[Senate Report 112-210]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-210
_______________________________________________________________________
Calendar No. 506
CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 46
September 12, 2012.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Richard Russell, Republican Staff Director
David Quinalty, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 506
112th Congress Report
SENATE
2d Session 112-210
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CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011
_______
September 12, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 46]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 46) to reauthorize the Coral
Reef Conservation Act of 2000, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 46, the Coral Reef Conservation Amendments
Act of 2011, is to strengthen and reauthorize the Coral Reef
Conservation Act of 2000, which expired in 2004. The bill, as
reported, would reauthorize and strengthen the authorities of
the Secretary of Commerce to address threats to coral reefs and
coral reef ecosystems in U.S. waters.
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 ecosystems provide goods and services worth
billions of dollars each year to the U.S. economy and economies
worldwide. Coral reef resources provide economic and
environmental benefits in the form of food, jobs, natural
products, pharmaceuticals, and shoreline protection. A recent
estimate placed the total net benefit of the world's coral reef
ecosystems at $29.8 billion per year.
In the United States, coral reefs are found in the waters of
the Western Atlantic and Caribbean (Florida, Puerto Rico, and
the U.S. Virgin Islands) and the Pacific Islands (Hawaii, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands). Hawaii's coral reef ecosystems are home to over 5,000
known species of marine plants and animals, of which about 25
percent are endemic. The economic value of Hawaii's coral reefs
was estimated to have a direct economic benefit of $360 million
per year. The waters off the peninsula of Florida are home to
thousands of miles of coral reef ecosystems. The most extensive
living coral reef in the United States is adjacent to the 126-
mile island chain of the Florida Keys. The presence of these
unique ecosystems helps generate $3.9 billion in economic
activity in South Florida and 71,000 jobs.
While coral reef ecosystems have survived for millions of
years despite an abundance of natural disturbances, at present,
overfishing, warming ocean temperatures, ocean acidification,
pollution, and vessel groundings are causing a significant
decline in coral reef health. A 2008 report on the status of
coral reefs found that 19 percent of the world's reefs have
been effectively destroyed, another 15 percent are under threat
of loss in 20 to 40 years, and a further 20 percent are under a
longer term threat of collapse.
In 2000, Congress recognized the need to preserve, sustain,
and restore the condition of coral reef ecosystems by enacting
the Coral Reef Conservation Act of 2000 (CRCA)(16 U.S.C. 6401
et seq.), which called for the creation of a national strategy
and program to address the threats to coral reef communities.
CRCA directed the National Oceanic and Atmospheric
Administration (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 these ecosystems, and to assist in the
preservation of coral reefs by supporting external conservation
programs. CRCA created a Coral Reef Conservation grant program
within NOAA, as well as a Coral Reef Conservation Fund to
support public-private matching funds and partnerships to
further the purposes of CRCA.
Authorizations for CRCA expired at the end of fiscal year
(FY) 2004. While the program has been very successful, changes
and expansions of authority 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 to help lead Federal efforts, as well as
increased attention to coral reef issues at the international
level. Witnesses at a hearing before the Committee in 2005
urged increased funding, mechanisms for addressing vessel
impacts, and implementation of local strategies.
In 2007, the Bush Administration proposed a bill that would
prohibit damages to coral reefs in U.S. waters. The proposed
provisions would address the inconsistencies between coral
reefs that are located within sanctuaries established by the
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and
those outside such boundaries. The proposed bill also included
liability and enforcement provisions and a mechanism for
funding restoration activities.
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 was
for administrative costs. Since enactment of CRCA, NOAA
appropriations for CRCA activities have exceeded authorized
amounts, rising to $29 million for FY 2010.
Summary of Provisions
The Coral Reef Conservation Amendments Act of 2011 would
reauthorize CRCA and strengthen the authorities of the
Secretary of Commerce to address threats to coral reef
ecosystems in U.S. waters. For example, it would allow the
Secretary to more comprehensively address the threat of marine
debris to coral reef ecosystems by removing abandoned fishing
gear, other discarded objects, and abandoned vessels from coral
reefs. The bill would also provide the Secretary the authority
to respond to vessel groundings on coral reefs, maintain a
vessel grounding inventory, identify at-risk reefs, and
recommend preventative measures, such as navigational aids and
fixed anchors.
The bill would expand the authority under the current grants
program to address emerging threats to coral reefs, such as
coral bleaching, disease, and acidification. The bill also
would establish consistent practices for maintaining data,
products, and information, and promote widespread availability
and dissemination of environmental data and information.
The bill includes provisions that would prohibit damage to
coral reefs. These provisions are similar to current
authorities included in the National Marine Sanctuaries Act for
coral reefs and other resources located within National Marine
Sanctuaries. These provisions include specific exemptions that
would 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 permitted.
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
includes provisions that would provide forfeiture 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
jurisdictions. Other new provisions would establish a
permitting program for necessary or advantageous activities in
coral reef areas, such as research, and would improve
coordination among States and territories to address threats to
coral reefs. Finally, the bill would encourage Federal, State,
and local coordination and would streamline the 3-year
reporting requirement to Congress on the status of coral reefs
and achievements under the Act.
Legislative History
During the 109th Congress, S. 1390, legislation to
reauthorize CRCA, passed the Senate on December 15, 2005. A
similar reauthorization bill, S. 1580, was introduced in the
110th Congress, but not considered. The Committee reported a
bill reauthorizing CRCA in the 111th Congress, S. 2859. The
current bill (S. 46) was introduced by Senator Inouye on
January 25, 2011, and is cosponsored by Senators Snowe,
Rockefeller, Bill Nelson, and Kerry. The text of S. 46 is
similar to the Committee-reported bill from the 111th Congress.
At its Executive Session on May 5, 2011, the Committee voted to
report the bill favorably without 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. 46--Coral Reef Conservation Amendments Act of 2011
Summary: S. 46 would reauthorize and expand a National
Oceanic and Atmospheric Administration (NOAA) program to
protect coral reefs. Assuming appropriation of the authorized
amounts, CBO estimates that implementing the legislation would
increase discretionary spending by $211 million over the 2012-
2016 period and $26 million after 2016. CBO also estimates that
enacting S. 46 would increase direct spending by $16 million
over the 2012-2021 period and would increase revenues by $2
million over that period; therefore, pay-as-you-go procedures
apply.
By establishing new protections for coral reefs, S. 46
would impose intergovernmental and private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). CBO
estimates that the costs of complying with those mandates would
fall below the annual thresholds established in UMRA ($71
million for intergovernmental mandates and $142 million for
private-sector mandates, in 2011, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 46 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in billions of dollars--
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2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
NOAA Coral Reef Conservation Program:
Authorization Level\a\.............. 34 36 38 40 40 0 0 0 0 0 188 188
Estimated Outlays................... 22 30 36 39 39 14 6 1 0 0 166 187
International Coral Reef Conservation
Program:
Authorization Level................. 8 8 8 8 8 0 0 0 0 0 40 40
Estimated Outlays................... 5 7 8 8 8 3 1 0 0 0 36 40
Community Planning Grants:
Estimated Authorization Level....... 2 2 2 2 2 0 0 0 0 0 10 10
Estimated Outlays................... 1 2 2 2 2 1 0 0 0 0 9 10
Study of U.S. Market for Coral Products:
Estimated Authorization Level....... * 0 0 0 0 0 0 0 0 0 * *
Estimated Outlays................... * * * 0 0 0 0 0 0 0 * *
Total Changes:
Estimated Authorization Level... 44 46 48 50 50 0 0 0 0 0 238 238
Estimated Outlays............... 28 39 46 49 49 18 7 1 0 0 211 237
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.............. 1 1 1 1 2 2 2 2 2 2 6 16
Estimated Outlays....................... 1 1 1 1 2 2 2 2 2 2 6 16
CHANGES IN REVENUES
Estimated Revenues...................... * * * * * * * * * * 1 2
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Notes: NOAA = National Oceanic and Atmospheric Administration.
* = less than $500,000.
\a\Of amounts appropriated to NOAA in fiscal year 2010, the agency allocated $30 million to carry out this program. The agency has not completed its
allocation of fiscal year 2011 appropriations for the program.
Basis of estimate: For this estimate, CBO assumes that S.
46 will be enacted by the end of 2011 and that the authorized
and necessary amounts will be appropriated for each fiscal
year. Estimated outlays are based on historical spending
patterns for similar NOAA programs.
Spending Subject to Appropriation
CBO estimates that S. 46 would authorize appropriations
totaling $238 million over the 2012-2016 period for federal
activities and grants to protect coral reefs. The authorization
includes up to $40 million annually for NOAA's current domestic
program and $8 million annually for new international programs.
The bill also would authorize the appropriation of $10 million
over the 2012-2016 period for NOAA's community planning grants
to states. CBO expects that the $10 million would be
appropriated evenly over the five-year period. Finally, the
bill would authorize the appropriation of $100,000 to study the
U.S. market for coral products. CBO expects that those funds
would be appropriated in fiscal year 2012 and would be spent
over the 2012-2014 period. In total, CBO estimates that
implementing those programs would cost $211 million over the
2012-2016 period and $26 million after 2016.
Direct Spending and Revenues
CBO estimates that enacting S. 46 would increase direct
spending by $16 million over the 2012-2021 period and would
increase revenues by $2 million over that period.
S. 46 would require the Secretary of the Treasury to invest
amounts in the Damage Assessment Restoration Revolving Fund
(including civil penalties) in interest-bearing obligations of
the United States. Interest earned on amounts in the fund would
be available without further appropriation to NOAA for
activities such as repairing and restoring damaged reefs. Based
on information from NOAA regarding historical balances in the
fund, CBO estimates that the expenditure of interest earned on
those amounts would increase direct spending by $14 million
over the 2012-2021 period.
S. 46 also would prohibit certain actions that damage or
destroy coral reefs. The bill would extend legal protection to
reefs in all U.S. waters (under current law, only reefs in
national marine sanctuaries or national parks are protected),
establish enforcement mechanisms such as penalties and asset
forfeitures, and make violators liable for damages and the
costs of federal responses to accidents that harm coral. Based
on information provided by NOAA on recent accidents that
damaged coral reefs in national marine sanctuaries, CBO
estimates that collecting penalties, damages, and cost
reimbursements from those who damage reefs in other U.S. waters
would increase revenues by $2 million over the 2012-2021
period. Because those amounts could be spent by NOAA and the
Department of Justice without further appropriation, CBO also
estimates that implementing those provisions would increase
direct spending by $2 million over the 10-year period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 46, THE CORAL REEF CONSERVATION AMENDMENTS ACT OF 2011, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 5, 2011
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 1 1 1 1 1 1 2 2 2 2 5 14
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Memorandum:
Changes in Outlays.................... 0 1 1 1 1 2 2 2 2 2 2 6 16
Changes in Revenues................... 0 0 0 0 0 0 0 0 0 0 0 1 2
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Intergovernmental and private-sector impact: S. 46 contains
intergovernmental and private-sector mandates as defined in
UMRA, but CBO estimates that the costs of those mandates would
fall below the annual thresholds established in UMRA ($71
million for intergovernmental mandates and $142 million for
private-sector mandates, in 2011, adjusted annually for
inflation).
