[DOCID: f:sr276.110]
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110th Congress Report
SENATE
2d Session 110-276
_______________________________________________________________________
Calendar No. 620
CORAL REEF CONSERVATION AMENDMENTS ACT OF 2007
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1580
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
March 13, 2008.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 620
110th Congress Report
SENATE
2d Session 110-276
======================================================================
CORAL REEF CONSERVATION AMENDMENTS ACT OF 2007
_______
March 13, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1580]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1580) to reauthorize the Coral
Reef Conservation Act of 2000, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1580, the Coral Reef Conservation
Amendments Act of 2007 is to reauthorize the Coral Reef
Conservation Act of 2000 (CRCA), address inconsistencies among
the existing protections for coral reefs located in waters
subject to the jurisdiction of the United States, and
strengthen Federal authorities for addressing threats to coral
reefs. The bill responds to issues identified during Committee
hearings held on June 15, 2005, and May 10, 2007, addresses
comments from a wide variety of stakeholders interested in the
bill, including representatives of the shipping industry,
conservation organizations, academic institutes, the National
Oceanic and Atmospheric Administration (NOAA), the United
States Coast Guard, and the Department of Justice, and
incorporates provisions from the Administration's proposed
bill, S. 1583.
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,
tourism, natural products, pharmaceuticals, and shoreline
protection. While coral reef ecosystems have survived for
millions of years despite an abundance of natural disturbances,
at present, warming ocean temperatures, acidification,
pollution, overfishing, and vessel groundings are having a
significant effect on the health of coral reef ecosystems. A
2004 report on the status of coral reefs found that 20 percent
of the world's coral reefs have effectively been destroyed,
another 24 percent of the world's reefs are under imminent risk
of collapse through human pressures, and a further 26 percent
are under a longer term threat of collapse. In 2006, two
species of stony coral that were once dominant builders of
reefs throughout the Caribbean, elkhorn coral (Acropora
palmata), and staghorn coral (A. cervicornis), were listed as
threatened under the Endangered Species Act. Recent scientific
research has identified a new threat to corals--the increasing
acidification of the oceans from absorption of carbon dioxide
emissions.
In 2000, Congress recognized the need to preserve, sustain,
and restore the condition of coral reef ecosystems by enacting
the CRCA, which called for the creation of a national strategy
and program to address the threats to coral reef ecosystems.
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 Program
within NOAA to provide grants in support of public-private
matching funds, as well as a Coral Reef Conservation Fund to
establish partnerships to further the purposes of the CRCA.
Authorization of appropriations 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 reef
ecosystems. It also recommended a strengthened Federal-state
coordination mechanism, as well as increased attention to coral
issues at the international level.
On June 15, 2005, the National Ocean Policy Study
Subcommittee held a hearing entitled Ballast Water Invasive
Species Management and Threats to Coral Reefs. At this hearing,
Mr. Timothy Keeney, Deputy Assistant Secretary of Commerce for
Oceans and Atmosphere and co-chair of the U.S. Coral Reef Task
Force, testified on the need to reauthorize CRCA to continue
NOAA's progress, in coordination with other Federal, State, and
territorial governments, in understanding and conserving coral
reef ecosystems. He noted vessel impacts as a high priority for
legislative attention, explaining that NOAA has the authority
to address coral reef damage from groundings in designated
protected areas such as National Marine Sanctuaries, but has no
such authority outside of these designated areas.
Also at this hearing, Ms. Kim Hum, Coastal Marine Program
Director at The Nature Conservancy of Hawaii, testified about
the effectiveness of the coral reef mapping and conservation
efforts in that State, and of the need for greater authority
for NOAA to respond to coral reef groundings outside of
designated National Marine Sanctuaries. She also recommended
greater use of community-based solutions to coral reef
management that rely on traditional or island-based management
concepts, such as those being developed in Hawaii and the
Western Pacific.
