Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	6,670	n/a	n/a
Reported in House	7,140	97	26%
Engrossed in House	6,644	54	17%
Referred in Senate	6,619	5 Show Changes Hide Changes	2%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate

HR 860 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 860CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

(a) Short Title- This Act may be cited as the ‘Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Amendment of Coral Reef Conservation Act of 2000.CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACT

Sec. 101. Expansion of Coral Reef Conservation Program.CommentsClose CommentsPermalink





Sec. 102. Emergency response.CommentsClose CommentsPermalink





Sec. 103. National program.CommentsClose CommentsPermalink





Sec. 104. Report to Congress.CommentsClose CommentsPermalink





Sec. 105. Fund; grants; grounding inventory; coordination.CommentsClose CommentsPermalink





Sec. 106. Clarification of definitions.CommentsClose CommentsPermalink





Sec. 107. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--UNITED STATES CORAL REEF TASK FORCE

Sec. 201. United States Coral Reef Task Force.CommentsClose CommentsPermalink

TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES

Sec. 301. Amendments relating to Department of the Interior program.CommentsClose CommentsPermalink





Sec. 302. Clarification of definitions.CommentsClose CommentsPermalink

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.).CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO THE CORAL REEF CONSERVATION ACTCommentsClose CommentsPermalink

SEC. 101. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.

(a) Project Diversity- Section 204(d) (16 U.S.C. 6403(d)) is amended--CommentsClose CommentsPermalink





(1) in the heading by striking ‘Geographic and Biological’ and inserting ‘Project’; andCommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) Remaining funds shall be awarded for--CommentsClose CommentsPermalink





‘(A) projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the United States Coral Reef Task Force; andCommentsClose CommentsPermalink





‘(B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support.’.CommentsClose CommentsPermalink





(b) Approval Criteria- Section 204(g) (16 U.S.C. 6403(g)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ after the semicolon in paragraph (9);CommentsClose CommentsPermalink





(2) by striking paragraph (10); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (9) the following:CommentsClose CommentsPermalink





‘(10) promoting activities designed to minimize the likelihood of vessel impacts on coral reefs, particularly those areas identified under section 210(b), including the promotion of ecologically sound navigation and anchorages near coral reefs; orCommentsClose CommentsPermalink





‘(11) promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef ecosystems.’.CommentsClose CommentsPermalink

SEC. 102. EMERGENCY RESPONSE.

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

‘SEC. 206. EMERGENCY RESPONSE ACTIONS.

‘(a) In General- The Administrator may undertake or authorize action necessary--CommentsClose CommentsPermalink





‘(1) to minimize the destruction of or injury to a coral reef, or loss of an ecosystem function of a coral reef, from--CommentsClose CommentsPermalink





‘(A) vessel impacts, derelict fishing gear, vessel anchors, and anchor chains; andCommentsClose CommentsPermalink





‘(B) from unforeseen or disaster-related circumstances as a result of human activities; andCommentsClose CommentsPermalink





‘(2) to stabilize, repair, recover, or restore a coral reef that is destroyed or injured, or that has incurred the loss of an ecosystem function, as described in paragraph (1).CommentsClose CommentsPermalink





‘(b) Vessel Removal; Stabilization- Action authorized by subsection (a) includes vessel removal and emergency stabilization of the vessel or any impacted coral reef.CommentsClose CommentsPermalink





‘(c) Partnering With Other Federal and State Agencies- When possible, action by the Administrator under this section should--CommentsClose CommentsPermalink





‘(1) be conducted in partnership with other government agencies as appropriate, including--CommentsClose CommentsPermalink





‘(A) the Coast Guard, the Federal Emergency Management Agency, the Army Corps of Engineers, the Environmental Protection Agency, and the Department of the Interior; andCommentsClose CommentsPermalink





‘(B) agencies of States; andCommentsClose CommentsPermalink





‘(2) leverage resources of other agencies.CommentsClose CommentsPermalink





‘(d) Emergency Response Assistance by Other Federal and State Agencies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of any other Federal or State agency may assist the Administrator in emergency response actions under this section, using funds available for operations of the agency concerned.CommentsClose CommentsPermalink





