[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 839 Reported in Senate (RS)]
Calendar No. 370
113th CONGRESS
2d Session
S. 839
[Report No. 113-156]
To reauthorize the Coral Reef Conservation Act of 2000, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2013
Mr. Nelson (for himself, Mr. Rockefeller, Mr. Schatz, and Ms. Hirono)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
May 5, 2014
Reported by Mr. Rockefeller, without amendment
_______________________________________________________________________
A BILL
To reauthorize the Coral Reef Conservation Act of 2000, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coral Reef
Conservation Amendments Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 3. Purposes.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements; redesignations.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Study of trade in corals.
Sec. 11. International coral reef conservation activities.
Sec. 12. Community-based planning grants.
Sec. 13. Vessel grounding inventory.
Sec. 14. Prohibited activities.
Sec. 15. Destruction of coral reefs.
Sec. 16. Enforcement.
Sec. 17. Permits.
Sec. 18. Regional, State, and territorial coordination.
Sec. 19. Regulations.
Sec. 20. Effectiveness and assessment report.
Sec. 21. Authorization of appropriations.
Sec. 22. Judicial review.
Sec. 23. Definitions.
SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to or repeal
of a section or other provision, the reference shall be considered to
be made to a section or other provision of the Coral Reef Conservation
Act of 2000 (16 U.S.C. 6401 et seq.).
SEC. 3. PURPOSES.
Section 202 (16 U.S.C. 6401) is amended to read as follows:
``SEC. 202. PURPOSES.
``The purposes of this 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, the Nation,
and the world;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to such
ecosystems;
``(4) to assist in the preservation of coral reef
ecosystems by supporting conservation programs, including
projects that involve affected local communities and
nongovernmental organizations;
``(5) to provide financial resources for those programs and
projects;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects; and
``(7) to provide mechanisms to prevent and minimize damage
to coral reefs.''.
SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.
Section 203 (16 U.S.C. 6402) is amended to read as follows:
``SEC. 203. NATIONAL CORAL REEF ECOSYSTEM ACTION STRATEGY.
``(a) In General.--Not later than 180 days after the date of the
enactment of the Coral Reef Conservation Amendments Act of 2013, 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 strategy, the Secretary may consult
the Coral Reef Task Force established under Executive Order 13089 (June
11, 1998).
``(b) Goals and Objectives.--The action strategy shall include a
statement of goals and objectives as well as an implementation plan,
including a description of the funds obligated each fiscal year to
advance coral reef conservation. The action strategy and implementation
plan shall include discussion of--
``(1) coastal uses and management, including land-based
sources of pollution;
``(2) climate change;
``(3) water and air quality;
``(4) mapping and information management;
``(5) research, monitoring, and assessment;
``(6) international and regional issues;
``(7) outreach and education;
``(8) local strategies developed by the States or Federal
agencies, including regional fishery management councils; and
``(9) conservation.''.
SEC. 5. CORAL REEF CONSERVATION PROGRAM.
(a) In General.--Section 204 (16 U.S.C. 6403) is amended--
(1) by striking ``Secretary, through the Administrator
and'' in subsection (a) and inserting ``Secretary,'';
(2) by striking subsection (c) and inserting the following:
``(c) Eligibility.--Any natural resource management authority of a
State or other government authority with jurisdiction over coral reef
ecosystems, or whose activities directly or indirectly affect coral
reef ecosystems, or educational or nongovernmental institutions with
demonstrated expertise in the conservation of coral reef ecosystems,
may submit a coral conservation project proposal to the Secretary under
subsection (e).'';
(3) by striking ``Geographic and Biological'' in the
heading for subsection (d) and inserting ``Project'';
(4) by striking paragraph (3) of subsection (d) and
inserting the following:
``(3) Remaining funds shall be awarded for--
``(A) projects (with priority given to community-
based local action strategies) that address emerging
priorities or threats, including international and
territorial priorities, or threats identified by the
Secretary; and
``(B) other appropriate projects, as determined by
the Secretary, including monitoring and assessment,
research, pollution reduction, education, and technical
support.'';
(5) by striking subsection (g) and inserting the following:
``(g) Criteria for Approval.--The Secretary may not approve a
project proposal under this section unless the project is consistent
with the coral reef ecosystem 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 ecosystems.''; and
(6) by striking ``coral reefs'' in subsection (j) and
inserting ``coral reef ecosystems''.