On February 2, 2007, the Intergovernmental Panel on Climate
Change (IPCC), Working Group I released its scientific report
on the causes and impacts of climate change entitled The
Physical Science Basis. That report noted that progressive
acidification of oceans due to increasing atmospheric carbon
dioxide is expected to have negative impacts on marine shell-
forming organisms, such as corals, and their dependent species.
On May 10, 2007, the Oceans, Atmosphere, Fisheries, and Coast
Guard Subcommittee held a hearing on the effects of climate
change and ocean acidification on living marine resources. The
impacts on coral reefs were particularly highlighted, as well
as the need to take steps to help coral reefs adapt to expected
changes from ocean warming and acidification.
The full Senate passed a previous version of this bill, S.
1390, in the 109th Congress. That bill would have reauthorized
the CRCA, and included a number of additional authorities to
address vessel impacts and community-based funding initiatives.
In 2007, the Administration proposed a CRCA reauthorization
bill, S. 1583, introduced by Senators Inouye and Stevens, by
request. S. 1583 includes provisions to address inconsistencies
between protections for coral reefs that are located within
sanctuaries established by the National Marine Sanctuaries Act
and those outside such boundaries. The Administration's bill
also includes additional liability and enforcement provisions
and a mechanism for funding restoration activities.
The Committee believes that Federal agencies should have the
authority to respond swiftly to coral reef vessel groundings,
since rapid response can often allow stabilization of the coral
reef, lessening both the extent of damage to the reef and the
costs of recovery. The Committee also believes that it is
desirable to take steps to prevent damage to coral reefs, such
as designation of anchorage areas to provide more certainty to
commercial and recreational boaters. The Committee also
believes that a Community-Based Grants Program that enhances
existing investment in coral reef activities could offer more
cost-effective and long-lasting coral reef conservation results
at the local level. The one-time program authorization included
in the bill is designed to test the effectiveness of this
approach, which the Committee will evaluate during the next
reauthorization cycle. The Committee also agrees that many of
the provisions included in the Administration's proposed bill
would add important tools to help ensure that damage to corals
is prevented, and that damage to coral reefs are effectively
addressed. Therefore, S. 1580 adopts many of the provisions
from the Administration's bill.
The Committee also recognizes that authorization levels in
CRCA needed to be increased to conform to funding priorities
and needs. 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's enacted appropriations levels for CRCA activities have
exceeded authorized amounts, rising to an enacted level of
$29.3 million in FY 2008.
Summary of Provisions
The Coral Reef Conservation Amendments Act of 2007 would
reauthorize the CRCA through FY 2012 and allow the Secretary of
Commerce to more comprehensively address threats to coral
reefs. The bill would include new authorities to allow the
Secretary of Commerce to address the threat of marine debris to
coral reefs ecosystems by removing abandoned fishing gear,
other discarded objects, and abandoned vessels from coral
reefs. The bill also would provide the Secretary of Commerce
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 amend the authority under the current grants
program to address emerging threats to coral reefs, such as
coral bleaching and disease. The bill specifically would call
for local approaches and traditional or island-based resource
management concepts.
The bill also would direct the Secretary of Commerce to
establish an International Coral Reef Conservation Program to
support conservation efforts for coral reefs outside of the
U.S. exclusive economic zone. Such a program is important
because of the worldwide decline in coral reefs, the importance
of those reefs for ecosystem health, and because certain
international coral reefs have a high conservation value and
are important for U.S. marine resources and other interests,
including domestic coral reefs and fisheries.
The bill would include new provisions taken from the
Administration's bill 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.
These 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
also would be included.
The bill also would 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 also would
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.
