[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H12146-H12152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL INVASIVE SPECIES ACT OF 1996

  Mr. BOEHLERT. Mr. Speaker, I ask unanimous consent that the Committee 
on Transportation and Infrastructure and the Committee on Resources be 
discharged from further consideration of the bill (H.R. 4283) 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, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?

                             {time}   2300

  Mr. OBERSTAR. Mr. Speaker, reserving the right to object, the bill 
before us is nearly identical to the Invasive Species Act that the 
House passed by voice vote earlier this week, except for limited 
amendments requested by the other body. I continue to have some 
concerns about at least one of those changes, but on balance those 
concerns are outweighed by the net gains to the Great Lakes region and 
to the rest of the Nation from this legislation.
  One of the concerns I have is a major concern with the application of 
this legislation to the salt water ports, and with our chairman 
managing this bill, and with his deep concern for environmental issues, 
I do want to ask the gentleman from New York [Mr. Boehlert] for a 
commitment that we will examine these issues in the proper detail that 
they deserve in the coming Congress.
  (Mr. OBERTSTAR asked and was given permission to revise and extend 
his remarks.)
  Mr. BOEHLERT. Mr. Speaker, if the gentleman would yield, my colleague 
has those assurances.
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, I will not object to passage of the National Invasive 
Species Act of 1996. The bill before us now is nearly identical to the 
Invasive Species bill that the House passed by voice vote earlier this 
week, except for limited amendments which have been requested by the 
other body. I continue to have some concerns regarding one of those 
changes, but on balance, those concerns are outweighed by the net gains 
to the Great Lakes region and to the Nation from this bill being signed 
into law this Congress.
  This bill will contribute toward preventing further invasions by, and 
the spread of, nonindigenous aquatic species. It builds on the very 
successful program in the Great Lakes, which was developed under the 
1990 ``Nonindigenous Aquatic Nuisance Prevention and Control Act,'' and 
expands the scope of the law to the entire Nation.
  Also of critical importance, the bill should promote the development 
of new technologies, recognizing the limitations of ballast exchange in 
preventing the spread of invasive species that already have been 
introduced into the Great Lakes and other U.S. waters.
  We all have a great deal at stake in passage of this bill this year. 
Passage of this bill into law will:
  Help prevent further unnecessary devastation of our most valuable 
fisheries, as has happened repeatedly in my district in the Duluth-
Superior Harbor, in the Great Lakes, and is at risk of happening in the 
Chesapeake Bay, the San Francisco Bay Delta Estuary, the Gulf of 
Mexico, and other of our most treasured ecosystems;
  Avoid public and private expenditures of millions of dollars a year 
on clearing zebra mussels from intake pipes and water treatment 
systems, increasing the cost of providing water and electricity to our 
citizens; and help preserve native species and the natural biodiversity 
of our Nation's aquatic ecosystems.
  Finally, this bill includes certain exemptions which concern me. I 
intend to further examine these provisions and their impacts when we 
return next year. Along those lines, I would like to clarify that 
nothing in the bill supersedes any requirement or prohibition under any 
other law pertaining to the discharge or exchange of ballast water, 
including any conditions for lifting the export ban on Alaska North 
Slope crude oil.
  I will not object to passage of this bill.
  Mr. OBERSTAR. Mr. Speaker, further reserving the right to object, I 
yield to the gentleman from Ohio [Mr. LaTourette] and compliment him 
for the leadership that he has taken on authoring this legislation, 
which I am proud to cosponsor and for moving it along.
  (Mr. LaTOURETTE asked and was given permission to revise and extend 
his remarks.)
  Mr. LaTOURETTE. Mr. Speaker, I thank the gentleman from Minnesota 
[Mr. Oberstar] for yielding, and I thank him because he has gone above 
and beyond reaching across the aisle to make sure we can get this done. 
I thank the gentleman from Pennsylvania [Mr. Shuster], the gentleman 
from Pennsylvania [Mr. Borski], but most of all I thank the gentleman 
from New York [Mr. Boehlert] without whose persistence and shepherding 
we would not be here, and I thank his staff, in particular Ben 
Grumbles.
  Also, Mr. Speaker, it happens to be Chairman Boehlert's birthday and 
I am not going to hold him up any longer. I would hope that we could 
all support this bill and I thank all my colleagues for making it 
happen.
  Mr. Speaker, I rise in strong support of H.R. 4283, the National 
Invasive Species Act, as amended by the Senate. We arrive at this point 
today due to strong bipartisan cooperation. Many concerns were raised 
about the potential impact of the Senate amendments. After careful 
review, I am pleased to report that the Senate amendments will not 
compromise the fundamental purpose and goals of H.R. 4283.
  H.R. 4283 will build upon the Nonaquatic Nuisance Prevention and 
Control Act of 1990 that addressed zebra mussels and other invasive 
species in the Great Lakes. However, it is important to note that H.R. 
4283 is national in scope, extending a voluntary incentive-based 
approach to all coasts and regions at risk. H.R. 4283 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.

[[Page H12147]]

  Mr. Speaker, we are in the closing minutes, so I will make my 
comments brief. I would like to thank Mr. Shuster for his tireless 
efforts moving H.R. 4283. Additionally, I would like to extend my 
thanks to Ranking Member Oberstar for his support and Ranking Member of 
the Water Resources Subcommittee Mr. Borski for his time and attention 
on this issue. Mr. Speaker, we would not be here today without the 
stewardship and persistence of the chairman of the Water Resources 
Subcommittee, Mr. Boehlert, my sincere thanks to him.

  I would also like to thank the cosponsor of H.R. 4283.
  I would also like to thank our colleagues in the Senate, especially 
the senior Senator from Ohio, Senator Glenn, a Great Lakes champion who 
has been a catalyst on this issue.
  Mr. Speaker, I would be remiss if I did not take time to thank the 
staffers who, unfortunately, do not get near the credit they deserve. 
These men and women have spent countless hours on H.R. 4283, and they 
have my deep appreciation and my thanks. I would hate to leave someone 
out, but let me thank Rochelle Sturtevant of my staff, Ben Grumbles of 
the Water Resources Subcommittee, the staff of the House Committee on 
Resources, the House Committee on Science, as well as Allegra Cangelosi 
of the Northeast-Midwest Institute.
  Mr. Speaker, I ask my colleagues to support this truly bipartisan 
effort that will prevent other areas throughout our Nation from facing 
the costs and environmental damage that we in the Great Lakes have 
witnessed.
  Mr. OBERSTAR. Mr. Speaker, I join in unexpectedly wishing a happy and 
well deserved birthday to my good friend from New York.
  Mr. BOEHLERT. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, I strongly urge my colleagues to support the National 
Invasive Species Act of 1996.
  Mr. OBERSTAR. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Hansen). Is there objection to the 
request of the gentleman from New York?
  There was no objection.
  The Clerk read the bill as follows:

                               H.R. 4283

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) In General.--This Act may be cited as the ``National 
     Invasive Species Act of 1996''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.).

     SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE 
                   PREVENTION AND CONTROL ACT OF 1990.

       (a) Findings; Definitions.--
       (1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is 
     amended--
       (A) by striking paragraphs (2) and (3) and inserting the 
     following new paragraphs:
       ``(2) when environmental conditions are favorable, 
     nonindigenous species become established, may compete with or 
     prey upon native species of plants, fish, and wildlife, may 
     carry diseases or parasites that affect native species, and 
     may disrupt the aquatic environment and economy of affected 
     nearshore areas;
       ``(3) the zebra mussel was unintentionally introduced into 
     the Great Lakes and has infested--
       ``(A) waters south of the Great Lakes, into a good portion 
     of the Mississippi River drainage;
       ``(B) waters west of the Great Lakes, into the Arkansas 
     River in Oklahoma; and
       ``(C) waters east of the Great Lakes, into the Hudson River 
     and Lake Champlain;'';
       (B) in paragraph (4)--
       (i) by inserting ``by the zebra mussel and ruffe, round 
     goby, and other nonindigenous species'' after ``other 
     species''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (D) by adding at the end the following new paragraphs:
       ``(6) in 1992, the zebra mussel was discovered at the 
     northernmost reaches of the Chesapeake Bay watershed;
       ``(7) the zebra mussel poses an imminent risk of invasion 
     in the main waters of the Chesapeake Bay;
       ``(8) since the Chesapeake Bay is the largest recipient of 
     foreign ballast water on the East Coast, there is a risk of 
     further invasions of other nonindigenous species;
       ``(9) the zebra mussel is only one example of thousands of 
     nonindigenous species that have become established in waters 
     of the United States and may be causing economic and 
     ecological degradation with respect to the natural resources 
     of waters of the United States;
       ``(10) since their introduction in the early 1980's in 
     ballast water discharges, ruffe--
       ``(A) have caused severe declines in populations of other 
     species of fish in Duluth Harbor (in Minnesota and 
     Wisconsin);
       ``(B) have spread to Lake Huron; and
       ``(C) are likely to spread quickly to most other waters in 
     North America if action is not taken promptly to control 
     their spread;
       ``(11) examples of nonindigenous species that, as of the 
     date of enactment of the National Invasive Species Act of 
     1996, infest coastal waters of the United States and that 
     have the potential for causing adverse economic and 
     ecological effects include--
       ``(A) the mitten crab (Eriocher sinensis) that has become 
     established on the Pacific Coast;
       ``(B) the green crab (Carcinus maenas) that has become 
     established in the coastal waters of the Atlantic Ocean;
       ``(C) the brown mussel (Perna perna) that has become 
     established along the Gulf of Mexico; and
       ``(D) certain shellfish pathogens;
       ``(12) many aquatic nuisance vegetation species, such as 
     Eurasian watermilfoil, hydrilla, water hyacinth, and water 
     chestnut, have been introduced to waters of the United States 
     from other parts of the world causing or having a potential 
     to cause adverse environmental, ecological, and economic 
     effects;
       ``(13) if preventive management measures are not taken 
     nationwide to prevent and control unintentionally introduced 
     nonindigenous aquatic species in a timely manner, further 
     introductions and infestations of species that are as 
     destructive as, or more destructive than, the zebra mussel or 
     the ruffe infestations may occur;
       ``(14) once introduced into waters of the United States, 
     aquatic nuisance species are unintentionally transported and 
     introduced into inland lakes and rivers by recreational 
     boaters, commercial barge traffic, and a variety of other 
     pathways; and
       ``(15) resolving the problems associated with aquatic 
     nuisance species will require the participation and 
     cooperation of the Federal Government and State governments, 
     and investment in the development of prevention 
     technologies.''.
       (2) Definitions.--Section 1003 (16 U.S.C. 4702) is 
     amended--
       (A) by striking paragraph (1) and redesignating paragraphs 
     (2) through (8) as paragraphs (1) through (7), respectively;
       (B) in paragraph (2), as redesignated by subparagraph (A) 
     of this paragraph, by striking ``assistant Secretary'' and 
     inserting ``Assistant Secretary'';
       (C) by redesignating paragraphs (9) through (15) as 
     paragraphs (11) through (17), respectively; and
       (D) by inserting after paragraph (7), as redesignated by 
     subparagraph (A) of this paragraph, the following:
       ``(8) `Great Lakes region' means the 8 States that border 
     on the Great Lakes;
       ``(9) `Indian tribe' means any Indian tribe, band, nation, 
     or other organized group or community, including any Alaska 
     Native village or regional corporation (as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible 
     for the special programs and services provided by the United 
     States to Indians because of their status as Indians;
       ``(10) `interstate organization' means an entity--
       ``(A) established by--
       ``(i) an interstate compact that is approved by Congress;
       ``(ii) a Federal statute; or
       ``(iii) a treaty or other international agreement with 
     respect to which the United States is a party; and
       ``(B)(i) that represents 2 or more--
       ``(I) States or political subdivisions thereof; or
       ``(II) Indian tribes; or
       ``(ii) that represents--
       ``(I) 1 or more States or political subdivisions thereof; 
     and
       ``(II) 1 or more Indian tribes; or
       ``(iii) that represents the Federal Government and 1 or 
     more foreign governments; and
       ``(C) has jurisdiction over, serves as forum for 
     coordinating, or otherwise has a role or responsibility for 
     the management of, any land or other natural resource;''.
       (b) Aquatic Nuisance Species Control Program.--
       (1) Amendment to heading.--The heading to subtitle B (16 
     U.S.C. 4711 et seq.) is amended to read as follows:
      ``Subtitle B--Prevention of Unintentional Introductions of 
                    Nonindigenous Aquatic Species''.
       (2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 
     4711) is amended to read as follows:

     ``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED 
                   STATES.

