II 

109TH CONGRESS 

2D SESSION S. 2545 

To establish a collaborative program to protect the Great Lakes, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2006 

Mr. DEWINE (for himself, Mr. LEVIN, Ms. STABENOW, Mr. VOINOVICH, Mrs. 

CLINTON, and Mr. SCHUMER) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To establish a collaborative program to protect the Great 

Lakes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Great Lakes Collaboration Implementation Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—INVASIVE SPECIES 


cprice-sewell on PROD1PC66 with BILLS
2 

•S 2545 IS

Subtitle A—Aquatic Invasive Species 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. Prevention of introduction of aquatic invasive species into waters of 

the United States by vessels. 

Sec. 104. Armed services whole vessel management program. 

Sec. 105. Priority pathway management program. 

Sec. 106. Screening process for planned importations of live aquatic organisms. 

Sec. 107. Early detection. 

Sec. 108. Rapid response. 

Sec. 109. Environmental soundness. 

Sec. 110. Information, education, and outreach. 

Sec. 111. Ecological and pathway research. 

Sec. 112. Analysis. 

Sec. 113. Dissemination. 

Sec. 114. Technology development, demonstration, and verification. 

Sec. 115. Research to support the setting and implementation of ship pathway 

standards. 

Sec. 116. Research in systematics and taxonomy. 

Sec. 117. State programs. 

Sec. 118. Program coordination. 

Sec. 119. International coordination. 

Sec. 120. Authorization of appropriations. 

Sec. 121. Conforming amendments. 

Subtitle B—Asian Carp Prevention and Control 

Sec. 125. Addition of species of carp to the list of injurious species that are 

prohibited from being imported or shipped. 

Sec. 126. Dispersal barriers. 

Subtitle C—National Invasive Species Council 

Sec. 131. Definitions. 

Sec. 132. Limitation on Federal actions. 

Sec. 133. National Invasive Species Council. 

Sec. 134. Duties. 

Sec. 135. National Invasive Species Management Plan. 

Sec. 136. Invasive Species Advisory Committee. 

Sec. 137. Budget analysis and summary. 

Sec. 138. Existing executive order. 

Sec. 139. Authorization of appropriations. 

TITLE II—HABITAT AND SPECIES 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

Sec. 204. Identification, review, and implementation of proposals. 

Sec. 205. Goals of United States Fish and Wildlife Service Programs related 

to Great Lakes fish and wildlife resources. 

Sec. 206. Establishment of offices. 

Sec. 207. Reports. 

Sec. 208. Authorization of appropriations. 

TITLE III—COASTAL HEALTH 


cprice-sewell on PROD1PC66 with BILLS
3 

•S 2545 IS

Sec. 301. Technical assistance. 

Sec. 302. Sewer overflow control grants. 

Sec. 303. Water pollution control revolving loan funds. 

Sec. 304. Allotment of funds. 

Sec. 305. Authorization of appropriations. 

TITLE IV—AREAS OF CONCERN 

Sec. 401. Great Lakes. 

TITLE V—TOXIC SUBSTANCES 

Sec. 501. Mercury reduction grants. 

TITLE VI—INDICATORS AND INFORMATION 

Subtitle A—Research Program 

Sec. 601. Research reauthorizations. 

Sec. 602. Great Lakes Science Center. 

Sec. 603. Great Lakes Environmental Research Laboratory. 

Subtitle B—Ocean and Coastal Observation System 

Sec. 611. Definitions. 

Sec. 612. Integrated ocean and coastal observing system. 

Sec. 613. Research, development, and education. 

Sec. 614. Interagency financing. 

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

Sec. 616. Authorization of appropriations. 

Sec. 617. Reporting requirement. 

Subtitle C—Great Lakes Water Quality Indicators and Monitoring 

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

TITLE VII—SUSTAINABLE DEVELOPMENT 

Sec. 701. Waterfront restoration and remediation projects. 

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

Sec. 703. Authorization of appropriations. 

TITLE VIII—COORDINATION AND OVERSIGHT 

Sec. 801. Definitions. 

Sec. 802. Great Lakes Interagency Task Force. 

Sec. 803. Executive Committee. 

Sec. 804. Great Lakes Regional Collaboration. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 


cprice-sewell on PROD1PC66 with BILLS
4 

•S 2545 IS

1 (1) the Great Lakes, containing approximately 

2 20 percent of the Earth’s fresh surface water, are a 

3 treasure of global significance; 

4 (2) the Great Lakes provide drinking water for 

5 millions of people, facilitate commerce, and provide 

6 recreational opportunities for people from across the 

7 United States and around the world; 

8 (3) renewed efforts and investments are critical 

9 to aid in meeting the goals and objectives of the 

10 Great Lakes Water Quality Agreement between the 

11 United States and Canada; 

12 (4) in a report issued in December 2005, a 

13 group of leading scientists from top institutions in 

14 the Great Lakes area found that— 

15 (A) the Great Lakes are on the brink of an 

16 ecologic catastrophe; 

17 (B) the primary stressors straining the 

18 health of the Great Lakes are— 

19 (i) toxic chemicals; 

20 (ii) overloading of human waste and 

21 urban and agricultural runoff; 

22 (iii) physical changes to the shorelines 

23 and wetlands; 

24 (iv) invasive plant and animal species; 

25 (v) changes in water patterns; and 


cprice-sewell on PROD1PC66 with BILLS
5 

•S 2545 IS

1 (vi) overfishing; 

2 (C) the deterioration of the Great Lakes 

3 ecosystem is accelerating dramatically; and 

4 (D) if the pattern of deterioration is not 

5 reversed immediately, the damage could be ir6 reparable; 

7 (5) as a result of the stressors described in 

8 paragraph (4)(B)— 

9 (A) over 1,800 beaches were closed in 

10 2003; 

11 (B) Lake Erie has developed a 6,300 

12 square mile dead zone that forms every sum13 mer; 

14 (C) zebra mussels, an aquatic invasive spe15 cies, cause $500,000,000 per year in economic 

16 and environmental damage in the Great Lakes; 

17 (D) there is no appreciable natural repro18 duction of lake trout in the lower 4 Great 

19 Lakes; and 

20 (E) wildlife habitats have been destroyed, 

21 which has diminished fishing, hunting, and 

22 other outdoor recreation opportunities in the 

23 Great Lakes; 

24 (6) because of the patchwork approach to fixing 

25 the problems facing the Great Lakes, the problems 


cprice-sewell on PROD1PC66 with BILLS
6 

•S 2545 IS

1 have not only persisted in, but have also gotten 

2 worse in some areas of, the Great Lakes; 

3 (7) rather than dealing with 1 problem or loca4 tion of the Great Lakes at a time, a comprehensive 

5 restoration of the system is needed to prevent the 

6 Great Lakes from collapsing; 

7 (8) in December 2004, work began on the 

8 Great Lakes Regional Collaboration, a unique part9 nership that was— 

10 (A) formed for the purpose of developing a 

11 strategic action plan for Great Lakes restora12 tion; and 

13 (B) composed of— 

14 (i) key members from the Federal 

15 Government, State and local governments, 

16 and Indian tribes; and 

17 (ii) other stakeholders; 

18 (9) over 1,500 people throughout the Great 

19 Lakes region participated in this collaborative proc20 ess, with participants working on 1 or more of the 

21 8 strategy teams that focused on different issues af22 fecting the Great Lakes basin; 

23 (10) the recommendations of the Great Lakes 

24 Regional Collaboration, which was released on De25 cember 12, 2005, identify actions to address the 


cprice-sewell on PROD1PC66 with BILLS
7 

•S 2545 IS

1 issues affecting the Great Lake basin on the Fed2 eral, State, local, and tribal level; and 

3 (11) comprehensive restoration must be adapt4 ive, and ongoing efforts will be required to contin5 ually implement the recommendations of the Great 

6 Lakes Regional Collaboration as the recommenda7 tions relate to buffers, river restoration, wetlands, 

8 emerging toxic pollutants, and other issues affecting 

9 the Great Lakes basin. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) ADMINISTERING AGENCIES.—The term ‘‘ad13 ministering agencies’’ means— 

14 (A) the National Oceanic and Atmospheric 

15 Administration (including the Great Lakes En16 vironmental Research Laboratory); 

17 (B) the Smithsonian Institution (acting 

18 through the Smithsonian Environmental Re19 search Center); and 

20 (C) the United States Geological Survey. 

21 (2) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (3) AQUATIC ECOSYSTEM.—The term ‘‘aquatic 

25 ecosystem’’ means a freshwater, marine, or estuarine 


cprice-sewell on PROD1PC66 with BILLS
8 

•S 2545 IS

1 environment (including inland waters, riparian 

2 areas, and wetlands) located in the United States. 

3 (4) BALLAST WATER.—The term ‘‘ballast 

4 water’’ means any water (with its suspended matter) 

5 used to maintain the trim and stability of a vessel. 

6 (5) INVASION.—The term ‘‘invasion’’ means the 

7 introduction and establishment of an invasive species 

8 into an ecosystem beyond its historic range. 

9 (6) INVASIVE SPECIES.—The term ‘‘invasive 

10 species’’ means a species— 

11 (A) that is nonnative to the ecosystem 

12 under consideration; and 

13 (B) whose introduction causes or may 

14 cause harm to the economy, the environment, or 

15 human health. 