Emergency responses to coral injury from ship groundings and
other events are time-critical, and there is often a narrow
window in which to stabilize dislodged corals and take other
actions to prevent further harm. However, past experience has
shown that lack of dedicated funding has slowed or prevented
timely response efforts. The bill would establish an Emergency
Response, Stabilization, and Restoration Account in NOAA's
Damage Assessment and Restoration Revolving Fund, similar to an
existing fund within the Department of the Interior. This
emergency fund would allow the agency to take necessary actions
without uncertainty about the source of funding. Recovered
costs would then be deposited in the Fund. The Committee
recognizes that cost-recoveries will never fully replenish the
Fund, nor is the fund initially endowed, and the Secretary of
Commerce has the discretion to set aside a portion of the
appropriated funds for such purposes.
The bill would also require the Secretary of Commerce and the
Secretary of the Interior to enter into written agreements with
States and territories with respect to response and restoration
actions for coral reefs. The purpose of these agreements is to
ensure that planning and preparedness activities incorporate
local concerns before an incident so that response and
restoration actions are implemented in a coordinated and cost-
effective manner. These agreements should be crafted to augment
and harmonize with existing contingency and emergency response
plans.
The bill would increase annual authorizations for the NOAA
program to $34 million in FY 2008, $36 million in FY 2009, $38
million in FY 2010, and $40 million for each of FY 2011 and FY
2012. The bill would set aside at least 30 percent of funding
for the current coral reef conservation grants program. In
addition, the bill would authorize a total of $8 million for FY
2008 through FY 2012, to remain available until expended, for
community-based planning grants to focus on implementation of
community-based protection plans. An additional $5 million for
FY 2008 and $10 million for each of FY 2009 through 2012 would
be authorized for the International Coral Reef Conservation
Program, such sums to remain available until expended.
Legislative History
S. 1580 was introduced in the Senate on June 7, 2007, by
Senator Inouye and is co-sponsored by Senators Stevens,
Cantwell, Kerry, Snowe, Lautenberg, and Boxer. The bill was
referred to the Committee on Commerce, Science, and
Transportation. On October 30, 2007, the Committee considered
the bill in an open executive session. Senators Inouye and
Stevens offered a managers' amendment, co-sponsored by Senators
Cantwell, Kerry, Snowe, Lautenberg, and Boxer, making a number
of changes to the bill as introduced, and the Committee, by
voice vote, ordered S. 1580 reported as amended by the
managers' amendment.
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:
S. 1580--Coral Reef Conservation Amendments Act of 2007
Summary: S. 1580 would authorize the appropriation of $241
million over the 2008-2012 period to the National Oceanic and
Atmospheric Administration (NOAA). Assuming appropriation of
the authorized amounts, CBO estimates that implementing the
bill would cost $218 million over the 2008-2012 period. (The
remaining $23 million authorized would be spent after 2012.)
Enacting S. 1580 could increase revenues and associated direct
spending, but we estimate that such changes--about $2 million
over the 2008-2017 period--would have no significant net impact
in each year.
The bill contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
but CBO estimates that the annual costs of those mandates would
not exceed the thresholds established in UMRA ($66 million in
2007 for intergovernmental mandates and $131 million in 2007
for private-sector mandates; the thresholds are adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1580 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
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
NOAA Coral Reef Conservation
Program:
Authorization Level......... 34 36 38 40 40
Estimated Outlays........... 22 31 35 39 40
International Coral Reef
Conservation:
Authorization Level......... 5 10 10 10 10
Estimated Outlays........... 4 9 10 10 10
Community Planning Grants:
Estimated Authorization 1 2 2 2 1
Level......................
Estimated Outlays........... 1 2 2 2 1
Total Changes:
Estimated Authorization 40 48 50 52 51
Level......................
Estimated Outlays........... 27 42 47 51 51
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1580 will be enacted near the start of calendar year 2008 and
that the authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
conservation programs carried out by NOAA.
Spending subject to appropriation
S. 1580 would authorize appropriations totaling $241
million over the 2008-2012 period for federal activities and
grants to protect coral reefs. The authorizations include
between $34 million and $40 million annually for NOAA's current
domestic program and between $5 million and $10 million
annually for new international programs. By comparison, NOAA
received an appropriation of $26 million in 2007 for the coral
reef conservation program. The agency has not yet received
full-year appropriations for 2008.