       ``(a) Great Lakes Guidelines.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary shall issue voluntary 
     guidelines to prevent the introduction and spread of aquatic 
     nuisance species into the Great Lakes through the exchange of 
     ballast water of vessels prior to entering those waters.
       ``(2) Content of guidelines.--The guidelines issued under 
     this subsection shall--
       ``(A) ensure to the maximum extent practicable that ballast 
     water containing aquatic nuisance species is not discharged 
     into the Great Lakes;
       ``(B) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;

[[Page H12148]]

       ``(C) take into consideration different vessel operating 
     conditions; and
       ``(D) be based on the best scientific information 
     available.
       ``(b) Regulations.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Task Force, shall issue regulations to prevent the 
     introduction and spread of aquatic nuisance species into the 
     Great Lakes through the ballast water of vessels.
       ``(2) Content of regulations.--The regulations issued under 
     this subsection shall--
       ``(A) apply to all vessels equipped with ballast water 
     tanks that enter a United States port on the Great Lakes 
     after operating on the waters beyond the exclusive economic 
     zone;
       ``(B) require a vessel to--
       ``(i) carry out exchange of ballast water on the waters 
     beyond the exclusive economic zone prior to entry into any 
     port within the Great Lakes;
       ``(ii) carry out an exchange of ballast water in other 
     waters where the exchange does not pose a threat of 
     infestation or spread of aquatic nuisance species in the 
     Great Lakes and other waters of the United States, as 
     recommended by the Task Force under section 1102(a)(1); or
       ``(iii) use environmentally sound alternative ballast water 
     management methods if the Secretary determines that such 
     alternative methods are as effective as ballast water 
     exchange in preventing and controlling infestations of 
     aquatic nuisance species;
       ``(C) not affect or supersede any requirements or 
     prohibitions pertaining to the discharge of ballast water 
     into waters of the United States under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.);
       ``(D) provide for sampling procedures to monitor compliance 
     with the requirements of the regulations;
       ``(E) prohibit the operation of a vessel in the Great Lakes 
     if the master of the vessel has not certified to the 
     Secretary or the Secretary's designee by not later than the 
     departure of that vessel from the first lock in the St. 
     Lawrence Seaway that the vessel has complied with the 
     requirements of the regulations;
       ``(F) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;
       ``(G) take into consideration different operating 
     conditions; and
       ``(H) be based on the best scientific information 
     available.
       ``(3) Additional regulations.--In addition to promulgating 
     regulations under paragraph (1), the Secretary, in 
     consultation with the Task Force, shall, not later than 
     November 4, 1994, issue regulations to prevent the 
     introduction and spread of aquatic nuisance species into the 
     Great Lakes through ballast water carried on vessels that 
     enter a United States port on the Hudson River north of the 
     George Washington Bridge.
       ``(4) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     regulations issued under this subsection.
       ``(c) Voluntary National Guidelines.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the National Invasive Species Act of 1996, and 
     after providing notice and an opportunity for public comment, 
     the Secretary shall issue voluntary guidelines to prevent the 
     introduction and spread of nonindigenous species in waters of 
     the United States by ballast water operations and other 
     operations of vessels equipped with ballast water tanks.
       ``(2) Content of guidelines.--The voluntary guidelines 
     issued under this subsection shall--
       ``(A) ensure to the maximum extent practicable that aquatic 
     nuisance species are not discharged into waters of the United 
     States from vessels;
       ``(B) apply to all vessels equipped with ballast water 
     tanks that operate in waters of the United States;
       ``(C) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;
       ``(D) direct a vessel that is carrying ballast water into 
     waters of the United States after operating beyond the 
     exclusive economic zone to--
       ``(i) carry out the exchange of ballast water of the vessel 
     in waters beyond the exclusive economic zone;
       ``(ii) exchange the ballast water of the vessel in other 
     waters where the exchange does not pose a threat of 
     infestation or spread of nonindigenous species in waters of 
     the United States, as recommended by the Task Force under 
     section 1102(a)(1); or
       ``(iii) use environmentally sound alternative ballast water 
     management methods, including modification of the vessel 
     ballast water tanks and intake systems, if the Secretary 
     determines that such alternative methods are at least as 
     effective as ballast water exchange in preventing and 
     controlling infestations of aquatic nuisance species;
       ``(E) direct vessels to carry out management practices that 
     the Secretary determines to be necessary to reduce the 
     probability of unintentional nonindigenous species transfer 
     resulting from--
       ``(i) ship operations other than ballast water discharge; 
     and
       ``(ii) ballasting practices of vessels that enter waters of 
     the United States with no ballast water on board;
       ``(F) provide for the keeping of records that shall be 
     submitted to the Secretary, as prescribed by the guidelines, 
     and that shall be maintained on board each vessel and made 
     available for inspection, upon request of the Secretary and 
     in a manner consistent with subsection (i), in order to 
     enable the Secretary to determine compliance with the 
     guidelines, including--
       ``(i) with respect to each ballast water exchange referred 
     to in clause (ii), reporting on the precise location and 
     thoroughness of the exchange; and
       ``(ii) any other information that the Secretary considers 
     necessary to assess the rate of effective compliance with the 
     guidelines;
       ``(G) provide for sampling procedures to monitor compliance 
     with the guidelines;
       ``(H) take into consideration--
       ``(i) vessel types;
       ``(ii) variations in the characteristics of point of origin 
     and receiving water bodies;
       ``(iii) variations in the ecological conditions of waters 
     and coastal areas of the United States; and
       ``(iv) different operating conditions;
       ``(I) be based on the best scientific information 
     available;
       ``(J) not affect or supersede any requirements or 
     prohibitions pertaining to the discharge of ballast water 
     into waters of the United States under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.); and
       ``(K) provide an exemption from ballast water exchange 
     requirements to passenger vessels with operating ballast 
     water systems that are equipped with treatment systems 
     designed to kill aquatic organisms in ballast water, unless 
     the Secretary determines that such treatment systems are less 
     effective than ballast water exchange at reducing the risk of 
     transfers of invasive species in the ballast water of 
     passenger vessels; and
       ``(L) not apply to crude oil tankers engaged in the 
     coastwise trade.
       ``(3) Education and technical assistance programs.--Not 
     later than 1 year after the date of enactment of the National 
     Invasive Species Act of 1996, the Secretary shall carry out 
     education and technical assistance programs and other 
     measures to encourage compliance with the guidelines issued 
     under this subsection.
       ``(d) Report to Congress.--Not sooner than 24 months after 
     the date of issuance of guidelines pursuant to subsection (c) 
     and not later than 30 months after such date, and after 
     consultation with interested and affected persons, the 
     Secretary shall prepare and submit to Congress a report 
     containing the information required pursuant to paragraphs 
     (1) and (2) of subsection (e).
       ``(e) Periodic Review and Revision.--
       ``(1) In general.--Not later than 3 years after the date of 
     issuance of guidelines pursuant to subsection (c), and not 
     less frequently than every 3 years thereafter, the Secretary 
     shall, in accordance with criteria developed by the Task 
     Force under paragraph (3)--
       ``(A) assess the compliance by vessels with the voluntary 
     guidelines issued under subsection (c) and the regulations 
     promulgated under this Act;
       ``(B) establish the rate of compliance that is based on the 
     assessment under subparagraph (A);
       ``(C) assess the effectiveness of the voluntary guidelines 
     and regulations referred to in subparagraph (A) in reducing 
     the introduction and spread of aquatic nuisance species by 
     vessels; and
       ``(D) as necessary, on the basis of the best scientific 
     information available--
       ``(i) revise the guidelines and regulations referred to in 
     subparagraph (A);
       ``(ii) promulgate additional regulations pursuant to 
     subsection (f)(1); or
       ``(iii) carry out each of clauses (i) and (ii).
       ``(2) Special review and revision.--Not later than 90 days 
     after the Task Force makes a request to the Secretary for a 
     special review and revision for coastal and inland waterways 
     designated by the Task Force, the Secretary shall--
       ``(A) conduct a special review of guidelines and 
     regulations applicable to those waterways in accordance with 
     the review procedures under paragraph (1); and
       ``(B) as necessary, in the same manner as provided under 
     paragraph (1)(D)--
       ``(i) revise those guidelines;
       ``(ii) promulgate additional regulations pursuant to 
     subsection (f)(1); or
       ``(iii) carry out each of clauses (i) and (ii).
       ``(3) Criteria for effectiveness.--Not later than 18 months 
     after the date of enactment of the National Invasive Species 
     Act of 1996, the Task Force shall submit to the Secretary 
     criteria for determining the adequacy and effectiveness of 
     the voluntary guidelines issued under subsection (c).
       ``(f) Authority of Secretary.--
       ``(1) General regulations.--If, on the basis of a periodic 
     review conducted under subsection (e)(1) or a special review 
     conducted under subsection (e)(2), the Secretary determines 
     that--
       ``(A) the rate of effective compliance (as determined by 
     the Secretary) with the guidelines issued pursuant to 
     subsection (c) is inadequate; or
       ``(B) the reporting by vessels pursuant to those guidelines 
     is not adequate for the Secretary to assess the compliance 
     with those guidelines and provide a rate of compliance of 
     vessels, including the assessment of the

