HR 1350 IHCommentsClose CommentsPermalink

To establish a collaborative program to protect the Great Lakes, and for other purposes.CommentsClose CommentsPermalink

March 6, 2007

Mr. EHLERS (for himself, Mr. EMANUEL, Mr. KIRK, Mr. DINGELL, Mr. REYNOLDS, Mr. LATOURETTE, Mr. WALBERG, Mrs. MILLER of Michigan, Mr. KNOLLENBERG, Mr. CAMP of Michigan, Mr. HOEKSTRA, Mr. UPTON, and Mr. STUPAK) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, Science and Technology, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To establish a collaborative program to protect the Great Lakes, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Great Lakes Collaboration Implementation Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

TITLE I--INVASIVE SPECIES PREVENTION

Subtitle A--National Aquatic Invasive Species

Chapter 1--Prevention of Introduction of Aquatic Invasive Species Into Waters of the United States by Vessels

Sec. 101. Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels.CommentsClose CommentsPermalink





Sec. 102. Armed Services whole vessel management program.CommentsClose CommentsPermalink

Chapter 2--Prevention of the Introduction of Aquatic Invasive Species by Other Pathways

Sec. 106. Priority pathway management program.CommentsClose CommentsPermalink





Sec. 107. Screening process for planned importations of live aquatic organisms.CommentsClose CommentsPermalink

Chapter 3--Early Detection; Rapid Response; Control and Outreach

Sec. 111. Early detection.CommentsClose CommentsPermalink





Sec. 112. Rapid response.CommentsClose CommentsPermalink





Sec. 113. Consolidation of barrier projects.CommentsClose CommentsPermalink





Sec. 114. Environmental soundness.CommentsClose CommentsPermalink





Sec. 115. Information, education, and outreach.CommentsClose CommentsPermalink

Chapter 4--Coordination

Sec. 116. Program coordination.CommentsClose CommentsPermalink





Sec. 117. International coordination.CommentsClose CommentsPermalink

Chapter 5--Authorization of Appropriations

Sec. 121. Authorization of appropriations.CommentsClose CommentsPermalink

Chapter 6--Conforming Amendments

Sec. 126. Conforming amendments.CommentsClose CommentsPermalink

Subtitle B--Aquatic Invasive Species Research

Sec. 141. Findings.CommentsClose CommentsPermalink





Sec. 142. Definitions.CommentsClose CommentsPermalink





Sec. 143. Coordination and implementation.CommentsClose CommentsPermalink





Sec. 144. Ecological and pathway research.CommentsClose CommentsPermalink





Sec. 145. Analysis.CommentsClose CommentsPermalink





Sec. 146. Dissemination.CommentsClose CommentsPermalink





Sec. 147. Technology development, demonstration, and verification.CommentsClose CommentsPermalink





Sec. 148. Research to support the setting and implementation of ship pathway standards.CommentsClose CommentsPermalink





Sec. 149. Research in systematics and taxonomy.CommentsClose CommentsPermalink





Sec. 150. State programs.CommentsClose CommentsPermalink

Subtitle C--Invasive Species Council

Sec. 161. Short title.CommentsClose CommentsPermalink





Sec. 162. Statement of policy regarding Federal duties.CommentsClose CommentsPermalink





Sec. 163. National Invasive Species Council.CommentsClose CommentsPermalink





Sec. 164. Duties.CommentsClose CommentsPermalink





Sec. 165. National Invasive Species Management Plan.CommentsClose CommentsPermalink





Sec. 166. Invasive Species Advisory Committee.CommentsClose CommentsPermalink





Sec. 167. Budget crosscut.CommentsClose CommentsPermalink





Sec. 168. Definitions.CommentsClose CommentsPermalink





Sec. 169. Existing Executive Order.CommentsClose CommentsPermalink





Sec. 170. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--COASTAL HEALTH

Sec. 201. Technical assistance.CommentsClose CommentsPermalink





Sec. 202. Sewer overflow control grants.CommentsClose CommentsPermalink





Sec. 203. Water pollution control revolving loan funds.CommentsClose CommentsPermalink





Sec. 204. Allotment of funds.CommentsClose CommentsPermalink





Sec. 205. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE III--AREAS OF CONCERN

Sec. 301. Great Lakes.CommentsClose CommentsPermalink

TITLE IV--CLEAN WATER AUTHORITY

Sec. 401. Definition of waters of the United States.CommentsClose CommentsPermalink





Sec. 402. Conforming amendments.CommentsClose CommentsPermalink

TITLE V--TOXIC SUBSTANCES

Sec. 501. Mercury reduction grants.CommentsClose CommentsPermalink

TITLE VI--INDICATORS AND INFORMATION

Subtitle A--Research Program

Sec. 601. Research reauthorizations.CommentsClose CommentsPermalink





Sec. 602. Great Lakes Environmental Research Laboratory.CommentsClose CommentsPermalink





Sec. 603. Great Lakes Science Center.CommentsClose CommentsPermalink





Sec. 604. Center for sponsored coastal ocean research.CommentsClose CommentsPermalink

Subtitle B--Ocean and Coastal Observation System

Sec. 611. Definitions.CommentsClose CommentsPermalink





Sec. 612. Integrated ocean and coastal observing system.CommentsClose CommentsPermalink





Sec. 613. Research, development, and education.CommentsClose CommentsPermalink





Sec. 614. Interagency financing.CommentsClose CommentsPermalink





Sec. 615. Application with Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink





Sec. 616. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 617. Reporting requirement.CommentsClose CommentsPermalink

Subtitle C--Great Lakes Water Quality Indicators and Monitoring

Sec. 621. Great Lakes water quality indicators and monitoring.CommentsClose CommentsPermalink

TITLE VII--SUSTAINABLE DEVELOPMENT

Sec. 701. Waterfront restoration and remediation projects.CommentsClose CommentsPermalink





Sec. 702. Authority of Secretary to restore and remediate waterfront and related areas.CommentsClose CommentsPermalink





Sec. 703. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VIII--COORDINATION AND OVERSIGHT

Sec. 801. Definitions.CommentsClose CommentsPermalink





Sec. 802. Great Lakes Interagency Task Force.CommentsClose CommentsPermalink





Sec. 803. Executive Committee.CommentsClose CommentsPermalink





Sec. 804. Great Lakes Regional Collaboration.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the Great Lakes, with about 20 percent of the Earth's fresh surface water, is a treasure of global significance, supporting drinking water for millions of people, providing for commerce, and recreation for people from across the Nation and around the world;CommentsClose CommentsPermalink





(2) renewed efforts and investments are critical to aid in fulfilling the goals and objectives of the Great Lakes Water Quality Agreement between the United States and Canada;CommentsClose CommentsPermalink





(3) in a report issued in December 2005, a group of leading scientists from top institutions in the Great Lakes area found that--CommentsClose CommentsPermalink





(A) the Great Lakes are on the brink of an ecologic catastrophe;CommentsClose CommentsPermalink





(B) the primary stressors straining the health of the Great Lakes are--CommentsClose CommentsPermalink





(i) toxic chemicals;CommentsClose CommentsPermalink





(ii) overloading of human waste and urban and agricultural runoff;CommentsClose CommentsPermalink





(iii) physical changes to the shorelines and wetlands;CommentsClose CommentsPermalink





(iv) invasive plant and animal species;CommentsClose CommentsPermalink





(v) changes in water patterns; andCommentsClose CommentsPermalink





(vi) overfishing;CommentsClose CommentsPermalink





(C) the deterioration of the Great Lakes ecosystem is accelerating dramatically; andCommentsClose CommentsPermalink





(D) if the pattern of deterioration is not reversed immediately, the damage could be irreparable;CommentsClose CommentsPermalink





(4) as a result of the stressors described in paragraph (3)(B)--CommentsClose CommentsPermalink





(A) over 1,800 beaches were closed in 2003;CommentsClose CommentsPermalink





(B) Lake Erie has developed a 6,300 square mile dead zone that forms every summer;CommentsClose CommentsPermalink





(C) the zebra mussels, an aquatic invasive species, cause $500,000,000 per year in economic and environmental damage in the Great Lakes;CommentsClose CommentsPermalink





(D) there is no appreciable natural reproduction of lake trout in the lower 4 Great Lakes; andCommentsClose CommentsPermalink





(E) wildlife habitats have been destroyed, which has diminished fishing, hunting, and other outdoor recreation opportunities in the Great Lakes;CommentsClose CommentsPermalink





(5) because of the patchwork approach to fixing the problems facing the Great Lakes, the problems have not only persisted in, but have also gotten worse in some areas of, the Great Lakes;CommentsClose CommentsPermalink





(6) rather than dealing with 1 problem or location of the Great Lakes at a time, a comprehensive restoration of the system is needed to prevent the Great Lakes from collapsing;CommentsClose CommentsPermalink





(7) in December 2004, work began on the Great Lakes Regional Collaboration, a unique partnership that was--CommentsClose CommentsPermalink





(A) formed for the purpose of developing a strategic action plan for Great Lakes restoration; andCommentsClose CommentsPermalink





(B) composed of--CommentsClose CommentsPermalink





(i) key members from the Federal Government, State and local governments, and Indian tribes; andCommentsClose CommentsPermalink





(ii) other stakeholders;CommentsClose CommentsPermalink





(8) over 1,500 people throughout the Great Lakes region participated in this collaborative process, with participants working on 1 or more of the 8 strategy teams that focused on different issues affecting the Great Lakes basin;CommentsClose CommentsPermalink





(9) the recommendations of the Great Lakes Regional Collaboration, which was released on December 12, 2005, identify actions to address the issues affecting the Great Lake basin on the Federal, State, local, and tribal level; andCommentsClose CommentsPermalink





(10) comprehensive restoration must be adaptive, and ongoing efforts are needed continually to implement the recommendations of the Great Lakes Regional Collaboration relating to buffers, river restoration, wetlands, emerging toxic pollutants, and other issues affecting the Great Lakes basin.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 1003. DEFINITIONS.