‘(2) REIMBURSEMENT- The Administrator, subject to the availability of appropriations, may reimburse a Federal or State agency for assistance provided under paragraph (1).CommentsClose CommentsPermalink





‘(e) Liability for Costs and Damages to Coral Reefs-CommentsClose CommentsPermalink





‘(1) TREATMENT OF CORAL REEFS UNDER NATIONAL MARINE SANCTUARIES ACT- For purposes of the provisions set forth in paragraph (2), and subject to paragraph (5), each of the terms ‘sanctuary resources’, ‘resource’, ‘sanctuary resource managed under law or regulations for that sanctuary’, ‘national marine sanctuary’, ‘sanctuary resources of the national marine sanctuary’, and ‘sanctuary resources of other national marine sanctuaries’ is deemed to include any coral reef that is subject to the jurisdiction of the United States or any State, without regard to whether such coral reef is located in a national marine sanctuary.CommentsClose CommentsPermalink





‘(2) APPLICABLE PROVISIONS OF NATIONAL MARINE SANCTUARIES ACT- The provisions referred to in paragraph (1) are the following provisions of the National Marine Sanctuaries Act:CommentsClose CommentsPermalink





‘(A) Paragraphs (6) and (7) of section 302 (16 U.S.C. 1432).CommentsClose CommentsPermalink





‘(B) Paragraphs (1), (2), (3), and (4) of section 306 (16 U.S.C. 1436).CommentsClose CommentsPermalink





‘(C) Section 307 (16 U.S.C. 1437).CommentsClose CommentsPermalink





‘(D) Section 312 (16 U.S.C. 1443).CommentsClose CommentsPermalink





‘(3) EXEMPTIONS- The destruction, loss, or injury of a coral reef or any component thereof is not unlawful if it was--CommentsClose CommentsPermalink





‘(A) caused by the use of fishing gear in a manner that is not prohibited under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or other Federal or State law; orCommentsClose CommentsPermalink





‘(B) caused by an activity that is authorized by Federal or State law, including any lawful discharge from a vessel of graywater, cooling water, engine exhaust, ballast water, or sewage from a marine sanitation device, unless the destruction, loss, or injury is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit;CommentsClose CommentsPermalink





‘(C) the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than--CommentsClose CommentsPermalink





‘(i) sampling or collecting; andCommentsClose CommentsPermalink





‘(ii) destruction, loss, or injury that is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; orCommentsClose CommentsPermalink





‘(D)(i) caused by a Federal Government agency inCommentsClose CommentsPermalink

731XCommentsClose CommentsPermalink

‘(I) an emergency that posed an unacceptable threat to human health or safety or to the marine environment;CommentsClose CommentsPermalink





‘(II) an emergency that posed a threat to national security; orCommentsClose CommentsPermalink





‘(III) an activity necessary for law enforcement purposes or search and rescue; andCommentsClose CommentsPermalink





‘(ii) could not be avoided.CommentsClose CommentsPermalink





‘(4) CLARIFICATION OF LIABILITY- A person is not liable under this subsection if that person establishes that--CommentsClose CommentsPermalink





‘(A) the destruction or loss of, or injury to, the coral reef or coral reef ecosystem was caused solely by an act of God, an act of war, or an act of omission of a third party, and the person acted with due care;CommentsClose CommentsPermalink





‘(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; orCommentsClose CommentsPermalink





‘(C) the destruction, loss, or injury was negligible.CommentsClose CommentsPermalink





‘(5) STATE CONSENT REQUIRED-CommentsClose CommentsPermalink





‘(A) IN GENERAL- This subsection shall not apply to any coral reef that is subject to the jurisdiction of a State unless the Governor of that State notifies the Secretary that the State consents to that application.CommentsClose CommentsPermalink





‘(B) REVOCATION OF CONSENT- The governor of a State may revoke consent under subparagraph (A) by notifying the Secretary of such revocation.CommentsClose CommentsPermalink





‘(6) CONSISTENCY WITH INTERNATIONAL LAWS AND TREATIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any action taken under the authority of this subsection must be consistent with otherwise applicable international laws and treaties.CommentsClose CommentsPermalink





‘(B) ACTIONS AUTHORIZED WITH RESPECT TO VESSELS- For purposes of subparagraph (A), actions authorized under this subsection include vessel removal, and emergency re-stabilization of a vessel and any coral reef that is impacted by a vessel.CommentsClose CommentsPermalink





‘(7) LIABILITY UNDER OTHER PROVISIONS- Nothing in this title shall alter the liability of any person under any other provision of law.’.CommentsClose CommentsPermalink

SEC. 103. NATIONAL PROGRAM.