(b) Conforming Amendments.--Subsections (a), (b), (d), (e), (f),
(h), (i), and (j) of section 204 (16 U.S.C. 6403) are each amended by
striking ``Administrator'' each place it appears and inserting
``Secretary''.
SEC. 6. CORAL REEF CONSERVATION FUND.
Section 205 (16 U.S.C. 6404) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Fund.--The Secretary may enter into agreements with nonprofit
organizations promoting coral reef ecosystem conservation by
authorizing such organizations to receive, hold, and administer funds
received pursuant to this section. Such organizations shall invest,
reinvest, and otherwise administer the funds and maintain such funds
and any interest or revenues earned in a separate interest-bearing
account (referred to in section 219(a) as the Fund) established by such
organizations solely to support partnerships between the public and
private sectors that further the purposes of this title and are
consistent with the national coral reef ecosystem action strategy under
section 203.'';
(2) by striking ``the grant program'' in subsection (c) and
inserting ``any grant program''; and
(3) by striking ``Administrator'' in subsections (c) and
(d) and inserting ``Secretary''.
SEC. 7. AGREEMENTS; REDESIGNATIONS.
The Act (16 U.S.C. 6401 et seq.) is amended--
(1) by redesignating section 206 (16 U.S.C. 6405) as
section 207;
(2) by redesignating section 207 (16 U.S.C. 6406) as
section 208;
(3) by redesignating section 208 (16 U.S.C. 6407) as
section 218;
(4) by redesignating section 209 (16 U.S.C. 6408) as
section 219;
(5) by redesignating section 210 (16 U.S.C. 6409) as
section 221; and
(6) by inserting after section 205 (16 U.S.C. 6404) the
following:
``SEC. 206. AGREEMENTS.
``(a) In General.--The Secretary may execute and perform such
contracts, leases, grants, cooperative agreements, or other
transactions as may be necessary to carry out the purposes of this
title.
``(b) Cooperative Agreements.--In addition to the general authority
provided by subsection (a), the Secretary may enter into, extend, or
renegotiate agreements with universities and research centers with
national or regional coral reef research institutes to conduct
ecological research and monitoring explicitly aimed at building
capacity for more effective resource management. Pursuant to any such
agreements these institutes shall--
``(1) collaborate directly with governmental resource
management agencies, non-profit organizations, and other
research organizations;
``(2) build capacity within resource management agencies to
establish research priorities, plan interdisciplinary research
projects, and make effective use of research results; and
``(3) conduct public education and awareness programs for
policy makers, resource managers, and the general public on
coral reef ecosystems, best practices for coral reef and
ecosystem management and conservation, their value, and threats
to their sustainability.
``(c) Use of Other Agencies' Resources.--For purposes related to
the conservation, preservation, protection, restoration, or replacement
of coral reefs or coral reef ecosystems and the enforcement of this
title, the Secretary is authorized to use, with their consent and with
or without reimbursement, the land, services, equipment, personnel, and
facilities of any Department, agency, or instrumentality of the United
States, or of any State, local government, tribal government, Territory
or possession, or of any political subdivision thereof, or of any
foreign government or international organization.
``(d) Authority To Utilize Grant Funds.--
``(1) In general.--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) Exception.--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) Grant funds.--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) NOAA account.--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 Education Assistance Act (25 U.S.C. 450b)),
organizations and associations representing Native Americans, native
Hawaiians, and Native Pacific Islanders, educational institutions,
nonprofit organizations, commercial organizations, and other public and
private persons or entities, except that no more than 5 percent of
funds appropriated to carry out this section may be transferred. The 5
percent limitation shall not apply to section 204 or section 210.''.
SEC. 8. EMERGENCY ASSISTANCE.
Section 207 (formerly 16 U.S.C. 6405), as redesignated by section 7
of this Act, is amended to read as follows:
``SEC. 207. EMERGENCY ASSISTANCE.
``The Secretary, in cooperation with the Federal Emergency
Management Agency, as appropriate, may provide assistance to any State,
local, or territorial government agency with jurisdiction over coral
reef ecosystems to address any unforeseen or disaster-related
circumstance pertaining to coral reef ecosystems.''.
SEC. 9. NATIONAL PROGRAM.
Section 208 (formerly 16 U.S.C. 6406), as redesignated by section 7
of this Act, is amended to read as follows:
``SEC. 208. NATIONAL PROGRAM.
