided under section 5, in recognition of the
limited resources available to many local communities.
Section 13. Vessel grounding inventory
This section would authorize the Secretary of Commerce to
create and maintain an inventory of all vessel grounding
incidents involving coral reef resources. For each incident,
the inventory would contain information related to: (1)
grounding impacts; (2) vessel identity; (3) estimated costs of
removal, mitigation, or restoration; (4) summary of any
incident response; (5) status of response action; and (6)
recommendations for preventing similar incidents. The section
would also direct the Secretary of Commerce to identify coral
reef areas that have a high incidence of vessel impacts,
including groundings and anchor damage, and to identify and
develop measures and strategies to prevent or mitigate these
impacts. The section would also direct the Secretary of
Commerce to develop a timetable and strategy for implementation
of prevention and mitigation measures, including cooperative
actions with other government agencies and non-governmental
partners.
Section 14. Prohibited activities
This section would establish prohibited activities pertaining
to coral reefs, similar to authorities that pertain to coral
reefs and other natural resources located within a national
marine sanctuary. This section would define the scope of
prohibited actions including making it illegal to destroy,
take, cause the loss of, or injure any coral reef or any
component thereof. The section would provide exceptions in the
case of fishing allowed under Federal or State laws, other
activities authorized under Federal or State laws, bona fide
marine scientific research, and injuries caused by Federal
agencies that occurred during law enforcement, search and
rescue, a threat to national security, or other emergency
events. The section would also provide an exception for actions
taken by the master of a vessel to ensure the safety of the
vessel or to save a life at sea. The section would make it
unlawful to interfere with enforcement of title 16, United
States Code, violate permits or regulations promulgated
pursuant to that title, or to possess, transport, or distribute
coral taken in violation of that title. The prohibitions in
this section, as well as the remedies in sections 14 and 15 of
the Act, would extend to coral reefs managed by the Secretary
of Commerce or the Secretary of the Interior, and Secretary is
defined for these sections as either the Secretary of Commerce
or the Secretary of the Interior, corresponding to the areas
managed by each.
Section 15. Destruction of coral reefs
This section would establish liability for damage to coral
reefs from prohibited activities. This section would provide a
mechanism to recover response costs from parties responsible
for damages to coral reef ecosystems in order to assess these
damages and undertake restoration activities. Subsection 213(a)
would describe the elements of liability for the destruction,
loss, taking of, or injury to coral reefs. Persons and vessels
in violation of the CRCA would be liable for response costs,
natural resource damages, cost of seizure and forfeiture
actions, and interest, storage, and disposal costs. The
subsection would provide specific defenses from liability,
including injuries that are solely the result of an act of God,
an act of war, or an act or omission of a third party.
Subsection 213(b) would provide authority for response actions
and damage assessment, including actions to prevent or minimize
the destruction, loss of, or injury to coral reefs or the risk
of these impacts. This subsection would require consultation
with States regarding damage assessment within State waters and
stipulates that there will be no double recovery for the same
incident. Subsection 213(c) would allow for civil judicial
actions to recover response costs and damages and specifies
venue. Subsection 213(d) would specify the management and use
of recovered amounts. Amounts recovered would be held in the
existing Department of Commerce Damage Assessment and
Restoration Revolving Fund, or the existing Department of the
Interior Natural Resources Damage Assessment and Restoration
Fund, consistent with existing areas managed by each
Department, and used for response costs and damages. These
amounts would be used to reimburse the relevant Secretary, or
any State or Federal agency that conducted response actions,
seizure, forfeiture, storage, or disposal, and secondly for
restoration and monitoring of coral reefs or to minimize or
prevent threats of equivalent injury. Subsection 213(e) would
set the statute of limitations for claims as three years from
the completion of the damage assessment and restoration plan.
Subsection 213(f) would require that Federal agencies
responsible for injuries to coral reefs take appropriate
actions to respond and restore the affected reef, in
coordination with the relevant Secretary, and reimburse the
Secretary for all assessment costs. Subsection 213(g) would
provide an exception for an officer or employee of a uniformed
service for any violation of section 212 under the CRCA that
occurs during the performance of their official governmental
duties. Subsection 213(h) would provide an exception for any
contract employee of a uniformed service for any violation of
section 212 under this Act that is operating a vessel or
engaged in actions under the direction of the uniformed service
controlling the contract.