S. 46 would authorize the Secretary of Commerce to issue
permits for activities that could affect coral reefs. If the
Secretary establishes a permit program that requires entities,
such as researchers at universities and other institutions
(public and private), to obtain a permit to conduct research or
other activities, that requirement would be an
intergovernmental and private-sector mandate. CBO expects that
few activities would likely be subject to the new permitting
requirements and that the costs associated with obtaining a
permit would be low.
The bill also would impose a private-sector mandate by
making it unlawful for any person to destroy, cause the loss
of, or injure any coral reef that is subject to the
jurisdiction of the United States. In addition, persons that
damage coral reefs would be liable for the restoration of
damages and the costs of federal responses to incidents that
harm coral. Currently, only those coral reefs protected under
separate legal authorities, such as coral reefs located within
national marine sanctuaries, receive such protection. Based on
information from NOAA, CBO estimates that the cost of the
mandate would not be substantial.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 46 would make it unlawful for any person to destroy, cause
the loss of, or injure any coral reef that is subject to the
jurisdiction of the United States, except as allowed in section
212(b)(2). Currently, only those coral reefs protected under
separate legal authorities receive such protection. Also, the
bill would authorize the Secretary of Commerce to issue permits
for activities that could affect coral reefs.
ECONOMIC IMPACT
The bill would authorize $34 million in FY 2012, $36 million
in FY 2011, $38 million in FY 2013, and $40 million for each of
FY 2015 and FY 2016 for Federal activities and grants to
protect coral reefs. The bill would authorize a total of $10
million for FY 2012 through FY 2016, to remain available until
expended, for community-based planning grants to focus on
implementation of community-based protection plans. At least 25
percent of authorized funds would be directed to the general
grants program, and at least 6 percent of the grant funds would
be permitted to go to Fishery Management Councils. Finally, the
bill would authorize $8 million for each FY from 2012 through
2016 for international coral reef conservation. These funding
levels are relatively modest, and are not expected to have an
inflationary impact on the nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation. S. 46 would authorize the Secretary of Commerce to
issue permits for research and other activities that could
affect coral reefs. This provision would require additional
paperwork; however, the Committee expects that few activities
would likely be subject to the permitting requirements. The
provision is necessary for the management of U.S. coral reefs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title
This section provides the short title of the bill, the Coral
Reef Conservation Amendments Act of 2011.
Section 2. Amendment of Coral Reef Conservation Act of 2000
This section states that an amendment or repeal of a section
or other provision shall be considered to be made to the Coral
Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq).
Section 3. Purposes
The section states the purposes of the Act, including
preservation, protection, management, research, and restoration
of coral reef ecosystems. A new purpose is added to clarify the
focus of the program on preventing and minimizing damage to
coral reefs.
Section 4. National Coral Reef Action Strategy
This section would require the Secretary of Commerce, within
180 days of enactment of the Act, to submit to Congress a new
national coral reef action strategy. The section would request
the Secretary include in the action strategy discussions about
impacts from climate change, coastal uses and management,
including land-based sources of pollution, and water and air
quality on corals and coral reef ecosystems.
Section 5. Coral Reef Conservation Program
This section would amend the existing grants program to
include additional criteria for the Secretary of Commerce in
approving grants to include projects that prevent or respond to
damage to coral reef ecosystems, as well as projects that
improve scientific information on threats such as coral disease
and bleaching. The section would make technical amendments to
refer consistently to the defined term ``coral reef
ecosystems''. Projects would be required to be consistent with
the national coral reef action strategy.
Section 6. Coral Reef Conservation Fund
This section would amend section 205(a) of CRCA, which
establishes the Coral Reef Conservation Fund, to clarify that
the Secretary of Commerce may enter into agreements with one or
more nonprofit organizations to receive, hold, and administer
funds, including use of interest-bearing accounts for
activities consistent with the national coral reef action
strategy. This authority would increase the Secretary's
flexibility in working with external partners and strengthen
those partnerships for the purposes of promoting coral reef
ecosystem conservation.
Section 7. Agreements; Redesignations
This section would authorize the Secretary of Commerce to
execute and perform contracts, leases, grants, or cooperative
agreements necessary to carry out the provisions of the Act. It
would also allow the Secretary of Commerce to enter into
agreements with universities and research centers to conduct
activities including research and public outreach. The section
would also allow the Secretary of Commerce to use grant funding
and the resources of other departments, agencies, State
governments, tribes, and international organizations to carry
out the provisions of the Act, with the consent of such other
party. This section would also allow the Secretary to transfer
funds to, and accept the transfer of funds from, Federal
agencies, State and local governments, and others to carry out
the provisions of the Act.
Section 8. Emergency Assistance
This section would amend section 207 of 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 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. Section 208(a) would allow the Secretary of
Commerce to conduct coral reef conservation activities with
appropriate local, regional, and international programs.
Section 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
section 208(c) would include specific guidelines to the
Secretary of Commerce for long-term stewardship of
environmental data, reports, and other information. Section
208(d) would require the Secretary of Commerce to develop,
within the existing Damage Assessment Restoration Revolving
Fund, an Emergency Response, Stabilization, and Restoration
Account for implementation of emergency actions.
Section 10. Study of Trade in Corals
This section would require the Administrator of NOAA, in
consultation with the Secretary of Interior, to conduct a study
on the economic, social, and environmental values and impacts
of the U.S. market in corals and coral products.
Section 11. International Coral Reef Conservation Activities
This section would create a new section 209 in CRCA that
would direct the Secretary of Commerce to undertake
international coral reef conservation activities and provide a
strategic plan to Congress to address coral reefs important to
U.S. interests, consistent with the national strategy. It also
would provide grant-making authority to support partnerships in
implementing the strategy. This is important because of the
worldwide decline in coral reefs and the importance of those
reefs for ecosystem health. Some coral reefs located outside
the United States are important for U.S. marine resources and
interests, including domestic coral reefs and fisheries.
Section 12. Community-Based Planning Grants
This section would create a new section 210 in 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,
which would be based on watershed approaches and incorporating
local approaches or models, should encourage comprehensive
planning programs and provide for more effective conservation
of coral reefs. The section would also provide that the non-
Federal matching requirement for such grants would be 25
percent, rather than the 50 percent match required for the
grants provided under section 5 of the bill, in recognition of
the limited resources available to many local communities.
Section 13. Vessel Grounding Inventory
This section would create a new section 211 in CRCA that
would authorize the Secretary of Commerce to create and
maintain an inventory of all vessel grounding incidents
involving coral reef resources. For each incident, the
inventory would contain information related to: (1) grounding
impacts; (2) vessel identity; (3) estimated costs of removal,
mitigation, or restoration; (4) summary of any incident
response; (5) status of response action; and (6)
recommendations for preventing similar incidents. The section
would also direct the Secretary of Commerce to identify coral
reef areas that have a high incidence of vessel impacts,
including groundings and anchor damage, and to identify and
develop measures and strategies to prevent or mitigate these
impacts. The section would also direct the Secretary of
Commerce to develop a timetable and strategy for implementation
of prevention and mitigation measures, including cooperative
actions with other government agencies and non-governmental
partners.
Section 14. Prohibited Activities
This section would create a new section 212 in CRCA that
would establish prohibited activities pertaining to coral
reefs, similar to authorities that pertain to coral reefs and
other natural resources located within a national marine
sanctuary. The 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 would also provide an exception for actions
taken by the master of a vessel to ensure the safety of the
vessel or to save a life at sea. The section would make it
unlawful to interfere with enforcement of 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 bill extend to coral
reefs managed by the Secretary of Commerce or the Secretary of
the Interior, corresponding to the areas managed by each.
Section 15. Destruction of Coral Reefs
This section would create a new section 213 in CRCA which
would establish liability for damage to coral reefs from
prohibited activities. 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 section
213(a) would describe the elements of liability for the
destruction, loss, taking of, or injury to coral reefs. A
person or vessel 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 provides 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
section 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. The 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 section 213(c) would allow for civil judicial
actions to recover response costs and damages and would specify
venue. New section 213(d) specifies 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,\1\
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 section 213(e) would
set the statute of limitations for claims as three years from
the completion of the damage assessment and restoration plan.
New section 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. New section 213(g) would
provide an exception for an officer or employee of a uniformed
service for any violation of section 212 under this Act that
occurs during the performance of his or her official
governmental duties. New section 213(h) would provide an
exception for any contract employee of a uniformed service for
any violation of section 212 under this Act that is operating a
vessel or engaged in actions under the direction of the
uniformed service controlling the contract.
---------------------------------------------------------------------------
\1\``Relevant Secretary'' may refer to the Secretary of Commerce or
the Secretary of the Interior, depending on in whose jurisdiction the
coral reef is located.
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Section 16. Enforcement
This section would create a new section 214 in CRCA to
provide for the enforcement of title II and would 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. This section
would exclude Government-owned vessels and certain chartered
vessels used exclusively for national defense purposes from
boarding, search, inspection, and seizure. The section would
provide for injunctive relief in the event of an imminent
threat to coral reefs. The section would outline both civil and
criminal enforcement provisions, including administrative and
judicial penalties, and would permit sanctions and claims
against vessels. The section would specify procedures for
collection of penalties and the appropriate venues for bringing
actions. The section would authorize criminal and civil
forfeiture of property obtained or used in violation of the Act
and would allow the Secretary to recover reasonable costs in
the storage and maintenance of any seized property. The section
would specify that civil penalties and costs imposed under this
section would be placed into an account to be available until
expended, and would specify the uses of such funds.
Section 17. Permits
This section would create a new section 215 in CRCA that
would allow the 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 the discretion to waive the fee and
specifically would exempt lawful fishing activities from
requiring permits.
Section 18. Regional, State, and Territorial Coordination
This section would create a new section 216 in 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 19. Regulations
This section would create a new section 217 in CRCA that
would authorize the relevant Secretary to issue necessary and
appropriate regulations to carry out the purposes of the Act.
Section 20. Effectiveness Report
This section would amend section 218 of CRCA, as
redesignated, to require the Secretary of Commerce to submit to
Congress, starting in 2010\2\ and every three years thereafter,
an effectiveness report to summarize activities undertaken to
implement the national coral reef action strategy, including
use of funds, cooperative efforts, and a description of efforts
to protect and manage coral reefs, including projects
undertaken by other Federal agencies. The report would also
include a summary of the vessel grounding inventory and a
description of Federal disaster response actions. The section
would also require an assessment report every five years
describing the condition of U.S. coral reefs, accomplishments
under the Act, and effectiveness of management actions to
address threats to coral reefs.