16 (7) INVASIVE SPECIES COUNCIL.—The term 

17 ‘‘Invasive Species Council’’ means the council estab18 lished by section 3 of Executive Order No. 13112 

19 (42 U.S.C. 4321 note). 

20 (8) PATHWAY.—The term ‘‘pathway’’ means 1 

21 or more routes by which an invasive species is trans22 ferred from 1 ecosystem to another. 

23 (9) SPECIES.—The term ‘‘species’’ means any 

24 fundamental category of taxonomic classification or 


cprice-sewell on PROD1PC66 with BILLS
9 

•S 2545 IS

1 any viable biological material ranking below a genus 

2 or subgenus. 

3 (10) TASK FORCE.—The term ‘‘Task Force’’ 

4 means the Aquatic Nuisance Species Task Force es5 tablished by section 1201(a) of the Nonindigenous 

6 Aquatic Nuisance Prevention and Control Act of 

7 1990 (16 U.S.C. 4721(a)). 

8 (11) TYPE APPROVAL.—The term ‘‘type ap9 proval’’ means an approval procedure under which a 

10 type of system is certified as meeting a standard es11 tablished pursuant to Federal law (including a regu12 lation) for a particular application. 

13 TITLE I—INVASIVE SPECIES 

14 Subtitle A—Aquatic Invasive 

15 Species 

16 SEC. 101. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘National Aquatic 

18 Invasive Species Act of 2006’’. 

19 SEC. 102. DEFINITIONS. 

20 Section 1003 of the Nonindigenous Aquatic Nuisance 

21 Prevention and Control Act of 1990 (16 U.S.C. 4702) is 

22 amended to read as follows: 

23 ‘‘SEC. 1003. DEFINITIONS. 

24 ‘‘In this Act: 


cprice-sewell on PROD1PC66 with BILLS
10 

•S 2545 IS

1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Environ3 mental Protection Agency. 

4 ‘‘(2) AQUATIC ECOSYSTEM.—The term ‘aquatic 

5 ecosystem’ means a freshwater, marine, or estuarine 

6 environment (including inland waters, riparian 

7 areas, and wetlands), located in the United States. 

8 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As9 sistant Secretary’ means the Assistant Secretary of 

10 the Army for Civil Works. 

11 ‘‘(4) BALLAST WATER.—The term ‘ballast 

12 water’ means any water (with its suspended matter) 

13 used to maintain the trim and stability of a vessel. 

14 ‘‘(5) BEST PERFORMING TREATMENT TECH15 NOLOGY.—The term ‘best performing treatment 

16 technology’ means the ballast water treatment tech17 nology that is, as determined by the Secretary— 

18 ‘‘(A) the most biologically effective; 

19 ‘‘(B) the most environmentally sound; and 

20 ‘‘(C) suitable, available, and economically 

21 practicable. 

22 ‘‘(6) COASTAL VOYAGE.—The term ‘coastal voy23 age’ means a voyage conducted entirely within the 

24 exclusive economic zone. 


cprice-sewell on PROD1PC66 with BILLS
11 

•S 2545 IS

1 ‘‘(7) DIRECTOR.—The term ‘Director’ means 

2 the Director of the United States Fish and Wildlife 

3 Service. 

4 ‘‘(8) ENVIRONMENTALLY SOUND.—The term 

5 ‘environmentally sound’, refers to an activity that 

6 prevents or reduces introductions, or controls infes7 tations, of aquatic invasive species in a manner that 

8 minimizes adverse effects on— 

9 ‘‘(A) the structure and function of an eco10 system; and 

11 ‘‘(B) nontarget organisms and ecosystems. 

12 ‘‘(9) EXCLUSIVE ECONOMIC ZONE.—The term 

13 ‘exclusive economic zone’ means the area comprised 

14 of— 

15 ‘‘(A) the Exclusive Economic Zone of the 

16 United States established by Proclamation 

17 Number 5030, dated March 10, 1983; and 

18 ‘‘(B) the equivalent zones of Canada and 

19 Mexico. 

20 ‘‘(10) EXISTING VESSEL.—The term ‘existing 

21 vessel’ means any vessel that enters service on or be22 fore December 31, 2007. 

23 ‘‘(11) GREAT LAKES.—The term ‘Great Lakes’ 

24 means— 

25 ‘‘(A) Lake Erie; 


cprice-sewell on PROD1PC66 with BILLS
12 

•S 2545 IS

1 ‘‘(B) Lake Huron (including Lake Saint 

2 Clair); 

3 ‘‘(C) Lake Michigan; 

4 ‘‘(D) Lake Ontario; 

5 ‘‘(E) Lake Superior; 

6 ‘‘(F) the connecting channels of those 

7 Lakes, including— 

8 ‘‘(i) the Saint Mary’s River; 

9 ‘‘(ii) the Saint Clair River; 

10 ‘‘(iii) the Detroit River; 

11 ‘‘(iv) the Niagara River; and 

12 ‘‘(v) the Saint Lawrence River to the 

13 Canadian border; and 

14 ‘‘(G) any other body of water located with15 in the drainage basin of a Lake, River, or con16 necting channel described in any of subpara17 graphs (A) through (F). 

18 ‘‘(12) GREAT LAKES REGION.—The term ‘Great 

19 Lakes region’ means the region comprised of the 

20 States of Illinois, Indiana, Michigan, Minnesota, 

21 New York, Ohio, Pennsylvania, and Wisconsin. 

22 ‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ 

23 has the meaning given the term in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450b). 


cprice-sewell on PROD1PC66 with BILLS
13 

•S 2545 IS

1 ‘‘(14) INTERBASIN WATERWAY.—The term 

2 ‘interbasin waterway’ means a waterway that con3 nects 2 distinct water basins. 

4 ‘‘(15) INTERNATIONAL JOINT COMMISSION.— 

5 The term ‘International Joint Commission’ means 

6 the commission established by article VII of the 

7 Treaty relating to boundary waters and questions 

8 arising along the boundary between the United 

9 States and Canada, signed at Washington on Janu10 ary 11, 1909 (36 Stat. 2448; TS 548). 

11 ‘‘(16) INTRODUCTION.—The term ‘introduction’ 

12 means the transfer of an organism to an ecosystem 

13 outside the historic range of the species of which the 

14 organism is a member. 

15 ‘‘(17) INVASION.—The term ‘invasion’ means 

16 the introduction and establishment of an invasive 

17 species into an ecosystem beyond its historic range. 

18 ‘‘(18) INVASIVE SPECIES.—The term ‘invasive 

19 species’ means a species— 

20 ‘‘(A) that is nonnative to the ecosystem 

21 under consideration; and 

22 ‘‘(B) whose introduction causes or may 

23 cause harm to the economy, the environment, or 

24 human health. 


cprice-sewell on PROD1PC66 with BILLS
14 

•S 2545 IS

1 ‘‘(19) INVASIVE SPECIES COUNCIL.—The term 

2 ‘Invasive Species Council’ means the interagency 

3 council established by section 3 of Executive Order 

4 No. 13112 (42 U.S.C. 4321 note). 

5 ‘‘(20) NEW VESSEL.—The term ‘new vessel’ 

6 means any vessel that enters service on or after Jan7 uary 1, 2008. 

8 ‘‘(21) NONINDIGENOUS SPECIES.—The term 

9 ‘nonindigenous species’ means any species in an eco10 system the range of which exceeds the historic range 

11 of the species in that ecosystem. 

12 ‘‘(22) ORGANISM TRANSFER.—The term ‘orga13 nism transfer’ means the movement of an organism 

14 of any species from 1 ecosystem to another eco15 system outside the historic range of the species. 

16 ‘‘(23) PATHWAY.—The term ‘pathway’ means 1 

17 or more routes by which an invasive species is trans18 ferred from 1 ecosystem to another. 

19 ‘‘(24) PLANNED IMPORTATION.—The term 

20 ‘planned importation’ means the purposeful move21 ment of 1 or more nonindigenous organisms for use 

22 in the territorial limits of the United States. 

23 ‘‘(25) REGIONAL PANEL.—The term ‘regional 

24 panel’ means a panel convened in accordance with 

25 section 1203. 


cprice-sewell on PROD1PC66 with BILLS
15 

•S 2545 IS

1 ‘‘(26) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Homeland Security. 

3 ‘‘(27) SPECIES.—The term ‘species’ means any 

4 fundamental category of taxonomic classification or 

5 any viable biological material ranking below a genus 

6 or subgenus. 

7 ‘‘(28) SPECIES IN TRADE.—The term ‘species 

8 in trade’ means a species that has a documented his9 tory of being commercially imported into the United 

10 States in the period beginning on January 1, 1990, 

11 and ending on January 1, 2002. 

12 ‘‘(29) TASK FORCE.—The term ‘Task Force’ 

13 means the Aquatic Nuisance Species Task Force es14 tablished by section 1201(a). 

15 ‘‘(30) TERRITORIAL SEA.—The term ‘territorial 

16 sea’ means the belt of the sea measured from the 

17 baseline of the United States determined in accord18 ance with international law, as set forth in Presi19 dential Proclamation Number 5928, dated December 

20 27, 1988. 

