[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4283 Enrolled Bill (ENR)]
H.R.4283
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 regula-
tions; 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 develop- ment.--'';
(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.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.