Library / Laws / 113th / s / S. 839 / Reported in Senate
II
Calendar No. 370
113th CONGRESS
2d Session
S. 839
[Report No. 113–156]
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.
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.
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.).
3.
Purposes
Section 202 (16 U.S.C. 6401) is amended to
read as follows:
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.
.
4.
National coral
reef action strategy
Section
203 (16 U.S.C. 6402) is amended to read as follows:
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.
.
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.
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.
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:
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.
.
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:
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.
.
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:
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.
.
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.
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:
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.
.
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:
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.
.
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:
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.
.
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:
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.
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:
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.
.
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:
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.
.
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:
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.
.
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:
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.
.
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:
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.
.
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:
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.
.
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.
.
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:
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.
.
23.
Definitions
Section 221 (formerly 16 U.S.C. 6409), as
redesignated by section 7 of this Act, is amended to read as follows:
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.
.
May 5, 2014Reported without amendment