21 ‘‘(31) TREATMENT.—The term ‘treatment’ 

22 means a mechanical, physical, chemical, biological, 

23 or other process or method of killing, removing, or 

24 rendering inviable organisms. 


cprice-sewell on PROD1PC66 with BILLS
16 

•S 2545 IS

1 ‘‘(32) TYPE APPROVAL.—The term ‘type ap2 proval’ means an approval procedure under which a 

3 type of system is certified as meeting a standard es4 tablished pursuant to Federal law (including a regu5 lation) for a particular application. 

6 ‘‘(33) UNDER SECRETARY.—The term ‘Under 

7 Secretary’ means the Under Secretary of Commerce 

8 for Oceans and Atmosphere. 

9 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde10 sirable impact’ means economic, human health, aes11 thetic, or environmental degradation that is not nec12 essary for, and is not clearly outweighed by, public 

13 health, environmental, or welfare benefits. 

14 ‘‘(35) WATERS OF THE UNITED STATES.— 

15 ‘‘(A) IN GENERAL.—The term ‘waters of 

16 the United States’ means the navigable waters 

17 and territorial sea of the United States. 

18 ‘‘(B) INCLUSION.—The term ‘waters of the 

19 United States’ includes the Great Lakes.’’. 

20 SEC. 103. PREVENTION OF INTRODUCTION OF AQUATIC 

21 INVASIVE SPECIES INTO WATERS OF THE 

22 UNITED STATES BY VESSELS. 

23 (a) IN GENERAL.—Section 1101 of the Nonindige24 nous Aquatic Nuisance Prevention and Control Act of 

25 1990 (16 U.S.C. 4711) is amended to read as follows: 


cprice-sewell on PROD1PC66 with BILLS
17 

•S 2545 IS

1 ‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 

2 INVASIVE SPECIES INTO WATERS OF THE 

3 UNITED STATES BY VESSELS. 

4 ‘‘(a) REQUIREMENTS FOR VESSELS OPERATING IN

5 WATERS OF THE UNITED STATES.— 

6 ‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.— 

7 ‘‘(A) IN GENERAL.—Effective beginning on 

8 the date that is 180 days after the issuance of 

9 guidelines pursuant to subparagraph (D) and 

10 promulgation of any regulations under this sec11 tion, each vessel that is equipped with a ballast 

12 tank, and any towed vessel or structure, oper13 ating in waters of the United States shall have 

14 in effect, and have available for inspection, an 

15 aquatic invasive species management plan that 

16 prescribes safe and effective means by which 

17 the master of the vessel shall minimize intro18 ductions and transfers of invasive species by 

19 any part of the vessel, pursuant to the guide20 lines or regulations applicable to that vessel. 

21 ‘‘(B) SPECIFICITY.—The management plan 

22 shall be specific to the vessel (or group of ves23 sels with characteristics similar to that of the 

24 vessel, as determined by the Secretary). 

25 ‘‘(C) REQUIREMENTS.—The management 

26 plan shall include, at a minimum, such informaVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
18 

•S 2545 IS

1 tion as is requested by the Secretary pursuant 

2 to subparagraph (D), including— 

3 ‘‘(i) operational requirements to safely 

4 and effectively comply with the applicable 

5 ballast water management requirements 

6 under paragraph (4); 

7 ‘‘(ii) operational requirements to safe8 ly and effectively carry out any actions 

9 consistent with a rapid response contin10 gency strategy required by States and ap11 proved by the Secretary under section 

12 1211; 

13 ‘‘(iii) at the discretion of the Sec14 retary, other operational requirements that 

15 are specified in guidelines adopted by the 

16 International Maritime Organization; 

17 ‘‘(iv) a description of all reporting re18 quirements and a copy of each form nec19 essary to meet those requirements; 

20 ‘‘(v) the position of the officer respon21 sible for implementation of ballast water 

22 management and reporting procedures on 

23 board; 


cprice-sewell on PROD1PC66 with BILLS
19 

•S 2545 IS

1 ‘‘(vi) documents relevant to aquatic 

2 invasive species management equipment or 

3 procedures; 

4 ‘‘(vii) a description of the location of 

5 access points for sampling ballast or sedi6 ments pursuant to paragraph (3)(B)(vi); 

7 ‘‘(viii) a description of requirements 

8 relating to compliance with any approved 

9 rapid response strategy relevant to the voy10 age of the vessel; 

11 ‘‘(ix) a contingency strategy applicable 

12 under section 1211, if appropriate; and 

13 ‘‘(x) such requirements described in 

14 subsection (b) as are applicable to the ves15 sel. 

16 ‘‘(D) GUIDELINES.—Not later than 18 

17 months after the date of enactment of the Na18 tional Aquatic Invasive Species Act of 2006, the 

19 Secretary shall issue final guidelines for the de20 velopment of invasive species management 

21 plans, including guidelines that— 

22 ‘‘(i) identify types of vessels for which 

23 plans are required; 

24 ‘‘(ii) establish processes for updating 

25 and revising the plans; and 


cprice-sewell on PROD1PC66 with BILLS
20 

•S 2545 IS

1 ‘‘(iii) establish criteria for compliance 

2 with this subsection. 

3 ‘‘(2) RECORDS.—The master of a vessel shall— 

4 ‘‘(A) maintain records of all ballast oper5 ations, for such period of time and including 

6 such information as the Secretary may specify; 

7 ‘‘(B) permit inspection of the records by 

8 representatives of the Secretary and of the 

9 State in which the port is located; and 

10 ‘‘(C) transmit records to the National Bal11 last Information Clearinghouse established 

12 under section 1102(f). 

13 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

14 ‘‘(A) IN GENERAL.—Not later than 18 

15 months after the date of enactment of the Na16 tional Aquatic Invasive Species Act of 2006, the 

17 Secretary shall issue guidelines on best manage18 ment practices to eliminate or minimize and 

19 monitor organism transfer by vessels. 

20 ‘‘(B) PRACTICES TO BE INCLUDED.—The 

21 best management practices shall include— 

22 ‘‘(i) sediment management in trans23 oceanic vessels; 

24 ‘‘(ii) minimization of ballast water up25 take in areas in which there is a greater 


cprice-sewell on PROD1PC66 with BILLS
21 

•S 2545 IS

1 risk of harmful organisms entering ballast 

2 tanks (such as areas with toxic algal 

3 blooms or known outbreaks of aquatic 

4 invasive species); 

5 ‘‘(iii) avoidance of unnecessary dis6 charge of ballast water in a port that was 

7 taken up in another port; 

8 ‘‘(iv) to the maximum extent prac9 ticable, collection and the proper disposal 

10 of debris from the cleaning of the hull; 

11 ‘‘(v) proper use of anti-fouling coat12 ing; and 

13 ‘‘(vi) provision of sample access ports 

14 in ballast piping for sampling of ballast in15 take and discharge. 

16 ‘‘(4) BALLAST WATER MANAGEMENT.— 

17 ‘‘(A) IN GENERAL.—Effective beginning on 

18 the date that is 180 days after the Secretary 

19 promulgates regulations pursuant to subsection 

20 (d), and except as provided in subparagraph 

21 (B), each vessel equipped with a ballast water 

22 tank that enters a United States port shall 

23 comply with the regulations relating to ballast 

24 water management. 

25 ‘‘(B) EXCEPTIONS.— 


cprice-sewell on PROD1PC66 with BILLS
22 

•S 2545 IS

1 ‘‘(i) VESSELS OPERATING ENTIRELY

2 WITHIN EXCLUSIVE ECONOMIC ZONE.—Be3 ginning on December 31, 2011, a vessel 

4 equipped with a ballast tank, and any 

5 towed vessel or structure, that operates en6 tirely within the exclusive economic zone 

7 shall comply with the regulations described 

8 in subsection (b)(3). 

9 ‘‘(ii) VESSELS OPERATING IN EN10 CLOSED AQUATIC ECOSYSTEMS.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 subclause (II), an existing vessel 

13 equipped with a ballast tank, and any 

14 towed vessel or structure, that oper15 ates exclusively in the upper 4 Great 

16 Lakes (Lake Superior, Lake Michi17 gan, Lake Huron, and Lake Erie, and 

18 the connecting channels), or in an19 other enclosed aquatic ecosystem shall 

20 not be required to comply with the 

21 regulations described in subsection 

22 (b)(1). 

23 ‘‘(II) ADDITIONAL ENCLOSED

24 AQUATIC ECOSYSTEMS.—The Admin25 istrator and the Under Secretary, in 


cprice-sewell on PROD1PC66 with BILLS
23 

•S 2545 IS

1 consultation with regional panels of 

2 the Task Force, may determine addi3 tional enclosed aquatic ecosystems in 

4 which the potential for movement of 

5 organisms by natural and anthropo6 genic means is not significantly al7 tered by the movement of the vessels 

8 equipped with ballast tanks. 

9 ‘‘(b) INVASIVE SPECIES MANAGEMENT REGULA10 TIONS AND CERTIFICATION PROCEDURES.— 

11 ‘‘(1) REGULATIONS.—Not later than 18 months 

12 after the date of enactment of the National Aquatic 

13 Invasive Species Act of 2006, the Secretary, with the 

14 concurrence of the Administrator and in consultation 

15 with the Task Force, shall promulgate final regula16 tions establishing performance requirements for ves17 sels to reduce or eliminate introduction by the ves18 sels of invasive species to waters of the United 

19 States, including— 

20 ‘‘(A) ballast water management operations 

21 (including relevant contingency procedures in 

22 instances in which a safety exemption is used 

23 pursuant to subsection (j)); and 


cprice-sewell on PROD1PC66 with BILLS
24 

•S 2545 IS

1 ‘‘(B) management of other vessel path2 ways, including the hull and sea chest of a ves3 sel. 