(a) Purpose of Act- Section 202 (16 U.S.C. 6401) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively, and by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) to promote the resilience of coral reef ecosystems;’.CommentsClose CommentsPermalink





(2) by amending paragraph (4), as so redesignated, to read as follows:CommentsClose CommentsPermalink





‘(4) to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems including large-scale threats related to climate change, such as ocean acidification, to benefit local communities and the Nation, and to the extent practicable to support and enhance management and research capabilities at local management agencies and local research and academic institutions;’; andCommentsClose CommentsPermalink





(3) by striking ‘and’ after the semicolon at the end of paragraph (6), as so redesignated, by striking the period at the end of paragraph (7), as so redesignated, and inserting ‘; and’, and by adding at the end the following:CommentsClose CommentsPermalink





‘(8) to recognize the benefits of healthy coral reefs to island and coastal communities and to encourage Federal action to ensure, to the maximum extent practicable, the continued availability of those benefits.’.CommentsClose CommentsPermalink





(b) Goals and Objectives of National Coral Reef Action Strategy- Section 203(b)(8) (16 U.S.C. 6402(b)(8)) is amended to read as follows:CommentsClose CommentsPermalink





‘(8) conservation, including resilience and the consideration of island and local traditions and practices.’.CommentsClose CommentsPermalink





(c) Amendments Relating to Activities To Conserve Coral Reefs and Coral Reef Ecosystems- Section 207(b) (16 U.S.C. 6406(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking ‘cooperative conservation’ and inserting ‘cooperative research, conservation,’; andCommentsClose CommentsPermalink





(B) by striking ‘partners.’ and inserting ‘partners, including academic institutions located in States;’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) improving and promoting the resilience of coral reefs and coral reef ecosystems; andCommentsClose CommentsPermalink





‘(6) activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those areas identified in section 210(b).’.CommentsClose CommentsPermalink





(d) Criteria for Approval of Project Proposals- Section 204(g) (16 U.S.C. 6403(g)) is further amended by striking ‘or’ after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following:CommentsClose CommentsPermalink





‘(11) improving and promoting the resilience of coral reefs and coral reef ecosystems; or’.CommentsClose CommentsPermalink





(e) Data Archive, Access, and Availability- Section 207 (16 U.S.C. 6406) is amended--CommentsClose CommentsPermalink





(1) in subsection (b) (as amended by subsection (b) of this section) by striking ‘and’ after the semicolon at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ‘; and’, and by adding at the end the following:CommentsClose CommentsPermalink





‘(7) centrally archiving, managing, and distributing data sets and providing coral reef ecosystem assessments and services to the general public with local, regional, or international programs and partners.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) archive environmental data collected by Federal, State, local agencies and tribal organizations and federally funded research;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) develop standards, protocols and procedures for sharing Federal data with State and local government programs and the private sector or academia; andCommentsClose CommentsPermalink





‘(4) develop metadata standards for coral reef ecosystems in accordance with Federal Geographic Data Committee guidelines.’.CommentsClose CommentsPermalink

SEC. 104. REPORT TO CONGRESS.

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

‘SEC. 208. REPORT TO CONGRESS.

