Display Version Introduced in House

HR 500 IHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 500CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 14, 2009CommentsClose CommentsPermalink

Mr. EHLERS (for himself, Mr. DINGELL, Mr. KIRK, Ms. SLAUGHTER, Mr. LEVIN, Mr. KILDEE, Mr. ROGERS of Michigan, Mr. STUPAK, Mr. MCCOTTER, Mr. PETERS, Mr. HOEKSTRA, Mr. UPTON, Mr. KUCINICH, Ms. SUTTON, Ms. MOORE of Wisconsin, Ms. BALDWIN, Ms. SCHAKOWSKY, Ms. KAPTUR, Mr. SENSENBRENNER, Mr. HIGGINS, and Mr. CONYERS) 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

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A BILLCommentsClose 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. Environmental soundness.CommentsClose CommentsPermalink





Sec. 114. 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 providing 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 ecological catastrophe;CommentsClose CommentsPermalink





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





(i) toxic chemicals;CommentsClose CommentsPermalink





(ii) the 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) more than 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 mussel, an aquatic invasive species, causes $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 were released on December 12, 2005, identify actions to address the issues affecting the Great Lakes 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, 2011.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, 2009.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, 2012.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 PREVENTIONCommentsClose CommentsPermalink

Subtitle A--National Aquatic Invasive SpeciesCommentsClose CommentsPermalink

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, 2013, 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, 2013; 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, 2012, the Secretary, in consultation with the Administrator, based on technology assessments implemented before July 31, 2012, 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. ENVIRONMENTAL SOUNDNESS.

Section 1202(k) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended to read as follows: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. 114. 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’;CommentsClose CommentsPermalink

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 1201(f)(2)(B) 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

CHAPTER 5--AUTHORIZATION OF APPROPRIATIONS

SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

‘(a) In General- Except as otherwise provided in this section, there are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





‘(b) Task Force and Aquatic Nuisance Species Program- There are authorized to be appropriated for each of fiscal years 2010 through 2014--CommentsClose CommentsPermalink





‘(1) $8,000,000, to carry out activities of the Task Force under section 1202, of which--CommentsClose CommentsPermalink





‘(A) $4,000,000 shall be used by the Director;CommentsClose CommentsPermalink





‘(B) $3,000,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(C) $1,000,000 shall be used by the Invasive Species Council;CommentsClose CommentsPermalink





‘(2) $30,000,000, to provide grants under section 1204(b);CommentsClose CommentsPermalink





‘(3) $3,000,000, to provide assistance to the regional panels of the Task Force; andCommentsClose CommentsPermalink





‘(4) $1,000,000, to be used by the Director to carry out section 1105(g).CommentsClose CommentsPermalink





‘(c) International Coordination- There is authorized to be appropriated to the Department of State to carry out section 1403 $1,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





‘(d) Prevention of Introduction by Vessels of Aquatic Invasive Species Into Waters of the United States- There are authorized to be appropriated for each of fiscal years 2010 through 2014--CommentsClose CommentsPermalink





‘(1) $6,000,000, to be used by the Secretary to carry out section 1101;CommentsClose CommentsPermalink





‘(2) $2,500,000, to be used by the Administrator to carry out section 1101; andCommentsClose CommentsPermalink





‘(3) $2,750,000, to be used by the Task Force to carry out section 1101, of which--CommentsClose CommentsPermalink





‘(A) $1,500,000 shall be used by the Director; andCommentsClose CommentsPermalink





‘(B) $1,250,000 shall be used by the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





‘(e) Prevention of the Introduction by Nonvessel Pathways of Aquatic Invasive Species Into Waters of the United States- There are authorized to be appropriated for each of fiscal years 2010 through 2014--CommentsClose CommentsPermalink





‘(1) $5,000,000, to carry out the priority pathway management program under section 1210, of which--CommentsClose CommentsPermalink





‘(A) $2,000,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(B) $3,000,000 shall be used by the Director;CommentsClose CommentsPermalink





‘(2) $1,000,000, to be used by the Invasive Species Council to establish screening guidelines under section 1105(b); andCommentsClose CommentsPermalink





‘(3) $3,500,000, to be used by the Director to promulgate and implement screening requirements under section 1105(g).CommentsClose CommentsPermalink





‘(f) Early Detection and Monitoring- There are authorized to be appropriated, to carry out early detection, monitoring, and survey planning and implementation under section 1106, $2,000,000 for each of fiscal years 2010 and 2011 and $10,000,000 for each of fiscal years 2012 through 2014, of which--CommentsClose CommentsPermalink





‘(1) for each of fiscal years 2010 and 2011--CommentsClose CommentsPermalink





‘(A) $1,000,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(B) $1,000,000 shall be used by the Director; andCommentsClose CommentsPermalink





‘(2) for each of fiscal years 2012 through 2014--CommentsClose CommentsPermalink





‘(A) $5,000,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(B) $5,000,000 shall be used by the Director.CommentsClose CommentsPermalink





‘(g) Rapid Response and Environmental Soundness-CommentsClose CommentsPermalink





‘(1) RAPID RESPONSE- There are authorized to be appropriated for each of fiscal years 2010 through 2014--CommentsClose CommentsPermalink





‘(A) $25,000,000, to the rapid response fund of the Secretary of the Interior established under section 1211;CommentsClose CommentsPermalink





‘(B) $1,000,000, to be used by the Invasive Species Council in developing the State and regional rapid response contingency strategy under section 1211; andCommentsClose CommentsPermalink





‘(C) $1,500,000, to be used for Federal rapid response teams under section 1211(e), of which--CommentsClose CommentsPermalink





‘(i) $500,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(ii) $1,000,000 shall be used by the Director.CommentsClose CommentsPermalink





‘(2) ENVIRONMENTAL SOUNDNESS- There is authorized to be appropriated for establishment under section 1202(k) of criteria for the improvement of treatment methods for aquatic invasive species $600,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





‘(h) Information, Education, and Outreach- There are authorized to be appropriated for each of fiscal years 2010 through 2014--CommentsClose CommentsPermalink





‘(1) $500,000, to be used by the Secretary of the Interior to carry out the information and education program under section 1202(h)(2)(D);CommentsClose CommentsPermalink





‘(2) $750,000, to be used by the Director in carrying out the 100th meridian program under section 1202(h)(2)(C);CommentsClose CommentsPermalink





‘(3) $2,000,000, to be used to carry out informational and educational activities of the Task Force under section 1202(h), of which--CommentsClose CommentsPermalink





‘(A) $1,000,000 shall be used by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





‘(B) $1,000,000 shall be used by the Director; andCommentsClose CommentsPermalink





‘(4) $500,000, to be used by the National Oceanic and Atmospheric Administration to carry out section 1202(h)(2)(B)(ii).’.CommentsClose CommentsPermalink

CHAPTER 6--CONFORMING AMENDMENTS

SEC. 126. CONFORMING AMENDMENTS.

(a) In General- The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 is amended--CommentsClose CommentsPermalink





(1) in section 1101 (16 U.S.C. 4711) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

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

(2) in section 1102 (16 U.S.C. 4712)--CommentsClose CommentsPermalink





(A) in subsection (a) by striking the subsection heading and inserting the following:CommentsClose CommentsPermalink





‘(a) Studies on Introduction of Aquatic Invasive Species by Vessels- ’; andCommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking paragraph (1); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;CommentsClose CommentsPermalink





(3) in subtitle C (16 U.S.C. 4721 et seq.) by striking the subtitle heading and inserting the following:CommentsClose CommentsPermalink

‘Subtitle C--Prevention and Control of Aquatic Invasive Species Dispersal’;CommentsClose CommentsPermalink

(4) in section 1201(a) (16 U.S.C. 4721(a)) by striking ‘Nuisance Species’ and inserting ‘Invasive Species’;CommentsClose CommentsPermalink





(5) in section 1202 (16 U.S.C. 4722) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’;

(6) in section 1204 (16 U.S.C. 4724) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.’;

andCommentsClose CommentsPermalink





(7) by striking ‘aquatic nuisance species’ each place it appears and inserting ‘aquatic invasive species’.CommentsClose CommentsPermalink





(b) Short Title- (1) Section 1001 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended by striking ‘Nonindigenous Aquatic Nuisance’ and inserting ‘Nonindigenous Aquatic Invasive Species’.CommentsClose CommentsPermalink





(2) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 shall be deemed to be a reference to the Nonindigenous Aquatic Invasive Species Prevention and Control Act of 1990.CommentsClose CommentsPermalink

Subtitle B--Aquatic Invasive Species ResearchCommentsClose CommentsPermalink

SEC. 141. FINDINGS.