4 ‘‘(2) BALLAST WATER EXCHANGE.—The regula5 tions promulgated pursuant to paragraph (1)— 

6 ‘‘(A) shall apply only to existing vessels; 

7 ‘‘(B) shall expire not later than December 

8 31, 2011; and 

9 ‘‘(C) shall include— 

10 ‘‘(i) a provision for ballast water ex11 change that requires— 

12 ‘‘(I) at least 1 empty-and-refill 

13 cycle, on the high sea or in an alter14 native exchange area designated by 

15 the Secretary, of each ballast tank 

16 that contains ballast water to be dis17 charged into waters of the United 

18 States; or 

19 ‘‘(II) for a case in which the 

20 master of a vessel determines that 

21 compliance with the requirement 

22 under subclause (I) is impracticable, a 

23 sufficient number of flow-through ex24 changes of ballast water, on the high 

25 sea or in an alternative exchange area 


cprice-sewell on PROD1PC66 with BILLS
25 

•S 2545 IS

1 designated by the Secretary, to 

2 achieve replacement of at least 95 

3 percent of ballast water in ballast 

4 tanks of the vessel, as determined by 

5 a certification dye study conducted or 

6 model developed in accordance with 

7 protocols developed under paragraph 

8 (5)(B) and recorded in the manage9 ment plan of a vessel pursuant to sub10 section (a)(1)(C)(i); and 

11 ‘‘(ii) if a ballast water exchange is not 

12 undertaken pursuant to subsection (j), a 

13 contingency procedure that requires the 

14 master of a vessel to use the best prac15 ticable technology or practice to treat bal16 last discharge. 

17 ‘‘(3) BALLAST WATER TREATMENT.— 

18 ‘‘(A) IN GENERAL.—The regulations pro19 mulgated pursuant to paragraph (1) shall— 

20 ‘‘(i) establish a numeric ballast water 

21 discharge standard at a level that ensures 

22 that there is no measurable risk that any 

23 viable organisms of nonindigenous species 

24 entrained in ballast water that meets the 


cprice-sewell on PROD1PC66 with BILLS
26 

•S 2545 IS

1 standard will be established in waters of 

2 the United States; and 

3 ‘‘(ii) require that a vessel discharge 

4 ballast water the characteristics of which 

5 are consistent with clause (i), unless no 

6 technology exists to enable a vessel to dis7 charge such ballast water. 

8 ‘‘(B) BEST PERFORMING TREATMENT.—If 

9 no technology exists to enable a vessel to dis10 charge ballast water in accordance with the dis11 charge standard established under subpara12 graph (A)(i), the regulations promulgated pur13 suant to paragraph (1) shall require the vessel 

14 to discharge ballast water that— 

15 ‘‘(i) has been treated with the best 

16 performing treatment technology; and 

17 ‘‘(ii)(I) for existing vessels, has a con18 centration of viable biological material that 

19 contains 99 percent fewer near-coastal 

20 plankton than the concentration of viable 

21 biological material of the intake water of 

22 the vessel, as estimated under the certifi23 cation process described in paragraph 

24 (5)(C); or 


cprice-sewell on PROD1PC66 with BILLS
27 

•S 2545 IS

1 ‘‘(II) for new vessels, has a concentra2 tion of viable biological material that con3 tains 99.9 percent fewer near-coastal 

4 plankton than the concentration of viable 

5 biological material of the intake water of 

6 the vessel, as estimated under the certifi7 cation process described in paragraph 

8 (5)(C). 

9 ‘‘(4) REVIEW AND REVISION.—The Secretary, 

10 with the concurrence of the Administrator, shall re11 view and revise— 

12 ‘‘(A) not less frequently than every 3 

13 years, any determination relating to best per14 forming treatment technology under paragraph 

15 (3)(B)(i); and 

16 ‘‘(B) not less frequently than every 6 

17 years, the regulations promulgated pursuant to 

18 paragraph (1). 

19 ‘‘(5) CERTIFICATION OF TREATMENTS AND

20 PRACTICES.— 

21 ‘‘(A) IN GENERAL.—Not later than the 

22 date on which regulations are promulgated pur23 suant to paragraphs (2) and (3), the Secretary 

24 shall, with the concurrence of the Adminis25 trator, promulgate regulations for— 


cprice-sewell on PROD1PC66 with BILLS
28 

•S 2545 IS

1 ‘‘(i) the certification of treatments or 

2 practices the performances of which com3 ply with the regulations; and 

4 ‘‘(ii) on-going enforcement of the ef5 fective use of the certified treatments or 

6 practices. 

7 ‘‘(B) CERTIFICATION OF BALLAST WATER

8 EXCHANGE PROCEDURES.—The certification of 

9 ballast water exchange procedures in compli10 ance with the regulations promulgated pursuant 

11 to paragraph (2) shall be based on a qualified 

12 type-approval process, including a protocol in13 volving dye studies or models detailing flow dy14 namics of a vessel or class of vessels described 

15 in paragraph (2)(A)(ii) for demonstrating the 

16 number of flow-through exchanges necessary for 

17 such a vessel to meet the percentage purge re18 quirements associated with the flow-through 

19 technique for ballast water exchange. 

20 ‘‘(C) CERTIFICATION OF ALL OTHER BAL21 LAST WATER DISCHARGE.—The certification of 

22 treatments in compliance with the regulations 

23 promulgated pursuant to paragraph (1)(B) 

24 shall be based on a qualified type-approval 

25 process that— 


cprice-sewell on PROD1PC66 with BILLS
29 

•S 2545 IS

1 ‘‘(i) is capable of estimating the ex2 tent to which ballast water discharge treat3 ed by a ballast water treatment system is 

4 likely to comply with applicable standards, 

5 including any restrictions relating to— 

6 ‘‘(I) biological, chemical, or phys7 ical conditions of water taken into bal8 last; and 

9 ‘‘(II) conditions encountered dur10 ing a voyage; 

11 ‘‘(ii) is capable of determining the ex12 tent to which a ballast water treatment 

13 method— 

14 ‘‘(I) is environmentally sound, 

15 based on criteria promulgated by the 

16 Administrator under paragraph 

17 (8)(A); and 

18 ‘‘(II) is safe for vessel and crew; 

19 ‘‘(iii) may be used in estimating the 

20 expected useful life of the ballast water 

21 treatment system, as determined on the 

22 basis of voyage patterns and normal use 

23 conditions; 


cprice-sewell on PROD1PC66 with BILLS
30 

•S 2545 IS

1 ‘‘(iv) includes a ship-boarding testing 

2 component (and may include a shore-based 

3 testing component); 

4 ‘‘(v) provides for appropriate moni5 toring, as determined by the Adminis6 trator; 

7 ‘‘(vi) provides for revocation by the 

8 Administrator of approval pending the re9 sults of the monitoring; and 

10 ‘‘(vii) is cost-effective. 

11 ‘‘(D) EXPIRATION OF BALLAST WATER EX12 CHANGE OPTION.—On the date of expiration of 

13 the ballast water exchange option under para14 graph (2), the certification process shall apply 

15 to all methods of ballast water management, 

16 treatment, and system design. 

17 ‘‘(E) REVIEW AND REVISION.—Not less 

18 frequently than every 3 years, the Secretary, in 

19 conjunction with the Administrator, shall review 

20 and, if necessary, revise the certification process 

21 pursuant to subsection (e)(1). 

22 ‘‘(F) APPLICATION FOR APPROVAL.— 

23 ‘‘(i) IN GENERAL.—The Secretary and 

24 the Administrator shall approve an appli25 cation for certification of a ballast water 


cprice-sewell on PROD1PC66 with BILLS
31 

•S 2545 IS

1 treatment system only if the application is 

2 in such form and contains such informa3 tion as the Secretary and Administrator 

4 may require. 

5 ‘‘(ii) APPROVAL AND DISAPPROVAL.— 

6 ‘‘(I) IN GENERAL.—On receipt of 

7 an application under clause (i)— 

8 ‘‘(aa) the Administrator 

9 shall, not later than 90 days 

10 after the date of receipt of the 

11 application— 

12 ‘‘(AA) review the appli13 cation for compliance and 

14 consistency with environ15 mental soundness criteria 

16 promulgated under para17 graph (8)(A); and 

18 ‘‘(BB) approve those 

19 ballast water treatment sys20 tems that meet those cri21 teria; and 

22 ‘‘(bb) the Secretary, in con23 sultation with the Task Force, 

24 shall, not later than 180 days 


cprice-sewell on PROD1PC66 with BILLS
32 

•S 2545 IS

1 after the date of receipt of the 

2 application— 

3 ‘‘(AA) determine 

4 whether the ballast water 

5 treatment system covered by 

6 the application meets the re7 quirements of this sub8 section, as appropriate; 

9 ‘‘(BB) approve or dis10 approve the application; and 

11 ‘‘(CC) provide the ap12 plicant written notice of ap13 proval or disapproval. 

