-CITE-
    16 USC CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND
           CONTROL                                         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

-HEAD-
           CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL       

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    4701.       Findings and purposes.                                
    4702.       Definitions.                                          

       SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                       NONINDIGENOUS AQUATIC SPECIES
    4711.       Aquatic nuisance species in waters of United States.  
    4712.       National ballast water management information.        
    4713.       Armed services ballast water programs.                
    4714.       Ballast water management demonstration program.       

    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
                                 DISPERSAL
    4721.       Establishment of Task Force.                          
    4722.       Aquatic nuisance species program.                     
    4723.       Regional coordination.                                
    4724.       State aquatic nuisance species management plans.      
    4725.       Relationship to other laws.                           
    4726.       International cooperation.                            
    4727.       Intentional introductions policy review.              
    4728.       Brown tree snake control program.                     

              SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS          
    4741.       Authorization of appropriations.                      

             SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES         
    4751.       Environmental impact analyses.                        

-End-

-CITE-
    16 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    16 USC Sec. 4701                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 4701. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the discharge of untreated water in the ballast tanks of
      vessels and through other means results in unintentional
      introductions of nonindigenous species to fresh, brackish, and
      saltwater environments;
        (2) when environmental conditions are favorable, nonindigenous
      species become established, may compete with or prey upon native
      species of plants, fish, and wildlife, may carry diseases or
      parasites that affect native species, and may disrupt the aquatic
      environment and economy of affected nearshore areas;
        (3) the zebra mussel was unintentionally introduced into the
      Great Lakes and has infested - 
          (A) waters south of the Great Lakes, into a good portion of
        the Mississippi River drainage;
          (B) waters west of the Great Lakes, into the Arkansas River
        in Oklahoma; and
          (C) waters east of the Great Lakes, into the Hudson River and
        Lake Champlain;

        (4) the potential economic disruption to communities affected
      by the zebra mussel due to its colonization of water pipes, boat
      hulls and other hard surfaces has been estimated at
      $5,000,000,000 by the year 2000, and the potential disruption to
      the diversity and abundance of native fish and other species by
      the zebra mussel and ruffe, round goby, and other nonindigenous
      species could be severe;
        (5) the zebra mussel was discovered on Lake Champlain during
      1993 and the opportunity exists to act quickly to establish zebra
      mussel controls before Lake Champlain is further infested and
      management costs escalate;
        (6) in 1992, the zebra mussel was discovered at the
      northernmost reaches of the Chesapeake Bay watershed;
        (7) the zebra mussel poses an imminent risk of invasion in the
      main waters of the Chesapeake Bay;
        (8) since the Chesapeake Bay is the largest recipient of
      foreign ballast water on the East Coast, there is a risk of
      further invasions of other nonindigenous species;
        (9) the zebra mussel is only one example of thousands of
      nonindigenous species that have become established in waters of
      the United States and may be causing economic and ecological
      degradation with respect to the natural resources of waters of
      the United States;
        (10) since their introduction in the early 1980's in ballast
      water discharges, ruffe - 
          (A) have caused severe declines in populations of other
        species of fish in Duluth Harbor (in Minnesota and Wisconsin);
          (B) have spread to Lake Huron; and
          (C) are likely to spread quickly to most other waters in
        North America if action is not taken promptly to control their
        spread;

        (11) examples of nonindigenous species that, as of October 26,
      1996, infest coastal waters of the United States and that have
      the potential for causing adverse economic and ecological effects
      include - 
          (A) the mitten crab (Eriocher sinensis) that has become
        established on the Pacific Coast;
          (B) the green crab (Carcinus maenas) that has become
        established in the coastal waters of the Atlantic Ocean;
          (C) the brown mussel (Perna perna) that has become
        established along the Gulf of Mexico; and
          (D) certain shellfish pathogens;

        (12) many aquatic nuisance vegetation species, such as Eurasian
      watermilfoil, hydrilla, water hyacinth, and water chestnut, have
      been introduced to waters of the United States from other parts
      of the world causing or having a potential to cause adverse
      environmental, ecological, and economic effects;
        (13) if preventive management measures are not taken nationwide
      to prevent and control unintentionally introduced nonindigenous
      aquatic species in a timely manner, further introductions and
      infestations of species that are as destructive as, or more
      destructive than, the zebra mussel or the ruffe infestations may
      occur;
        (14) once introduced into waters of the United States, aquatic
      nuisance species are unintentionally transported and introduced
      into inland lakes and rivers by recreational boaters, commercial
      barge traffic, and a variety of other pathways; and
        (15) resolving the problems associated with aquatic nuisance
      species will require the participation and cooperation of the
      Federal Government and State governments, and investment in the
      development of prevention technologies.
    (b) Purposes
      The purposes of this chapter are - 
        (1) to prevent unintentional introduction and dispersal of
      nonindigenous species into waters of the United States through
      ballast water management and other requirements;
        (2) to coordinate federally conducted, funded or authorized
      research, prevention (!1) control, information dissemination and
      other activities regarding the zebra mussel and other aquatic
      nuisance species;

        (3) to develop and carry out environmentally sound control
      methods to prevent, monitor and control unintentional
      introductions of nonindigenous species from pathways other than
      ballast water exchange;
        (4) to understand and minimize economic and ecological impacts
      of nonindigenous aquatic nuisance species that become
      established, including the zebra mussel; and
        (5) to establish a program of research and technology
      development and assistance to States in the management and
      removal of zebra mussels.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1002, Nov. 29, 1990, 104 Stat.
    4761; Pub. L. 104-182, title III, Sec. 308(a), Aug. 6, 1996, 110
    Stat. 1689; Pub. L. 104-332, Sec. 2(a)(1), (h)(1), Oct. 26, 1996,
    110 Stat. 4073, 4091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", which, to reflect the probable intent of Congress, was
    translated as reading "this title" meaning title I of Pub. L. 101-
    646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous
    Aquatic Nuisance Prevention and Control Act of 1990, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out below and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1002, which enacted this section.
      Subsec. (a)(2), (3). Pub. L. 104-332, Sec. 2(a)(1)(A), added
    pars. (2) and (3) and struck out former pars. (2) and (3) which
    read as follows:
      "(2) when environmental conditions are favorable, nonindigenous
    species, such as the zebra mussel (Dreissena polymorpha), become
    established and may disrupt the aquatic environment and economy of
    affected coastal areas;
      "(3) the zebra mussel was unintentionally introduced into the
    Great Lakes and, if left uncontrolled, is expected to infest over
    two-thirds of the continental United States through the
    unintentional transportation of larvae and adults by vessels
    operating in inland waters;".
      Subsec. (a)(4). Pub. L. 104-332, Sec. 2(a)(1)(B)(i), inserted "by
    the zebra mussel and ruffe, round goby, and other nonindigenous
    species" after "other species".
      Subsec. (a)(5). Pub. L. 104-182 added par. (5).
      Subsec. (a)(6) to (15). Pub. L. 104-332, Sec. 2(a)(1)(B)(ii),
    (C), (D), added pars. (6) to (15).

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1(a) of Pub. L. 104-332 provided that: "This Act
    [enacting sections 4713 and 4714 of this title, amending sections
    941 to 941g, 4701, 4702, 4711, 4712, 4721 to 4728, 4741 and 4751 of
    this title, section 42 of Title 18, Crimes and Criminal Procedure,
    and section 2761 of Title 33, Navigation and Navigable Waters,
    enacting provisions set out as a note under this section, and
    amending provisions set out as notes under this section, section
    941 of this title, and section 2701 of Title 33] may be cited as
    the 'National Invasive Species Act of 1996'."

                                SHORT TITLE                            
      Section 1001 of title I of Pub. L. 101-646, as amended by Pub. L.
    104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat. 4091, provided
    that: "This title [enacting this chapter and amending section 42 of
    Title 18, Crimes and Criminal Procedure] may be cited as the
    'Nonindigenous Aquatic Nuisance Prevention and Control Act of
    1990'."

                      CONSTRUCTION OF 1996 AMENDMENT                  
      Section 3 of Pub. L. 104-332 provided that: "Nothing in this Act
    [see Short Title of 1996 Amendment note above] or the amendments
    made by this Act is intended to affect the authorities and
    responsibilities of the Great Lakes Fishery Commission established
    under article II of the Convention on Great Lakes Fisheries between
    the United States of America and Canada, signed at Washington on
    September 10, 1954 (hereafter in this section referred to as the
    'Convention'), including the authorities and responsibilities of
    the Great Lakes Fishery Commission - 
        "(1) for developing and implementing a comprehensive program
      for eradicating or minimizing populations of sea lamprey in the
      Great Lakes watershed; and
        "(2) carrying out the duties of the Commission specified in the
      Convention (including any amendment thereto) and the Great Lakes
      Fishery Act of 1956 (16 U.S.C. 931 et seq.)."

                    REPORT ON ESTABLISHMENT OF PROGRAM                
      Pub. L. 102-567, title II, Sec. 203(b), Oct. 29, 1992, 106 Stat.
    4281, provided that: "Not later than one year after the date of the
    enactment of this Act [Oct. 29, 1992], the Secretary of Commerce
    shall submit a report to the Congress on progress toward
    establishing a nonindigenous aquatic nuisance prevention and
    control program within the National Oceanic and Atmospheric
    Administration and projected funding for such a program for the
    following five fiscal years."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

-End-

-CITE-
    16 USC Sec. 4702                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 4702. Definitions

-STATUTE-
      As used in this chapter, the term - 
        (1) "aquatic nuisance species" means a nonindigenous species
      that threatens the diversity or abundance of native species or
      the ecological stability of infested waters, or commercial,
      agricultural, aquacultural or recreational activities dependent
      on such waters;
        (2) "Assistant Secretary" means the Assistant Secretary of the
      Army (Civil Works);
        (3) "ballast water" means any water and associated sediments
      used to manipulate the trim and stability of a vessel;
        (4) "Director" means the Director of the United States Fish and
      Wildlife Service;
        (5) "exclusive economic zone" means the Exclusive Economic Zone
      of the United States established by Proclamation Number 5030,
      dated March 10, 1983, and the equivalent zone of Canada;
        (6) "environmentally sound" methods, efforts, actions or
      programs means methods, efforts, actions or programs to prevent
      introductions or control infestations of aquatic nuisance species
      that minimize adverse impacts to the structure and function of an
      ecosystem and adverse effects on non-target organisms and
      ecosystems and emphasize integrated pest management techniques
      and nonchemical measures;
        (7) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron
      (including Lake St. Clair), Lake Michigan, Lake Superior, and the
      connecting channels (Saint Mary's River, Saint Clair River,
      Detroit River, Niagara River, and Saint Lawrence River to the
      Canandian (!1) Border), and includes all other bodies of water
      within the drainage basin of such lakes and connecting channels.