The Congress makes the following findings:CommentsClose CommentsPermalink





(1) Aquatic invasive species damage infrastructure, disrupt commerce, outcompete native species, reduce biodiversity, and threaten human health.CommentsClose CommentsPermalink





(2) The direct and indirect costs of aquatic invasive species to our Nation’s economy number in the billions of dollars per year.CommentsClose CommentsPermalink





(3) Recent studies have shown that, in addition to economic damage, invasive species cause enormous environmental damage, and have cited invasive species as the second leading threat to endangered species.CommentsClose CommentsPermalink





(4) Over the past 200 years, the rate of detected marine and freshwater invasions in North America has increased exponentially.CommentsClose CommentsPermalink





(5) The rate of invasions continues to grow each year.CommentsClose CommentsPermalink





(6) Marine and freshwater research underlies every aspect of detecting, preventing, controlling, and eradicating invasive species, educating citizens and stakeholders, and restoring ecosystems.CommentsClose CommentsPermalink





(7) Current Federal efforts, including research efforts, have focused primarily on controlling established invasive species, which is both costly and often unsuccessful. An emphasis on research, development, and demonstration to support efforts to prevent invasive species or eradicate them upon entry into United States waters would likely result in a more cost-effective and successful approach to combating invasive species through preventing initial introduction.CommentsClose CommentsPermalink





(8) Research, development, and demonstration to support prevention and eradication includes monitoring of both pathways and ecosystems to track the introduction and establishment of nonnative species, and development and testing of technologies to prevent introduction through known pathways.CommentsClose CommentsPermalink





(9) Therefore, Congress finds that it is in the United States interest to conduct a comprehensive and thorough research, development, and demonstration program on aquatic invasive species in order to better understand how aquatic invasive species are introduced and become established and to support efforts to prevent the introduction and establishment of, and to eradicate, these species.CommentsClose CommentsPermalink

SEC. 142. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTERING AGENCIES- The term ‘administering agencies’ means--CommentsClose CommentsPermalink





(A) the National Oceanic and Atmospheric Administration (including the Great Lakes Environmental Research Laboratory);CommentsClose CommentsPermalink





(B) the Smithsonian Institution (acting through the Smithsonian Environmental Research Center); andCommentsClose CommentsPermalink





(C) the United States Geological Survey.CommentsClose CommentsPermalink





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





(3) 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





(4) INVASION- The term ‘invasion’ means the introduction and establishment of an invasive species into an ecosystem beyond its historic range.CommentsClose CommentsPermalink





(5) INVASIVE SPECIES- The term ‘invasive species’ means a species--CommentsClose CommentsPermalink





(A) that is nonnative to the ecosystem under consideration; andCommentsClose CommentsPermalink





(B) whose introduction causes or may cause harm to the economy, the environment, or human health.CommentsClose CommentsPermalink





(6) INVASIVE SPECIES COUNCIL- The term ‘Invasive Species Council’ means the council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).CommentsClose CommentsPermalink





(7) PATHWAY- The term ‘pathway’ means 1 or more routes by which an invasive species is transferred from one ecosystem to another.CommentsClose CommentsPermalink





(8) SPECIES- The term ‘species’ means any fundamental category of taxonomic classification or any viable biological material ranking below a genus or subgenus.CommentsClose CommentsPermalink





(9) TASK FORCE- The term ‘Task Force’ means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)).CommentsClose CommentsPermalink





(10) TYPE APPROVAL- The term ‘type approval’ means an approval procedure under which a type of system is certified as meeting a standard established pursuant to Federal law for a particular application.CommentsClose CommentsPermalink

SEC. 143. COORDINATION AND IMPLEMENTATION.

(a) Coordination- In carrying out this Act, the administering agencies shall coordinate with--CommentsClose CommentsPermalink





(1) appropriate State agencies;CommentsClose CommentsPermalink





(2) the Fish and Wildlife Service, the Environmental Protection Agency, and other appropriate Federal agencies; andCommentsClose CommentsPermalink





(3) the Task Force and Invasive Species Council.CommentsClose CommentsPermalink





(b) Implementation- The administering agencies shall enter into a memorandum of understanding regarding the implementation of this Act, which shall include the coordination required by subsection (a).CommentsClose CommentsPermalink





(c) Cooperation- In carrying out this Act, the administering agencies shall contract, as appropriate, or otherwise cooperate with academic researchers.CommentsClose CommentsPermalink





(d) Structure- To the extent practicable, the administering agencies shall carry out this Act working within the organizational structure of the Task Force and Invasive Species Council.CommentsClose CommentsPermalink

SEC. 144. ECOLOGICAL AND PATHWAY RESEARCH.

(a) In General- The administering agencies shall develop and conduct a marine and fresh-water research program which shall include ecological and pathway surveys and experimentation to detect nonnative aquatic species in aquatic ecosystems and to assess rates and patterns of introductions of nonnative aquatic species in aquatic ecosystems. The goal of this marine and freshwater research program shall be to support efforts to prevent the introduction of, detect, and eradicate invasive species through informing early detection and rapid response efforts, informing relevant policy decisions, and assessing the effectiveness of implemented policies to prevent the introduction and spread of aquatic invasive species. Surveys and experiments under this subsection shall be commenced not later than 18 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Protocol Development- The administering agencies shall establish standardized protocols for conducting ecological and pathway surveys of nonnative aquatic species under subsection (a) that are integrated and produce comparable data. Protocols shall, as practicable, be integrated with existing protocols and data collection methods. In developing the protocols under this subsection, the administering agencies shall draw on the recommendations gathered at the workshop under subsection (g). The protocols shall be peer reviewed, and revised as necessary. Protocols shall be completed within 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Ecological and Pathway Survey Requirements- (1) Each ecological survey conducted under subsection (a) shall, at a minimum--CommentsClose CommentsPermalink





(A) document baseline ecological information of the aquatic ecosystem including, to the extent practicable, a comprehensive inventory of native species, nonnative species, and species of unknown origin present in the ecosystem, as well as the chemical and physical characteristics of the water and underlying substrate;CommentsClose CommentsPermalink





(B) for nonnative species, gather information to assist in identifying their life history, environmental requirements and tolerances, the historic range of their native ecosystems, and their history of spreading from their native ecosystems;CommentsClose CommentsPermalink





(C) track the establishment of nonnative species including information about the estimated abundance of nonnative organisms in order to allow an analysis of the probable date of introduction of the species; andCommentsClose CommentsPermalink





(D) identify the likely pathway of entry of nonnative species.CommentsClose CommentsPermalink





(2) Each pathway survey conducted under this section shall, at a minimum--CommentsClose CommentsPermalink





(A) identify what nonnative aquatic species are being introduced or may be introduced through the pathways under consideration;CommentsClose CommentsPermalink





(B) determine the quantities of organisms being introduced through the pathways under consideration; andCommentsClose CommentsPermalink





(C) determine the practices that contributed to or could contribute to the introduction of nonnative aquatic species through the pathway under consideration.CommentsClose CommentsPermalink





(d) Number and Location of Survey Sites- The administering agencies shall designate the number and location of survey sites necessary to carry out marine and freshwater research required under this section. In establishing sites under this subsection or subsection (e), emphasis shall be on the geographic diversity of sites, as well as the diversity of the human uses and biological characteristics of sites.CommentsClose CommentsPermalink





(e) Competitive Grant Program- The National Oceanic and Atmospheric Administration and the United States Geological Survey shall jointly administer a program to award competitive, peer-reviewed grants to academic institutions, State agencies, and other appropriate groups, in order to assist in carrying out subsection (a), and shall include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, or other underrepresented populations.CommentsClose CommentsPermalink





(f) Ship Pathway Surveys- Section 1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:CommentsClose CommentsPermalink





‘(ii) examine other potential modes for the introduction of nonnative aquatic species by ship, including hull fouling.’.CommentsClose CommentsPermalink





(g) Workshop- In order to support the development of the protocols and design for the surveys under subsections (b) and (c), and to determine how to obtain consistent, comparable data across a range of ecosystems, the administering agencies shall convene at least one workshop with appropriate researchers and representatives involved in the management of aquatic invasive species from Federal and State agencies and academic institutions to gather recommendations. The administering agencies shall make the results of the workshop widely available to the public. The workshop shall be held within 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(h) Experimentation- The administering agencies shall conduct research to identify the relationship between the introduction and establishment of nonnative aquatic species, including those legally introduced, and the circumstances necessary for those species to become invasive.CommentsClose CommentsPermalink





(i) National Pathway and Ecological Surveys Database-CommentsClose CommentsPermalink





(1) IN GENERAL- The United States Geological Survey shall develop, maintain, and update, in consultation and cooperation with the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), the National Oceanic and Atmospheric Administration, and the Task Force, a central, national database of information concerning information collected under this section.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The database shall--CommentsClose CommentsPermalink





(A) be widely available to the public;CommentsClose CommentsPermalink





(B) be updated not less than once a quarter;CommentsClose CommentsPermalink





(C) be coordinated with existing databases, both domestic and foreign, collecting similar information; andCommentsClose CommentsPermalink





(D) be, to the maximum extent practicable, formatted such that the data is useful for both researchers and Federal and State employees managing relevant invasive species programs.CommentsClose CommentsPermalink

SEC. 145. ANALYSIS.

(a) Invasion Analysis-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, and every year thereafter, the administering agencies shall analyze data collected under section 144 and other relevant research on the rates and patterns of invasions by aquatic invasive species in waters of the United States. The purpose of this analysis shall be to use the data collected under section 144 and other relevant research to support efforts to prevent the introduction of, detect, and eradicate invasive species through informing early detection and rapid response efforts, informing relevant policy decisions, and assessing the effectiveness of implemented policies to prevent the introduction and spread of invasive species.CommentsClose CommentsPermalink





(2) CONTENTS- The analysis required under paragraph (1) shall include with respect to aquatic invasive species--CommentsClose CommentsPermalink





(A) an analysis of pathways, including--CommentsClose CommentsPermalink





(i) identifying, and characterizing as high, medium, or low risk, pathways regionally and nationally;CommentsClose CommentsPermalink





(ii) identifying new and expanding pathways;CommentsClose CommentsPermalink





(iii) identifying handling practices that contribute to the introduction of species in pathways; andCommentsClose CommentsPermalink





(iv) assessing the risk that species legally introduced into the United States pose for introduction into aquatic ecosystems;CommentsClose CommentsPermalink





(B) patterns and rates of invasion and susceptibility to invasion of various bodies of water;CommentsClose CommentsPermalink





(C) how the risk of establishment through a pathway is related to the identity and number of organisms transported;CommentsClose CommentsPermalink





(D) rates of spread and numbers and types of pathways of spread of new populations of the aquatic invasive species and an estimation of the potential spread and distribution of newly introduced invasive species based on their environmental requirements and historical distribution;CommentsClose CommentsPermalink





(E) documentation of factors that influence an ecosystem’s vulnerability to a nonnative aquatic species becoming invasive;CommentsClose CommentsPermalink





(F) a description of the potential for, and impacts of, pathway management programs on invasion rates;CommentsClose CommentsPermalink





(G) recommendations for improvements in the effectiveness of pathway management;CommentsClose CommentsPermalink





(H) to the extent practical, a determination of the level of reduction in live organisms of various taxonomic groups required to reduce the risk of establishment to receiving aquatic ecosystems to an acceptable level; andCommentsClose CommentsPermalink





