[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1660

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 1996

  Mr. Glenn (for himself, Mr. Leahy, Mr. Jeffords, Mr. Moynihan, Mr. 
 Sarbanes, Mr. Inouye, Ms. Mikulski, Mr. Johnston, Mr. Levin, and Mr. 
   D'Amato) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
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 (16 U.S.C. 4701) 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 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;''; and
                    (B) in paragraph (4)--
                            (i) by inserting ``by the zebra mussel and 
                        ruffe, round goby, and other nonindigenous 
                        species'' after ``other species'';
                            (ii) by striking the period and inserting a 
                        semicolon; and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(5) because the zebra mussel was discovered in Lake 
        Champlain in 1993, an opportunity exists to act quickly to 
        manage zebra mussels before the infestation of, and control 
        costs for, zebra mussels escalate;
            ``(6) in 1992, the zebra mussel was discovered at the 
        northernmost reaches of the Chesapeake Bay watershed;
            ``(7) the zebra mussel poses an immanent 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 the 
        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 the introduction in ballast water discharges 
        in the early 1980's of ruffe, small perch-like fish, 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 
        are--
                    ``(A) the mitten crab (Eriochei sinensis) that has 
                become established on the Pacific Coast;
                    ``(B) the green crab (Carcinus maenus) 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) 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, or more destructive, than the zebra mussel or the 
        ruffe infestations, may occur;
            ``(13) once introduced into the waters of the United 
        States, nonindigenous 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;
            ``(14) resolving the problems associated with nonindigenous 
        aquatic nuisance species will require the participation and 
        cooperation of the Federal Government and State governments, 
        and investment in the development of prevention technologies; 
        and
            ``(15) preventing--
                    ``(A) the introduction of aquatic nuisance species 
                into the waters of the United States is the 
                responsibility of the Federal Government; and
                    ``(B) the spread of aquatic nuisance species--
                            ``(i) within the continental United States 
                        is a role that is jointly shared by the Federal 
                        Government and State governments; and
                            ``(ii) in a State, is the responsibility of 
                        that State, in cooperation with the tribal 
                        governments of the Indian tribes located within 
                        that State.''.
            (2) Definitions.--Section 1003 (16 U.S.C. 4702) is 
        amended--
                    (A) in paragraph (3), by striking ``assistant 
                Secretary'' and inserting ``Assistant Secretary'';
                    (B) by redesignating paragraphs (9) through (15) as 
                paragraphs (12) through (18), respectively; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) `Great Lakes region' means the 8 States that border 
        on the Great Lakes;
            ``(10) `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; and
            ``(11) `interstate organization' means an 
        interjurisdictional 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 (or 
                any political subdivision thereof) and 1 or more 
                foreign governments (or any political subdivisions 
                thereof); 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 subtitle 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) Nonindigenous aquatic nuisance species.--Section 1101 
        (16 U.S.C. 4711) is amended to read as follows:

``SEC. 1101. AQUATIC NUISANCE SPECIES IN THE 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.
            ``(3) Education and technical assistance programs.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall carry out education and technical assistance 
        programs and other measures to encourage participation in the 
        guidelines issued under this subsection.
    ``(b) Regulations.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the 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 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) request the Secretary of the Treasury to 
                withhold or revoke the clearance required by section 
                4197 of the Revised Statutes (46 U.S.C. App. 91) of a 
                vessel, the owner or operator of which is in violation 
                of the regulations;
                    ``(G) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(H) take into consideration different operating 
                conditions; and
                    ``(I) 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 2 years after 
        November 4, 1992, 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.
    ``(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, the 
        Secretary shall issue voluntary guidelines to prevent the 
        unintentional introduction and spread of nonindigenous species 
        in waters of the United States by ballast water operations and 
        other operations of vessels (as determined by the Secretary).
            ``(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 the 
                waters of the United States from vessels;
                    ``(B) apply to all vessels that operate in waters 
                of the United States;
                    ``(C) direct a vessel that is carrying ballast 
                water into the 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 the 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 
                        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;
                    ``(D) 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 
                        discharge; and
                            ``(ii) ballasting practices of vessels that 
                        enter waters of the United States with no 
                        ballast on board;
                    ``(E) provide for recordkeeping that shall be 
                maintained on board each vessel and made available for 
                inspection, upon request of the Secretary and in a 
                matter consistent with subsection (h), 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;
                    ``(F) provide for sampling procedures to monitor 
                compliance with the guidelines;
                    ``(G) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(H) take into consideration--
                            ``(i) variations in the characteristics of 
                        point of origin and receiving water bodies;
                            ``(ii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                            ``(iii) different operating conditions; and
                    ``(I) be based on the best scientific information 
                available.
            ``(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 the participation in the guidelines issued under 
        this subsection.
    ``(d) Periodic Review and Revision.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Invasive Species Act of 1996, and not 
        less frequently than every 3 years thereafter, the Secretary 
        shall, in accordance with the criteria developed by the Task 
        Force under paragraph (3)--
                    ``(A) assess the compliance by vessels with the 
                voluntary guidelines issued under this section 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 and reissue the guidelines and 
                        regulations referred to in paragraph (1); and
                            ``(ii) promulgate additional regulations 
                        pursuant to subsection (e)(1).
            ``(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 and reissue those guidelines; 
                        and
                            ``(ii) promulgate additional regulations.
            ``(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).
    ``(e) Authority of Secretary.--
            ``(1) General regulations.--If, on the basis of a periodic 
        review conducted under paragraph (1) of subsection (d) or a 
        special review conducted under paragraph (2) of that 
        subsection, 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 
                (d)(2),
        the Secretary shall 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) make mandatory the requirements 
                        included in the voluntary guidelines issued 
                        under subsection (c); and
                            ``(ii) provide for the enforcement of the 
                        regulations; and
                    ``(B) may be regional in scope.
            ``(3) Revocation of clearance.--The regulations promulgated 
        under this subsection shall request the Secretary of the 
        Treasury to 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.
    ``(f) Civil Penalties.--Any person who violates a regulation 
promulgated under subsection (e) 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.
    ``(g) Criminal Penalties.--Any person who knowingly violates the 
regulations promulgated under subsection (e) is guilty of a class C 
violation.
    ``(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to, to the 
maximum extent practicable, arrange to use 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 in the 
waters of North America (as defined by the Secretary).
    ``(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 in the 
waters of North America (as defined by the Secretary).''.
    (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 new section heading:

``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''; and
                    (C) by striking subsection (b) and inserting the 
                following:
    ``(b) Ecological and Ballast 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, Honolulu Harbor, 
                Prince William Sound, 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 discharge surveys.--
                    ``(A) In general.--The Secretary, in cooperation 
                with the Task Force, shall conduct surveys of ballast 
                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 discharge practices to reduce the 
                        probability of accidental introductions of 
                        aquatic nuisance species.
    ``(c) Grants to Chesapeake Research Consortium and Louisiana 
Universities Marine Consortium.--Subject to the availability of 
appropriations, for each of fiscal years 1997 through 2002, the 
Secretary of the Smithsonian Institution shall award--
            ``(1) a grant in an amount not to exceed $750,000 to the 
        Chesapeake Research Consortium to fund research on 
        nonindigenous aquatic nuisance species prevention and control 
        in the Chesapeake Bay through competitive grants to 
        universities and research institutions; and
            ``(2) a grant in an amount not to exceed $500,000 to the 
        Louisiana Universities Marine Consortium to fund research on 
        nonindigenous aquatic nuisance species prevention and control 
        in the Gulf of Mexico through competitive grants to 
        universities and research institutions.
    ``(d) National Ballast Information Clearinghouse.--
            ``(1) In general.--The Secretary of the Smithsonian 
        Institution, acting through the Smithsonian Environmental 
        Research Center, shall develop and maintain, in consultation 
        with the Task Force, 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.--The head of the Smithsonian Environmental 
        Research Center shall prepare and submit to the Secretary of 
        the Smithsonian Institution, 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) Naval 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. NAVAL BALLAST WATER PROGRAM.