`In this Act:CommentsClose CommentsPermalink





`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





`(2) AQUATIC ECOSYSTEM- The term `aquatic ecosystem' means a freshwater, marine, or estuarine environment (including inland waters and wetlands), located wholly in the United States.CommentsClose CommentsPermalink





`(3) AQUATIC ORGANISM-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `aquatic organism' means a living animal, plant, fungus, or microorganism inhabiting or reproducing in an aquatic ecosystem.CommentsClose CommentsPermalink





`(B) INCLUSIONS- The term `aquatic organism' includes--CommentsClose CommentsPermalink





`(i) seeds;CommentsClose CommentsPermalink





`(ii) eggs;CommentsClose CommentsPermalink





`(iii) spores; andCommentsClose CommentsPermalink





`(iv) any other viable biological material.CommentsClose CommentsPermalink





`(4) ASSISTANT SECRETARY- The term `Assistant Secretary' means the Assistant Secretary of the Army for Civil Works.CommentsClose CommentsPermalink





`(5) BALLAST WATER- The term `ballast water' means any water (with its suspended matter) used to maintain the trim and stability of a vessel.CommentsClose CommentsPermalink





`(6) BEST PERFORMING TREATMENT TECHNOLOGY- The term `best performing treatment technology' means the ballast water treatment technology that is, as determined by the Secretary--CommentsClose CommentsPermalink





`(A) the most biologically effective;CommentsClose CommentsPermalink





`(B) the most environmentally sound; andCommentsClose CommentsPermalink





`(C) suitable, available, and economically practicable.CommentsClose CommentsPermalink





`(7) COASTAL VOYAGE- The term `coastal voyage' means a voyage conducted entirely within the exclusive economic zone.CommentsClose CommentsPermalink





`(8) DIRECTOR- The term `Director' means the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





`(9) ENVIRONMENTALLY SOUND- The term `environmentally sound', refers to an activity that prevents or reduces introductions, or controls infestations, of aquatic invasive species in a manner that minimizes adverse effects on--CommentsClose CommentsPermalink





`(A) the structure and function of an ecosystem; andCommentsClose CommentsPermalink





`(B) nontarget organisms and ecosystems.CommentsClose CommentsPermalink





`(10) EXCLUSIVE ECONOMIC ZONE- The term `exclusive economic zone' means the area comprised of--CommentsClose CommentsPermalink





`(A) the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983; andCommentsClose CommentsPermalink





`(B) the equivalent zones of Canada and Mexico.CommentsClose CommentsPermalink





`(11) EXISTING VESSEL- The term `existing vessel' means any vessel that enters service on or before December 31, 2009.CommentsClose CommentsPermalink





`(12) GREAT LAKES- The term `Great Lakes' means--CommentsClose CommentsPermalink





`(A) Lake Erie;CommentsClose CommentsPermalink





`(B) Lake Huron (including Lake Saint Clair);CommentsClose CommentsPermalink





`(C) Lake Michigan;CommentsClose CommentsPermalink





`(D) Lake Ontario;CommentsClose CommentsPermalink





`(E) Lake Superior;CommentsClose CommentsPermalink





`(F) the connecting channels of those Lakes, including--CommentsClose CommentsPermalink





`(i) the Saint Mary's River;CommentsClose CommentsPermalink





`(ii) the Saint Clair River;CommentsClose CommentsPermalink





`(iii) the Detroit River;CommentsClose CommentsPermalink





`(iv) the Niagara River; andCommentsClose CommentsPermalink





`(v) the Saint Lawrence River to the Canadian border; andCommentsClose CommentsPermalink





`(G) any other body of water located within the drainage basin of a Lake, River, or connecting channel described in any of subparagraphs (A) through (F).CommentsClose CommentsPermalink





`(13) GREAT LAKES REGION- The term `Great Lakes region' means the region comprised of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.CommentsClose CommentsPermalink





`(14) IN TRADE- The term `in trade', with respect to a species, means a species that has a documented history of repeatedly being commercially imported into the United States during the period beginning on January 1, 1990, and ending on January 1, 2007.CommentsClose CommentsPermalink





`(15) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





`(16) INTERBASIN WATERWAY- The term `interbasin waterway' means a waterway that connects 2 distinct water basins.CommentsClose CommentsPermalink





`(17) INTRODUCTION- The term `introduction' means the transfer of an organism to an ecosystem outside the historic range of the species of which the organism is a member.CommentsClose CommentsPermalink





`(18) INVASION- The term `invasion' means an infestation of an aquatic invasive species.CommentsClose CommentsPermalink





`(19) INVASIVE SPECIES- The term `invasive species' means a nonindigenous species the introduction of which into an ecosystem may cause harm to the economy, environment, human health, recreation, or public welfare.CommentsClose CommentsPermalink





`(20) NATIONAL INVASIVE SPECIES COUNCIL- The term `National Invasive Species Council' means the interagency council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).CommentsClose CommentsPermalink





`(21) NEW VESSEL- The term `new vessel' means any vessel that enters service on or after January 1, 2010.CommentsClose CommentsPermalink





`(22) NONINDIGENOUS SPECIES- The term `nonindigenous species' means any species in an ecosystem the range of which exceeds the historic range of the species in that ecosystem.CommentsClose CommentsPermalink





`(23) ORGANISM TRANSFER- The term `organism transfer' means the movement of an organism of any species from 1 ecosystem to another ecosystem outside the historic range of the species.CommentsClose CommentsPermalink





`(24) PATHWAY- The term `pathway' means 1 or more vectors by which an invasive species is transferred from 1 ecosystem to another.CommentsClose CommentsPermalink





`(25) PLANNED IMPORTATION- The term `planned importation' means the purposeful movement of 1 or more nonindigenous organisms for use in the territorial limits of the United States.CommentsClose CommentsPermalink





`(26) REGIONAL PANEL- The term `regional panel' means a panel convened in accordance with section 1203.CommentsClose CommentsPermalink





`(27) SALTWATER FLUSHING- The term `saltwater flushing' means the process of--CommentsClose CommentsPermalink





`(A) adding midocean water to a ballast water tank that contains residual quantities of ballast water;CommentsClose CommentsPermalink





`(B) mixing the midocean water with the residual ballast water and sediment in the tank through the motion of a ship; andCommentsClose CommentsPermalink





`(C) discharging the mixed water so that the salinity of the resulting residual ballast water in the tank exceeds 30 parts per thousand.CommentsClose CommentsPermalink





`(28) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(29) SPECIES- The term `species' means any fundamental category of taxonomic classification below the level of genus or subgenus, including a species, subspecies, or any recognized variety of animal, plant, fungus, or microorganism.CommentsClose CommentsPermalink





`(30) TASK FORCE- The term `Task Force' means the Aquatic Nuisance Species Task Force established by section 1201(a).CommentsClose CommentsPermalink





`(31) TREATMENT- The term `treatment' means a mechanical, physical, chemical, biological, or other process or method of killing, removing, or rendering inviable organisms.CommentsClose CommentsPermalink





`(32) TYPE APPROVAL- The term `type approval' means an approval procedure under which a type of system is initially certified as meeting a standard established by law (including a regulation) for a particular application if the system is operated correctly.CommentsClose CommentsPermalink





`(33) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere.CommentsClose CommentsPermalink





`(34) UNDESIRABLE IMPACT- The term `undesirable impact' means economic, human health, aesthetic, or environmental degradation that is not necessary for, and is not clearly outweighed by, public health, environmental, or welfare benefits.CommentsClose CommentsPermalink





`(35) WATERS OF THE UNITED STATES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `waters of the United States' means the navigable waters and territorial sea of the United States.CommentsClose CommentsPermalink





`(B) INCLUSION- The term `waters of the United States' includes the Great Lakes.'.CommentsClose CommentsPermalink

TITLE I--INVASIVE SPECIES PREVENTION

Subtitle A--National Aquatic Invasive Species

CHAPTER 1--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS

SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS.

(a) In General- Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS.

`(a) Requirements for Vessels Operating in Waters of the United States-CommentsClose CommentsPermalink





`(1) INVASIVE SPECIES MANAGEMENT PLAN-CommentsClose CommentsPermalink





`(A) IN GENERAL- Effective beginning on the date that is 180 days after the issuance of guidelines pursuant to subparagraph (D) and promulgation of any regulations under this section, each vessel that is equipped with a ballast tank, and any towed vessel or structure, operating in waters of the United States shall have in effect, and have available for inspection, an aquatic invasive species management plan.CommentsClose CommentsPermalink





`(B) SPECIFICITY- The management plan shall be specific to the vessel (or group of vessels with characteristics similar to that of the vessel, as determined by the Secretary).CommentsClose CommentsPermalink





`(C) REQUIREMENTS- The management plan shall--CommentsClose CommentsPermalink





`(i) prescribe a safe and effective means to minimize introductions and transfers of invasive species; andCommentsClose CommentsPermalink





`(ii) include, at a minimum, such information as is requested by the Secretary pursuant to subparagraph (D), including--CommentsClose CommentsPermalink





`(I) operational requirements to safely and effectively comply with the applicable ballast water management requirements under paragraph (4);CommentsClose CommentsPermalink





`(II) operational requirements to safely and effectively carry out any actions consistent with a rapid response contingency strategy required by States and approved by the Secretary under section 1211;CommentsClose CommentsPermalink





`(III) at the discretion of the Secretary, other operational requirements that are specified in guidelines adopted by the International Maritime Organization;CommentsClose CommentsPermalink





`(IV) a description of all reporting requirements and a copy of each form necessary to meet those requirements;CommentsClose CommentsPermalink





`(V) the position of the officer responsible for implementation of ballast water management and reporting procedures on board;CommentsClose CommentsPermalink





`(VI) documents relevant to aquatic invasive species management equipment or procedures;CommentsClose CommentsPermalink





`(VII) a description of the location of access points for sampling ballast or sediments pursuant to paragraph (3)(B)(vi);CommentsClose CommentsPermalink





`(VIII) a description of requirements relating to compliance with any approved rapid response strategy relevant to the voyage of the vessel;CommentsClose CommentsPermalink





`(IX) a contingency strategy applicable under section 1211, if appropriate; andCommentsClose CommentsPermalink





`(X) such requirements described in subsection (b) as are applicable to the vessel.CommentsClose CommentsPermalink





`(D) GUIDELINES- Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall issue final guidelines for the development of invasive species management plans, including guidelines that--CommentsClose CommentsPermalink





`(i) identify types of vessels for which plans are required;CommentsClose CommentsPermalink





`(ii) establish processes for updating and revising the plans; andCommentsClose CommentsPermalink





`(iii) establish criteria for compliance with this subsection.CommentsClose CommentsPermalink