(I) an evaluation of the effectiveness of management actions (including any standard) at preventing nonnative species introductions and establishment.CommentsClose CommentsPermalink





(b) Research To Assess the Potential of the Establishment of Introduced Species- Within 2 years after the date of the enactment of this Act, the administering agencies shall develop a profile, based on the general characteristics of invasive species and vulnerable ecosystems, in order to predict, to the extent practical, whether a species planned for importation is likely to invade a particular aquatic ecosystem if introduced. In developing the profile, the above agencies shall analyze the research conducted under section 144, and other research as necessary, to determine general species and ecosystem characteristics (taking into account the opportunity for introduction into any ecosystem) and circumstances that can lead to establishment. Based on the profile, the Task Force shall make recommendations to the Invasive Species Council as to what planned importations of nonnative aquatic organisms should be restricted. This profile shall be peer-reviewed.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated for carrying out this section and section 144, and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 2010 through 2014--CommentsClose CommentsPermalink





(1) $4,000,000 for the Smithsonian Environmental Research Center;CommentsClose CommentsPermalink





(2) $11,000,000 for the United States Geological Survey (including activities through the Cooperative Fish and Wildlife Research Program), of which $6,500,000 shall be for the grant program under section 144(e), and of which $500,000 shall be for developing, maintaining, and updating the database under section 144(i); andCommentsClose CommentsPermalink





(3) $10,500,000 for the National Oceanic and Atmospheric Administration, of which $6,500,000 shall be for the grant program under section 144(e).CommentsClose CommentsPermalink

SEC. 146. DISSEMINATION.

(a) In General- The Invasive Species Council, in coordination with the Task Force and the administering agencies, shall be responsible for disseminating the information collected under this Act to the public, including Federal, State, and local entities, relevant policymakers, and private researchers with responsibility over or interest in aquatic invasive species.CommentsClose CommentsPermalink





(b) Report to Congress- Not later than 3 years after the date of the enactment of this Act, the Invasive Species Council shall report actions and findings under section 145 to the Congress, and shall update this report once every 3 years thereafter, or more often as necessary.CommentsClose CommentsPermalink





(c) Response Strategy- The Invasive Species Council, in coordination with the Task Force, the administering agencies, and other appropriate Federal and State agencies, shall develop and implement a national strategy for how information collected under this Act will be shared with Federal, State, and local entities with responsibility for determining response to the introduction of potentially invasive aquatic species, to enable those entities to better and more rapidly respond to such introductions.CommentsClose CommentsPermalink





(d) Pathway Practices- The Invasive Species Council, in coordination with the Task Force and the administering agencies, shall disseminate information to, and develop an ongoing educational program for, pathway users (including vendors and customers) on how their practices could be modified to prevent the intentional or unintentional introduction of nonnative aquatic species into aquatic ecosystems.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of the Interior for each of the fiscal years 2010 through 2014 $500,000 for the Invasive Species Council for carrying out this section.CommentsClose CommentsPermalink

SEC. 147. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

(a) Environmentally Sound Technology Development, Demonstration, and Verification-CommentsClose CommentsPermalink





(1) GRANT PROGRAM- Not later than 1 year after the date of the enactment of this Act, the Environmental Protection Agency, acting through the Office of Research and Development, in consultation with the Army Corps of Engineers, the administering agencies, and the Task Force, shall develop and begin administering a grant program to fund research, development, demonstration, and verification of environmentally sound cost-effective technologies and methods to control and eradicate aquatic invasive species.CommentsClose CommentsPermalink





(2) PURPOSES- Proposals funded under this subsection shall--CommentsClose CommentsPermalink





(A) seek to support Federal, State, or local officials’ ongoing efforts to control and eradicate aquatic invasive species in an environmentally sound manner;CommentsClose CommentsPermalink





(B) increase the number of environmentally sound technologies or methods Federal, State, or local officials may use to control or eradicate aquatic invasive species;CommentsClose CommentsPermalink





(C) provide for demonstration or dissemination of the technology or method to potential end-users; andCommentsClose CommentsPermalink





(D) verify that any technology or method meets any appropriate criteria developed for effectiveness and environmental soundness by the Environmental Protection Agency.CommentsClose CommentsPermalink





(3) PREFERENCE- The Administrator of the Environmental Protection Agency shall give preference to proposals that will likely meet any appropriate criteria developed for environmental soundness by the Environmental Protection Agency.CommentsClose CommentsPermalink





(4) MERIT REVIEW- Grants shall be awarded under this subsection through a competitive, peer-reviewed process.CommentsClose CommentsPermalink





(5) REPORT- Not later than 3 years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall prepare and submit a report to Congress on the program conducted under this subsection. The report shall include findings and recommendations of the Administrator with regard to technologies and methods.CommentsClose CommentsPermalink





(b) Ship Pathway Technology Demonstration-CommentsClose CommentsPermalink





(1) REAUTHORIZATION OF PROGRAM- Section 1301(e) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741(e)) is amended by striking ‘$2,500,000’ and inserting ‘$7,500,000 for each of the fiscal years 2010 through 2014’.CommentsClose CommentsPermalink





(2) EXPANSION OF PROGRAM- Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4714(b)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; andCommentsClose CommentsPermalink





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





‘(4) ADDITIONAL PURPOSES- The Secretary of the Interior and the Secretary of Commerce may also demonstrate and verify technologies under this subsection to monitor and control pathways of organism transport on ships other than through ballast water.’.CommentsClose CommentsPermalink





(3) CRITERIA AND WORKSHOP- Section 1104 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4714) is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(d) Criteria- When issuing grants under this section, the National Oceanic and Atmospheric Administration shall give preference to those technologies that will likely meet the criteria laid out in any testing protocol developed by the Environmental Protection Agency Office of Research and Development’s Environmental Technology Verification Program.CommentsClose CommentsPermalink





‘(e) Workshop- The National Oceanic and Atmospheric Administration shall hold an annual workshop of principal investigators funded under this section and researchers conducting research directly related to ship pathway technology development, for information exchange, and shall make the proceedings widely available to the public.’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated for each of the fiscal years 2010 through 2014 $2,500,000 for the Environmental Protection Agency to carry out subsection (a).CommentsClose CommentsPermalink

SEC. 148. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP PATHWAY STANDARDS.

(a) Research Program- The Coast Guard and the Environmental Protection Agency, in coordination with the National Oceanic and Atmospheric Administration, the Task Force, and other appropriate Federal agencies and academic researchers, shall develop a coordinated research program to support the promulgation and implementation of standards to prevent the introduction and spread of invasive species by ships that shall include--CommentsClose CommentsPermalink





(1) characterizing physical, chemical, and biological harbor conditions relevant to ballast discharge into United States waters to inform the design and implementation of ship vector control technologies and practices;CommentsClose CommentsPermalink





(2) developing testing protocols for determining the effectiveness of vector monitoring and control technologies and practices;CommentsClose CommentsPermalink





(3) researching and demonstrating methods for mitigating the spread of invasive species by coastal voyages, including exploring the effectiveness of alternative exchange zones in the near coastal areas and other methods proposed to reduce transfers of organisms;CommentsClose CommentsPermalink





(4) verifying the practical effectiveness of any type approval process to ensure that the process produces repeatable and accurate assessments of treatment effectiveness; andCommentsClose CommentsPermalink





(5) evaluating the effectiveness and residual risk and environmental impacts associated with any standard set with respect to the ship pathway through experimental research.CommentsClose CommentsPermalink





(b) Working Group- Not later than 2 years after the issuance by the Coast Guard of any standard relating to the introduction by ships of invasive species, the Coast Guard shall convene a working group including the Environmental Protection Agency, the administering agencies, and other appropriate Federal and State agencies and academic researchers, to evaluate the effectiveness of that standard and accompanying implementation protocols. The duties of the working group shall, at a minimum, include--CommentsClose CommentsPermalink





(1) reviewing the effectiveness of the standard in reducing the establishment of invasive species in aquatic ecosystems, taking into consideration the data collected under section 144; andCommentsClose CommentsPermalink





(2) developing recommendations to the Coast Guard for the revision of such standard and type approval process to ensure effectiveness in reducing introductions and accurate shipboard monitoring of treatment performance that is simple and streamlined, which shall be made widely available to the public.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated for each of the fiscal years 2010 through 2014 $1,500,000 for the Coast Guard and $1,500,000 for the Environmental Protection Agency to carry out subsection (a).CommentsClose CommentsPermalink

SEC. 149. RESEARCH IN SYSTEMATICS AND TAXONOMY.

(a) In General- The National Science Foundation shall establish a program to award grants to researchers at institutions of higher education and museums to carry out research programs in systematics and taxonomy.CommentsClose CommentsPermalink





(b) Goals- The goals of the program under this section are to--CommentsClose CommentsPermalink





(1) encourage scientists to pursue careers in systematics and taxonomy to ensure a continuing knowledge base in these disciplines;CommentsClose CommentsPermalink





(2) ensure that there will be adequate expertise in systematics and taxonomy to support Federal, State, and local needs to identify species;CommentsClose CommentsPermalink





(3) develop this expertise throughout the United States with an emphasis on regional diversity; andCommentsClose CommentsPermalink





(4) draw on existing expertise in systematics and taxonomy at institutions of higher education and museums to train the next generation of systematists and taxonomists.CommentsClose CommentsPermalink





(c) Criteria- Grants shall be awarded under this section on a merit-reviewed competitive basis. Emphasis shall be placed on funding proposals in a diverse set of ecosystems and geographic locations, and, when applicable, integrated with the United States Long Term Ecological Research Network. Preference shall be given to proposals that will include student participation, and to institutions and museums that actively train students to become experts in taxonomy and systematics.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the National Science Foundation for carrying out this section $2,500,000 for each of the fiscal years 2010 through 2014.CommentsClose CommentsPermalink

SEC. 150. STATE PROGRAMS.

