S 237 ISCommentsClose CommentsPermalink

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

January 14, 2009CommentsClose CommentsPermalink

Mr. LEVIN (for himself, Mr. VOINOVICH, Mr. BROWN, Mr. CASEY, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose 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 of 2009’.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

Subtitle A--National Aquatic Invasive Species

Sec. 101. Short title.CommentsClose CommentsPermalink





Sec. 102. Findings.CommentsClose CommentsPermalink





Sec. 103. Definitions.CommentsClose CommentsPermalink

PART I--Prevention of Introduction of Aquatic Invasive Species by Other Pathways

Sec. 111. Priority pathway management program.CommentsClose CommentsPermalink





Sec. 112. Screening process for planned importations of live aquatic organisms.CommentsClose CommentsPermalink

PART II--Early Detection; Rapid Response; Control and Outreach

Sec. 121. Early detection.CommentsClose CommentsPermalink





Sec. 122. Rapid response.CommentsClose CommentsPermalink





Sec. 123. Dispersal barriers.CommentsClose CommentsPermalink





Sec. 124. Environmental soundness.CommentsClose CommentsPermalink





Sec. 125. Information, education, and outreach.CommentsClose CommentsPermalink

PART III--Aquatic Invasive Species Research

Sec. 131. Ecological, pathway, and experimental research.CommentsClose CommentsPermalink





Sec. 132. Analysis.CommentsClose CommentsPermalink





Sec. 133. Vessel pathway standards research.CommentsClose CommentsPermalink





Sec. 134. Graduate education in systematics and taxonomy.CommentsClose CommentsPermalink

PART IV--Coordination

Sec. 141. Program coordination.CommentsClose CommentsPermalink





Sec. 142. International coordination.CommentsClose CommentsPermalink

PART V--Authorization of Appropriations

Sec. 151. Authorization of appropriations.CommentsClose CommentsPermalink

PART VI--Conforming Amendments

Sec. 161. Conforming amendments.CommentsClose CommentsPermalink

Subtitle B--Asian Carp Prevention and Control

Sec. 171. Addition of species of carp to the list of injurious species that are prohibited from being imported or shipped.CommentsClose CommentsPermalink





Sec. 172. Dispersal barriers.CommentsClose CommentsPermalink

Subtitle C--National Invasive Species Council

Sec. 181. Definitions.CommentsClose CommentsPermalink





Sec. 182. Limitation on Federal actions.CommentsClose CommentsPermalink





Sec. 183. National Invasive Species Council.CommentsClose CommentsPermalink





Sec. 184. Duties of Council.CommentsClose CommentsPermalink





Sec. 185. National Invasive Species Management Plan.CommentsClose CommentsPermalink





Sec. 186. Invasive Species Advisory Committee.CommentsClose CommentsPermalink





Sec. 187. Budget analysis and summary.CommentsClose CommentsPermalink





Sec. 188. Existing Executive order.CommentsClose CommentsPermalink





Sec. 189. 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. Remediation of sediment contamination in areas of concern.CommentsClose CommentsPermalink

TITLE IV--TOXIC SUBSTANCES

Sec. 401. Mercury reduction grants.CommentsClose CommentsPermalink

TITLE V--INDICATORS AND INFORMATION

Subtitle A--Research Program

Sec. 501. Research reauthorizations.CommentsClose CommentsPermalink





Sec. 502. Great Lakes Science Center.CommentsClose CommentsPermalink





Sec. 503. Center for Sponsor Coastal Ocean Research.CommentsClose CommentsPermalink





Sec. 504. Great Lakes Environmental Research Laboratory.CommentsClose CommentsPermalink

Subtitle B--Ocean and Coastal Observation System

Sec. 511. Definitions.CommentsClose CommentsPermalink





Sec. 512. Integrated ocean and coastal observing system.CommentsClose CommentsPermalink





Sec. 513. Research, development, and education.CommentsClose CommentsPermalink





Sec. 514. Interagency financing.CommentsClose CommentsPermalink





Sec. 515. Application with Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink





Sec. 516. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 517. Reporting requirement.CommentsClose CommentsPermalink

Subtitle C--Great Lakes Water Quality Indicators and Monitoring

Sec. 521. Great Lakes water quality indicators and monitoring.CommentsClose CommentsPermalink

TITLE VI--SUSTAINABLE DEVELOPMENT

Sec. 601. Waterfront restoration and remediation projects.CommentsClose CommentsPermalink





Sec. 602. Authority of Secretary to restore and remediate waterfront and related areas.CommentsClose CommentsPermalink





Sec. 603. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VII--COORDINATION AND OVERSIGHT

Sec. 701. Definitions.CommentsClose CommentsPermalink





Sec. 702. Great Lakes Interagency Task Force.CommentsClose CommentsPermalink





Sec. 703. Great Lakes Regional Collaboration Executive Committee.CommentsClose CommentsPermalink





Sec. 704. Great Lakes Regional Collaboration.CommentsClose CommentsPermalink





Sec. 705. Great Lakes restoration grants.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the Great Lakes, containing approximately 20 percent of the Earth’s fresh surface water, are a treasure of global significance;CommentsClose CommentsPermalink





(2) the Great Lakes provide drinking water for millions of people, facilitate commerce, and provide recreational opportunities for people from across the United States and around the world;CommentsClose CommentsPermalink





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





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





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





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





(i) toxic chemicals;CommentsClose CommentsPermalink





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





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





(iv) invasive plant and animal species;CommentsClose CommentsPermalink





(v) changes in water patterns; andCommentsClose CommentsPermalink





(vi) overfishing;CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





(6) 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





(7) 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





(8) 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





(9) 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





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





(11) comprehensive restoration must be adaptive, and ongoing efforts will be required to continually implement the recommendations of the Great Lakes Regional Collaboration as the recommendations relate to buffers, river restoration, wetlands, emerging toxic pollutants, and other issues affecting the Great Lakes basin.CommentsClose CommentsPermalink

SEC. 3. 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) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(3) 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





(4) 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





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





(6) 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





(7) 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; relating to invasive species).CommentsClose CommentsPermalink





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





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





(10) 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





(11) 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 (including a regulation) for a particular application.CommentsClose CommentsPermalink

TITLE I--INVASIVE SPECIESCommentsClose CommentsPermalink

Subtitle A--National Aquatic Invasive SpeciesCommentsClose CommentsPermalink

SEC. 101. SHORT TITLE.