``(a) In General.--Subject to the availability of appropriations,
the Secretary may conduct activities, including with local, State,
regional, or international programs and partners, as appropriate, to
conserve coral reef ecosystems, that are consistent with this title,
the National Marine Sanctuaries Act, the Coastal Zone Management Act of
1972, the Magnuson-Stevens Fishery Conservation and Management Act, the
Endangered Species Act of 1973, and the Marine Mammal Protection Act of
1972.
``(b) Authorized Activities.--Activities authorized under
subsection (a) include--
``(1) mapping, monitoring, assessment, restoration,
socioeconomic and scientific research that benefit the
understanding, sustainable use, biodiversity, and long-term
conservation of coral reef ecosystems;
``(2) enhancing public awareness, education, understanding,
and appreciation of coral reef ecosystems;
``(3) removing, and providing assistance to States in
removing, abandoned fishing gear, marine debris, and abandoned
vessels from coral reef ecosystems to conserve living marine
resources;
``(4) responding to incidents and events that threaten and
damage coral reef ecosystems;
``(5) conservation and management of coral reef ecosystems;
``(6) centrally archiving, managing, and distributing data
sets and providing coral reef ecosystem assessments and
services to the general public with local, regional, or
international programs and partners; and
``(7) activities designed to prevent or minimize damage to
coral reef ecosystems, including those activities described in
section 212(b)(2) 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 of Commerce without further appropriation and
remain available until expended.''.
SEC. 10. STUDY OF TRADE IN CORALS.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of the Interior, shall conduct a study on the economic,
social, and environmental values and impacts of the United States
market in corals and coral products.
(b) Contents.--The study shall--
(1) assess the economic and other values of the United
States market in coral and coral products, including import and
export trade;
(2) identify primary coral species used in the coral and
coral product trade and locations of wild harvest;
(3) assess the environmental impacts associated with wild
harvest of coral;
(4) assess the effectiveness of current public and private
programs aimed at promoting conservation in the coral and coral
product trade;
(5) identify economic and other incentives for coral reef
conservation as part of the coral and coral product trade; and
(6) identify additional actions, if necessary, to ensure
that the United States market in coral and coral products does
not contribute to the degradation of coral reef ecosystems.
(c) Report.--Not later than 30 months after the date of enactment
of this Act, the Secretary shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Natural Resources a report of the study.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000 for
fiscal year 2014.
SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 208, as redesignated by section 7 of this Act, the following:
``SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.
``(a) International Coral Reef Conservation Activities.--
``(1) In general.--The Secretary shall carry out
international coral reef conservation activities consistent
with the purposes of this title 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
2013, 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 title and the
strategy required under 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 title;
``(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 title and other conservation efforts globally;
``(F) identify appropriate partnerships, grants, or
other funding and technical assistance mechanisms to
carry out the strategy; and
``(G) develop criteria for prioritizing
partnerships under subsection (c).
``(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
ecosystem strategy developed pursuant to subsection (b), and
meets the criteria specified in that strategy.''.
SEC. 12. COMMUNITY-BASED PLANNING GRANTS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 209, as added by section 11 of this Act, the following:
``SEC. 210. COMMUNITY-BASED PLANNING GRANTS.
``(a) In General.--The Secretary may make grants to entities that
have received grants under section 204 to provide additional funds to
such entities to work with local communities and through appropriate
Federal and State entities to prepare and implement plans for the
increased protection of coral reef areas identified by the community
and scientific experts as high priorities for focused attention. The
plans shall--
``(1) support attainment of one or more of the criteria
described in section 204(g);
``(2) be developed at the community level;
``(3) utilize watershed-based approaches;
``(4) provide for coordination with Federal and State
experts and managers; and
``(5) build upon local approaches, strategies, or models,
including traditional or island-based resource management
concepts.
``(b) Terms and Conditions.--The provisions of subsections (b),
(d), (f), and (h) of section 204 apply to grants under subsection (a),
except that, for the purpose of applying section 204(b)(1) to grants
under this section, `75 percent' shall be substituted for `50
percent'.''.
SEC. 13. VESSEL GROUNDING INVENTORY.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 210, as added by section 12 of this Act, the following:
``SEC. 211. VESSEL GROUNDING INVENTORY.
