[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10918-H10927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL INVASIVE SPECIES ACT OF 1996
Mr. BOEHLERT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3217) 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, as amended.
The Clerk read as follows:
H.R. 3217
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;
[[Page H10919]]
``(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
[[Page H10920]]
guidelines and provide a rate of compliance of vessels,
including the assessment of the rate of compliance of vessels
under subsection (e)(2),
the Secretary shall promptly promulgate regulations that meet
the requirements of paragraph (2).
``(2) Requirements for regulations.--The regulations
promulgated by the Secretary under paragraph (1)--
``(A) shall--
``(i) not be promulgated sooner than 180 days following the
issuance of the report to Congress submitted pursuant to
subsection (d);
``(ii) make mandatory the requirements included in the
voluntary guidelines issued under subsection (c); and
``(iii) provide for the enforcement of the regulations; and
``(B) may be regional in scope.
``(3) International regulations.--The Secretary shall
revise regulations promulgated under this subsection to the
extent required to make such regulations consistent with the
treatment of a particular matter in any international
agreement, agreed to by the United States, governing
management of the transfer of nonindigenous aquatic species
by vessel.
``(g) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under subsection (b) or (f) shall be
liable for a civil penalty in an amount not to exceed
$25,000. Each day of a continuing violation constitutes a
separate violation. A vessel operated in violation of the
regulations is liable in rem for any civil penalty assessed
under this subsection for that violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under subsection (b) or
(f) is guilty of a class C felony.
``(3) Revocation of clearance.--Upon request of the
Secretary, the Secretary of the Treasury shall withhold or
revoke the clearance of a vessel required by section 4197 of
the Revised Statutes (46 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations
issued under subsection (b) or (f).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith, decides
that the exchange of ballast water will threaten the safety
or stability of the vessel, its crew, or its passengers; and
``(B) the recordkeeping and reporting requirements of the
Act are complied with.
``(h) Coordination With Other Agencies.--In carrying out
the programs under this section, the Secretary is encouraged
to use, to the maximum extent practicable, the expertise,
facilities, members, or personnel of established agencies and
organizations that have routine contact with vessels,
including the Animal and Plant Health Inspection Service of
the Department of Agriculture, the National Cargo Bureau,
port administrations, and ship pilots' associations.
``(i) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and
regulations promulgated under this section, the Secretary is
encouraged to consult with the Government of Canada, the
Government of Mexico, and any other government of a foreign
country that the Secretary, in consultation with the Task
Force, determines to be necessary to develop and implement an
effective international program for preventing the
unintentional introduction and spread of nonindigenous
species.
``(j) International Cooperation.--The Secretary, in
cooperation with the International Maritime Organization of
the United Nations and the Commission on Environmental
Cooperation established pursuant to the North American Free
Trade Agreement, is encouraged to enter into negotiations
with the governments of foreign countries to develop and
implement an effective international program for preventing
the unintentional introduction and spread of nonindigenous
species.
``(k) Safety Exemption.--
``(1) Master discretion.--The master of a vessel is not
required to conduct a ballast water exchange if the master
decides that the exchange would threaten the safety or
stability of the vessel, its crew, or its passengers because
of adverse weather, vessel architectural design, equipment
failure, or any other extraordinary conditions.
``(2) Other requirements.--A 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
unless the Secretary issues requirements applicable to such
vessel under subsection (b)(2)(B)(ii), (b)(2)(B)(iii),
(c)(2)(D)(ii), or (c)(2)(D)(iii).
``(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 shall--
``(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:
[[Page H10921]]
``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.
``(a) Department of Defense Vessels.--Subject to
operational conditions, the Secretary of Defense, in
consultation with the Secretary, the Task Force, and the
International Maritime Organization, shall implement a
ballast water management program for seagoing vessels of the
Department of Defense to minimize the risk of introduction of
nonindigenous species from releases of ballast water.
``(b) Coast Guard Vessels.--Subject to operational
conditions, the Secretary, in consultation with the Task
Force and the International Maritime Organization, shall
implement a ballast water management program for seagoing
vessels of the Coast Guard to minimize the risk of
introduction of nonindigenous species from releases of
ballast water.
``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
``(a) Technologies and Practices Defined.--For purposes of
this section, the term `technologies and practices' means
those technologies and practices that--
``(1) may be retrofitted--
``(A) on existing vessels or incorporated in new vessel
designs; and
``(B) on existing land-based ballast water treatment
facilities;
``(2) may be designed into new water treatment facilities;
``(3) are operationally practical;
``(4) are safe for a vessel and crew;
``(5) are environmentally sound;
``(6) are cost-effective;
``(7) a vessel operator is capable of monitoring; and
``(8) are effective against a broad range of aquatic
nuisance species.
``(b) Demonstration Program.--
``(1) In general.--During the 18-month period beginning on
the date that funds are made available by appropriations
pursuant to section 1301(e), the Secretary of the Interior
and the Secretary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate technologies
and practices to prevent aquatic nonindigenous species from
being introduced into and spread through ballast water in the
Great Lakes and other waters of the United States.
``(2) Location.--The installation and construction of the
technologies and practices used in the demonstration program
conducted under this subsection shall be performed in the
United States.