‘Not later than March 1, 2010, and every 5 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including--CommentsClose CommentsPermalink





‘(1) a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each fiscal year of the 5-fiscal-year period preceding the fiscal year in which the report is submitted;CommentsClose CommentsPermalink





‘(2) a description of Federal interagency and cooperative efforts with States and non-governmental partner organizations to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reef ecosystems, including projects undertaken with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, and the Army Corps of Engineers;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(5) an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs, including actions taken to address large-scale threats to coral reef ecosystems related to climate change.’.CommentsClose CommentsPermalink

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

The Act (16 U.S.C. 6401 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 205(a) (16 U.S.C. 6404(a)), by striking ‘organization solely’ and all that follows and inserting ‘organization--CommentsClose CommentsPermalink





‘(1) to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; andCommentsClose CommentsPermalink





‘(2) to address emergency response actions under section 206.’;CommentsClose CommentsPermalink





(2) by adding at the end of section 205(b) (16 U.S.C. 6404(b)) the following: ‘The organization is encouraged to solicit funding and in-kind services from the private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including areas identified in section 210(b)(2).’;CommentsClose CommentsPermalink





(3) in section 205(c) (16 U.S.C. 6404(c)), by striking ‘the grant program’ and inserting ‘any grant program or emergency response action’;CommentsClose CommentsPermalink





(4) by redesignating sections 209 and 210 as sections 217 and 218, respectively; andCommentsClose CommentsPermalink





(5) by inserting after section 208 the following:CommentsClose CommentsPermalink

‘SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

‘(a) In General- The Administrator may make grants to entities that are eligible to receive grants under section 204(c) to provide additional funds to such entities to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall--CommentsClose CommentsPermalink





‘(1) support attainment of one or more of the criteria described in section 204(g);CommentsClose CommentsPermalink





‘(2) be developed at the community level;CommentsClose CommentsPermalink





‘(3) utilize where applicable watershed-based or ecosystem-based approaches;CommentsClose CommentsPermalink





‘(4) provide for coordination with Federal and State experts and managers;CommentsClose CommentsPermalink





‘(5) build upon local approaches or models, including traditional or island-based resource management concepts; andCommentsClose CommentsPermalink





‘(6) complement local action strategies or regional plans for coral reef conservation.CommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink

‘SEC. 210. VESSEL GROUNDING INVENTORY.

‘(a) In General- The Administrator, in coordination with other Federal agencies, may maintain an inventory of all vessel grounding incidents involving coral reefs, including a description of--CommentsClose CommentsPermalink





‘(1) the impacts to such resources;CommentsClose CommentsPermalink





‘(2) vessel and ownership information, if available;CommentsClose CommentsPermalink





‘(3) the estimated cost of removal, mitigation, or restoration;CommentsClose CommentsPermalink





‘(4) the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.CommentsClose CommentsPermalink





‘(b) Identification of At-risk Reefs- The Administrator may--CommentsClose CommentsPermalink





‘(1) use information from any inventory maintained under subsection (a) or any other available information source to identify all coral reef areas that have a high incidence of vessel impacts, including groundings and anchor damage;CommentsClose CommentsPermalink





‘(2) identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts; andCommentsClose CommentsPermalink





‘(3) develop a strategy and timetable to implement such measures, including cooperative actions with other Government agencies and non-governmental partners.CommentsClose CommentsPermalink

‘SEC. 211. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

‘(a) Regional Coordination- The Secretary and other Federal members of the United States Coral Reef Task Force shall work in coordination and collaboration with other Federal agencies and States to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘SEC. 212. AGREEMENTS.

‘(a) In General- The Administrator may execute and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.CommentsClose CommentsPermalink





‘(b) Funding- Under an agreement entered into under subsection (a), the Secretary may fulfill the terms of the agreement by reimbursing or providing appropriated funds to, and may receive funds or reimbursements from, Federal agencies, instrumentalities and laboratories; State and local governments; Native American tribes and organizations; international organizations; foreign governments; universities and research centers; educational institutions; nonprofit organizations; commercial organizations; and other public and private persons or entities, as necessary for purposes identified in section 202 and actions taken under subsections (a) through (d) of section 206.CommentsClose CommentsPermalink





‘(c) Multiyear Cooperative Agreements- The Administrator may enter into multiyear cooperative agreements with the heads of other Federal agencies, States, local governments, academic institutions, including marine laboratories and coral reef institutes, and nongovernmental organizations to carry out the activities of the national coral reef action strategy developed under section 203 and to implement regional strategies developed pursuant to section 211.CommentsClose CommentsPermalink





‘(d) Use of Other Agencies’ Resources- For purposes related to the conservation, preservation, protection, restoration, or replacement of coral reefs or coral reef ecosystems and the enforcement of this title, the Administrator is authorized to use, with their consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, or Indian tribal government, or of any political subdivision thereof, or of any foreign government or international organization.CommentsClose CommentsPermalink

‘SEC. 213. INTERNATIONAL CORAL REEF CONSERVATION STRATEGY.