The bill also would authorize the appropriation of $8
million over the 2008-2012 period for NOAA's community planning
grants to states. CBO assumes that the $8 million would be
appropriated and spent roughly evenly over the five-year
period.
Revenues and direct spending
Enacting S. 1580 would increase both revenues and direct
spending. CBO estimates that those changes would largely offset
each other over the 2008-2017 period.
S. 1580 would prohibit certain actions that damage or
destroy coral reefs. The bill would extend legal protection to
reefs in all U.S. waters (rather than only those in national
marine sanctuaries or national parks as under existing law),
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 about $1 million over the 2008-2012
period and by $2 million over the 2008-2017 period.
Amounts collected under S. 1580 from civil penalties and
other monetary collections would be available without further
appropriation to NOAA for activities such as repairing and
restoring damaged reefs. Criminal penalties would be deposited
in and spent from the Crime Victims Fund.
S. 1580 also would authorize NOAA to impose fees for
permits to collect coral. CBO estimates that new offsetting
receipts from permit fees would be negligible. Spending of
those receipts would be subject to appropriation.
Intergovernmental and private-sector impact: S. 1580
contains intergovernmental and private-sector mandates as
defined in UMRA, but CBO estimates that the annual costs of
those mandates would not exceed the thresholds established in
UMRA.
The bill would impose a private-sector mandate by making it
unlawful, with some exceptions, for any person to damage 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 corals located within national marine sanctuaries,
receive such protection. Based on information from NOAA, CBO
estimates that the direct cost of the mandate would not be
significant.
The bill also would authorize the Secretary of Commerce to
issue permits allowing for activities that would affect coral
reefs. If the Secretary established a permit program,
researchers, such as those at public universities, and other
persons, would be required to obtain a permit. That requirement
would be a private-sector and intergovernmental mandate. Based
on information from NOAA, CBO estimates that the cost of that
mandate would be small.
Overall, S. 1580 would create several new grant programs
that would benefit state and local governments. Any costs to
those governments would result from complying with conditions
of federal aid.
Previous CBO estimate: On August 3, 2007, CBO transmitted a
cost estimate for H.R. 1205, the Coral Reef Conservation
Amendments Act of 2007, as ordered reported by the House
Committee on Natural Resources on June 28, 2007. H.R. 1205 and
S. 1580 are very similar, but the Senate legislation would
authorize higher appropriations than H.R. 1205. Also, S. 1580
contains enforcement provisions that could result in additional
revenues (from civil penalties, asset forfeitures, or damages)
and spending of such amounts. Those differences are reflected
in the CBO cost estimates.
On November 29, 2007, CBO transmitted a cost estimate for
S. 1580, the Coral Reef Conservation Amendments Act of 2007, as
ordered reported by the Senate Committee on Commerce, Science,
and Transportation on October 30, 2007. That estimate
incorrectly stated that the bill would authorize funding of
between $5 million and $10 million for the Department of the
Interior, rather than NOAA.
Estimate prepared by: Federal Spending: Deborah Reis;
Federal Revenues: Barbara Edwards; Impact on State, Local, and
Tribal Governments: Neil Hood; Impact on the Private Sector:
Amy Petz.
Estimate approved by: Peter H. Fontaine, 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. 1580, as reported, would authorize appropriations to
continue and expand existing NOAA programs and make a number of
changes to current law. This bill would have little, if any,
regulatory impact.