        (8) "Great Lakes region" means the 8 States that border on the
      Great Lakes;
        (9) "Indian tribe" means any Indian tribe, band, nation, or
      other organized group or community, including any Alaska Native
      village or regional corporation (as defined in or established
      pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
      1601 et seq.)) that is recognized as eligible for the special
      programs and services provided by the United States to Indians
      because of their status as Indians;
        (10) "interstate organization" means an entity - 
          (A) established by - 
            (i) an interstate compact that is approved by Congress;
            (ii) a Federal statute; or
            (iii) a treaty or other international agreement with
          respect to which the United States is a party; and

          (B)(i) that represents 2 or more - 
            (I) States or political subdivisions thereof; or
            (II) Indian tribes; or

          (ii) that represents - 
            (I) 1 or more States or political subdivisions thereof; and
            (II) 1 or more Indian tribes; or

          (iii) that represents the Federal Government and 1 or more
        foreign governments; and
          (C) has jurisdiction over, serves as forum for coordinating,
        or otherwise has a role or responsibility for the management
        of, any land or other natural resource;

        (11) "nonindigenous species" means any species or other viable
      biological material that enters an ecosystem beyond its historic
      range, including any such organism transferred from one country
      into another;
        (12) "Secretary" means the Secretary of the department in which
      the Coast Guard is operating;
        (13) "Task Force" means the Aquatic Nuisance Species Task Force
      established under section 4721 of this title;
        (14) "territorial sea" means the belt of the sea measured from
      the baseline of the United States determined in accordance with
      international law, as set forth in Presidential Proclamation
      Number 5928, dated December 27, 1988;
        (15) "Under Secretary" means the Under Secretary of Commerce
      for Oceans and Atmosphere;
        (16) "waters of the United States" means the navigable waters
      and the territorial sea of the United States; and
        (17) "unintentional introduction" means an introduction of
      nonindigenous species that occurs as the result of activities
      other than the purposeful or intentional introduction of the
      species involved, such as the transport of nonindigenous species
      in ballast or in water used to transport fish, mollusks or
      crustaceans for aquaculture or other purposes.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1003, Nov. 29, 1990, 104 Stat.
    4762; Pub. L. 102-580, title III, Sec. 302(b)(2), Oct. 31, 1992,
    106 Stat. 4839; Pub. L. 104-332, Sec. 2(a)(2), (h)(1), (3), Oct.
    26, 1996, 110 Stat. 4074, 4091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", which, to reflect the probable intent of Congress, was
    translated as reading "this title" meaning title I of Pub. L. 101-
    646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous
    Aquatic Nuisance Prevention and Control Act of 1990, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    4701 of this title and Tables.
      Proclamation Number 5030, referred to in par. (5), is set out
    under section 1453 of this title.
      The Alaska Native Claims Settlement Act, referred to in par. (9),
    is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
    is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
    43, Public Lands. For complete classification of this Act to the
    Code, see Short Title note set out under section 1601 of Title 43
    and Tables.
      Presidential Proclamation Number 5928, referred to in par. (14),
    is set out under section 1331 of Title 43.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), (3), made technical
    amendment to Pub. L. 101-646, Sec. 1003, which enacted this
    section.
      Par. (1). Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (2)
    as (1) and struck out former par. (1) which read as follows: "
    'appropriate Committees' means the Committee on Public Works and
    Transportation and the Committee on Merchant Marine and Fisheries
    in the House of Representatives and the Committee on Environment
    and Public Works and Committee on Commerce, Science, and
    Transportation in the Senate; and".
      Par. (2). Pub. L. 104-332, Sec. 2(a)(2)(B), substituted "
    'Assistant Secretary' means" for " 'assistant Secretary' means".
      Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (3) as (2).
    Former par. (2) redesignated (1).
      Pars. (3) to (7). Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated
    pars. (4) to (8) as (3) to (7), respectively. Former par. (3)
    redesignated (2).
      Par. (8). Pub. L. 104-332, Sec. 2(a)(2)(D), added par. (8).
      Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (8) as (7).
      Pars. (9), (10). Pub. L. 104-332, Sec. 2(a)(2)(D), added pars.
    (9) and (10).
      Pub. L. 104-332, Sec. 2(a)(2)(C), redesignated pars. (9) and (10)
    as (11) and (12), respectively.
      Pars. (11) to (17). Pub. L. 104-332, Sec. 2(a)(2)(C),
    redesignated pars. (9) to (15) as (11) to (17), respectively.
      1992 - Par. (1). Pub. L. 102-580 inserted "the Committee on
    Public Works and Transportation and" after "means".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) So in original. Probably should be "Canadian".

-End-

-CITE-
    16 USC SUBCHAPTER II - PREVENTION OF UNINTENTIONAL
           INTRODUCTIONS OF NONINDIGENOUS AQUATIC
           SPECIES                                         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                     NONINDIGENOUS AQUATIC SPECIES

-HEAD-
       SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                       NONINDIGENOUS AQUATIC SPECIES

-End-

-CITE-
    16 USC Sec. 4711                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                     NONINDIGENOUS AQUATIC SPECIES

-HEAD-
    Sec. 4711. Aquatic nuisance species in waters of United States

-STATUTE-
    (a) Great Lakes guidelines
      (1) In general
        Not later than 6 months after November 29, 1990, the Secretary
      shall issue voluntary guidelines to prevent the introduction and
      spread of aquatic nuisance species into the Great Lakes through
      the exchange of ballast water of vessels prior to entering those
      waters.
      (2) Content of guidelines
        The guidelines issued under this subsection shall - 
          (A) ensure to the maximum extent practicable that ballast
        water containing aquatic nuisance species is not discharged
        into the Great Lakes;
          (B) protect the safety of - 
            (i) each vessel; and
            (ii) the crew and passengers of each vessel;

          (C) take into consideration different vessel operating
        conditions; and
          (D) be based on the best scientific information available.
    (b) Regulations
      (1) In general
        Not later than 2 years after November 29, 1990, the Secretary,
      in consultation with the Task Force, shall issue regulations to
      prevent the introduction and spread of aquatic nuisance species
      into the Great Lakes through the ballast water of vessels.
      (2) Content of regulations
        The regulations issued under this subsection shall - 
          (A) apply to all vessels equipped with ballast water tanks
        that enter a United States port on the Great Lakes after
        operating on the waters beyond the exclusive economic zone;
          (B) require a vessel to - 
            (i) carry out exchange of ballast water on the waters
          beyond the exclusive economic zone prior to entry into any
          port within the Great Lakes;
            (ii) carry out an exchange of ballast water in other waters
          where the exchange does not pose a threat of infestation or
          spread of aquatic nuisance species in the Great Lakes and
          other waters of the United States, as recommended by the Task
          Force under section 4712(a)(1) of this title; or
            (iii) use environmentally sound alternative ballast water
          management methods if the Secretary determines that such
          alternative methods are as effective as ballast water
          exchange in preventing and controlling infestations of
          aquatic nuisance species;

          (C) not affect or supersede any requirements or prohibitions
        pertaining to the discharge of ballast water into waters of the
        United States under the Federal Water Pollution Control Act (33
        U.S.C. 1251 et seq.);
          (D) provide for sampling procedures to monitor compliance
        with the requirements of the regulations;
          (E) prohibit the operation of a vessel in the Great Lakes if
        the master of the vessel has not certified to the Secretary or
        the Secretary's designee by not later than the departure of
        that vessel from the first lock in the St. Lawrence Seaway that
        the vessel has complied with the requirements of the
        regulations;
          (F) protect the safety of - 
            (i) each vessel; and
            (ii) the crew and passengers of each vessel;

          (G) take into consideration different operating conditions;
        and
          (H) be based on the best scientific information available.
      (3) Additional regulations
        In addition to promulgating regulations under paragraph (1),
      the Secretary, in consultation with the Task Force, shall, not
      later than November 4, 1994, issue regulations to prevent the
      introduction and spread of aquatic nuisance species into the
      Great Lakes through ballast water carried on vessels that enter a
      United States port on the Hudson River north of the George
      Washington Bridge.
      (4) Education and technical assistance programs
        The Secretary may carry out education and technical assistance
      programs and other measures to promote compliance with the
      regulations issued under this subsection.
    (c) Voluntary national guidelines
      (1) In general
        Not later than 1 year after October 26, 1996, and after
      providing notice and an opportunity for public comment, the
      Secretary shall issue voluntary guidelines to prevent the
      introduction and spread of nonindigenous species in waters of the
      United States by ballast water operations and other operations of
      vessels equipped with ballast water tanks.
      (2) Content of guidelines
        The voluntary guidelines issued under this subsection shall - 
          (A) ensure to the maximum extent practicable that aquatic
        nuisance species are not discharged into waters of the United
        States from vessels;
          (B) apply to all vessels equipped with ballast water tanks
        that operate in waters of the United States;
          (C) protect the safety of - 
            (i) each vessel; and
            (ii) the crew and passengers of each vessel;

          (D) direct a vessel that is carrying ballast water into
        waters of the United States after operating beyond the
        exclusive economic zone to - 
            (i) carry out the exchange of ballast water of the vessel
          in waters beyond the exclusive economic zone;
            (ii) exchange the ballast water of the vessel in other
          waters where the exchange does not pose a threat of
          infestation or spread of nonindigenous species in waters of
          the United States, as recommended by the Task Force under
          section 4712(a)(1) of this title; or
            (iii) use environmentally sound alternative ballast water
          management methods, including modification of the vessel
          ballast water tanks and intake systems, if the Secretary
          determines that such alternative methods are at least as
          effective as ballast water exchange in preventing and
          controlling infestations of aquatic nuisance species;