14 ‘‘(II) LIMITATIONS.—An applica15 tion approved under subclause (I) 

16 shall— 

17 ‘‘(aa) be qualified with any 

18 limitations relating to voyage 

19 pattern, duration, or any other 

20 characteristic that may affect the 

21 effectiveness or environmental 

22 soundness of the ballast water 

23 treatment system covered by the 

24 application, as determined by the 


cprice-sewell on PROD1PC66 with BILLS
33 

•S 2545 IS

1 Secretary in consultation with 

2 the Administrator; 

3 ‘‘(bb) be applicable to a spe4 cific vessel or group of vessels, as 

5 determined by the Secretary; 

6 ‘‘(cc) be valid for the least 

7 of— 

8 ‘‘(AA) the expected use9 ful life of the ballast water 

10 treatment system; 

11 ‘‘(BB) 10 years; or 

12 ‘‘(CC) such period of 

13 time for which the Secretary 

14 or Administrator (as appro15 priate) determines that 

16 (based on available informa17 tion, including information 

18 developed pursuant to para19 graph (6)(B)(iii)) there ex20 ists a serious deficiency in 

21 performance or environ22 mental soundness of the sys23 tem relative to anticipated 

24 performance or environ25 mental soundness; and 


cprice-sewell on PROD1PC66 with BILLS
34 

•S 2545 IS

1 ‘‘(dd) be renewed if— 

2 ‘‘(AA) the Secretary de3 termines that the ballast 

4 water treatment system re5 mains in compliance with 

6 applicable standards as of 

7 the date of application for 

8 renewal; or 

9 ‘‘(BB) the remaining 

10 useful life of the vessel is 

11 less than 10 years. 

12 ‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST

13 WATER TREATMENT.— 

14 ‘‘(A) IN GENERAL.—The owner or operator 

15 of a vessel may submit to the Secretary an ap16 plication to test or evaluate a promising ballast 

17 water treatment technology that— 

18 ‘‘(i) has the potential to achieve the 

19 standard set forth under subsection 

20 (b)(3)(A); and 

21 ‘‘(ii) is likely to achieve a minimum 

22 performance that is the same as or more 

23 stringent than the best available perform24 ance that applies to a vessel under sub25 section (b)(3)(B). 


cprice-sewell on PROD1PC66 with BILLS
35 

•S 2545 IS

1 ‘‘(B) APPROVAL.—The Secretary shall ap2 prove an application under subparagraph (A) 

3 if— 

4 ‘‘(i) the Secretary and the Adminis5 trator, in consultation with the Task Force 

6 (including relevant regional panels, and the 

7 Prevention Committee, of the Task Force), 

8 determine that the treatment technologies 

9 meet the requirements in paragraph 

10 (3)(B)(ii); and 

11 ‘‘(ii) the Administrator determines, 

12 based on independent and peer-reviewed 

13 information provided to the Secretary by 

14 the owner or operator of the vessel or 

15 other applicable parties, that the treatment 

16 technologies— 

17 ‘‘(I) comply with environmental 

18 requirements (including regulations); 

19 and 

20 ‘‘(II) have the potential to meet 

21 environmental soundness criteria es22 tablished under paragraph (8)(A)(i). 

23 ‘‘(C) WAIVER.—If the Secretary approves 

24 an application under subparagraph (B), the 

25 Secretary and the Administrator may waive the 


cprice-sewell on PROD1PC66 with BILLS
36 

•S 2545 IS

1 requirements under subsection (a)(4)(A) with 

2 respect to the vessel that is subject to the appli3 cation approved. 

4 ‘‘(D) LIMITATIONS.— 

5 ‘‘(i) PERIOD OF TESTING.—Testing of 

6 the treatment system approved under this 

7 section may cease prior to the termination 

8 of the approval period described in clause 

9 (ii). 

10 ‘‘(ii) PERIOD OF APPROVAL.—Ap11 proval granted under subparagraph (B) 

12 shall be for the least of— 

13 ‘‘(I) the expected useful life of 

14 the ballast water treatment system; 

15 ‘‘(II) a period of 10 years; or 

16 ‘‘(III) a period ending on the 

17 date that the Secretary and Adminis18 trator (as appropriate) determines 

19 that there exists a serious deficiency 

20 in performance or human safety or 

21 environmental soundness of the sys22 tem relative to anticipated perform23 ance or environmental soundness. 

24 ‘‘(iii) INFORMATION.—As a condition 

25 of receiving experimental approval for a 


cprice-sewell on PROD1PC66 with BILLS
37 

•S 2545 IS

1 treatment under subparagraph (B), the 

2 owner or operator of a vessel shall agree to 

3 collect and report such information regard4 ing the operational and biological effective5 ness of the treatment through sampling of 

6 the intake and discharge ballast as the 

7 Secretary may request. 

8 ‘‘(iv) RENEWAL.—An experimental 

9 approval may be renewed in accordance 

10 with paragraph (5)(F)(ii). 

11 ‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS12 TEMS.— 

13 ‘‘(A) IN GENERAL.—The Secretary, the 

14 Secretary of Transportation, and the Adminis15 trator shall assist owners or operators of vessels 

16 that seek to obtain experimental approval for 

17 installation of ballast water treatment systems, 

18 including through providing guidance on— 

19 ‘‘(i) a sampling protocol and test pro20 gram for cost effective treatment evalua21 tion; 

22 ‘‘(ii) sources of sampling equipment 

23 and field biological expertise; and 

24 ‘‘(iii) examples of shipboard evalua25 tion studies. 


cprice-sewell on PROD1PC66 with BILLS
38 

•S 2545 IS

1 ‘‘(B) SELECTION OF TECHNOLOGIES AND

2 PRACTICES.—In selecting technologies and 

3 practices for shipboard demonstration under 

4 section 1104(b), the Secretary of the Interior 

5 and the Secretary of Commerce shall give pri6 ority consideration to technologies and practices 

7 that have received or are in the process of re8 ceiving certification under paragraph (5). 

9 ‘‘(C) ANNUAL SUMMARIES.—The Secretary 

10 shall annually summarize, and make available 

11 to interested parties, all available information 

12 on the performance of technologies proposed for 

13 ballast treatment to facilitate the application 

14 process for experimental approval for ballast 

15 water treatment under paragraph (6). 

16 ‘‘(8) ENVIRONMENTAL SOUNDNESS CRITERIA

17 FOR BALLAST TREATMENTS.— 

18 ‘‘(A) IN GENERAL.—The Administrator 

19 shall include in criteria promulgated under sec20 tion 1202(j)(1)(A) specific criteria— 

21 ‘‘(i) to ensure environmental sound22 ness of ballast treatment systems; and 

23 ‘‘(ii) to grant environmental sound24 ness exceptions under subparagraph (B). 

25 ‘‘(B) EXCEPTIONS.— 


cprice-sewell on PROD1PC66 with BILLS
39 

•S 2545 IS

1 ‘‘(i) IN GENERAL.—In reviewing appli2 cations under paragraph (5)(F)(ii)(I)(aa) 

3 in an emergency situation to achieve reduc4 tions in significant and acute risk of trans5 fers of invasive species by vessels, the Sec6 retary and the Administrator may jointly 

7 determine to make an exception to criteria 

8 described in subparagraph (A)(i). 

9 ‘‘(ii) QUALIFICATION OF APPROV10 ALS.—To be eligible for an exception under 

11 clause (i), an approval under paragraph 

12 (5)(F)(ii)(I)(aa) shall be qualified under 

13 paragraph (5)(F)(ii)(II). 

14 ‘‘(c) GREAT LAKES PROGRAM.— 

15 ‘‘(1) REGULATIONS.—Until such time as regu16 lations are promulgated to implement the amend17 ments made by the National Aquatic Invasive Spe18 cies Act of 2006, regulations promulgated to carry 

19 out this Act shall remain in effect until revised or 

20 replaced pursuant to the National Aquatic Invasive 

21 Species Act of 2006. 

22 ‘‘(2) RELATIONSHIP TO OTHER PROGRAMS.— 

23 On implementation of a national mandatory ballast 

24 management program that is at least as comprehen25 sive as the Great Lakes program (as determined by 


cprice-sewell on PROD1PC66 with BILLS
40 

•S 2545 IS

1 the Secretary, in consultation with the Governors of 

2 Great Lakes States)— 

3 ‘‘(A) the program regulating vessels and 

4 ballast water in Great Lakes under this section 

5 shall terminate; and 

6 ‘‘(B) the national program shall apply to 

7 such vessels and ballast water. 

8 ‘‘(3) REVIEW AND REVISION.— 

9 ‘‘(A) IN GENERAL.—Not later than the 

10 date that is 18 months after the date of enact11 ment of the National Aquatic Invasive Species 

12 Act of 2006, the Secretary shall— 

13 ‘‘(i) review and revise regulations pro14 mulgated under this section to ensure the 

15 regulations provide the maximum prac16 ticable protection of the Great Lakes eco17 system from introduction by vessels (in18 cluding vessels in the unballasted condi19 tion) of aquatic invasive species; and 

20 ‘‘(ii) promulgate the revised regula21 tions. 