`(2) RECORDS- The master of a vessel shall--CommentsClose CommentsPermalink





`(A) maintain records of all ballast operations, for such period of time and including such information as the Secretary may specify;CommentsClose CommentsPermalink





`(B) permit inspection of the records by representatives of the Secretary and of the State in which the port is located; andCommentsClose CommentsPermalink





`(C) transmit records to the National Ballast Information Clearinghouse established under section 1102(f).CommentsClose CommentsPermalink





`(3) BEST MANAGEMENT PRACTICES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall issue guidelines on best management practices to eliminate or minimize and monitor organism transfer by vessels.CommentsClose CommentsPermalink





`(B) PRACTICES TO BE INCLUDED- The best management practices shall include--CommentsClose CommentsPermalink





`(i) sediment management in transoceanic vessels;CommentsClose CommentsPermalink





`(ii) minimization of ballast water uptake in areas in which there is a greater risk of harmful organisms entering ballast tanks (such as areas with toxic algal blooms or known outbreaks of aquatic invasive species);CommentsClose CommentsPermalink





`(iii) avoidance of unnecessary discharge of ballast water in a port that was taken up in another port;CommentsClose CommentsPermalink





`(iv) to the maximum extent practicable, collection and the proper disposal of debris from the cleaning of the hull;CommentsClose CommentsPermalink





`(v) proper use of anti-fouling coating; andCommentsClose CommentsPermalink





`(vi) provision of sample access ports in ballast piping for sampling of ballast intake and discharge.CommentsClose CommentsPermalink





`(4) BALLAST WATER MANAGEMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Effective beginning on the date that is 180 days after the Secretary promulgates regulations to carry out this section, and except as provided in subparagraph (B), each vessel equipped with a ballast water tank that enters a United States port shall comply with the regulations relating to ballast water management.CommentsClose CommentsPermalink





`(B) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) VESSELS OPERATING ENTIRELY WITHIN EXCLUSIVE ECONOMIC ZONE- Before December 31, 2011, a vessel equipped with a ballast tank, and any towed vessel or structure, that operates entirely within the exclusive economic zone shall not be required to comply with the regulations described in subsection (b)(2).CommentsClose CommentsPermalink





`(ii) VESSELS OPERATING IN ENCLOSED AQUATIC ECOSYSTEMS-CommentsClose CommentsPermalink





`(I) IN GENERAL- Subject to subclause (II), an existing vessel equipped with a ballast tank, and any towed vessel or structure, that operates exclusively in the upper 4 Great Lakes (Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and the connecting channels), or in another enclosed aquatic ecosystem shall not be required to comply with the regulations described in subsection (b)(1).CommentsClose CommentsPermalink





`(II) ADDITIONAL ENCLOSED AQUATIC ECOSYSTEMS- The Administrator and the Under Secretary, in consultation with regional panels of the Task Force, may determine additional enclosed aquatic ecosystems in which the potential for movement of organisms by natural and anthropogenic means is not significantly altered by the movement of the vessels equipped with ballast tanks.CommentsClose CommentsPermalink





`(b) Invasive Species Management Regulations and Certification Procedures-CommentsClose CommentsPermalink





`(1) REGULATIONS- Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary, with the concurrence of the Administrator and in consultation with the Task Force, shall promulgate final regulations establishing performance requirements for vessels to reduce or eliminate introduction by the vessels of invasive species to waters of the United States, including--CommentsClose CommentsPermalink





`(A) ballast water management operations (including relevant contingency procedures in instances in which a safety exemption is used pursuant to subsection (h)); andCommentsClose CommentsPermalink





`(B) management of other vessel pathways, including the hull and sea chest of a vessel.CommentsClose CommentsPermalink





`(2) BALLAST WATER EXCHANGE- The regulations promulgated pursuant to paragraph (1)--CommentsClose CommentsPermalink





`(A) shall apply only to existing vessels;CommentsClose CommentsPermalink





`(B) shall expire not later than December 31, 2011; andCommentsClose CommentsPermalink





`(C) shall include--CommentsClose CommentsPermalink





`(i) a provision for ballast water exchange that requires--CommentsClose CommentsPermalink





`(I) at least 1 empty-and-refill cycle, outside the exclusive economic zone or in an alternative exchange area designated by the Secretary, of each ballast tank that contains ballast water to be discharged into waters of the United States; orCommentsClose CommentsPermalink





`(II) for a case in which the master of a vessel determines that compliance with the requirement under subclause (I) is impracticable, a sufficient number of flow-through exchanges of ballast water, outside the exclusive economic zone or in an alternative exchange area designated by the Secretary, to achieve replacement of at least 95 percent of ballast water in ballast tanks of the vessel, as determined by a certification dye study conducted or model developed in accordance with protocols developed under paragraph (5)(B) and recorded in the management plan of a vessel pursuant to subsection (a)(1)(C)(ii)(I); andCommentsClose CommentsPermalink





`(ii) if a ballast water exchange is not undertaken pursuant to subsection (h), a contingency procedure that requires the master of a vessel to use the best practicable technology or practice to treat ballast discharge.CommentsClose CommentsPermalink





`(3) BALLAST WATER TREATMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The regulations promulgated pursuant to paragraph (1) shall require a vessel to which this section applies to conduct ballast water treatment in accordance with this paragraph before discharging ballast water.CommentsClose CommentsPermalink





`(B) PERFORMANCE STANDARDS- Subject to subparagraph (C)(ii), the regulations shall require that ballast water discharged shall--CommentsClose CommentsPermalink





`(i) contain--CommentsClose CommentsPermalink





`(I) less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension;CommentsClose CommentsPermalink





`(II) less than 1 living organism per 10 milliliters that is--CommentsClose CommentsPermalink

`(aa) less than 50 micrometers in minimum dimension; andCommentsClose CommentsPermalink

`(bb) more than 10 micrometers in minimum dimension;CommentsClose CommentsPermalink

`(III) concentrations of indicator microbes that are less than--CommentsClose CommentsPermalink

`(aa)(AA) 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters; orCommentsClose CommentsPermalink

`(BB) 1 colony-forming unit of that microbe per gram of wet weight of zoological samples;CommentsClose CommentsPermalink

`(bb) 126 colony-forming units of escherichia coli per 100 milliliters; andCommentsClose CommentsPermalink

`(cc) 33 colony-forming units of intestinal enterococci per 100 milliliters; andCommentsClose CommentsPermalink

`(IV) concentrations of such additional indicator microbes as may be specified in regulations promulgated by the Secretary, in consultation with the Administrator, that are less than the quantities specified in those regulations; orCommentsClose CommentsPermalink





`(ii) comply with an alternative standard that is at least as protective as the standards under clause (i), as determined by the Secretary.CommentsClose CommentsPermalink





`(C) BEST PERFORMING TREATMENT-CommentsClose CommentsPermalink





`(i) IN GENERAL- Not later than December 31, 2010, the Secretary, in consultation with the Administrator, based on technology assessments implemented before July 31, 2010, shall determine whether technologies exist that provide for the achievement of the standards described in subparagraph (B).CommentsClose CommentsPermalink





`(ii) MODIFICATION OF STANDARDS- If the Secretary, in consultation with the Administrator, determines under clause (i) that no technology exists that provides for the achievement of the standards described in subparagraph (B), the Secretary shall modify the standards to require vessels to discharge ballast water that has been treated with a treatment system that is among the best-performing 25 percent of treatment systems that meet the applicable ballast discharge standard of the International Maritime Organization.CommentsClose CommentsPermalink





`(D) RECEPTION FACILITY EXCEPTION-CommentsClose CommentsPermalink





`(i) IN GENERAL- The requirements of this paragraph shall not apply to a vessel that discharges ballast water into a land-based or water-based facility for the reception of ballast water that meets each applicable standard under clause (ii).CommentsClose CommentsPermalink





`(ii) APPLICABLE STANDARDS- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator and the Secretary shall jointly promulgate standards for--CommentsClose CommentsPermalink





`(I) the reception of ballast water in land-based and water-based reception facilities; andCommentsClose CommentsPermalink





`(II) the disposal or treatment of received ballast water in a manner that does not damage the environment, human health, property, or resources.CommentsClose CommentsPermalink





`(4) REVIEW AND REVISION- The Secretary, in concurrence with the Administrator, shall review and revise, not less frequently than once every 3 years--CommentsClose CommentsPermalink





`(A) any determination relating to the determination under paragraph (3)(C)(i); andCommentsClose CommentsPermalink





`(B) any modification of a standard under paragraph (3)(C)(ii).CommentsClose CommentsPermalink





`(5) CERTIFICATION OF TREATMENTS AND PRACTICES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than the date on which regulations are promulgated pursuant to paragraphs (2) and (3), the Secretary shall, with the concurrence of the Administrator, promulgate regulations for--CommentsClose CommentsPermalink





`(i) the certification of treatments or practices the performances of which comply with the regulations; andCommentsClose CommentsPermalink





`(ii) on-going enforcement of the effective use of the certified treatments or practices.CommentsClose CommentsPermalink





`(B) CERTIFICATION OF BALLAST WATER EXCHANGE PROCEDURES- The certification of ballast water exchange procedures in compliance with the regulations promulgated pursuant to paragraph (2) shall be based on a qualified type-approval process, including a protocol involving dye studies or models detailing flow dynamics of a vessel or class of vessels described in paragraph (2)(A)(ii) for demonstrating the number of flow-through exchanges necessary for such a vessel to meet the percentage purge requirements associated with the flow-through technique for ballast water exchange.CommentsClose CommentsPermalink





`(C) CERTIFICATION OF ALL OTHER BALLAST WATER DISCHARGE TREATMENTS- The certification of treatments in compliance with the regulations promulgated pursuant to paragraph (1)(B) shall be based on a qualified type-approval process that--CommentsClose CommentsPermalink





`(i) is capable of estimating the extent to which ballast water discharge treated by a ballast water treatment system is likely to comply with applicable standards, including any restrictions relating to--CommentsClose CommentsPermalink





`(I) biological, chemical, or physical conditions of water taken into ballast; andCommentsClose CommentsPermalink





`(II) conditions encountered during a voyage;CommentsClose CommentsPermalink





`(ii) is capable of determining the extent to which a ballast water treatment method--CommentsClose CommentsPermalink





`(I) is environmentally sound, based on criteria promulgated by the Administrator under paragraph (8)(A); andCommentsClose CommentsPermalink