          (E) direct vessels to carry out management practices that the
        Secretary determines to be necessary to reduce the probability
        of unintentional nonindigenous species transfer resulting from -
         
            (i) ship operations other than ballast water discharge; and
            (ii) ballasting practices of vessels that enter waters of
          the United States with no ballast water on board;

          (F) provide for the keeping of records that shall be
        submitted to the Secretary, as prescribed by the guidelines,
        and that shall be maintained on board each vessel and made
        available for inspection, upon request of the Secretary and in
        a manner consistent with subsection (i) of this section, in
        order to enable the Secretary to determine compliance with the
        guidelines, including - 
            (i) with respect to each ballast water exchange referred to
          in clause (ii), reporting on the precise location and
          thoroughness of the exchange; and
            (ii) any other information that the Secretary considers
          necessary to assess the rate of effective compliance with the
          guidelines;

          (G) provide for sampling procedures to monitor compliance
        with the guidelines;
          (H) take into consideration - 
            (i) vessel types;
            (ii) variations in the characteristics of point of origin
          and receiving water bodies;
            (iii) variations in the ecological conditions of waters and
          coastal areas of the United States; and
            (iv) different operating conditions;

          (I) be based on the best scientific information available;
          (J) not affect or supersede any requirements or prohibitions
        pertaining to the discharge of ballast water into waters of the
        United States under the Federal Water Pollution Control Act (33
        U.S.C. 1251 et seq.); and
          (K) provide an exemption from ballast water exchange
        requirements to passenger vessels with operating ballast water
        systems that are equipped with treatment systems designed to
        kill aquatic organisms in ballast water, unless the Secretary
        determines that such treatment systems are less effective than
        ballast water exchange at reducing the risk of transfers of
        invasive species in the ballast water of passenger vessels; and
          (L) not apply to crude oil tankers engaged in the coastwise
        trade.
      (3) Education and technical assistance programs
        Not later than 1 year after October 26, 1996, the Secretary
      shall carry out education and technical assistance programs and
      other measures to encourage compliance with the guidelines issued
      under this subsection.
    (d) Report to Congress
      Not sooner than 24 months after the date of issuance of
    guidelines pursuant to subsection (c) of this section and not later
    than 30 months after such date, and after consultation with
    interested and affected persons, the Secretary shall prepare and
    submit to Congress a report containing the information required
    pursuant to paragraphs (1) and (2) of subsection (e) of this
    section.
    (e) Periodic review and revision
      (1) In general
        Not later than 3 years after the date of issuance of guidelines
      pursuant to subsection (c) of this section, and not less
      frequently than every 3 years thereafter, the Secretary shall, in
      accordance with criteria developed by the Task Force under
      paragraph (3) - 
          (A) assess the compliance by vessels with the voluntary
        guidelines issued under subsection (c) of this section and the
        regulations promulgated under this chapter;
          (B) establish the rate of compliance that is based on the
        assessment under subparagraph (A);
          (C) assess the effectiveness of the voluntary guidelines and
        regulations referred to in subparagraph (A) in reducing the
        introduction and spread of aquatic nuisance species by vessels;
        and
          (D) as necessary, on the basis of the best scientific
        information available - 
            (i) revise the guidelines and regulations referred to in
          subparagraph (A);
            (ii) promulgate additional regulations pursuant to
          subsection (f)(1) of this section; or
            (iii) carry out each of clauses (i) and (ii).
      (2) Special review and revision
        Not later than 90 days after the Task Force makes a request to
      the Secretary for a special review and revision for coastal and
      inland waterways designated by the Task Force, the Secretary
      shall - 
          (A) conduct a special review of guidelines and regulations
        applicable to those waterways in accordance with the review
        procedures under paragraph (1); and
          (B) as necessary, in the same manner as provided under
        paragraph (1)(D) - 
            (i) revise those guidelines;
            (ii) promulgate additional regulations pursuant to
          subsection (f)(1) of this section; or
            (iii) carry out each of clauses (i) and (ii).
      (3) Criteria for effectiveness
        Not later than 18 months after October 26, 1996, the Task Force
      shall submit to the Secretary criteria for determining the
      adequacy and effectiveness of the voluntary guidelines issued
      under subsection (c) of this section.
    (f) Authority of Secretary
      (1) General regulations
        If, on the basis of a periodic review conducted under
      subsection (e)(1) of this section or a special review conducted
      under subsection (e)(2) of this section, the Secretary determines
      that - 
          (A) the rate of effective compliance (as determined by the
        Secretary) with the guidelines issued pursuant to subsection
        (c) of this section is inadequate; or
          (B) the reporting by vessels pursuant to those guidelines is
        not adequate for the Secretary to assess the compliance with
        those guidelines and provide a rate of compliance of vessels,
        including the assessment of the rate of compliance of vessels
        under subsection (e)(2) of this section,

      the Secretary shall promptly promulgate regulations that meet the
      requirements of paragraph (2).
      (2) Requirements for regulations
        The regulations promulgated by the Secretary under paragraph
      (1) - 
          (A) shall - 
            (i) not be promulgated sooner than 180 days following the
          issuance of the report to Congress submitted pursuant to
          subsection (d) of this section;
            (ii) make mandatory the requirements included in the
          voluntary guidelines issued under subsection (c) of this
          section; and
            (iii) provide for the enforcement of the regulations; and

          (B) may be regional in scope.
      (3) International regulations
        The Secretary shall revise regulations promulgated under this
      subsection to the extent required to make such regulations
      consistent with the treatment of a particular matter in any
      international agreement, agreed to by the United States,
      governing management of the transfer of nonindigenous aquatic
      species by vessel.
    (g) Sanctions
      (1) Civil penalties
        Any person who violates a regulation promulgated under
      subsection (b) or (f) of this section shall be liable for a civil
      penalty in an amount not to exceed $25,000. Each day of a
      continuing violation constitutes a separate violation. A vessel
      operated in violation of the regulations is liable in rem for any
      civil penalty assessed under this subsection for that violation.
      (2) Criminal penalties
        Any person who knowingly violates the regulations promulgated
      under subsection (b) or (f) of this section is guilty of a class
      C felony.
      (3) Revocation of clearance
        Upon request of the Secretary, the Secretary of the Treasury
      shall withhold or revoke the clearance of a vessel required by
      section 60105 of title 46, if the owner or operator of that
      vessel is in violation of the regulations issued under subsection
      (b) or (f) of this section.
      (4) Exception to sanctions
        This subsection does not apply to a failure to exchange ballast
      water if - 
          (A) the master of a vessel, acting in good faith, decides
        that the exchange of ballast water will threaten the safety or
        stability of the vessel, its crew, or its passengers; and
          (B) the recordkeeping and reporting requirements of this
        chapter are complied with.
    (h) Coordination with other agencies
      In carrying out the programs under this section, the Secretary is
    encouraged to use, to the maximum extent practicable, the
    expertise, facilities, members, or personnel of established
    agencies and organizations that have routine contact with vessels,
    including the Animal and Plant Health Inspection Service of the
    Department of Agriculture, the National Cargo Bureau, port
    administrations, and ship pilots' associations.
    (i) Consultation with Canada, Mexico, and other foreign governments
      In developing the guidelines issued and regulations promulgated
    under this section, the Secretary is encouraged to consult with the
    Government of Canada, the Government of Mexico, and any other
    government of a foreign country that the Secretary, in consultation
    with the Task Force, determines to be necessary to develop and
    implement an effective international program for preventing the
    unintentional introduction and spread of nonindigenous species.
    (j) International cooperation
      The Secretary, in cooperation with the International Maritime
    Organization of the United Nations and the Commission on
    Environmental Cooperation established pursuant to the North
    American Free Trade Agreement, is encouraged to enter into
    negotiations with the governments of foreign countries to develop
    and implement an effective international program for preventing the
    unintentional introduction and spread of nonindigenous species.
    (k) Safety exemption
      (1) Master discretion
        The master of a vessel is not required to conduct a ballast
      water exchange if the master decides that the exchange would
      threaten the safety or stability of the vessel, its crew, or its
      passengers because of adverse weather, vessel architectural
      design, equipment failure, or any other extraordinary conditions.
      (2) Other requirements
        (A) In general
          Except as provided in subparagraph (B), a vessel that does
        not exchange ballast water on the high seas under paragraph (1)
        shall not be restricted from discharging ballast water in any
        harbor.
        (B) Great Lakes
          Subparagraph (A) shall not apply in a case in which a vessel
        is subject to the regulations issued by the Secretary under
        subsection (b) of this section.
      (3) Crude oil tanker ballast facility study
        (A) Within 60 days of October 26, 1996,(!1) the Secretary of
      the department in which the Coast Guard is operating, in
      consultation with the Under Secretary of Commerce for Oceans and
      Atmosphere, affected shoreside ballast water facility operators,
      affected crude oil tanker operators, and interested parties,
      shall initiate a study of the effectiveness of existing shoreside
      ballast water facilities used by crude oil tankers in the
      coastwise trade off Alaska in preventing the introduction of
      nonindigenous aquatic species into the waters off Alaska, as well
      as the cost and feasibility of modifying such facilities to
      improve such effectiveness.

        (B) The study required under subparagraph (A) shall be
      submitted to the Congress by no later than October 1, 1997.
    (l) Non-discrimination
      The Secretary shall ensure that vessels registered outside of the
    United States do not receive more favorable treatment than vessels
    registered in the United States when the Secretary performs
    studies, reviews compliance, determines effectiveness, establishes
    requirements, or performs any other responsibilities under this
    chapter.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1101, Nov. 29, 1990, 104 Stat.
    4763; Pub. L. 102-580, title III, Sec. 302(b)(1), Oct. 31, 1992,
    106 Stat. 4839; Pub. L. 102-587, title IV, Sec. 4002, Nov. 4, 1992,
    106 Stat. 5068; Pub. L. 104-332, Sec. 2(b)(2), Oct. 26, 1996, 110
    Stat. 4075.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsecs.
    (b)(2)(C) and (c)(2)(J), is act June 30, 1948, ch. 758, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      This chapter, referred to in subsecs. (e)(1)(A), (g)(4)(B), and
    (l), was in the original "this Act" or "the Act", which, to reflect
    the probable intent of Congress, was translated as reading "this
    title" meaning title I of Pub. L. 101-646, Nov. 29, 1990, 104 Stat.
    4761, known as the Nonindigenous Aquatic Nuisance Prevention and
    Control Act of 1990, which is classified principally to this
    chapter. For complete classification of title I to the Code, see
    Short Title note set out below and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (g)(3), "section 60105 of title 46" substituted for
    "section 4197 of the Revised Statutes (46 U.S.C. App. 91)" on
    authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat.
    1709, which Act enacted section 60105 of Title 46, Shipping.
      October 26, 1996, referred to in subsec. (k)(3), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 104-332, which amended
    this section generally, to reflect the probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332 amended section generally, substituting
    subsecs. (a) to (l) relating to aquatic nuisance species in waters
    of the United States for former subsecs. (a) to (e) relating to
    aquatic nuisance species in the Great Lakes.
      1992 - Subsec. (b)(3). Pub. L. 102-580 and Pub. L. 102-587 made
    substantively identical amendments, adding par. (3). Par. (3) is
    based on text of Pub. L. 102-587.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) See Codification note below.