22 ‘‘(B) CONTENTS.—The revised regulations 

23 shall include, at a minimum, requirements 

24 under subsections (a) and (b) (as amended by 

25 that Act). 


cprice-sewell on PROD1PC66 with BILLS
41 

•S 2545 IS

1 ‘‘(d) AUTHORITY OF THE SECRETARY.— 

2 ‘‘(1) IN GENERAL.—In carrying out this sec3 tion, the Secretary shall, with the concurrence of the 

4 Administrator, promulgate regulations in accordance 

5 with subsection (b). 

6 ‘‘(2) PROGRAM COMPONENTS.— 

7 ‘‘(A) IN GENERAL.—In carrying out para8 graph (1), the Secretary shall promulgate a 

9 separate set of regulations for— 

10 ‘‘(i) ships that enter the Great Lakes 

11 after operating outside the exclusive eco12 nomic zone; and 

13 ‘‘(ii) ships that enter United States 

14 ports after operating outside the exclusive 

15 economic zone, excluding United States 

16 ports on the Great Lakes. 

17 ‘‘(B) DURATION.—Regulations promul18 gated under subparagraph (A)(i) shall remain 

19 in effect until the Great Lakes program is ter20 minated pursuant to subsection (c). 

21 ‘‘(3) REQUIREMENTS.—The regulations promul22 gated under paragraph (1) shall— 

23 ‘‘(A) protect the safety of— 

24 ‘‘(i) each vessel; and 


cprice-sewell on PROD1PC66 with BILLS
42 

•S 2545 IS

1 ‘‘(ii) the crew and passengers of each 

2 vessel; 

3 ‘‘(B) provide for sampling of ballast intake 

4 and discharge flows through ballast piping to 

5 monitor for compliance with the regulations; 

6 ‘‘(C) take into consideration— 

7 ‘‘(i) vessel types; 

8 ‘‘(ii) variations in the ecological condi9 tions of waters and coastal areas of the 

10 United States; and 

11 ‘‘(iii) different operating conditions; 

12 ‘‘(D) be based on the best scientific infor13 mation available; 

14 ‘‘(E) not affect or supersede any require15 ments or prohibitions pertaining to the dis16 charge of ballast water into waters of the 

17 United States under the Federal Water Pollu18 tion Control Act (33 U.S.C. 1251 et seq.); and 

19 ‘‘(F) include a list of the best performing 

20 treatment technologies that is reviewed and up21 dated under subsection (b)(4)(A). 

22 ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE

23 PROGRAMS.—The Secretary may carry out education 

24 and technical assistance programs and other measVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
43 

•S 2545 IS

1 ures to promote compliance with the regulations pro2 mulgated under this subsection. 

3 ‘‘(e) PERIODIC REVIEW AND REVISION OF REGULA4 TIONS.— 

5 ‘‘(1) IN GENERAL.—Not later than 3 years 

6 after the date of enactment of the National Aquatic 

7 Invasive Species Act of 2006, and not less often 

8 than every 3 years thereafter, the Secretary shall 

9 (with the concurrence of the Administrator, based on 

10 recommendations of the Task Force, and informa11 tion collected and analyzed under this title and in 

12 accordance with criteria developed by the Task 

13 Force under paragraph (3))— 

14 ‘‘(A) assess the compliance by vessels with 

15 regulations promulgated under this section; 

16 ‘‘(B) assess the effectiveness of the regula17 tions referred to in subparagraph (A) in reduc18 ing the introduction and spread of aquatic 

19 invasive species by vessels; and 

20 ‘‘(C) as necessary, on the basis of the best 

21 scientific information available— 

22 ‘‘(i) revise the regulations referred to 

23 in subparagraph (A); and 

24 ‘‘(ii) promulgate additional regula25 tions. 


cprice-sewell on PROD1PC66 with BILLS
44 

•S 2545 IS

1 ‘‘(2) SPECIAL REVIEW AND REVISION.—Not 

2 later than 90 days after the date on which the Task 

3 Force makes a request to the Secretary for a special 

4 review and revision of the Program, the Secretary 

5 shall (with the concurrence of the Administrator)— 

6 ‘‘(A) conduct a special review of regula7 tions in accordance with paragraph (1); and 

8 ‘‘(B) as necessary, in the same manner as 

9 provided under paragraph (1)(C)— 

10 ‘‘(i) revise those guidelines; or 

11 ‘‘(ii) promulgate additional regula12 tions. 

13 ‘‘(3) CRITERIA FOR EFFECTIVENESS.—Not 

14 later than 1 year after the date of enactment of the 

15 National Aquatic Invasive Species Act of 2006, and 

16 every 3 years thereafter, the Task Force shall sub17 mit to the Secretary criteria for determining the 

18 adequacy and effectiveness of all regulations promul19 gated under this section. 

20 ‘‘(f) SANCTIONS.— 

21 ‘‘(1) CIVIL PENALTIES.— 

22 ‘‘(A) IN GENERAL.—Any person that vio23 lates a regulation promulgated under this sec24 tion shall be liable for a civil penalty in an 

25 amount not to exceed $50,000. 


cprice-sewell on PROD1PC66 with BILLS
45 

•S 2545 IS

1 ‘‘(B) SEPARATE VIOLATIONS.—Each day 

2 of a continuing violation constitutes a separate 

3 violation. 

4 ‘‘(C) LIABILITY OF VESSELS.—A vessel op5 erated in violation of a regulation promulgated 

6 under this Act shall be liable in rem for any 

7 civil penalty assessed under this subsection for 

8 that violation. 

9 ‘‘(2) CRIMINAL PENALTIES.—Any person that 

10 knowingly violates the regulations promulgated 

11 under subsection (b) is guilty of a class C felony. 

12 ‘‘(3) REVOCATION OF CLEARANCE.—On request 

13 of the Secretary, the Secretary of the Treasury shall 

14 withhold or revoke the clearance of a vessel required 

15 by section 4197 of the Revised Statutes (46 U.S.C. 

16 App. 91), if the owner or operator of that vessel is 

17 in violation of the regulations promulgated under 

18 subsection (b). 

19 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub20 section does not apply to a failure to exchange bal21 last water if— 

22 ‘‘(A) the master of a vessel, acting in good 

23 faith, decides that the exchange of ballast water 

24 will threaten the safety or stability of the vessel 

25 or the crew or passengers of the vessel; and 


cprice-sewell on PROD1PC66 with BILLS
46 

•S 2545 IS

1 ‘‘(B) the vessel complies with— 

2 ‘‘(i) recordkeeping requirements of 

3 this Act; 

4 ‘‘(ii) contingency requirements of sec5 tion 1211; and 

6 ‘‘(iii) reporting requirements of this 

7 Act. 

8 ‘‘(g) COORDINATION WITH OTHER AGENCIES.—The 

9 Secretary is encouraged to use (with consent) the exper10 tise, facilities, members, or personnel of, appropriate Fed11 eral and State agencies and organizations that have rou12 tine contact with vessels, as determined by the Secretary. 

13 ‘‘(h) CONSULTATION WITH CANADA, MEXICO, AND

14 OTHER FOREIGN GOVERNMENTS.—In developing the 

15 guidelines issued and regulations promulgated under this 

16 section, the Secretary is encouraged to consult with the 

17 Government of Canada, the Government of Mexico, and 

18 any other government of a foreign country that the Sec19 retary, in consultation with the Task Force, determines 

20 to be necessary to develop and implement an effective 

21 international program for preventing the unintentional in22 troduction and spread of nonindigenous species. 

23 ‘‘(i) INTERNATIONAL COOPERATION.—The Sec24 retary, in cooperation with the International Maritime Or25 ganization of the United Nations and the Commission on 


cprice-sewell on PROD1PC66 with BILLS
47 

•S 2545 IS

1 Environmental Cooperation established pursuant to the 

2 North American Free Trade Agreement, is encouraged to 

3 enter into negotiations with the governments of foreign 

4 countries to develop and implement an effective inter5 national program for preventing the unintentional intro6 duction and spread of nonindigenous species. 

7 ‘‘(j) SAFETY EXEMPTION.— 

8 ‘‘(1) MASTER DISCRETION.—The Master of a 

9 vessel is not required to conduct a ballast water ex10 change if the Master determines that the exchange 

11 would threaten the safety or stability of the vessel, 

12 or the crew or passengers of the vessel, because of 

13 adverse weather, vessel architectural design, equip14 ment failure, or any other extraordinary conditions. 

15 ‘‘(2) OTHER REQUIREMENTS.—A vessel that 

16 does not exchange ballast water on the high seas 

17 under paragraph (1) shall not discharge ballast 

18 water in any harbor, except in accordance with a 

19 contingency strategy approved by the Secretary (and 

20 included in the invasive species management plan of 

21 the vessel) to reduce the risk of organism transfer 

22 by the discharge (using the best practicable tech23 nology and practices pursuant to regulations promul24 gated under subsection (b)(1)). 


cprice-sewell on PROD1PC66 with BILLS
48 

•S 2545 IS

1 ‘‘(k) NON-DISCRIMINATION.—The Secretary shall en2 sure that vessels registered outside of the United States 

3 do not receive more favorable treatment than vessels reg4 istered in the United States in any case in which the Sec5 retary performs studies, reviews compliance, determines 

6 effectiveness, establishes requirements, or performs any 

7 other responsibilities under this Act. 

