Sec. 105. Fund; grants; grounding inventory; coordination
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The Act ( 16 U.S.C. 6401 et seq. ) is amended— in section 205(a) ( 16 U.S.C. 6404(a) ), by striking organization solely and all that follows and inserting “organization— 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; and to address emergency response actions under section 206. ; 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). ; in section 205(c) ( 16 U.S.C. 6404(c) ), by striking the grant program and inserting any grant program or emergency response action ; by redesignating sections 209 and 210 as sections 217 and 218, respectively; and by inserting after section 208 the following:
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— support attainment of one or more of the criteria described in section 204(g); be developed at the community level; utilize where applicable watershed-based or ecosystem-based approaches; provide for coordination with Federal and State experts and managers; build upon local approaches or models, including traditional or island-based resource management concepts; and complement local action strategies or regional plans for coral reef conservation.
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 . The Administrator, in coordination with other Federal agencies, may maintain an inventory of all vessel grounding incidents involving coral reefs, including a description of— the impacts to such resources; vessel and ownership information, if available; the estimated cost of removal, mitigation, or restoration; the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives; 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 recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents. The Administrator may— 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; identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts; and develop a strategy and timetable to implement such measures, including cooperative actions with other Government agencies and non-governmental partners. 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. 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. 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. 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. 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. 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. 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. Not later than 1 year after the date of enactment of the Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2013 , 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. The strategy developed by the Secretary under paragraph
(1)shall— 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; 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); establish goals, objectives, and specific targets for conservation of priority international coral reef ecosystems; 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; 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; identify appropriate partnerships, grants, or other funding and technical assistance mechanisms to carry out the strategy; and develop criteria for prioritizing partnerships under subsection (c). 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. 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). The Secretary shall provide such support working in collaboration with the entities described in subsection (b). 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. In implementing this section, the Secretary shall give priority consideration to regional initiatives and projects that States are participating in with other nations. The Administrator may, in accordance with this section and regulations issued under this title, issue a permit authorizing the conduct of bona fide research. No permit under this section is required for an activity that is exempt from liability under section 206(e). The Administrator may place any terms and conditions on a permit issued under this section that the Administrator deems reasonable. Subject to regulations issued under this title, the Administrator may assess and collect fees as specified in this subsection. Any fee assessed shall be equal to the sum of— all costs incurred, or expected to be incurred, by the Administrator in processing the permit application, including indirect costs; and 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. 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. For any fee assessed under paragraph
(2)of this subsection, the Administrator may— accept in-kind contributions in lieu of a fee; or waive or reduce the fee. 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. The Administrator may issue such regulations as are necessary and appropriate to carry out the purposes of sections 206 and 214. 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. .
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