---------------------------------------------------------------------------
\2\The year 2010 in the reported bill is an apparent error.
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Section 21. Authorization of Appropriations
This section would amend section 219 of 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 for FY 2012, $36 million for FY
2013, $38 million for FY 2014, and $40 million for each of FY
2015 and FY 2016. 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 24 percent of the authorized funds to the general grants
program, and would permit at least 6 percent of the grant funds
to go to Fishery Management Councils. This section would also
set aside up to 10 percent of appropriations for the Coral Reef
Conservation Fund. The section would authorize a total of $10
million for FY 2012 through FY 2016, to remain available until
expended, for the Community Based Planning Grants to provide
long-term funding for implementation of community-based plans.
The section would also authorize $8 million for each of FYs
2012 through 2016, and such sums to remain available until
expended, for the International Coral Reef Conservation
Program.
Section 22. Judicial Review
This section would create a new section 220 in CRCA that
would allow standard provisions for judicial review of actions
taken by either the Secretary of Commerce or the Secretary of
the Interior except for actions taken pursuant to sections
214(c)(1) and 214(c)(2) regarding interference with
enforcement, which may only be had by filing a complaint in the
U.S. District Court within 30 days of final agency action. The
section would allow courts to award costs of litigation to any
prevailing party when appropriate.
Section 23. Definitions
This section would amend section 221 of CRCA, as
redesignated, to define biodiversity, bona fide research,
coral, coral reef, coral reef component, coral reef ecosystem,
coral products, damages, emergency actions, and other key terms
in the Act. For purposes of sections 212 through 217 and
section 220 of CRCA, as redesignated, the intent is to define
Secretary as either the Secretary of Commerce or the Secretary
of the Interior, corresponding to areas managed by each
Department.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
CORAL REEF CONSERVATION ACT OF 2000
[SEC. 202. PURPOSES.
[16 U.S.C. 6401]
[The purposes of this title are--
[(1) to preserve, sustain, and restore the
condition of coral reef ecosystems;
[(2) to promote the wise management and sustainable
use of coral reef ecosystems to benefit local
communities and the Nation;
[(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to
such ecosystems;
[(4) to assist in the preservation of coral reefs
by supporting conservation programs, including projects
that involve affected local communities and
nongovernmental organizations;
[(5) to provide financial resources for those
programs and projects; and
[(6) to establish a formal mechanism for collecting
and allocating monetary donations from the private
sector to be used for coral reef conservation
projects.]
SEC. 202. PURPOSES.
The purposes of this Act are--
(1) to preserve, sustain, and restore the condition
of coral reef ecosystems;
(2) to promote the wise management and sustainable
use of coral reef ecosystems to benefit local
communities, the Nation, and the world;
(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to
such ecosystems;
(4) to assist in the preservation of coral reef
ecosystems by supporting conservation programs,
including projects that involve affected local
communities and nongovernmental organizations;
(5) to provide financial resources for those
programs and projects;
(6) to establish a formal mechanism for collecting
and allocating monetary donations from the private
sector to be used for coral reef conservation projects;
and
(7) to provide mechanisms to prevent and minimize
damage to coral reefs.
SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.
[16 U.S.C. 6402]
[(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Resources of the House of
Representatives and publish in the Federal Register a national
coral reef action strategy, consistent with the purposes of
this title. The Administrator shall periodically review and
revise the strategy as necessary. In developing this national
strategy, the Secretary may consult with the Coral Reef Task
Force established under Executive Order 13089 (June 11, 1998).
[(b) Goals and Objectives.--The action strategy shall
include a statement of goals and objectives as well as an
implementation plan, including a description of the funds
obligated each fiscal year to advance coral reef conservation.
The action strategy and implementation plan shall include
discussion of--
[(1) coastal uses and management;
[(2) water and air quality;
[(3) mapping and information management;
[(4) research, monitoring, and assessment;
[(5) international and regional issues;
[(6) outreach and education;
[(7) local strategies developed by the States or
Federal agencies, including regional fishery management
councils; and
[(8) conservation, including how the use of marine
protected areas to serve as replenishment zones will be
developed consistent with local practices and
traditions.]
(a) In General.--Not later than 180 days after the date of
the enactment of the Coral Reef Conservation Amendments Act of
2011, the Secretary shall submit to the Senate Committee on
Commerce, Science, and Transportation and to the House of
Representatives Committee on Natural Resources and publish in
the Federal Register a national coral reef ecosystem action
strategy, consistent with the purposes of this title. The
Secretary shall periodically review and revise the strategy as
necessary. In developing this national strategy, the Secretary
may consult the Coral Reef Task Force established under
Executive Order 13089 (June 11, 1998).
(b) Goals and Objectives.--The action strategy shall
include a statement of goals and objectives as well as an
implementation plan, including a description of the funds
obligated each fiscal year to advance coral reef conservation.
The action strategy and implementation plan shall include
discussion of--
(1) coastal uses and management, including land-
based sources of pollution;
(2) climate change;
(3) water and air quality;
(4) mapping and information management;
(5) research, monitoring, and assessment;
(6) international and regional issues;
(7) outreach and education;
(8) local strategies developed by the States or
Federal agencies, including regional fishery management
councils; and
(9) conservation.
SEC. 204. CORAL REEF CONSERVATION PROGRAM.
[16 U.S.C. 6403]
(a) Grants.--The [Secretary, through the Administrator and]
Secretary, subject to the availability of funds, shall provide
grants of financial assistance for projects for the
conservation of coral reefs (hereafter in this title referred
to as ``coral conservation projects''), for proposals approved
by the Administrator in accordance with this section.
(b) Matching Requirements.--
(1) Fifty percent.--Except as provided in paragraph
(2), Federal funds for any coral conservation project
under this section may not exceed 50 percent of the
total cost of such project. For purposes of this
paragraph, the non-Federal share of project costs may
be provided by in-kind contributions and other noncash
support.
(2) Waiver.--The [Administrator] Secretary may
waive all or part of the matching requirement under
paragraph (1) if the [Administrator] Secretary
determines that no reasonable means are available
through which applicants can meet the matching
requirement and the probable benefit of such project
outweighs the public interest in such matching
requirement.
[(c) Eligibility.--Any natural resource management
authority of a State or other government authority with
jurisdiction over coral reefs or whose activities directly or
indirectly affect coral reefs, or coral reef ecosystems, or
educational or nongovernmental institutions with demonstrated
expertise in the conservation of coral reefs, may submit to the
Administrator a coral conservation proposal under subsection
(e).]
(c) Eligibility.--Any natural resource management authority
of a State or other government authority with jurisdiction over
coral reef ecosystems, or whose activities directly or
indirectly affect coral reef ecosystems, or educational or
nongovernmental institutions with demonstrated expertise in the
conservation of coral reef ecosystems, may submit a coral
conservation proposal to the Secretary under subsection (e).
(d) [Geographic and Biological] Project Diversity.--The
[Administrator] Secretary shall ensure that funding for grants
awarded under subsection (b) during a fiscal year are
distributed in the following manner:
(1) No less than 40 percent of funds available
shall be awarded for coral conservation projects in the
Pacific Ocean within the maritime areas and zones
subject to the jurisdiction or control of the United
States.
(2) No less than 40 percent of the funds available
shall be awarded for coral conservation projects in the
Atlantic Ocean, the Gulf of Mexico, and the Caribbean
Sea within the maritime areas and zones subject to the
jurisdiction or control of the United States.
[(3) Remaining funds shall be awarded for projects
that address emerging priorities or threats, including
international priorities or threats, identified by the
Administrator. When identifying emerging threats or
priorities, the Administrator may consult with the
Coral Reef Task Force.]
(3) Remaining funds shall be awarded for--
(A) projects (with priority given to
community-based local action strategies) that
address emerging priorities or threats,
including international and territorial
priorities, or threats identified by the
Secretary; and
(B) other appropriate projects, as
determined by the Secretary, including
monitoring and assessment, research, pollution
reduction, education, and technical support.
(e) Project Proposals.--Each proposal for a grant under
this section shall include the following:
(1) The name of the individual or entity
responsible for conducting the project.
(2) A description of the qualifications of the
individuals who will conduct the project.
(3) A succinct statement of the purposes of the
project.
(4) An estimate of the funds and time required to
complete the project.
(5) Evidence of support for the project by
appropriate representatives of States or other
government jurisdictions in which the project will be
conducted.
(6) Information regarding the source and amount of
matching funding available to the applicant.
(7) A description of how the project meets one or
more of the criteria in subsection (g).
(8) Any other information the [Administrator]
Secretary considers to be necessary for evaluating the
eligibility of the project for funding under this
title.
(f) Project Review and Approval.--
(1) In general.-- The [Administrator] Secretary
shall review each coral conservation project proposal
to determine if it meets the criteria set forth in
subsection (g).
(2) Review; approval or disapproval.-- Not later
than 6 months after receiving a project proposal under
this section, the [Administrator] Secretary shall--
(A) request and consider written comments
on the proposal from each Federal agency, State
government, or other government jurisdiction,
including the relevant regional fishery
management councils established under the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), or any
National Marine Sanctuary, with jurisdiction or
management authority over coral reef ecosystems
in the area where the project is to be
conducted, including the extent to which the
project is consistent with locally-established
priorities;
(B) provide for the merit-based peer review
of the proposal and require standardized
documentation of that peer review;
(C) after considering any written comments
and recommendations based on the reviews under
subparagraphs (A) and (B), approve or
disapprove the proposal; and
(D) provide written notification of that
approval or disapproval to the person who
submitted the proposal, and each of those
States and other government jurisdictions that
provided comments under subparagraph (A).
[(g) Criteria for Approval.--The Administrator may not
approve a project proposal under this section unless the
project is consistent with the coral reef action strategy under
section 203 and will enhance the conservation of coral reefs
by--
[(1) implementing coral conservation programs which
promote sustainable development and ensure effective,
long-term conservation of coral reefs;
[(2) addressing the conflicts arising from the use
of environments near coral reefs or from the use of
corals, species associated with coral reefs, and coral
products;
[(3) enhancing compliance with laws that prohibit
or regulate the taking of coral products or species
associated with coral reefs or regulate the use and
management of coral reef ecosystems;
[(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to
such ecosystems, including factors that cause coral
disease;
[(5) promoting and assisting to implement
cooperative coral reef conservation projects that
involve affected local communities, nongovernmental
organizations, or others in the private sector;
[(6) increasing public knowledge and awareness of
coral reef ecosystems and issues regarding their long
term conservation;
[(7) mapping the location and distribution of coral
reefs;
[(8) developing and implementing techniques to
monitor and assess the status and condition of coral
reefs;
[(9) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems; or
[(10) promoting ecologically sound navigation and
anchorages near coral reefs.]