``(3) Vessel selection.--In demonstrating technologies and
practices on vessels under this subsection, the Secretary of
the Interior and the Secretary of Commerce, shall--
``(A) use only vessels that--
``(i) are approved by the Secretary;
``(ii) have ballast water systems conducive to testing
aboard-vessel or land-based technologies and practices
applicable to a significant number of merchant vessels; and
``(iii) are--
``(I) publicly or privately owned; and
``(II) in active use for trade or other cargo shipment
purposes during the demonstration;
``(B) select vessels for participation in the program by
giving priority consideration--
``(i) first, to vessels documented under chapter 121 of
title 46, United States Code;
``(ii) second, to vessels that are a majority owned by
citizens of the United States, as determined by the
Secretary; and
``(iii) third, to any other vessels that regularly call on
ports in the United States; and
``(C) seek to use a variety of vessel types, including
vessels that--
``(i) call on ports in the United States and on the Great
Lakes; and
``(ii) are operated along major coasts of the United States
and inland waterways, including the San Francisco Bay and
Chesapeake Bay.
``(4) Selection of technologies and practices.--In
selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the
Secretary of Commerce shall give priority consideration to
technologies and practices identified as promising by the
National Research Council Marine Board of the National
Academy of Sciences in its report on ships' ballast water
operations issued in July 1996.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Invasive Species Act of 1996, the
Secretary of the Interior and the Secretary of Commerce shall
prepare and submit a report to the Congress on the
demonstration program conducted pursuant to this section. The
report shall include findings and recommendations of the
Secretary of the Interior and the Secretary of Commerce
concerning technologies and practices.
``(c) Authorities; Consultation and Cooperation With
International Maritime Organization and Task Force.--
``(1) Authorities.--In conducting the demonstration program
under subsection (b), the Secretary of the Interior may--
``(A) enter into cooperative agreements with appropriate
officials of other agencies of the Federal Government,
agencies of States and political subdivisions thereof, and
private entities;
``(B) accept funds, facilities, equipment, or personnel
from other Federal agencies; and
``(C) accept donations of property and services.
``(2) Consultation and cooperation.--The Secretary of the
Interior shall consult and cooperate with the International
Maritime Organization and the Task Force in carrying out this
section.''.
(e) Amendments to Subtitle C.--
(1) Subtitle heading.--The heading to subtitle C (16 U.S.C.
4721 et seq.) is amended to read as follows:
``Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal''.
(2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of paragraph (5);
(ii) by redesignating paragraph (6) as paragraph (7); and
(iii) by inserting after paragraph (5) the following new
paragraph:
``(6) the Secretary of Agriculture; and''; and
(B) in subsection (c), by inserting ``the Chesapeake Bay
Program, the San Francisco Bay-Delta Estuary Program,''
before ``and State agencies''.
(3) Research program.--Section 1202 (16 U.S.C. 4722) is
amended--
(A) in subsection (f)(1)(A), by inserting ``and impacts''
after ``economic risks''; and
(B) in subsection (i)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--The Task Force'' and
inserting the following:
``(1) Zebra mussel.--
``(A) In general.--The Task Force'';
(II) by striking ``(A) research'' and inserting the
following:
``(i) research'';
(III) by striking ``(B) tracking'' and inserting the
following:
``(ii) tracking'';
(IV) by striking ``(C) development'' and inserting the
following:
``(iii) development''; and
(V) by striking ``(D) provision'' and inserting the
following:
``(iv) provision'';
(ii) in paragraph (2), by striking ``(2) Public facility
research and development.--'' and inserting the following:
``(B) Public facility research and development.--'';
(iii) in subparagraph (B) of paragraph (1), as so
redesignated, by striking the first sentence and inserting
the following: ``The Assistant Secretary, in consultation
with the Task Force, shall develop a program of research,
technology development, and demonstration for the
environmentally sound control of zebra mussels in and around
public facilities.'';
(iv) in paragraph (1), by adding after subparagraph (B), as
so redesignated, the following new subparagraph:
``(C) Voluntary guidelines.--Not later than 1 year after
the date of enactment of this subparagraph, the Task Force
shall develop and submit to the Secretary voluntary
guidelines for controlling the spread of the zebra mussel
and, if appropriate, other aquatic nuisance species through
recreational activities, including boating and fishing. Not
later than 4 months after the date of such submission, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines that are based
on the guidelines developed by the Task Force under this
subparagraph.''; and
(v) by adding at the end the following new paragraphs:
``(2) Dispersal containment analysis.--
``(A) Research.--The Administrator of the Environmental
Protection Agency, in cooperation with the National Science
Foundation and the Task Force, shall provide research grants
on a competitive basis for projects that--
``(i) identify environmentally sound methods for
controlling the dispersal of aquatic nuisance species, such
as the zebra mussel; and
``(ii) adhere to research protocols developed pursuant to
subsection (f)(2).
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Environmental Protection
Agency to carry out this paragraph, $500,000.
``(3) Dispersal barrier demonstration.--
``(A) In general.--The Assistant Secretary, in consultation
with the Task Force, shall investigate and identify
environmentally sound methods for preventing and reducing the
dispersal of aquatic nuisance species between the Great
Lakes-Saint Lawrence drainage and the Mississippi River
drainage through the Chicago River Ship and Sanitary Canal,
including any of those methods that could be incorporated
into the operation or construction of the lock system of the
Chicago River Ship and Sanitary Canal.