``(a) In General.--The Secretary may maintain an inventory of all
vessel grounding incidents involving coral reefs, including a
description of--
``(1) the impacts to affected coral reef ecosystems;
``(2) vessel and ownership information, if available;
``(3) the estimated cost of removal, mitigation, or
restoration;
``(4) the response action taken by the owner, the
Secretary, the Commandant of the Coast Guard, or other Federal
or State agency representatives;
``(5) the status of the response action, including the
dates of vessel removal and mitigation or restoration and any
actions taken to prevent future grounding incidents; and
``(6) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``(b) Identification of At-Risk Reefs.--The Secretary may--
``(1) use information from any inventory maintained under
subsection (a) or any other available information source to
identify coral reef ecosystems that have a high incidence of
vessel impacts, including groundings and anchor damage;
``(2) identify appropriate measures, including the
acquisition and placement of aids to navigation, moorings,
designated anchorage areas, fixed anchors, and other devices,
to reduce the likelihood of such impacts; and
``(3) develop a strategy and timetable to implement such
measures, including cooperative actions with other government
agencies and non-governmental partners.''.
SEC. 14. PROHIBITED ACTIVITIES.
(a) In General.--The Act (16 U.S.C. 6401 et seq.) is amended by
inserting after section 211, as added by section 13 of this Act, the
following:
``SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.
``(a) Provisions as Complementary.--The provisions of this section
are in addition to, and shall not affect the operation of, other
Federal, State, or local laws or regulations providing protection to
coral reef ecosystems.
``(b) Destruction, Loss, Taking, or Injury.--
``(1) In general.--Except as provided in paragraph (2), it
is unlawful for any person to destroy, take, cause the loss of,
or injure any coral reef or any component thereof.
``(2) Exceptions.--The destruction, loss, taking, or injury
of a coral reef or any component thereof is not unlawful if
it--
``(A) was caused by the use of fishing gear used in
a manner permitted under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) or other Federal or State law;
``(B) was caused by an activity that is authorized
or allowed by Federal or State law (including lawful
discharges from vessels, such as graywater, cooling
water, engine exhaust, ballast water, or sewage from
marine sanitation devices), unless the destruction,
loss, or injury resulted from actions such as vessel
groundings, vessel scrapings, anchor damage, excavation
not authorized by Federal or State permit, or other
similar activities;
``(C) was the necessary result of bona fide marine
scientific research (including marine scientific
research activities approved by Federal, State, or
local permits), other than excessive sampling or
collecting, or actions such as vessel groundings,
vessel scrapings, anchor damage, excavation, or other
similar activities;
``(D) was caused by a Federal Government agency--
``(i) during--
``(I) an emergency that posed an
unacceptable threat to human health or
safety or to the marine environment;
``(II) an emergency that posed a
threat to national security; or
``(III) an activity necessary for
law enforcement or search and rescue;
and
``(ii) could not reasonably be avoided; or
``(E) was caused by an action taken by the master
of the vessel in an emergency situation to ensure the
safety of the vessel or to save a life at sea.
``(c) Interference With Enforcement.--It is unlawful for any person
to interfere with the enforcement of this title by--
``(1) refusing to permit any officer authorized to enforce
this title to board a vessel (other than a vessel operated by
the Department of Defense or United States Coast Guard) subject
to such person's control for the purposes of conducting any
search or inspection in connection with the enforcement of this
title;
``(2) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
any person authorized by the Secretary to implement this title
or any such authorized officer in the conduct of any search or
inspection performed under this title; or
``(3) submitting false information to the Secretary or any
officer authorized to enforce this title in connection with any
search or inspection conducted under this title.
``(d) Violations of Title, Permit, or Regulation.--It is unlawful
for any person to violate any provision of this title, any permit
issued pursuant to this title, or any regulation promulgated pursuant
to this title.
``(e) Possession and Distribution.--It is unlawful for any person
to possess, sell, deliver, carry, transport, or ship by any means any
coral taken in violation of this title.''.
(b) Emergency Action Regulations.--The Secretary of Commerce shall
initiate a rulemaking proceeding to prescribe the circumstances and
conditions under which the exception in section 212(b)(2)(E) of the
Coral Reef Conservation Act of 2000, as amended by subsection (a),
applies and shall issue a final rule pursuant to that rulemaking as
soon as practicable but not later than 1 year after the date of
enactment of this Act. Nothing in this subsection shall be construed to
require the issuance of such regulations before the exception provided
by that section is in effect.
SEC. 15. DESTRUCTION OF CORAL REEFS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 212, as added by section 14 of this Act, the following:
``SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.