This subtitle may be cited as the ‘National Aquatic Invasive Species Act of 2009’.CommentsClose CommentsPermalink

SEC. 102. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) aquatic invasive species are second only to habitat destruction as a cause of permanent losses in biological diversity of aquatic ecosystems of the United States;CommentsClose CommentsPermalink





(2) aquatic invasive species continue to be introduced into waters of the United States at an unacceptable rate;CommentsClose CommentsPermalink





(3) aquatic invasive species damage infrastructure, disrupt commerce, out compete native species, reduce biodiversity, and threaten human health;CommentsClose CommentsPermalink





(4) the direct and indirect costs of aquatic invasive species to the economy of the United States amount to billions of dollars per year;CommentsClose CommentsPermalink





(5) in the Great Lakes region, approximately $3,000,000,000 has been spent in the past 10 years to mitigate the damage caused by a single invasive species, the zebra mussel;CommentsClose CommentsPermalink





(6) wetlands suffer compound impacts from--CommentsClose CommentsPermalink





(A) aquatic infestations (such as Hydrilla); andCommentsClose CommentsPermalink





(B) riparian infestations (such as Purple Loosestrife);CommentsClose CommentsPermalink





(7) prevention of aquatic invasive species is the most environmentally sound and cost-effective management approach because once established, aquatic invasive species are costly, and sometimes impossible to control;CommentsClose CommentsPermalink





(8) to be effective, the prevention, early detection, and control of and rapid response to aquatic invasive species should be coordinated regionally, nationally, and internationally;CommentsClose CommentsPermalink





(9) pathway management is the most promising approach to reducing unplanned introductions of aquatic invasive species;CommentsClose CommentsPermalink





(10) consistent national screening criteria are needed to evaluate the potential risk of nonindigenous aquatic species;CommentsClose CommentsPermalink





(11) States and regions have--CommentsClose CommentsPermalink





(A) unique vulnerabilities with respect to aquatic invasive species; andCommentsClose CommentsPermalink





(B) unique means for addressing aquatic invasive species;CommentsClose CommentsPermalink





(12) to accurately identify and manage high risk pathways, it is essential to carry out a comprehensive research program that--CommentsClose CommentsPermalink





(A) monitors pathways and ecosystems to detect the establishment and spread of invasive species;CommentsClose CommentsPermalink





(B) develops and demonstrates effective methods for the management and control of invasive species; andCommentsClose CommentsPermalink





(C) monitors the success of efforts to prevent and control invasive species; andCommentsClose CommentsPermalink





(13) it is in the interest of the United States to--CommentsClose CommentsPermalink





(A) carry out a comprehensive and thorough program to research, prevent, manage, and control the introduction of aquatic species that may become invasive; andCommentsClose CommentsPermalink





(B) to the maximum extent practicable, coordinate the program described in subparagraph (A) with neighboring nations and other programs being carried out globally.CommentsClose CommentsPermalink

SEC. 103. 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-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘ballast water’ means--CommentsClose CommentsPermalink





‘(i) any water (including matter suspended in the water) taken on board a vessel to control trim, list, draught, stability, or stress of the vessel; andCommentsClose CommentsPermalink





‘(ii) any water placed into a ballast tank during cleaning, maintenance, or any other operation.CommentsClose CommentsPermalink





‘(B) EXCLUSION- The term ‘ballast water’ does not include water that, at the time of discharge of the water--CommentsClose CommentsPermalink





‘(i) does not contain any aquatic invasive species that was taken on board a vessel; andCommentsClose CommentsPermalink





‘(ii) was used for a purpose described in subparagraph (A)(i).CommentsClose CommentsPermalink





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





‘(A) the most biologically effective;CommentsClose CommentsPermalink





‘(B) the most environmentally sound; andCommentsClose CommentsPermalink





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





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





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





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





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





‘(B) nontarget organisms and ecosystems.CommentsClose CommentsPermalink





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





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





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





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





‘(12) GREAT LAKES- The term ‘Great Lakes’ means--CommentsClose CommentsPermalink





‘(A) Lake Erie;CommentsClose CommentsPermalink





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





‘(C) Lake Michigan;CommentsClose CommentsPermalink





‘(D) Lake Ontario;CommentsClose CommentsPermalink





‘(E) Lake Superior;CommentsClose CommentsPermalink





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





‘(i) the Saint Mary’s River;CommentsClose CommentsPermalink





‘(ii) the Saint Clair River;CommentsClose CommentsPermalink





‘(iii) the Detroit River;CommentsClose CommentsPermalink





‘(iv) the Niagara River; andCommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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

PART I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY OTHER PATHWAYS

SEC. 111. 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 National Aquatic Invasive Species Act of 2009, and every 3 years thereafter, the Task Force, in coordination with the National Invasive Species Council and in consultation with representatives of States, industry, and other interested parties, shall, based on pathway surveys conducted under this title 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;CommentsClose CommentsPermalink





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





‘(3) include in the report to Congress required under section 1201(f)(2)(B) a description of the identifications, strategies, and recommendations based on research collected under this title; andCommentsClose CommentsPermalink





‘(4) identify 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 National Aquatic Invasive Species Act of 2009, the Task Force or agencies of jurisdiction shall, to the maximum extent practicable, implement the strategies described in subsection (a)(2), considering appropriate periodic updates to the strategies.’.CommentsClose CommentsPermalink

SEC. 112. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC ORGANISMS.

Subtitle B 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 AQUATIC ORGANISMS.

‘(a) Purpose- The purpose of the screening process under this section is to prevent the introduction or establishment of aquatic invasive species, including pathogens and parasites of the species, in waters of the United States and contiguous waters of Canada and Mexico.CommentsClose CommentsPermalink





‘(b) Catalog of Species in Trade- Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Director of the United States Geological Survey, the Administrator of the Animal and Plant Health Inspection Service, the Director of the Smithsonian Environmental Research Center, and other Federal agencies with jurisdiction over planned importations of live organisms, shall--CommentsClose CommentsPermalink





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





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





‘(c) Planned Importations- Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, no aquatic organism of a species that is not in trade shall be imported into the United States without screening and approval in accordance with this section.CommentsClose CommentsPermalink





‘(d) Guidelines-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 30 months after the date of enactment of the National Aquatic Invasive Species Act of 2009, the National Invasive Species Council, in conjunction with the Task Force and in consultation with affected regional panels, States, Indian tribes, and other stakeholders, shall promulgate guidelines for screening proposed planned importations of aquatic organisms into the United States.CommentsClose CommentsPermalink





‘(2) CONTENT- At a minimum, the guidelines under paragraph (1) shall include guidelines relating to--CommentsClose CommentsPermalink





‘(A) the minimum information requirements for screening determinations under subsection (e);CommentsClose CommentsPermalink