``(B) Report.--Not later than 18 months after the date of
enactment of this paragraph, the Assistant Secretary shall
issue a report to the Congress that includes recommendations
concerning--
``(i) which of the methods that are identified under the
study conducted under this paragraph are most promising with
respect to preventing and reducing the dispersal of aquatic
nuisance species; and
``(ii) ways to incorporate those methods into ongoing
operations of the United States Army Corps of Engineers that
are conducted at the Chicago River Ship and Sanitary Canal.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Department of the Army,
to carry out this paragraph, $750,000.
``(4) Contributions.--To the extent allowable by law, in
carrying out the studies under paragraphs (2) and (3), the
Administrator of the Environmental Protection
[[Page H10922]]
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
[[Page H10923]]
``(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 subsection:
``(e) Ballast Water Management Demonstration Program.--
There are authorized to be appropriated $2,500,000 to carry
out section 1104.''.
(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.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York [Mr. Boehlert] and the gentleman from Tennessee [Mr. Clement] each
will control 20 minutes.
The Chair recognizes the gentleman from New York [Mr. Boehlert].
Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this broadly supported bipartisan legislation, and I
stress, broadly supported and bipartisan legislation, was introduced
and championed by Mr. LaTourette. It builds upon the 1990 act that
addressed zebra mussels and other invasive species in the Great Lakes.
H.R. 3217 is national in scope, extending a voluntary incentive-based
approach to all coasts and regions at risk. Whether you call them
invasive, exotic or nonindigenous, these species of plants, animals and
invertebrates can wreak havoc on infrastructure, on commerce, on
recreation and tourism, and the environment.
H.R. 3217 coordinates agencies, research institutions and others to
prevent and control the introduction and spread of invasive species
primarily through voluntary ballast water exchange and management
education and research.
The Committee on Transportation and Infrastructure's report on H.R.
3217 provides a detailed description of the bill and our committee's
intent.
Changes have been made in the suspension motion. In brief, these
changes improve the bill by: incorporating recommendations by other
committees on matters ranging from research grants and peer review to
NOAA and the Smithsonian Institution; ensuring a fair and reasonable
transition from voluntary guidelines to regulations, if necessary;
tailoring the scope and content of the guidelines to account for
special factors and situations; targeting research funding and
assistance to additional areas at risk in the West; and ensuring the
master of the vessel continues to have discretion to ensure the health
and safety of the crew and the vessel.
Finally, I would be remiss if I did not thank some of the members of
the committees instrumental in moving this important legislation. But
more than anyone else, the gentleman from Ohio [Mr. LaTourette] is
responsible for this bill and its movement through the House. He has
worked with all interests to build broadly supported legislation. He
has also worked closely with his colleagues from Ohio and in the other
body, Senator Glenn, who worked on the 1990 law and the companion
Senate bill to H.R. 3217.
Mr. Speaker, I do not want anyone to think that because of all the
hard work on this that Mr. LaTourette is one-dimensional. He has
cosponsored and been a leader in a number of legislative vehicles in
this session of Congress dealing with the Great Lakes. Let me point out
that the Great Lakes incorporate 20 percent of the world's fresh water
surface water. So Mr. LaTourette has proven by performance very early
in his distinguished career that he is a leader and a good legislator.
We have had the Committee on Transportation and Infrastructure
members who also deserve a great deal of congratulations for their
efforts, particularly the gentleman from Minnesota [Mr. Oberstar], the
ranking member of the full committee. The chairman and ranking member
of the Subcommittee on Water Resources and Environment, the gentleman
from Pennsylvania [Mr. Borski], who is my ranking member, and I am
privileged to serve as chair of that subcommittee, and the chairman and
ranking member of the Subcommittee on Coast Guard and Maritime
Transportation, the gentleman from North Carolina [Mr. Coble], and the
gentleman from Tennessee [Mr. Clement].
Other committees have been helpful as well, particularly the
Committee on Resources, also the Committee on Science, the Committee on
House Oversight, the Committee on International Relations, the
Committee on National Security and the Committee on Agriculture. I
think you get the picture here. Everyone worked together on this one,
and Mr. LaTourette is the guy who brought everyone together.
Mr. Speaker, I strongly urge my colleagues to support this very
important legislation.
Mr. Speaker, I include for the Record a brief summary of the
manager's amendment, as follows:
H.R. 3217, National Invasive Species Act of 1996--Summary of Manager's
Amendment
The amendment in the nature of a substitute makes certain
minor changes to the bill to clarify certain exemptions, add
a requirement to report to Congress prior to issuing national
regulations, authorize additional research funding, address
comments made by other committees, and make other technical
and conforming changes.
A new subparagraph (K) is added to section 1101(c)(2) to
clarify the intent that passenger vessels equipped with
certain environmentally sound and protective ballast water
treatment systems be exempt from otherwise applicable
requirements to exchange ballast water. As noted in the
Committee Report, H. Rept. 104-815, certain passenger vessels
use sodium hyprochlorate solutions or metal electrolytic
cathodes to kill undesirable organisms in ballast water.