ECONOMIC IMPACT
This bill, as reported, provides authorization levels of $34
million for FY 2008, $36 million for FY 2009, $38 million for
FY 2010, and $40 million for each of FY 2011 and FY 2012 for
NOAA to carry out the purposes of this bill. The bill also
would provide a one-time authorization of $8 million for the
Community-Based Planning Grants program, to be available until
FY 2012. In addition, this bill would authorize $5 million for
FY 2008 and $10 million for each of FY 2009 through FY 2012 for
the International Coral Reef Conservation program. These
funding levels are not expected to have an inflationary impact
on the Nation's economy.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. Those State, local, and non-
governmental partners that volunteer to participate in the
Coral Reef Grant program or Community-Based Planning Grants
program would need to provide applications and documentation to
the NOAA.
Section-by-Section Analysis
Section 1. Short Title
This section would provide the short title of the bill, the
Coral Reef Conservation Amendments Act of 2007.
Section 2. Amendment of Coral Reef Conservation Act of 2000
This section would describe the relationship between this Act
and the CRCA.
Section 3. Findings and Purposes
This section of the bill would describe the important
ecological and economic functions provided by coral reef
ecosystems and summarize the factors that have led to the
global decline of coral reef ecosystems. The section also would
restate the existing purposes of the Act, including
preservation, protection, management, research, and restoration
of coral reef ecosystems. A new purpose would be added to
clarify the additional focus of the program on addressing
damage to coral reefs.
Section 4. National Coral Reef Action Strategy
This section would require the Secretary of Commerce, within
one year of enactment of the Act, to submit to Congress a new
national coral reef action strategy.
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 strive to 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
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
also would allow the Secretary of Commerce to enter into
agreements with universities and research centers with
established management-driven coral reef institutes to conduct
activities including research and public outreach. The section
also would allow the Secretary of Commerce to use grant funding
and the resources of other departments, agencies, State
governments, and international organizations to carry out the
provisions of the Act, with the consent of such other party.
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. New subsection 208(a) would allow the Secretary of
Commerce to conduct coral reef conservation activities with
appropriate local, regional, and international programs. New
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. New
subsection 208(c) would include specific guidelines to the
Secretary of Commerce for long-term stewardship of
environmental data, reports, and other information. New
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. International Coral Reef Conservation Program
This section would create a new section 209 in the CRCA that
directs the Secretary of Commerce to establish an International
Coral Reef Conservation Program and provide a strategic plan to
Congress to address coral reefs important to U.S. interests,
consistent with the national strategy. It also would provide
grant-making authority to support partnerships in implementing
the strategy. This is important because of the worldwide
decline in coral reefs, because of the importance of those
reefs for ecosystem health, and because certain international
coral reefs have a high conservation value and are important
for U.S. marine resources and interests, including domestic
coral reefs and fisheries.
Section 11. Community-Based Planning Grants
This section would create a new section 210 in the CRCA that
would authorize the Secretary of Commerce to award grants to
entities which 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,
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 also would 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 12. Vessel Grounding Inventory
This section would create a new section 211 in the CRCA that
authorizes 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 also would 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 also would
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 13. Prohibited Activities
This section would create a new section 212 in the CRCA that
establishes prohibited activities pertaining to coral reefs,
similar to authorities that pertain to coral reefs and other
natural resources located within a National Marine Sanctuary.
New section 212 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 also would
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 this title, violate permits or regulations
promulgated pursuant to this title, or to possess, transport,
or distribute coral taken in violation of this 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 and the Secretary of the Interior,
corresponding to the areas managed by each.
Section 14. Destruction of Coral Reefs
This section would create a new section 213 in the CRCA which
establishes liability for damage to coral reefs resulting from
prohibited activities listed in section 13. This section would
provide a mechanism to recover response costs and damages from
parties responsible for damages to coral reef ecosystems in
order to assess the damages and undertake restoration
activities.
New 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 Act 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.
New 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.
New subsection 213(c) would allow for civil judicial actions
to recover response costs and damages and specifies venue.
New 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.
New subsection 213(e) would set the statute of limitations
for claims as three years from the completion of the damage
assessment and restoration plan.
New 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.