-End-

-CITE-
    16 USC Sec. 4712                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                     NONINDIGENOUS AQUATIC SPECIES

-HEAD-
    Sec. 4712. National ballast water management information

-STATUTE-
    (a) Studies on introduction of aquatic nuisance species by vessels
      (1) Ballast exchange study
        The Task Force, in cooperation with the Secretary, shall
      conduct a study - 
          (A) to assess the environmental effects of ballast water
        exchange on the diversity and abundance of native species in
        receiving estuarine, marine, and fresh waters of the United
        States; and
          (B) to identify areas within the waters of the United States
        and the exclusive economic zone, if any, where the exchange of
        ballast water does not pose a threat of infestation or spread
        of aquatic nuisance species in the Great Lakes and other waters
        of the United States.
      (2) Biological study
        The Task Force, in cooperation with the Secretary, shall
      conduct a study to determine whether aquatic nuisance species
      threaten the ecological characteristics and economic uses of Lake
      Champlain and other waters of the United States other than the
      Great Lakes.
      (3) Shipping study
        The Secretary shall conduct a study to determine the need for
      controls on vessels entering waters of the United States, other
      than the Great Lakes, to minimize the risk of unintentional
      introduction and dispersal of aquatic nuisance species in those
      waters. The study shall include an examination of - 
          (A) the degree to which shipping may be a major pathway of
        transmission of aquatic nuisance species in those waters;
          (B) possible alternatives for controlling introduction of
        those species through shipping; and
          (C) the feasibility of implementing regional versus national
        control measures.
    (b) Ecological and ballast water discharge surveys
      (1) Ecological surveys
        (A) In general
          The Task Force, in cooperation with the Secretary, shall
        conduct ecological surveys of the Chesapeake Bay, San Francisco
        Bay, and Honolulu Harbor and, as necessary, of other estuaries
        of national significance and other waters that the Task Force
        determines - 
            (i) to be highly susceptible to invasion by aquatic
          nuisance species resulting from ballast water operations and
          other operations of vessels; and
            (ii) to require further study.
        (B) Requirements for surveys
          In conducting the surveys under this paragraph, the Task
        Force shall, with respect to each such survey - 
            (i) examine the attributes and patterns of invasions of
          aquatic nuisance species; and
            (ii) provide an estimate of the effectiveness of ballast
          water management and other vessel management guidelines
          issued and regulations promulgated under this subchapter in
          abating invasions of aquatic nuisance species in the waters
          that are the subject of the survey.
      (2) Ballast water discharge surveys
        (A) In general
          The Secretary, in cooperation with the Task Force, shall
        conduct surveys of ballast water discharge rates and practices
        in the waters referred to in paragraph (1)(A) on the basis of
        the criteria under clauses (i) and (ii) of such paragraph.
        (B) Requirements for surveys
          In conducting the surveys under this paragraph, the Secretary
        shall - 
            (i) examine the rate of, and trends in, ballast water
          discharge in the waters that are the subject of the survey;
          and
            (ii) assess the effectiveness of voluntary guidelines
          issued, and regulations promulgated, under this subchapter in
          altering ballast water discharge practices to reduce the
          probability of accidental introductions of aquatic nuisance
          species.
      (3) Columbia River
        The Secretary, in cooperation with the Task Force and academic
      institutions in each of the States affected, shall conduct an
      ecological and ballast water discharge survey of the Columbia
      River system consistent with the requirements of paragraphs (1)
      and (2).
    (c) Reports
      (1) Ballast exchange
        Not later than 18 months after November 29, 1990, and prior to
      the effective date of the regulations issued under section
      4711(b) of this title, the Task Force shall submit a report to
      the Congress that presents the results of the study required
      under subsection (a)(1) of this section and makes recommendations
      with respect to such regulations.
      (2) Biological and shipping studies
        Not later than 18 months after November 29, 1990, the Secretary
      and the Task Force shall each submit to the Congress a report on
      the results of their respective studies under paragraphs (2) and
      (3) of subsection (a) of this section.
    (d) Negotiations
      The Secretary, working through the International Maritime
    Organization, is encouraged to enter into negotiations with the
    governments of foreign countries concerning the planning and
    implementation of measures aimed at the prevention and control of
    unintentional introductions of aquatic nuisance species in coastal
    waters.
    (e) Regional research grants
      Out of amounts appropriated to carry out this subsection for a
    fiscal year, the Under Secretary may - 
        (1) make available not to exceed $750,000 to fund research on
      aquatic nuisance species prevention and control in the Chesapeake
      Bay through grants, to be competitively awarded and subject to
      peer review, to universities and research institutions;
        (2) make available not to exceed $500,000 to fund research on
      aquatic nuisance species prevention and control in the Gulf of
      Mexico through grants, to be competitively awarded and subject to
      peer review, to universities and research institutions;
        (3) make available not to exceed $500,000 to fund research on
      aquatic nuisance species prevention and control for the Pacific
      Coast through grants, to be competitively awarded and subject to
      peer review, to universities and research institutions;
        (4) make available not to exceed $500,000 to fund research on
      aquatic nuisance species prevention and control for the Atlantic
      Coast through grants, to be competitively awarded and subject to
      peer review, to universities and research institutions; and
        (5) make available not to exceed $750,000 to fund research on
      aquatic nuisance species prevention and control in the San
      Francisco Bay-Delta Estuary through grants, to be competitively
      awarded and subject to peer review, to universities and research
      institutions.
    (f) National ballast information clearinghouse
      (1) In general
        The Secretary shall develop and maintain, in consultation and
      cooperation with the Task Force and the Smithsonian Institution
      (acting through the Smithsonian Environmental Research Center), a
      clearinghouse of national data concerning - 
          (A) ballasting practices;
          (B) compliance with the guidelines issued pursuant to section
        4711(c) of this title; and
          (C) any other information obtained by the Task Force under
        subsection (b) of this section.
      (2) Report
        In consultation and cooperation with the Task Force and the
      Smithsonian Institution (acting through the Smithsonian
      Environmental Research Center), the Secretary shall prepare and
      submit to the Task Force and the Congress, on a biennial basis, a
      report that synthesizes and analyzes the data referred to in
      paragraph (1) relating to - 
          (A) ballast water delivery and management; and
          (B) invasions of aquatic nuisance species resulting from
        ballast water.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1102, Nov. 29, 1990, 104 Stat.
    4764; Pub. L. 104-332, Sec. 2(c), (g), (h)(1), Oct. 26, 1996, 110
    Stat. 4081, 4091; Pub. L. 105-362, title XV, Sec. 1502(d), Nov. 10,
    1998, 112 Stat. 3295.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (f)(2). Pub. L. 105-362 substituted "biennial
    basis" for "biannual basis" in introductory provisions.
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1102, which enacted this section.
      Pub. L. 104-332, Sec. 2(c)(1), substituted "management
    information" for "control program" in section catchline.
      Subsec. (a)(1). Pub. L. 104-332, Sec. 2(c)(2)(A), inserted ", in
    cooperation with the Secretary," before "shall conduct" in
    introductory provisions.
      Subsec. (a)(2). Pub. L. 104-332, Sec. 2(c)(2), inserted ", in
    cooperation with the Secretary," before "shall conduct" and "Lake
    Champlain and other" after "economic uses of".
      Subsec. (b). Pub. L. 104-332, Sec. 2(c)(3), added subsec. (b) and
    struck out heading and text of former subsec. (b). Text read as
    follows: "The Secretary and the Task Force shall cooperate in
    conducting their respective studies under this section."
      Subsec. (c). Pub. L. 104-332, Sec. 2(g), substituted "Congress"
    for "appropriate Committees" in pars. (1) and (2).
      Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(c)(4), added subsecs.
    (e) and (f).