Section 16. Enforcement
This section would provide for the enforcement of Title II of
the CRCA and would give the relevant Secretary specific
enforcement authorities, including the ability to board and
inspect vessels suspected of being in violation of the CRCA,
the ability to seize evidence, and the ability to execute
warrants, issue subpoenas, make arrests, and exercise other
lawful enforcement activities. This section would exclude
government-owned vessels and certain chartered vessels used
exclusively for national defense purposes from boarding,
search, inspection, and seizure. The section would provide for
injunctive relief in the event of an imminent threat to coral
reefs. The section would outline both civil and criminal
enforcement provisions, including administrative and judicial
penalties, and would permit sanctions and claims against
vessels. The section would specify procedures for collection of
penalties and the appropriate venues for bringing actions. The
section would authorize criminal and civil forfeiture of
property obtained or used in violation of the Act and would
allow the relevant Secretary to recover reasonable costs in the
storage and maintenance of any seized property. The section
would specify that civil penalties and costs imposed under this
section would be placed into an account to be available until
expended, and would specify the uses of such funds.
Section 17. Permits
This section would authorize the Secretary of Commerce and
the Secretary of the Interior to issue permits for legitimate
research and allow other necessary actions that may result in
coral reef injury. This section would require that the activity
to be conducted is compatible with the purposes in section
202(b) of the Act, the activity conforms to the provisions of
all other laws and regulations, and that the injury to coral
reefs cannot be practicably avoided. Each Secretary would be
authorized to assess and collect appropriate fees, including
the cost of processing and administering the permit and the
cost of monitoring the permitted activity. The section would
allow each Secretary the discretion in waiving the fee and
specifically would exempt lawful fishing activities from
requiring permits.
Section 18. Regional, State, and territorial coordination
This section would require the Secretary of Commerce and the
Secretary of the Interior to coordinate and collaborate with
other Federal, State, and territorial governments in
implementing the national coral reef action strategy. The
Secretaries would be required to work with appropriate States
in conducting response and restoration activities within State
waters and to develop cooperative enforcement agreements.
Section 19. Regulations
This section would authorize the Secretary of Commerce and
the Secretary of the Interior to issue necessary and
appropriate regulations to carry out the purposes of the Act.
Section 20. Effectiveness report
This section would amend section 218 of the CRCA, as
redesignated, to require the Secretary of Commerce to submit to
Congress, starting in 2010 and every three years thereafter, an
effectiveness report to summarize activities undertaken to
implement the national coral reef action strategy, including
use of funds, cooperative efforts, and a description of efforts
to protect and manage coral reefs, including projects
undertaken by other Federal agencies. The report also would
include a summary of the vessel grounding inventory and a
description of Federal disaster response actions. The section
also would require an assessment report every five years
describing the condition of U.S. coral reefs, accomplishments
under the Act, and effectiveness of management actions to
address threats to coral reefs.
Section 21. Authorization of appropriations
This section would amend section 219 of the CRCA, as
redesignated, to authorize appropriations to the Secretary of
Commerce to implement the Act. The bill would authorize $34
million in FY 2010, $36 million in FY 2011, $38 million in FY
2012, and $40 million for each of FY 2013 and FY 2014. This
level of authorized appropriations would allow NOAA to
undertake the increased level of coordination required by this
bill and allow for funding of local action strategies. The new
section 219 would direct at least 24 percent of the authorized
funds to the general grants program, and would require at least
six percent of the grant funds to go to Fishery Management
Councils. This subsection also would set aside up to 10 percent
of appropriations for the Coral Reef Conservation Fund. The
section would authorize a total of $10 million for FY 2010
through FY 2014, to remain available until expended, for the
Community Based Planning Grants to provide long-term funding
for implementation of community-based plans. The section would
also authorize $8 million for each of FY 2010 through FY 2014
for international coral reef conservation activities. It is the
Committee's intention that the Secretary of Commerce award
grant funding through a competitive, merit-based process.
Section 22. Judicial review
This section would allow standard provisions for judicial
review of actions taken by either Secretary except for actions
taken pursuant to section 214(c)(1) and 214(c)(2) regarding
interference with enforcement, which may only be had by filing
a complaint in the U.S. District Court within 30 days of final
agency action. The section would allow courts to award costs of
litigation to any prevailing party when appropriate.
Section 23. Definitions
This section would amend section 221 of the CRCA, as
redesignated, to define biodiversity, bona fide research,
coral, coral reef, coral reef component, coral reef ecosystem,
coral products, damages, emergency actions, and other key terms
in the Act. For purposes of sections 212 through 217 and
section 220 of the CRCA, as redesignated, it would define
Secretary as either the Secretary of Commerce or the Secretary
of the Interior, corresponding to areas managed by each
Department.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
CORAL REEF CONSERVATION ACT OF 2000
[SEC. 202. PURPOSES.