(a) Plan- The administering agencies, in cooperation with the appropriate State agencies, shall develop a plan to--CommentsClose CommentsPermalink





(1) conduct a survey of methods States and Federal agencies are using to control or eradicate aquatic invasive species;CommentsClose CommentsPermalink





(2) facilitate the exchange of information among States and Federal agencies on methods States or Federal agencies have found to be effective at controlling or eradicating aquatic invasive species and the costs of those methods; andCommentsClose CommentsPermalink





(3) evaluate the cost-effectiveness of the various methods States and Federal agencies are using to control or eradicate aquatic invasive species.CommentsClose CommentsPermalink





(b) Report- Not later than one year after the date of enactment of this Act, the administering agencies shall jointly transmit to the Congress the plan described in subsection (a) and the expected costs of carrying out the plan.CommentsClose CommentsPermalink

Subtitle C--Invasive Species CouncilCommentsClose CommentsPermalink

SEC. 161. SHORT TITLE.

This subtitle may be cited as the ‘National Invasive Species Council Act’.CommentsClose CommentsPermalink

SEC. 162. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.

(a) In General- No Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the head of the Federal agency, at his or her sole discretion and pursuant to guidelines developed under subsection (b), determines that--CommentsClose CommentsPermalink





(1) the benefits of the action under consideration clearly outweigh the potential harm to the environment, economy, or human health caused by the introduction or spread of the invasive species; andCommentsClose CommentsPermalink





(2) all feasible and prudent measures to minimize risk of harm to the environment, economy, or human health will be taken in carrying out the actions.CommentsClose CommentsPermalink





(b) Guidelines- The Council for Environmental Quality, in conjunction with the Invasive Species Council, shall develop guidelines for Federal agencies to analyze actions pursuant to this section.CommentsClose CommentsPermalink

SEC. 163. NATIONAL INVASIVE SPECIES COUNCIL.

(a) Establishment- There is established as an independent entity within the executive branch the National Invasive Species Council. The Council shall provide leadership and coordination among Federal agencies, and between the Federal Government and State and local governments, with respect to effort to minimize the economic, ecological, and human health impacts that invasive species cause and reduce the threat of further invasions.CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Council shall consist of the following members:CommentsClose CommentsPermalink





(A) The Secretary of the Interior.CommentsClose CommentsPermalink





(B) The Secretary of Agriculture.CommentsClose CommentsPermalink





(C) The Secretary of Commerce.CommentsClose CommentsPermalink





(D) The Secretary of State.CommentsClose CommentsPermalink





(E) The Secretary of the Treasury.CommentsClose CommentsPermalink





(F) The Secretary of Defense.CommentsClose CommentsPermalink





(G) The Secretary of Transportation.CommentsClose CommentsPermalink





(H) The Secretary of Health and Human Services.CommentsClose CommentsPermalink





(I) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(J) The Administrator of the United States Agency for International Development.CommentsClose CommentsPermalink





(K) Such additional members as may be appointed under paragraph (2).CommentsClose CommentsPermalink





(2) ADDITIONAL MEMBERS- With the concurrence of a majority of the members of the Council, the Chair of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning invasive species.CommentsClose CommentsPermalink





(c) Chair- The Secretary of the Interior shall serve as chair of the Council for the 3-year period beginning on the date of the enactment of this Act. Thereafter, the chair shall rotate every 3 years among the following members, in the order stated:CommentsClose CommentsPermalink





(1) The Secretary of Agriculture.CommentsClose CommentsPermalink





(2) The Secretary of Commerce.CommentsClose CommentsPermalink





(3) The Secretary of the Interior.CommentsClose CommentsPermalink





(d) Meetings- The Council shall meet at least semiannually, at the call of the chair.CommentsClose CommentsPermalink





(e) Executive Director-CommentsClose CommentsPermalink





(1) APPOINTMENT- The President shall appoint the Executive Director of the Council, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(2) CONSULTATION- Before appointing an individual under paragraph (1), the President shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce.CommentsClose CommentsPermalink





(3) QUALIFICATIONS- An individual appointed under this subsection must have legal or scientific experience and training in the area of natural resources, ecology, or agriculture, and experience in dealing with public policy matters regarding aquatic and terrestrial invasive species.CommentsClose CommentsPermalink





(4) TERM- The Executive Director of the Council shall serve a term of six years, unless removed earlier by the President.CommentsClose CommentsPermalink





(5) COMPENSATION- The Executive Director shall be paid at the maximum rate of basic pay for GS-15 of the General Schedule.CommentsClose CommentsPermalink

SEC. 164. DUTIES.

(a) In General- The Council shall ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.CommentsClose CommentsPermalink





(b) Specific Functions- To carry out subsection (a) the Council shall perform the following functions:CommentsClose CommentsPermalink





(1) Coordinate with existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, regional panels established under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the White House Office of Science and Technology Policy, to implement the National Management Plan.CommentsClose CommentsPermalink





(2) Develop recommendations for international cooperation between Federal and State Governments and other nations on tools, policies, and methods to prevent the introduction and export of invasive species into and from, respectively, the United States.CommentsClose CommentsPermalink





(3) Develop guidelines for Federal agency efforts to ensure that Federal programs concerning invasive species, including outreach programs, are coordinated with State, local, and tribal governments.CommentsClose CommentsPermalink





(4) Develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on prevention, control, and eradication of invasive species.CommentsClose CommentsPermalink





(5) Establish and maintain a publicly accessible, coordinated, up-to-date information sharing system that--CommentsClose CommentsPermalink





(A) allows the access to and exchange of information among Federal agencies and the public; andCommentsClose CommentsPermalink





(B) utilizes, to the greatest extent practicable, the Internet.CommentsClose CommentsPermalink





(6) Ensure that Federal agencies implement the plans, programs, and policies adopted by the Council in the National Management Plan through appropriate actions, including working in cooperation with Federal agencies on development of budgets pursuant to the President’s annual budget submission to the Congress.CommentsClose CommentsPermalink





(7) Evaluate Federal programs that are likely to cause or promote the introduction or spread of invasive species in the United States, and recommend actions Federal agencies can take to minimize the risk of introductions or further spread of invasive species.CommentsClose CommentsPermalink





(8) Develop and submit to the appropriate Committees of the House of Representatives and Senate and the Director of the Office of Management and Budget an annual list of priorities, ranked in high, medium, and low categories, of Federal efforts and programs in the following areas:CommentsClose CommentsPermalink





(A) Prevention.CommentsClose CommentsPermalink





(B) Eradication.CommentsClose CommentsPermalink





(C) Control.CommentsClose CommentsPermalink





(D) Monitoring.CommentsClose CommentsPermalink





(E) Research.CommentsClose CommentsPermalink





(F) Outreach.CommentsClose CommentsPermalink

SEC. 165. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.

(a) Development-CommentsClose CommentsPermalink





(1) IN GENERAL- The Council shall develop a National Invasive Species Management Plan that details and recommends performance-oriented goals and specific measures of success for carrying out each of the Federal agency activities related to invasive species.CommentsClose CommentsPermalink





(2) DEVELOPMENT PROCESS- The National Management Plan shall be developed through a public process and in consultation with Federal agencies, appropriate State and local entities, and other appropriate stakeholders.CommentsClose CommentsPermalink





(3) CONTENTS- The National Management Plan shall include recommendations of effective, cost-efficient, environmentally sound, and science-based approaches for the following:CommentsClose CommentsPermalink





(A) Prevention of the introduction of invasive species, including approaches for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways. Recommended approaches under this subparagraph shall provide for--CommentsClose CommentsPermalink





(i) a process to evaluate risks associated with the introduction and spread of invasive species; andCommentsClose CommentsPermalink





(ii) a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species.CommentsClose CommentsPermalink





(B) Cooperating with other nations to increase their capacity to control their invasive species and to prevent the spread of invasive species across international borders.CommentsClose CommentsPermalink





(C) Rapidly detecting and responding to incipient invasions of invasive species.CommentsClose CommentsPermalink





(D) Managing new and established populations of invasive species by eradicating them or controlling their spread.CommentsClose CommentsPermalink





(E) Accurately and reliably monitoring new and established populations of invasive species.CommentsClose CommentsPermalink





(F) Restoring native species and habitat conditions in ecosystems that have been invaded by invasive species.CommentsClose CommentsPermalink





(G) Evaluating and documenting the impacts of invasive species on the economy, the environment, and human health.CommentsClose CommentsPermalink





(H) Conducting research on the matters referred to in subparagraphs (A) through (F).CommentsClose CommentsPermalink





(I) Developing technologies to prevent the introduction and provide for the management of invasive species.CommentsClose CommentsPermalink





(J) Promoting public education on invasive species and the means to address them.CommentsClose CommentsPermalink





(4) IDENTIFICATION OF NEEDED PERSONNEL, ETC- The National Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the goals included in the plan.CommentsClose CommentsPermalink





(b) Existing Plan- The Management Plan of the National Invasive Species Council adopted in 2001 shall be treated as the National Management Plan required under subsection (a) until the date of the issuance of the National Management plan in accordance with subsection (c).CommentsClose CommentsPermalink





(c) Issuance and Update of National Management Plan- The Council shall--CommentsClose CommentsPermalink





(1) issue the National Management Plan required under subsection (a) by not later than December 31, 2010;CommentsClose CommentsPermalink





(2) update the National Management Plan by not later than December 31 biennially; andCommentsClose CommentsPermalink





(3) concurrently with the process of updating the National Management Plan, evaluate and report to the Congress on success in achieving the goals set forth in the National Management Plan.CommentsClose CommentsPermalink





(d) Agency Reports- Within 18 months after the date of the issuance of any edition of the National Management Plan that recommends action by a Federal agency, the head of such agency shall report to the Congress any of such actions that the agency has not taken, with an explanation of why the action is not feasible.CommentsClose CommentsPermalink

SEC. 166. INVASIVE SPECIES ADVISORY COMMITTEE.