Passenger vessels equipped with such treatment systems are
exempt from any requirement to exchange ballast water, unless
the Secretary of Transportation determines that such ballast
water treatment systems are not as environmentally sound and
effective as ballast water exchange.
A new subparagraph (L) also is added to section 1101(c)(2)
to codify an exemption from the national voluntary guidelines
for crude oil tankers engaged in coastwide trade from Alaska.
Under the laws of some states, these tankers are forbidden to
travel within the exclusive economic zone (``EEZ''). By
obeying the laws of those states and traveling a short
distance outside the EEZ, these tankers could become subject
to requirements to exchange ballast water under this Act.
Such tankers have been engaged in coastwide trade for many
years with no known adverse effect on ecosystems in Alaska or
the West Coast. We expect the regional research funding
authorized under this bill for the Pacific Coast to be used
in part to conduct monitoring to verify that this remains
true.
The amendment adds a safety exemption from ballast water
change requirements under this Act in new section 1101(k).
This language codifies the existing exemption found in the
Great Lakes regulations and makes it applicable to any new
national regulations that may be issued. This exemption
applies only to a requirement under the Act to exchange
ballast water, and is based on the fact that ballast water
exchange may be unsafe for certain vessels. We note that the
bill authorizes the Secretary to identify other methods
of managing ballast water or other locations for ballast
water exchange. If safe and available, a vessel may be
required,
[[Page H10924]]
by regulation, following notice and an opportunity for
comment, to conduct such other ballast water management
practices as are identified by the Secretary, in
accordance with subsection (b) of the Act (for the Great
Lakes) or (c) and (e) of the Act (for other waters of the
United States). If no such alternative exists, a vessel
exercising the safety exemption may not be precluded from
discharging ballast. We also note that ballast water
exchange by many passengers vessels may be unsafe, and
such vessels also are likely to be eligible for the safety
exemption from ballast water exchange added by this new
paragraph (k).
The amendment also adds a requirement for the Secretary of
Transportation to submit a report to Congress in new section
1101(d), prior to issuing any national regulations under
section 1101(e). The purpose of this report is to provide
Congress with an opportunity to review compliance with and
the effectiveness of the national program for controlling
aquatic nuisance species, before the program becomes
enforceable regulations.
Several amendments are made to section 1102(e), relating to
the regional research grants. First, due to its status as one
of the most threatened estuaries, the amendment adds in
section 1102(e) an authorization of $750,000 a year for
research relating to the San Francisco Bay-Delta Estuary. The
reported bill included $500,000 for grants for research on
the Pacific Coast. We intend that the Pacific Coast funding
be used for research in Pacific Coast areas other than the
San Francisco Bay-Delta Estuary.
Second, because the Smithsonian does not generally act as a
granting entity, the money for the regional research grants
is authorized to be appropriated to the Under Secretary of
Commerce, to allow the National Oceanic and Atmospheric
Administration (NOAA) to act as the granting entity, rather
than the Smithsonian Institution.
Third, the amendment deletes references to specific
research consortia in section 1102(e) and elsewhere in the
bill. This change does not reflect any intent to preclude the
use of research consortia to assist in administering the
regional research grants authorized by section 1102(e) or
research under section 1202. The reported bill identified the
Chesapeake Bay Consortium, the Louisiana Universities
Consortium, and the Lake Champlain Research Consortium as
appropriate entities to administer research grants. We
encourage NOAA to make use of these research consortia in
carrying out the research authorized by this Act.
The amendment also makes minor changes to the authorization
of appropriations in section 1301(f). First, language is
added to the authorization of appropriations to NOAA for
aquatic nuisance species research to clarify the intent that
the authorization in this bill is not an increase above the
funding levels for all of NOAA's environmental research
authorization in H.R. 3322, should H.R. 3322 be enacted into
law.
Second, the amendment modifies the $4,000,000 a year
authorized in the reported bill to be appropriated to NOAA's
National Sea Grant College Program and land grant
agricultural colleges for competitive grants for university
research on aquatic nuisance species under section
1202(f)(3). The amendment clarifies this authorization by
specifically authorizing $2,800,000 for NOAA and $1,200,000
for the land grant colleges.
Mr. BOEHLERT. Mr. Speaker, I reserve the balance of my time.
Mr. CLEMENT. Mr. Speaker, I yield myself such time as I may consume.
It is a pleasure to be working with the gentleman from New York [Mr.
Boehlert] on this legislation. We now call him Mr. Bulldog because he
was honored for saving the taxpayers money, and we are proud of the
gentleman from New York.
Mr. Speaker, I rise in strong support of H.R. 3217, the National
Invasive Species Act of 1996. On July 17, the Subcommittee on Coast
Guard and Maritime Transportation and the Subcommittee on Water
Resources held a joint hearing on this important legislation.
While Members from the Great Lakes region were very aware of the
threat posed by foreign plants and animals that arrive in the United
States in the ballast tanks of ships, we received much testimony on the
ever growing threat that these nuisance species pose to communities
outside the Great Lakes Region. For example, the Corps of Engineers has
found that Zebra Mussels have spread from the Great Lakes region into
the Mississippi River system and into my home state of Tennessee.