[16 U.S.C. 6401]
[The purposes of this title are--
[(1) to preserve, sustain, and restore the condition
of coral reef ecosystems;
[(2) to promote the wise management and sustainable
use of coral reef ecosystems to benefit local
communities and the Nation;
[(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 reefs by
supporting conservation programs, including projects
that involve affected local communities and
nongovernmental organizations;
[(5) to provide financial resources for those
programs and projects; and
[(6) to establish a formal mechanism for collecting
and allocating monetary donations from the private
sector to be used for coral reef conservation
projects.]
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. 203. NATIONAL CORAL REEF ACTION STRATEGY.
[16 U.S.C. 6402]
[(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Resources of the House of
Representatives and publish in the Federal Register a national
coral reef action strategy, consistent with the purposes of
this title. The Administrator shall periodically review and
revise the strategy as necessary. In developing this national
strategy, the Secretary may consult with 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;
[(2) water and air quality;
[(3) mapping and information management;
[(4) research, monitoring, and assessment;
[(5) international and regional issues;
[(6) outreach and education;
[(7) local strategies developed by the States or
Federal agencies, including regional fishery management
councils; and
[(8) conservation, including how the use of marine
protected areas to serve as replenishment zones will be
developed consistent with local practices and
traditions.]
(a) In General.--Not later than 180 days after the date of
the enactment of the Coral Reef Conservation Amendments Act of
2009, 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. 204. CORAL REEF CONSERVATION PROGRAM.
[16 U.S.C. 6403]
(a) Grants.--The [Secretary, through the Administrator and]
Secretary, subject to the availability of funds, shall provide
grants of financial assistance for projects for the
conservation of coral reefs (hereafter in this title referred
to as ``coral conservation projects''), for proposals approved
by the Administrator in accordance with this section.
(b) Matching requirements.--
(1) Fifty percent.--Except as provided in paragraph
(2), Federal funds for any coral conservation project
under this section may not exceed 50 percent of the
total cost of such project. For purposes of this
paragraph, the non-Federal share of project costs may
be provided by in-kind contributions and other noncash
support.
(2) Waiver.--The [Administrator] Secretary may waive
all or part of the matching requirement under paragraph
(1) if the [Administrator] Secretary determines that no
reasonable means are available through which applicants
can meet the matching requirement and the probable
benefit of such project outweighs the public interest
in such matching requirement.
[(c) Eligibility.--Any natural resource management authority
of a State or other government authority with jurisdiction over
coral reefs or whose activities directly or indirectly affect
coral reefs, or coral reef ecosystems, or educational or
nongovernmental institutions with demonstrated expertise in the
conservation of coral reefs, may submit to the Administrator a
coral conservation proposal under subsection (e).]
(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).
(d) [Geographic and Biological] Project Diversity.--The
[Administrator] Secretary shall ensure that funding for grants
awarded under subsection (b) during a fiscal year are
distributed in the following manner:
(1) No less than 40 percent of funds available shall
be awarded for coral conservation projects in the
Pacific Ocean within the maritime areas and zones
subject to the jurisdiction or control of the United
States.
(2) No less than 40 percent of the funds available
shall be awarded for coral conservation projects in the
Atlantic Ocean, the Gulf of Mexico, and the Caribbean
Sea within the maritime areas and zones subject to the
jurisdiction or control of the United States.
[(3) Remaining funds shall be awarded for projects
that address emerging priorities or threats, including
international priorities or threats, identified by the
Administrator. When identifying emerging threats or
priorities, the Administrator may consult with the
Coral Reef Task Force.]
(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.
(e) Project Proposals.--Each proposal for a grant under this
section shall include the following:
(1) The name of the individual or entity responsible
for conducting the project.
(2) A description of the qualifications of the
individuals who will conduct the project.
(3) A succinct statement of the purposes of the
project.
(4) An estimate of the funds and time required to
complete the project.
(5) Evidence of support for the project by
appropriate representatives of States or other
government jurisdictions in which the project will be
conducted.
(6) Information regarding the source and amount of
matching funding available to the applicant.
(7) A description of how the project meets one or
more of the criteria in subsection (g).
(8) Any other information the [Administrator]
Secretary considers to be necessary for evaluating the
eligibility of the project for funding under this
title.
(f) Project Review and Approval.--
(1) In general.--The [Administrator] Secretary shall
review each coral conservation project proposal to
determine if it meets the criteria set forth in
subsection (g).