(a) In General- The Council shall have an advisory committee to provide information and advice for consideration by the Council, which shall be known as the Invasive Species Advisory Committee. Except as otherwise provided in this section, the advisory committee shall be organized, perform the functions, and have the authorities specified in the charter for such advisory committee signed by the Secretary of the Interior on October 30, 2001.CommentsClose CommentsPermalink





(b) Appointment- Members of the advisory committee shall be appointed by the chair of the Council, after consultation with the other members of the Council, from among individuals representing stakeholders with respect to Federal programs for minimizing the economic, ecological, and human health impacts that invasive species cause.CommentsClose CommentsPermalink





(c) Functions- In addition to the functions specified in the charter referred to in subsection (a), the advisory committee shall recommend to the Council plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals of the National Management Plan required under 165.CommentsClose CommentsPermalink





(d) Continuing Operation of Existing Committee- Any advisory committee appointed before the date of the enactment of this Act pursuant to the charter referred to in subsection (a) may continue in effect under this section.CommentsClose CommentsPermalink

SEC. 167. BUDGET CROSSCUT.

The Director of the Office of Management and Budget shall prepare and submit to the Congress and the Council, by not later than March 31, 2010, and of each year thereafter, a budget analysis and summary of all Federal programs relating to invasive species.CommentsClose CommentsPermalink

SEC. 168. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COUNCIL- The term ‘Council’ means the National Invasive Species Council established by section 163(a).CommentsClose CommentsPermalink





(2) INVASIVE SPECIES- The term ‘invasive species’ means a species--CommentsClose CommentsPermalink





(A) that is nonnative to the ecosystem under consideration; andCommentsClose CommentsPermalink





(B) the introduction of which causes or may cause harm to the economy, the environment, or human health.CommentsClose CommentsPermalink





(3) NATIONAL MANAGEMENT PLAN- The term ‘National Management Plan’ means the National Invasive Species Management Plan developed by the Council under section 165(a).CommentsClose CommentsPermalink





(4) SPECIES- The term ‘species’ means a category of taxonomic classification ranking below a genus or subgenus and consisting of related organisms capable of interbreeding.CommentsClose CommentsPermalink

SEC. 169. EXISTING EXECUTIVE ORDER.

Executive Order 13112, dated February 3, 1999, shall have no force or effect.CommentsClose CommentsPermalink

SEC. 170. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

TITLE II--COASTAL HEALTHCommentsClose CommentsPermalink

SEC. 201. TECHNICAL ASSISTANCE.

(a) Technical Assistance for Rural and Small Treatment Works- Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and indenting the subparagraphs appropriately;CommentsClose CommentsPermalink





(2) by striking ‘(b) In carrying out’ and inserting the following:CommentsClose CommentsPermalink





‘(b) Authorized Activities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In carrying out’;CommentsClose CommentsPermalink





(3) in paragraph (1) (as designated by paragraph (2))--CommentsClose CommentsPermalink





(A) by striking ‘paragraph (1) of subsection (a)’ each place it appears and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(B) in subparagraph (C) (as redesignated by paragraph (1)), by striking ‘of this section’;CommentsClose CommentsPermalink





(C) in subparagraph (F) (as redesignated by paragraph (1)), by striking ‘thereof; and’ and inserting ‘of the effects;’;CommentsClose CommentsPermalink





(D) in subparagraph (G) (as redesignated by paragraph (1)), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(H) make grants to nonprofit organizations--CommentsClose CommentsPermalink





‘(i) to provide technical assistance to rural and small municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, the municipalities in the planning, development, and acquisition of financing for wastewater infrastructure assistance;CommentsClose CommentsPermalink





‘(ii) to capitalize revolving loan funds for the purpose of providing loans, in consultation with the State in which the assistance is provided and in accordance with paragraph (2), to rural and small municipalities for--CommentsClose CommentsPermalink





‘(I) predevelopment costs associated with wastewater infrastructure projects; andCommentsClose CommentsPermalink





‘(II) short-term costs incurred for the replacement of equipment that is not part of a regular operation or maintenance activity for an existing wastewater system;CommentsClose CommentsPermalink





‘(iii) to provide technical assistance and training for rural and small publicly owned treatment works and decentralized wastewater treatment systems to enable the treatment works and systems to--CommentsClose CommentsPermalink





‘(I) protect water quality; andCommentsClose CommentsPermalink





‘(II) achieve and maintain compliance with the requirements of this Act; andCommentsClose CommentsPermalink





‘(iv) to disseminate information to rural and small municipalities and municipalities that meet the affordability criteria established by the State in which the municipality is located under section 603(i)(2) with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.’; andCommentsClose CommentsPermalink





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





‘(2) LOAN CONDITIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A loan provided under paragraph (1)(H)(ii) shall--CommentsClose CommentsPermalink





‘(i) be provided at a below-market interest rate;CommentsClose CommentsPermalink





‘(ii) be provided in an amount not to exceed $100,000; andCommentsClose CommentsPermalink





‘(iii) extend for a term of not more than 10 years.CommentsClose CommentsPermalink





‘(B) REPAYMENT- Repayment of a loan provided under paragraph (1)(H)(ii) shall be credited to the water pollution control revolving loan fund of the appropriate State under section 603.’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(u) There is authorized to be appropriated (1) not’ and inserting the following:CommentsClose CommentsPermalink





‘(u) Authorization of Appropriations- There are authorized to be appropriated--CommentsClose CommentsPermalink





‘(1) not’;CommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘provisions; (2) not’ and inserting the following: ‘provisions;CommentsClose CommentsPermalink





‘(2) not’;CommentsClose CommentsPermalink





(3) in paragraph (2), by striking ‘subsection (g)(1); (3) not’ and inserting the following: ‘subsection (g)(1);CommentsClose CommentsPermalink





‘(3) not’;CommentsClose CommentsPermalink





(4) in paragraph (3), by striking ‘subsection (g)(2); (4) not’ and inserting the following: ‘subsection (g)(2);CommentsClose CommentsPermalink





‘(4) not’;CommentsClose CommentsPermalink





(5) in paragraph (4), by striking ‘subsection (p); (5) not’ and inserting the following: ‘subsection (p);CommentsClose CommentsPermalink





‘(5) not’;CommentsClose CommentsPermalink





(6) in paragraph (5), by striking ‘subsection (r); and (6) not’ and inserting the following: ‘subsection (r);CommentsClose CommentsPermalink





‘(6) not’;CommentsClose CommentsPermalink





(7) in paragraph (6), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(7) for each of fiscal years 2010 through 2014, not more than $75,000,000 to carry out subparagraphs (C) and (H) of subsection (b)(1), of which, during any fiscal year--CommentsClose CommentsPermalink





‘(A) not less than 20 percent shall be used to carry out subsection (b)(1)(H); andCommentsClose CommentsPermalink





‘(B) not more than 1/3 of the amount used under subparagraph (A) shall be used to carry out subsection (b)(1)(H)(ii).’.CommentsClose CommentsPermalink





(c) Competitive Procedures for Awarding Grants- Section 104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(w) Competitive Procedures for Awarding Grants- The Administrator shall establish procedures that promote competition and openness, to the maximum extent practicable, in the award of grants to nonprofit private agencies, institutions, and organizations under this section.’.CommentsClose CommentsPermalink

SEC. 202. SEWER OVERFLOW CONTROL GRANTS.

Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Definition of Financially Distressed Community- A financially distressed community referred to in subsection (b) is a community that meets the affordability criteria established by the State in which the community is located under section 603(i)(2).’.CommentsClose CommentsPermalink

SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

(a) Extended Payment Period- Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘20 years;’ and inserting the following: ‘the lesser of--CommentsClose CommentsPermalink





‘(i) the design life of the project to be financed using the proceeds of the loan; orCommentsClose CommentsPermalink





‘(ii) 30 years;’; andCommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘not later than 20 years after project completion’ and inserting ‘on the expiration of the term of the loan’.CommentsClose CommentsPermalink





(b) Technical and Planning Assistance for Small Systems- Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (7), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(8) with respect to municipalities and intermunicipal, interstate, and State agencies seeking assistance under this title that serve a population of 20,000 or fewer, to provide to owners and operators of small treatment works, in an amount not to exceed 2 percent of the amount of total grant awards made under this title--CommentsClose CommentsPermalink





‘(A) technical and planning assistance; andCommentsClose CommentsPermalink





‘(B) assistance relating to--CommentsClose CommentsPermalink





‘(i) financial management;CommentsClose CommentsPermalink





‘(ii) user fee analysis;CommentsClose CommentsPermalink





‘(iii) budgeting;CommentsClose CommentsPermalink





‘(iv) capital improvement planning;CommentsClose CommentsPermalink





‘(v) facility operation and maintenance;CommentsClose CommentsPermalink





‘(vi) repair schedules; andCommentsClose CommentsPermalink





‘(vii) other activities to improve wastewater treatment plant management and operations.’.CommentsClose CommentsPermalink





(c) Additional Subsidization- Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Additional Subsidization-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In any case in which a State provides assistance to a municipality or an intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans--CommentsClose CommentsPermalink





‘(A) to benefit a municipality that--CommentsClose CommentsPermalink





‘(i) meets the affordability criteria of the State established under paragraph (2); orCommentsClose CommentsPermalink





‘(ii) does not meet the criteria established under paragraph (2), if the municipality--CommentsClose CommentsPermalink





‘(I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class;CommentsClose CommentsPermalink





‘(II) demonstrates to the State that the ratepayers described in subclause (I) will experience a significant hardship on the increase in rates required to finance the project or activity for which the assistance is sought; andCommentsClose CommentsPermalink





‘(III) ensures, as part of an agreement between the State and the recipient, that the additional subsidization provided under this paragraph will be directed to those ratepayers through a user charge rate system (or another appropriate method); andCommentsClose CommentsPermalink





‘(B) to implement alternative processes, materials, and techniques (including nonstructural protection of surface waters, new or improved methods of waste treatment, and pollutant trading) that may result in cost savings or increased environmental benefit when compared to standard processes, materials, and techniques.CommentsClose CommentsPermalink





‘(2) AFFORDABILITY CRITERIA-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than September 30, 2009, after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist the State in identifying municipalities that would experience a significant hardship on the increase in rates required to finance a project or activity that is eligible for assistance under subsection (c)(1) if additional subsidization under paragraph (1) is not provided.CommentsClose CommentsPermalink