(g) Criteria for Approval.--The Secretary may not approve a
project proposal under this section unless the project is
consistent with the coral reef action strategy under section
203 and will enhance the conservation of coral reef ecosystems
nationally or internationally by--
(1) implementing coral conservation programs which
promote sustainable development and ensure effective,
long-term conservation of coral reef ecosystems and
biodiversity;
(2) addressing the conflicts arising from the use
of environments near coral reef ecosystems or from the
use of corals, species associated with coral reef
ecosystems, and coral products;
(3) enhancing compliance with laws that prohibit or
regulate the taking of coral products or species
associated with coral reef ecosystems or regulate the
use and management of coral reef ecosystems;
(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to
such ecosystems and their biodiversity, including
factors that cause coral disease, ocean acidification,
and bleaching;
(5) promoting and assisting the implementation of
cooperative coral reef ecosystem conservation projects
that involve affected local communities,
nongovernmental organizations, or others in the private
sector;
(6) increasing public knowledge and awareness of
coral reef ecosystems and issues regarding their long-
term conservation, including how they function to
protect coastal communities;
(7) mapping the location, distribution, and
biodiversity of coral reef ecosystems;
(8) developing and implementing techniques to
monitor and assess the status and condition of coral
reef ecosystems and biodiversity;
(9) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems and
biodiversity;
(10) responding to, or taking action to help
mitigate the effects of, coral disease, ocean
acidification, and bleaching events;
(11) promoting activities designed to prevent or
minimize damage to coral reef ecosystems, including the
promotion of ecologically sound navigation and
anchorages; or
(12) promoting and assisting entities to work with
local communities, and all appropriate governmental and
nongovernmental organizations, to support community-
based planning and management initiatives for the
protection of coral reef systems.
(h) Project Reporting.--Each grantee under this section
shall provide periodic reports as required by the
[Administrator] Secretary. Each report shall include all
information required by the [Administrator] Secretary for
evaluating the progress and success of the project.
(i) Coral Reef Task Force.--The [Administrator] Secretary
may consult with the Coral Reef Task Force to obtain guidance
in establishing coral conservation project priorities under
this section.
(j) Implementation Guidelines.--Within 180 days after the
date of the enactment of this Act, the [Administrator]
Secretary shall promulgate necessary guidelines for
implementing this section. In developing those guidelines, the
[Administrator] Secretary shall consult with State, regional,
and local entities involved in setting priorities for
conservation of [coral reefs] coral reef ecosystems and provide
for appropriate public notice and opportunity for comment.
SEC. 205. CORAL REEF CONSERVATION FUND.
[16 U.S.C. 6404]
[(a) Fund.--The Administrator may enter into an agreement
with a nonprofit organization that promotes coral reef
conservation authorizing such organization to receive, hold,
and administer funds received pursuant to this section. The
organization shall invest, reinvest, and otherwise administer
the funds and maintain such funds and any interest or revenues
earned in a separate interest bearing account, hereafter
referred to as the Fund, established by such organization
solely to support partnerships between the public and private
sectors that further the purposes of this Act and are
consistent with the national coral reef action strategy under
section 203.]
(a) Fund.--The Secretary may enter into agreements with
nonprofit organizations promoting coral reef ecosystem
conservation by authorizing such organizations to receive,
hold, and administer funds received pursuant to this section.
Such organizations shall invest, reinvest, and otherwise
administer the funds and maintain such funds and any interest
or revenues earned in a separate interest-bearing account
(referred to in section 219(a) as the Fund) established by such
organizations solely to support partnerships between the public
and private sectors that further the purposes of this title and
are consistent with the national coral reef action strategy
under section 203.
(b) Authorization To Solicit Donations.--Pursuant to an
agreement entered into under subsection (a) of this section, an
organization may accept, receive, solicit, hold, administer,
and use any gift to further the purposes of this title. Any
moneys received as a gift shall be deposited and maintained in
the Fund established by the organization under subsection (a).
(c) Review of Performance.--The [Administrator] Secretary
shall conduct a continuing review of [the grant program] any
grant program administered by an organization under this
section. Each review shall include a written assessment
concerning the extent to which that organization has
implemented the goals and requirements of this section and the
national coral reef action strategy under section 203.
(d) Administration.--Under an agreement entered into
pursuant to subsection (a), the [Administrator] Secretary may
transfer funds appropriated to carry out this title to an
organization. Amounts received by an organization under this
subsection may be used for matching, in whole or in part,
contributions (whether in money, services, or property) made to
the organization by private persons and State and local
government agencies.
[SEC. 206. 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. 206. AGREEMENTS.
(a) In General.--The Secretary may execute and perform such
contracts, leases, grants, cooperative agreements, or other
transactions as may be necessary to carry out the purposes of
this title.
(b) Cooperative Agreements.--In addition to the general
authority provided by subsection (a), the Secretary may enter
into, extend, or renegotiate agreements with universities and
research centers with national or regional coral reef research
institutes to conduct ecological research and monitoring
explicitly aimed at building capacity for more effective
resource management. Pursuant to any such agreements these
institutes shall--
(1) collaborate directly with governmental resource
management agencies, non-profit organizations, and
other research organizations;
(2) build capacity within resource management
agencies to establish research priorities, plan
interdisciplinary research projects and make effective
use of research results; and
(3) conduct public education and awareness programs
for policy makers, resource managers, and the general
public on coral reef ecosystems, best practices for
coral reef and ecosystem management and conservation,
their value, and threats to their sustainability.
(c) Use of Other Agencies' Resources.--For purposes related
to the conservation, preservation, protection, restoration, or
replacement of coral reefs or coral reef ecosystems and the
enforcement of this title, the Secretary is authorized to use,
with their consent and with or without reimbursement, the land,
services, equipment, personnel, and facilities of any
Department, agency, or instrumentality of the United States, or
of any State, local government, tribal government, Territory or
possession, or of any political subdivision thereof, or of any
foreign government or international organization.
(d) Authority To Utilize Grant Funds.--
(1) Except as provided in paragraph (2), the
Secretary may apply for, accept, and obligate research
grant funding from any Federal source operating
competitive grant programs where such funding furthers
the purpose of this title.
(2) The Secretary may not apply for, accept, or
obligate any grant funding under paragraph (1) for
which the granting agency lacks authority to grant
funds to Federal agencies, or for any purpose or
subject to conditions that are prohibited by law or
regulation.
(3) Appropriated funds may be used to satisfy a
requirement to match grant funds with recipient agency
funds, except that no grant may be accepted that
requires a commitment in advance of appropriations.
(4) Funds received from grants shall be deposited
in the National Oceanic and Atmospheric Administration
account for the purpose for which the grant was
awarded.
(e) Transfer of Funds.--Under an agreement entered into
pursuant to subsection (a), and subject to the availability of
funds, the Secretary may transfer funds to, and may accept
transfers of funds from, Federal agencies, instrumentalities
and laboratories, State and local governments, Indian tribes
(as defined in section 4 of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450(b)), organizations
and associations representing Native Americans, native
Hawaiians, and Native Pacific Islanders, educational
institutions, nonprofit organizations, commercial
organizations, and other public and private persons or
entities, except that no more than 5 percent of funds
appropriated to carry out this section may be transferred. The
5 percent limitation shall not apply to section 204 or section
210.
[SEC. 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. 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. 208. NATIONAL PROGRAM.
(a) In General.--Subject to the availability of
appropriations, the Secretary may conduct activities, including
with local, State, regional, or international programs and
partners, as appropriate, to conserve coral reef ecosystems,
that are consistent with this title, the National Marine
Sanctuaries Act, the Coastal Zone Management Act of 1972, the
Magnuson-Stevens Fishery Conservation and Management Act, the
Endangered Species Act of 1973, and the Marine Mammal
Protection Act of 1972.
(b) Authorized Activities.--Activities authorized under
subsection (a) include--
(1) mapping, monitoring, assessment, restoration,
socioeconomic and scientific research that benefit the
understanding, sustainable use, biodiversity, and long-
term conservation of coral reef ecosystems;
(2) enhancing public awareness, education,
understanding, and appreciation of coral reef
ecosystems;
(3) removing, and providing assistance to States in
removing, abandoned fishing gear, marine debris, and
abandoned vessels from coral reef ecosystems to
conserve living marine resources;
(4) responding to incidents and events that
threaten and damage coral reef ecosystems;
(5) conservation and management of coral reef
ecosystems;
(6) centrally archiving, managing, and distributing
data sets and providing coral reef ecosystem
assessments and services to the general public with
local, regional, or international programs and
partners; and
(7) activities designed to prevent or minimize
damage to coral reef ecosystems, including those
activities described in section 212 of this title.
(c) Data Archive, Access, and Availability.--The Secretary,
in coordination with similar efforts at other Departments and
agencies shall provide for the long-term stewardship of
environmental data, products, and information via data
processing, storage, and archive facilities pursuant to this
title. The Secretary may--
(1) archive environmental data collected by
Federal, State, local agencies, and tribal
organizations and federally funded research;
(2) promote widespread availability and
dissemination of environmental data and information
through full and open access and exchange to the
greatest extent possible, including in electronic
format on the Internet;
(3) develop standards, protocols, and procedures
for sharing Federal data with State and local
government programs and the private sector or academia;
and
(4) develop metadata standards for coral reef
ecosystems in accordance with Federal Geographic Data
Committee guidelines.
(d) Emergency Response, Stabilization, and Restoration.--
(1) Establishment of account.--The Secretary shall
establish an account (to be called the Emergency
Response, Stabilization, and Restoration Account) in
the Damage Assessment Restoration Revolving Fund
established by the Department of Commerce
Appropriations Act, 1991 (33 U.S.C. 2706 note), for
implementation of this subsection for emergency
actions. Amounts appropriated for the Account under
section 219, and funds authorized by sections
213(d)(1)(C)(ii) and 214(f)(3)(B), shall be deposited
into the Account and made available for use by the
Secretary as specified in sections 213 and 214.
(2) Deposit and investment of certain funds.--Any
amounts received by the United States pursuant to
sections 213(d)(1)(C)(ii) and 214(f)(3)(B) shall be
deposited into the Emergency Response, Stabilization
and Restoration Account established under paragraph
(1). The Secretary of Commerce may request the
Secretary of the Treasury to invest such portion of the
Damage Assessment Restoration Revolving Fund as is not,
in the judgment of the Secretary of Commerce, required
to meet the current needs of the fund. Such investments
shall be made by the Secretary of the Treasury in
public debt securities, with maturities suitable to the
needs of the fund, as determined by the Secretary of
Commerce and bearing interest at rates determined by
the Secretary of the Treasury, taking into
consideration current market yields on outstanding
marketable obligations of the United States of
comparable maturity. Interest earned by such
investments shall be available for use by the Secretary
without further appropriation and remain available
until expended.
SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.
(a) International Coral Reef Conservation Activities.--
(1) In general.--The Secretary shall carry out
international coral reef conservation activities
consistent with the purposes of this Act with respect
to coral reef ecosystems in waters outside the United
States jurisdiction. The Secretary shall develop and
implement an international coral reef ecosystem
strategy pursuant to subsection (b).
(2) Coordination.--In carrying out this subsection,
the Secretary shall consult with the Secretary of
State, the Administrator of the Agency for
International Development, the Secretary of the
Interior, and other relevant Federal agencies, and
relevant United States stakeholders, and shall take
into account coral reef ecosystem conservation
initiatives of other nations, international agreements,
and intergovernmental and nongovernmental organizations
so as to provide effective cooperation and efficiencies
in international coral reef conservation. The Secretary
may consult with the Coral Reef Task Force in carrying
out this subsection.
(b) International Coral Reef Ecosystem Strategy.--
(1) In general.--Not later than 1 year after the
date of enactment of the Coral Reef Conservation
Amendments Act of 2011, the Secretary shall submit to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Natural Resources, and publish in the
Federal Register, an international coral reef ecosystem
strategy, consistent with the purposes of this Act and
the national strategy required pursuant to section
203(a). The Secretary shall periodically review and
revise this strategy as necessary.
(2) Contents.--The strategy developed by the
Secretary under paragraph (1) shall--
(A) identify coral reef ecosystems
throughout the world that are of high value for
United States marine resources, that support
high-seas resources of importance to the United
States such as fisheries, or that support other
interests of the United States;
(B) summarize existing activities by
Federal agencies and entities described in
subsection (a)(2) to address the conservation
of coral reef ecosystems identified pursuant to
subparagraph (A);
(C) establish goals, objectives, and
specific targets for conservation of priority
international coral reef ecosystems;
(D) describe appropriate activities to
achieve the goals and targets for international
coral reef conservation, in particular those
that leverage activities already conducted
under this Act;
(E) develop a plan to coordinate
implementation of the strategy with entities
described in subsection (a)(2) in order to
leverage current activities under this Act and
other conservation efforts globally;
(F) identify appropriate partnerships,
grants, or other funding and technical
assistance mechanisms to carry out the
strategy; and
(G) develop criteria for prioritizing
partnerships under subsection (c).
(c) International Coral Reef Ecosystem Partnerships.--
(1) In general.--The Secretary shall establish an
international coral reef ecosystem partnership program
to provide support, including funding and technical
assistance, for activities that implement the strategy
developed pursuant to subsection (b).
(2) Mechanisms.--The Secretary shall provide such
support through existing authorities, working in
collaboration with the entities described in subsection
(a)(2).
(3) Agreements.--The Secretary may execute and
perform such contracts, leases, grants, cooperative
agreements, or other transactions as may be necessary
to carry out the purposes of this section.
(4) Transfer of funds.--To implement this section
and subject to the availability of funds, the Secretary
may transfer funds to a foreign government or
international organization, and may accept transfers of
funds from such entities, except that no more than 5
percent of funds appropriated to carry out this section
may be transferred.
(5) Criteria for approval.--The Secretary may not
approve a partnership proposal under this section
unless the partnership is consistent with the
international coral reef conservation strategy
developed pursuant to subsection (b), and meets the
criteria specified in that strategy.
SEC. 210. COMMUNITY-BASED PLANNING GRANTS.
(a) In General.--The Secretary may make grants to entities
that have received grants under section 204 to provide
additional funds to such entities to work with local
communities and through appropriate Federal and State entities
to prepare and implement plans for the increased protection of
coral reef areas identified by the community and scientific
experts as high priorities for focused attention. The plans
shall--
(1) support attainment of 1 or more of the criteria
described in section 204(g);
(2) be developed at the community level;
(3) utilize watershed-based approaches;
(4) provide for coordination with Federal and State
experts and managers; and
(5) build upon local approaches, strategies, or
models, including traditional or island-based resource
management concepts.
(b) Terms and Conditions.--The provisions of subsections
(b), (d), (f), and (h) of section 204 apply to grants under
subsection (a), except that, for the purpose of applying
section 204(b)(1) to grants under this section, ``75 percent''
shall be substituted for ``50 percent''.
SEC. 211. VESSEL GROUNDING INVENTORY.
(a) In General.--The Secretary may maintain an inventory of
all vessel grounding incidents involving coral reefs, including
a description of--
(1) the impacts to affected coral reef ecosystems;
(2) vessel and ownership information, if available;
(3) the estimated cost of removal, mitigation, or
restoration;
(4) the response action taken by the owner, the
Secretary, the Commandant of the Coast Guard, or other
Federal or State agency representatives;
(5) the status of the response action, including
the dates of vessel removal and mitigation or
restoration and any actions taken to prevent future
grounding incidents; and
(6) recommendations for additional navigational
aids or other mechanisms for preventing future
grounding incidents.
(b) Identification of At-Risk Reefs.--The Secretary may--
(1) use information from any inventory maintained
under subsection (a) or any other available information
source to identify coral reef ecosystems that have a
high incidence of vessel impacts, including groundings
and anchor damage;
(2) identify appropriate measures, including the
acquisition and placement of aids to navigation,
moorings, designated anchorage areas, fixed anchors and
other devices, to reduce the likelihood of such
impacts; and
(3) develop a strategy and timetable to implement
such measures, including cooperative actions with other
government agencies and non-governmental partners.
SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.
(a) Provisions as Complementary.--The provisions of this
section are in addition to, and shall not affect the operation
of, other Federal, State, or local laws or regulations
providing protection to coral reef ecosystems.
(b) Destruction, Loss, Taking, or Injury.--
(1) In general.--Except as provided in paragraph
(2), it is unlawful for any person to destroy, take,
cause the loss of, or injure any coral reef or any
component thereof.
(2) Exceptions.--The destruction, loss, taking, or
injury of a coral reef or any component thereof is not
unlawful if it--
(A) was caused by the use of fishing gear
used in a manner permitted under the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) or other Federal or
State law;
(B) was caused by an activity that is
authorized or allowed by Federal or State law
(including lawful discharges from vessels, such
as graywater, cooling water, engine exhaust,
ballast water, or sewage from marine sanitation
devices), unless the destruction, loss, or
injury resulted from actions such as vessel
groundings, vessel scrapings, anchor damage,
excavation not authorized by Federal or State
permit, or other similar activities;
(C) was the necessary result of bona fide
marine scientific research (including marine
scientific research activities approved by
Federal, State, or local permits), other than
excessive sampling or collecting, or actions
such as vessel groundings, vessel scrapings,
anchor damage, excavation, or other similar
activities;
(D) was caused by a Federal Government
agency--
(i) during--
(I) an emergency that posed
an unacceptable threat to human
health or safety or to the
marine environment;
(II) an emergency that
posed a threat to national
security; or
(III) an activity necessary
for law enforcement or search
and rescue; and
could not reasonably be avoided; or
(E) was caused by an action taken by the
master of the vessel in an emergency situation
to ensure the safety of the vessel or to save a
life at sea.
(c) Interference With Enforcement.--It is unlawful for any
person to interfere with the enforcement of this title by--
(1) refusing to permit any officer authorized to
enforce this title to board a vessel (other than a
vessel operated by the Department of Defense or United
States Coast Guard) subject to such person's control
for the purposes of conducting any search or inspection
in connection with the enforcement of this title;
(2) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly
assaulting any person authorized by the Secretary to
implement this title or any such authorized officer in
the conduct of any search or inspection performed under
this title; or
(3) submitting false information to the Secretary
or any officer authorized to enforce this title in
connection with any search or inspection conducted
under this title.
(d) Violations of Title, Permit, or Regulation.--It is
unlawful for any person to violate any provision of this title,
any permit issued pursuant to this title, or any regulation
promulgated pursuant to this title.
(e) Possession and Distribution.--It is unlawful for any
person to possess, sell, deliver, carry, transport, or ship by
any means any coral taken in violation of this title.
SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.
(a) Liability.--
(1) Liability to the United States.--Except as
provided in subsection (f), all persons who engage in
an activity that is prohibited under subsections (b) or
(d) of section 212, or create an imminent risk thereof,
are liable, jointly and severally, to the United States
for an amount equal to the sum of--
(A) response costs and damages resulting
from the destruction, loss, taking, or injury,
or imminent risk thereof, including damages
resulting from the response actions;
(B) costs of seizure, forfeiture, storage,
and disposal arising from liability under this
section; and
(C) interest on that amount calculated in
the manner described in section 1005 of the Oil
Pollution Act of 1990 (33 U.S.C. 2705).
(2) Liability in rem.--
(A) Any vessel used in an activity that is
prohibited under subsection (b) or (d) of
section 212, or creates an imminent risk
thereof, shall be liable in rem to the United
States for an amount equal to the sum of--
(i) response costs and damages
resulting from such destruction, loss,
or injury, or imminent risk thereof,
including damages resulting from the
response actions;
(ii) costs of seizure, forfeiture,
storage, and disposal arising from
liability under this section; and
(iii) interest on that amount
calculated in the manner described in
section 1005 of the Oil Pollution Act
of 1990 (33 U.S.C. 2705).
(B) The amount of liability shall
constitute a maritime lien on the vessel and
may be recovered in an action in rem in any
district court of the United States that has
jurisdiction over the vessel.
(3) Defenses.--A person or vessel is not liable
under this subsection if that person or vessel
establishes that the destruction, loss, taking, or
injury was caused solely by an act of God, an act of
war, or an act or omission of a third party (other than
an employee or agent of the defendant or one whose act
or omission occurs in connection with a contractual
relationship, existing directly or indirectly with the
defendant), and the person or master of the vessel
acted with due care.
(4) No limit to liability.--Nothing in sections
30501 through 30512 or section 30706 of title 46,
United States Code, shall limit liability to any person
under this title.
(b) Response Actions and Damage Assessment.--
(1) Response actions.--The Secretary may undertake
or authorize all necessary actions to prevent or
minimize the destruction, loss, or taking of, or injury
to, coral reefs, or components thereof, or to minimize
the risk or imminent risk of such destruction, loss, or
injury.
(2) Damage assessment.--
(A) The Secretary shall assess damages (as
defined in section 221(8)) to coral reefs and
shall consult with State officials regarding
response and damage assessment actions
undertaken for coral reefs within State waters.
(B) There shall be no double recovery under
this chapter for coral reef damages, including
the cost of damage assessment, for the same
incident.
(c) Commencement of Civil Action for Response Costs and
Damages.--
(1) Commencement.--The Attorney General, upon the
request of the Secretary, may commence a civil action
against any person or vessel that may be liable under
subsection (a) of this section for response costs,
seizure, forfeiture, storage, or disposal costs, and
damages, and interest on that amount calculated in the
manner described in section 1005 of the Oil Pollution
Act of 1990 (33 U.S.C. 2705). The Secretary, acting as
trustee for coral reefs for the United States, shall
submit a request for such an action to the Attorney
General whenever a person or vessel may be liable for
such costs or damages.