-End-

-CITE-
    16 USC Sec. 4713                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                     NONINDIGENOUS AQUATIC SPECIES

-HEAD-
    Sec. 4713. Armed services ballast water programs

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

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1103, as added Pub. L. 104-332,
    Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    16 USC Sec. 4714                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
                     NONINDIGENOUS AQUATIC SPECIES

-HEAD-
    Sec. 4714. Ballast water management demonstration program

-STATUTE-
    (a) "Technologies and practices" defined
      For purposes of this section, the term "technologies and
    practices" means those technologies and practices that - 
        (1) may be retrofitted - 
          (A) on existing vessels or incorporated in new vessel
        designs; and
          (B) on existing land-based ballast water treatment
        facilities;

        (2) may be designed into new water treatment facilities;
        (3) are operationally practical;
        (4) are safe for a vessel and crew;
        (5) are environmentally sound;
        (6) are cost-effective;
        (7) a vessel operator is capable of monitoring; and
        (8) are effective against a broad range of aquatic nuisance
      species.
    (b) Demonstration program
      (1) In general
        During the 18-month period beginning on the date that funds are
      made available by appropriations pursuant to section 4741(e) of
      this title, the Secretary of the Interior and the Secretary of
      Commerce, with the concurrence of and in cooperation with the
      Secretary, shall conduct a ballast water management demonstration
      program to demonstrate technologies and practices to prevent
      aquatic nonindigenous species from being introduced into and
      spread through ballast water in the Great Lakes and other waters
      of the United States.
      (2) Location
        The installation and construction of the technologies and
      practices used in the demonstration program conducted under this
      subsection shall be performed in the United States.
      (3) Vessel selection
        In demonstrating technologies and practices on vessels under
      this subsection, the Secretary of the Interior and the Secretary
      of Commerce, shall - 
          (A) use only vessels that - 
            (i) are approved by the Secretary;
            (ii) have ballast water systems conducive to testing aboard-
          vessel or land-based technologies and practices applicable
          to a significant number of merchant vessels; and
            (iii) are - 
              (I) publicly or privately owned; and
              (II) in active use for trade or other cargo shipment
            purposes during the demonstration;

          (B) select vessels for participation in the program by giving
        priority consideration - 
            (i) first, to vessels documented under chapter 121 of title
          46;
            (ii) second, to vessels that are a majority owned by
          citizens of the United States, as determined by the
          Secretary; and
            (iii) third, to any other vessels that regularly call on
          ports in the United States; and

          (C) seek to use a variety of vessel types, including vessels
        that - 
            (i) call on ports in the United States and on the Great
          Lakes; and
            (ii) are operated along major coasts of the United States
          and inland waterways, including the San Francisco Bay and
          Chesapeake Bay.
      (4) Selection of technologies and practices
        In selecting technologies and practices for demonstration under
      this subsection, the Secretary of the Interior and the Secretary
      of Commerce shall give priority consideration to technologies and
      practices identified as promising by the National Research
      Council Marine Board of the National Academy of Sciences in its
      report on ships' ballast water operations issued in July 1996.
      (5) Report
        Not later than 3 years after October 26, 1996, the Secretary of
      the Interior and the Secretary of Commerce shall prepare and
      submit a report to the Congress on the demonstration program
      conducted pursuant to this section. The report shall include
      findings and recommendations of the Secretary of the Interior and
      the Secretary of Commerce concerning technologies and practices.
    (c) Authorities; consultation and cooperation with International
      Maritime Organization and Task Force
      (1) Authorities
        In conducting the demonstration program under subsection (b) of
      this section, the Secretary of the Interior may - 
          (A) enter into cooperative agreements with appropriate
        officials of other agencies of the Federal Government, agencies
        of States and political subdivisions thereof, and private
        entities;
          (B) accept funds, facilities, equipment, or personnel from
        other Federal agencies; and
          (C) accept donations of property and services.
      (2) Consultation and cooperation
        The Secretary of the Interior shall consult and cooperate with
      the International Maritime Organization and the Task Force in
      carrying out this section.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1104, as added Pub. L. 104-332,
    Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)

-End-

-CITE-
    16 USC SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC
           NUISANCE SPECIES DISPERSAL                      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
                                 DISPERSAL

-End-

-CITE-
    16 USC Sec. 4721                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4721. Establishment of Task Force

-STATUTE-
    (a) Task Force
      There is hereby established an "Aquatic Nuisance Species Task
    Force".
    (b) Membership
      Membership of the Task Force shall consist of - 
        (1) the Director;
        (2) the Under Secretary;
        (3) the Administrator of the Environmental Protection Agency;
        (4) the Commandant of the United States Coast Guard;
        (5) the Assistant Secretary;
        (6) the Secretary of Agriculture; and
        (7) the head of any other Federal agency that the chairpersons
      designated under subsection (d) of this section deem appropriate.
    (c) Ex officio members
      The chairpersons designated under subsection (d) of this section
    shall invite representatives of the Great Lakes Commission, the
    Lake Champlain Basin Program, the Chesapeake Bay Program, the San
    Francisco Bay-Delta Estuary Program, and State agencies and other
    governmental entities to participate as ex officio members of the
    Task Force.
    (d) Chairpersons
      The Director and the Under Secretary shall serve as co-
    chairpersons of the Task Force and shall be jointly responsible,
    and are authorized to undertake such activities as may be
    necessary, for carrying out this subchapter in consultation and
    cooperation with the other members of the Task Force.
    (e) Memorandum of understanding
      Within six months of November 29, 1990, the Director and the
    Under Secretary shall develop a memorandum of understanding that
    describes the role of each in jointly carrying out this subchapter.
    (f) Coordination
      Each Task Force member shall coordinate any action to carry out
    this subchapter with any such action by other members of the Task
    Force, and regional, State and local entities.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1201, Nov. 29, 1990, 104 Stat.
    4765; Pub. L. 104-182, title III, Sec. 308(b), Aug. 6, 1996, 110
    Stat. 1689; Pub. L. 104-332, Sec. 2(e)(2), (h)(1), Oct. 26, 1996,
    110 Stat. 4085, 4091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (d) to (f), was in the
    original "this subtitle", meaning subtitle C (Secs. 1201-1209) of
    title I of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4765, which
    enacted this subchapter and amended section 42 of Title 18, Crimes
    and Criminal Procedure.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1201, which enacted this section.
      Subsec. (b)(5) to (7). Pub. L. 104-332, Sec. 2(e)(2)(A), struck
    out "and" at end of par. (5), added par. (6), and redesignated
    former par. (6) as (7).
      Subsec. (c). Pub. L. 104-332, Sec. 2(e)(2)(B), inserted "the
    Chesapeake Bay Program, the San Francisco Bay-Delta Estuary
    Program," before "and State agencies".
      Pub. L. 104-182 inserted ", the Lake Champlain Basin Program,"
    after "Great Lakes Commission".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    16 USC Sec. 4722                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4722. Aquatic nuisance species program

-STATUTE-
    (a) In general
      The Task Force shall develop and implement a program for waters
    of the United States to prevent introduction and dispersal of
    aquatic nuisance species; to monitor, control and study such
    species; and to disseminate related information.
    (b) Content
      The program developed under subsection (a) of this section shall -
     