‘(ii) FACTORS FOR CONSIDERATION- In establishing criteria under clause (i), a State shall take into consideration--CommentsClose CommentsPermalink





‘(I) income data;CommentsClose CommentsPermalink





‘(II) population trends; andCommentsClose CommentsPermalink





‘(III) any other data the State determines to be relevant.CommentsClose CommentsPermalink





‘(B) EXISTING CRITERIA- If a State has established, after providing notice and an opportunity for public comment, criteria in accordance with subparagraph (A) before the date of enactment of this subsection, the criteria shall be considered to be affordability criteria established under that subparagraph.CommentsClose CommentsPermalink





‘(C) INFORMATION TO ASSIST STATES- The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A).CommentsClose CommentsPermalink





‘(3) PRIORITY- In providing assistance under this subsection, a State may give priority to any owner or operator of a project or activity that--CommentsClose CommentsPermalink





‘(A) is eligible to receive funding under subsection (c)(1); andCommentsClose CommentsPermalink





‘(B) is located in a municipality that meets the affordability criteria established under paragraph (2).CommentsClose CommentsPermalink





‘(4) SET-ASIDE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For any fiscal year during which more than $1,400,000,000 is made available to the Administrator to carry out this title, a State shall provide additional subsidization under this subsection in the amount described in subparagraph (B) to entities described in paragraph (1) for projects and activities identified in the intended use plan of the State under section 606(c) on receipt of an application for additional subsidization.CommentsClose CommentsPermalink





‘(B) AMOUNT- The amount referred to in subparagraph (A) is an amount not less than 25 percent of the difference between--CommentsClose CommentsPermalink





‘(i) the total amount that would have been allotted to the State under section 604 during the appropriate fiscal year, if the amount made available to the Administrator to carry out this title during that fiscal year was equal to $1,400,000,000; andCommentsClose CommentsPermalink





‘(ii) the total amount allotted to the State under section 604 for that fiscal year.CommentsClose CommentsPermalink





‘(5) LIMITATION- The total amount of additional subsidization provided by a State under this subsection shall not exceed 30 percent of the total amount of capitalization grants received by the State under this title for fiscal years beginning after September 30, 2009.’.CommentsClose CommentsPermalink

SEC. 204. ALLOTMENT OF FUNDS.

(a) In General- Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Allotments-CommentsClose CommentsPermalink





‘(1) FISCAL YEARS 2010 AND 2011- Amounts made available to carry out this title for fiscal years 2000 and 2010 shall be allotted by the Administrator in accordance with the formula used to calculate allotments for fiscal year 2009.CommentsClose CommentsPermalink





‘(2) FISCAL YEAR 2012 AND THEREAFTER- Amounts made available to carry out this title for fiscal year 2012 and each fiscal year thereafter shall be allotted by the Administrator during each fiscal year--CommentsClose CommentsPermalink





‘(A) for amounts up to $1,350,000,000, in accordance with the formula used to calculate allotments for fiscal year 2009; andCommentsClose CommentsPermalink





‘(B) for any amount in excess of $1,350,000,000, in accordance with the formula developed by the Administrator under subsection (d).’.CommentsClose CommentsPermalink





(b) Planning Assistance- Section 604(b) of the Federal Water Pollution Control Act (33 U.S.C. 1384(b)) is amended by striking ‘1 percent’ and inserting ‘2 percent’.CommentsClose CommentsPermalink





(c) Formula- Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Formula Based on Water Quality Needs- Not later than September 30, 2009, after providing notice and an opportunity for public comment, the Administrator shall publish an allotment formula for purposes of subsection (a)(2)(B) based on water quality needs, to be determined by the Administrator in accordance with the most recent survey of needs developed by the Administrator under section 516.’.CommentsClose CommentsPermalink

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

‘There are authorized to be appropriated to carry out this title--CommentsClose CommentsPermalink





‘(1) $2,000,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(2) $3,000,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(3) $4,000,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(4) $5,000,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink





‘(5) $6,000,000,000 for fiscal year 2014.’.CommentsClose CommentsPermalink

TITLE III--AREAS OF CONCERNCommentsClose CommentsPermalink

SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.

Section 118(c)(12)(H) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- In addition to other amounts authorized to be appropriated to carry out this section, there is authorized to be appropriated to carry out this paragraph $150,000,000 for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

TITLE IV--CLEAN WATER AUTHORITYCommentsClose CommentsPermalink

SEC. 401. DEFINITION OF WATERS OF THE UNITED STATES.

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (7);CommentsClose CommentsPermalink





(2) by redesignating paragraphs (8) through (23) as paragraphs (7) through (22), respectively; andCommentsClose CommentsPermalink





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





‘(23) WATERS OF THE UNITED STATES- The term ‘waters of the United States’ means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.’.CommentsClose CommentsPermalink

SEC. 402. CONFORMING AMENDMENTS.

The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking ‘navigable waters of the United States’ each place it appears and inserting ‘waters of the United States’;CommentsClose CommentsPermalink





(2) in section 304(l)(1) by striking ‘NAVIGABLE WATERS’ in the heading and inserting ‘WATERS OF THE UNITED STATES’; andCommentsClose CommentsPermalink





(3) by striking ‘navigable waters’ each place it appears and inserting ‘waters of the United States’.CommentsClose CommentsPermalink

TITLE V--TOXIC SUBSTANCESCommentsClose CommentsPermalink

SEC. 501. MERCURY REDUCTION GRANTS.

Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(14) MERCURY REDUCTION GRANTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Program Office shall provide grants to Great Lakes States and Indian tribes in Great Lakes States to carry out projects to reduce the quantity of mercury in the Great Lakes.CommentsClose CommentsPermalink





‘(B) APPLICATION- Each Great Lake State or Indian tribe that seeks a grant under this paragraph shall submit an application to the Program Office at such time, in such manner, and accompanied by or containing any information that the Program Office may require.CommentsClose CommentsPermalink





‘(C) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

TITLE VI--INDICATORS AND INFORMATIONCommentsClose CommentsPermalink

Subtitle A--Research ProgramCommentsClose CommentsPermalink

SEC. 601. RESEARCH REAUTHORIZATIONS.

Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended by--CommentsClose CommentsPermalink





(1) in subsection (d) by striking paragraph (2) and redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.CommentsClose CommentsPermalink





(2) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) Research and Management Coordination-CommentsClose CommentsPermalink





‘(1) JOINT PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than September 30 of each year, the Program Office, the Research Office, and the Great Lakes Science Center shall prepare and submit to the Executive Committee of the Regional Collaboration a joint research plan for the fiscal year that begins in the following calendar year.CommentsClose CommentsPermalink





‘(B) COLLABORATION- The Program Office, the Research Office, and the Great Lakes Science Center shall consult with other appropriate Federal agencies, academic institutions, State agencies, and other groups conducting Great Lakes research and monitoring when preparing its joint research plan.CommentsClose CommentsPermalink





‘(C) SUBMISSION TO CONGRESS- The President shall include the plan described in subparagraph (A) in the annual budget of the United States Government submitted to Congress by the President.CommentsClose CommentsPermalink





‘(2) CONTENTS OF PLAN- Each plan prepared under paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) identify all proposed research dedicated to activities carried out under the Great Lakes Water Quality Agreement and any other applicable agreements and amendments;CommentsClose CommentsPermalink





‘(B) include the assessment of the Regional Collaboration of priorities for research needed to fulfill the terms of those agreements; andCommentsClose CommentsPermalink





‘(C) identify all proposed research that may be used to develop a comprehensive environmental database for the Great Lakes System and establish priorities for development of the database.’.CommentsClose CommentsPermalink

SEC. 602. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.

Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended--CommentsClose CommentsPermalink





(1) in subsection (d)(6) by striking ‘priority issues’ and all that follows and inserting ‘are consistent with the joint research plan’; andCommentsClose CommentsPermalink





(2) by striking subsection (h) and inserting the following:CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $55,000,000 for each of fiscal years 2010 through 2014, of which, for each fiscal year--CommentsClose CommentsPermalink





‘(1) $40,000,000 shall be made available to the program Office; andCommentsClose CommentsPermalink





‘(2) $15,000,000 shall be made available to the Great Lakes Environmental Research Laboratory.’.CommentsClose CommentsPermalink

SEC. 603. GREAT LAKES SCIENCE CENTER.

There is authorized to be appropriated to the Director of the United States Geological Survey, for use by the Great Lakes Science Center, to carry out research activities that advance scientific knowledge and provide scientific information for restoring, enhancing, managing, and protecting the living marine resources and habitats in the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

SEC. 604. CENTER FOR SPONSORED COASTAL OCEAN RESEARCH.