Congress enacted the Nonindegenous Aquatic Nuisance Prevention and
Control of 1990 to address these issues on the Great Lakes. It is now
time to expand this program nationally in order to protect our
ecosystems and our communities. These exotic animals and plants are
costing our communities additional money to keep our water and power
systems operating. They threaten our commercial and recreational
fisheries.
This bill will go a long way toward preventing the spread of existing
aquatic nuisance species and the introduction of new species. Among the
major accomplishments of this bill are:
Requiring voluntary guidelines will be developed to prevent the
spread of all types of aquatic nuisance species by recreational vessels
including zebra mussels.
Helping us develop and implement new technologies to prevent ships
from further polluting our waters with these creatures.
Helping State and local governments coordinate their efforts in this
fight with the various Federal agencies that are involved.
Requiring the Aquatic Nuisance Species Task Force to conduct
ecological surveys of the Chesapeake Bay, San Francisco Bay, Honolulu
Harbor, Prince William Sound, and other waters that may be highly
susceptible to invasion by aquatic nuisance species from ballast water
operations and other operations of vessels.
Establishing a ballast water management demonstration program to
demonstrate technologies and practices to prevent aquatic nuisance
species from being introduced and spread through ballast water in the
Great Lakes and other waters of the United States.
Encouraging the formation of Regional panels to form and participate
in activities to control introduction of aquatic nuisance species in
their region.
Establishing a competitive research grant program on aquatic nuisance
species prevention and control for the Chesapeake Bay, the Gulf of
Mexico, the Pacific Coast, and the Atlantic Coast.
And providing continued funding for the 1990 Nonindigenous Aquatic
Nuisance Prevention and Control program.
Mr. Speaker, this is a very bipartisan bill. Aquatic Nuisance Species
can affect all of our communities. I believe that H.R. 3217 will help
prevent other communities around the country from having to incur the
costs and environmental damage that we have throughout the Great Lakes.
I therefore urge my colleagues to support the passage of H.R. 3217, the
National Invasive Species Act of 1996.
Mr. Speaker, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio [Mr. LaTourette], the author and prime mover of
this bill.
Mr. LaTOURETTE. I very much thank the gentleman from New York [Mr.
Boehlert] for yielding me this time, and thank him also for those kind
words.
Mr. Speaker, I want to add my thanks to Chairman Shuster, the
chairman of our full Committee on Transportation and Infrastructure,
for helping expedite consideration of H.R. 3217 together with the
gentleman from Minnesota [Mr. Oberstar], the ranking member, and also
the ranking members of the other two subcommittees. This would not have
been possible without the leadership of the gentleman from New York
[Mr. Boehlert], our chairman of the Subcommittee on Water Resources and
Environment.
I think it is also appropriate, and sometimes we do not take time to
thank the staff, not only the staff of the Transportation and
Infrastructure Committee but also the staff at the Northeast-Midwest
Institute and in particular a woman by the name of Allegra Cangelosi
who was talking about zebra mussels and its infestation in the Great
Lakes before many other people were even recognizing it as a problem
throughout the United States.
I have to praise all of the staff for working to gain a consensus of
the interested parties including maritime organizations, environmental
organizations, and water users throughout the coastal United States. It
is also appropriate to recognize that the Committee on Resources and
also the Committee on Science, which had jurisdiction over portions of
this legislation, worked hard to get together with the Transportation
and Infrastructure staff to present this final version before the House
today.
Mr. Speaker, there is an urgent need for this particular piece of
legislation. A single aquatic nuisance like the zebra mussel can
literally cost our economy billions of dollars. In Cleveland, OH, which
is just to the west of
[[Page H10925]]
the district which I have the honor of representing, the vessel that
brings in water from Lake Erie for our drinking water system becomes
encrusted and literally costs hundreds of thousands of dollars each
year to have the zebra mussels removed. Water users along the Great
Lakes experience a similar cost and a similar problem, and no one can
accurately predict where or when the next invasion will occur.
{time} 1715
The 1990 Invasive Species Act addressed the invasion of nonindigenous
species in the Great Lakes only. This bill expands the scope of the
1990 act to all waters of the United States. However, it does not take
the same regulatory approach. Instead of mandating ballast water
exchange, NISA begins with voluntary guidelines which will become
enforceable only if the Secretary of Transportation determines that the
maritime industry is not complying.
This approach gives the benefit of the doubt to the maritime
industry's intention to act in good faith while maintaining the teeth
of the bill to ensure that the program is taken seriously by all
affected parties.
This balanced, moderate approach has broad bipartisan support. There
are now 40 cosponsors to this legislation. There are some interests who
want an enforceable regulatory program immediately, while there are
others who only want voluntary guidelines with no possibility of
mandatory regulations. This bill chose to take the middle ground, the
compromise approach of requiring mandatory regulations only if they are
necessary.
The bill we are considering today includes both amendments passed by
the Committee on Transportation and Infrastructure, as well as
amendments subsequently worked out in consultation with the House
Committees on Resources, Science and Agriculture, with personnel staff,
with the Senate staff, and representatives of the maritime industries
and Federal agencies.
These amendments represent a compromise position which works to the
satisfaction of all involved parties, and I believe has the strongest
possibility and probability of being passed into law this Congress.
I sincerely urge my colleagues to support this bill. It takes major
steps to address the threat of invasion of aquatic nuisance species
into our Nation's waters. Again, I thank the gentleman from New York,
Chairman Boehlert, for his kind words and all Members for their
attention.
Mr. CLEMENT. Mr. Speaker, I yield such time as he may consume to the
outstanding gentleman from Minnesota [Mr. Oberstar], the ranking
Democrat on the Committee on Transportation and Infrastructure, who I
have had the opportunity to work with for a number of years.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me
time.
Mr. Speaker, we have got a good bill here, and I am proud to be a
cosponsor of it. I appreciate the initiative that the gentleman from
Ohio, Mr. LaTourette, has taken, in moving the bill initially, the work
that the gentleman from New York Chairman Boehlert, has undertaken on
our committee to move this legislation along, and the support that the
gentleman from Pennsylvania, Chairman Shuster, has demonstrated, and
the work that our ranking member, the gentleman from the inland
waterways, the gentleman from Tennessee, Mr. Clement. It shows the
great consensus that we can build and good legislation that can come in
response to a very serious problem, a very serious environmental
problem, that is a by-product of our enormous waterborne commerce.
It took about 130 years for the first devastating effect of an
invasive species to be felt upon the fisheries of the United States,
when in the mid-1950's the lake trout fishery on Lake Superior and Lake
Michigan plummeted dramatically from 3 million pounds of lake trout
caught in a year down to 300,000 pounds over a 2-year period, the light
fish fishery plummeted from nearly 2 million pounds to under 250,000
pounds in scarcely a year and a half.
Suddenly, the Great Lakes States, the Nation, realized there was an
ecological disaster at hand, and little understanding of what caused
it. And we found what caused it, the lamprey eel, first introduced into
the Great Lakes through the Welland Canal when it was opened to
commerce in 1829, carried in as part of ballast water, discharged into
the Great Lakes, and undisturbed, unchallenged by natural predators, it
grew to enormous proportions, and then in one 2-year period, devastated
a multimillion dollar fishery, now a multibillion dollar fishery.
Forever, we shall have to apply lampreycide to the estuaries of the
rivers discharging into the Great Lakes to control this invasive
species; we, Canada and the United States together, spending millions
of dollars a year, to correct a mistake.
You would think we had learned that the source of that aquatic
problem, aquatic disaster, was ballast water from foreign vessels
coming into the Great Lakes, but we did not. We did not take sufficient
control steps. And then came the zebra mussel, and the Eurasian
milfoil, and then the European ruffe, which is now one of the most
abundant fish in the harbors of Lake Superior, destroying other
species, eating up the forage for other species, crowding them out. And
there was a simple way to control this, and that is control the ballast
water.
That is what we did on the Great Lakes. It has taken 5 years for our
program of ballast water control to take hold in Great Lakes ports and
to begin to control these devastating, nonindigenous species.
In the meantime, the problem multiplied on the salt water ports of
the United States, as we have learned in the port of San Francisco,
where every 12 weeks a new nonindigenous species is introduced into
that harbor causing devastation upon the native species in their
harbor. And just a few miles from here, 3,000 miles across the
continent, in the Chesapeake Bay, we have nonindigenous species
introduced into this greatest of all the estuaries in the world, the
Chesapeake Bay, where over 100 nonindigenous species have been
introduced into those unique waters, where the fresh and the salt water
meet and create new forms of life, but not new forms of life introduced
by ballast water, because those forms of life are brought in without
native controls, without other environmental conditions that control
the growth of those species.
So how are we going to deal with this issue? Well, we have here a
legislative package that provides a framework for protecting our waters
against the spiny water flea, the purple lustrife, the zebra mussel
that I have already mentioned, and numbers of others, hundreds of other
species that wreak devastation upon our fisheries, upon our water
intakes, upon the quality of the waters, not just in the salt water
ports, not just in the Chesapeake Bay estuary, not just in the Great
Lakes waters themselves. But as fishermen go into the Great Lakes and
move their boats from the Great Lakes into inland lakes, they carry
these same species with them, and now we find zebra mussel spread all
through lakes in Michigan, Wisconsin, and Minnesota, reaching down into
the Mississippi River, and some of the zebra mussels are now being
found as far south as New Orleans.
We have to use good judgment, learn from the past, and put into
effect control measures that are reasonable, that will do the job
effectively, and that is what this legislation does. It strikes a
balance, as the gentleman from Ohio said so well and the gentleman from
New York, not a hard regulatory program right from the outset, although
frankly, given the experience we have had in the Great Lakes, I would
welcome such a program.
I think we need to get tough right from the outset, because we know
what the problem is, we know what to do with it. But this is a balance.
We have struck a balance between a totally voluntary program on one
hand and a regulatory program on the other.
This legislation expands the scope of the 1990 Great Lakes law that
is now coming to be effective in controlling ballast water in the Great
Lakes, to apply it to the salt water ports as well, a voluntary
national ballast exchange program under which the vessels that operate
outside of the exclusive economic zone exchange their ballast, purge
the nonindigenous species in the high waters of the oceans, and thereby
prevent their introduction into U.S. harbors.