        (1) identify the goals, priorities, and approaches for aquatic
      nuisance species prevention, monitoring, control, education and
      research to be conducted or funded by the Federal Government;
        (2) describe the specific prevention, monitoring, control,
      education and research activities to be conducted by each Task
      Force member;
        (3) coordinate aquatic nuisance species programs and activities
      of Task Force members and affected State agencies;
        (4) describe the role of each Task Force member in implementing
      the elements of the program as set forth in this subchapter;
        (5) include recommendations for funding to implement elements
      of the program; and
        (6) develop a demonstration program of prevention, monitoring,
      control, education and research for the zebra mussel, to be
      implemented in the Great Lakes and any other waters infested, or
      likely to become infested in the near future, by the zebra
      mussel.
    (c) Prevention
      (1) In general
        The Task Force shall establish and implement measures, within
      the program developed under subsection (a) of this section, to
      minimize the risk of introduction of aquatic nuisance species to
      waters of the United States, including - 
          (A) identification of pathways by which aquatic organisms are
        introduced to waters of the United States;
          (B) assessment of the risk that an aquatic organism carried
        by an identified pathway may become an aquatic nuisance
        species; and
          (C) evaluation of whether measures to prevent introductions
        of aquatic nuisance species are effective and environmentally
        sound.
      (2) Implementation
        Whenever the Task Force determines that there is a substantial
      risk of unintentional introduction of an aquatic nuisance species
      by an identified pathway and that the adverse consequences of
      such an introduction are likely to be substantial, the Task Force
      shall, acting through the appropriate Federal agency, and after
      an opportunity for public comment, carry out cooperative,
      environmentally sound efforts with regional, State and local
      entities to minimize the risk of such an introduction.
    (d) Monitoring
      The Task Force shall establish and implement monitoring measures,
    within the program developed under subsection (a) of this section,
    to - 
        (1) detect unintentional introductions of aquatic nuisance
      species;
        (2) determine the dispersal of aquatic nuisance species after
      introduction; and
        (3) provide for the early detection and prevention of
      infestations of aquatic nuisance species in unaffected drainage
      basins.
    (e) Control
      (1) In general
        The Task Force may develop cooperative efforts, within the
      program established under subsection (a) of this section, to
      control established aquatic nuisance species to minimize the risk
      of harm to the environment and the public health and welfare. For
      purposes of this chapter, control efforts include eradication of
      infestations, reductions of populations, development of means of
      adapting human activities and public facilities to accommodate
      infestations, and prevention of the spread of aquatic nuisance
      species from infested areas. Such control efforts shall be
      developed in consultation with affected Federal agencies, States,
      Indian Tribes, local governments, interjurisdictional
      organizations, and other appropriate entities. Control actions
      authorized by this section shall be based on the best available
      scientific information and shall be conducted in an
      environmentally sound manner.
      (2) Decisions
        The Task Force or any other affected agency or entity may
      recommend that the Task Force initiate a control effort. In
      determining whether a control program is warranted, the Task
      Force shall evaluate the need for control (including the
      projected consequences of no control and less than full control);
      the technical and biological feasibility and cost-effectiveness
      of alternative control strategies and actions; whether the
      benefits of control, including costs avoided, exceed the costs of
      the program; the risk of harm to non-target organisms and
      ecosystems, public health and welfare; and such other
      considerations the Task Force determines appropriate. The Task
      Force shall also determine the nature and extent of control of
      target aquatic nuisance species that is feasible and desirable.
      (3) Programs
        If the Task Force determines in accordance with paragraph (2)
      that control of an aquatic nuisance species is warranted, the
      Task Force shall develop a proposed control program to achieve
      the target level of control. A notice summarizing the proposed
      action and soliciting comments shall be published in the Federal
      Register, in major newspapers in the region affected, and in
      principal trade publications of the industries affected. Within
      180 days of proposing a control program, and after consultation
      with affected governmental and other appropriate entities and
      taking into consideration other comments received, the Task Force
      shall complete development of the proposed control program.
    (f) Research
      (1) Priorities
        The Task Force shall, within the program developed under
      subsection (a) of this section, conduct research concerning - 
          (A) the environmental and economic risks and impacts
        associated with the introduction of aquatic nuisance species
        into the waters of the United States;
          (B) the principal pathways by which aquatic nuisance species
        are introduced and dispersed;
          (C) possible methods for the prevention, monitoring and
        control of aquatic nuisance species; and
          (D) the assessment of the effectiveness of prevention,
        monitoring and control methods.
      (2) Protocol
        Within 90 days of November 29, 1990, the Task Force shall
      establish and follow a protocol to ensure that research
      activities carried out under this subchapter do not result in the
      introduction of aquatic nuisance species to waters of the United
      States.
      (3) Grants for research
        The Task Force shall allocate funds authorized under this
      chapter for competitive research grants to study all aspects of
      aquatic nuisance species, which shall be administered through the
      National Sea Grant College Program and the Cooperative Fishery
      and Wildlife Research Units. Grants shall be conditioned to
      ensure that any recipient of funds follows the protocol
      established under paragraph (2) of this subsection.
    (g) Technical assistance
      The Task Force shall, within the program developed under
    subsection (a) of this section, provide technical assistance to
    State and local governments and persons to minimize the
    environmental, public health, and safety risks associated with
    aquatic nuisance species, including an early warning system for
    advance notice of possible infestations and appropriate responses.
    (h) Education
      The Task Force shall, with the program developed under subsection
    (a) of this section, establish and implement educational programs
    through Sea Grant Marine Advisory Services and any other available
    resources that it determines to be appropriate to inform the
    general public, State governments, governments of political
    subdivisions of States, and industrial and recreational users of
    aquatic resources in connection with matters concerning the
    identification of aquatic nuisance species, and control methods for
    such species, including the prevention of the further distribution
    of such species.
    (i) Zebra mussel demonstration program
      (1) Zebra mussel
        (A) In general
          The Task Force shall, within the program developed under
        subsection (a) of this section, undertake a program of
        prevention, monitoring, control, education and research for the
        zebra mussel to be implemented in the Great Lakes and any other
        waters of the United States infested or likely to become
        infested by the zebra mussel, including - 
            (i) research and development concerning the species life
          history, environmental tolerances and impacts on fisheries
          and other ecosystem components, and the efficacy of control
          mechanisms and means of avoiding or minimizing impacts;
            (ii) tracking the dispersal of the species and
          establishment of an early warning system to alert likely
          areas of future infestations;
            (iii) development of control plans in coordination with
          regional, State and local entities; and
            (iv) provision of technical assistance to regional, State
          and local entities to carry out this section.
        (B) Public facility research and development
          The Assistant Secretary, in consultation with the Task Force,
        shall develop a program of research, technology development,
        and demonstration for the environmentally sound control of
        zebra mussels in and around public facilities. The Assistant
        Secretary shall collect and make available, through
        publications and other appropriate means, information
        pertaining to such control methods.
        (C) Voluntary guidelines
          Not later than 1 year after October 26, 1996, the Task Force
        shall develop and submit to the Secretary voluntary guidelines
        for controlling the spread of the zebra mussel and, if
        appropriate, other aquatic nuisance species through
        recreational activities, including boating and fishing. Not
        later than 4 months after the date of such submission, and
        after providing notice and an opportunity for public comment,
        the Secretary shall issue voluntary guidelines that are based
        on the guidelines developed by the Task Force under this
        subparagraph.
      (2) Dispersal containment analysis
        (A) Research
          The Administrator of the Environmental Protection Agency, in
        cooperation with the National Science Foundation and the Task
        Force, shall provide research grants on a competitive basis for
        projects that - 
            (i) identify environmentally sound methods for controlling
          the dispersal of aquatic nuisance species, such as the zebra
          mussel; and
            (ii) adhere to research protocols developed pursuant to
          subsection (f)(2) of this section.
        (B) Authorization of appropriations
          There are authorized to be appropriated to the Environmental
        Protection Agency to carry out this paragraph, $500,000.
      (3) Dispersal barrier demonstration
        (A) In general
          The Assistant Secretary, in consultation with the Task Force,
        shall investigate and identify environmentally sound methods
        for preventing and reducing the dispersal of aquatic nuisance
        species between the Great Lakes-Saint Lawrence drainage and the
        Mississippi River drainage through the Chicago River Ship and
        Sanitary Canal, including any of those methods that could be
        incorporated into the operation or construction of the lock
        system of the Chicago River Ship and Sanitary Canal.
        (B) Report
          Not later than 18 months after October 26, 1996, the
        Assistant Secretary shall issue a report to the Congress that
        includes recommendations concerning - 
            (i) which of the methods that are identified under the
          study conducted under this paragraph are most promising with
          respect to preventing and reducing the dispersal of aquatic
          nuisance species; and
            (ii) ways to incorporate those methods into ongoing
          operations of the United States Army Corps of Engineers that
          are conducted at the Chicago River Ship and Sanitary Canal.
        (C) Authorization of appropriations
          There are authorized to be appropriated to the Department of
        the Army such sums as are necessary to carry out the dispersal
        barrier demonstration project directed by this paragraph.
      (4) Contributions
        To the extent allowable by law, in carrying out the studies
      under paragraphs (2) and (3), the Administrator of the
      Environmental Protection Agency and the Secretary of the Army may
      enter into an agreement with an interested party under which that
      party provides in kind or monetary contributions for the study.
      (5) Technical assistance
        The Great Lakes Environmental Research Laboratory of the
      National Oceanic and Atmospheric Administration shall provide
      technical assistance to appropriate entities to assist in the
      research conducted pursuant to this subsection.
    (j) Implementation
      (1) Regulations
        The Director, the Secretary, and the Under Secretary may issue
      such rules and regulations as may be necessary to implement this
      section.
      (2) Participation of others
        The Task Force shall provide opportunities for affected Federal
      agencies which are not part of the Task Force, State and local
      government agencies, and regional and other entities with the
      necessary expertise to participate in control programs. If these
      other agencies or entities have sufficient authority or
      jurisdiction and expertise and where this will be more efficient
      or effective, responsibility for implementing all or a portion of
      a control program may be delegated to such agencies or entities.
    (k) Reports
      (1) Not later than 12 months after November 29, 1990, the Task
    Force shall submit a report describing the program developed under
    subsection (a) of this section, including the research protocol
    required under subsection (f)(2) of this section, to the Congress.
      (2) On an annual basis after the submission of the report under
    paragraph (1), the Task Force shall submit a report to the Congress
    detailing progress in carrying out this section.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1202, Nov. 29, 1990, 104 Stat.
    4766; Pub. L. 104-332, Sec. 2(e)(3), (4), (g), (h)(1), Oct. 26,
    1996, 110 Stat. 4085, 4087, 4091; Pub. L. 109-234, title II, Sec.
    2309, June 15, 2006, 120 Stat. 457.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (e)(1) and (f)(3), was in
    the original "this Act", which, to reflect the probable intent of
    Congress, was translated as reading "this title" meaning title I of
    Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the
    Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,
    which is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 4701 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (i)(3)(C). Pub. L. 109-234 substituted "such sums
    as are necessary to carry out the dispersal barrier demonstration
    project directed by this paragraph" for ", to carry out this
    paragraph, $750,000".
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1202, which enacted this section.
      Subsec. (f)(1)(A). Pub. L. 104-332, Sec. 2(e)(3)(A), inserted
    "and impacts" after "economic risks".
      Subsec. (i). Pub. L. 104-332, Sec. 2(e)(3)(B), designated
    existing provisions as par. (1), redesignated former pars. (1) and
    (2) as subpars. (A) and (B), respectively, and former subpars. (A)
    to (D) of par. (1) as cls. (i) to (iv), respectively, of subpar.
    (A), inserted new par. (1) heading, substituted "The Assistant
    Secretary, in consultation with the Task Force, shall develop a
    program of research, technology development, and demonstration for
    the environmentally sound control of zebra mussels in and around
    public facilities." for "The Assistant Secretary, in consultation
    with the Task Force, shall develop a program of research and
    technology development for the environmentally sound control of
    zebra mussels in and around public facilities." in subpar. (B), and
    added subpar. (C) and pars. (2) to (5).
      Subsec. (j)(1). Pub. L. 104-332, Sec. 2(e)(4), substituted "The
    Director, the Secretary," for "Not later than 18 months after
    November 29, 1990, the Director".
      Subsec. (k). Pub. L. 104-332, Sec. 2(g), substituted "Congress"
    for "appropriate Committees" in pars. (1) and (2).

-End-

-CITE-
    16 USC Sec. 4723                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4723. Regional coordination

-STATUTE-
    (a) Great Lakes panel
      (1) In general
        Not later than 30 days following November 29, 1990, the Task
      Force shall request that the Great Lakes Commission (established
      under Article IV of the Great Lakes Compact to which the Congress
      granted consent in the Act of July 24, 1968, P.L. 90-419) convene
      a panel of Great Lakes region representatives from Federal, State
      and local agencies and from private environmental and commercial
      interests to - 
          (A) identify priorities for the Great Lakes region with
        respect to aquatic nuisance species;
          (B) make recommendations to the Task Force regarding programs
        to carry out section 4722(i) of this title;
          (C) assist the Task Force in coordinating Federal aquatic
        nuisance species program activities in the Great Lakes region;
          (D) coordinate, where possible, aquatic nuisance species
        program activities in the Great Lakes region that are not
        conducted pursuant to this chapter;
          (E) provide advice to public and private individuals and
        entities concerning methods of controlling aquatic nuisance
        species; and
          (F) submit annually a report to the Task Force describing
        activities within the Great Lakes region related to aquatic
        nuisance species prevention, research,(!1) control.

      (2) Consultation
        The Task Force shall request that the Great Lakes Fishery
      Commission provide information to the panel convened under this
      subsection on technical and policy matters related to the
      international fishery resources of the Great Lakes.
      (3) Canadian participation
        The panel convened under this subsection is encourage (!2) to
      invite representatives from the Federal, provincial or
      territorial governments of Canada to participate as observers.

    (b) Western regional panel
      Not later than 30 days after October 26, 1996, the Task Force
    shall request a Western regional panel, comprised of Western region
    representatives from Federal, State, and local agencies and from
    private environmental and commercial interests, to - 
        (1) identify priorities for the Western region with respect to
      aquatic nuisance species;
        (2) make recommendations to the Task Force regarding an
      education, monitoring (including inspection), prevention, and
      control program to prevent the spread of the zebra mussel west of
      the 100th Meridian pursuant to section 4722(i) of this title;
        (3) coordinate, where possible, other aquatic nuisance species
      program activities in the Western region that are not conducted
      pursuant to this chapter;
        (4) develop an emergency response strategy for Federal, State,
      and local entities for stemming new invasions of aquatic nuisance
      species in the region;
        (5) provide advice to public and private individuals and
      entities concerning methods of preventing and controlling aquatic
      nuisance species infestations; and
        (6) submit annually a report to the Task Force describing
      activities within the Western region related to aquatic nuisance
      species prevention, research, and control.
    (c) Additional regional panels
      The Task Force shall - 
        (1) encourage the development and use of regional panels and
      other similar entities in regions in addition to the Great Lakes
      and Western regions (including providing financial assistance for
      the development and use of such entities) to carry out, with
      respect to those regions, activities that are similar to the
      activities described in subsections (a) and (b) of this section;
      and
        (2) cooperate with regional panels and similar entities that
      carry out the activities described in paragraph (1).