‘(B) a simplified notification procedure for any additional shipment of organisms that may occur after completion of an initial screening process and determination under subsection (e);CommentsClose CommentsPermalink





‘(C) application forms; andCommentsClose CommentsPermalink





‘(D) shipping labels.CommentsClose CommentsPermalink





‘(3) FACTORS FOR CONSIDERATION- In developing guidelines under this section, the National Invasive Species Council and the Task Force shall take into consideration--CommentsClose CommentsPermalink





‘(A) the likelihood of the spread of the applicable 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;CommentsClose CommentsPermalink





‘(C) regional differences in the probability of invasion and associated impacts;CommentsClose CommentsPermalink





‘(D) the difficulty of controlling an established population of an aquatic invasive species in the wild;CommentsClose CommentsPermalink





‘(E) the profile established under section 1108(b);CommentsClose CommentsPermalink





‘(F) any applicable best available science;CommentsClose CommentsPermalink





‘(G) the potential benefits associated with the species; andCommentsClose CommentsPermalink





‘(H) the requirements of international law.CommentsClose CommentsPermalink





‘(e) Screening-CommentsClose CommentsPermalink





‘(1) EVALUATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 180 days after the date of publication of the guidelines under subsection (d), each Federal agency with authority over an importation into the United States of an aquatic organism of a species that is not in trade, as determined in accordance with the catalog under subsection (b), and that is proposed for importation into the United States, shall--CommentsClose CommentsPermalink





‘(i) promulgate regulations in accordance with the guidelines under subsection (d); andCommentsClose CommentsPermalink





‘(ii) carry out screening in accordance with this subsection.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The head a Federal agency described in subparagraph (A) or the Director, as applicable, shall--CommentsClose CommentsPermalink





‘(i) prohibit the importation into the United States of any species described in clause (i) or (iii) of paragraph (2)(B), unless the importation is for the sole purpose of research conducted in accordance with section 1202(f)(2);CommentsClose CommentsPermalink





‘(ii) restrict, as necessary, the importation of any species described in subsection (2)(B)(ii), unless the importation is for the sole purpose of research conducted in accordance with section 1202(f)(2);CommentsClose CommentsPermalink





‘(iii) make a determination under this subsection not later than 180 days after receiving a complete request for permission to import a aquatic organism; andCommentsClose CommentsPermalink





‘(iv) make the results of the screening process available to the public.CommentsClose CommentsPermalink





‘(2) CATEGORIES- The screening process under this subsection shall require--CommentsClose CommentsPermalink





‘(A) to the maximum extent practicable, the identification, preferably to the species level but, at a minimum, to the genus level, of aquatic organisms proposed for importation; andCommentsClose CommentsPermalink





‘(B) the designation of--CommentsClose CommentsPermalink





‘(i) species with a high or moderate probability of undesirable impacts to areas within the United States and contiguous areas of neighboring countries to which the species is likely to be spread;CommentsClose CommentsPermalink





‘(ii) species with a low or no probability of undesirable impacts to areas within the United States and contiguous areas of neighboring counties to which the species is likely to be spread; andCommentsClose CommentsPermalink





‘(iii) species with respect to which there is insufficient information to determine the risk of such undesirable impacts.CommentsClose CommentsPermalink





‘(3) DELEGATION AND AUTHORITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If no Federal agency has the authority described in paragraph (1)(A), or if the head of such a Federal agency delegates the screening authority to the Director under subparagraph (B), the Director shall screen the organism.CommentsClose CommentsPermalink





‘(B) DELEGATION TO DIRECTOR- The head of a Federal agency with the authority described in paragraph (1)(A) may delegate to the Director the authority to carry out the screening process under this subsection.CommentsClose CommentsPermalink





‘(C) UNITED STATES FISH AND WILDLIFE SERVICE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Director may restrict or prohibit the importation of an aquatic organism of a species not in trade in accordance with the regulations promulgated under paragraph (1)(A)(i) if--CommentsClose CommentsPermalink





‘(I) no other Federal agency has authority to regulate the importation of the species; orCommentsClose CommentsPermalink





‘(II) the head of a Federal agency delegates authority to the Director under subparagraph (B).CommentsClose CommentsPermalink





‘(ii) SCREENING REQUIREMENTS- The Director shall promulgate screening requirements in accordance with the guidelines under subsection (d) to evaluate any planned importation of an aquatic organism, including an importation carried out by a Federal agency, that is not otherwise subject to Federal authority to permit the importation.CommentsClose CommentsPermalink





‘(D) MULTIPLE JURISDICTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- If more than 1 Federal agency has jurisdiction over the importation of an aquatic organism, the agencies shall conduct only 1 screening process in accordance with a memorandum of understanding described in paragraph (4).CommentsClose CommentsPermalink





‘(ii) CULTURED AQUATIC ORGANISMS- The Secretary of Agriculture shall conduct screening of any aquatic organism imported to be cultured.CommentsClose CommentsPermalink





‘(E) AGENCY-INITIATED SCREENING- At the discretion of the Federal agency with jurisdiction over the importation of a species not in trade, the Federal agency may initiate a screening process for a species for which no other person has filed an application for importation.CommentsClose CommentsPermalink





‘(4) MEMORANDUM OF UNDERSTANDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Director shall enter into a memorandum of understanding with each Federal agency with the authority to conduct screening under this subsection.CommentsClose CommentsPermalink





‘(B) CONTENTS- A memorandum of understanding under subparagraph (A) shall contain, at a minimum--CommentsClose CommentsPermalink





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





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





‘(iii) the process by which the agency and the National Invasive Species Council will coordinate and share information required for the screening of a species.CommentsClose CommentsPermalink





‘(f) Review and Revision-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not less frequently than once every 3 years, the National Invasive Species Council, in conjunction with the Task Force, shall review and revise, based on research on early detection and monitoring under section 1106 and other information, the guidelines, screening, and other activities carried out under this section.CommentsClose CommentsPermalink





‘(2) REPORT- Together with the report required under section 1201(f)(2)(B), the National Invasive Species Council shall submit to Congress--CommentsClose CommentsPermalink





‘(A) an evaluation of the effectiveness of the screening process carried out under subsection (e);CommentsClose CommentsPermalink





‘(B) the consistency of the application of the screening process by Federal agencies; andCommentsClose CommentsPermalink





‘(C) recommendations for revisions of the screening process.CommentsClose CommentsPermalink





‘(g) Prohibitions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as otherwise provided in this section, it shall be unlawful to import an aquatic organism of a species not in trade.CommentsClose CommentsPermalink