‘(a) International Coral Reef Ecosystem Strategy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2009, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives, and publish in the Federal Register, an international coral reef ecosystem strategy, consistent with the purposes of this title and the national strategy required pursuant to section 203(a). The Secretary shall periodically review and revise this strategy as necessary.CommentsClose CommentsPermalink





‘(2) CONTENTS- The strategy developed by the Secretary under paragraph (1) shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) summarize existing activities by Federal agencies and entities described in subsection (b) to address the conservation of coral reef ecosystems identified pursuant to subparagraph (A);CommentsClose CommentsPermalink





‘(C) establish goals, objectives, and specific targets for conservation of priority international coral reef ecosystems;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(E) develop a plan to coordinate implementation of the strategy with entities described in subsection (b) in order to leverage current activities under this title and other conservation efforts globally;CommentsClose CommentsPermalink





‘(F) identify appropriate partnerships, grants, or other funding and technical assistance mechanisms to carry out the strategy; andCommentsClose CommentsPermalink





‘(G) develop criteria for prioritizing partnerships under subsection (c).CommentsClose CommentsPermalink





‘(b) Coordination- In carrying out this section, the Secretary shall consult with the Secretary of State, the Administrator of the Agency for International Development, the Secretary of the Interior, and other relevant Federal agencies, and relevant United States stakeholders, and shall take into account coral reef ecosystem conservation initiatives of other nations, international agreements, and intergovernmental and nongovernmental organizations so as to provide effective cooperation and efficiencies in international coral reef conservation. The Secretary may consult with the United States Coral Reef Task Force in carrying out this subsection.CommentsClose CommentsPermalink





‘(c) International Coral Reef Ecosystem Partnerships-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may establish an international coral reef ecosystem partnership program to provide support, including funding and technical assistance, for activities that implement the strategy developed pursuant to subsection (a).CommentsClose CommentsPermalink





‘(2) MECHANISMS- The Secretary shall provide such support working in collaboration with the entities described in subsection (b).CommentsClose CommentsPermalink





‘(3) CRITERIA FOR APPROVAL- The Secretary may not approve a partnership proposal under this section unless the partnership is consistent with the international coral reef conservation strategy developed pursuant to subsection (a), and meets the criteria specified in that strategy.CommentsClose CommentsPermalink





‘(d) Priority for Certain Projects Conducted by States- In implementing this section, the Secretary shall give priority consideration to regional initiatives and projects that States are participating in with other nations.CommentsClose CommentsPermalink

‘SEC. 214. PERMITS.

‘(a) In General- The Administrator may, in accordance with this section and regulations issued under this title, issue a permit authorizing the conduct of bona fide research.CommentsClose CommentsPermalink





‘(b) Exempt Activities- No permit under this section is required for an activity that is exempt from liability under section 206(e).CommentsClose CommentsPermalink





‘(c) Terms and Conditions- The Administrator may place any terms and conditions on a permit issued under this section that the Administrator deems reasonable.CommentsClose CommentsPermalink





‘(d) Fees-CommentsClose CommentsPermalink





‘(1) ASSESSMENT AND COLLECTION- Subject to regulations issued under this title, the Administrator may assess and collect fees as specified in this subsection.CommentsClose CommentsPermalink





‘(2) AMOUNT- Any fee assessed shall be equal to the sum of--CommentsClose CommentsPermalink





‘(A) all costs incurred, or expected to be incurred, by the Administrator in processing the permit application, including indirect costs; andCommentsClose CommentsPermalink





‘(B) if the permit is approved, all costs incurred, or expected to be incurred, by the Administrator as a direct result of the conduct of the activity for which the permit is issued.CommentsClose CommentsPermalink