8 ‘‘(l) EFFECT ON OTHER LAW.—Nothing in this sec9 tion or any regulation promulgated under this section su10 persedes or otherwise affects any requirement or prohibi11 tion relating to the discharge of ballast water under the 

12 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

13 seq.).’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 1102(c)(1) of the Nonindigenous 

16 Aquatic Nuisance Prevention and Control Act of 

17 1990 (16 U.S.C. 4712(c)(1)) is amended by striking 

18 ‘‘issued under section 1101(b)’’ and inserting ‘‘pro19 mulgated under section 1101(e)’’. 

20 (2) Section 1102(f)(1)(B) of the Nonindigenous 

21 Aquatic Nuisance Prevention and Control Act of 

22 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by 

23 striking ‘‘guidelines issued pursuant to section 

24 1101(c)’’ and inserting ‘‘regulations promulgated 

25 under section 1101(e)’’. 


cprice-sewell on PROD1PC66 with BILLS
49 

•S 2545 IS

1 SEC. 104. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

2 PROGRAM. 

3 Section 1103 of the Nonindigenous Aquatic Nuisance 

4 Prevention and Control Act of 1990 (16 U.S.C. 4713) is 

5 amended— 

6 (1) by striking the section heading and insert7 ing the following: 

8 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE9 MENT PROGRAM.’’; 

10 and 

11 (2) in subsection (a)— 

12 (A) by striking ‘‘Subject to’’ and inserting 

13 the following: 

14 ‘‘(1) BALLAST WATER.—Subject to’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) TOWED VESSEL MANAGEMENT PRO17 GRAM.— 

18 ‘‘(A) IN GENERAL.—Subject to operational 

19 conditions, the Secretary of Defense, in con20 sultation with the Secretary, the Task Force, 

21 and the International Maritime Organization, 

22 shall implement a towed vessel management 

23 program for Department of Defense vessels to 

24 minimize the risk of introductions of aquatic 

25 invasive species through hull and associated hull 

26 aperture transfers by towed vessels. 


cprice-sewell on PROD1PC66 with BILLS
50 

•S 2545 IS

1 ‘‘(B) CURRENT BALLAST PROGRAM.—Ex2 cept as provided in subparagraph (A), this Act 

3 does not affect the ballast program for Depart4 ment of Defense vessels in effect on the date of 

5 enactment of the National Aquatic Invasive 

6 Species Act of 2006. 

7 ‘‘(3) REPORTS.—Not later than 3 years after 

8 the date of enactment of the National Aquatic 

9 Invasive Species Act of 2006, and every 3 years 

10 thereafter, the Secretary of Defense shall submit to 

11 Congress a report that includes a summary and 

12 analysis of the program carried out under this sec13 tion.’’. 

14 SEC. 105. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

15 Subtitle C of title I of the Nonindigenous Aquatic 

16 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

17 4721 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

20 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH21 WAYS.—Not later than 2 years after the date of enactment 

22 of the National Aquatic Invasive Species Act of 2006, and 

23 every 3 years thereafter, the Task Force, in coordination 

24 with the Invasive Species Council and in consultation with 

25 representatives of States, industry, and other interested 


cprice-sewell on PROD1PC66 with BILLS
51 

•S 2545 IS

1 parties, shall, based on pathway surveys conducted under 

2 this title and other available research relating to the rates 

3 of introductions in waters of the United States— 

4 ‘‘(1) identify those pathways that pose the high5 est risk for introductions of invasive species, both 

6 nationally and on a region-by-region basis; 

7 ‘‘(2) develop recommendations for management 

8 strategies for those high-risk pathways; 

9 ‘‘(3) include in the report to Congress required 

10 under section 1201(f)(2)(B) a description of the 

11 identifications, strategies, and recommendations 

12 based on research collected under this title; and 

13 ‘‘(4) identify invasive species not yet introduced 

14 into waters of the United States that are likely to 

15 be introduced into waters of the United States un16 less preventative measures are taken. 

17 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH18 WAYS.—Not later than 3 years after the date of enactment 

19 of the National Aquatic Invasive Species Act of 2006, the 

20 Task Force or agencies of jurisdiction shall, to the max21 imum extent practicable, implement the strategies de22 scribed in subsection (a)(2), considering appropriate peri23 odic updates to the strategies.’’. 


cprice-sewell on PROD1PC66 with BILLS
52 

•S 2545 IS

1 SEC. 106. SCREENING PROCESS FOR PLANNED IMPORTA2 TIONS OF LIVE AQUATIC ORGANISMS. 

3 Subtitle B of the Nonindigenous Aquatic Nuisance 

4 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA7 TIONS OF LIVE AQUATIC ORGANISMS. 

8 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

9 date of enactment of the National Aquatic Invasive Spe10 cies Act of 2006, no live aquatic organism of a species 

11 not in trade shall be imported into the United States with12 out screening and approval in accordance with subsections 

13 (c) and (d). 

14 ‘‘(b) GUIDELINES.— 

15 ‘‘(1) IN GENERAL.—Not later than 30 months 

16 after the date of enactment of the National Aquatic 

17 Invasive Species Act of 2006, in consultation with 

18 regional panels convened under section 1203, States, 

19 tribes, and other stakeholders, the Invasive Species 

20 Council (in conjunction with the Task Force) shall 

21 promulgate guidelines for screening proposed 

22 planned importations of live aquatic organisms into 

23 the United States that include— 

24 ‘‘(A) guidelines for minimum information 

25 requirements for determinations under sub26 section (c); and 


cprice-sewell on PROD1PC66 with BILLS
53 

•S 2545 IS

1 ‘‘(B) guidelines for a simplified notification 

2 procedure for any additional shipments of orga3 nisms that may occur after completion of an 

4 initial screening process and determination 

5 under subsection (c). 

6 ‘‘(2) PURPOSE.—The purpose of the screening 

7 process shall be to prevent the introduction or estab8 lishment of aquatic invasive species (including patho9 gens and parasites of the species) in waters of the 

10 United States and contiguous waters of Canada and 

11 Mexico. 

12 ‘‘(3) FACTORS.—In developing guidelines under 

13 this subsection and reviewing and revising the guide14 lines under subsection (j), the Invasive Species 

15 Council and the Task Force shall consider— 

16 ‘‘(A) the likelihood of the spread of species 

17 by human or natural means; 

18 ‘‘(B) species that may occur in association 

19 with the species planned for importation includ20 ing pathogens, parasites, and free-living orga21 nisms; 

22 ‘‘(C) regional differences in probability of 

23 invasion and associated impacts; 


cprice-sewell on PROD1PC66 with BILLS
54 

•S 2545 IS

1 ‘‘(D) the difficulty of controlling an estab2 lished population of an aquatic invasive species 

3 in the wild; and 

4 ‘‘(E) the profile established under section 

5 1108(b). 

6 ‘‘(c) CATEGORIES.—The screening process shall— 

7 ‘‘(1) require the identification, to the maximum 

8 extent practicable, to the species level and, at a min9 imum, to the genus level, of live aquatic organisms 

10 proposed for importation; and 

11 ‘‘(2) designate— 

12 ‘‘(A) species with high or moderate prob13 ability of undesirable impacts to areas within 

14 the boundaries of the United States and contig15 uous areas of neighboring countries, to which 

16 the species is likely to be spread by human or 

17 natural means; and 

18 ‘‘(B) species with respect to which there is 

19 insufficient information to determine the risk 

20 category based on guidelines issued pursuant to 

21 subsection (b)(1)(B). 

22 ‘‘(d) EVALUATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of promulgation of guidelines under 

25 subsection (b), in consultation with regional panels 


cprice-sewell on PROD1PC66 with BILLS
55 

•S 2545 IS

1 convened under section 1203, States, tribes, and 

2 other stakeholders, a Federal agency with authority 

3 over an importation into the United States of a live 

4 organism of a species not in trade and proposed for 

5 importation into the United States shall screen the 

6 species in accordance with guidelines promulgated 

7 under subsection (b). 

8 ‘‘(2) DELEGATION AND AUTHORITY.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), if no agency has authority described 

11 in paragraph (1) or an agency delegates the 

12 screening to the Director under subsection (h), 

13 the Director shall screen the organisms in ac14 cordance with subsections (a) and (b). 

15 ‘‘(B) UNITED STATES FISH AND WILDLIFE

16 SERVICE.—The Director may restrict or pro17 hibit the importation of an organism of a spe18 cies not in trade if— 

19 ‘‘(i) no other Federal agency has au20 thority to regulate the importation of the 

21 species in trade; and 

22 ‘‘(ii) the Director determines, based 

23 on an evaluation that is consistent with the 

24 screening requirements promulgated under 

25 subsection (g), that the species in trade 


cprice-sewell on PROD1PC66 with BILLS
56 

•S 2545 IS

1 has a high or moderate probability of an 

2 undesirable impact to an area within the 

3 boundaries of the United States or a con4 tiguous area of a neighboring country, to 

5 which the species may be spread by human 

6 or natural means. 

7 ‘‘(3) MULTIPLE JURISDICTION.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), if more than 1 agency has jurisdic10 tion over the importation of a live organism, the 

11 agencies shall conduct only 1 screening process 

12 in accordance with the memorandum of under13 standing described in subsection (f) (in con14 sultation with National Oceanic and Atmos15 pheric Administrator). 

16 ‘‘(B) CULTURED AQUATIC ORGANISMS.— 

17 The Secretary of Agriculture shall conduct 

18 screening of organisms imported to be cultured. 