(2) Venue in civil actions.--A civil action under
this title may be brought in the United States district
court for any district in which--
(A) the defendant is located, resides, or
is doing business, in the case of an action
against a person;
(B) the vessel is located, in the case of
an action against a vessel;
(C) the destruction, loss, or taking of, or
injury to a coral reef, or component thereof,
occurred or in which there is an imminent risk
of such destruction, loss, or injury; or
(D) where some or all of the coral reef or
component thereof that is the subject of the
action is not within the territory covered by
any United States district court, such action
may be brought either in the United States
district court for the district closest to the
location where the destruction, loss, injury,
or risk of injury occurred, or in the United
States District Court for the District of
Columbia.
(d) Use of Recovered Amounts.--
(1) In general.--Any costs, including response
costs and damages recovered by the Secretary under this
section shall--
(A) be deposited into an account or
accounts in the Damage Assessment Restoration
Revolving Fund established by the Department of
Commerce Appropriations Act, 1991 (33 U.S.C.
2706 note), or the Natural Resource Damage
Assessment and Restoration Fund established by
the Department of the Interior and Related
Agencies Appropriations Act, 1992 (43 U.S.C.
1474b), as appropriate given the location of
the violation;
(B) be available for use by the Secretary
without further appropriation and remain
available until expended; and
(C) be for use, as the Secretary considers
appropriate--
(i) to reimburse the Secretary or
any other Federal or State agency that
conducted activities under subsection
(a) or (b) of this section for costs
incurred in conducting the activity;
(ii) to be transferred to the
Emergency Response, Stabilization and
Restoration Account established under
section 208(d) to reimburse that
account for amounts used for authorized
emergency actions; and
(iii) after reimbursement of such
costs, to restore, replace, or acquire
the equivalent of any coral reefs, or
components thereof, including the
reasonable costs of monitoring, or to
minimize or prevent threats of
equivalent injury to, or destruction of
coral reefs, or components thereof.
(2) Restoration considerations.--In development of
restoration alternatives under paragraph (1)(C), the
Secretary shall consider State and territorial
preferences and, if appropriate, shall prioritize
restoration projects with geographic and ecological
linkages to the injured resources.
(e) Statute of Limitations.--An action for response costs
or damages under subsection (c) shall be barred unless the
complaint is filed within 3 years after the date on which the
Secretary completes a damage assessment and restoration plan
for the coral reefs, or components thereof, to which the action
relates.
(f) Federal Government Activities.--In the event of
threatened or actual destruction of, loss of, or injury to a
coral reef or component thereof resulting from an incident
caused by a component of any Department or agency of the United
States Government, the cognizant Department or agency shall
satisfy its obligations under this section by promptly, in
coordination with the Secretary, taking appropriate actions to
respond to and mitigate the harm and restoring or replacing the
coral reef or components thereof and reimbursing the Secretary
for all assessment costs.
(g) Uniformed Service Officers and Employees.--No officer
or employee of a uniformed service (as defined in section 101
of title 10, United States Code) shall be held liable under
this section, either in such officer's or employee's personal
or official capacity, for any violation of section 212
occurring during the performance of the officer's or employee's
official governmental duties.
(h) Contract Employees.--No contract employee of a
uniformed service (as so defined), serving as vessel master or
crew member, shall be liable under this section for any
violation of section 212 if that contract employee--
(1) is acting as a contract employee of a uniformed
service under the terms of an operating contract for a
vessel owned by a uniformed service, or a time charter
for pre-positioned vessels, special mission vessels, or
vessels exclusively transporting military supplies and
materials; and
(2) is engaged in an action or actions over which
such employee has been given no discretion (e.g.,
anchoring or mooring at one or more designated
anchorages or buoys, or executing specific operational
elements of a special mission activity), as determined
by the uniformed service controlling the contract.
SEC. 214. ENFORCEMENT.
(a) In General.--The Secretary shall conduct enforcement
activities to carry out this title.
(b) Powers of Authorized Officers.--
(1) In general.--Any person who is authorized to
enforce this title may--
(A) board, search, inspect, and seize any
vessel or other conveyance suspected of being
used to violate this title, any regulation
promulgated under this title, or any permit
issued under this title, and any equipment,
stores, and cargo of such vessel, except that
such authority shall not exist with respect to
vessels owned or time chartered by a uniformed
service (as defined in section 101 of title 10,
United States Code) as warships or naval
auxiliaries;
(B) seize wherever found any component of
coral reef taken or retained in violation of
this title, any regulation promulgated under
this title, or any permit issued under this
title;
(C) seize any evidence of a violation of
this title, any regulation promulgated under
this title, or any permit issued under this
title;
(D) execute any warrant or other process
issued by any court of competent jurisdiction;
(E) exercise any other lawful authority;
and
(F) arrest any person, if there is
reasonable cause to believe that such person
has committed an act prohibited by section 212.
(2) Naval auxiliary defined.--In this subsection,
the term ``naval auxiliary'' means a vessel, other than
a warship, that is owned by or under the exclusive
control of a uniformed service and used at the time of
the destruction, take, loss or injury for government,
non-commercial service, including combat logistics
force vessels, pre-positioned vessels, special mission
vessels, or vessels exclusively used to transport
military supplies and materials.
(c) Civil Enforcement and Permit Sanctions.--
(1) Civil administrative penalty.--Any person
subject to the jurisdiction of the United States who
violates this title or any regulation promulgated or
permit issued hereunder, shall be liable to the United
States for a civil administrative penalty of not more
than $200,000 for each such violation, to be assessed
by the Secretary. Each day of a continuing violation
shall constitute a separate violation. In determining
the amount of civil administrative penalty, the
Secretary shall take into account the nature,
circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the
degree of culpability, and any history of prior
violations, and such other matters as justice may
require. In assessing such penalty, the Secretary may
also consider information related to the ability of the
violator to pay.
(2) Permit sanctions.--For any person subject to
the jurisdiction of the United States who has been
issued or has applied for a permit under this title,
and who violates this title or any regulation or permit
issued under this title, the Secretary may deny,
suspend, amend, or revoke in whole or in part any such
permit. For any person who has failed to pay or
defaulted on a payment agreement of any civil penalty
or criminal fine or liability assessed pursuant to any
natural resource law administered by the Secretary, the
Secretary may deny, suspend, amend or revoke in whole
or in part any permit issued or applied for under this
title.
(3) Imposition of civil judicial penalties.--Any
person who violates any provision of this title, any
regulation promulgated or permit issued thereunder,
shall be subject to a civil judicial penalty not to
exceed $250,000 for each such violation. Each day of a
continuing violation shall constitute a separate
violation. The Attorney General, upon the request of
the Secretary, may commence a civil action in an
appropriate district court of the United States, and
such court shall have jurisdiction to award civil
penalties and such other relief as justice may require.
In determining the amount of a civil penalty, the court
shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of
culpability, any history of prior violations, and such
other matters as justice may require. In imposing such
penalty, the district court may also consider
information related to the ability of the violator to
pay.
(4) Notice.--No penalty or permit sanction shall be
assessed under this subsection until after the person
charged has been given notice and an opportunity for a
hearing.
(5) In rem jurisdiction.--A vessel used in
violating this title, any regulation promulgated under
this title, or any permit issued under this title,
shall be liable in rem for any civil penalty assessed
for such violation. Such penalty shall constitute a
maritime lien on the vessel and may be recovered in an
action in rem in the district court of the United
States having jurisdiction over the vessel.
(6) Collection of penalties.--If any person fails
to pay an assessment of a civil penalty under this
section after it has become a final and unappealable
order, or after the appropriate court has entered final
judgment in favor of the Secretary, the Secretary shall
refer the matter to the Attorney General, who shall
recover the amount assessed in any appropriate district
court of the United States (plus interest at current
prevailing rates from the date of the final order). In
such action, the validity and appropriateness of the
final order imposing the civil penalty shall not be
subject to review. Any person who fails to pay, on a
timely basis, the amount of an assessment of a civil
penalty shall be required to pay, in addition to such
amount and interest, attorney's fees and costs for
collection proceedings and a quarterly nonpayment
penalty for each quarter during which such failure to
pay persists. Such nonpayment penalty shall be in an
amount equal to 20 percent of the aggregate amount of
such person's penalties and nonpayment penalties that
are unpaid as of the beginning of such quarter.
(7) Compromise or other action by secretary.--The
Secretary may compromise, modify, or remit, with or
without conditions, any civil administrative penalty or
permit sanction which is or may be imposed under this
section and that has not been referred to the Attorney
General for further enforcement action.
(8) Jurisidiction.--The several district courts of
the United States shall have jurisdiction over any
actions brought by the United States arising under this
section. For the purpose of this section, American
Samoa shall be included within the judicial district of
the District Court of the United States for the
District of Hawaii. Each violation shall be a separate
offense and the offense shall be deemed to have been
committed not only in the district where the violation
first occurred, but also in any other district as
authorized by law.
(d) Forfeiture.--
(1) Criminal forfeiture.--A person who is convicted
of an offense in violation of this title shall forfeit
to the United States--
(A) any property, real or personal,
constituting or traceable to the gross proceeds
taken, obtained, or retained, in connection
with or as a result of the offense, including,
without limitation, any coral reef or coral
reef component (or the fair market value
thereof); and
(B) any property, real or personal, used or
intended to be used, in any manner, to commit
or facilitate the commission of the offense,
including, without limitation, any vessel
(including the vessel's equipment, stores,
catch and cargo), vehicle, aircraft, or other
means of transportation.
Pursuant to section 2461(c) of title 28, United States
Code, the provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853) other than subsection
(d) thereof shall apply to criminal forfeitures under
this section.
(2) Civil forfeiture.--The property set forth below
shall be subject to forfeiture to the United States in
accordance with the provisions of chapter 46 of title
18, United States Code, and no property right shall
exist in it:
(A) Any property, real or personal,
constituting or traceable to the gross proceeds
taken, obtained, or retained, in connection
with or as a result of a violation of this
title, including, without limitation, any coral
reef or coral reef component (or the fair
market value thereof).
(B) Any property, real or personal, used or
intended to be used, in any manner, to commit
or facilitate the commission of a violation of
this title, including, without limitation, any
vessel (including the vessel's equipment,
stores, catch and cargo), vehicle, aircraft, or
other means of transportation.