‘(2) PENALTIES-CommentsClose CommentsPermalink





‘(A) CIVIL PENALTY- Any person that violates subsection (c) shall be liable for a civil penalty in an amount not to exceed $50,000.CommentsClose CommentsPermalink





‘(B) CRIMINAL PENALTIES- Any person that knowingly violates subsection (c) is guilty of a class C felony.CommentsClose CommentsPermalink





‘(h) Fees- The head of any agency that has jurisdiction over a planned importation of an aquatic species subject to screening under this section may increase the amount of any appropriate fee that is charged under an applicable law (including regulations) to offset the cost of screening carried out under this section.CommentsClose CommentsPermalink





‘(i) Effect on Other Laws-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this section repeals, supersedes, or modifies any provision of Federal or State law relating to the screening process for aquatic species importation.CommentsClose CommentsPermalink





‘(2) MORE PROTECTIVE LAWS- A State, the District of Columbia, or a territory of the Untied States may adopt an aquatic plant or animal importation law, regulation, or policy that requires a more protective screening process for aquatic species importation than the regulations and policies of this section.’.CommentsClose CommentsPermalink

PART II--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 121. EARLY DETECTION.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 112) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1106. EARLY DETECTION AND MONITORING.

‘(a) In General- Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2009, in conjunction with the Council, the Task Force shall (based on the standard protocol for early detection surveys developed under this title), 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





‘(b) Contents- The protocols, plan, and budget shall, at a minimum--CommentsClose CommentsPermalink





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





‘(2) encourage State, local, port, and tribal participation in monitoring;CommentsClose CommentsPermalink





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





‘(4) considers the pathways and organisms identified under section 1210;CommentsClose CommentsPermalink





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





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





‘(c) Implementation- Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator (in consultation with the National Invasive Species Council and in coordination with other agencies and organizations) shall implement a national system of ecological surveys that is--CommentsClose CommentsPermalink





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





‘(2) based on the protocols, plan, and budget published under subsection (a) and any public comment.’.CommentsClose CommentsPermalink

SEC. 122. 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.) (as amended by section 111) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1211. RAPID RESPONSE.

‘(a) Emergency Rapid Response Fund-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established in the Treasury of the United States a revolving fund to assist States in implementing rapid response measures for aquatic invasive species, to be known as the ‘Emergency Rapid Response Fund’ (referred to in this subsection as the ‘Fund’), consisting of--CommentsClose CommentsPermalink





‘(A) such amounts as are appropriated to the Fund under section 1301(g)(2)(A); andCommentsClose CommentsPermalink





‘(B) any interest earned on investment of amounts in the Fund under paragraph (3).CommentsClose CommentsPermalink





‘(2) EXPENDITURES FROM FUND-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (C), on request by the Secretary of the Interior, the Secretary of the Treasury shall transfer from the Fund to the Secretary of the Interior such amounts as the Secretary of the Interior determines are necessary to provide financial assistance to a State or the Federal rapid response team under subparagraph (B) to assist in implementing rapid response measures for aquatic invasive species.CommentsClose CommentsPermalink





‘(B) STATE ASSISTANCE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A State may submit to the Secretary of the Interior an application for emergency response assistance from the Fund.CommentsClose CommentsPermalink





‘(ii) APPROVAL- If the Secretary of the Interior approves an application submitted under clause (i), the Secretary shall use amounts provided to the Secretary under subparagraph (A)--CommentsClose CommentsPermalink





‘(I) in a case in which a State has in effect a rapid response contingency strategy that is approved under subsection (b), to provide emergency response assistance to the State; andCommentsClose CommentsPermalink





‘(II) in a case in which the State does not have a rapid response contingency strategy approved under subsection (b) in effect, to provide emergency response assistance to the Federal rapid response team established under subsection (f).CommentsClose CommentsPermalink





‘(iii) ADDITIONAL FUNDS- If additional amounts are needed for the conduct of emergency response activities in the State, the Secretary of the Interior may provide additional assistance to the State or Federal rapid response team under this paragraph.CommentsClose CommentsPermalink





‘(C) ADMINISTRATIVE EXPENSES- An amount not to exceed 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.CommentsClose CommentsPermalink





‘(3) INVESTMENT OF AMOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.CommentsClose CommentsPermalink





‘(B) INTEREST-BEARING OBLIGATIONS- Investments may be made only in interest-bearing obligations of the United States.CommentsClose CommentsPermalink





‘(C) ACQUISITION OF OBLIGATIONS- For the purpose of investments under subparagraph (A), obligations may be acquired--CommentsClose CommentsPermalink





‘(i) on original issue at the issue price; orCommentsClose CommentsPermalink





‘(ii) by purchase of outstanding obligations at the market price.CommentsClose CommentsPermalink





‘(D) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.CommentsClose CommentsPermalink





‘(E) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.CommentsClose CommentsPermalink





‘(4) TRANSFERS OF AMOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(B) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.CommentsClose CommentsPermalink





‘(b) State Rapid Response Contingency Strategies- The Task Force, in consultation with the National Invasive Species Council, shall approve a rapid response contingency strategy of a State if the strategy--CommentsClose CommentsPermalink





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





‘(2) 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





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





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





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





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





‘(4) includes an early detection strategy that supports or complements the early detection and monitoring system developed under section 1108;CommentsClose CommentsPermalink





‘(5) provides for a monitoring capability to assess--CommentsClose CommentsPermalink





‘(A) the extent of infestations; andCommentsClose CommentsPermalink





‘(B) the effectiveness of rapid response efforts;CommentsClose CommentsPermalink





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





‘(7) to the maximum extent practicable, includes rapid response tools that meet environmental criteria developed under subsection (f)(4);CommentsClose CommentsPermalink





‘(8) includes a public education and outreach component directed at--CommentsClose CommentsPermalink





‘(A) potential pathways for spread of aquatic invasive species; andCommentsClose CommentsPermalink





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





‘(9) to the extent that the strategy involves vessels, conforms with guidelines issued by the Secretary under subsection (d)(2).CommentsClose CommentsPermalink





‘(c) Regional Rapid Response Contingency Strategies- The Task Force, with the concurrence of the National 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





‘(d) Model Rapid Response Contingency Strategies- Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2009--CommentsClose CommentsPermalink





‘(1) the Task Force, with the concurrence of the National 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 (including rapid assessment capability) for aquatic invasive species that meets, to the maximum extent practicable, the requirements of paragraphs (1) through (9) of subsection (b); andCommentsClose CommentsPermalink





‘(B) a model regional rapid response contingency strategy (including rapid assessment capability) for aquatic invasive species; andCommentsClose CommentsPermalink





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





‘(e) 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 (b) 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 (c) shall be not less than 75 percent.CommentsClose CommentsPermalink





‘(3) FORM OF NON-FEDERAL SHARE- The non-Federal share required under paragraph (1) or (2) may be in the form of in-kind contributions.CommentsClose CommentsPermalink





‘(f) Federal Rapid Response Teams-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT OF TEAMS- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the National 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 National Aquatic Invasive Species Act of 2009, the Task Force, with the concurrence of the National Invasive Species Council, shall develop criteria to identify cases warranting Federal assistance for rapid assessment and response under this subsection, including indicative 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 aquatic organisms;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 National Aquatic Invasive Species Act of 2009, the Administrator, in consultation with the National 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. 123. DISPERSAL BARRIERS.