‘(3) USE OF FEES- Amounts collected by the Administrator in the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Administrator for issuing and administering permits under this section.CommentsClose CommentsPermalink





‘(4) WAIVER OR REDUCTION OF FEES- For any fee assessed under paragraph (2) of this subsection, the Administrator may--CommentsClose CommentsPermalink





‘(A) accept in-kind contributions in lieu of a fee; orCommentsClose CommentsPermalink





‘(B) waive or reduce the fee.CommentsClose CommentsPermalink





‘(e) Fishing- Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activity that is not prohibited by this title or regulations issued under this title.CommentsClose CommentsPermalink

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

‘(a) Regulations- The Administrator may issue such regulations as are necessary and appropriate to carry out the purposes of sections 206 and 214.CommentsClose CommentsPermalink





‘(b) Relationship to International Law- This title and any regulations promulgated under this title shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law.’.CommentsClose CommentsPermalink

SEC. 106. CLARIFICATION OF DEFINITIONS.

Section 218, as redesignated by section 105 of this Act (relating to definitions; 16 U.S.C. 6409), is further amended--CommentsClose CommentsPermalink





(1) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) CONSERVATION- The term ‘conservation’ means the use of methods and procedures that are necessary to preserve or sustain coral reefs and associated species as resilient diverse, viable, and self-perpetuating coral reef ecosystems, including--CommentsClose CommentsPermalink





‘(A) all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management of habitat;CommentsClose CommentsPermalink





‘(B) mapping;CommentsClose CommentsPermalink





‘(C) monitoring of coral reef ecosystems;CommentsClose CommentsPermalink





‘(D) development and implementation of management strategies for marine protected area or networks thereof and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);CommentsClose CommentsPermalink





‘(E) law enforcement;CommentsClose CommentsPermalink





‘(F) conflict resolution initiatives;CommentsClose CommentsPermalink





‘(G) community outreach and education; andCommentsClose CommentsPermalink





‘(H) activities that promote safe and ecologically sound navigation.’;CommentsClose CommentsPermalink





(2) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink





‘(3) CORAL- The term ‘coral’ means species of the phylum Cnidaria, including--CommentsClose CommentsPermalink





‘(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organ-pipe corals and others), Alcyonacea (soft corals), and Helioporacea (blue coral), of the class Anthozoa; andCommentsClose CommentsPermalink





‘(B) all species of the families Milleporidae (fire corals) and Stylasteridae (stylasterid hydrocorals), of the class Hydrozoa.’;CommentsClose CommentsPermalink





(3) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





‘(4) CORAL REEF- The term ‘coral reef’ means a limestone structure, in the form of a reef or shoal, comprised in whole or in part by living coral, skeletal remains of coral, and other associated sessile marine plants and animals.’;CommentsClose CommentsPermalink





(4) by amending paragraph (5) to read as follows:CommentsClose CommentsPermalink





‘(5) CORAL REEF ECOSYSTEM- The term ‘coral reef ecosystem’ means a system of coral reefs and geographically associated species, habitats, and environment, including mangroves and seagrass habitats, and the processes that control its dynamics.’; andCommentsClose CommentsPermalink





(5) by redesignating paragraphs (7) and (8) in order as paragraphs (8) and (9), respectively, and by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





‘(7) CORAL REEF COMPONENT- The term ‘coral reef component’ means any part of a coral reef, including individual living coral, skeletal remains of coral, and other associated sessile marine plants and animals, and any adjacent or associated seagrasses.’.CommentsClose CommentsPermalink

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

Section 217, as redesignated by section 105 of this Act (relating to authorization of appropriations; 16 U.S.C. 6408), is further amended--CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) In General- There are authorized to be appropriated to the Secretary of Commerce to carry out this title $30,000,000 for fiscal year 2010, $32,000,000 for fiscal year 2011, $34,000,000 for fiscal year 2012, and $35,000,000 for fiscal years 2013 and 2014.’;CommentsClose CommentsPermalink





(2) in subsection (b) by striking ‘$1,000,000’ and inserting ‘$2,000,000’;CommentsClose CommentsPermalink





(3) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Community-Based Planning Grants- There is authorized to be appropriated to the Administrator to carry out section 209, $8,000,000 for fiscal years 2010 through 2014, to remain available until expended.’; andCommentsClose CommentsPermalink





(4) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Department of the Interior- There is authorized to be appropriated to the Secretary of the Interior to carry out this title $10,000,000 for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

TITLE II--UNITED STATES CORAL REEF TASK FORCECommentsClose CommentsPermalink

SEC. 201. UNITED STATES CORAL REEF TASK FORCE.