`(II) is safe for vessel and crew;CommentsClose CommentsPermalink





`(iii) may be used in estimating the expected useful life of the ballast water treatment system, as determined on the basis of voyage patterns and normal use conditions;CommentsClose CommentsPermalink





`(iv) includes a ship-boarding testing component (and may include a shore-based testing component);CommentsClose CommentsPermalink





`(v) provides for appropriate monitoring, as determined by the Administrator;CommentsClose CommentsPermalink





`(vi) provides for revocation by the Administrator of approval pending the results of the monitoring; andCommentsClose CommentsPermalink





`(vii) is cost-effective.CommentsClose CommentsPermalink





`(D) EXPIRATION OF BALLAST WATER EXCHANGE OPTION- On the date of expiration of the ballast water exchange option under paragraph (2), the certification process shall apply to all methods of ballast water management, treatment, and system design.CommentsClose CommentsPermalink





`(E) REVIEW AND REVISION- Not less frequently than once every 3 years, the Secretary, in conjunction with the Administrator, shall review and, if necessary, revise the certification process pursuant to subsection (d)(1).CommentsClose CommentsPermalink





`(F) APPLICATION FOR APPROVAL-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Secretary and the Administrator shall approve an application for certification of a ballast water treatment system only if the application is in such form and contains such information as the Secretary and Administrator may require.CommentsClose CommentsPermalink





`(ii) APPROVAL AND DISAPPROVAL-CommentsClose CommentsPermalink





`(I) IN GENERAL- On receipt of an application under clause (i)--CommentsClose CommentsPermalink

`(aa) the Administrator shall, not later than 90 days after the date of receipt of the application--CommentsClose CommentsPermalink

`(AA) review the application for compliance and consistency with environmental soundness criteria promulgated under paragraph (8)(A); andCommentsClose CommentsPermalink

`(BB) approve those ballast water treatment systems that meet those criteria; andCommentsClose CommentsPermalink

`(bb) the Secretary, in consultation with the Task Force, shall, not later than 180 days after the date of receipt of the application--CommentsClose CommentsPermalink

`(AA) determine whether the ballast water treatment system covered by the application meets the requirements of this subsection, as appropriate;CommentsClose CommentsPermalink

`(BB) approve or disapprove the application; andCommentsClose CommentsPermalink

`(CC) provide the applicant written notice of approval or disapproval.CommentsClose CommentsPermalink

`(II) LIMITATIONS- An application approved under subclause (I) shall--CommentsClose CommentsPermalink

`(aa) be qualified with any limitations relating to voyage pattern, duration, or any other characteristic that may affect the effectiveness or environmental soundness of the ballast water treatment system covered by the application, as determined by the Secretary in consultation with the Administrator;CommentsClose CommentsPermalink

`(bb) be applicable to a specific vessel or group of vessels, as determined by the Secretary;CommentsClose CommentsPermalink

`(cc) be valid for the least of--CommentsClose CommentsPermalink

`(AA) the expected useful life of the ballast water treatment system;CommentsClose CommentsPermalink

`(BB) 10 years; orCommentsClose CommentsPermalink

`(CC) such period of time for which the Secretary or Administrator (as appropriate) determines that (based on available information, including information developed pursuant to paragraph (6)(B)(iii)) there exists a serious deficiency in performance or environmental soundness of the system relative to anticipated performance or environmental soundness; andCommentsClose CommentsPermalink

`(dd) be renewed if--CommentsClose CommentsPermalink

`(AA) the Secretary determines that the ballast water treatment system remains in compliance with applicable standards as of the date of application for renewal; orCommentsClose CommentsPermalink

`(BB) the remaining useful life of the vessel is less than 10 years.CommentsClose CommentsPermalink

`(6) EXPERIMENTAL APPROVAL FOR BALLAST WATER TREATMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The owner or operator of a vessel may submit to the Secretary an application to test or evaluate a promising ballast water treatment technology that--CommentsClose CommentsPermalink





`(i) has the potential to achieve the standards required under paragraph (3); andCommentsClose CommentsPermalink





`(ii) is likely to achieve a minimum performance that is the same as or more stringent than a standard required under paragraph (3)(C)(ii), as applicable.CommentsClose CommentsPermalink





`(B) APPROVAL- The Secretary shall approve an application under subparagraph (A) if--CommentsClose CommentsPermalink





`(i) the Secretary and the Administrator determine that the treatment technologies have the potential to achieve the standards required under paragraph (3); andCommentsClose CommentsPermalink





`(ii) the Administrator determines, based on independent and peer-reviewed information provided to the Secretary by the owner or operator of the vessel or other applicable parties, that the treatment technologies--CommentsClose CommentsPermalink





`(I) comply with environmental requirements (including regulations); andCommentsClose CommentsPermalink





`(II) have the potential to meet environmental soundness criteria established under paragraph (8)(A)(i).CommentsClose CommentsPermalink





`(C) WAIVER- If the Secretary approves an application under subparagraph (B), the Secretary and the Administrator may waive the requirements under subsection (a)(4)(A) with respect to the vessel that is subject to the application approved.CommentsClose CommentsPermalink





`(D) LIMITATIONS-CommentsClose CommentsPermalink





`(i) PERIOD OF TESTING- Testing of the treatment system approved under this section may cease prior to the termination of the approval period described in clause (ii).CommentsClose CommentsPermalink





`(ii) PERIOD OF APPROVAL- Approval granted under subparagraph (B) shall be for the least of--CommentsClose CommentsPermalink





`(I) the expected useful life of the ballast water treatment system;CommentsClose CommentsPermalink





`(II) a period of 10 years; orCommentsClose CommentsPermalink





`(III) a period ending on the date that the Secretary and Administrator (as appropriate) determines that there exists a serious deficiency in performance or human safety or environmental soundness of the system relative to anticipated performance or environmental soundness.CommentsClose CommentsPermalink





`(iii) INFORMATION- As a condition of receiving experimental approval for a treatment under subparagraph (B), the owner or operator of a vessel shall agree to collect and report such information regarding the operational and biological effectiveness of the treatment through sampling of the intake and discharge ballast as the Secretary may request.CommentsClose CommentsPermalink





`(iv) RENEWAL- An experimental approval may be renewed in accordance with paragraph (5)(F)(ii).CommentsClose CommentsPermalink





`(7) INCENTIVES FOR USE OF TREATMENT SYSTEMS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary, the Secretary of Transportation, and the Administrator shall assist owners or operators of vessels that seek to obtain experimental approval for installation of ballast water treatment systems, including through providing guidance on--CommentsClose CommentsPermalink





`(i) a sampling protocol and test program for cost effective treatment evaluation;CommentsClose CommentsPermalink





`(ii) sources of sampling equipment and field biological expertise; andCommentsClose CommentsPermalink





`(iii) examples of shipboard evaluation studies.CommentsClose CommentsPermalink





`(B) SELECTION OF TECHNOLOGIES AND PRACTICES- In selecting technologies and practices for shipboard demonstration under section 1104(b), the Secretary of the Interior and the Secretary of Commerce shall give priority consideration to technologies and practices that have received or are in the process of receiving certification under paragraph (5).CommentsClose CommentsPermalink





`(C) ANNUAL SUMMARIES- The Secretary shall annually summarize, and make available to interested parties, all available information on the performance of technologies proposed for ballast treatment to facilitate the application process for experimental approval for ballast water treatment under paragraph (6).CommentsClose CommentsPermalink





`(8) ENVIRONMENTAL SOUNDNESS CRITERIA FOR BALLAST TREATMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Administrator shall include in criteria promulgated under section 1202(k)(1)(A) specific criteria--CommentsClose CommentsPermalink





`(i) to ensure environmental soundness of ballast treatment systems; andCommentsClose CommentsPermalink





`(ii) to grant environmental soundness exceptions under subparagraph (B).CommentsClose CommentsPermalink





`(B) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) IN GENERAL- In reviewing applications under paragraph (5)(F)(ii)(I)(aa) in an emergency situation to achieve reductions in significant and acute risk of transfers of invasive species by vessels, the Secretary and the Administrator may jointly determine to make an exception to criteria described in subparagraph (A)(i).CommentsClose CommentsPermalink





`(ii) QUALIFICATION OF APPROVALS- To be eligible for an exception under clause (i), an approval under paragraph (5)(F)(ii)(I)(aa) shall be qualified under paragraph (5)(F)(ii)(II).CommentsClose CommentsPermalink





`(c) Great Lakes Program-CommentsClose CommentsPermalink





`(1) REGULATIONS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Until such time as regulations are promulgated to implement the amendments made by the Great Lakes Collaboration Implementation Act, regulations promulgated to carry out this Act shall remain in effect until revised or replaced pursuant to the Great Lakes Collaboration Implementation Act.CommentsClose CommentsPermalink





`(B) NO BALLAST ON BOARD- Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall promulgate regulations to minimize the discharge of invasive species from ships that claim no ballast on board, or that claim to be carrying only unpumpable quantities of ballast, including, at a minimum, a requirement that--CommentsClose CommentsPermalink





`(i) such a ship shall conduct saltwater flushing of ballast water tanks--CommentsClose CommentsPermalink





`(I) outside the exclusive economic zone; orCommentsClose CommentsPermalink





`(II) at a designated alternative exchange site; andCommentsClose CommentsPermalink





`(ii) before being allowed entry beyond the St. Lawrence Seaway, the master of such a ship shall certify that the ship has complied with each applicable requirement under this subsection.CommentsClose CommentsPermalink





`(C) EARLY TECHNOLOGY-CommentsClose CommentsPermalink





`(i) IN GENERAL- Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall promulgate regulations allowing ships entering the Great Lakes to use a ballast water treatment technology that is as effective as ballast water exchange, as determined by the Secretary.CommentsClose CommentsPermalink





`(ii) REQUIREMENT- The regulations under clause (i) shall include a provision that a ballast water treatment technology used for purposes of complying with the regulations shall be permitted for the shorter of--CommentsClose CommentsPermalink





`(I) the 10-year period beginning on the date of initial use of the technology; andCommentsClose CommentsPermalink





`(II) the life of the ship on which the technology is used.CommentsClose CommentsPermalink





`(iii) TREATMENT EQUIVALENCY TO BALLAST WATER EXCHANGE- For purposes of the regulations under clause (i), the discharge standard of the International Maritime Organization shall be considered to be as effective as ballast water exchange.CommentsClose CommentsPermalink