Section 15. Enforcement
This section would create a new section 214 in the CRCA to
provide for the enforcement of Title II and give the relevant
Secretary specific enforcement authorities, including the
ability to board and inspect vessels suspected of being in
violation of the Act, the ability to seize evidence, and the
ability to execute warrants, issue subpoenas, make arrests, and
exercise other lawful enforcement activities. 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 Secretary to recovery 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 16. Permits
This section would create a new section 215 in the CRCA that
would authorize the relevant Secretary 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 discretion in waiving the
fee and specifically would exempt lawful fishing activities
from requiring permits.
Section 17. Regional, State, and Territorial Coordination
This section would create a new section 216 in the CRCA that
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 18. Regulations
This section would create a new section 217 in the CRCA that
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 19. 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 2009 and every three years thereafter, a
report describing the condition of U.S. coral reefs,
accomplishments under the Act, and effectiveness of management
actions to address threats to coral reefs. The report also
would 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.
Section 20. Authorization of Appropriations
This section would amend section 219 of the CRCA, as
redesignated, to increase the total authorized appropriations
to the Secretary of Commerce to implement the Act, from $16
million per year to $34 million in FY 2008, $36 million in FY
2009, $38 million in FY 2010, and $40 million for each of FY
2011 and FY 2012. The higher 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 30 percent of the authorized funds to the general grants
program. 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 $8 million for FY 2008
through FY 2012, 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 $5 million for FY 2008 and $10 million for each
of FY 2009 through 2012, such sums to remain available until
expended, for the International Coral Reef Conservation
Program.
Section 21. Judicial Review
This section would create a new section 220 in the CRCA that
would allow standard provisions for judicial review of actions
taken by either Secretary except for actions taken pursuant to
section 212(c) 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 22. Definitions
This section would amend section 221 of the CRCA, as
redesignated, to define biodiversity, conservation, 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. 201. SHORT TITLE.
[16 U.S.C. 6401 note]
This title may be cited as the ``Coral Reef Conservation Act
of 2000''.
[SEC. 202. PURPOSES.
[16 U.S.C. 6401]
[The purposes of this title et seq.] 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. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) coral reefs contain high biological diversity and
serve important ecosystem functions;
(2) coral reef ecosystems provide economic and
environmental benefits in the form of food, jobs,
natural products, and pharmaceuticals;
(3) coral reef ecosystems are the basis of thriving
commercial and recreational fishing and tourism
industries;
(4) a combination of stressors, including climate
change, has caused a rapid decline in the health of
many coral reef ecosystems globally;
(5) coral reef ecosystems are also adversely impacted
by human impacts including pollution, ocean
acidification, overfishing, and physical damage; and
(6) healthy coral reefs provide shoreline protection
for coastal communities and resources.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, sustain, and restore the condition
of coral reef ecosystems;
(2) to promote the wise management and sustainable
use of coral reef ecosystems to benefit local
communities, the Nation, and the world;
(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to
such ecosystems;
(4) to assist in the preservation of coral reef
ecosystems by supporting conservation programs,
including projects that involve affected local
communities and nongovernmental organizations;
(5) to provide financial resources for those programs
and projects;
(6) to establish a formal mechanism for collecting
and allocating monetary donations from the private
sector to be used for coral reef conservation projects;
and
(7) to provide mechanisms to prevent and minimize
damage to coral reefs.
SEC. 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).]
``(a) In General.--Not later than 1 year after the date of
the enactment of the Coral Reef Conservation Amendments Act of
2007, the Secretary shall submit to the Senate Committee on
Commerce, Science, and Transportation and to the House of
Representatives Committee on Natural Resources and publish in
the Federal Register a national coral reef 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;
(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.
SEC. 204. CORAL REEF CONSERVATION PROGRAM.
[16 U.S.C. 6403]
[(a) Grants.--The Secretary, through the Administrator and
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.]