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





(1) by redesignating subsections (j) and (k) as subsections (m) and (n), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (i) the following:CommentsClose CommentsPermalink





‘(j) National Dispersal Barrier Program-CommentsClose CommentsPermalink





‘(1) MONITORING PROGRAM-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Secretary of the Interior shall establish an interbasin and intrabasin monitoring program.CommentsClose CommentsPermalink





‘(B) REQUIRED ELEMENTS- The monitoring program shall--CommentsClose CommentsPermalink





‘(i) track aquatic invasive species moving through--CommentsClose CommentsPermalink





‘(I) the Chicago River Ship and Sanitary Canal;CommentsClose CommentsPermalink





‘(II) the Lake Champlain Canal;CommentsClose CommentsPermalink





‘(III) other interbasin waterways; andCommentsClose CommentsPermalink





‘(IV) major river systems (such as the Mississippi River), as recommended by regional panels convened under section 1203, in which interbasin transfers of aquatic invasive species have been shown to pose a significant threat to fish and wildlife resources;CommentsClose CommentsPermalink





‘(ii) assess the efficacy of dispersal barriers and other measures in preventing the spread of aquatic invasive species through the waterways; andCommentsClose CommentsPermalink





‘(iii) identify waterways suitable for dispersal barrier demonstration projects, in addition to the waterways at which dispersal barrier demonstration projects were carried out before the date of enactment of the National Aquatic Invasive Species Act of 2009.CommentsClose CommentsPermalink





‘(C) REPORTS- The Secretary of the Interior shall issue biennial reports describing the findings of the monitoring program.CommentsClose CommentsPermalink





‘(2) PREVENTION AND MITIGATION PLANS FOR CORPS PROJECTS- In developing projects involving interbasin waterways or other hydrologic alterations that could create pathways for aquatic invasive species, the Assistant Secretary shall develop adequate prevention and mitigation plans for controlling the dispersal of the aquatic invasive species.CommentsClose CommentsPermalink





‘(3) TECHNICAL ASSISTANCE- The Administrator of the National Oceanic and Atmospheric Administration, acting through the Great Lakes Environmental Research Laboratory, shall provide technical assistance to appropriate entities to assist in the research conducted under this subsection.CommentsClose CommentsPermalink





‘(4) ADDITIONAL WATERWAYS- The Assistant Secretary, with the concurrence of the Administrator, and other relevant Federal agencies, shall--CommentsClose CommentsPermalink





‘(A) identify additional waterways suitable for the construction of new dispersal barriers (based on the monitoring program established under paragraph (1)); andCommentsClose CommentsPermalink





‘(B) construct, maintain, and operate such dispersal barriers as necessary.CommentsClose CommentsPermalink





‘(5) REPORTS- Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Assistant Secretary and the Director shall jointly submit to Congress a report that describes--CommentsClose CommentsPermalink





‘(A) the efficacy of the Chicago River Ship and Sanitary Canal dispersal barrier project; andCommentsClose CommentsPermalink





‘(B) a plan to provide for additional dispersal barrier demonstration projects and related research projects.’.CommentsClose CommentsPermalink





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





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

SEC. 124. ENVIRONMENTAL SOUNDNESS.

Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) (as amended by section 123) is amended by inserting after subsection (j) the following:CommentsClose CommentsPermalink





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





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





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Administrator, in consultation with the Secretary, the National 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 National Invasive Species Council, shall publish (not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009) 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 National 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. 125. 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 National Aquatic Invasive Species Act of 2009, 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 National Aquatic Invasive Species Act of 2009, 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 National Aquatic Invasive Species Act of 2009, develop (in consultation with industry and other affected parties) 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 National Aquatic Invasive Species Act of 2009, 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 National 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, pet trade, and other appropriate 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 National 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 subsections (b) and (c) of section 1211; andCommentsClose CommentsPermalink





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

PART III--AQUATIC INVASIVE SPECIES RESEARCH

SEC. 131. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

(a) In General- Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 121) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

‘(a) Definition of Administering Agencies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In this section and section 1108, the term ‘administering agencies’ means--CommentsClose CommentsPermalink





‘(A) the Smithsonian Environmental Research Center;CommentsClose CommentsPermalink





‘(B) the United States Geological Survey; andCommentsClose CommentsPermalink





‘(C) the National Oceanic and Atmospheric Administration (including the Great Lakes Environmental Research Laboratory).CommentsClose CommentsPermalink





‘(2) MEMORANDUM OF UNDERSTANDING- The administering agencies shall enter into an agreement regarding implementation of this subtitle.CommentsClose CommentsPermalink





‘(3) CONSULTATION- In carrying out this section, the administering agencies shall consult with--CommentsClose CommentsPermalink





‘(A) the Task Force;CommentsClose CommentsPermalink





‘(B) the Environmental Protection Agency;CommentsClose CommentsPermalink





‘(C) the United States Fish and Wildlife Service; andCommentsClose CommentsPermalink





‘(D) other appropriate Federal and State agencies.CommentsClose CommentsPermalink





‘(4) COOPERATION- In carrying out this section, the administering agencies shall contract, as appropriate, or otherwise cooperate with academic researchers.CommentsClose CommentsPermalink





‘(b) Program- The administering agencies shall develop (not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2009) and conduct a marine and freshwater research program (including ecological and pathway surveys and experimentation) to assess rates of, patterns of, and conditions surrounding introductions of nonindigenous aquatic species in aquatic ecosystems.CommentsClose CommentsPermalink





‘(c) Purpose- The purpose of the program is to support efforts to prevent the introduction of, and detect and eradicate, invasive species by--CommentsClose CommentsPermalink





‘(1) providing information for--CommentsClose CommentsPermalink





‘(A) early detection and rapid response efforts; andCommentsClose CommentsPermalink