(a) Establishment- There is hereby established the United States Coral Reef Task Force.CommentsClose CommentsPermalink





(b) Goal- The goal of the Task Force shall be to lead, coordinate, and strengthen Federal Government actions to better preserve and protect coral reef ecosystems.CommentsClose CommentsPermalink





(c) Duties- The duties of the Task Force shall be--CommentsClose CommentsPermalink





(1) to coordinate, in cooperation with State and local government partners, academic partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration of coral reefs and coral reef ecosystems;CommentsClose CommentsPermalink





(2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in Executive Order 13089 and the national coral reef action strategy developed under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act; andCommentsClose CommentsPermalink





(3) to work with the Secretary of State and the Administrator of the Agency for International Development, and in coordination with the other members of the Task Force, to--CommentsClose CommentsPermalink





(A) assess the United States role in international trade and protection of coral species; andCommentsClose CommentsPermalink





(B) encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide.CommentsClose CommentsPermalink





(d) Membership, Generally- The Task Force shall be comprised of--CommentsClose CommentsPermalink





(1) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force;CommentsClose CommentsPermalink





(2) the Administrator of the Agency of International Development;CommentsClose CommentsPermalink





(3) the Secretary of Agriculture;CommentsClose CommentsPermalink





(4) the Secretary of Defense;CommentsClose CommentsPermalink





(5) the Secretary of the Army, acting through the Corps of Engineers;CommentsClose CommentsPermalink





(6) the Secretary of Homeland Security;CommentsClose CommentsPermalink





(7) the Attorney General;CommentsClose CommentsPermalink





(8) the Secretary of State;CommentsClose CommentsPermalink





(9) the Secretary of Transportation;CommentsClose CommentsPermalink





(10) the Administrator of the Environmental Protection Agency;CommentsClose CommentsPermalink





(11) the Administrator of the National Aeronautics and Space Administration;CommentsClose CommentsPermalink





(12) the Director of the National Science Foundation;CommentsClose CommentsPermalink





(13) the Governor, or a representative of the Governor, of the Commonwealth of the Northern Mariana Islands;CommentsClose CommentsPermalink





(14) the Governor, or a representative of the Governor, of the Commonwealth of Puerto Rico;CommentsClose CommentsPermalink





(15) the Governor, or a representative of the Governor, of the State of Florida;CommentsClose CommentsPermalink





(16) the Governor, or a representative of the Governor, of the State of Hawaii;CommentsClose CommentsPermalink





(17) the Governor, or a representative of the Governor, of the Territory of Guam;CommentsClose CommentsPermalink





(18) the Governor, or a representative of the Governor, of the Territory of American Samoa; andCommentsClose CommentsPermalink





(19) the Governor, or a representative of the Governor, of the Virgin Islands.CommentsClose CommentsPermalink





(e) Nonvoting Members- The President, or a representative of the President, of each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a nonvoting member of the Task Force.CommentsClose CommentsPermalink





(f) Responsibilities of Federal Agency Members-CommentsClose CommentsPermalink





(1) IN GENERAL- The Federal agency members of the Task Force shall--CommentsClose CommentsPermalink





(A) identify the actions of their agencies that may affect coral reef ecosystems;CommentsClose CommentsPermalink





(B) utilize the programs and authorities of their agencies to protect and enhance the conditions of such ecosystems; andCommentsClose CommentsPermalink





(C) assist in the implementation of the National Action Plan to Conserve Coral Reefs, the national coral reef action strategy developed under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act, the local action strategies, and any other coordinated efforts approved by the Task Force.CommentsClose CommentsPermalink