`(2) RELATIONSHIP TO OTHER PROGRAMS- On implementation of a national mandatory ballast management program that is at least as comprehensive as the Great Lakes program (as determined by the Secretary, in consultation with the Governors of Great Lakes States)--CommentsClose CommentsPermalink





`(A) the program regulating vessels and ballast water in Great Lakes under this section shall terminate; andCommentsClose CommentsPermalink





`(B) the national program shall apply to such vessels and ballast water.CommentsClose CommentsPermalink





`(3) REVIEW AND REVISION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than the date that is 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall--CommentsClose CommentsPermalink





`(i) review and revise regulations promulgated under this section to ensure the regulations provide the maximum practicable protection of the Great Lakes ecosystem from introduction by vessels (including vessels in the unballasted condition) of aquatic invasive species; andCommentsClose CommentsPermalink





`(ii) promulgate the revised regulations.CommentsClose CommentsPermalink





`(B) CONTENTS- The revised regulations shall include, at a minimum, requirements under subsections (a) and (b) (as amended by that Act).CommentsClose CommentsPermalink





`(d) Periodic Review and Revision of Regulations-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and not less often than every 3 years thereafter, the Secretary shall (with the concurrence of the Administrator, based on recommendations of the Task Force, and information collected and analyzed under this title and in accordance with criteria developed by the Task Force under paragraph (3))--CommentsClose CommentsPermalink





`(A) assess the compliance by vessels with regulations promulgated under this section;CommentsClose CommentsPermalink





`(B) assess the effectiveness of the regulations referred to in subparagraph (A) in reducing the introduction and spread of aquatic invasive species by vessels; andCommentsClose CommentsPermalink





`(C) as necessary, on the basis of the best scientific information available--CommentsClose CommentsPermalink





`(i) revise the regulations referred to in subparagraph (A); andCommentsClose CommentsPermalink





`(ii) promulgate additional regulations.CommentsClose CommentsPermalink





`(2) SPECIAL REVIEW AND REVISION- Not later than 90 days after the date on which the Task Force makes a request to the Secretary for a special review and revision of the Program, the Secretary shall (with the concurrence of the Administrator)--CommentsClose CommentsPermalink





`(A) conduct a special review of regulations in accordance with paragraph (1); andCommentsClose CommentsPermalink





`(B) as necessary, in the same manner as provided under paragraph (1)(C)--CommentsClose CommentsPermalink





`(i) revise those guidelines; orCommentsClose CommentsPermalink





`(ii) promulgate additional regulations.CommentsClose CommentsPermalink





`(3) CRITERIA FOR EFFECTIVENESS- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Task Force shall submit to the Secretary criteria for determining the adequacy and effectiveness of all regulations promulgated under this section.CommentsClose CommentsPermalink





`(e) Sanctions-CommentsClose CommentsPermalink





`(1) CIVIL PENALTIES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Any person that violates a regulation promulgated under this section shall be liable for a civil penalty in an amount not to exceed $50,000.CommentsClose CommentsPermalink





`(B) SEPARATE VIOLATIONS- Each day of a continuing violation constitutes a separate violation.CommentsClose CommentsPermalink





`(C) LIABILITY OF VESSELS- A vessel operated in violation of a regulation promulgated under this Act shall be liable in rem for any civil penalty assessed under this subsection for that violation.CommentsClose CommentsPermalink





`(2) CRIMINAL PENALTIES- Any person that knowingly violates the regulations promulgated under subsection (b) is guilty of a class C felony.CommentsClose CommentsPermalink





`(3) REVOCATION OF CLEARANCE- On 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 promulgated under subsection (b).CommentsClose CommentsPermalink





`(4) EXCEPTION TO SANCTIONS- This subsection does not apply to a failure to exchange ballast water if--CommentsClose CommentsPermalink





`(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 or the crew or passengers of the vessel; andCommentsClose CommentsPermalink





`(B) the vessel complies with--CommentsClose CommentsPermalink





`(i) recordkeeping requirements of this Act;CommentsClose CommentsPermalink





`(ii) contingency requirements of section 1211; andCommentsClose CommentsPermalink





`(iii) reporting requirements of this Act.CommentsClose CommentsPermalink





`(f) Coordination With Other Agencies- The Secretary is encouraged to use (with consent) the expertise, facilities, members, or personnel of, appropriate Federal and State agencies and organizations that have routine contact with vessels, as determined by the Secretary.CommentsClose CommentsPermalink





`(g) 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.CommentsClose CommentsPermalink





`(h) Safety Exemption-CommentsClose CommentsPermalink





`(1) MASTER DISCRETION- The Master of a vessel is not required to conduct a ballast water exchange if the Master determines that the exchange would threaten the safety or stability of the vessel, or the crew or passengers of the vessel, because of adverse weather, vessel architectural design, equipment failure, or any other extraordinary conditions.CommentsClose CommentsPermalink





`(2) OTHER REQUIREMENTS- A vessel that does not exchange ballast water on the high seas under paragraph (1) shall not discharge ballast water in any harbor, except in accordance with a contingency strategy approved by the Secretary (and included in the invasive species management plan of the vessel) to reduce the risk of organism transfer by the discharge (using the best practicable technology and practices pursuant to regulations promulgated under subsection (b)(1)).CommentsClose CommentsPermalink





`(i) 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 in any case in which the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any other responsibilities under this Act.CommentsClose CommentsPermalink





`(j) Effect on Other Law- Nothing in this section or any regulation promulgated under this section supersedes or otherwise affects any requirement or prohibition relating to the discharge of ballast water under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 1102(c)(1) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(c)(1)) is amended by striking `issued under section 1101(b)' and inserting `promulgated under section 1101(e)'.CommentsClose CommentsPermalink





(2) Section 1102(f)(1)(B) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by striking `guidelines issued pursuant to section 1101(c)' and inserting `regulations promulgated under section 1101(e)'.CommentsClose CommentsPermalink

SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.

Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

`SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.';

andCommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking `Subject to' and inserting the following:CommentsClose CommentsPermalink





`(1) BALLAST WATER- Subject to'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(2) TOWED VESSEL MANAGEMENT PROGRAM-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary and the Task Force, shall implement a towed vessel management program for Department of Defense vessels to minimize the risk of introductions of aquatic invasive species through hull and associated hull aperture transfers by towed vessels.CommentsClose CommentsPermalink





`(B) CURRENT BALLAST PROGRAM- Except as provided in subparagraph (A), this Act does not affect the ballast program for Department of Defense vessels in effect on the date of enactment of the Great Lakes Collaboration Implementation Act.CommentsClose CommentsPermalink





`(3) REPORTS- Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Secretary of Defense shall submit to Congress a report that includes a summary and analysis of the program carried out under this section.'.CommentsClose CommentsPermalink

CHAPTER 2--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY OTHER PATHWAYS

SEC. 106. PRIORITY PATHWAY MANAGEMENT PROGRAM.

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

`(a) Identification of High Priority Pathways- Not later than 2 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Task Force, in coordination with the Invasive Species Council and in consultation with representatives of States, industry, and other interested parties, shall, based on pathway surveys and other available research relating to the rates of introductions in waters of the United States--CommentsClose CommentsPermalink





`(1) identify those pathways that pose the highest risk for introductions of invasive species, both nationally and on a region-by-region basis unless further managed;CommentsClose CommentsPermalink





`(2) develop recommendations for management strategies for those high-risk pathways;CommentsClose CommentsPermalink





`(3) include in the report to the Congress required under section 1201(f)(2)(B) a description of the identifications, strategies, and recommendations; andCommentsClose CommentsPermalink





`(4) identify aquatic invasive species not yet introduced into waters of the United States that are likely to be introduced into waters of the United States unless preventative measures are taken.CommentsClose CommentsPermalink





`(b) Management of High Priority Pathways- Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force or agencies of jurisdiction shall, to the maximum extent practicable, implement the strategies described in subsection (a)(2).'.CommentsClose CommentsPermalink

SEC. 107. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC ORGANISMS.

Subtitle B of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC ORGANISMS.

`(a) In General- Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, no live aquatic organism of a species not in trade shall be imported into the United States without screening and approval in accordance with subsections (c) and (d).CommentsClose CommentsPermalink





`(b) Guidelines-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 30 months after the date of enactment of the Great Lakes Collaboration Implementation Act, in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, the Invasive Species Council (in conjunction with the Task Force) shall issue guidelines for screening proposed planned importations of live aquatic organisms into the United States, that include--CommentsClose CommentsPermalink





`(A) guidelines for minimum information requirements for determinations under subsection (c); andCommentsClose CommentsPermalink





`(B) guidelines for a simplified notification procedure for any additional shipments of organisms that may occur after completion of an initial screening process and determination under subsection (c).CommentsClose CommentsPermalink





`(2) PURPOSE- The purpose of the screening process shall be to prevent the introduction or establishment of aquatic invasive species in waters of the United States and contiguous waters of Canada and Mexico.CommentsClose CommentsPermalink





`(3) FACTORS- In developing guidelines under this subsection and reviewing and revising the guidelines under subsection (j), the Invasive Species Council and the Task Force shall consider--CommentsClose CommentsPermalink





`(A) the likelihood of the spread of species by human or natural means;CommentsClose CommentsPermalink





`(B) species that may occur in association with the species planned for importation, including pathogens, parasites, and free-living organisms; andCommentsClose CommentsPermalink





`(C) regional differences in probability of invasion and associated impacts.CommentsClose CommentsPermalink





`(c) Categories- The screening process conducted pursuant to subsection (d) shall require the identification, to the maximum extent practicable, to the species level or, at least, to the genus level, of live aquatic organisms proposed for importation and shall list--CommentsClose CommentsPermalink





`(1) species with high or moderate probability of undesirable impacts to areas within the boundaries of the United States and contiguous areas of neighboring countries, to which the species is likely to spread; andCommentsClose CommentsPermalink





`(2) species on which there is insufficient information to determine the risk category based on guidelines issued pursuant to subsection (b)(1)(B).CommentsClose CommentsPermalink





`(d) Evaluation-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 180 days after the date of promulgation of guidelines under subsection (b), in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, a Federal agency with authority over an importation into the United States of a live organism of a species not in trade shall screen the species in accordance with guidelines promulgated under subsection (b).CommentsClose CommentsPermalink