[[Page H12149]]

     rate of compliance of vessels under subsection (e)(2),
     the Secretary shall promptly promulgate regulations that meet 
     the requirements of paragraph (2).
       ``(2) Requirements for regulations.--The regulations 
     promulgated by the Secretary under paragraph (1)--
       ``(A) shall--
       ``(i) not be promulgated sooner than 180 days following the 
     issuance of the report to Congress submitted pursuant to 
     subsection (d);
       ``(ii) make mandatory the requirements included in the 
     voluntary guidelines issued under subsection (c); and
       ``(iii) provide for the enforcement of the regulations; and
       ``(B) may be regional in scope.
       ``(3) International regulations.--The Secretary shall 
     revise regulations promulgated under this subsection to the 
     extent required to make such regulations consistent with the 
     treatment of a particular matter in any international 
     agreement, agreed to by the United States, governing 
     management of the transfer of nonindigenous aquatic species 
     by vessel.
       ``(g) Sanctions.--
       ``(1) Civil penalties.--Any person who violates a 
     regulation promulgated under subsection (b) or (f) shall be 
     liable for a civil penalty in an amount not to exceed 
     $25,000. Each day of a continuing violation constitutes a 
     separate violation. A vessel operated in violation of the 
     regulations is liable in rem for any civil penalty assessed 
     under this subsection for that violation.
       ``(2) Criminal penalties.--Any person who knowingly 
     violates the regulations promulgated under subsection (b) or 
     (f) is guilty of a class C felony.
       ``(3) Revocation of clearance.--Upon request of the 
     Secretary, the Secretary of the Treasury shall withhold or 
     revoke the clearance of a vessel required by section 4197 of 
     the Revised Statutes (46 U.S.C. App. 91), if the owner or 
     operator of that vessel is in violation of the regulations 
     issued under subsection (b) or (f).
       ``(4) Exception to sanctions.--This subsection does not 
     apply to a failure to exchange ballast water if--
       ``(A) the master of a vessel, acting in good faith, decides 
     that the exchange of ballast water will threaten the safety 
     or stability of the vessel, its crew, or its passengers; and
       ``(B) the recordkeeping and reporting requirements of the 
     Act are complied with.
       ``(h) Coordination With Other Agencies.--In carrying out 
     the programs under this section, the Secretary is encouraged 
     to use, to the maximum extent practicable, the expertise, 
     facilities, members, or personnel of established agencies and 
     organizations that have routine contact with vessels, 
     including the Animal and Plant Health Inspection Service of 
     the Department of Agriculture, the National Cargo Bureau, 
     port administrations, and ship pilots' associations.
       ``(i) Consultation With Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines issued and 
     regulations promulgated under this section, the Secretary is 
     encouraged to consult with the Government of Canada, the 
     Government of Mexico, and any other government of a foreign 
     country that the Secretary, in consultation with the Task 
     Force, determines to be necessary to develop and implement an 
     effective international program for preventing the 
     unintentional introduction and spread of nonindigenous 
     species.
       ``(j) International Cooperation.--The Secretary, in 
     cooperation with the International Maritime Organization of 
     the United Nations and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of nonindigenous 
     species.
       ``(k) Safety Exemption.--
       ``(1) Master discretion.--The master of a vessel is not 
     required to conduct a ballast water exchange if the master 
     decides that the exchange would threaten the safety or 
     stability of the vessel, its crew, or its passengers because 
     of adverse weather, vessel architectural design, equipment 
     failure, or any other extraordinary conditions.
       ``(2) Other requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a vessel that does not exchange ballast water on the high 
     seas under paragraph (1) shall not be restricted from 
     discharging ballast water in any harbor.
       ``(B) Great lakes.--Subparagraph (A) shall not apply in a 
     case in which a vessel is subject to the regulations issued 
     by the Secretary under subsection (b).
       ``(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.''.
       (3) Crude oil tanker ballast facility Study.--(A) Within 60 
     days of the date of enactment of this Act, the Secretary of 
     the department in which the Coast Guard is operating, in 
     consultation with the Under Secretary of Commerce for Oceans 
     and Atmosphere, affected shoreside ballast water facility 
     operators, affected crude oil tanker operators, and 
     interested parties, shall initiate a study of the 
     effectiveness of existing shoreside ballast water facilities 
     used by crude oil tankers in the coastwise trade off Alaska 
     in preventing the introduction of nonindigenous aquatic 
     species into the waters off Alaska, as well as the cost and 
     feasibility of modifying such facilities to improve such 
     effectiveness.
       (B) The study required under subparagraph (A) shall be 
     submitted to the Congress by no later than October 1, 1997.
       (c) National Ballast Water Management Information.--Section 
     1102 (16 U.S.C. 4712) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT 
                   INFORMATION.'';