(2) CO-CHAIRS- In addition to their responsibilities under paragraph (1), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the Federal agency members of the Task Force.CommentsClose CommentsPermalink





(g) Working Groups-CommentsClose CommentsPermalink





(1) IN GENERAL- The co-chairs of the Task Force may establish working groups as necessary to meet the goals and duties of this title. The Task Force may request the co-chairs to establish such a working group.CommentsClose CommentsPermalink





(2) PARTICIPATION BY NONGOVERNMENTAL ORGANIZATIONS- The co-chairs may allow a nongovernmental organization or academic institution to participate in such a working group.CommentsClose CommentsPermalink





(h) FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.CommentsClose CommentsPermalink





(i) Definitions- The definitions in section 218 of the Coral Reef Conservation Act of 2000, as amended by this Act, shall apply to this section.CommentsClose CommentsPermalink

TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIESCommentsClose CommentsPermalink

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

(a) Amendments and Clarifications to Definitions-CommentsClose CommentsPermalink





(1) FISH AND WILDLIFE COORDINATION ACT- Section 8 of the Fish and Wildlife Coordination Act (16 U.S.C. 666b) is amended by inserting before the period at the end the following: ‘, including coral reef ecosystems (as such term is defined in section 218 of the Coral Reef Conservation Act of 2000) located in any unit of the National Park System, any unit of the National Wildlife Refuge System, or any Marine National Monument designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly known as the ‘Antiquities Act’)’.CommentsClose CommentsPermalink





(2) FISH AND WILDLIFE ACT OF 1956 AND FISH AND WILDLIFE IMPROVEMENT ACT OF 1978- With respect to the authorities under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and the authorities under the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l), references in such Acts to ‘wildlife’ and ‘fish and wildlife’ shall be construed to include coral reef ecosystems (as such term is defined in section 218 of the Coral Reef Conservation Act of 2000, as amended by this Act) located in any unit of the National Park System, any unit of the National Wildlife Refuge System, or any Marine National Monument designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431) (popularly known as the ‘Antiquities Act’).CommentsClose CommentsPermalink





(b) Coral Reef Conservation Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Interior may provide technical assistance and, subject to the availability of appropriations, financial assistance for the conservation of coral reefs.CommentsClose CommentsPermalink





(2) DEFINITIONS- In this subsection each of the terms ‘conservation’ and ‘coral reef’ has the meaning that term has under section 218 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6409), amended by this Act.CommentsClose CommentsPermalink

SEC. 302. CLARIFICATION OF DEFINITIONS.

Section 218, as redesignated by section 105 of this Act (relating to definitions; 16 U.S.C. 6409), is further amended--CommentsClose CommentsPermalink





(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) ADMINISTRATOR- The term ‘Administrator’--CommentsClose CommentsPermalink





‘(A) except as provided in subparagraph (B), means the Administrator of the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(B) in sections 206, 209, 212, 214, and 215, means the Secretary of the Interior for purposes of application of those sections to national park units and national wildlife refuges.’; andCommentsClose CommentsPermalink





(2) by amending paragraph (7) to read as follows:CommentsClose CommentsPermalink





‘(7) SECRETARY- The term ‘Secretary’--CommentsClose CommentsPermalink





‘(A) except as provided in subparagraphs (B) and (C), means the Secretary of Commerce;CommentsClose CommentsPermalink





‘(B) in section 206(e), means--CommentsClose CommentsPermalink





‘(i) the Secretary of the Interior, with respect to any coral reef or component thereof that is located in--CommentsClose CommentsPermalink





‘(I) any unit of the National Park System;CommentsClose CommentsPermalink





‘(II) any unit of the National Wildlife Refuge System; orCommentsClose CommentsPermalink





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





‘(ii) the Secretary of Commerce, with respect to any other coral reef or component thereof that is located in any Marine National Monument designated under a law referred to in clause (i)(III); andCommentsClose CommentsPermalink





‘(C) in sections 203, means the Secretary of Commerce and the Secretary of the Interior.’.CommentsClose CommentsPermalink

Passed the House of Representatives September 22, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 860

AN ACT

To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink