[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4283 Committee Discharged Senate (CDS)]
104th CONGRESS
2d Session
H.R. 4283
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 1996
Received
October 3, 1996
Read twice and ordered referred to the Committee on Environment and
Public Works; committee discharged
October 3, 1996
Ordered referred to the Committee on Commerce, Science and
Transportation; committee discharged
_______________________________________________________________________
AN ACT
To provide for ballast water management to prevent the introduction and
spread of nonindigenous species into the waters of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) In General.--This Act may be cited as the ``National Invasive
Species Act of 1996''.
(b) References.--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 Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND
CONTROL ACT OF 1990.
(a) Findings; Definitions.--
(1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is
amended--
(A) by striking paragraphs (2) and (3) and
inserting the following new paragraphs:
``(2) when environmental conditions are favorable,
nonindigenous species become established, may compete with or
prey upon native species of plants, fish, and wildlife, may
carry diseases or parasites that affect native species, and may
disrupt the aquatic environment and economy of affected
nearshore areas;
``(3) the zebra mussel was unintentionally introduced into
the Great Lakes and has infested--
``(A) waters south of the Great Lakes, into a good
portion of the Mississippi River drainage;
``(B) waters west of the Great Lakes, into the
Arkansas River in Oklahoma; and
``(C) waters east of the Great Lakes, into the
Hudson River and Lake Champlain;'';
(B) in paragraph (4)--
(i) by inserting ``by the zebra mussel and
ruffe, round goby, and other nonindigenous
species'' after ``other species''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
``(6) in 1992, the zebra mussel was discovered at the
northernmost reaches of the Chesapeake Bay watershed;
``(7) the zebra mussel poses an imminent risk of invasion
in the main waters of the Chesapeake Bay;
``(8) since the Chesapeake Bay is the largest recipient of
foreign ballast water on the East Coast, there is a risk of
further invasions of other nonindigenous species;
``(9) the zebra mussel is only one example of thousands of
nonindigenous species that have become established in waters of
the United States and may be causing economic and ecological
degradation with respect to the natural resources of waters of
the United States;
``(10) since their introduction in the early 1980's in
ballast water discharges, ruffe--
``(A) have caused severe declines in populations of
other species of fish in Duluth Harbor (in Minnesota
and Wisconsin);
``(B) have spread to Lake Huron; and
``(C) are likely to spread quickly to most other
waters in North America if action is not taken promptly
to control their spread;
``(11) examples of nonindigenous species that, as of the
date of enactment of the National Invasive Species Act of 1996,
infest coastal waters of the United States and that have the
potential for causing adverse economic and ecological effects
include--
``(A) the mitten crab (Eriocher sinensis) that has
become established on the Pacific Coast;
``(B) the green crab (Carcinus maenas) that has
become established in the coastal waters of the
Atlantic Ocean;
``(C) the brown mussel (Perna perna) that has
become established along the Gulf of Mexico; and
``(D) certain shellfish pathogens;
``(12) many aquatic nuisance vegetation species, such as
Eurasian watermilfoil, hydrilla, water hyacinth, and water
chestnut, have been introduced to waters of the United States
from other parts of the world causing or having a potential to
cause adverse environmental, ecological, and economic effects;
``(13) if preventive management measures are not taken
nationwide to prevent and control unintentionally introduced
nonindigenous aquatic species in a timely manner, further
introductions and infestations of species that are as
destructive as, or more destructive than, the zebra mussel or
the ruffe infestations may occur;
``(14) once introduced into waters of the United States,
aquatic nuisance species are unintentionally transported and
introduced into inland lakes and rivers by recreational
boaters, commercial barge traffic, and a variety of other
pathways; and
``(15) resolving the problems associated with aquatic
nuisance species will require the participation and cooperation
of the Federal Government and State governments, and investment
in the development of prevention technologies.''.
(2) Definitions.--Section 1003 (16 U.S.C. 4702) is
amended--
(A) by striking paragraph (1) and redesignating
paragraphs (2) through (8) as paragraphs (1) through
(7), respectively;
(B) in paragraph (2), as redesignated by
subparagraph (A) of this paragraph, by striking
``assistant Secretary'' and inserting ``Assistant
Secretary'';
(C) by redesignating paragraphs (9) through (15) as
paragraphs (11) through (17), respectively; and
(D) by inserting after paragraph (7), as
redesignated by subparagraph (A) of this paragraph, the
following:
``(8) `Great Lakes region' means the 8 States that border
on the Great Lakes;
``(9) `Indian tribe' means any Indian tribe, band, nation,
or other organized group or community, including any Alaska
Native village or regional corporation (as defined in or
established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)) that is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians;
``(10) `interstate organization' means an entity--
``(A) established by--
``(i) an interstate compact that is
approved by Congress;
``(ii) a Federal statute; or
``(iii) a treaty or other international
agreement with respect to which the United
States is a party; and
``(B)(i) that represents 2 or more--
``(I) States or political subdivisions
thereof; or
``(II) Indian tribes; or
``(ii) that represents--
``(I) 1 or more States or political
subdivisions thereof; and
``(II) 1 or more Indian tribes; or
``(iii) that represents the Federal Government and
1 or more foreign governments; and
``(C) has jurisdiction over, serves as forum for
coordinating, or otherwise has a role or responsibility
for the management of, any land or other natural
resource;''.
(b) Aquatic Nuisance Species Control Program.--
(1) Amendment to heading.--The heading to subtitle B (16
U.S.C. 4711 et seq.) is amended to read as follows:
``Subtitle B--Prevention of Unintentional Introductions of
Nonindigenous Aquatic Species''.
(2) Aquatic nuisance species.--Section 1101 (16 U.S.C.
4711) is amended to read as follows:
``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.
``(a) Great Lakes Guidelines.--
``(1) In general.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of aquatic
nuisance species into the Great Lakes through the exchange of
ballast water of vessels prior to entering those waters.
``(2) Content of guidelines.--The guidelines issued under
this subsection shall--
``(A) ensure to the maximum extent practicable that
ballast water containing aquatic nuisance species is
not discharged into the Great Lakes;
``(B) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(C) take into consideration different vessel
operating conditions; and
``(D) be based on the best scientific information
available.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Task Force, shall issue regulations to prevent the introduction
and spread of aquatic nuisance species into the Great Lakes
through the ballast water of vessels.
``(2) Content of regulations.--The regulations issued under
this subsection shall--
``(A) apply to all vessels equipped with ballast
water tanks that enter a United States port on the
Great Lakes after operating on the waters beyond the
exclusive economic zone;
``(B) require a vessel to--
``(i) carry out exchange of ballast water
on the waters beyond the exclusive economic
zone prior to entry into any port within the
Great Lakes;
``(ii) carry out an exchange of ballast
water in other waters where the exchange does
not pose a threat of infestation or spread of
aquatic nuisance species in the Great Lakes and
other waters of the United States, as
recommended by the Task Force under section
1102(a)(1); or
``(iii) use environmentally sound
alternative ballast water management methods if
the Secretary determines that such alternative
methods are as effective as ballast water
exchange in preventing and controlling
infestations of aquatic nuisance species;
``(C) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast
water into waters of the United States under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
``(D) provide for sampling procedures to monitor
compliance with the requirements of the regulations;
``(E) prohibit the operation of a vessel in the
Great Lakes if the master of the vessel has not
certified to the Secretary or the Secretary's designee
by not later than the departure of that vessel from the
first lock in the St. Lawrence Seaway that the vessel
has complied with the requirements of the regulations;
``(F) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(G) take into consideration different operating
conditions; and
``(H) be based on the best scientific information
available.
``(3) Additional regulations.--In addition to promulgating
regulations under paragraph (1), the Secretary, in consultation
with the Task Force, shall, not later than November 4, 1994,
issue regulations to prevent the introduction and spread of
aquatic nuisance species into the Great Lakes through ballast
water carried on vessels that enter a United States port on the
Hudson River north of the George Washington Bridge.
``(4) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
regulations issued under this subsection.
``(c) Voluntary National Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Invasive Species Act of 1996, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines to prevent the
introduction and spread of nonindigenous species in waters of
the United States by ballast water operations and other
operations of vessels equipped with ballast water tanks.
``(2) Content of guidelines.--The voluntary guidelines
issued under this subsection shall--
``(A) ensure to the maximum extent practicable that
aquatic nuisance species are not discharged into waters
of the United States from vessels;
``(B) apply to all vessels equipped with ballast
water tanks that operate in waters of the United
States;
``(C) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(D) direct a vessel that is carrying ballast
water into waters of the United States after operating
beyond the exclusive economic zone to--
``(i) carry out the exchange of ballast
water of the vessel in waters beyond the
exclusive economic zone;
``(ii) exchange the ballast water of the
vessel in other waters where the exchange does
not pose a threat of infestation or spread of
nonindigenous species in waters of the United
States, as recommended by the Task Force under
section 1102(a)(1); or
``(iii) use environmentally sound
alternative ballast water management methods,
including modification of the vessel ballast
water tanks and intake systems, if the
Secretary determines that such alternative
methods are at least as effective as ballast
water exchange in preventing and controlling
infestations of aquatic nuisance species;
``(E) direct vessels to carry out management
practices that the Secretary determines to be necessary
to reduce the probability of unintentional
nonindigenous species transfer resulting from--
``(i) ship operations other than ballast
water discharge; and
``(ii) ballasting practices of vessels that
enter waters of the United States with no
ballast water on board;
``(F) provide for the keeping of records that shall
be submitted to the Secretary, as prescribed by the
guidelines, and that shall be maintained on board each
vessel and made available for inspection, upon request
of the Secretary and in a manner consistent with
subsection (i), in order to enable the Secretary to
determine compliance with the guidelines, including--
``(i) with respect to each ballast water
exchange referred to in clause (ii), reporting
on the precise location and thoroughness of the
exchange; and
``(ii) any other information that the
Secretary considers necessary to assess the
rate of effective compliance with the
guidelines;
``(G) provide for sampling procedures to monitor
compliance with the guidelines;
``(H) take into consideration--
``(i) vessel types;
``(ii) variations in the characteristics of
point of origin and receiving water bodies;
``(iii) variations in the ecological
conditions of waters and coastal areas of the
United States; and
``(iv) different operating conditions;
``(I) be based on the best scientific information
available;
``(J) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast
water into waters of the United States under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
``(K) provide an exemption from ballast water
exchange requirements to passenger vessels with
operating ballast water systems that are equipped with
treatment systems designed to kill aquatic organisms in
ballast water, unless the Secretary determines that
such treatment systems are less effective than ballast
water exchange at reducing the risk of transfers of
invasive species in the ballast water of passenger
vessels; and
``(L) not apply to crude oil tankers engaged in the
coastwise trade.
``(3) Education and technical assistance programs.--Not
later than 1 year after the date of enactment of the National
Invasive Species Act of 1996, the Secretary shall carry out
education and technical assistance programs and other measures
to encourage compliance with the guidelines issued under this
subsection.
``(d) Report to Congress.--Not sooner than 24 months after the date
of issuance of guidelines pursuant to subsection (c) and not later than
30 months after such date, and after consultation with interested and
affected persons, the Secretary shall prepare and submit to Congress a
report containing the information required pursuant to paragraphs (1)
and (2) of subsection (e).
``(e) Periodic Review and Revision.--
``(1) In general.--Not later than 3 years after the date of
issuance of guidelines pursuant to subsection (c), and not less
frequently than every 3 years thereafter, the Secretary shall,
in accordance with criteria developed by the Task Force under
paragraph (3)--
``(A) assess the compliance by vessels with the
voluntary guidelines issued under subsection (c) and
the regulations promulgated under this Act;
``(B) establish the rate of compliance that is
based on the assessment under subparagraph (A);
``(C) assess the effectiveness of the voluntary
guidelines and regulations referred to in subparagraph
(A) in reducing the introduction and spread of aquatic
nuisance species by vessels; and
``(D) as necessary, on the basis of the best
scientific information available--
``(i) revise the guidelines and regulations
referred to in subparagraph (A);
``(ii) promulgate additional regulations
pursuant to subsection (f)(1); or
``(iii) carry out each of clauses (i) and
(ii).
``(2) Special review and revision.--Not later than 90 days
after the Task Force makes a request to the Secretary for a
special review and revision for coastal and inland waterways
designated by the Task Force, the Secretary shall--
``(A) conduct a special review of guidelines and
regulations applicable to those waterways in accordance
with the review procedures under paragraph (1); and
``(B) as necessary, in the same manner as provided
under paragraph (1)(D)--
``(i) revise those guidelines;
``(ii) promulgate additional regulations
pursuant to subsection (f)(1); or
``(iii) carry out each of clauses (i) and
(ii).
``(3) Criteria for effectiveness.--Not later than 18 months
after the date of enactment of the National Invasive Species
Act of 1996, the Task Force shall submit to the Secretary
criteria for determining the adequacy and effectiveness of the
voluntary guidelines issued under subsection (c).
``(f) Authority of Secretary.--
``(1) General regulations.--If, on the basis of a periodic
review conducted under subsection (e)(1) or a special review
conducted under subsection (e)(2), the Secretary determines
that--
``(A) the rate of effective compliance (as
determined by the Secretary) with the guidelines issued
pursuant to subsection (c) is inadequate; or
``(B) the reporting by vessels pursuant to those
guidelines is not adequate for the Secretary to assess
the compliance with those guidelines and provide a rate
of compliance of vessels, including the assessment of
the rate of compliance of vessels under subsection
(e)(2),
the Secretary shall promptly promulgate regulations that meet
the requirements of paragraph (2).
``(2) Requirements for regulations.--The regulations
promulgated by the Secretary under paragraph (1)--
``(A) shall--
``(i) not be promulgated sooner than 180
days following the issuance of the report to
Congress submitted pursuant to subsection (d);
``(ii) make mandatory the requirements
included in the voluntary guidelines issued
under subsection (c); and
``(iii) provide for the enforcement of the
regulations; and
``(B) may be regional in scope.
``(3) International regulations.--The Secretary shall
revise regulations promulgated under this subsection to the
extent required to make such regulations consistent with the
treatment of a particular matter in any international
agreement, agreed to by the United States, governing management
of the transfer of nonindigenous aquatic species by vessel.
``(g) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under subsection (b) or (f) shall be
liable for a civil penalty in an amount not to exceed $25,000.
Each day of a continuing violation constitutes a separate
violation. A vessel operated in violation of the regulations is
liable in rem for any civil penalty assessed under this
subsection for that violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under subsection (b) or
(f) is guilty of a class C felony.
``(3) Revocation of clearance.--Upon request of the
Secretary, the Secretary of the Treasury shall withhold or
revoke the clearance of a vessel required by section 4197 of
the Revised Statutes (46 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations
issued under subsection (b) or (f).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel, its
crew, or its passengers; and
``(B) the recordkeeping and reporting requirements
of the Act are complied with.
``(h) Coordination With Other Agencies.--In carrying out the
programs under this section, the Secretary is encouraged to use, to the
maximum extent practicable, the expertise, facilities, members, or
personnel of established agencies and organizations that have routine
contact with vessels, including the Animal and Plant Health Inspection
Service of the Department of Agriculture, the National Cargo Bureau,
port administrations, and ship pilots' associations.
``(i) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(j) International Cooperation.--The Secretary, in cooperation
with the International Maritime Organization of the United Nations and
the Commission on Environmental Cooperation established pursuant to the
North American Free Trade Agreement, is encouraged to enter into
negotiations with the governments of foreign countries to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(k) Safety Exemption.--
``(1) Master discretion.--The master of a vessel is not
required to conduct a ballast water exchange if the master
decides that the exchange would threaten the safety or
stability of the vessel, its crew, or its passengers because of
adverse weather, vessel architectural design, equipment
failure, or any other extraordinary conditions.
``(2) Other requirements.--(A) In general.--Except as
provided in subparagraph (B), a vessel that does not exchange
ballast water on the high seas under paragraph (1) shall not be
restricted from discharging ballast water in any harbor.
``(B) Great lakes.--Subparagraph (A) shall not apply in a
case in which a vessel is subject to the regulations issued by
the Secretary under subsection (b).
``(3) Crude oil tanker ballast facility study.--(A) Within
60 days of the date of enactment of this Act, the Secretary of
the department in which the Coast Guard is operating, in
consultation with the Under Secretary of Commerce for Oceans
and Atmosphere, affected shoreside ballast water facility
operators, affected crude oil tanker operators, and interested
parties, shall initiate a study of the effectiveness of
existing shoreside ballast water facilities used by crude oil
tankers in the coastwise trade off Alaska in preventing the
introduction of nonindigenous aquatic species into the waters
off Alaska, as well as the cost and feasibility of modifying
such facilities to improve such effectiveness.
``(B) The study required under subparagraph (A) shall be
submitted to the Congress by no later than October 1, 1997.
``(l) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States when the
Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.''.
(c) National Ballast Water Management Information.--Section 1102
(16 U.S.C. 4712) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.'';
(2) in subsection (a)--
(A) in paragraphs (1) and (2), by inserting ``, in
cooperation with the Secretary,'' before ``shall
conduct'' each place it appears;
(B) in paragraph (2), by inserting ``Lake Champlain
and other'' after ``economic uses of'';
(3) by striking subsection (b) and inserting the following:
``(b) Ecological and Ballast Water Discharge Surveys.--
``(1) Ecological surveys.--
``(A) In general.--The Task Force, in cooperation
with the Secretary, shall conduct ecological surveys of
the Chesapeake Bay, San Francisco Bay, and Honolulu
Harbor and, as necessary, of other estuaries of
national significance and other waters that the Task
Force determines--
``(i) to be highly susceptible to invasion
by aquatic nuisance species resulting from
ballast water operations and other operations
of vessels; and
``(ii) to require further study.
``(B) Requirements for surveys.--In conducting the
surveys under this paragraph, the Task Force shall,
with respect to each such survey--
``(i) examine the attributes and patterns
of invasions of aquatic nuisance species; and
``(ii) provide an estimate of the
effectiveness of ballast water management and
other vessel management guidelines issued and
regulations promulgated under this subtitle in
abating invasions of aquatic nuisance species
in the waters that are the subject of the
survey.
``(2) Ballast water discharge surveys.--
``(A) In general.--The Secretary, in cooperation
with the Task Force, shall conduct surveys of ballast
water discharge rates and practices in the waters
referred to in paragraph (1)(A) on the basis of the
criteria under clauses (i) and (ii) of such paragraph.
``(B) Requirements for surveys.--In conducting the
surveys under this paragraph, the Secretary shall--
``(i) examine the rate of, and trends in,
ballast water discharge in the waters that are
the subject of the survey; and
``(ii) assess the effectiveness of
voluntary guidelines issued, and regulations
promulgated, under this subtitle in altering
ballast water discharge practices to reduce the
probability of accidental introductions of
aquatic nuisance species.
``(3) Columbia river.--The Secretary, in cooperation with
the Task Force and academic institutions in each of the States
affected, shall conduct an ecological and ballast water
discharge survey of the Columbia River system consistent with
the requirements of paragraphs (1) and (2).''; and
(4) by adding at the end the following new subsections:
``(e) Regional Research Grants.--Out of amounts appropriated to
carry out this subsection for a fiscal year, the Under Secretary may--
``(1) make available not to exceed $750,000 to fund
research on aquatic nuisance species prevention and control in
the Chesapeake Bay through grants, to be competitively awarded
and subject to peer review, to universities and research
institutions;
``(2) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control in
the Gulf of Mexico through grants, to be competitively awarded
and subject to peer review, to universities and research
institutions;
``(3) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control for
the Pacific Coast through grants, to be competitively awarded
and subject to peer review, to universities and research
institutions;
``(4) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control for
the Atlantic Coast through grants, to be competitively awarded
and subject to peer review, to universities and research
institutions; and
``(5) make available not to exceed $750,000 to fund
research on aquatic nuisance species prevention and control in
the San Francisco Bay-Delta Estuary through grants, to be
competitively awarded and subject to peer review, to
universities and research institutions.
``(f) National Ballast Information Clearinghouse.--
``(1) In general.--The Secretary shall develop and
maintain, in consultation and cooperation with the Task Force
and the Smithsonian Institution (acting through the Smithsonian
Environmental Research Center), a clearinghouse of national
data concerning--
``(A) ballasting practices;
``(B) compliance with the guidelines issued
pursuant to section 1101(c); and
``(C) any other information obtained by the Task
Force under subsection (b).
``(2) Report.--In consultation and cooperation with the
Task Force and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), the Secretary shall
prepare and submit to the Task Force and the Congress, on a
biannual basis, a report that synthesizes and analyzes the data
referred to in paragraph (1) relating to--
``(A) ballast water delivery and management; and
``(B) invasions of aquatic nuisance species
resulting from ballast water.''.
(d) Armed Services Ballast Water Program; Ballast Water Management
Demonstration Program.--Subtitle B (16 U.S.C. 4701 et seq.) is amended
by adding at the end the following new sections:
``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.
``(a) Department of Defense Vessels.--Subject to operational
conditions, the Secretary of Defense, in consultation with the
Secretary, the Task Force, and the International Maritime Organization,
shall implement a ballast water management program for seagoing vessels
of the Department of Defense to minimize the risk of introduction of
nonindigenous species from releases of ballast water.
``(b) Coast Guard Vessels.--Subject to operational conditions, the
Secretary, in consultation with the Task Force and the International
Maritime Organization, shall implement a ballast water management
program for seagoing vessels of the Coast Guard to minimize the risk of
introduction of nonindigenous species from releases of ballast water.
``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
``(a) Technologies and Practices Defined.--For purposes of this
section, the term `technologies and practices' means those technologies
and practices that--
``(1) may be retrofitted--
``(A) on existing vessels or incorporated in new
vessel designs; and
``(B) on existing land-based ballast water
treatment facilities;
``(2) may be designed into new water treatment facilities;
``(3) are operationally practical;
``(4) are safe for a vessel and crew;
``(5) are environmentally sound;
``(6) are cost-effective;
``(7) a vessel operator is capable of monitoring; and
``(8) are effective against a broad range of aquatic
nuisance species.
``(b) Demonstration Program.--
``(1) In general.--During the 18-month period beginning on
the date that funds are made available by appropriations
pursuant to section 1301(e), the Secretary of the Interior and
the Secretary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate technologies
and practices to prevent aquatic nonindigenous species from
being introduced into and spread through ballast water in the
Great Lakes and other waters of the United States.
``(2) Location.--The installation and construction of the
technologies and practices used in the demonstration program
conducted under this subsection shall be performed in the
United States.
``(3) Vessel selection.--In demonstrating technologies and
practices on vessels under this subsection, the Secretary of
the Interior and the Secretary of Commerce, shall--
``(A) use only vessels that--
``(i) are approved by the Secretary;
``(ii) have ballast water systems conducive
to testing aboard-vessel or land-based
technologies and practices applicable to a
significant number of merchant vessels; and
``(iii) are--
``(I) publicly or privately owned;
and
``(II) in active use for trade or
other cargo shipment purposes during
the demonstration;
``(B) select vessels for participation in the
program by giving priority consideration--
``(i) first, to vessels documented under
chapter 121 of title 46, United States Code;
``(ii) second, to vessels that are a
majority owned by citizens of the United
States, as determined by the Secretary; and
``(iii) third, to any other vessels that
regularly call on ports in the United States;
and
``(C) seek to use a variety of vessel types,
including vessels that--
``(i) call on ports in the United States
and on the Great Lakes; and
``(ii) are operated along major coasts of
the United States and inland waterways,
including the San Francisco Bay and Chesapeake
Bay.
``(4) Selection of technologies and practices.--In
selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the
Secretary of Commerce shall give priority consideration to
technologies and practices identified as promising by the
National Research Council Marine Board of the National Academy
of Sciences in its report on ships' ballast water operations
issued in July 1996.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Invasive Species Act of 1996, the
Secretary of the Interior and the Secretary of Commerce shall
prepare and submit a report to the Congress on the
demonstration program conducted pursuant to this section. The
report shall include findings and recommendations of the
Secretary of the Interior and the Secretary of Commerce
concerning technologies and practices.
``(c) Authorities; Consultation and Cooperation With International
Maritime Organization and Task Force.--
``(1) Authorities.--In conducting the demonstration program
under subsection (b), the Secretary of the Interior may--
``(A) enter into cooperative agreements with
appropriate officials of other agencies of the Federal
Government, agencies of States and political
subdivisions thereof, and private entities;
``(B) accept funds, facilities, equipment, or
personnel from other Federal agencies; and
``(C) accept donations of property and services.
``(2) Consultation and cooperation.--The Secretary of the
Interior shall consult and cooperate with the International
Maritime Organization and the Task Force in carrying out this
section.''.
(e) Amendments to Subtitle C.--
(1) Subtitle heading.--The heading to subtitle C (16 U.S.C.
4721 et seq.) is amended to read as follows:
``Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal''.
(2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of
paragraph (5);
(ii) by redesignating paragraph (6) as
paragraph (7); and
(iii) by inserting after paragraph (5) the
following new paragraph:
``(6) the Secretary of Agriculture; and''; and
(B) in subsection (c), by inserting ``the
Chesapeake Bay Program, the San Francisco Bay-Delta
Estuary Program,'' before ``and State agencies''.
(3) Research program.--Section 1202 (16 U.S.C. 4722) is
amended--
(A) in subsection (f)(1)(A), by inserting ``and
impacts'' after ``economic risks''; and
(B) in subsection (i)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--
The Task Force'' and inserting the
following:
``(1) Zebra mussel.--
``(A) In general.--The Task Force'';
(II) by striking ``(A) research''
and inserting the following:
``(i) research'';
(III) by striking ``(B) tracking''
and inserting the following:
``(ii) tracking'';
(IV) by striking ``(C)
development'' and inserting the
following:
``(iii) development''; and
(V) by striking ``(D) provision''
and inserting the following:
``(iv) provision'';
(ii) in paragraph (2), by striking ``(2)
Public facility research and development.--''
and inserting the following:
``(B) Public facility research and development.--
'';
(iii) in subparagraph (B) of paragraph (1),
as so redesignated, by striking the first
sentence and inserting the following: ``The
Assistant Secretary, in consultation with the
Task Force, shall develop a program of
research, technology development, and
demonstration for the environmentally sound
control of zebra mussels in and around public
facilities.'';
(iv) in paragraph (1), by adding after
subparagraph (B), as so redesignated, the
following new subparagraph:
``(C) Voluntary guidelines.--Not later than 1 year
after the date of enactment of this subparagraph, the
Task Force shall develop and submit to the Secretary
voluntary guidelines for controlling the spread of the
zebra mussel and, if appropriate, other aquatic
nuisance species through recreational activities,
including boating and fishing. Not later than 4 months
after the date of such submission, and after providing
notice and an opportunity for public comment, the
Secretary shall issue voluntary guidelines that are
based on the guidelines developed by the Task Force
under this subparagraph.''; and
(v) by adding at the end the following new
paragraphs:
``(2) Dispersal containment analysis.--
``(A) Research.--The Administrator of the
Environmental Protection Agency, in cooperation with
the National Science Foundation and the Task Force,
shall provide research grants on a competitive basis
for projects that--
``(i) identify environmentally sound
methods for controlling the dispersal of
aquatic nuisance species, such as the zebra
mussel; and
``(ii) adhere to research protocols
developed pursuant to subsection (f)(2).
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Environmental
Protection Agency to carry out this paragraph,
$500,000.
``(3) Dispersal barrier demonstration.--
``(A) In general.--The Assistant Secretary, in
consultation with the Task Force, shall investigate and
identify environmentally sound methods for preventing
and reducing the dispersal of aquatic nuisance species
between the Great Lakes-Saint Lawrence drainage and the
Mississippi River drainage through the Chicago River
Ship and Sanitary Canal, including any of those methods
that could be incorporated into the operation or
construction of the lock system of the Chicago River
Ship and Sanitary Canal.
``(B) Report.--Not later than 18 months after the
date of enactment of this paragraph, the Assistant
Secretary shall issue a report to the Congress that
includes recommendations concerning--
``(i) which of the methods that are
identified under the study conducted under this
paragraph are most promising with respect to
preventing and reducing the dispersal of
aquatic nuisance species; and
``(ii) ways to incorporate those methods
into ongoing operations of the United States
Army Corps of Engineers that are conducted at
the Chicago River Ship and Sanitary Canal.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Department of the
Army, to carry out this paragraph, $750,000.
``(4) Contributions.--To the extent allowable by law, in
carrying out the studies under paragraphs (2) and (3), the
Administrator of the Environmental Protection Agency and the
Secretary of the Army may enter into an agreement with an
interested party under which that party provides in kind or
monetary contributions for the study.
``(5) Technical assistance.--The Great Lakes Environmental
Research Laboratory of the National Oceanic and Atmospheric
Administration shall provide technical assistance to
appropriate entities to assist in the research conducted
pursuant to this subsection.''.
(4) Implementation.--Section 1202(j)(1) (16 U.S.C.
4722(j)(1)) is amended by striking ``Not later than 18 months
after the date of the enactment of this Act, the Director'' and
inserting ``The Director, the Secretary,''.
(5) Regional Coordination.--Section 1203 (16 U.S.C. 4723)
is amended--
(A) by striking the section heading and inserting
the following:
``SEC. 1203. REGIONAL COORDINATION.'';
(B) in subsection (a)--
(i) by striking ``(a) In General.--Not''
and inserting the following:
``(a) Great Lakes Panel.--
``(1) In general.--Not'';
(ii) by striking ``(1) identify'' and
inserting the following:
``(A) identify'';
(iii) by striking ``(2) make'' and
inserting the following:
``(B) make'';
(iv) by striking ``(3) assist'' and
inserting the following:
``(C) assist'';
(v) by striking ``(4) coordinate'' and
inserting the following:
``(D) coordinate'';
(vi) by striking ``(5) provide'' and
inserting the following:
``(E) provide'';
(vii) by striking ``(6) submit'' and
inserting the following:
``(F) submit'';
(viii) in paragraph (1), as so
redesignated--
(I) in the matter preceding
subparagraph (A), by inserting
``region'' before ``representatives'';
and
(II) in subparagraphs (A) through
(F), by striking ``Great Lakes'' each
place it appears and inserting ``Great
Lakes region'';
(C) by striking ``(b) Consultation.--The Task
Force'' and inserting the following:
``(2) Consultation.--The Task Force'';
(D) by striking ``(c) Canadian Participation.--The
panel'' and inserting the following:
``(3) Canadian participation.--The panel'';
(E) in paragraphs (2) and (3) of subsection (a), as
so redesignated, by striking ``this section'' and
inserting ``this subsection''; and
(F) by adding at the end the following new
subsections:
``(b) Western Regional Panel.--Not later than 30 days after the
date of enactment of the National Invasive Species Act of 1996, the
Task Force shall request a Western regional panel, comprised of Western
region representatives from Federal, State, and local agencies and from
private environmental and commercial interests, to--
``(1) identify priorities for the Western region with
respect to aquatic nuisance species;
``(2) make recommendations to the Task Force regarding an
education, monitoring (including inspection), prevention, and
control program to prevent the spread of the zebra mussel west
of the 100th Meridian pursuant to section 1202(i) of this Act;
``(3) coordinate, where possible, other aquatic nuisance
species program activities in the Western region that are not
conducted pursuant to this Act;
``(4) develop an emergency response strategy for Federal,
State, and local entities for stemming new invasions of aquatic
nuisance species in the region;
``(5) provide advice to public and private individuals and
entities concerning methods of preventing and controlling
aquatic nuisance species infestations; and
``(6) submit annually a report to the Task Force describing
activities within the Western region related to aquatic
nuisance species prevention, research, and control.
``(c) Additional Regional Panels.--The Task Force shall--
``(1) encourage the development and use of regional panels
and other similar entities in regions in addition to the Great
Lakes and Western regions (including providing financial
assistance for the development and use of such entities) to
carry out, with respect to those regions, activities that are
similar to the activities described in subsections (a) and (b);
and
``(2) cooperate with regional panels and similar entities
that carry out the activities described in paragraph (1).''.
(6) State or interstate watershed aquatic nuisance species
management plan.--Section 1204 (16 U.S.C. 4724) is amended--
(A) in subsection (a)--
(i) by striking the subsection designation
and heading and inserting the following:
``(a) State or Interstate Invasive Species Management Plans.--'';
(ii) in paragraph (1)--
(I) by striking the matter
preceding subparagraph (A) and
inserting the following:
``(1) In general.--After providing notice and opportunity
for public comment, the Governor of each State may prepare and
submit, or the Governors of the States and the governments of
the Indian tribes involved in an interstate organization, may
jointly prepare and submit--'';
(II) in subparagraph (A), by
striking ``technical and financial
assistance'' and inserting ``technical,
enforcement, or financial assistance
(or any combination thereof)''; and
(III) in subparagraphs (A) and (B),
by inserting ``or within the interstate
region involved'' after ``within the
State'' each place it appears;
(iii) in paragraph (2)--
(I) in subparagraph (B), by
striking ``and'' at the end of the
subparagraph;
(II) by redesignating subparagraph
(C) as subparagraph (D);
(III) by inserting after
subparagraph (B) the following:
``(C) identify any authority that the State (or any
State or Indian tribe involved in the interstate
organization) does not have at the time of the
development of the plan that may be necessary for the
State (or any State or Indian tribe involved in the
interstate organization) to protect public health,
property, and the environment from harm by aquatic
nuisance species; and''; and
(IV) in subparagraph (D), as so
redesignated, by inserting ``, and
enabling legislation'' before the
period;
(iv) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by inserting ``or
interstate organization'' after
``the State''; and
(bb) by inserting ``Indian
tribes,'' after ``local
governments and regional
entities,''; and
(II) in subparagraph (B), by
inserting ``or the appropriate official
of an interstate organization'' after
``a State''; and
(v) in paragraph (4), by inserting ``or the
interstate organization'' after ``the
Governor'';
(B) in subsection (b)(1)--
(i) by striking ``or the Assistant
Secretary, as appropriate under subsection
(a),''; and
(ii) by striking ``approved management
plans'' and inserting ``management plans
approved under subsection (a)''; and
(C) by adding at the end the following new
subsection:
``(c) Enforcement Assistance.--Upon request of a State or Indian
tribe, the Director or the Under Secretary, to the extent allowable by
law and in a manner consistent with section 141 of title 14, United
States Code, may provide assistance to a State or Indian tribe in
enforcing an approved State or interstate invasive species management
plan.''.