`(2) DELEGATION AND AUTHORITY- If no agency has authority described in paragraph (1) or an agency delegates the screening to the Director under subsection (h)--CommentsClose CommentsPermalink





`(A) the Director shall screen the organisms in accordance with subsections (a) and (b); andCommentsClose CommentsPermalink





`(B) the Director may prohibit the importation of an organism of a species not in trade if the Director determines, based on evaluations consistent with the screening requirements promulgated under subsection (f), that the species has a high or moderate probability of undesirable impacts on areas within the boundaries of the United States and contiguous areas of neighboring countries to which the species may spread.CommentsClose CommentsPermalink





`(3) MULTIPLE JURISDICTION- If more than 1 agency has jurisdiction over the importation of a live organism, the agencies shall conduct only 1 screening process as determined by a memorandum of understanding consistent with subsection (f), except that the Secretary of Agriculture, shall conduct screening of organisms imported to be cultured.CommentsClose CommentsPermalink





`(e) Requirements- A Federal agency of jurisdiction, or the Director, shall--CommentsClose CommentsPermalink





`(1) restrict or prohibit the importation into the United States from outside the United States of any species that is described in subsection (c)(1);CommentsClose CommentsPermalink





`(2) prohibit the importation of any species described in subsection (c)(2), unless the importation is for the sole purpose of research that is conducted in accordance with section 1202(f)(2); andCommentsClose CommentsPermalink





`(3) make a determination under this subsection not later than 60 days after receiving a request for permission to import a live aquatic species.CommentsClose CommentsPermalink





`(f) Memorandum of Understanding-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Director of the United States Fish and Wildlife Service shall enter into a memorandum of understanding with the heads of the agencies of jurisdiction regarding the screening requirements contained in this section.CommentsClose CommentsPermalink





`(2) CONTENTS- The memorandum of understanding shall contain, at a minimum--CommentsClose CommentsPermalink





`(A) a description of the relationship between and responsibilities of the agencies of jurisdiction, including a process designating a lead agency in cases in which multiple agencies may have jurisdiction over the screening of an aquatic species;CommentsClose CommentsPermalink





`(B) the process by which the Director will delegate screening duties to and receive delegation from other agencies of jurisdiction; andCommentsClose CommentsPermalink





`(C) the process by which agencies of jurisdiction will coordinate and share information required for the screening process.CommentsClose CommentsPermalink





`(g) Delegation to Director- Any agency with authority over the planned importation of a live aquatic organism may delegate to the Director the screening process carried out under this section.CommentsClose CommentsPermalink





`(h) Catalog of Species in Trade- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Director of the United States Geological Survey and the Director of the Smithsonian Environmental Research Center, in cooperation with agencies with jurisdiction over planned importations of live organisms, shall--CommentsClose CommentsPermalink





`(1) develop and update as necessary a catalog of species in trade; andCommentsClose CommentsPermalink





`(2) include the list in the information provided to the public pursuant to section 1102(f).CommentsClose CommentsPermalink





`(i) Review and Revision-CommentsClose CommentsPermalink





`(1) IN GENERAL- At least once every 3 years, the Council, in conjunction with the Task Force, shall use research on early detection and monitoring under section 1106, among other information sources, to review and revise the screening, guidelines, and process carried out under this section.CommentsClose CommentsPermalink





`(2) REPORT- The Invasive Species Council shall include in its report to Congress required pursuant to section 1201(f)(2)(B)--CommentsClose CommentsPermalink





`(A) an evaluation of the effectiveness of the screening processes carried out under this section;CommentsClose CommentsPermalink





`(B) an evaluation of the consistency of the application of the screening by agencies; andCommentsClose CommentsPermalink





`(C) recommendations for revisions of the processes.CommentsClose CommentsPermalink





`(j) Prohibitions- It shall be unlawful for any person subject to the jurisdiction of the United States to import an organism of a species described under subsection (c) or (d) or in violation of regulations promulgated under this section.CommentsClose CommentsPermalink





`(k) Penalties-CommentsClose CommentsPermalink





`(1) CIVIL PENALTIES- Any person who violates subsection (j) shall be liable for a civil penalty in an amount not to exceed $50,000.CommentsClose CommentsPermalink





`(2) CRIMINAL PENALTIES- Any person who knowingly violates subsection (j) is guilty of a class C felony.CommentsClose CommentsPermalink





`(l) Fees- The head of any agency that has jurisdiction over a planned importation of a species subject to screening under this Act may increase the amount of any appropriate fee that is charged under an authority of law to offset the cost of any screening process carried out under this section.CommentsClose CommentsPermalink





`(m) Information- A Federal agency conducting a screening process under this section shall make the results of the process available to the public (including international organizations).CommentsClose CommentsPermalink





`(n) Regulations- The Director may issue regulations to implement this section.CommentsClose CommentsPermalink





`(o) Applicability: Effect on Other Laws- Nothing in this section shall be construed as repealing, superseding, or modifying any provision of Federal or state law.'.CommentsClose CommentsPermalink

CHAPTER 3--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 111. EARLY DETECTION.

Subtitle B of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 107) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1106. EARLY DETECTION AND MONITORING.

`(a) Early Detection-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, in conjunction with the Council, the Task Force shall develop and promulgate a set of sampling protocols, a geographic plan, and budget to support a national system of ecological surveys to rapidly detect recently established aquatic invasive species in waters of the United States.CommentsClose CommentsPermalink





`(2) CONTENTS- The protocols, plan, and budget shall, at a minimum--CommentsClose CommentsPermalink





`(A) address a diversity of aquatic ecosystems of the United States (including inland and coastal waters);CommentsClose CommentsPermalink





`(B) encourage State, local, port, and tribal participation in monitoring;CommentsClose CommentsPermalink





`(C) balance scientific rigor with practicability, timeliness, and breadth of sampling activity;CommentsClose CommentsPermalink





`(D) consider the pathways and/or organisms identified under section 1210;CommentsClose CommentsPermalink





`(E) include a capacity to evaluate the impacts of permitted importations screened by the processes established under section 1105; andCommentsClose CommentsPermalink





`(F) include clear lines of communication with appropriate Federal, State, and regional rapid response authorities.CommentsClose CommentsPermalink





`(3) IMPLEMENTATION- Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator (in consultation with the Invasive Species Council and in coordination with other agencies) shall implement a national system of ecological surveys that is--CommentsClose CommentsPermalink





`(A) carried out in cooperation with State, local, port, tribal authorities, and other non-Federal entities (such as colleges and universities); andCommentsClose CommentsPermalink





`(B) based on the protocols, plan, and budget published under subsection (a)(1) and any public comment.'.CommentsClose CommentsPermalink

SEC. 112. RAPID RESPONSE.

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is further amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1211. RAPID RESPONSE.

`(a) State Rapid Response Contingency Strategies-CommentsClose CommentsPermalink





`(1) EMERGENCY FUNDS FOR RAPID RESPONSE- A State that has in effect a rapid response contingency strategy for invasive species in the State, including rapid assessment capabilities, that is approved under paragraph (2) shall be eligible to receive emergency funding to remain available until expended to implement rapid response measures for aquatic invasive species under the strategy, subject to renewal, as determined by the Secretary of the Interior and the Secretary in accordance with paragraph (2).CommentsClose CommentsPermalink





`(2) APPROVAL OF RAPID RESPONSE CONTINGENCY STRATEGIES- The Task Force, in consultation with the Invasive Species Council, shall approve a State rapid response contingency strategy described in paragraph (1) if the strategy--CommentsClose CommentsPermalink





`(A) identifies all key governmental and nongovernmental partners to be involved in carrying out the strategy;CommentsClose CommentsPermalink





`(B) clearly designates the authorities and responsibilities of each partner, including the authority of any State or government of an Indian tribe to distribute emergency funds;CommentsClose CommentsPermalink





`(C) specifies criteria for rapid response measures, including a diagnostic system that--CommentsClose CommentsPermalink





`(i) distinguishes cases in which rapid response has a likelihood of success and cases in which rapid response has no likelihood of success;CommentsClose CommentsPermalink





`(ii) distinguishes rapid response measures from ongoing management and control of established populations of aquatic invasive species; andCommentsClose CommentsPermalink





`(iii) distinguishes instances in which the rate and probability of organism dispersal is significantly altered by vessel movements;CommentsClose CommentsPermalink





`(D) includes an early detection strategy that supports or complements the early detection and monitoring system developed under section 1106;CommentsClose CommentsPermalink





`(E) provides for a monitoring capability to assess--CommentsClose CommentsPermalink





`(i) the extent of infestations; andCommentsClose CommentsPermalink





`(ii) the effectiveness of rapid response efforts;CommentsClose CommentsPermalink





`(F) to the maximum extent practicable, is integrated into the State aquatic invasive species management plan approved under section 1204;CommentsClose CommentsPermalink





`(G) to the maximum extent possible, does not use rapid response tools that do not meet environmental criteria developed under subsection (e)(4);CommentsClose CommentsPermalink





`(H) includes a public education and outreach component directed at--CommentsClose CommentsPermalink





`(i) potential pathways for spread of aquatic invasive species; andCommentsClose CommentsPermalink





`(ii) persons involved in industries and recreational activities associated with those pathways; andCommentsClose CommentsPermalink





`(I) to the extent that the strategy involves vessels, conforms with guidelines issued by the Secretary under subsection (c)(2).CommentsClose CommentsPermalink





`(b) Regional Rapid Response Contingency Strategies- The Task Force, with the concurrence of the Invasive Species Council and in consultation with the regional panels of the Task Force established under section 1203, shall encourage the development of regional rapid response contingency strategies that--CommentsClose CommentsPermalink





`(1) provide a consistent and coordinated approach to rapid response; andCommentsClose CommentsPermalink





`(2) are approved by--CommentsClose CommentsPermalink





`(A) the Secretary; andCommentsClose CommentsPermalink





`(B) the Governors and Indian tribes having jurisdiction over areas within a region.CommentsClose CommentsPermalink





`(c) Model Rapid Response Contingency Strategies- Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act--CommentsClose CommentsPermalink





`(1) the Task Force, with the concurrence of the Invasive Species Council and the regional panels of the Task Force established under section 1203, shall develop--CommentsClose CommentsPermalink