    ``Subject to operational conditions, the Chief of Naval Operations 
of the Department of the Navy, in consultation with the Secretary, the 
Task Force, and the International Maritime Organization, shall 
implement a ballast water management program for the seagoing fleet of 
the Navy to limit the risk of invasion by nonindigenous species 
resulting 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, 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) United states shipyards and ship repair facilities.--
        The installation and construction of the technologies and 
        practices used in the demonstration program conducted under 
        this subsection shall be performed in a United States shipyard 
        or ship repair facility.
            ``(3) Vessel selection.--In demonstrating technologies and 
        practices on vessels under this subsection, the Secretary of 
        the Interior shall--
                    ``(A) use only vessels that--
                            ``(i) are approved by the Secretary;
                            ``(ii) have ballast systems conducive to 
                        testing aboard-vessel or land-based 
                        technologies and practices applicable to a 
                        significant number of merchant vessels;
                            ``(iii) are predominantly owned by citizens 
                        of the United States (as determined by the 
                        Secretary); and
                            ``(iv) are--
                                    ``(I) publicly or privately owned; 
                                and
                                    ``(II) in active use for trade or 
                                other cargo shipment purposes during 
                                the demonstration; and
                    ``(B) 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 the other major 
                        coasts of the United States and inland 
                        waterways, including the Prince William Sound, 
                        San Francisco Bay, and Chesapeake Bay.
            ``(4) Selection of technologies and practices.--If a report 
        on a study on ships' ballast operations conducted by the 
        National Research Council Marine Board of the National Academy 
        of Sciences is available at the time that the Secretary of the 
        Interior selects technologies and practices for demonstration 
        under this subsection, the Secretary of the Interior shall, in 
        making such selections, give priority to any technologies and 
        practices identified as promising by the Board in such report.
            ``(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 shall prepare and submit a report to 
        Congress on the demonstration program conducted pursuant to 
        this section. The report shall include findings and 
        recommendations of the Secretary of the Interior 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 subtitle 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 Lake 
                Champlain Basin Program, the Chesapeake Bay 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 
                for issuance by the Secretary, voluntary guidelines for 
                controlling the spread of the zebra mussel through 
                recreational activities, including boating and fishing. 
                Not later than the date specified in the preceding 
                sentence, the Secretary shall issue voluntary 
                guidelines that incorporate 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 and 
                        spread of aggressively invading species, such 
                        as the zebra mussel; and
                            ``(ii) adhere to research protocols 
                        developed pursuant to section 1202(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 nonindigenous nuisance 
                aquatic 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 
                        nonindigenous nuisance aquatic 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 the Lake 
        Champlain Research Consortium to assist in the research 
        conducted by that consortium pursuant to this subsection.''.
            (4) Implementation.--Section 1202(j) (16 U.S.C. 4722(j)) is 
        amended--
                    (A) in paragraph (1), by striking ``Not later than 
                18 months after the date of the enactment of this Act, 
                the Director'' and inserting ``The Director''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Enforcement assistance.--To the extent allowable by 
        law, and in a manner consistent with section 141 of title 14, 
        United States Code, the Director and the Under Secretary may 
        provide enforcement assistance pursuant to a management plan 
        that is approved by the Director, the Secretary, or the Under 
        Secretary for the control of nonindigenous aquatic nuisance 
        species upon request of a State or Indian tribe.''.
            (5) Regional coordination.--Section 1203 (16 U.S.C. 4723) 
        is amended--
                    (A) by striking the section heading and inserting 
                the following new section heading: ``sec. 1203. 
                regional coordination.'';
                    (B) in the matter preceding paragraph (1), by 
                inserting ``region'' before ``representatives'';
                    (C) in paragraphs (1) through (6), by striking 
                ``Great Lakes'' each place it appears and inserting 
                ``Great Lakes region''; and
                    (D) by adding at the end the following new 
                subsection:
    ``(d) Regional Panels.--The Task Force shall--
            ``(1) encourage the development and use of regional panels 
        and other similar entities in regions other than the Great 
        Lakes (including providing financial assistance for the 
        development and use of those entities) to carry out, with 
        respect to those regions, activities that are similar to the 
        activities described in subsection (a); 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 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 new 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 
                                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
                                    (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''; and
                    (B) in subsection (b)(1)--
                            (i) by striking ``or the Assistant 
                        Secretary, as appropriate under subsection (a) 
                        of this section,''; and
                            (ii) by striking ``approved management 
                        plans'' and inserting ``management plans 
                        approved under subsection (a)''.
    (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 department in which the Coast Guard is 
        operating to carry out section 1101--
                    ``(A) $2,000,000 for each of fiscal years 1997 
                through 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 Department of 
                Transportation, to be used by the Secretary of 
                Transportation; and
            ``(5) for each of fiscal years 1997 through 2002, 
        $1,750,000 to the Smithsonian Institution, of which--
                    ``(A) $1,250,000 shall be used to carry out section 
                1102(c); and
                    ``(B) $500,000 shall be used to carry out section 
                1102(d).'';
            (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 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 and the Lake Champlain 
        Research Consortium, of which $500,000 shall be used by the 
        Lake Champlain Research Consortium;
            ``(4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 1202(f)(3), 
        of which--
                    ``(A) $4,000,000 shall be used to fund grants under 
                section 206 of the National Sea Grant College Program 
                Act (33 U.S.C. 1121 et seq.) and 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
                    ``(B) $1,000,000 shall be used 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 other similar 
        entities under section 1203(d), 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 2001, 
$2,500,000 to the Department of the Interior, to be used by the 
Director.''; and
            (4) by adding at the end the following new subsection:
    ``(e) Ballast Water Management Demonstration Program.--There are 
authorized to be appropriated to the Department of the Interior 
$2,500,000 to carry out section 1104.''.

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.).
                                 <all>