‘(B) relevant policy questions; andCommentsClose CommentsPermalink





‘(2) assessing the effectiveness of implemented policies (including any standard) to prevent the introduction and spread of aquatic invasive species.CommentsClose CommentsPermalink





‘(d) Protocol Development- The administering agencies shall--CommentsClose CommentsPermalink





‘(1) establish standardized protocols for conducting surveys that are integrated and produce comparable data, and, as practicable, build on existing protocols and data collection methods (including surveys required under subsection (b)), including--CommentsClose CommentsPermalink





‘(A) protocols to support early detection surveys of nonindigenous aquatic species conducted by Federal, State, or local agencies involved in the management of invasive species, including surveys carried out pursuant to section 1106;CommentsClose CommentsPermalink





‘(B) protocols to support comprehensive ecological surveys conducted under this section for purposes of research and analysis of rates and patterns of invasions; andCommentsClose CommentsPermalink





‘(C) protocols to support pathway surveys;CommentsClose CommentsPermalink





‘(2) recommend a standardized approach for classifying species;CommentsClose CommentsPermalink





‘(3) when proposing protocols, consider recommendations made at the workshop conducted under subsection (h);CommentsClose CommentsPermalink





‘(4) subject the protocols to peer review;CommentsClose CommentsPermalink





‘(5) complete the protocols not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009;CommentsClose CommentsPermalink





‘(6) revise protocols as necessary; andCommentsClose CommentsPermalink





‘(7) disseminate the protocols to the Task Force and other Federal, State, and local stakeholders.CommentsClose CommentsPermalink





‘(e) Ecological and Pathway Survey Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each comprehensive ecological survey conducted under this section shall, at a minimum--CommentsClose CommentsPermalink





‘(A) document baseline ecological information of the aquatic ecosystem, including--CommentsClose CommentsPermalink





‘(i) to the maximum extent practicable, a comprehensive inventory of native species, nonindigenous species, and species of unknown origin, present in the ecosystem; andCommentsClose CommentsPermalink





‘(ii) the chemical and physical characteristics of water and underlying substrate in the ecosystem;CommentsClose CommentsPermalink





‘(B) in the case of nonindigenous species, gather information to assist in identifying--CommentsClose CommentsPermalink





‘(i) the life history of the species;CommentsClose CommentsPermalink





‘(ii) the environmental requirements and tolerances of the species;CommentsClose CommentsPermalink





‘(iii) the native ecosystems of the species; andCommentsClose CommentsPermalink





‘(iv) the history of the species spread from the native ecosystems of the species;CommentsClose CommentsPermalink





‘(C) track the establishment of nonindigenous species, including information about the estimated population of nonindigenous organisms to allow an analysis of the probable date of introduction of the species; andCommentsClose CommentsPermalink





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





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





‘(A) identify which nonindigenous aquatic species are being introduced, or have the potential to be introduced, through the pathways under consideration;CommentsClose CommentsPermalink





‘(B) determine the rate of organism introduction through the pathways under consideration; andCommentsClose CommentsPermalink





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





‘(f) Number and Location of Survey Sites-CommentsClose CommentsPermalink





‘(1) REQUIRED 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.CommentsClose CommentsPermalink





‘(2) EMPHASIS- In carrying out paragraph (1) and subsection (g), the administering agencies shall give particular consideration to--CommentsClose CommentsPermalink





‘(A) the geographic diversity of sites; andCommentsClose CommentsPermalink





‘(B) the diversity of human uses and biological characteristics of sites.CommentsClose CommentsPermalink





‘(g) Competitive Grant Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In order to assist in carrying out subsections (b) and (i), the administering agencies (acting through the National Oceanic and Atmospheric Administration) shall administer a program to award grants to academic institutions, State agencies, and other appropriate groups.CommentsClose CommentsPermalink





‘(2) ADMINISTRATION- The program required under this section shall be competitive, peer-reviewed, and merit-based.CommentsClose CommentsPermalink





‘(h) Workshop- Not later than 120 days after the date of enactment of the National Aquatic Invasive Species Act of 2009, to assist in the development of the protocols and design for the surveys under this section, the administering agencies shall--CommentsClose CommentsPermalink





‘(1) convene a workshop among researchers from Federal and State agencies and academic institutions to obtain recommendations for the development of the protocols and surveys; andCommentsClose CommentsPermalink





‘(2) make the results of the workshop widely available to the public.CommentsClose CommentsPermalink





‘(i) Experimentation- The administering agencies shall conduct (at existing field stations and such other sites as may be appropriate) coordinated experiments on a range of taxonomic groups to identify--CommentsClose CommentsPermalink





‘(1) the relationship between the introduction and establishment of nonindigenous aquatic species; andCommentsClose CommentsPermalink





‘(2) the circumstances necessary for the species to survive and thrive.CommentsClose CommentsPermalink





‘(j) National Pathways 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 Environmental Research Center and the National Oceanic and Atmospheric Administration, a central national database of information concerning information collected under section 1107(b).CommentsClose CommentsPermalink





‘(2) REQUIREMENT- The United States Geological Survey shall--CommentsClose CommentsPermalink





‘(A) make the database widely available to the public;CommentsClose CommentsPermalink





‘(B) update the database not less often than once every 90 days;CommentsClose CommentsPermalink





‘(C) coordinate the database with existing databases collecting similar information; andCommentsClose CommentsPermalink





‘(D) to the maximum extent practicable, format the databases in a manner such that the data is useful for researchers and Federal and State employees managing relevant invasive species programs.’.CommentsClose CommentsPermalink





(b) Vessel Pathway Surveys- Section 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)(B)) is amended by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





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

SEC. 132. ANALYSIS.

(a) In General- Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 131(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1108. ANALYSIS.