`(A) a model State rapid response contingency strategy for aquatic invasive species, including rapid assessment capability, that includes, to the maximum extent practicable, the components listed under subparagraphs (A) through (H) of subsection (a)(2); andCommentsClose CommentsPermalink





`(B) a model regional rapid response contingency strategy for aquatic invasive species; andCommentsClose CommentsPermalink





`(2) the Secretary, in concurrence with the Task Force and the regional panels, shall issue guidelines that describe vessel-related requirements that may be used in a rapid response contingency strategy, including specific requirements for strategy approved under this section.CommentsClose CommentsPermalink





`(d) Cost Sharing-CommentsClose CommentsPermalink





`(1) STATE RAPID RESPONSE CONTINGENCY STRATEGIES- The Federal share of the cost of activities carried out under a State rapid response contingency strategy approved under subsection (a) shall be not less than 50 percent.CommentsClose CommentsPermalink





`(2) REGIONAL RAPID RESPONSE CONTINGENCY STRATEGIES- The Federal share of the cost of activities carried out under a regional rapid response contingency strategy approved under subsection (b) shall be not less than 75 percent.CommentsClose CommentsPermalink





`(3) IN-KIND CONTRIBUTIONS- States or regions that receive Federal funds for rapid response activities may provide matching funds in the form of in-kind contributions.CommentsClose CommentsPermalink





`(e) Federal Rapid Response Teams-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT OF TEAMS- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Invasive Species Council, in coordination with the Task Force and the heads of appropriate Federal agencies, shall establish a Federal rapid response team for each of the 10 Federal regions that comprise the Standard Federal Regional Boundary System.CommentsClose CommentsPermalink





`(2) DUTIES OF TEAMS- Each Federal rapid response team shall, at a minimum--CommentsClose CommentsPermalink





`(A) implement rapid eradication or control responses for newly detected aquatic invasive species on Federal and tribal land;CommentsClose CommentsPermalink





`(B) carry out, or assist in carrying out, rapid responses for newly detected aquatic invasive species on non-Federal land at the request of a State, Indian tribe, or group of States or Indian tribes;CommentsClose CommentsPermalink





`(C) provide training and expertise for State, tribal, or regional rapid responders;CommentsClose CommentsPermalink





`(D) provide central sources of information for rapid responders;CommentsClose CommentsPermalink





`(E) maintain a list of researchers and rapid response volunteers; andCommentsClose CommentsPermalink





`(F) in carrying out any rapid response activity with respect to an aquatic noxious weed listed under section 412(f) of the Plant Protection Act (7 U.S.C. 7712(f)), include representatives of the Animal and Plant Health Inspection Service.CommentsClose CommentsPermalink





`(3) CRITERIA FOR IDENTIFYING CASES OF RAPID RESPONSE WARRANTING FEDERAL ASSISTANCE- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force, with the concurrence of the Invasive Species Council, shall develop criteria to identify cases of rapid response warranting Federal assistance under this subsection, including criteria relating to, at a minimum--CommentsClose CommentsPermalink





`(A) the extent to which infestations of aquatic invasive species may be managed successfully by rapid response;CommentsClose CommentsPermalink





`(B) the extent to which rapid response efforts may differ from ongoing management and control; andCommentsClose CommentsPermalink





`(C) the extent to which infestations of nonindigenous aquatic invasive species are considered to be an acute or chronic threat to--CommentsClose CommentsPermalink





`(i) biodiversity of native fish and wildlife;CommentsClose CommentsPermalink





`(ii) habitats of native fish and wildlife; orCommentsClose CommentsPermalink





`(iii) human health.CommentsClose CommentsPermalink





`(4) ENVIRONMENTAL CRITERIA- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator, in consultation with the Invasive Species Council, the Secretary of Transportation, the Task Force (including regional panels of the Task Force established under section 1203), the Director, and the Director of the National Marine Fisheries Service, shall develop environmental criteria to minimize nontarget environmental impacts of rapid responses carried out pursuant to this section.'.CommentsClose CommentsPermalink

SEC. 113. CONSOLIDATION OF BARRIER PROJECTS.

(a) In General- The Chicago Sanitary and Ship Canal Dispersal Barrier Project (referred to in this section as `Barrier I') (as in existence on the date of enactment of this Act), constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and the project relating to the Chicago Sanitary and Ship Canal Dispersal Barrier, authorized by section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352) (referred to in this section as `Barrier II'), shall be considered to constitute a single project.CommentsClose CommentsPermalink





(b) Activities Relating to Barrier I and Barrier II-CommentsClose CommentsPermalink





(1) DUTIES OF SECRETARY OF THE ARMY- The Secretary of the Army, at Federal expense, shall--CommentsClose CommentsPermalink





(A) upgrade and make permanent Barrier I;CommentsClose CommentsPermalink





(B) construct Barrier II, notwithstanding the project cooperation agreement with the State of Illinois dated June 14, 2005;CommentsClose CommentsPermalink





(C) operate and maintain Barrier I and Barrier II as a system to optimize effectiveness;CommentsClose CommentsPermalink





(D) conduct, in consultation with appropriate Federal, State, local, and nongovernmental entities, a study of a range of options and technologies for reducing impacts of hazards that may reduce the efficacy of the Barriers; andCommentsClose CommentsPermalink





(E) provide to each State a credit in an amount equal to the amount of funds contributed by the State toward Barrier II.CommentsClose CommentsPermalink





(2) APPLICATION OF CREDIT- A State may apply a credit received under paragraph (1)(E) to any cost-sharing responsibility for an existing or future Federal project with the Corps of Engineers in the State.CommentsClose CommentsPermalink





(c) Feasibility Study- The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct, at Federal expense, a feasibility study of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River basins through the Chicago Sanitary and Ship Canal and other aquatic pathways.CommentsClose CommentsPermalink





(d) Conforming Amendment- Section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352) is amended to read as follows:CommentsClose CommentsPermalink





`Sec. 345. There are authorized to be appropriated such sums as may be necessary to carry out the Barrier II project of the project for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated pursuant to section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).'.CommentsClose CommentsPermalink

SEC. 114. ENVIRONMENTAL SOUNDNESS.

Section 1202 of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is further amended by inserting after subsection (j) the following:CommentsClose CommentsPermalink





`(k) Improvement of Treatment Methods for Aquatic Invasive Species-CommentsClose CommentsPermalink





`(1) CRITERIA TO EVALUATE ENVIRONMENTAL SOUNDNESS OF TREATMENT METHODS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator, in consultation and cooperation with the Secretary, the Invasive Species Council, and the Task Force (including any regional panels of the Task Force) shall promulgate criteria to evaluate the treatment methods described in subparagraph (B) for the purpose of ensuring that the treatment methods pose no significant threat of adverse effect on human health, public safety, or the environment (including air quality and the aquatic environment) that is acute, chronic, cumulative, or collective.CommentsClose CommentsPermalink





`(B) TREATMENT METHODS- The treatment methods referred to in subparagraph (A) are all mechanical, physical, chemical, biological, and other treatment methods used in bodies of water of the United States (regardless of whether the bodies of water are navigable and regardless of the origin of the waters), to prevent, treat, or respond to the introduction of aquatic invasive species.CommentsClose CommentsPermalink





`(C) CONSULTATION- In carrying out subparagraph (A), the Administrator shall consult with--CommentsClose CommentsPermalink





`(i) the Secretary of Transportation;CommentsClose CommentsPermalink





`(ii) the Task Force (including the regional panels of the Task Force established under section 1203);CommentsClose CommentsPermalink





`(iii) the Director;CommentsClose CommentsPermalink





`(iv) the Assistant Secretary;CommentsClose CommentsPermalink





`(v) the Director of the National Marine Fisheries Service; andCommentsClose CommentsPermalink





`(vi) relevant State agencies.CommentsClose CommentsPermalink





`(2) PUBLICATION OF INFORMATION ON ENVIRONMENTALLY SOUND TREATMENT METHODS- The Administrator, in consultation with the Invasive Species Council, shall publish (not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act) and update annually--CommentsClose CommentsPermalink





`(A) a list of environmentally sound treatment methods that may apply to a potential aquatic invasive species response effort;CommentsClose CommentsPermalink





`(B) accompanying research that supports the environmental soundness of each approved treatment method; andCommentsClose CommentsPermalink





`(C) explicit guidelines under which each treatment method can be used in an environmentally sound manner.CommentsClose CommentsPermalink





`(3) REPORTS- The Invasive Species Council and Task Force shall include the information described in paragraph (2) in the reports submitted under section 1201(f)(2)(B).'.CommentsClose CommentsPermalink

SEC. 115. INFORMATION, EDUCATION, AND OUTREACH.

Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--CommentsClose CommentsPermalink





(1) by striking `(h) Education- The Task Force' and inserting the following:CommentsClose CommentsPermalink





`(h) Information, Education, and Outreach-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Task Force'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(2) ACTIVITIES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The programs carried out under paragraph (1) shall include the activities described in this paragraph.CommentsClose CommentsPermalink





`(B) PUBLIC OUTREACH-CommentsClose CommentsPermalink





`(i) PUBLIC WARNINGS- Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, each Federal officer of an agency that provides Federal funds to States for building or maintaining public access points to United States water bodies shall amend the guidelines of the agency, in consultation with relevant State agencies, to encourage the posting of regionally specific public warnings or other suitable informational and educational materials at the access points regarding--CommentsClose CommentsPermalink





`(I) the danger of spread of aquatic invasive species through the transport of recreational watercraft; andCommentsClose CommentsPermalink





`(II) methods for removing organisms prior to transporting a watercraft.CommentsClose CommentsPermalink





`(ii) CLEANING OF WATERCRAFT AT MARINAS- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Under Secretary and the Director (in cooperation with the Task Force and in consultation with the States, relevant industry groups, and Indian tribes) shall develop an education, outreach, and training program directed toward marinas and marina operators regarding--CommentsClose CommentsPermalink





`(I) checking watercraft for live organisms;CommentsClose CommentsPermalink





`(II) removing live organisms from the watercraft before the watercraft are commercially or recreationally trailered;CommentsClose CommentsPermalink





`(III) encouraging regular hull cleaning and maintenance, avoiding in-water hull cleaning; andCommentsClose CommentsPermalink





`(IV) other activities, as identified by the Secretary.CommentsClose CommentsPermalink





`(iii) PROPER DISPOSAL OF NONINDIGENOUS LIVE AQUATIC ORGANISMS IN TRADE- The Task Force shall--CommentsClose CommentsPermalink