But we also recognize that there are safety problems. The newer
vessels in
[[Page H10926]]
the international ocean trades have chambered ballast control measures.
They can empty one chamber, fill it, and then empty another chamber and
refill it, without endangering the safety of the vessel. Older vessels
do not have that same ability. They have to pump all the ballast out at
once on one side and load it with new ballast and then move to another
side. So there are safety concerns about the stability of the vessel
under those conditions, particularly if you have rough waters.
So the legislation recognizes that the safety of the crew or
passengers or safety and stability of the vessel is paramount. So if
the master of the vessel determines it would be unsafe to exchange
ballast water under existing weather conditions or other conditions,
then the judgment of the master of the vessel is paramount and ballast
exchange is not required.
But our legislation does say that when a regulatory program is in
place, and goodness knows, experience on the Great Lakes means it will
take 5 years, then you have to comply with those regulations, but even
then the judgment of the master of the vessel is paramount.
The legislation does keep in place our very effective and strong
Great Lakes program. It authorizes continued funding for invasive
species prevention programs, provides for demonstration programs and
new technologies such as filtration for preventing the spread of
invasive species in U.S. waters.
Since ballast water exchange is not a feasible control technique once
the species are already into the Great Lakes, new technologies are
critical to prevent the spread of dangerous species into the Great
Lakes.
I just want to address another matter that has been added late in our
negotiating process and which I fully support, and that is for our
colleague from the great State of Alaska, the chairman of the Committee
on Resources, Mr. Young, who has had a lot of experience with crude oil
tankers engaged in the coastwide trade.
The exemption included in this legislation is based on our
understanding that the current practice of these oil tankers is to
discharge their ballast into tanks where the ballast water is treated,
thereby avoiding the discharge of nonindigenous species into U.S. salt
water harbors. It is our expectation that crude oil tankers will
continue their practice of treating their ballast water prior to
discharge.
For these and for many other reasons that I will not go into at this
point in order to save time, I think we have a good piece of
legislation here. It will prevent the introduction of new time bombs
into the salt water ports of this country. It will strengthen our
ability to prevent introduction of new aquatic time bombs into the
Great Lakes and the other inland waters of the United States, and it
will give us tools to protect and take control of our own environment.
Mr. Speaker, I urge the passage of this legislation.
Mr. BOEHLERT. Mr. Speaker, I am pleased to yield 5 minutes to the
gentleman from Michigan, Dr. Ehlers, who is an interesting person to
speak on this legislation, because he also serves as a member of the
Committee on Science. He is a Ph.D., he is a fellow of the American
Physical Society, so he brings a scientific background to his analysis
of this very important legislation, and he also represents a State that
the Great Lakes are very important to.
Mr. EHLERS. Mr. Speaker, I thank the gentleman for yielding time and
for his kind words.
Mr. Speaker, there is a very important environmental principle, first
publicized by Garrett Hardin some 30 years ago, that states: ``You
cannot do just one thing.'' We as a Nation have had to learn that the
hard way. We thought we could simply apply DDT everywhere and eliminate
a number of insects in this country. It did not work that way.
First of all, the insects developed resistance and were not
eliminated, but secondly, we found the DDT was affecting many organisms
other than insects and we eventually had to ban it.
We have also learned that principle with issues, such as the public
works projects which we are proud of in this Nation. And one of those
projects was opening the St. Lawrence Seaway, which was a boon to my
State of Michigan. But my State of Michigan also touches 4 of the 5
Great Lakes. So if anything goes wrong, we are affected more than any
other State.
Things did go wrong. You have already heard from the gentleman from
Minnesota about the lamprey eel, and now the zebra mussel. The zebra
mussel certainly has hit Michigan harder than any other State. Yet when
I arrived in the Congress, last year a bill came up which would zero
out zebra mussel funding.
This funding was regarded as a laughingstock by those who were
proposing zeroing it out. They thought it was another government
boondoggle. I told them before this session ended they would probably
have zebra mussels in their district. They do indeed now have problems
with them.
Mr. Speaker, the problem is serious, and I am very pleased to get up
and lend my support to this bill, because this bill is a very good
first step at addressing the problems we face with invasive species. It
is not just the lamprey eel, and it is not just the zebra mussel, which
we now estimate is costing the Nation approximately $2 billion in
cleanup costs every year; it is a matter of stopping all the future
invasive species of one sort or another that create trouble not just in
the Great Lakes, but in many parts of this Nation.
In addition to that, there is an even greater danger looming on the
horizon, and that danger is bacterial contamination. Already we have
evidence of some cholera appearing in some of the sea water ports of
this Nation, and there is little to prevent them from also getting into
the fresh water ports.
As you know, that is a disease which we are not used to dealing with
in this Nation. It manifests itself primarily in Third World countries.
We are not sure how we would address it. Clearly it is important to
stop that disease before it even begins.
{time} 1730
For those reasons and many more, I am pleased to lend my strong
support to this bill and urge that this Congress pass this bill as soon
as possible.
Mr. CLEMENT. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan, Mr. Bart Stupak, who represents three of the
five Great Lakes.
Mr. STUPAK. Mr. Speaker, I thank the gentleman from Tennessee [Mr.