‘(a) Invasion Analysis-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, and annually thereafter, the administering agencies shall analyze data collected under section 1107 and other relevant research, for the purpose of preventing the introduction of, detecting, and eradicating invasive species by--CommentsClose CommentsPermalink





‘(A) providing information for early detection and rapid response efforts;CommentsClose CommentsPermalink





‘(B) providing information for relevant policy questions; andCommentsClose CommentsPermalink





‘(C) 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 to--CommentsClose CommentsPermalink





‘(i) identify, and characterize as high-, medium-, or low-risk, regional and national pathways for the introduction of nonindigenous aquatic species into aquatic ecosystems;CommentsClose CommentsPermalink





‘(ii) identify new and expanding pathways through which nonindigenous aquatic species may be introduced into aquatic ecosystems;CommentsClose CommentsPermalink





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





‘(iv) assess the risk that species currently used in commerce pose for introduction into aquatic ecosystems;CommentsClose CommentsPermalink





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





‘(C) consider the ways in which the risk of establishment of an aquatic invasive species through a pathway is related to the identity and number of organisms transported;CommentsClose CommentsPermalink





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





‘(E) document factors that influence the vulnerability of an ecosystem to invasion by a nonindigenous aquatic species;CommentsClose CommentsPermalink





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





‘(G) provide recommendations for improvements on the effectiveness of pathway management;CommentsClose CommentsPermalink





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





‘(I) evaluate the effectiveness of management actions (including any standard) at reducing species introductions and establishment.CommentsClose CommentsPermalink





‘(3) REPORT- The administering agencies shall submit to the Task Force a report on analyses conducted under this section.CommentsClose CommentsPermalink





‘(b) Research To Assess the Potential of the Establishment of Introduced Species-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the administering agencies shall develop, conduct peer review of, and submit to the Task Force a profile of the general characteristics of invasive species, in order to--CommentsClose CommentsPermalink





‘(A) predict, to the extent practicable, whether a species planned for importation is likely to invade a particular aquatic ecosystem if introduced; andCommentsClose CommentsPermalink





‘(B) support the development of the screening process authorized under section 1105.CommentsClose CommentsPermalink





‘(2) RESEARCH- In developing the profile, the administering agencies shall analyze the research conducted under section 1107 and other research as necessary to determine--CommentsClose CommentsPermalink





‘(A) characteristics of general species and ecosystems (taking into account the opportunity for introduction into any ecosystem); andCommentsClose CommentsPermalink





‘(B) circumstances that may lead to establishment of a nonindigenous aquatic organism.CommentsClose CommentsPermalink





‘(3) RECOMMENDATIONS- Based on the profile, the administering agencies shall develop and submit to the Task Force, for inclusion in the report to Congress developed under section 1201(f)(2)(B), recommendations concerning which planned importation of nonindigenous aquatic organisms warrant restriction under section 1105.CommentsClose CommentsPermalink

‘SEC. 1109. DISSEMINATION.

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





‘(b) Reports- The National Invasive Species Council shall--CommentsClose CommentsPermalink





‘(1) not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, submit to Congress a report that describes the actions and findings carried out under this Act; andCommentsClose CommentsPermalink





‘(2) at least once every 3 years thereafter or more often as necessary, update the report.CommentsClose CommentsPermalink





‘(c) Response Strategy- To enable Federal, State, and local entities having responsibility for responding to the introduction of potentially harmful nonindigenous aquatic species to better and more rapidly respond to those introductions, the National Invasive Species Council, in coordination with the Task Force, the administering agencies, and other appropriate Federal and State agencies, shall implement a national strategy for the sharing of information collected under this Act with those entities.CommentsClose CommentsPermalink





‘(d) Pathway Practices- The National 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) to inform those users about means by which users can prevent the intentional or unintentional introduction of nonindigenous aquatic species into aquatic ecosystems.CommentsClose CommentsPermalink

‘SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION.

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





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Administrator, in consultation with the Army Corps of Engineers and the administering agencies, shall develop and implement 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 program shall--CommentsClose CommentsPermalink





‘(A) provide funds to support on-going efforts of Federal, State, or local officials 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 the demonstration or dissemination of the technologies or methods to potential end-users; andCommentsClose CommentsPermalink





‘(D) verify that any technology or practice meets any appropriate criteria developed for effectiveness and environmental soundness that are established by the Administrator.CommentsClose CommentsPermalink





‘(3) PREFERENCE- In making grants under this subsection, the Administrator shall give preference to proposals that meet criteria developed for environmental soundness that are established by the Administrator.CommentsClose CommentsPermalink





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





‘(5) REPORT- Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Administrator shall submit to Congress a report on the program conducted under this subsection, including findings and recommendations of the Secretary with respect to technologies and methods described in paragraph (1).CommentsClose CommentsPermalink





‘(b) Dispersal Barrier Research Program- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Assistant Secretary, in conjunction with the Director and other appropriate Federal agencies and academic researchers, shall establish a research, development, and demonstration program--CommentsClose CommentsPermalink





‘(1) to study environmentally sound methods and technologies to reduce dispersal of aquatic invasive species through interbasin waterways; andCommentsClose CommentsPermalink





‘(2) to assess the potential for using those methods and technologies in other waterways.’.CommentsClose CommentsPermalink





(b) Expansion of Vessel Pathway Technology Demonstration 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





(1) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; andCommentsClose CommentsPermalink





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





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





‘(5) PRIORITY- In making grants under this subsection, the Secretary of the Interior and the Secretary of Commerce shall give priority to technologies that meet criteria established in any testing protocol developed under the Environmental Technology Verification program of the Administrator.CommentsClose CommentsPermalink





‘(6) WORKSHOP- The Secretary of the Interior and the Secretary of Commerce shall--CommentsClose CommentsPermalink





‘(A) hold an annual workshop to encourage the exchange of information between and among--CommentsClose CommentsPermalink





‘(i) principal investigators for which funds are made available under this subsection; andCommentsClose CommentsPermalink





‘(ii) researchers conducting research directly relating to vessel pathway technology development; andCommentsClose CommentsPermalink





‘(B) make the results of the proceedings widely available to the public.’.CommentsClose CommentsPermalink

SEC. 133. VESSEL PATHWAY STANDARDS RESEARCH.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 132(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.

‘(a) Research Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary and the Administrator (in coordination with the National Oceanic and Atmospheric Administration, the Task Force, and other appropriate Federal agencies and academic researchers) shall develop and conduct a coordinated research program to support the establishment and implementation of standards to prevent the introduction and spread of aquatic invasive species by vessels.CommentsClose CommentsPermalink





‘(2) COMPONENTS- The research program shall include programs to--CommentsClose CommentsPermalink





‘(A) characterize physical, chemical, and biological harbor conditions relevant to ballast discharge into waters of the United States to provide information for the design and implementation of vessel vector control technologies and practices;CommentsClose CommentsPermalink





‘(B) develop testing protocols for determining the effectiveness of vector monitoring and control technologies and practices;CommentsClose CommentsPermalink





‘(C) research and demonstrate methods for mitigating the spread of aquatic invasive species by coastal voyages, including the exploration of the effectiveness of alternative exchange zones in the near coastal areas and other methods proposed to reduce the transfers of organisms;CommentsClose CommentsPermalink





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





‘(E) evaluate the effectiveness and residual risk and environmental impacts associated with any standard established with respect to a ship pathway through experimental research.CommentsClose CommentsPermalink