(3) Application of the customs laws.--All
provisions of law relating to seizure, summary
judgment, and judicial forfeiture and condemnation for
violation of the customs laws, the disposition of the
property forfeited or condemned or the proceeds from
the sale thereof, the remission or mitigation of such
forfeitures, and the compromise of claims shall apply
to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this title,
insofar as applicable and not inconsistent with the
provisions hereof. For seizures and forfeitures of
property under this section by the Secretary, such
duties as are imposed upon the customs officer or any
other person with respect to the seizure and forfeiture
of property under the customs law may be performed by
such officers as are designated by the Secretary or,
upon request of the Secretary, by any other agency that
has authority to manage and dispose of seized property.
(4) Presumption.--For the purposes of this section
there is a rebuttable presumption that all coral reefs,
or components thereof, found on board a vessel that is
used or seized in connection with a violation of this
title or of any regulation promulgated under this title
were taken, obtained, or retained in violation of this
title or of a regulation promulgated under this title.
(e) Payment of Storage, Care, and Other Costs.--Any person
assessed a civil penalty for a violation of this title or of
any regulation promulgated under this title and any claimant in
a forfeiture action brought for such a violation, shall be
liable for the reasonable costs incurred by the Secretary in
storage, care, and maintenance of any property seized in
connection with the violation.
(f) Expenditures.--
(1) Notwithstanding section 3302 of title 31,
United States Code, or section 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1861), amounts received by the United States as
civil penalties under subsection (c) of this section,
forfeitures of property under subsection (d) of this
section, and costs imposed under subsection (e) of this
section, shall--
(A) be placed into an account;
(B) be available for use by the Secretary
without further appropriation; and
(C) remain available until expended.
(2) Amounts received under this section for
forfeitures under subsection (d) and costs imposed
under subsection (e) shall be used to pay the
reasonable and necessary costs incurred by the
Secretary to provide temporary storage, care,
maintenance, and disposal of any property seized in
connection with a violation of this title or any
regulation promulgated under this title.
(3) Amounts received under this section as civil
penalties under subsection (c) of this section and any
amounts remaining after the operation of paragraph (2)
of this subsection shall--
(A) be used to stabilize, restore, or
otherwise manage the coral reef with respect to
which the violation occurred that resulted in
the penalty or forfeiture;
(B) be transferred to the Emergency
Response, Stabilization, and Restoration
Account established under section 208(d) or an
account described in section 213(d)(1) of this
title, to reimburse such account for amounts
used for authorized emergency actions;
(C) be used to conduct monitoring and
enforcement activities;
(D) be used to conduct research on
techniques to stabilize and restore coral
reefs;
(E) be used to conduct activities that
prevent or reduce the likelihood of future
damage to coral reefs;
(F) be used to stabilize, restore or
otherwise manage any other coral reef; or
(G) be used to pay a reward to any person
who furnishes information leading to an
assessment of a civil penalty, or to a
forfeiture of property, for a violation of this
title or any regulation promulgated under this
title.
(g) Criminal Enforcement.--
(1) Any person (other than a foreign government or
any entity of such government) who knowingly commits
any act prohibited by section 212(c) of this title
shall be imprisoned for not more than 5 years and shall
be fined not more than $500,000 for individuals or
$1,000,000 for an organization; except that if in the
commission of any such offense the individual uses a
dangerous weapon, engages in conduct that causes bodily
injury to any officer authorized to enforce the
provisions of this title, or places any such officer in
fear of imminent bodily injury, the maximum term of
imprisonment is not more than 10 years.
(2) Any person (other than a foreign government or
any entity of such government) who knowingly violates
subsection (b), (d), or (e) of section 212 shall be
fined under title 18, United States Code, or imprisoned
not more than 5 years or both.
(3) Any person (other than a foreign government or
any entity of such government) who violates subsection
(b), (d), or (e) of section 212, and who, in the
exercise of due care should know that such person's
conduct violates subsection (b), (d), or (e) of section
212, shall be fined under title 18, United States Code,
or imprisoned not more than 1 year, or both.
(4) The several district courts of the United
States shall have jurisdiction over any actions brought
by the United States arising under this subsection. For
the purpose of this subsection, American Samoa shall be
included within the judicial district of the District
Court of the United States for the District of Hawaii.
Each violation shall be a separate offense and the
offense shall be deemed to have been committed not only
in the district where the violation first occurred, but
also in any other district as authorized by law. Any
offenses not committed in any district are subject to
the venue provisions of section 3238 of title 18,
United States Code.
(h) Subpoenas.--In the case of any investigation or hearing
under this section or any other natural resource statute
administered by the National Oceanic and Atmospheric
Administration which is determined on the record in accordance
with the procedures provided for under section 554 of title 5,
United States Code, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, electronic files, and documents, and
may administer oaths.
(i) Coast Guard Authority Not Limited.--Nothing in this
section shall be considered to limit the authority of the Coast
Guard to enforce this or any other Federal law under section 89
of title 14, United States Code.
(j) Injunctive Relief.--
(1) If the Secretary determines that there is an
imminent risk of destruction or loss of or injury to a
coral reef, or that there has been actual destruction
or loss of, or injury to, a coral reef which may give
rise to liability under section 213 of this title, the
Attorney General, upon request of the Secretary, shall
seek to obtain such relief as may be necessary to abate
such risk or actual destruction, loss, or injury, or to
restore or replace the coral reef, or both. The
district courts of the United States shall have
jurisdiction in such a case to order such relief as the
public interest and the equities of the case may
require.
(2) Upon the request of the Secretary, the Attorney
General may seek to enjoin any person who is alleged to
be in violation of any provision of this title, or any
regulation or permit issued under this title, and the
district courts shall have jurisdiction to grant such
relief.
(k) Area of Application and Enforceability.--The area of
application and enforceability of this title includes the
internal waters of the United States, the territorial sea of
the United States, as described in Presidential Proclamation
5928 of December 27, 1988, the Exclusive Economic Zone of the
United States as described in Presidential Proclamation 5030 of
March 10, 1983, and the continental shelf, consistent with
international law.
(l) Nationwide Service of Process.--In any action by the
United States under this title, process may be served in any
district where the defendant is found, resides, transacts
business, or has appointed an agent for the service of process,
and for civil cases may also be served in a place not within
the United States in accordance with rule 4 of the Federal
Rules of Civil Procedure.
(m) Venue in Civil Actions.--A civil action under this
title may be brought in the United States district court for
any district in which--
(1) the defendant is located, resides, or is doing
business, in the case of an action against a person;
(2) the vessel is located, in the case of an action
against a vessel;
(3) the destruction of, loss of, or injury to a
coral reef, or component thereof, occurred or in which
there is an imminent risk of such destruction, loss, or
injury; or
(4) where some or all of the coral reef or
component thereof that is the subject of the action is
not within the territory covered by any United States
district court, such action may be brought either in
the United States district court for the district
closest to the location where the destruction, loss,
injury, or risk of injury occurred, or in the United
States District Court for the District of Columbia.
(n) Uniformed Service Officers and Employees.--No officer
or employee of a uniformed service (as defined in section 101
of title 10, United States Code) shall be held liable under
this section, either in such officer's or employee's personal
or official capacity, for any violation of section 212
occurring during the performance of the officer's or employee's
official governmental duties.
(o) Contract Employees.--No contract employee of a
uniformed service (as so defined), serving as vessel master or
crew member, shall be liable under this section for any
violation of section 212 if that contract employee--
(1) is acting as a contract employee of a uniformed
service under the terms of an operating contract for a
vessel owned by a uniformed service, or a time charter
for pre-positioned vessels, special mission vessels, or
vessels exclusively transporting military supplies and
materials; and
(2) is engaged in an action or actions over which
such employee has been given no discretion (e.g.,
anchoring or mooring at one or more designated
anchorages or buoys, or executing specific operational
elements of a special mission activity), as determined
by the uniformed service controlling the contract.
SEC. 215. PERMITS.
(a) In General.--The Secretary may allow for the conduct
of--
(1) bona fide research, and
(2) activities that would otherwise be prohibited
by this title or regulations issued thereunder, through
issuance of coral reef conservation permits in
accordance with regulations issued under this title.
(b) Limitation of Non-Research Activities.--The Secretary
may not issue a permit for activities other than for bona fide
research unless the Secretary finds--
(1) the activity proposed to be conducted is
compatible with one or more of the purposes in section
202(b) of this title;
(2) the activity conforms to the provisions of all
other laws and regulations applicable to the area for
which such permit is to be issued; and
(3) there is no practicable alternative to
conducting the activity in a manner that destroys,
causes the loss of, or injures any coral reef or any
component thereof.
(c) Terms and Conditions.--The Secretary may place any
terms and conditions on a permit issued under this section that
the Secretary deems reasonable.
(d) Fees.--
(1) Assessment and collection.--Subject to
regulations issued under this title, the Secretary may
assess and collect fees as specified in this
subsection.
(2) Amount.--Any fee assessed shall be equal to the
sum of--
(A) all costs incurred, or expected to be
incurred, by the Secretary in processing the
permit application, including indirect costs;
and
(B) if the permit is approved, all costs
incurred, or expected to be incurred, by the
Secretary as a direct result of the conduct of
the activity for which the permit is issued,
including costs of monitoring the conduct of
the activity and educating the public about the
activity and coral reef resources related to
the activity.
(3) Use of fees.--Amounts collected by the
Secretary in the form of fees under this section shall
be collected and available for use only to the extent
provided in advance in appropriations Acts and may be
used by the Secretary for issuing and administering
permits under this section.
(4) Waiver or reduction of fees.--For any fee
assessed under paragraph (2) of this subsection, the
Secretary may--
(A) accept in-kind contributions in lieu of
a fee; or
(B) waive or reduce the fee.
(e) Fishing.--Nothing in this section shall be considered
to require a person to obtain a permit under this section for
the conduct of any fishing activities not prohibited by this
title or regulations issued thereunder.`
SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
(a) Regional Coordination.--The Secretary and other Federal
members of the Coral Reef Task Force shall work in coordination
and collaboration with other Federal agencies, States, and
United States territorial governments to implement the
strategies developed under section 203, including regional and
local strategies, to address multiple threats to coral reefs
and coral reef ecosystems.
(b) Response and Restoration Activities.--The Secretary
shall enter into written agreements with any States in which
coral reefs are located regarding the manner in which response
and restoration activities will be conducted within the
affected State's waters. Nothing in this subsection shall be
construed to limit Federal response and restoration activity
authority before any such agreement is final.
(c) Cooperative Enforcement Agreements.--All cooperative
enforcement agreements in place between the Secretary and
States affected by this title shall be updated to include
enforcement of this title where appropriate.
SEC. 217. REGULATIONS.
The Secretary may issue such regulations as are necessary
and appropriate to carry out the purposes of this title. This
title and any regulations promulgated under this title shall be
applied in accordance with international law. No restrictions
shall apply to or be enforced against a person who is not a
citizen, national, or resident alien of the United States
(including foreign flag vessels) unless in accordance with
international law.