(a) Grants.--The Secretary, subject to the availability of
funds, shall provide grants of financial assistance for
projects for the conservation of coral reef ecosystems
(hereafter in this title referred to as ``coral conservation
projects''), for proposals approved by the Secretary in
accordance with this section.
(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 conservat0ion 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 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 3219(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, or cooperative agreements 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 established management-driven 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, Indian 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.
[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, regional, or international programs and partners,
as appropriate, to conserve coral reef ecosystems, that are
consistent with this title, the National Marine Sanctuaries
Act, the Coastal Zone Management Act of 1972, the Magnuson-
Stevens Fishery Conservation and Management Act, the Endangered
Species Act of 1973, and the Marine Mammal Protection Act of
1972.
(b) Authorized Activities.--Activities authorized under
subsection (a) include--
(1) mapping, monitoring, assessment, restoration,
socioeconomic and scientific research that benefit the
understanding, sustainable use, biodiversity, and long-
term conservation of coral reef ecosystems;
(2) enhancing public awareness, education,
understanding, and appreciation of coral reef
ecosystems;
(3) removing, and providing assistance to States in
removing, abandoned fishing gear, marine debris, and
abandoned vessels from coral reef ecosystems to
conserve living marine resources;
(4) responding to incidents and events that threaten
and damage coral reef ecosystems, including disease and
bleaching;
(5) conservation and management of coral reef
ecosystems;
(6) centrally archiving, managing, and distributing
data sets and providing coral reef ecosystem
assessments and services to the general public. with
local, regional, or international programs and
partners; and
(7) activities designed to prevent or minimize damage
to coral reef ecosystems, including those activities
described in section 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.--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)(3)(B) 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.
SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION PROGRAM.
(a) Establishment of the Program.--
(1) In general.--The Secretary shall establish an
International Coral Reef Conservation Program to carry
out activities consistent with the purposes of this Act
with respect to coral reef ecosystems in waters outside
United States jurisdiction. The Program shall consist
of the development and implementation of an
international coral reef ecosystem strategy pursuant to
subsection (b), and an international coral reef
ecosystem partnership program pursuant to subsection
(c).
(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 2007, 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) 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
who have received grants under section 204 to provide
additional funds to such entities to work with local
communities and through appropriate Federal and State entities
to prepare and implement plans for the increased protection of
coral reef areas identified by the community and scientific
experts as high priorities for focused attention. The plans
shall--
(1) support attainment of 1 or more of the criteria
described in section 204(g);
(2) be developed at the community level;
(3) utilize watershed-based approaches;
(4) provide for coordination with Federal and State
experts and managers; and
(5) build upon local approaches, 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.
SEC. 214. ENFORCEMENT.
(a) In General.--The Secretary shall conduct enforcement
activities to carry out this title.
(b) Powers of Authorized Officers.--Any person who is
authorized to enforce this title may--
(1) board, search, inspect, and seize any vessel or
other conveyance suspected of being used to violate
this title, any regulation promulgated under this
title, or any permit issued under this title, and any
equipment, stores, and cargo of such vessel;
(2) seize wherever found any component of coral reef
taken or retained in violation of this title, any
regulation promulgated under this title, or any permit
issued under this title;
(3) seize any evidence of a violation of this title,
any regulation promulgated under this title, or any
permit issued under this title;
(4) execute any warrant or other process issued by
any court of competent jurisdiction;
(5) exercise any other lawful authority; and
(6) arrest any person, if there is reasonable cause
to believe that such person has committed an act
prohibited by section 212.
(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.
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 such as coastal runoff, vessel
impacts, and overharvesting.
(b) Response and Restoration Activities.--The Secretary shall
enter into written agreements with any States in which coral
reefs are located regarding the manner in which response and
restoration activities will be conducted within the affected
State's waters. Nothing in this subsection shall be construed
to limit Federal response and restoration activity authority
before any such agreement is final.