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1203, Nov. 29, 1990, 104 Stat.
    4769; Pub. L. 104-332, Sec. 2(e)(5), (h)(1), Oct. 26, 1996, 110
    Stat. 4087, 4091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 24, 1968, referred to in subsec. (a)(1), is Pub. L.
    90-419, July 24, 1968, 82 Stat. 414, which is not classified to the
    Code.
      This chapter, referred to in subsecs. (a)(1)(D) and (b)(3), was
    in the original "this Act", which, to reflect the probable intent
    of Congress, was translated as reading "this title" meaning title I
    of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the
    Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,
    which is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 4701 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1203, which enacted this section.
      Pub. L. 104-332, Sec. 2(e)(5)(A), substituted "Regional" for
    "Great Lakes regional" in section catchline.
      Pub. L. 104-332, Sec. 2(e)(5)(B)-(F), designated existing
    provisions as subsec. (a) and inserted subsec. heading,
    redesignated former subsec. (a) as par. (1), and former pars. (1)
    to (6) as subpars. (A) to (F), respectively, of par. (1), in par.
    (1) inserted "region" before "representatives" in introductory
    provisions and after "Great Lakes" in subpars. (A), (C), (D), and
    (F), redesignated subsecs. (b) and (c) as pars. (2) and (3),
    respectively, of subsec. (a), substituted "this subsection" for
    "this section" in those pars., and added subsecs. (b) and (c).

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "and".

    (!2) So in original. Probably should be "encouraged".

-End-

-CITE-
    16 USC Sec. 4724                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4724. State aquatic nuisance species management plans

-STATUTE-
    (a) State or interstate invasive species management plans
      (1) In general
        After providing notice and opportunity for public comment, the
      Governor of each State may prepare and submit, or the Governors
      of the States and the governments of the Indian tribes involved
      in an interstate organization, may jointly prepare and submit - 
          (A) a comprehensive management plan to the Task Force for
        approval which identifies those areas or activities within the
        State or within the interstate region involved, other than
        those related to public facilities, for which technical,
        enforcement, or financial assistance (or any combination
        thereof) is needed to eliminate or reduce the environmental,
        public health, and safety risks associated with aquatic
        nuisance species, particularly the zebra mussel; and
          (B) a public facility management plan to the Assistant
        Secretary for approval which is limited solely to identifying
        those public facilities within the State or within the
        interstate region involved for which technical and financial
        assistance is needed to reduce infestations of zebra mussels.
      (2) Content
        Each plan shall, to the extent possible, identify the
      management practices and measures that will be undertaken to
      reduce infestations of aquatic nuisance species. Each plan shall -
       
          (A) identify and describe State and local programs for
        environmentally sound prevention and control of the target
        aquatic nuisance species;
          (B) identify Federal activities that may be needed for
        environmentally sound prevention and control of aquatic
        nuisance species and a description of the manner in which those
        activities should be coordinated with State and local
        government activities;
          (C) identify any authority that the State (or any State or
        Indian tribe involved in the interstate organization) does not
        have at the time of the development of the plan that may be
        necessary for the State (or any State or Indian tribe involved
        in the interstate organization) to protect public health,
        property, and the environment from harm by aquatic nuisance
        species; and
          (D) a schedule of implementing the plan, including a schedule
        of annual objectives, and enabling legislation.
      (3) Consultation
        (A) In developing and implementing a management plan, the State
      or interstate organization should, to the maximum extent
      practicable, involve local governments and regional entities,
      Indian tribes, and public and private organizations that have
      expertise in the control of aquatic nuisance species.
        (B) Upon the request of a State or the appropriate official of
      an interstate organization, the Task Force or the Assistant
      Secretary, as appropriate under paragraph (1), may provide
      technical assistance in developing and implementing a management
      plan.
      (4) Plan approval
        Within 90 days after the submission of a management plan, the
      Task Force or the Assistant Secretary in consultation with the
      Task Force, as appropriate under paragraph (1), shall review the
      proposed plan and approve it if it meets the requirements of this
      subsection or return the plan to the Governor or the interstate
      organization with recommended modifications.
    (b) Grant program
      (1) State grants
        The Director may, at the recommendation of the Task Force, make
      grants to States with management plans approved under subsection
      (a) of this section for the implementation of those plans.
      (2) Application
        An application for a grant under this subsection shall include
      an identification and description of the best management
      practices and measures which the State proposes to utilize in
      implementing an approved management plan with any Federal
      assistance to be provided under the grant.
      (3) Federal share
        (A) The Federal share of the cost of each comprehensive
      management plan implemented with Federal assistance under this
      section in any fiscal year shall not exceed 75 percent of the
      cost incurred by the State in implementing such management
      program and the non-Federal share of such costs shall be provided
      from non-Federal sources.
        (B) The Federal share of the cost of each public facility
      management plan implemented with Federal assistance under this
      section in any fiscal year shall not exceed 50 percent of the
      cost incurred by the State in implementing such management
      program and the non-Federal share of such costs shall be provided
      from non-Federal sources.
      (4) Adminisrative (!1) costs

        For the purposes of this section, administrative costs for
      activities and programs carried out with a grant in any fiscal
      year shall not exceed 5 percent of the amount of the grant in
      that year.
      (5) In-kind contributions
        In addition to cash outlays and payments, in-kind contributions
      of property or personnel services by non-Federal interests for
      activities under this section may be used for the non-Federal
      share of the cost of those activities.
    (c) Enforcement assistance
      Upon request of a State or Indian tribe, the Director or the
    Under Secretary, to the extent allowable by law and in a manner
    consistent with section 141 of title 14, may provide assistance to
    a State or Indian tribe in enforcing an approved State or
    interstate invasive species management plan.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1204, Nov. 29, 1990, 104 Stat.
    4770; Pub. L. 104-332, Sec. 2(e)(6), (h)(1), Oct. 26, 1996, 110
    Stat. 4089, 4091.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1204, which enacted this section.
      Subsec. (a). Pub. L. 104-332, Sec. 2(e)(6)(A)(i), substituted
    "State or interstate invasive species management plans" for "State
    plan" in heading.
      Subsec. (a)(1). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(I),
    substituted "After providing notice and opportunity for public
    comment, the Governor of each State may prepare and submit, or the
    Governors of the States and the governments of the Indian tribes
    involved in an interstate organization, may jointly prepare and
    submit" for "The Governor of each State may, after notice and
    opportunity for public comment, prepare and submit" in introductory
    provisions.
      Subsec. (a)(1)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(II),
    (III), inserted "or within the interstate region involved" after
    "within the State" and substituted "technical, enforcement, or
    financial assistance (or any combination thereof)" for "technical
    and financial assistance".
      Subsec. (a)(1)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(III),
    inserted "or within the interstate region involved" after "within
    the State".
      Subsec. (a)(2)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(I),
    struck out "and" at end.
      Subsec. (a)(2)(C). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(III),
    added subpar. (C). Former subpar. (C) redesignated (D).
      Subsec. (a)(2)(D). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(II),
    (IV), redesignated subpar. (C) as (D) and inserted ", and enabling
    legislation" before period.
      Subsec. (a)(3)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(I),
    inserted "or interstate organization" after "the State" and "Indian
    tribes," after "local governments and regional entities,".
      Subsec. (a)(3)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(II),
    inserted "or the appropriate official of an interstate
    organization" after "a State".
      Subsec. (a)(4). Pub. L. 104-332, Sec. 2(e)(6)(A)(v), inserted "or
    the interstate organization" after "the Governor".
      Subsec. (b)(1). Pub. L. 104-332, Sec. 2(e)(6)(B), struck out "or
    the Assistant Secretary, as appropriate under subsection (a) of
    this section," after "The Director" and substituted "management
    plans approved under subsection (a) of this section" for "approved
    management plans".
      Subsec. (c). Pub. L. 104-332, Sec. 2(e)(6)(C), added subsec. (c).

-FOOTNOTE-
    (!1) So in original. Probably should be "Administrative".

-End-

-CITE-
    16 USC Sec. 4725                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4725. Relationship to other laws

-STATUTE-
      All actions taken by Federal agencies in implementing the
    provisions of section 4722 of this title shall be consistent with
    all applicable Federal, State, and local environmental laws.
    Nothing in this chapter shall affect the authority of any State or
    political subdivision thereof to adopt or enforce control measures
    for aquatic nuisance species, or diminish or affect the
    jurisdiction of any State over species of fish and wildlife.
    Compliance with the control and eradication measures of any State
    or political subdivision thereof regarding aquatic nuisance species
    shall not relieve any person of the obligation to comply with the
    provisions of this subchapter.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1205, Nov. 29, 1990, 104 Stat.
    4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
    4091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I of Pub. L. 101-646, Nov. 29, 1990, 104
    Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention
    and Control Act of 1990, which is classified principally to this
    chapter. For complete classification of title I to the Code, see
    Short Title note set out under section 4701 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332 made technical amendment to Pub. L. 101-
    646, Sec. 1205, which enacted this section.

-End-

-CITE-
    16 USC Sec. 4726                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4726. International cooperation

-STATUTE-
    (a) Advice
      The Task Force shall provide timely advice to the Secretary of
    State concerning aquatic nuisance species that infest waters shared
    with other countries.
    (b) Negotiations
      The Secretary of State, in consultation with the Task Force, is
    encouraged to initiate negotiations with the governments of foreign
    countries concerning the planning and implementation of prevention,
    monitoring, research, education, and control programs related to
    aquatic nuisance species infesting shared water resources.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1206, Nov. 29, 1990, 104 Stat.
    4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
    4091.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332 made technical amendment to Pub. L. 101-
    646, Sec. 1206, which enacted this section.