There is authorized to be appropriated to the Director of the National Oceanic and Atmospheric Administration’s Center for Sponsored Coastal Ocean Research, for use by the Center, to carry out a program to award grants to academic institutions, State agencies, and other appropriate groups to carry out activities consistent with the Joint Research Plan developed under subsection (e) of section 1268 of title 33, United States Code, that advances scientific knowledge and provides scientific information for restoring, enhancing, managing, and protecting the living marine resources and habitats in the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

Subtitle B--Ocean and Coastal Observation SystemCommentsClose CommentsPermalink

SEC. 611. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COUNCIL- The term ‘Council’ means the National Ocean Research Leadership Council.CommentsClose CommentsPermalink





(2) GREAT LAKE- The term ‘Great Lake’ 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; andCommentsClose 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.CommentsClose CommentsPermalink





(3) OBSERVING SYSTEM- The term ‘observing system’ means the integrated coastal, ocean, and Great Lakes observing system to be established by the Committee under section 612(a).CommentsClose CommentsPermalink





(4) INTERAGENCY PROGRAM OFFICE- The term ‘interagency program office’ means the office established under section 612(d).CommentsClose CommentsPermalink

SEC. 612. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- The President, acting through the Council, shall establish and maintain an integrated system of ocean and coastal observations, data communication and management, analysis, modeling, research, education, and outreach designed to provide data and information for the timely detection and prediction of changes occurring in the ocean, coastal, and Great Lakes environment that impact the social, economic, and ecological systems of the United States.CommentsClose CommentsPermalink





(2) PURPOSES- The observing system shall provide for long-term, continuous, and quality-controlled observations of the coasts, oceans, and Great Lakes so as to--CommentsClose CommentsPermalink





(A) improve the health of the coasts, oceans, and Great Lakes of the United States;CommentsClose CommentsPermalink





(B) protect human lives and livelihoods from hazards, including tsunamis, hurricanes, coastal erosion, and fluctuating Great Lakes water levels;CommentsClose CommentsPermalink





(C) understand the effects of human activities and natural variability on the state of the coasts, oceans, and Great Lakes and the socioeconomic well-being of the United States;CommentsClose CommentsPermalink





(D) provide for the sustainable use, protection, and enjoyment of ocean, coastal, and Great Lakes resources;CommentsClose CommentsPermalink





(E) provide information that can support the eventual implementation and refinement of ecosystem-based management;CommentsClose CommentsPermalink





(F) supply critical information to marine-related businesses, including aquaculture and fisheries; andCommentsClose CommentsPermalink





(G) support research and development to--CommentsClose CommentsPermalink





(i) ensure continuous improvement to ocean, coastal, and Great Lakes observation measurements; andCommentsClose CommentsPermalink





(ii) enhance understanding of the ocean, coastal, and Great Lakes resources of the United States.CommentsClose CommentsPermalink





(b) System Elements- To carry out the purposes of this subtitle, the observing system shall consist of--CommentsClose CommentsPermalink





(1) a national program to fulfill national observation priorities, including the ocean contribution of the United States to the Global Earth Observation System of Systems and the Global Ocean Observing System;CommentsClose CommentsPermalink





(2) a network of regional associations to manage the regional ocean and coastal observing and information programs that collect, measure, and disseminate data and information products to meet regional needs;CommentsClose CommentsPermalink





(3) a data management and dissemination system for the timely integration and dissemination of data and information products from the national and regional systems;CommentsClose CommentsPermalink





(4) a research and development program conducted under the guidance of the Council; andCommentsClose CommentsPermalink





(5) an outreach, education, and training program that augments existing programs, including the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence program, and the National Estuarine Research Reserve System, to ensure the use of the data and information for--CommentsClose CommentsPermalink





(A) improving public education and awareness of the oceans of the United States; andCommentsClose CommentsPermalink





(B) building the technical expertise required to operate and improve the observing system.CommentsClose CommentsPermalink





(c) Council Functions- In carrying out this section, the Council shall--CommentsClose CommentsPermalink





(1) serve as the oversight body for the design and implementation of all aspects of the observing system;CommentsClose CommentsPermalink





(2) adopt plans, budgets, and standards that are developed and maintained by the interagency program office in consultation with the regional associations;CommentsClose CommentsPermalink





(3) coordinate the observing system with other earth observing activities, including the Global Ocean Observing System and the Global Earth Observing System of Systems;CommentsClose CommentsPermalink





(4) coordinate and administer programs of research, development, education, and outreach to--CommentsClose CommentsPermalink





(A) support improvements to, and the operation of, an integrated ocean and coastal observing system; andCommentsClose CommentsPermalink





(B) advance the understanding of the oceans;CommentsClose CommentsPermalink





(5) establish pilot projects to develop technology and methods for advancing the development of the observing system;CommentsClose CommentsPermalink





(6) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs; andCommentsClose CommentsPermalink





(7) in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations.CommentsClose CommentsPermalink





(d) Interagency Program Office-CommentsClose CommentsPermalink





(1) IN GENERAL- The Council shall establish an interagency program office to be known as ‘OceanUS’.CommentsClose CommentsPermalink





(2) RESPONSIBILITIES- The interagency program office shall be responsible for program planning and coordination of the observing system.CommentsClose CommentsPermalink





(3) REQUIREMENTS- The interagency program office shall--CommentsClose CommentsPermalink





(A) prepare annual and long-term plans for consideration by the Council for the design and implementation of the observing system that promote collaboration among Federal agencies and regional associations in developing the global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems;CommentsClose CommentsPermalink





(B) coordinate the development of agency priorities and budgets for implementation of the observing system, including budgets for the regional associations;CommentsClose CommentsPermalink





(C) establish and refine standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations;CommentsClose CommentsPermalink





(D) develop a process for the certification and periodic review and recertification of the regional associations;CommentsClose CommentsPermalink





(E) establish an external technical committee to provide biennial review of the observing system; andCommentsClose CommentsPermalink





(F) provide for opportunities to partner or contract with private sector companies in deploying ocean observation system elements.CommentsClose CommentsPermalink





(e) Lead Federal Agency-CommentsClose CommentsPermalink





(1) IN GENERAL- The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the observing system.CommentsClose CommentsPermalink





(2) REQUIREMENTS- Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall--CommentsClose CommentsPermalink





(A) coordinate implementation, operation, and improvement of the observing system;CommentsClose CommentsPermalink





(B) establish efficient and effective administrative procedures for allocation of funds among Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council;CommentsClose CommentsPermalink





(C) implement and maintain appropriate elements of the observing system;CommentsClose CommentsPermalink





(D) provide for the migration of scientific and technological advances from research and development to operational deployment;CommentsClose CommentsPermalink





(E) integrate and extend existing programs and pilot projects into the operational observation system;CommentsClose CommentsPermalink





(F) certify regional associations that meet the requirements of subsection (f); andCommentsClose CommentsPermalink





(G) integrate the capabilities of the National Coastal Data Development Center and the Coastal Services Center of the National Oceanic and Atmospheric Administration, and other appropriate centers, into the observing system to assimilate, manage, disseminate, and archive data from regional observation systems and other observation systems.CommentsClose CommentsPermalink





(f) Regional Associations of Ocean and Coastal Observing Systems-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the National Oceanic and Atmospheric Administration may certify 1 or more regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of user groups in the region while adhering to national standards.CommentsClose CommentsPermalink





(2) REQUIREMENTS- To be certifiable by the Administrator, a regional association shall--CommentsClose CommentsPermalink





(A) demonstrate an organizational structure capable of supporting and integrating all aspects of ocean and coastal observing and information programs within a region;CommentsClose CommentsPermalink





(B) operate under a strategic operations and business plan that details the operation and support of regional ocean and coastal observing systems in accordance with the standards established by the Council;CommentsClose CommentsPermalink





(C) provide information products for multiple users in the region;CommentsClose CommentsPermalink





(D) work with governmental entities and programs at all levels within the region to provide timely warnings and outreach to protect the public; andCommentsClose CommentsPermalink





(E) meet certification standards developed by the interagency program office in conjunction with the regional associations and approved by the Council.CommentsClose CommentsPermalink





(g) Prohibition on Lobbying- Nothing in this Act authorizes a regional association to engage in lobbying activities (as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).CommentsClose CommentsPermalink





(h) Civil Liability- For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, the Suits in Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 et seq.)--CommentsClose CommentsPermalink





(1) any regional ocean and coastal observing system that is a designated part of a regional association certified under this section shall, in carrying out the purposes of this Act, be considered to be part of the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





(2) any employee of that system, while acting within the scope of the employment of the employee, carrying out those purposes, shall be considered to be an employee of the Government.CommentsClose CommentsPermalink

SEC. 613. RESEARCH, DEVELOPMENT, AND EDUCATION.

The Council shall establish programs for research, development, education, and outreach for the ocean and coastal observing system, including projects under the National Oceanographic Partnership Program, consisting of--CommentsClose CommentsPermalink





(1) basic research to advance knowledge of ocean and coastal systems and ensure continued improvement of operational products, including related infrastructure and observing technology;CommentsClose CommentsPermalink





(2) focused research projects to improve understanding of the relationship between the coasts and oceans and human activities;CommentsClose CommentsPermalink





(3) large-scale computing resources and research to advance modeling of ocean and coastal processes; andCommentsClose CommentsPermalink





(4) a coordinated effort to build public education and awareness of the ocean and coastal environment and functions that integrates ongoing activities, including the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence, and the National Estuarine Research Reserve System.CommentsClose CommentsPermalink

SEC. 614. INTERAGENCY FINANCING.

(a) In General- The departments and agencies represented on the Council may participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Council to carry out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for a ocean and coastal observing system.CommentsClose CommentsPermalink





(b) Transfer of Funds- Funds may be transferred among the departments and agencies described in subsection (a) through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same.CommentsClose CommentsPermalink

SEC. 615. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

Nothing in this title supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).CommentsClose CommentsPermalink

SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the observing system under section 612 and the research and development program under section 613 (including financial assistance to the interagency program office, the regional associations for the implementation of regional ocean and coastal observing systems, and the departments and agencies represented on the Council) $150,000,000 for each of fiscal years 2010 through 2014, to remain available until expended.CommentsClose CommentsPermalink





(b) Allocation of Funds- At least 50 percent of the funds appropriated to carry out the observing system under section 612 shall be allocated to the regional associations certified under section 612(f) to carry out regional ocean and coastal observing systems.CommentsClose CommentsPermalink

SEC. 617. REPORTING REQUIREMENT.

(a) In General- Not later than March 31, 2012, the President, acting through the Council, shall submit to Congress a report on the programs established under sections 612 and 613.CommentsClose CommentsPermalink





(b) Requirements- The report shall include--CommentsClose CommentsPermalink





(1) a description of activities carried out under the programs;CommentsClose CommentsPermalink





(2) an evaluation of the effectiveness of the programs; andCommentsClose CommentsPermalink





(3) recommendations concerning reauthorization of the programs and funding levels for the programs in succeeding fiscal years.CommentsClose CommentsPermalink

Subtitle C--Great Lakes Water Quality Indicators and MonitoringCommentsClose CommentsPermalink

SEC. 621. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.