Clement] for yielding me this time.
Mr. Speaker, the National Invasive Species Act is an extremely
important bill that reauthorizes and improves the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 to protect the fragile
ecosystems of U.S. waterways by further preventing the introduction and
spread of aquatic nuisance species.
As the gentleman from Tennessee said, my district does border in part
three of the five Great Lakes, and aquatic nuisance species are a
threat to our aquatic ecosystem and the overall health of the Great
Lakes and our economic vitality as a region.
Aquatic nuisance species are a serious threat to our water systems
and the natural balance of our ecosystems. In the Great Lakes region
alone, the zebra mussel, the sea lamprey, and the round goby are
severely threatening the fishing industry of the Great Lakes and
causing millions of dollars in damages to drinking and sewer systems.
A recent study of the Office of Technology Assessment estimates that
the power industry alone will spend more than $3 billion over the next
10 years just to control zebra mussel infestation in the water intake
systems of the Great Lakes.
These species are not only invading our Great Lakes region but, as
has been pointed out, the zebra mussel is rapidly spreading across the
United States, having been found in the Mississippi Valley, the Gulf
Coast, the Chesapeake Bay, and in locations as far as away as
California, both inland and in coastal waters.
H.R. 3217 will provide the vital resources for communities to combat
this damaging invasion. Through the implementation of a national
voluntary ballast management program for vessels visiting U.S. ports,
as the gentleman from Minnesota [Mr. Oberstar] has stated, this bill
will reduce the threat of aquatic nuisance species by eliminating their
mode of transportation.
Mr. Speaker, the National Invasive Species Act will greatly benefit
the environment, industry, and the public by
[[Page H10927]]
authorizing funding for fighting as well as improving the methods to
fight the introduction and spread of invasive species in U.S. Waters.
Finally, I want to extend my thank you to the gentleman from Ohio
[Mr. LaTourette], the gentleman from Minnesota [Mr. Oberstar], the
gentleman from Tennessee [Mr. Clement], the gentleman from New York
[Mr. Boehlert], the gentleman from North Carolina [Mr. Coble], and the
gentleman from Pennsylvania [Mr. Borski], for moving forward this
important legislation. I urge the passage of H.R. 3217.
Mr. DINGELL. Mr. Speaker, I rise today as a cosponsor and strong
supporter of H.R. 3217, the National Invasive Species Act.
As a cochair of the House Great Lakes Task Force and a citizen of the
Great Lakes State, I know all too well how much damage can be caused by
nonindigenous, or non-native, nuisance species. Even as our Great Lakes
have made a tremendous comeback from industrial and other pollution as
a result of the Clean Water Act, we continue to see a significant
threat from biological invasions. Over the past few decades these
invasions have included the sea lamprey, the zebra mussel, and the
Eurasian ruffe.
My colleagues may remember the lively floor debate that took place
during consideration of the Commerce-Justice-State appropriations bill
over funding for sea lamprey control. The sea lamprey is an eel-like
creature that attaches itself to lake fish. With federal assistance, we
have been somewhat successful at controlling sea lamprey infestation,
meaning the preservation of a multi-billion dollar fishery. Despite the
best efforts of the Great Lakes Fishery Commission (GLFC), however, the
lamprey still exist in the lakes and remain a threat to be controlled.
Most commonly known today is the zebra mussel, which became widely
known in 1989 when millions of the mussels became encrusted in the
water intake in Monroe, MI, threatening Monroe's water supplies for
several days. Since that time, the mussel has clogged other water
supply intakes on American and Canadian shores, creating drinking water
shortages and public safety hazards. Power plants, industrial cooling
operations, and other large water users now spend an average of almost
$400,000 per year to keep their investments clear of the zebra mussel.
Since 1989, the zebra mussel has spread throughout much of the
nation, threatening waterways from coast to coast. According to Dr.
Alfred M. Beeton, Acting Chief Scientist at that National Oceanic and
Atmospheric Administration (NOAA), the rapid growth of the zebra mussel
has caused not only added business costs for big industry, but for
small intakes as well. The filtering activities of the zebra mussel,
while increasing water clarity, have taken away desirable algae by 86
percent while helping bring the amount of native clams in Lake Erie and
Lake St. Clair to near-extinction.
As a result of the Great Lakes problem, Congress passed the Non-
Indigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L.
101-646). While this act has been successful, more efforts are needed
to help States and communities nationwide control the biological
integrity of their waters. The National Invasive Species Act will
achieve that by establishing a national ballast plan for ships entering
our seaports, lakes, and rivers. It also authorizes greatly needed
funding to further research ways to prevent and control the growth of
nonindigenous species.
This research will be carried out in part by the Great Lakes
Environmental Research Laboratory (GLERL) in Ann Arbor, MI, in
cooperation with several universities under the National Sea Grant
College Program and other agencies.
Mr. Speaker, the National Invasive Species Act provides necessary
help to States, cities, and industry while helping protect our native
plant, animal and aquatic species. I urge my colleagues to support its
passage.
Mr. CLEMENT. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BOEHLERT. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gunderson). The question is on the
motion offered by the gentleman from New York [Mr. Boehlert] that the
House suspend the rules and pass the bill, H.R. 3217, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________