(f) Authorizations of Appropriations.--Section 1301 (16 U.S.C.
4741) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking paragraph (3) and inserting the
following;
``(3) to the Secretary to carry out section 1101--
``(A) $2,000,000 for each of fiscal years 1997 and
1998; and
``(B) $3,000,000 for each of fiscal years 1999
through 2002;''; and
(C) by adding at the end the following new
paragraphs:
``(4) for each of fiscal years 1997 through 2002, to carry
out paragraphs (1) and (2) of section 1102(b)--
``(A) $1,000,000 to the Department of the Interior,
to be used by the Director; and
``(B) $1,000,000 to the Secretary; and
``(5) for each of fiscal years 1997 through 2002--
``(A) $3,000,000, which shall be made available
from funds otherwise authorized to be appropriated if
such funds are so authorized, to the Under Secretary to
carry out section 1102(e); and
``(B) $500,000 to the Secretary to carry out
section 1102(f).'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``1991, 1992, 1993, 1994, and 1995'' and
inserting ``1997 through 2002''; and
(B) by striking paragraphs (1) through (7) and
inserting the following:
``(1) $6,000,000 to the Department of the Interior, to be
used by the Director to carry out sections 1202 and 1209;
``(2) $1,000,000 to the Department of Commerce, to be used
by the Under Secretary to carry out section 1202;
``(3) $1,625,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund aquatic nuisance species prevention and
control research under section 1202(i) at the Great Lakes
Environmental Research Laboratory of the National Oceanic and
Atmospheric Administration, of which $500,000 shall be made
available for grants, to be competitively awarded and subject
to peer review, for research relating to Lake Champlain;
``(4) $5,000,000 for competitive grants for university
research on aquatic nuisance species under section 1202(f)(3)
as follows:
``(A) $2,800,000, which shall be made available
from funds otherwise authorized to be appropriated if
such funds are so authorized, to fund grants under
section 205 of the National Sea Grant College Program
Act (33 U.S.C. 1124);
``(B) $1,200,000 to fund grants to colleges for the
benefit of agriculture and the mechanic arts referred
to in the first section of the Act of August 30, 1890
(26 Stat. 417, chapter 841; 7 U.S.C. 322); and
``(C) $1,000,000 to fund grants through the
Cooperative Fisheries and Wildlife Research Unit
Program of the United States Fish and Wildlife Service;
``(5) $3,000,000 to the Department of the Army, to be used
by the Assistant Secretary to carry out section 1202(i)(1)(B);
and
``(6) $300,000 to the Department of the Interior, to be
used by the Director to fund regional panels and similar
entities under section 1203, of which $100,000 shall be used to
fund activities of the Great Lakes Commission.'';
(3) by striking subsection (c) and inserting the following:
``(c) Grants for State Management Programs.--There are authorized
to be appropriated for each of fiscal years 1997 through 2002
$4,000,000 to the Department of the Interior, to be used by the
Director for making grants under section 1204, of which $1,500,000
shall be used by the Director, in consultation with the Assistant
Secretary, for management of aquatic nuisance vegetation species.'';
and
(4) by adding at the end the following new subsections;
``(e) Ballast Water Management Demonstration Program.--There are
authorized to be appropriated $2,500,000 to carry out section 1104.
``(f) Research.--There are authorized to be appropriated to the
Director $1,000,000 to carry out research on the prevention,
monitoring, and control of aquatic nuisance species in Narragansett
Bay, Rhode Island. The funds shall be made available for use by the
Department of Environmental Management of the State of Rhode Island.''.
(g) References to Appropriate Committees.--The Act (16 U.S.C. 4701
et seq.) is amended by striking ``appropriate Committees'' each place
it appears and inserting ``Congress''.
(h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 4701 et
seq.) is amended--
(1) in titles I, II, and IV, by striking the quotation
marks at the beginning of any title, subtitle, section,
subsection, paragraph, subparagraph, clause, subclause, or
undesignated provision;
(2) at the end of titles II and IV, by striking the closing
quotation marks and the final period; and
(3) in section 1003--
(A) by striking each single opening quotation mark
and inserting double opening quotation marks; and
(B) by striking each single closing quotation mark
and inserting double closing quotations marks.
SEC. 3. STATUTORY CONSTRUCTION.
Nothing in this Act or the amendments made by this Act is intended
to affect the authorities and responsibilities of the Great Lakes
Fishery Commission established under article II of the Convention on
Great Lakes Fisheries between the United States of America and Canada,
signed at Washington on September 10, 1954 (hereafter in this section
referred to as the ``Convention''), including the authorities and
responsibilities of the Great Lakes Fishery Commission--
(1) for developing and implementing a comprehensive program
for eradicating or minimizing populations of sea lamprey in the
Great Lakes watershed; and
(2) carrying out the duties of the Commission specified in
the Convention (including any amendment thereto) and the Great
Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
Passed the House of Representatives September 28, 1996.
Attest:
ROBIN H. CARLE,
Clerk.