Section 118(c)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B)(i) not later than 2 years after the date of enactment of this clause, in cooperation with Canada and appropriate Federal agencies (including the United States Geological Survey, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service), develop and implement a set of science-based indicators of water quality and related environmental factors in the Great Lakes, including, at a minimum, measures of toxic pollutants that have accumulated in the Great Lakes for a substantial period of time, as determined by the Program Office;CommentsClose CommentsPermalink





‘(ii) not later than 4 years after the date of enactment of this clause--CommentsClose CommentsPermalink





‘(I) establish a Federal network for the regular monitoring of, and collection of data throughout, the Great Lakes basin with respect to the indicators described in clause (i); andCommentsClose CommentsPermalink





‘(II) collect an initial set of benchmark data from the network; andCommentsClose CommentsPermalink





‘(iii) not later than 2 years after the date of collection of the data described in clause (ii)(II), and biennially thereafter, in addition to the report required under paragraph (10), submit to Congress, and make available to the public, a report that--CommentsClose CommentsPermalink





‘(I) describes the water quality and related environmental factors of the Great Lakes (including any changes in those factors), as determined through the regular monitoring of indicators under clause (ii)(I) for the period covered by the report; andCommentsClose CommentsPermalink





‘(II) identifies any emerging problems in the water quality or related environmental factors of the Great Lakes;’.CommentsClose CommentsPermalink

TITLE VII--SUSTAINABLE DEVELOPMENTCommentsClose CommentsPermalink

SEC. 701. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) RELATED AREA- The term ‘related area’ means land--CommentsClose CommentsPermalink





(A) located adjacent to, or in close proximity of, a waterfront area; andCommentsClose CommentsPermalink





(B) that impacts or influences a waterfront area or an aquatic habitat.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere.CommentsClose CommentsPermalink





(3) WATERFRONT AREA- The term ‘waterfront area’ means a site located adjacent to a lake, river, stream, wetland, or floodplain of the United States.CommentsClose CommentsPermalink





(b) Application- An individual or entity that seeks to receive assistance under this section shall submit to the Secretary an application for the assistance in such form, by such time, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(c) Justification and Purpose-CommentsClose CommentsPermalink





(1) JUSTIFICATION- The Secretary may provide assistance to eligible recipients in financing a restoration or remediation project only if the Secretary finds that the proposed project addresses concerns relating to--CommentsClose CommentsPermalink





(A) public health;CommentsClose CommentsPermalink





(B) public safety;CommentsClose CommentsPermalink





(C) environmental improvements; orCommentsClose CommentsPermalink





(D) economic improvements.CommentsClose CommentsPermalink





(2) PURPOSE- An eligible recipient of assistance may use assistance made available under this section to complete a restoration or remediation project for the purpose of--CommentsClose CommentsPermalink





(A) improving the surrounding ecosystem; orCommentsClose CommentsPermalink





(B) preparing land for redevelopment by Federal, State, or local agencies, or private entities.CommentsClose CommentsPermalink





(d) Cost Sharing-CommentsClose CommentsPermalink





(1) GENERAL ASSISTANCE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as otherwise provided in this subsection, the Federal share of the cost of carrying out a restoration or remediation project under this section shall not exceed 65 percent, as determined by the Secretary.CommentsClose CommentsPermalink





(B) INNOVATIVE TECHNOLOGY- The Federal share of the cost of carrying out a restoration or remediation project under this section that involves conducting a pilot project to test a demonstration or innovative technology shall not exceed 85 percent, as determined by the Secretary.CommentsClose CommentsPermalink





(2) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for a restoration or remediation project under this section shall be 100 percent.CommentsClose CommentsPermalink





(3) CREDIT FOR WORK-IN-KIND CONSIDERATIONS- In determining the amount of a contribution made by a non-Federal interest under this section, the non-Federal interest shall receive credit equal to 100 percent of the value of any land, easements, rights-of-way, and relocations, and the reasonable cost of services, studies, and supplies, contributed toward the non-Federal share of project costs.CommentsClose CommentsPermalink





(4) LIABILITY OF FEDERAL GOVERNMENT- The eligible recipient shall hold the United States harmless from any claim or damage that may arise from carrying out the restoration or remediation project under this section, except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government.CommentsClose CommentsPermalink





(e) Funding Limitation Per Project- Of the funds provided under this section, not more than $5,000,000 may be allocated for an individual restoration or rehabilitation project.CommentsClose CommentsPermalink

SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT AND RELATED AREAS.

The Secretary, in consultation with appropriate Federal, State, and local agencies, is authorized to restore and remediate waterfront and related areas, including site characterization, planning, design, construction, and monitoring.CommentsClose CommentsPermalink

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary to carry out this title $50,000,000 for fiscal years 2010 through 2014.CommentsClose CommentsPermalink

TITLE VIII--COORDINATION AND OVERSIGHTCommentsClose CommentsPermalink

SEC. 801. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COLLABORATION- The term ‘Collaboration’ means the Great Lakes Regional Collaboration established by section 804(a).CommentsClose CommentsPermalink





(2) EXECUTIVE COMMITTEE- The term ‘Executive Committee’ means the Great Lakes Regional Collaboration Executive Committee established by section 803(a).CommentsClose CommentsPermalink





(3) EXECUTIVE ORDER- The term ‘Executive Order’ means Executive Order 13340 (33 U.S.C. 1268 note; relating to establishment of Great Lakes Interagency Task Force and promotion of regional collaboration of national significance for Great Lakes).CommentsClose CommentsPermalink





(4) GREAT LAKE- The term ‘Great Lake’ 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; andCommentsClose 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.CommentsClose CommentsPermalink





(5) GREAT LAKES CITY- The term ‘Great Lakes city’ means a city located in the watershed basin of a Great Lake.CommentsClose CommentsPermalink





(6) GREAT LAKES TRIBE- The term ‘Great Lakes Tribe’ means any Indian tribe, band, village, nation, or other organized group or community in the watershed basin of a Great Lake that is recognized by the Bureau of Indian Affairs as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink





(7) SAINT LAWRENCE CITY- The term ‘Saint Lawrence city’ means a city located in the watershed basin of the Saint Lawrence River.CommentsClose CommentsPermalink





(8) TASK FORCE- The term ‘Task Force’ means the Great Lakes Interagency Task Force established by section 802(a).CommentsClose CommentsPermalink

SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE.

(a) Interagency Coordination- The Great Lakes Interagency Task Force, as established by the Executive Order for administrative purposes, is established as a task force within the Environmental Protection Agency.CommentsClose CommentsPermalink





(b) Duties- In addition to the duties described in the Executive Order, the Task Force shall--CommentsClose CommentsPermalink





(1) ensure that implementation of programs and projects under the authority of the Task Force members is coordinated, effective, and cost-efficient;CommentsClose CommentsPermalink





(2) work in cooperation with Federal agencies on the development of budgets and financial plans regarding the Great Lakes for inclusion in annual submissions by the President to Congress of the budget of the United States; andCommentsClose CommentsPermalink





(3) submit to Congress a biennial report that describes the projects and activities carried out by the Collaboration during the 2-year period covered by the report, including a description of--CommentsClose CommentsPermalink





(A) any actions that Federal agencies can take to address the biennial restoration goals;CommentsClose CommentsPermalink





(B) Federal expenditures to meet the restoration goals; andCommentsClose CommentsPermalink





(C) the indicators and monitoring used to determine whether the goals will be met.CommentsClose CommentsPermalink

SEC. 803. EXECUTIVE COMMITTEE.

(a) In General- There is established a Great Lakes Regional Collaboration Executive Committee.CommentsClose CommentsPermalink





(b) Composition- The Executive Committee shall be composed of--CommentsClose CommentsPermalink





(1) the Chairperson of the Task Force;CommentsClose CommentsPermalink





(2) a representative of the Governors of the Great Lakes States, as agreed upon by the Governors;CommentsClose CommentsPermalink





(3) a representative of the Great Lakes cities and Saint Lawrence cities, as agreed upon by the majority of mayors of those cities; andCommentsClose CommentsPermalink





(4) a designated representative for the Great Lakes Tribes, as agreed upon by those Tribes.CommentsClose CommentsPermalink





(c) Duties- The Executive Committee shall--CommentsClose CommentsPermalink





(1) hold semiannual meetings to discuss Great Lakes restoration goals and progress;CommentsClose CommentsPermalink





(2) establish a process to receive input from interested parties with respect to proposed recommendations of the Executive Committee for restoration of the Great Lakes; andCommentsClose CommentsPermalink





(3) submit to Congress and the Task Force a biennial report that includes--CommentsClose CommentsPermalink





(A) an analysis of progress in carrying out restoration of the Great Lakes, including meeting the goals and recommendations in the restoration and protection strategy developed by the Great Lakes Regional Collaboration and this Act; andCommentsClose CommentsPermalink





(B) recommendations on future priorities and actions with respect to that restoration.CommentsClose CommentsPermalink





(d) Subcommittees- The members of the Executive Committee may designate representatives to work as 1 or more subcommittees to provide staff support and otherwise assist in carrying out responsibilities of the Executive Committee relating to the Collaboration.CommentsClose CommentsPermalink

SEC. 804. GREAT LAKES REGIONAL COLLABORATION.

(a) In General- There is established the Great Lakes Regional Collaboration.CommentsClose CommentsPermalink





(b) Composition- The Collaboration shall be composed of--CommentsClose CommentsPermalink





(1) the members of the Executive Committee; andCommentsClose CommentsPermalink





(2) each other individual and entity that notifies the Executive Committee of the desire and intent of the individual or entity to participate in the Collaboration.CommentsClose CommentsPermalink





(c) Duties- The Collaboration shall--CommentsClose CommentsPermalink





(1) develop a restoration and protection strategy to provide information for use in future Great Lakes program implementation and funding decisions;CommentsClose CommentsPermalink





(2) serve as a forum for addressing near-term regional issues relating to ecosystem restoration and protection of the Great Lakes; andCommentsClose CommentsPermalink





(3) establish an oversight forum to coordinate and enhance implementation of Great Lakes programs.CommentsClose CommentsPermalink