       (2) in subsection (a)--
       (A) in paragraphs (1) and (2), by inserting ``, in 
     cooperation with the Secretary,'' before ``shall conduct'' 
     each place it appears;
       (B) in paragraph (2), by inserting ``Lake Champlain and 
     other'' after ``economic uses of'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Ecological and Ballast Water Discharge Surveys.--
       ``(1) Ecological surveys.--
       ``(A) In general.--The Task Force, in cooperation with the 
     Secretary, shall conduct ecological surveys of the Chesapeake 
     Bay, San Francisco Bay, and Honolulu Harbor and, as 
     necessary, of other estuaries of national significance and 
     other waters that the Task Force determines--
       ``(i) to be highly susceptible to invasion by aquatic 
     nuisance species resulting from ballast water operations and 
     other operations of vessels; and
       ``(ii) to require further study.
       ``(B) Requirements for surveys.--In conducting the surveys 
     under this paragraph, the Task Force shall, with respect to 
     each such survey--
       ``(i) examine the attributes and patterns of invasions of 
     aquatic nuisance species; and
       ``(ii) provide an estimate of the effectiveness of ballast 
     water management and other vessel management guidelines 
     issued and regulations promulgated under this subtitle in 
     abating invasions of aquatic nuisance species in the waters 
     that are the subject of the survey.
       ``(2) Ballast water discharge surveys.--
       ``(A) In general.--The Secretary, in cooperation with the 
     Task Force, shall conduct surveys of ballast water discharge 
     rates and practices in the waters referred to in paragraph 
     (1)(A) on the basis of the criteria under clauses (i) and 
     (ii) of such paragraph.
       ``(B) Requirements for surveys.--In conducting the surveys 
     under this paragraph, the Secretary shall--
       ``(i) examine the rate of, and trends in, ballast water 
     discharge in the waters that are the subject of the survey; 
     and
       ``(ii) assess the effectiveness of voluntary guidelines 
     issued, and regulations promulgated, under this subtitle in 
     altering ballast water discharge practices to reduce the 
     probability of accidental introductions of aquatic nuisance 
     species.
       ``(3) Columbia river.--The Secretary, in cooperation with 
     the Task Force and academic institutions in each of the 
     States affected, shall conduct an ecological and ballast 
     water discharge survey of the Columbia River system 
     consistent with the requirements of paragraphs (1) and 
     (2).''; and
       (4) by adding at the end the following new subsections:
       ``(e) Regional Research Grants.--Out of amounts 
     appropriated to carry out this subsection for a fiscal year, 
     the Under Secretary may--
       ``(1) make available not to exceed $750,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the Chesapeake Bay through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(2) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the Gulf of Mexico through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(3) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     for the Pacific Coast through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(4) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     for the Atlantic Coast through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions; and
       ``(5) make available not to exceed $750,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the San Francisco Bay-Delta Estuary through grants, to be 
     competitively awarded and subject to peer review, to 
     universities and research institutions.
       ``(f) National Ballast Information Clearinghouse.--
       ``(1) In general.--The Secretary shall develop and 
     maintain, in consultation and cooperation with the Task Force 
     and the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center), a clearinghouse 
     of national data concerning--
       ``(A) ballasting practices;
       ``(B) compliance with the guidelines issued pursuant to 
     section 1101(c); and
       ``(C) any other information obtained by the Task Force 
     under subsection (b).

[[Page H12150]]

       ``(2) Report.--In consultation and cooperation with the 
     Task Force and the Smithsonian Institution (acting through 
     the Smithsonian Environmental Research Center), the Secretary 
     shall prepare and submit to the Task Force and the Congress, 
     on a biannual basis, a report that synthesizes and analyzes 
     the data referred to in paragraph (1) relating to--
       ``(A) ballast water delivery and management; and
       ``(B) invasions of aquatic nuisance species resulting from 
     ballast water.''.
       (d) Armed Services Ballast Water Program; Ballast Water 
     Management Demonstration Program.--Subtitle B (16 U.S.C. 4701 
     et seq.) is amended by adding at the end the following new 
     sections:

     ``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

       ``(a) Department of Defense Vessels.--Subject to 
     operational conditions, the Secretary of Defense, in 
     consultation with the Secretary, the Task Force, and the 
     International Maritime Organization, shall implement a 
     ballast water management program for seagoing vessels of the 
     Department of Defense to minimize the risk of introduction of 
     nonindigenous species from releases of ballast water.
       ``(b) Coast Guard Vessels.--Subject to operational 
     conditions, the Secretary, in consultation with the Task 
     Force and the International Maritime Organization, shall 
     implement a ballast water management program for seagoing 
     vessels of the Coast Guard to minimize the risk of 
     introduction of nonindigenous species from releases of 
     ballast water.

     ``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

       ``(a) Technologies and Practices Defined.--For purposes of 
     this section, the term `technologies and practices' means 
     those technologies and practices that--
       ``(1) may be retrofitted--
       ``(A) on existing vessels or incorporated in new vessel 
     designs; and
       ``(B) on existing land-based ballast water treatment 
     facilities;
       ``(2) may be designed into new water treatment facilities;
       ``(3) are operationally practical;
       ``(4) are safe for a vessel and crew;
       ``(5) are environmentally sound;
       ``(6) are cost-effective;
       ``(7) a vessel operator is capable of monitoring; and
       ``(8) are effective against a broad range of aquatic 
     nuisance species.
       ``(b) Demonstration Program.--
       ``(1) In general.--During the 18-month period beginning on 
     the date that funds are made available by appropriations 
     pursuant to section 1301(e), the Secretary of the Interior 
     and the Secretary of Commerce, with the concurrence of and in 
     cooperation with the Secretary, shall conduct a ballast water 
     management demonstration program to demonstrate technologies 
     and practices to prevent aquatic nonindigenous species from 
     being introduced into and spread through ballast water in the 
     Great Lakes and other waters of the United States.
       ``(2) Location.--The installation and construction of the 
     technologies and practices used in the demonstration program 
     conducted under this subsection shall be performed in the 
     United States.
       ``(3) Vessel selection.--In demonstrating technologies and 
     practices on vessels under this subsection, the Secretary of 
     the Interior and the Secretary of Commerce, shall--
       ``(A) use only vessels that--
       ``(i) are approved by the Secretary;
       ``(ii) have ballast water systems conducive to testing 
     aboard-vessel or land-based technologies and practices 
     applicable to a significant number of merchant vessels; and
       ``(iii) are--

       ``(I) publicly or privately owned; and
       ``(II) in active use for trade or other cargo shipment 
     purposes during the demonstration;

       ``(B) select vessels for participation in the program by 
     giving priority consideration--
       ``(i) first, to vessels documented under chapter 121 of 
     title 46, United States Code;
       ``(ii) second, to vessels that are a majority owned by 
     citizens of the United States, as determined by the 
     Secretary; and
       ``(iii) third, to any other vessels that regularly call on 
     ports in the United States; and
       ``(C) seek to use a variety of vessel types, including 
     vessels that--
       ``(i) call on ports in the United States and on the Great 
     Lakes; and
       ``(ii) are operated along major coasts of the United States 
     and inland waterways, including the San Francisco Bay and 
     Chesapeake Bay.
       ``(4) Selection of technologies and practices.--In 
     selecting technologies and practices for demonstration under 
     this subsection, the Secretary of the Interior and the 
     Secretary of Commerce shall give priority consideration to 
     technologies and practices identified as promising by the 
     National Research Council Marine Board of the National 
     Academy of Sciences in its report on ships' ballast water 
     operations issued in July 1996.
       ``(5) Report.--Not later than 3 years after the date of 
     enactment of the National Invasive Species Act of 1996, the 
     Secretary of the Interior and the Secretary of Commerce shall 
     prepare and submit a report to the Congress on the 
     demonstration program conducted pursuant to this section. The 
     report shall include findings and recommendations of the 
     Secretary of the Interior and the Secretary of Commerce 
     concerning technologies and practices.
       ``(c) Authorities; Consultation and Cooperation With 
     International Maritime Organization and Task Force.--
       ``(1) Authorities.--In conducting the demonstration program 
     under subsection (b), the Secretary of the Interior may--
       ``(A) enter into cooperative agreements with appropriate 
     officials of other agencies of the Federal Government, 
     agencies of States and political subdivisions thereof, and 
     private entities;
       ``(B) accept funds, facilities, equipment, or personnel 
     from other Federal agencies; and
       ``(C) accept donations of property and services.
       ``(2) Consultation and cooperation.--The Secretary of the 
     Interior shall consult and cooperate with the International 
     Maritime Organization and the Task Force in carrying out this 
     section.''.
       (e) Amendments to Subtitle C.--
       (1) Subtitle heading.--The heading to subtitle C (16 U.S.C. 
     4721 et seq.) is amended to read as follows:
   ``Subtitle C--Prevention and Control of Aquatic Nuisance Species 
                              Dispersal''.
       (2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
       (A) in subsection (b)--
       (i) by striking ``and'' at the end of paragraph (5);
       (ii) by redesignating paragraph (6) as paragraph (7); and
       (iii) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) the Secretary of Agriculture; and''; and
       (B) in subsection (c), by inserting ``the Chesapeake Bay 
     Program, the San Francisco Bay-Delta Estuary Program,'' 
     before ``and State agencies''.
       (3) Research program.--Section 1202 (16 U.S.C. 4722) is 
     amended--
       (A) in subsection (f)(1)(A), by inserting ``and impacts'' 
     after ``economic risks''; and
       (B) in subsection (i)--
       (i) in paragraph (1)--

       (I) by striking ``(1) In general.--The Task Force'' and 
     inserting the following:

       ``(1) Zebra mussel.--
       ``(A) In general.--The Task Force'';

       (II) by striking ``(A) research'' and inserting the 
     following:

       ``(i) research'';

       (III) by striking ``(B) tracking'' and inserting the 
     following:

       ``(ii) tracking'';

       (IV) by striking ``(C) development'' and inserting the 
     following:

       ``(iii) development''; and

       (V) by striking ``(D) provision'' and inserting the 
     following:

       ``(iv) provision'';
       (ii) in paragraph (2), by striking ``(2) Public facility 
     research and development.--'' and inserting the following:
       ``(B) Public facility research and development.--'';
       (iii) in subparagraph (B) of paragraph (1), as so 
     redesignated, by striking the first sentence and inserting 
     the following: ``The Assistant Secretary, in consultation 
     with the Task Force, shall develop a program of research, 
     technology development, and demonstration for the 
     environmentally sound control of zebra mussels in and around 
     public facilities.'';
       (iv) in paragraph (1), by adding after subparagraph (B), as 
     so redesignated, the following new subparagraph:
       ``(C) Voluntary guidelines.--Not later than 1 year after 
     the date of enactment of this subparagraph, the Task Force 
     shall develop and submit to the Secretary voluntary 
     guidelines for controlling the spread of the zebra mussel 
     and, if appropriate, other aquatic nuisance species through 
     recreational activities, including boating and fishing. Not 
     later than 4 months after the date of such submission, and 
     after providing notice and an opportunity for public comment, 
     the Secretary shall issue voluntary guidelines that are based 
     on the guidelines developed by the Task Force under this 
     subparagraph.''; and
       (v) by adding at the end the following new paragraphs:
       ``(2) Dispersal containment analysis.--
       ``(A) Research.--The Administrator of the Environmental 
     Protection Agency, in cooperation with the National Science 
     Foundation and the Task Force, shall provide research grants 
     on a competitive basis for projects that--
       ``(i) identify environmentally sound methods for 
     controlling the dispersal of aquatic nuisance species, such 
     as the zebra mussel; and
       ``(ii) adhere to research protocols developed pursuant to 
     subsection (f)(2).
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency to carry out this paragraph, $500,000.
       ``(3) Dispersal barrier demonstration.--
       ``(A) In general.--The Assistant Secretary, in consultation 
     with the Task Force, shall investigate and identify 
     environmentally sound methods for preventing and reducing the 
     dispersal of aquatic nuisance species between the Great 
     Lakes-Saint Lawrence drainage and the Mississippi River 
     drainage through the Chicago River Ship and Sanitary Canal, 
     including any of those methods that could be incorporated 
     into the operation or construction of the lock system of the 
     Chicago River Ship and Sanitary Canal.
       ``(B) Report.--Not later than 18 months after the date of 
     enactment of this paragraph, the Assistant Secretary shall 
     issue a

[[Page H12151]]

     report to the Congress that includes recommendations 
     concerning--
       ``(i) which of the methods that are identified under the 
     study conducted under this paragraph are most promising with 
     respect to preventing and reducing the dispersal of aquatic 
     nuisance species; and
       ``(ii) ways to incorporate those methods into ongoing 
     operations of the United States Army Corps of Engineers that 
     are conducted at the Chicago River Ship and Sanitary Canal.
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of the Army, 
     to carry out this paragraph, $750,000.
       ``(4) Contributions.--To the extent allowable by law, in 
     carrying out the studies under paragraphs (2) and (3), the 
     Administrator of the Environmental Protection Agency and the 
     Secretary of the Army may enter into an agreement with an 
     interested party under which that party provides in kind or 
     monetary contributions for the study.
       ``(5) Technical assistance.--The Great Lakes Environmental 
     Research Laboratory of the National Oceanic and Atmospheric 
     Administration shall provide technical assistance to 
     appropriate entities to assist in the research conducted 
     pursuant to this subsection.''.
       (4) Implementation.--Section 1202(j)(1) (16 U.S.C. 
     4722(j)(1)) is amended by striking ``Not later than 18 months 
     after the date of the enactment of this Act, the Director'' 
     and inserting ``The Director, the Secretary,''.
       (5) Regional Coordination.--Section 1203 (16 U.S.C. 4723) 
     is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 1203. REGIONAL COORDINATION.'';

       (B) in subsection (a)--
       (i) by striking ``(a) In General.--Not'' and inserting the 
     following:
       ``(a) Great Lakes Panel.--
       ``(1) In general.--Not'';
       (ii) by striking ``(1) identify'' and inserting the 
     following:
       ``(A) identify'';
       (iii) by striking ``(2) make'' and inserting the following:
       ``(B) make'';
       (iv) by striking ``(3) assist'' and inserting the 
     following:
       ``(C) assist'';
       (v) by striking ``(4) coordinate'' and inserting the 
     following:
       ``(D) coordinate'';
       (vi) by striking ``(5) provide'' and inserting the 
     following:
       ``(E) provide'';
       (vii) by striking ``(6) submit'' and inserting the 
     following:
       ``(F) submit'';
       (viii) in paragraph (1), as so redesignated--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``region'' before ``representatives''; and
       (II) in subparagraphs (A) through (F), by striking ``Great 
     Lakes'' each place it appears and inserting ``Great Lakes 
     region'';

       (C) by striking ``(b) Consultation.--The Task Force'' and 
     inserting the following:
       ``(2) Consultation.--The Task Force'';
       (D) by striking ``(c) Canadian Participation.--The panel'' 
     and inserting the following:
       ``(3) Canadian participation.--The panel'';
       (E) in paragraphs (2) and (3) of subsection (a), as so 
     redesignated, by striking ``this section'' and inserting 
     ``this subsection''; and
       (F) by adding at the end the following new subsections:
       ``(b) Western Regional Panel.--Not later than 30 days after 
     the date of enactment of the National Invasive Species Act of 
     1996, the Task Force shall request a Western regional panel, 
     comprised of Western region representatives from Federal, 
     State, and local agencies and from private environmental and 
     commercial interests, to--
       ``(1) identify priorities for the Western region with 
     respect to aquatic nuisance species;
       ``(2) make recommendations to the Task Force regarding an 
     education, monitoring (including inspection), prevention, and 
     control program to prevent the spread of the zebra mussel 
     west of the 100th Meridian pursuant to section 1202(i) of 
     this Act;
       ``(3) coordinate, where possible, other aquatic nuisance 
     species program activities in the Western region that are not 
     conducted pursuant to this Act;
       ``(4) develop an emergency response strategy for Federal, 
     State, and local entities for stemming new invasions of 
     aquatic nuisance species in the region;
       ``(5) provide advice to public and private individuals and 
     entities concerning methods of preventing and controlling 
     aquatic nuisance species infestations; and
       ``(6) submit annually a report to the Task Force describing 
     activities within the Western region related to aquatic 
     nuisance species prevention, research, and control.
       ``(c) Additional Regional Panels.--The Task Force shall--
       ``(1) encourage the development and use of regional panels 
     and other similar entities in regions in addition to the 
     Great Lakes and Western regions (including providing 
     financial assistance for the development and use of such 
     entities) to carry out, with respect to those regions, 
     activities that are similar to the activities described in 
     subsections (a) and (b); and
       ``(2) cooperate with regional panels and similar entities 
     that carry out the activities described in paragraph (1).''.
       (6) State or interstate watershed aquatic nuisance species 
     management plan.--Section 1204 (16 U.S.C. 4724) is amended--
       (A) in subsection (a)--
       (i) by striking the subsection designation and heading and 
     inserting the following:
       ``(a) State or Interstate Invasive Species Management 
     Plans.--'';
       (ii) in paragraph (1)--

       (I) by striking the matter preceding subparagraph (A) and 
     inserting the following:

       ``(1) In general.--After providing notice and opportunity 
     for public comment, the Governor of each State may prepare 
     and submit, or the Governors of the States and the 
     governments of the Indian tribes involved in an interstate 
     organization, may jointly prepare and submit--'';

       (II) in subparagraph (A), by striking ``technical and 
     financial assistance'' and inserting ``technical, 
     enforcement, or financial assistance (or any combination 
     thereof)''; and
       (III) in subparagraphs (A) and (B), by inserting ``or 
     within the interstate region involved'' after ``within the 
     State'' each place it appears;

       (iii) in paragraph (2)--

       (I) in subparagraph (B), by striking ``and'' at the end of 
     the subparagraph;
       (II) by redesignating subparagraph (C) as subparagraph (D);
       (III) by inserting after subparagraph (B) the following:

       ``(C) identify any authority that the State (or any State 
     or Indian tribe involved in the interstate organization) does 
     not have at the time of the development of the plan that may 
     be necessary for the State (or any State or Indian tribe 
     involved in the interstate organization) to protect public 
     health, property, and the environment from harm by aquatic 
     nuisance species; and''; and

       (IV) in subparagraph (D), as so redesignated, by inserting 
     ``, and enabling legislation'' before the period;

       (iv) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by inserting ``or interstate organization'' after 
     ``the State''; and
       (bb) by inserting ``Indian tribes,'' after ``local 
     governments and regional entities,''; and

       (II) in subparagraph (B), by inserting ``or the appropriate 
     official of an interstate organization'' after ``a State''; 
     and

       (v) in paragraph (4), by inserting ``or the interstate 
     organization'' after ``the Governor'';
       (B) in subsection (b)(1)--
       (i) by striking ``or the Assistant Secretary, as 
     appropriate under subsection (a),''; and
       (ii) by striking ``approved management plans'' and 
     inserting ``management plans approved under subsection (a)''; 
     and
       (C) by adding at the end the following new subsection:
       ``(c) Enforcement Assistance.--Upon request of a State or 
     Indian tribe, the Director or the Under Secretary, to the 
     extent allowable by law and in a manner consistent with 
     section 141 of title 14, United States Code, may provide 
     assistance to a State or Indian tribe in enforcing an 
     approved State or interstate invasive species management 
     plan.''.
       (f) Authorizations of Appropriations.--Section 1301 (16 
     U.S.C. 4741) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking paragraph (3) and inserting the following;
       ``(3) to the Secretary to carry out section 1101--
       ``(A) $2,000,000 for each of fiscal years 1997 and 1998; 
     and
       ``(B) $3,000,000 for each of fiscal years 1999 through 
     2002;''; and
       (C) by adding at the end the following new paragraphs:
       ``(4) for each of fiscal years 1997 through 2002, to carry 
     out paragraphs (1) and (2) of section 1102(b)--
       ``(A) $1,000,000 to the Department of the Interior, to be 
     used by the Director; and
       ``(B) $1,000,000 to the Secretary; and
       ``(5) for each of fiscal years 1997 through 2002--
       ``(A) $3,000,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to the Under Secretary to carry out section 
     1102(e); and
       ``(B) $500,000 to the Secretary to carry out section 
     1102(f).'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1997 
     through 2002''; and
       (B) by striking paragraphs (1) through (7) and inserting 
     the following:
       ``(1) $6,000,000 to the Department of the Interior, to be 
     used by the Director to carry out sections 1202 and 1209;
       ``(2) $1,000,000 to the Department of Commerce, to be used 
     by the Under Secretary to carry out section 1202;
       ``(3) $1,625,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to fund aquatic nuisance species prevention and 
     control research under section 1202(i) at the Great Lakes 
     Environmental Research Laboratory of the National Oceanic and 
     Atmospheric Administration, of which $500,000 shall be made 
     available for grants, to be competitively awarded and subject 
     to peer review, for research relating to Lake Champlain;

[[Page H12152]]

       ``(4) $5,000,000 for competitive grants for university 
     research on aquatic nuisance species under section 1202(f)(3) 
     as follows:
       ``(A) $2,800,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to fund grants under section 205 of the National 
     Sea Grant College Program Act (33 U.S.C. 1124);
       ``(B) $1,200,000 to fund grants to colleges for the benefit 
     of agriculture and the mechanic arts referred to in the first 
     section of the Act of August 30, 1890 (26 Stat. 417, chapter 
     841; 7 U.S.C. 322); and
       ``(C) $1,000,000 to fund grants through the Cooperative 
     Fisheries and Wildlife Research Unit Program of the United 
     States Fish and Wildlife Service;
       ``(5) $3,000,000 to the Department of the Army, to be used 
     by the Assistant Secretary to carry out section 
     1202(i)(1)(B); and
       ``(6) $300,000 to the Department of the Interior, to be 
     used by the Director to fund regional panels and similar 
     entities under section 1203, of which $100,000 shall be used 
     to fund activities of the Great Lakes Commission.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Grants for State Management Programs.--There are 
     authorized to be appropriated for each of fiscal years 1997 
     through 2002 $4,000,000 to the Department of the Interior, to 
     be used by the Director for making grants under section 1204, 
     of which $1,500,000 shall be used by the Director, in 
     consultation with the Assistant Secretary, for management of 
     aquatic nuisance vegetation species.''; and
       (4) by adding at the end the following new subsections:
       ``(e) Ballast Water Management Demonstration Program.--
     There are authorized to be appropriated $2,500,000 to carry 
     out section 1104.
       ``(f) Research.--There are authorized to be appropriated to 
     the Director $1,000,000 to carry out research on the 
     prevention, monitoring, and control of aquatic nuisance 
     species in Narragansett Bay, Rhode Island. The funds shall be 
     made available for use by the Department of Environmental 
     Management of the State of Rhode Island.
       (g) References to Appropriate Committees.--The Act (16 
     U.S.C. 4701 et seq.) is amended by striking ``appropriate 
     Committees'' each place it appears and inserting 
     ``Congress''.
       (h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 
     4701 et seq.) is amended--
       (1) in titles I, II, and IV, by striking the quotation 
     marks at the beginning of any title, subtitle, section, 
     subsection, paragraph, subparagraph, clause, subclause, or 
     undesignated provision;
       (2) at the end of titles II and IV, by striking the closing 
     quotation marks and the final period; and
       (3) in section 1003--
       (A) by striking each single opening quotation mark and 
     inserting double opening quotation marks; and
       (B) by striking each single closing quotation mark and 
     inserting double closing quotations marks.

     SEC. 3. STATUTORY CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act is 
     intended to affect the authorities and responsibilities of 
     the Great Lakes Fishery Commission established under article 
     II of the Convention on Great Lakes Fisheries between the 
     United States of America and Canada, signed at Washington on 
     September 10, 1954 (hereafter in this section referred to as 
     the ``Convention''), including the authorities and 
     responsibilities of the Great Lakes Fishery Commission--
       (1) for developing and implementing a comprehensive program 
     for eradicating or minimizing populations of sea lamprey in 
     the Great Lakes watershed; and
       (2) carrying out the duties of the Commission specified in 
     the Convention (including any amendment thereto) and the 
     Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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