-End-

-CITE-
    16 USC Sec. 4727                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4727. Intentional introductions policy review

-STATUTE-
      Within one year of November 29, 1990, the Task Force shall, in
    consultation with State fish and wildlife agencies, other regional,
    State and local entities, potentially affected industries and other
    interested parties, identify and evaluate approaches for reducing
    the risk of adverse consequences associated with intentional
    introduction of aquatic organisms and submit a report of their
    findings, conclusions and recommendations to the Congress.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1207, Nov. 29, 1990, 104 Stat.
    4771; Pub. L. 104-332, Sec. 2(g), (h)(1), Oct. 26, 1996, 110 Stat.
    4091.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1207, which enacted this section.
      Pub. L. 104-332, Sec. 2(g), substituted "Congress" for
    "appropriate Committees".

-End-

-CITE-
    16 USC Sec. 4728                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
           DISPERSAL                                     

-HEAD-
    Sec. 4728. Brown tree snake control program

-STATUTE-
      The Task Force shall, within the program developed under
    subsection (a),(!1) undertake a comprehensive, environmentally
    sound program in coordination with regional, territorial, State and
    local entities to control the brown tree snake (Boiga irregularis)
    in Guam and other areas where the species is established outside of
    its historic range.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1209, Nov. 29, 1990, 104 Stat.
    4772; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
    4091.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332 made technical amendment to Pub. L. 101-
    646, Sec. 1209, which enacted this section.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection (a) of section
         4722 of this title,".

-End-

-CITE-
    16 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
              SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS          

-End-

-CITE-
    16 USC Sec. 4741                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
    Sec. 4741. Authorization of appropriations

-STATUTE-
    (a) Prevention of unintentional introductions
      There are authorized to be appropriated to develop and implement
    the provisions of subchapter II of this chapter - 
        (1) $500,000 until the end of fiscal year 1992 to the Secretary
      to carry out sections 4711 and 4712(a)(3) of this title;
        (2) $2,000,000 until the end of fiscal year 1992 to the
      Director and Under Secretary to carry out the studies under
      sections 4712(a)(1) and 4712(a)(2 (!1) of this title;

        (3) to the Secretary to carry out section 4711 of this title - 
          (A) $2,000,000 for each of fiscal years 1997 and 1998; and
          (B) $3,000,000 for each of fiscal years 1999 through 2002;

        (4) for each of fiscal years 1997 through 2002, to carry out
      paragraphs (1) and (2) of section 4712(b) of this title - 
          (A) $1,000,000 to the Department of the Interior, to be used
        by the Director; and
          (B) $1,000,000 to the Secretary; and

        (5) for each of fiscal years 1997 through 2002 - 
          (A) $3,000,000, which shall be made available from funds
        otherwise authorized to be appropriated if such funds are so
        authorized, to the Under Secretary to carry out section 4712(e)
        of this title; and
          (B) $500,000 to the Secretary to carry out section 4712(f) of
        this title.
    (b) Task Force and aquatic nuisance species program
      There are authorized to be appropriated for each of fiscal years
    1997 through 2002 to develop and implement the provisions of
    subchapter III of this chapter - 
        (1) $6,000,000 to the Department of the Interior, to be used by
      the Director to carry out sections 4722 and 4728 of this title;
        (2) $1,000,000 to the Department of Commerce, to be used by the
      Under Secretary to carry out section 4722 of this title;
        (3) $1,625,000, which shall be made available from funds
      otherwise authorized to be appropriated if such funds are so
      authorized, to fund aquatic nuisance species prevention and
      control research under section 4722(i) of this title at the Great
      Lakes Environmental Research Laboratory of the National Oceanic
      and Atmospheric Administration, of which $500,000 shall be made
      available for grants, to be competitively awarded and subject to
      peer review, for research relating to Lake Champlain;
        (4) $5,000,000 for competitive grants for university research
      on aquatic nuisance species under section 4722(f)(3) of this
      title as follows:
          (A) $2,800,000, which shall be made available from funds
        otherwise authorized to be appropriated if such funds are so
        authorized, to fund grants under section 1124 of title 33;
          (B) $1,200,000 to fund grants to colleges for the benefit of
        agriculture and the mechanic arts referred to in section 322 of
        title 7; and
          (C) $1,000,000 to fund grants through the Cooperative
        Fisheries and Wildlife Research Unit Program of the United
        States Fish and Wildlife Service;

        (5) $3,000,000 to the Department of the Army, to be used by the
      Assistant Secretary to carry out section 4722(i)(1)(B) of this
      title; and
        (6) $300,000 to the Department of the Interior, to be used by
      the Director to fund regional panels and similar entities under
      section 4723 of this title, of which $100,000 shall be used to
      fund activities of the Great Lakes Commission.
    (c) Grants for State management programs
      There are authorized to be appropriated for each of fiscal years
    1997 through 2002 $4,000,000 to the Department of the Interior, to
    be used by the Director for making grants under section 4724 of
    this title, of which $1,500,000 shall be used by the Director, in
    consultation with the Assistant Secretary, for management of
    aquatic nuisance vegetation species.
    (d) Intentional introductions policy review
      There are authorized to be appropriated for fiscal year 1991,
    $500,000 to the Director and the Under Secretary to conduct the
    intentional introduction policy review under section 4727 of this
    title.
    (e) Ballast water management demonstration program
      There are authorized to be appropriated $2,500,000 to carry out
    section 4714 of this title.
    (f) Research
      There are authorized to be appropriated to the Director
    $1,000,000 to carry out research on the prevention, monitoring, and
    control of aquatic nuisance species in Narragansett Bay, Rhode
    Island. The funds shall be made available for use by the Department
    of Environmental Management of the State of Rhode Island.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1301, Nov. 29, 1990, 104 Stat.
    4772; Pub. L. 102-186, Sec. 4(b)(2), Dec. 4, 1991, 105 Stat. 1283;
    Pub. L. 104-332, Sec. 2(f), (h)(1), Oct. 26, 1996, 110 Stat. 4090,
    4091.)

-COD-
                               CODIFICATION                           
      "Section 322 of title 7" substituted in subsec. (b)(4)(B) for
    "the first section of the Act of August 30, 1890 (26 Stat. 417,
    chapter 841; 7 U.S.C. 322)". Section 1 of the act of Aug. 30, 1890,
    is classified to sections 322 and 323 of Title 7, Agriculture, but
    only section 322 refers to agriculture and the mechanic arts.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
    Pub. L. 101-646, Sec. 1301, which enacted this section.
      Subsec. (a)(3). Pub. L. 104-332, Sec. 2(f)(1)(B), added par. (3)
    and struck out former par. (3) which read as follows: "$1,000,000
    for each of fiscal years 1993, 1994, and 1995 to the Secretary for
    implementation and enforcement of the regulations promulgated under
    section 4711 of this title."
      Subsec. (a)(4), (5). Pub. L. 104-332, Sec. 2(f)(1)(A), (C), added
    pars. (4) and (5).
      Subsec. (b). Pub. L. 104-332, Sec. 2(f)(2)(A), substituted "1997
    through 2002" for "1991, 1992, 1993, 1994, and 1995" in
    introductory provisions.
      Subsec. (b)(1) to (7). Pub. L. 104-332, Sec. 2(f)(2)(B), added
    pars. (1) to (6) and struck out former pars. (1) to (7) which read
    as follows:
      "(1) $7,000,000 to the Director to carry out sections 4722 and
    4728 of this title;
      "(2) $5,000,000 to the Under Secretary to carry out section 4722
    of this title;
      "(3) $1,125,000 to fund aquatic nuisance species prevention and
    control research under section 4722(i) of this title at the Great
    Lakes Environmental Research Laboratory of the National Oceanic and
    Atmospheric Administration;
      "(4) $5,000,000 for competitive grants for university research on
    aquatic nuisance species under section 4722(f)(3) of this title as
    follows:
        "(A) $3,375,000 to fund grants under the National Sea Grant
      College Program Act (33 U.S.C. 1121 et seq.), and of this amount,
      $2,500,000 to fund grants in the Great Lakes region; and
        "(B) $1,675,000 to fund grants through the Cooperative
      Fisheries and Wildlife Research Unit Program of the United States
      Fish and Wildlife Service;
      "(5) $500,000 to fund Sea Grant Marine Advisory Services
    education and technical assistance related to infestations of zebra
    mussels under sections 4722(g) and (h) of this title;
      "(6) $200,000 to fund aquatic nuisance species prevention and
    control activities of the Great Lakes Commission; and
      "(7) $2,000,000 to the Assistant Secretary to carry out section
    4722(i)(2) of this title."
      Subsec. (c). Pub. L. 104-332, Sec. 2(f)(3), added subsec. (c) and
    struck out heading and text of former subsec. (c). Text read as
    follows: "There are authorized to be appropriated for each of
    fiscal years 1991, 1992, 1993, 1994, and 1995 to make grants under
    section 4724 of this title - 
        "(1) $2,500,000 to the Director; and
        "(2) $5,000,000 to the Assistant Secretary."
      Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(f)(4), added subsecs.
    (e) and (f).
      1991 - Subsec. (b)(4)(A). Pub. L. 102-186 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows:
    "$3,375,000 to fund grants under section 1125 of title 33, and of
    this amount, $2,500,000 to fund grants in the Great Lakes region;
    and".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

-End-

-CITE-
    16 USC SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES    01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-HEAD-
             SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES         

-End-

-CITE-
    16 USC Sec. 4751                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
    SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-HEAD-
    Sec. 4751. Environmental impact analyses

-STATUTE-
      The Secretary of State, in consultation with the Council on
    Environmental Quality, is encouraged to enter into negotiations
    with the governments of Canada and Mexico to provide for reciprocal
    cooperative environmental impact analysis of major Federal actions
    which have significant transboundary effects on the quality of the
    human environment in the United States, Canada, and Mexico.

-SOURCE-
    (Pub. L. 101-646, title I, Sec. 1401, Nov. 29, 1990, 104 Stat.
    4773; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
    4091.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-332 made technical amendment to Pub. L. 101-
    646, Sec. 1401, which enacted this section.

-End-