(2) Review; approval or disapproval.--Not later than
6 months after receiving a project proposal under this
section, the [Administrator] Secretary shall--
(A) request and consider written comments on
the proposal from each Federal agency, State
government, or other government jurisdiction,
including the relevant regional fishery
management councils established under the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), or any
National Marine Sanctuary, with jurisdiction or
management authority over coral reef ecosystems
in the area where the project is to be
conducted, including the extent to which the
project is consistent with locally-established
priorities;
(B) provide for the merit-based peer review
of the proposal and require standardized
documentation of that peer review;
(C) after considering any written comments
and recommendations based on the reviews under
subparagraphs (A) and (B), approve or
disapprove the proposal; and
(D) provide written notification of that
approval or disapproval to the person who
submitted the proposal, and each of those
States and other government jurisdictions that
provided comments under subparagraph (A).
[(g) Criteria for Approval.--The Administrator 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 reefs
by--
[(1) implementing coral conservation programs which
promote sustainable development and ensure effective,
long-term conservation of coral reefs;
[(2) addressing the conflicts arising from the use of
environments near coral reefs or from the use of
corals, species associated with coral reefs, and coral
products;
[(3) enhancing compliance with laws that prohibit or
regulate the taking of coral products or species
associated with coral reefs 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, including factors that cause coral
disease;
[(5) promoting and assisting to implement cooperative
coral reef 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;
[(7) mapping the location and distribution of coral
reefs;
[(8) developing and implementing techniques to
monitor and assess the status and condition of coral
reefs;
[(9) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems; or
[(10) promoting ecologically sound navigation and
anchorages near coral reefs.]
(g) Criteria for Approval.--The Secretary may not approve a
project proposal under this section unless the project is
consistent with the coral reef action strategy under section
203 and will enhance the conservation of coral reef ecosystems
nationally or internationally by--
(1) implementing coral conservation programs which
promote sustainable development and ensure effective,
long-term conservation of coral reef ecosystems and
biodiversity;
(2) addressing the conflicts arising from the use of
environments near coral reef ecosystems or from the use
of corals, species associated with coral reef
ecosystems, and coral products;
(3) enhancing compliance with laws that prohibit or
regulate the taking of coral products or species
associated with coral reef ecosystems or regulate the
use and management of coral reef ecosystems;
(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to
such ecosystems and their biodiversity, including
factors that cause coral disease, 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.
(h) Project Reporting.--Each grantee under this section shall
provide periodic reports as required by the [Administrator]
Secretary. Each report shall include all information required
by the [Administrator] Secretary for evaluating the progress
and success of the project.
(i) Coral Reef Task Force.--The [Administrator] Secretary may
consult with the Coral Reef Task Force to obtain guidance in
establishing coral conservation project priorities under this
section.
(j) Implementation Guidelines.--Within 180 days after the
date of the enactment of this Act, the [Administrator]
Secretary shall promulgate necessary guidelines for
implementing this section. In developing those guidelines, the
[Administrator] Secretary shall consult with State, regional,
and local entities involved in setting priorities for
conservation of [coral reefs] coral reef ecosystems and provide
for appropriate public notice and opportunity for comment.
SEC. 205. CORAL REEF CONSERVATION FUND.
[16 U.S.C. 6404]
[(a) Fund.--The Administrator may enter into an agreement
with a nonprofit organization that promotes coral reef
conservation authorizing such organization to receive, hold,
and administer funds received pursuant to this section. The
organization shall invest, reinvest, and otherwise administer
the funds and maintain such funds and any interest or revenues
earned in a separate interest bearing account, hereafter
referred to as the Fund, established by such organization
solely to support partnerships between the public and private
sectors that further the purposes of this Act and are
consistent with the national coral reef action strategy under
section 203.]
(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.
(b) Authorization To Solicit Donations.--Pursuant to an
agreement entered into under subsection (a) of this section, an
organization may accept, receive, solicit, hold, administer,
and use any gift to further the purposes of this title. Any
moneys received as a gift shall be deposited and maintained in
the Fund established by the organization under subsection (a).
(c) Review of Performance.--The [Administrator] Secretary
shall conduct a continuing review of [the grant program] any
grant program administered by an organization under this
section. Each review shall include a written assessment
concerning the extent to which that organization has
implemented the goals and requirements of this section and the
national coral reef action strategy under section 203.
(d) Administration.--Under an agreement entered into pursuant
to subsection (a), the [Administrator] Secretary may transfer
funds appropriated to carry out this title to an organization.
Amounts received by an organization under this subsection may
be used for matching, in whole or in part, contributions
(whether in money, services, or property) made to the
organization by private persons and State and local government
agencies.