[SEC. 208. EFFECTIVENESS REPORTS.
[16 U.S.C. 6407]
[(a) Grant Program.--Not later than 3 years after the date
of the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of
Representatives a report that documents the effectiveness of
the grant program under section 204 in meeting the purposes of
this title. The report shall include a State-by-State summary
of Federal and non-Federal contributions toward the costs of
each project.
[(b) National Program.--Not later than 2 years after the
date on which the Administrator publishes the national coral
reef strategy under section 203 and every 2 years thereafter,
the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing
all activities undertaken to implement that strategy, under
section 203, including a description of the funds obligated
each fiscal year to advance coral reef conservation.]
SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.
(a) Effectiveness Report.--Not later than March 1, 2010,
and every 3 years thereafter, the Secretary shall submit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Natural Resources a
report describing all activities undertaken to implement the
strategy, including--
(1) a description of the funds obligated by each
participating Federal agency to advance coral reef
conservation during each of the 3 fiscal years next
preceding the fiscal year in which the report is
submitted;
(2) a description of Federal interagency and
cooperative efforts with States and United States
territories to prevent or address overharvesting,
coastal runoff, or other anthropogenic impacts on coral
reefs, including projects undertaken with the
Department of Interior, Department of Agriculture, the
Environmental Protection Agency, and the United States
Army Corps of Engineers;
(3) a summary of the information contained in the
vessel grounding inventory established under section
210, including additional authorization or funding,
needed for response and removal of such vessels; and
(4) a description of Federal disaster response
actions taken pursuant to the National Response Plan to
address damage to coral reefs and coral reef
ecosystems.
(b) Assessment Report.--Not later than March 1, 2013, and
every 5 years thereafter, the Secretary will submit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Natural Resources an
assessment of the conditions of U.S. coral reefs,
accomplishments under this Act, and the effectiveness of
management actions to address threats to coral reefs.
[SEC. 209.] SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out this title [$16,000,000 for each of
fiscal years 2001, 2002, 2003, and 2004,] $34,000,000 for
fiscal year 2012, $36,000,000 for fiscal year 2013, $38,000,000
for fiscal year 2014, and $40,000,000 for each of fiscal years
2015 through 2016, of which no less than 24 percent per year
(for each of fiscal years 2012 through 2016) shall be used for
the grant program under section 204, no less than 6 percent
shall be used for Fishery Management Councils, and up to 10
percent per year shall be used for the Fund established under
section 205(a), 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 are authorized
to be appropriated to the Secretary to carry out section 210
$10,000,000 for fiscal years 2012 through 2016, to remain
available until expended.
[(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 $8,000,000 for each of fiscal years 2012 through
2016, to remain available until expended.
SEC. 220. JUDICIAL REVIEW.
(a) In General.--Chapter 7 of title 5, United States Code,
is not applicable to any action taken by the Secretary under
this title, except that--
(1) review of any final agency action of the
Secretary taken pursuant to sections 214(c)(1) and
214(c)(2) may be had only by the filing of a complaint
by an interested person in the United States District
Court for the appropriate district; any such complaint
must be filed within 30 days of the date such final
agency action is taken; and
(2) review of any final agency action of the
Secretary taken pursuant to section 215 may be had by
the filing of a petition for review by an interested
person in the Circuit Court of Appeals of the United
States for the federal judicial district in which such
person resides or transact business which is directly
affected by the action taken; such petition shall be
filed within 120 days from the date such final agency
action is taken.
(b) No Review in Enforcement Proceedings.--Final agency
action with respect to which review could have been obtained
under subsection (a)(2) shall not be subject to judicial review
in any civil or criminal proceeding for enforcement.
(c) Cost of Litigation.--In any judicial proceeding under
subsection (a), the court may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing party whenever it determines that such award is
appropriate.
[SEC. 210. DEFINITIONS.
[16 U.S.C. 6409]
[In this title:
[(1) Administrator.--The term ``Administrator''
means the Administrator of the National Oceanic and
Atmospheric Administration.
[(2) Conservation.--The term ``conservation'' means
the use of methods and procedures necessary to preserve
or sustain corals and associated species as diverse,
viable, and self-perpetuating coral reef ecosystems,
including all activities associated with resource
management, such as assessment, conservation,
protection, restoration, sustainable use, and
management of habitat; mapping; habitat monitoring;
assistance in the development of management strategies
for marine protected areas and marine resources
consistent with the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.); law enforcement; conflict resolution
initiatives; community outreach and education; and that
promote safe and ecologically sound navigation.
[(3) Coral.--The term ``coral'' means species of
the phylum Cnidaria, including--
[(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), Alcyanacea (soft
corals), and Coenothecalia (blue coral), of the
class Anthozoa; and
[(B) all species of the order
Hydrocorallina (fire corals and hydrocorals) of
the class Hydrozoa.
[(4) Coral reef.--The term ``coral reef'' means any
reefs or shoals composed primarily of corals.
[(5) Coral reef ecosystem.--The term ``coral reef
ecosystem'' means coral and other species of reef
organisms (including reef plants) associated with coral
reefs, and the nonliving environmental factors that
directly affect coral reefs, that together function as
an ecological unit in nature.
[(6) Coral products.--The term ``coral products''
means any living or dead specimens, parts, or
derivatives, or any product containing specimens,
parts, or derivatives, of any species referred to in
paragraph (3).
[(7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
[(8) State.--The term ``State'' means any State of
the United States that contains a coral reef ecosystem
within its seaward boundaries, American Samoa, Guam,
the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands, and any other territory or possession
of the United States, or separate sovereign in free
association with the United States, that contains a
coral reef ecosystem within its seaward boundaries.]
SEC. 221. DEFINITIONS.
In this title:
(1) Biodiversity.--The term ``biodiversity'' means
the variability among living organisms from all sources
including, inter alia, terrestrial, marine, and other
aquatic ecosystems and the ecological complexes of
which they are part, including diversity within
species, between species, and of ecosystems.
(2) Bona fide research.--The term ``bona fide
research'' means scientific research on corals, the
results of which are likely--
(A) to be eligible for publication in a
referred scientific journal;
(B) to contribute to the basic knowledge of
coral biology or ecology; or
(C) to identify, evaluate, or resolve
conservation problems.
(3) Coral.--The term ``coral'' means species of the
phylum Cnidaria, including--
(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), Alcyonacea (soft
corals), and Helioporacea (blue coral) of the
class Anthozoa; and
(B) all species of the families
Milleporidea (fire corals) and Stylasteridae
(stylasterid hydrocorals) of the class
Hydrozoa.
(4) Coral reef.--The term ``coral reef'' means
limestone structures composed in whole or in part of
living corals, as described in paragraph (3), their
skeletal remains, or both, and including other corals,
associated sessile invertebrates and plants, and
associated seagrasses.
(5) Coral reef component.--The term ``coral reef
component'' means any part of a coral reef, including
individual living or dead corals, associated sessile
invertebrates and plants, and any adjacent or
associated seagrasses.
(6) Coral reef ecosystem.--The term ``coral reef
ecosystem'' means the system of coral reefs and
geographically associated species, habitats, and
environment, including any adjacent or associated
mangroves and seagrass habitats, and the processes that
control its dynamics.
(7) Coral products.--The term ``coral products''
means any living or dead specimens, parts, or
derivatives, or any product containing specimens,
parts, or derivatives, of any species referred to in
paragraph (3).
(8) Damages.--The term ``damages'' includes--
(A) compensation for--
(i) the cost of replacing,
restoring, or acquiring the equivalent
of the coral reef, or component
thereof; and
(ii) the lost services of, or the
value of the lost use of, the coral
reef or component thereof, or the cost
of activities to minimize or prevent
threats of, equivalent injury to, or
destruction of coral reefs or
components thereof, pending restoration
or replacement or the acquisition of an
equivalent coral reef or component
thereof;
(B) the reasonable cost of damage
assessments under section 213;
(C) the reasonable costs incurred by the
Secretary in implementing section 208(d);
(D) the reasonable cost of monitoring
appropriate to the injured, restored, or
replaced resources;
(E) the reasonable cost of curation,
conservation and loss of contextual information
of any coral encrusted archaeological,
historical, and cultural resource;
(F) the cost of legal actions under section
213, undertaken by the United States,
associated with the destruction or loss of, or
injury to, a coral reef or component thereof,
including the costs of attorney time and expert
witness fees; and
(G) the indirect costs associated with the
costs listed in subparagraphs (A) through (F)
of this paragraph.
(9) Emergency actions.--The term ``emergency
actions'' means all necessary actions to prevent or
minimize the additional destruction or loss of, or
injury to, coral reefs or components thereof, or to
minimize the risk of such additional destruction, loss,
or injury.
(10) Exclusive economic zone.--The term ``Exclusive
Economic Zone'' means the waters of the Exclusive
Economic Zone of the United States under Presidential
Proclamation 5030, dated March 10, 1983.
(11) Person.--The term ``person'' means any
individual, private or public corporation, partnership,
trust, institution, association, or any other public or
private entity, whether foreign or domestic, private
person or entity, or any officer, employee, agent,
Department, agency, or instrumentality of the Federal
Government, of any State or local unit of government,
or of any foreign government.
(12) Response costs.--The term ``response costs''
means the costs of actions taken or authorized by the
Secretary to minimize destruction or loss of, or injury
to, a coral reef, or component thereof, or to minimize
the imminent risks of such destruction, loss, or
injury, including costs related to seizure, forfeiture,
storage, or disposal arising from liability under
section 213.
(13) Secretary.--The term ``Secretary'' means--
(A) for purposes of sections 201 through
211, sections 218 through 220 (except as
otherwise provided in subparagraph (B)), and
the other paragraphs of this section, the
Secretary of Commerce, acting through the
Administrator of the National Oceanic and
Atmospheric Administration; and
(B) for purposes of sections 212 through
220--
(i) the Secretary of the Interior
for any coral reef or component thereof
located in (I) the National Wildlife
Refuge System, (II) the National Park
System, and (III) the waters
surrounding Wake Island under the
jurisdiction of the Secretary of the
Interior, as set forth in Executive
Order 11048 (27 Fed. Reg. 8851
(September 4, 1962)); or
(ii) the Secretary of Commerce for
any coral reef or component thereof
located in any area not described in
clause (i).
(14) Service.--The term ``service'' means
functions, ecological or otherwise, performed by a
coral reef or component thereof.
(15) State.--The term ``State'' means any State of
the United States that contains a coral reef ecosystem
within its seaward boundaries, American Samoa, Guam,
the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands, and any other territory or possession
of the United States, or separate sovereign in free
association with the United States, that contains a
coral reef ecosystem within its seaward boundaries.
(16) Territorial sea.--The term ``Territorial Sea''
means the waters of the Territorial Sea of the United
States under Presidential Proclamation 5928, dated
December 27, 1988.