(c) Cooperative Enforcement Agreements.--All cooperative
enforcement agreements in place between the Secretary and
States affected by this title shall be updated to include
enforcement of this title where appropriate.
SEC. 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.
[ 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 REPORT.
Not later than March 1, 2009, and every 3 years thereafter,
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Natural Resources of the House of Representatives a report
describing all activities undertaken to implement the strategy,
including--
(1) a description of the funds obligated by each
participating Federal agency to advance coral reef
conservation during each 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;''
(4) a description of Federal disaster response
actions taken pursuant to the National Response Plan to
address damage to coral reefs and coral reef
ecosystems; and
(5) an assessment of the condition of United States
coral reefs, accomplishments under this Act, and the
effectiveness of management actions to address threats
to coral reefs.
SEC. [209.] 219. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 6408]
(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 2008, $36,000,000 for fiscal year 2009, $38,000,000
for fiscal year 2010, and $40,000,000 for each of fiscal years
2011 through 2012, of which no less than 30 percent per year
(for each of fiscal years 2008 through 2012) shall be used for
the grant program under section 204 and up to 10 percent per
year shall be used for the Fund established under section
205(a), 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.]
(c) Community-Based Planning Grants.--There is authorized to
be appropriated to the Secretary to carry out section 210 the
sum of $8,000,000 for fiscal years 2008 through 2012, such sum
to remain available until expended.
[(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.]
(d) International Coral Reef Conservation Program.--There are
authorized to be appropriated to the Secretary to carry out
section 209 $5,000,000 for fiscal year 2008, and $10,000,000
for fiscal years 2009 through 2012, such sums to remain
available until expended.
SEC. 220. JUDICIAL REVIEW.
(a) In General.--Judicial review of any action taken by the
Secretary under this title shall be in accordance with sections
701 through 706 of title 5, United States Code, except that--
(1) review of any final agency action of the
Secretary taken pursuant to sections 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 within 30 days after
the date such final agency action is taken; and
(2) review of all other final agency actions of the
Secretary under this title may be had only by the
filing of a petition for review by an interested person
in the Circuit Court of Appeals of the United States
for the District of Columbia Circuit or for the Federal
judicial district in which such person resides or
transacts business which is directly affected by the
action taken within 120 days after the date such final
agency action is taken.
(b) No Review in Enforcement Proceedings.--Final agency
action with respect to which review could have been obtained
under subsection (a)(2) shall not be subject to judicial review
in any civil or criminal proceeding for enforcement.
(c) Cost of Litigation.--In any judicial proceeding under
subsection (a), the court may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing party whenever it determines that such award is
appropriate.
[SEC. 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) Conservation.--The term ``conservation'' means
the use of methods and procedures necessary to preserve
or sustain corals and associated species and habitat as
resilient, diverse, viable, and self-perpetuating coral
reef ecosystems, including all activities associated
with resource management (such as assessment,
conservation, protection, restoration, sustainable use,
and management of habitat, mapping, monitoring,
assistance in the development of management strategies
for marine protected areas and marine resources
consistent with the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.), law enforcement, conflict resolution
initiatives, and community outreach and education) that
promote safe and ecologically sound navigation.
(3) Coral.--The term ``coral'' means species of the
phylum Cnidaria, including--
(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), Alcyonacea (soft
corals), and Helioporacea (blue coral) of the
class Anthozoa; and
(B) all species of the families Milleporidea
(fire corals) and Stylasteridae (stylasterid
hydrocorals) of the class Hydrozoa.
(4) Coral reef.--The term ``coral reef'' means
limestone structures composed in whole or in part of
living corals, as described in paragraph (3), their
skeletal remains, or both, and including other corals,
associated sessile invertebrates and plants, and
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, and 219, and the other paragraphs
of this section, the Secretary of Commerce,
acting through the Administrator of the
National Oceanic and Atmospheric
Administration; and
(B) for purposes of sections 212 through 217
and section 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.
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