‘(b) Performance Test- Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Secretary, in conjunction with the National Institute of Standards and Technology and the Maritime Administration, shall design a performance test for ballast water exchange (such as a dye study) to measure the effectiveness of ballast water exchange.CommentsClose CommentsPermalink





‘(c) National Academy of Sciences Study-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall--CommentsClose CommentsPermalink





‘(A) identify the relative risk of transfer of various taxonomic groups of invasive species by different vessel modes;CommentsClose CommentsPermalink





‘(B)(i) assess the extent to which a ballast water standard that virtually eliminates the risk of introduction of invasive species by ballast water may relate to the risk of introductions by all vessel modes; andCommentsClose CommentsPermalink





‘(ii) explain the degree of uncertainty in such an assessment; andCommentsClose CommentsPermalink





‘(C)(i) recommend methods for reducing the transfers of invasive species by vessels by addressing all parts and systems of vessels and all related modes of transport of invasive organisms; andCommentsClose CommentsPermalink





‘(ii) identify the research, development, and demonstration needed to improve the information base to support those methods, including economic information.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Secretary shall submit to Congress a report that describes the results of the study under paragraph (1).CommentsClose CommentsPermalink





‘(3) IMPLEMENTATION OF RECOMMENDATIONS- Not later than the later of the date that is 1 year after the date of submission of the report under paragraph (2) or the date that is 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, the Task Force, in conjunction with the Administrator, administering agencies, and other appropriate Federal agencies, shall submit to the Secretary a report that describes recommendations for--CommentsClose CommentsPermalink





‘(A) a vessel pathway treatment standard that incorporates all potential modes of transfer by vessel; andCommentsClose CommentsPermalink





‘(B) methods for type approval and accurate monitoring of treatment performance that are simple and streamlined and follow established protocols.CommentsClose CommentsPermalink





‘(d) Working Group-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 2 years after the date of issuance by the Secretary of any standard relating to the introduction by vessels of invasive species, the Secretary shall convene a working group (including the Administrator, the administering agencies, and other appropriate Federal and State agencies and academic researchers) to evaluate the effectiveness of that standard and accompanying implementation protocols.CommentsClose CommentsPermalink





‘(2) DUTIES- The duties of the working group shall include, at a minimum--CommentsClose CommentsPermalink





‘(A) reviewing the effectiveness of the standard in reducing the establishment of invasive species in aquatic ecosystems, taking into consideration the data collected under section 1107; andCommentsClose CommentsPermalink





‘(B) submitting recommendations to the Secretary (who shall make the recommendations widely available to the public) for the revision of the standard and type approval process in order to ensure--CommentsClose CommentsPermalink





‘(i) effectiveness in reducing introductions of invasive species; andCommentsClose CommentsPermalink





‘(ii) the effectiveness of accurate shipboard monitoring of treatment performance in a simple and streamlined manner.’.CommentsClose CommentsPermalink

SEC. 134. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 133) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1112. 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 in systematics and taxonomy.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of the program are--CommentsClose CommentsPermalink





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





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





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





‘(4) to 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) Administration-CommentsClose CommentsPermalink





‘(1) MERIT REVIEW- Grants awarded through this section shall be awarded through a competitive, peer-reviewed process and shall be merit-based.CommentsClose CommentsPermalink





‘(2) PREFERENCES- In making grants under this section, the National Science Foundation shall provide a preference for--CommentsClose CommentsPermalink





‘(A) projects in a diverse set of ecosystems and geographic locations;CommentsClose CommentsPermalink





‘(B) if applicable, projects that are integrated with the Long Term Ecological Research Network created by the National Science Foundation;CommentsClose CommentsPermalink





‘(C) projects that include student participation; andCommentsClose CommentsPermalink





‘(D) projects carried out by institutions of higher education and museums that actively train students to become experts in systematics and taxonomy.’.CommentsClose CommentsPermalink

PART IV--COORDINATION

SEC. 141. 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 National 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) NATIONAL INVASIVE SPECIES COUNCIL- The National Invasive Species Council shall--CommentsClose CommentsPermalink





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





‘(B) not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2009, 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 covered by section 42 of title 18, United States Code (including regulations); 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 Inter-Regional 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-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An interstate organization that has a Federal charter authorized by law or Executive order for purposes of fisheries or natural resource management may develop and implement--CommentsClose CommentsPermalink





‘(A) regional aquatic invasive species management plans; andCommentsClose CommentsPermalink





‘(B) rapid response activities that are--CommentsClose CommentsPermalink





‘(i) requested by the Governors of the member States of the organization; andCommentsClose CommentsPermalink





‘(ii) consistent with any relevant State aquatic invasive species management plans.CommentsClose CommentsPermalink





‘(2) FUNDS- The interstate organization may receive funds under this Act to implement activities under the regional aquatic invasive species management plan of the organization.’.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)--CommentsClose CommentsPermalink





(A) in subparagraph (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





‘(i) rapid assessment and response contingency strategies under section 1211;CommentsClose CommentsPermalink





‘(ii) early detection strategies under section 1211(b)(4);CommentsClose CommentsPermalink





‘(iii) aquatic plant control programs conducted pursuant to other laws; andCommentsClose CommentsPermalink





‘(iv) screening of planned introductions pursuant to section 1105’; andCommentsClose CommentsPermalink





(B) in subparagraph (D), by inserting ‘include’ after ‘(D)’; andCommentsClose CommentsPermalink





(2) 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 National Aquatic Invasive Species Act of 2009, the Task Force shall amend the guidelines of the Task Force 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 strategies under section 1211(b)(4);CommentsClose CommentsPermalink





‘(iii) aquatic plant control programs conducted pursuant to other laws;CommentsClose CommentsPermalink





‘(iv) screening of planned introductions pursuant to 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) ELIGIBILITY OF EXISTING PLANS- A plan approved under this section as of the day immediately before the date of enactment of the National Aquatic Invasive Species Act of 2009 shall be eligible to receive a grant awarded under this section.CommentsClose CommentsPermalink





‘(8) REVIEW AND REVISION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State shall periodically review and, as necessary, revise the management plan of the State in accordance with guidelines of the Task Force.CommentsClose CommentsPermalink





‘(B) UPDATE OF EXISTING PLANS- A plan approved under this section as of the day immediately before the date of enactment of the National Aquatic Invasive Species Act of 2009 shall be updated after the date of enactment of the National Aquatic Invasive Species Act of 2009 to conform to the guidelines published under paragraph (5).CommentsClose CommentsPermalink





‘(9) 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