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. 206. EMERGENCY ASSISTANCE.
[16 U.S.C. 6405]
[The Administrator may make grants to any State, local, or
territorial government agency with jurisdiction over coral
reefs for emergencies to address unforeseen or disaster-related
circumstance pertaining to coral reefs or coral reef
ecosystems.]
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. 207. NATIONAL PROGRAM.]
[16 U.S.C. 6406]
[(a) In General.--Subject to the availability of
appropriations, the Secretary may conduct activities to
conserve coral reefs and 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,
and scientific research that benefit the understanding,
sustainable use, and long-term conservation of coral
reefs and coral reef ecosystems;
[(2) enhancing public awareness, education,
understanding, and appreciation of coral reefs and
coral reef ecosystems;
[(3) providing assistance to States in removing
abandoned fishing gear, marine debris, and abandoned
vessels from coral reefs to conserve living marine
resources; and
[(4) cooperative conservation and management of coral
reefs and coral reef ecosystems with local, regional,
or international programs and partners.]
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;
(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. 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 2009, 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. 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. 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 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. 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.
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;
(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. 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 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--
(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. 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. 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. 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. 208. EFFECTIVENESS REPORTS.]
[16 U.S.C. 6407]
[(a) Grant Program.--Not later than 3 years after the date of
the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of
Representatives a report that documents the effectiveness of
the grant program under section 204 in meeting the purposes of
this title. The report shall include a State-by-State summary
of Federal and non-Federal contributions toward the costs of
each project.
[(b) National Program.--Not later than 2 years after the date
on which the Administrator publishes the national coral reef
strategy under section 203 and every 2 years thereafter, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing
all activities undertaken to implement that strategy, under
section 203, including a description of the funds obligated
each fiscal year to advance coral reef conservation.]
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. 209. AUTHORIZATION OF APPROPRIATIONS.]
[16 U.S.C. 6408]
SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out this title [$16,000,000 for each of
fiscal years 2001, 2002, 2003, and 2004,] $34,000,000 for
fiscal year 2010, $36,000,000 for fiscal year 2011, $38,000,000
for fiscal year 2012, and $40,000,000 for each of fiscal years
2013 through 2014, of which no less than 24 percent per year
(for each of fiscal years 2010 through 2014) 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), which may remain available until expended.
(b) Administration.--Of the amounts appropriated under
subsection (a), not more than the lesser of [$1,000,000]
$2,000,000 or 10 percent of the amounts appropriated, may be
used for program administration or for overhead costs incurred
by the National Oceanic and Atmospheric Administration or the
Department of Commerce and assessed as an administrative
charge.
[(c) Coral Reef Conservation Program.--From the amounts
appropriated under subsection (a), there shall be made
available to the Secretary $8,000,000 for each of fiscal years
2001, 2002, 2003, and 2004 for coral reef conservation
activities under section 204.
[(d) National Coral Reef Activities.--From the amounts
appropriated under subsection (a), there shall be made
available to the Secretary $8,000,000 for each of fiscal years
2001, 2002, 2003, and 2004 for activities under section 207.]
(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 2010 through 2014, to remain
available until expended.
(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 2010 through
2014, to remain available until expended.
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. 210. DEFINITIONS.
[16 U.S.C. 6409]
[In this title:
[(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.
[(2) Conservation.--The term ``conservation'' means
the use of methods and procedures necessary to preserve
or sustain corals and associated species as diverse,
viable, and self-perpetuating coral reef ecosystems,
including all activities associated with resource
management, such as assessment, conservation,
protection, restoration, sustainable use, and
management of habitat; mapping; habitat monitoring;
assistance in the development of management strategies
for marine protected areas and marine resources
consistent with the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.); law enforcement; conflict resolution
initiatives; community outreach and education; and that
promote safe and ecologically sound navigation.
[(3) Coral.--The term ``coral'' means species of the
phylum Cnidaria, including--
[(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), Alcyanacea (soft
corals), and Coenothecalia (blue coral), of the
class Anthozoa; and
[(B) all species of the order Hydrocorallina
(fire corals and hydrocorals) of the class
Hydrozoa.
[(4) Coral reef.--The term ``coral reef'' means any
reefs or shoals composed primarily of corals.
[(5) Coral reef ecosystem.--The term "coral reef
ecosystem" means coral and other species of reef
organisms (including reef plants) associated with coral
reefs, and the nonliving environmental factors that
directly affect coral reefs, that together function as
an ecological unit in nature.
[(6) 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).
[(7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
[(8) 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.]
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.