``(a) Liability.--
``(1) Liability to the united states.--Except as provided
in subsection (f), all persons who engage in an activity that
is prohibited under subsections (b) or (d) of section 212, or
create an imminent risk thereof, are liable, jointly and
severally, to the United States for an amount equal to the sum
of--
``(A) response costs and damages resulting from the
destruction, loss, taking, or injury, or imminent risk
thereof, including damages resulting from the response
actions;
``(B) costs of seizure, forfeiture, storage, and
disposal arising from liability under this section; and
``(C) interest on that amount calculated in the
manner described in section 1005 of the Oil Pollution
Act of 1990 (33 U.S.C. 2705).
``(2) Liability in rem.--
``(A) Any vessel used in an activity that is
prohibited under subsection (b) or (d) of section 212,
or creates an imminent risk thereof, shall be liable in
rem to the United States for an amount equal to the sum
of--
``(i) response costs and damages resulting
from such destruction, loss, taking, 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, taking, 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, taking, 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,
taking, 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 not later than 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, taking 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 defined in section 101 of title 10, United States Code),
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 (such as, anchoring or
mooring at one or more designated anchorages or buoys, or
executing specific operational elements of a special mission
activity), as determined by the uniformed service controlling
the contract.''.
SEC. 16. ENFORCEMENT.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 213, as added by section 15 of this Act, the following:
``SEC. 214. ENFORCEMENT.
``(a) In General.--The Secretary shall conduct enforcement
activities to carry out this title.
``(b) Powers of Authorized Officers.--
``(1) In general.--Any person who is authorized to enforce
this title may--
``(A) board, search, inspect, and seize any vessel
or other conveyance suspected of being used to violate
this title, any regulation promulgated under this
title, or any permit issued under this title, and any
equipment, stores, and cargo of such vessel, except
that such authority shall not exist with respect to
vessels owned or time chartered by a uniformed service
(as defined in section 101 of title 10, United States
Code) as warships or naval auxiliaries;
``(B) seize wherever found any component of coral
reef taken or retained in violation of this title, any
regulation promulgated under this title, or any permit
issued under this title;
``(C) seize any evidence of a violation of this
title, any regulation promulgated under this title, or
any permit issued under this title;
``(D) execute any warrant or other process issued
by any court of competent jurisdiction;
``(E) exercise any other lawful authority; and
``(F) arrest any person, if there is reasonable
cause to believe that such person has committed an act
prohibited by section 212.
``(2) Naval auxiliary defined.--In this subsection, the
term `naval auxiliary' means a vessel, other than a warship,
that is owned by or under the exclusive control of a uniformed
service and used at the time of the destruction, taking, 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) Jurisdiction.--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) In general.--A person who is convicted of an
offense in violation of this title shall forfeit to the
United States--
``(i) 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
``(ii) 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.
``(B) Applicable provisions.--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, loss, taking, or injury to a coral reef,
or that there has been actual destruction, loss, taking, 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,
taking, 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. 17. PERMITS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 214, as added by section 16 of this Act, the following:
``SEC. 215. PERMITS.
``(a) In General.--The Secretary may allow for the conduct of--
``(1) bona fide research, and
``(2) activities that would otherwise be prohibited by this
title or regulations issued thereunder,
through issuance of coral reef conservation permits in accordance with
regulations issued under this title.
``(b) Limitation of Non-Research Activities.--The Secretary may not
issue a permit for activities other than for bona fide research unless
the Secretary finds--
``(1) the activity proposed to be conducted is compatible
with one or more of the purposes in section 202 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), the Secretary may--
``(A) accept in-kind contributions in lieu of a
fee; or
``(B) waive or reduce the fee.
``(e) Fishing.--Nothing in this section shall be considered to
require a person to obtain a permit under this section for the conduct
of any fishing activities not prohibited by this title or regulations
issued thereunder.''.
SEC. 18. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 215, as added by section 17 of this Act, the following:
``SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
``(a) Regional Coordination.--The Secretary and other Federal
members of the Coral Reef Task Force shall work in coordination and
collaboration with other Federal agencies, States, and United States
territorial governments to implement the strategies developed under
section 203, including regional and local strategies, to address
multiple threats to coral reefs and coral reef ecosystems.
``(b) Response and Restoration Activities.--The Secretary shall
enter into written agreements with each State 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 effect at the date of enactment of the Coral
Reef Conservation Amendments Act of 2013, between the Secretary and
States affected by this title shall be updated to include enforcement
of this title where appropriate.''.
SEC. 19. REGULATIONS.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 216, as added by section 18, the following:
``SEC. 217. REGULATIONS.