`(I) not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, develop (in consultation with industry and other affected parties) issue guidelines for proper disposal of live nonindigenous aquatic organisms in trade; andCommentsClose CommentsPermalink





`(II) use the guidelines in appropriate public information and outreach efforts.CommentsClose CommentsPermalink





`(C) 100th MERIDIAN PROGRAM-CommentsClose CommentsPermalink





`(i) IN GENERAL- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force shall expand the information and education program directed at recreational boaters in States from which watercraft are transported westward across the 100th meridian.CommentsClose CommentsPermalink





`(ii) ACTIVITIES- In carrying out the program, the task force shall--CommentsClose CommentsPermalink





`(I) survey owners of watercraft transported westward across the 100th meridian to determine the States of origin of most such owners;CommentsClose CommentsPermalink





`(II) provide information directly to watercraft owners concerning the importance of cleaning watercraft carrying live organisms before transporting the watercraft; andCommentsClose CommentsPermalink





`(III) support education and information programs of the States of origin to ensure that the State programs address westward spread.CommentsClose CommentsPermalink





`(D) INFORMATION AND EDUCATION PROGRAM BY NATIONAL PARK SERVICE- The Secretary of the Interior, acting through the Director of the National Park Service, shall develop a program to provide public outreach and other educational activities to prevent the spread of aquatic invasive species by recreational watercraft in parkland or through events sponsored by the National Park Service.CommentsClose CommentsPermalink





`(3) OUTREACH TO INDUSTRY- The Task Force, in conjunction with the Invasive Species Council, shall carry out activities to inform and promote voluntary cooperation and regulatory compliance by members of the national and international maritime, horticultural, aquarium, aquaculture, and pet trade industries with screening, monitoring, and control of the transportation of aquatic invasive species.CommentsClose CommentsPermalink





`(4) PUBLIC ACCESS TO MONITORING INFORMATION- The Task Force, the Invasive Species Council, and other relevant agencies, shall maintain information on the Internet regarding--CommentsClose CommentsPermalink





`(A) the best approaches for the public and private interests to use in assisting with national early detection and monitoring of aquatic invasive species in waters of the United States;CommentsClose CommentsPermalink





`(B) contact locations for joining a national network of monitoring stations;CommentsClose CommentsPermalink





`(C) approved State Management Plans under section 1204(a) and Rapid Response Contingency Strategies under sections 1211(a)(2) and 1211(c); andCommentsClose CommentsPermalink





`(D) the list of potential invaders under section 1201(a)(4).'.CommentsClose CommentsPermalink

CHAPTER 4--COORDINATION

SEC. 116. PROGRAM COORDINATION.

(a) Membership of Task Force- Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6) by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating paragraph (7) as paragraph (12); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





`(7) the Director of the United States Geological Survey;CommentsClose CommentsPermalink





`(8) the Director of the Smithsonian Environmental Research Center;CommentsClose CommentsPermalink





`(9) the Secretary of State;CommentsClose CommentsPermalink





`(10) the Secretary of Transportation;CommentsClose CommentsPermalink





`(11) the Secretary of Homeland Security; and'.CommentsClose CommentsPermalink





(b) Coordination With Invasive Species Council- Section 1201(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(f)) is amended--CommentsClose CommentsPermalink





(1) by striking `Each Task Force member' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- Each member of the Task Force'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(2) INVASIVE SPECIES COUNCIL- The Invasive Species Council shall--CommentsClose CommentsPermalink





`(A) coordinate and cooperate with the Task Force in carrying out the duties of the Invasive Species Council relating to aquatic invasive species;CommentsClose CommentsPermalink





`(B) not later than 2 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, submit to Congress a report that summarizes the status of the conduct of activities authorized by and required under this Act; andCommentsClose CommentsPermalink





`(C) establish any regional panels or task forces in coordination with the regional panels of the Task Force convened under section 1203.'.CommentsClose CommentsPermalink





(c) Coordination With Other Programs- Section 1202(c) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) RECOMMENDATIONS FOR LISTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Task Force shall annually recommend to Federal agencies of jurisdiction such additions of aquatic invasive species as the Task Force determines to be appropriate for inclusion on--CommentsClose CommentsPermalink





`(i) any list of species of wildlife under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) (including regulations under such Act); orCommentsClose CommentsPermalink





`(ii) any list of noxious weeds under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).CommentsClose CommentsPermalink





`(B) PROCESS- The Task Force may use the screening process developed pursuant to section 1105 to identify species pursuant to subparagraph (A).'.CommentsClose CommentsPermalink





(d) Regional Coordination- Section 1203 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Annual Interregional Meeting- The Task Force shall annually convene all regional panels established pursuant to this Act for the purpose of information transfer between and among panels, and between the panels and the Task Force, regarding aquatic invasive species management.CommentsClose CommentsPermalink





`(e) Organizations- An interstate organization that has a Federal charter authorized by law, interstate agreement, or Executive order for purposes of fisheries or natural resource management may receive funds under this Act to implement activities authorized under this Act.'.CommentsClose CommentsPermalink





(e) State Aquatic Invasive Species Management Plans- Section 1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(A) by inserting before the semicolon at the end the following: `, including, in accordance with guidelines issued by the Task Force under paragraph (5)--CommentsClose CommentsPermalink





`(A) rapid response contingency strategies under section 1211;CommentsClose CommentsPermalink





`(B) early detection strategies under section 1211(a)(2)(D);CommentsClose CommentsPermalink





`(C) aquatic plant control programs pursuant to other law; andCommentsClose CommentsPermalink





`(D) screening of planned introductions pursuant to section 1105;'.CommentsClose CommentsPermalink





(2) in paragraph (2)(D) by inserting `include' after `(D)'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(5) GUIDELINES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force shall publish in the Federal Register guidelines for the development of plans under this subsection, including guidelines for reporting progress in implementing the plans, to encourage consistency in implementation of and reporting under those plans.CommentsClose CommentsPermalink





`(B) GUIDELINES- The guidelines published under subparagraph (A) shall include, for the purpose of paragraph (2)(A), guidelines concerning--CommentsClose CommentsPermalink





`(i) rapid response contingency strategies under section 1211;CommentsClose CommentsPermalink





`(ii) early detection and monitoring strategies under section 1211(a)(2)(D);CommentsClose CommentsPermalink





`(iii) aquatic plant control programs;CommentsClose CommentsPermalink





`(iv) screening of planned introductions pursuant to and consistent with section 1105; andCommentsClose CommentsPermalink





`(v) the review and revision of requirements of this subsection and the reapproval process under this subsection.CommentsClose CommentsPermalink





`(6) RELATIONSHIP TO OTHER PLANS-CommentsClose CommentsPermalink





`(A) IN GENERAL- A plan approved under paragraph (4) shall be deemed to meet any State planning requirement of the program established under section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) for a plan to control noxious aquatic plant growths.CommentsClose CommentsPermalink





`(B) ENFORCEMENT- Funds provided to States for implementation of plans pursuant to section 1204 may be used by States to enforce requirements relating to aquatic invasive species under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).CommentsClose CommentsPermalink





`(7) REVIEW AND REVISION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Each State shall periodically review and, as necessary and subject to subparagraph (B), revise the management plan of the State in accordance with guidelines of the Task Force under paragraph (5).CommentsClose CommentsPermalink





`(B) UPDATE OF EXISTING PLANS- A State plan approved under the section before the date of the enactment of the National Aquatic Species Act of 2006 shall be revised by the State under guidelines issued by the Director to conform to the guidelines published under paragraph (5), but shall be treated as a plan approved under this subsection for purposes of grants under this section.CommentsClose CommentsPermalink





`(8) OTHER STATE MANAGEMENT PLANS- In addition to the management plans required under this subsection, the Director shall encourage each State to develop and implement new, and expand existing, State management plans to improve State actions to prevent and control aquatic invasive species.'.CommentsClose CommentsPermalink





(f) Grant Program- Section 1204(b)(1) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by striking `subsection (a) for the implementation of those plans.' and inserting the following: `subsection (a)--CommentsClose CommentsPermalink





`(A) to develop those plans with a total amount that does not exceed 10 percent of the amounts made available for grants under this section for each fiscal year; andCommentsClose CommentsPermalink





`(B) to implement those plans.'.CommentsClose CommentsPermalink

SEC. 117. INTERNATIONAL COORDINATION.

Subtitle E of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking the subtitle heading and inserting the following:CommentsClose CommentsPermalink

`Subtitle E--Administration';

andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1402. INTERNATIONAL COORDINATION.

`(a) In General- The Task Force, the Invasive Species Council, and the Secretary of State shall, to the maximum extent practicable, coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species (including through the International Maritime Organization, the International Convention on the Exploration of the Sea, the Global Invasive Species Program, and other appropriate programs) are coordinated with policies of the United States established by this Act.CommentsClose CommentsPermalink





`(b) Coordination With Neighboring Countries-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Task Force, in consultation with the Secretary of State, shall include in the report required by section 1202(m) a description of the means by which international agreements and regulations with countries that share a border with the United States will be implemented and enforced by Federal agencies (including a clarification of the roles and responsibilities of those agencies).CommentsClose CommentsPermalink





`(2) NEGOTIATIONS- As soon as practicable after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary of State may enter into negotiations with--CommentsClose CommentsPermalink





`(A) Canada to issue a request that the International Joint Commission, by not later than 18 months after the date of enactment of that Act, review, research, conduct hearings on, and submit to the parties represented on the International Joint Commission a report that describes the success of current policies of governments in the United States and Canada having jurisdiction over the Great Lakes in anticipating and preventing biological invasions of the aquatic ecosystem in the Great Lakes, including--CommentsClose CommentsPermalink





`(i) an analysis of current Federal, State or Provincial, local, and international laws, enforcement practices, and agreements;CommentsClose CommentsPermalink





`(ii) an analysis of prevention efforts related to all likely pathways for biological invasions of the aquatic ecosystem in the Great Lakes; andCommentsClose CommentsPermalink





`(iii) recommendations of the International Joint Commission for means by which to improve and harmonize the policies and enforcement practices referred to in clause (i); andCommentsClose CommentsPermalink





`(B) Mexico, to ensure coordination of efforts of the United States with efforts of Mexico to manage invasive species established in the United States-Mexico border region.'.CommentsClose CommentsPermalink