``The Secretary may issue such regulations as are necessary and
appropriate to carry out the purposes of this title. This title and any
regulations promulgated under this title shall be applied in accordance
with international law. No restrictions shall apply to or be enforced
against a person who is not a citizen, national, or resident alien of
the United States (including foreign flag vessels) unless in accordance
with international law.''.
SEC. 20. EFFECTIVENESS AND ASSESSMENT REPORT.
Section 218 (formerly 16 U.S.C. 6407), as redesignated by section 7
of this Act, is amended to read as follows:
``SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.
``(a) Effectiveness Report.--Not later than March 1, 2013, 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 strategies, 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 the 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 211, 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, 2016, 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 title, and the effectiveness of
management actions to address threats to coral reefs.''.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
Section 219 (formerly 16 U.S.C. 6408), as redesignated by section 7
of this Act, is amended--
(1) by striking ``$16,000,000 for each of fiscal years
2001, 2002, 2003, and 2004,'' in subsection (a) and inserting
``$34,000,000 for fiscal year 2013, $36,000,000 for fiscal year
2014, $38,000,000 for fiscal year 2015, and $40,000,000 for
each of fiscal years 2016 through 2017, of which no less than
24 percent per year (for each of fiscal years 2013 through
2017) shall be used for the grant program under section 204, no
less than 6 percent shall be used for Fishery Management
Councils, and up to 10 percent per year shall be used for the
Fund established under section 205(a),'';
(2) by striking ``$1,000,000'' in subsection (b) and
inserting ``$2,000,000'';
(3) by striking subsection (c) and inserting the following:
``(c) Community-Based Planning Grants.--There is authorized to be
appropriated to the Secretary to carry out section 210 $10,000,000 for
each of fiscal years 2013 through 2017, to remain available until
expended.''; and
(4) by striking subsection (d) and inserting the following:
``(d) International Coral Reef Conservation Program.--There is
authorized to be appropriated to the Secretary to carry out section 209
$8,000,000 for each of fiscal years 2013 through 2017, to remain
available until expended.''.
SEC. 22. JUDICIAL REVIEW.
The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 219, as redesignated by section 7 of this Act, the following:
``SEC. 220. JUDICIAL REVIEW.
``(a) In General.--Chapter 7 of title 5, United States Code, is not
applicable to any action taken by the Secretary under this title,
except that--
``(1) review of any final agency action of the Secretary
taken pursuant to sections 214(c)(1) and 214(c)(2) may be had
only by the filing of a complaint by an interested person in
the United States District Court for the appropriate district;
any such complaint shall be filed not later than 30 days after
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 not later than 120 days after the date such
final agency action is taken.
``(b) No Review in Enforcement Proceedings.--Final agency action
with respect to which review could have been obtained under subsection
(a)(2) shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
``(c) Cost of Litigation.--In any judicial proceeding under
subsection (a), the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing party
whenever it determines that such award is appropriate.''.
SEC. 23. DEFINITIONS.
Section 221 (formerly 16 U.S.C. 6409), as redesignated by section 7
of this Act, is amended to read as follows:
``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, loss of, taking 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, loss of, taking of, or injury to, coral
reefs or components thereof, or to minimize the risk of such
additional destruction, loss, taking, 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, loss of, taking of, or injury to, a coral
reef, or component thereof, or to minimize the imminent risks
of such destruction, loss, taking, 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 217, and
section 220--
``(i) the Secretary of the Interior for any
coral reef or component thereof located in (I)
the National Wildlife Refuge System, (II) the
National Park System, and (III) the waters
surrounding Wake Island under the jurisdiction
of the Secretary of the Interior, as set forth
in Executive Order 11048 (27 Fed. Reg. 8851
(September 4, 1962)); or
``(ii) the Secretary of Commerce for any
coral reef or component thereof located in any
area not described in clause (i).
``(14) Service.--The term `service' means functions,
ecological or otherwise, performed by a coral reef or component
thereof.
``(15) State.--The term `State' means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands, and any other
territory or possession of the United States, or separate
sovereign in free association with the United States, that
contains a coral reef ecosystem within its seaward boundaries.
``(16) Territorial sea.--The term `Territorial Sea' means
the waters of the Territorial Sea of the United States under
Presidential Proclamation 5928, dated December 27, 1988.''.
Calendar No. 370
113th CONGRESS
2d Session
S. 839
[Report No. 113-156]
_______________________________________________________________________
A BILL
To reauthorize the Coral Reef Conservation Act of 2000, and for other
purposes.
_______________________________________________________________________
May 5, 2014
Reported without amendment