19 ‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic20 tion, or the Director shall— 

21 ‘‘(1) restrict or prohibit the importation into 

22 the United States from outside the United States of 

23 any species that is described in subsection (c)(2)(A); 

24 ‘‘(2) prohibit the importation of any species de25 scribed in subsection (c)(2)(B), unless the importaVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
57 

•S 2545 IS

1 tion is for the sole purpose of research that is con2 ducted in accordance with section 1202(f)(2); and 

3 ‘‘(3) make a determination under this sub4 section not later than 180 days after receiving a 

5 complete request for permission to import a live 

6 aquatic species. 

7 ‘‘(f) MEMORANDUM OF UNDERSTANDING.— 

8 ‘‘(1) IN GENERAL.—The Director of the United 

9 States Fish and Wildlife Service shall enter into a 

10 memorandum of understanding with the agencies of 

11 jurisdiction regarding the screening requirements of 

12 this section. 

13 ‘‘(2) CONTENTS.—The memorandum of under14 standing shall contain, at a minimum— 

15 ‘‘(A) a description of the relationship be16 tween and responsibilities of the agencies of ju17 risdiction, including a process designating a 

18 lead agency in cases in which multiple agencies 

19 may have jurisdiction over the screening of an 

20 aquatic species; 

21 ‘‘(B) the process by which the Director will 

22 delegate screening duties to and receive delega23 tion from other agencies of jurisdiction; and 

24 ‘‘(C) the process by which agencies of ju25 risdiction and the Invasive Species Council will 


cprice-sewell on PROD1PC66 with BILLS
58 

•S 2545 IS

1 coordinate and share information required for 

2 the screening of species. 

3 ‘‘(g) SCREENING REQUIREMENTS.—The Director 

4 shall promulgate screening requirements consistent with 

5 the guidelines promulgated under subsection (b) to evalu6 ate any planned live aquatic species importation (including 

7 an importation carried out by a Federal agency) from out8 side the borders of the United States into waters of the 

9 United States that is— 

10 ‘‘(1) not otherwise subject to Federal authority 

11 to permit the importation; or 

12 ‘‘(2) delegated to the Director by another agen13 cy of jurisdiction under subsection (h). 

14 ‘‘(h) DELEGATION TO DIRECTOR.—Any agency with 

15 authority over the planned importation of a live aquatic 

16 organism may delegate to the Director the screening proc17 ess carried out under this section. 

18 ‘‘(i) CATALOG OF SPECIES IN TRADE.—Not later 

19 than 1 year after the date of enactment of the National 

20 Aquatic Invasive Species Act of 2006, the Director of the 

21 United States Geological Survey and the Director of the 

22 Smithsonian Environmental Research Center, in coopera23 tion with agencies with jurisdiction over planned importa24 tions of live organisms, shall— 


cprice-sewell on PROD1PC66 with BILLS
59 

•S 2545 IS

1 ‘‘(1) develop and, as necessary, update a cata2 log of species in trade; and 

3 ‘‘(2) include the list in the information provided 

4 to the public pursuant to section 1102(f). 

5 ‘‘(j) REVIEW AND REVISION.— 

6 ‘‘(1) IN GENERAL.—At least once every 3 years, 

7 the Council, in conjunction with the Task Force, 

8 shall use research on early detection and monitoring 

9 under section 1106, among other information 

10 sources, to review and revise to the screening, guide11 lines, and process carried out under this section. 

12 ‘‘(2) REPORT.—The Invasive Species Council 

13 shall include in its report to Congress required pur14 suant to section 1201(f)(2)(B)— 

15 ‘‘(A) an evaluation of the effectiveness of 

16 the screening processes carried out under this 

17 section; 

18 ‘‘(B) the consistency of the application of 

19 the screening process by agencies; and 

20 ‘‘(C) recommendations for revisions of the 

21 processes. 

22 ‘‘(k) PROHIBITIONS.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided in this section, it shall be unlawful to import 

25 a live aquatic organism of a species not in trade. 


cprice-sewell on PROD1PC66 with BILLS
60 

•S 2545 IS

1 ‘‘(2) PENALTIES.— 

2 ‘‘(A) CIVIL PENALTY.—Any person that 

3 violates paragraph (1) shall be liable for a civil 

4 penalty in an amount not to exceed $50,000. 

5 ‘‘(B) CRIMINAL PENALTIES.—Any person 

6 that knowingly violates paragraph (1) is guilty 

7 of a class C felony. 

8 ‘‘(l) FEES.—The head of any agency that has juris9 diction over a planned importation of a species subject to 

10 screening under this Act may increase the amount of any 

11 appropriate fee that is charged under an authority of law 

12 to offset the cost of any screening process carried out 

13 under this section. 

14 ‘‘(m) INFORMATION.—A Federal agency conducting 

15 a screening process under this section shall make the re16 sults of the process available to the public (including inter17 national organizations). 

18 ‘‘(n) EFFECT ON OTHER LAWS.— 

19 ‘‘(1) IN GENERAL.—Nothing in this section re20 peals, supercedes, or modifies any provision of Fed21 eral or State law relating to the screening process 

22 for aquatic species importation. 

23 ‘‘(2) MORE PROTECTIVE LAWS.—A State, the 

24 District of Columbia, or a territory of the United 

25 States may adopt an aquatic plant or animal imporVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
61 

•S 2545 IS

1 tation law, regulation, or policy that requires a more 

2 protective screening process for aquatic species im3 portation than the regulations and policies of this 

4 section.’’. 

5 SEC. 107. EARLY DETECTION. 

6 Subtitle B of the Nonindigenous Aquatic Nuisance 

7 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

8 seq.) (as amended by section 106) is amended by adding 

9 at the end the following: 

10 ‘‘SEC. 1106. EARLY DETECTION AND MONITORING. 

11 ‘‘(a) IN GENERAL.—Not later than 18 months after 

12 the date of enactment of the National Aquatic Invasive 

13 Species Act of 2006, in conjunction with the Council, the 

14 Task Force shall (based on the standard protocol for early 

15 detection surveys developed under this title), promulgate 

16 a set of sampling protocols, a geographic plan, and budget 

17 to support a national system of ecological surveys to rap18 idly detect recently-established aquatic invasive species in 

19 waters of the United States. 

20 ‘‘(b) CONTENTS.—The protocols, plan, and budget 

21 shall, at a minimum— 

22 ‘‘(1) address a diversity of aquatic ecosystems 

23 of the United States (including inland and coastal 

24 waters); 


cprice-sewell on PROD1PC66 with BILLS
62 

•S 2545 IS

1 ‘‘(2) encourage State, local, port, and tribal 

2 participation in monitoring; 

3 ‘‘(3) balance scientific rigor with practicability, 

4 timeliness, and breadth of sampling activity; 

5 ‘‘(4) considers the pathways and organisms 

6 identified under section 1210; 

7 ‘‘(5) include a capacity to evaluate the impacts 

8 of permitted importations screened by the processes 

9 established under section 1105; and 

10 ‘‘(6) include clear lines of communication with 

11 appropriate Federal, State, and regional rapid re12 sponse authorities. 

13 ‘‘(c) IMPLEMENTATION.—Not later than 3 years after 

14 the date of enactment of the National Aquatic Invasive 

15 Species Act of 2006, the Director of the United States 

16 Geological Survey, the Administrator of the National Oce17 anic and Atmospheric Administration, and the Adminis18 trator (in consultation with the Invasive Species Council 

19 and in coordination with other agencies and organizations) 

20 shall implement a national system of ecological surveys 

21 that is— 

22 ‘‘(1) carried out in cooperation with State, 

23 local, port, tribal authorities, and other non-Federal 

24 entities (such as colleges and universities); and 


cprice-sewell on PROD1PC66 with BILLS
63 

•S 2545 IS

1 ‘‘(2) based on the protocols, plan, and budget 

2 published under subsection (a) and any public com3 ment.’’. 

4 SEC. 108. RAPID RESPONSE. 

5 Subtitle C of title I of the Nonindigenous Aquatic 

6 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

7 4721 et seq.) (as amended by section 105) is amended 

8 by adding at the end the following: 

9 ‘‘SEC. 1211. RAPID RESPONSE. 

10 ‘‘(a) EMERGENCY RAPID RESPONSE FUND.— 

11 ‘‘(1) ESTABLISHMENT.—There is established in 

12 the Treasury of the United States a revolving fund 

13 to assist States in implementing rapid response 

14 measures for aquatic invasive species, to be known 

15 as the ‘Emergency Rapid Response Fund’ (referred 

16 to in this subsection as the ‘Fund’), consisting of— 

17 ‘‘(A) such amounts as are appropriated to 

18 the Fund under section 1301(g)(2)(A); and 

19 ‘‘(B) any interest earned on investment of 

20 amounts in the Fund under paragraph (3). 

21 ‘‘(2) EXPENDITURES FROM FUND.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (C), on request by the Secretary of the 

24 Interior, the Secretary of the Treasury shall 

25 transfer from the Fund to the Secretary of the 


cprice-sewell on PROD1PC66 with BILLS
64 

•S 2545 IS

1 Interior such amounts as the Secretary of the 

2 Interior determines are necessary to provide fi3 nancial assistance to a State or the Federal 

4 rapid response team under subparagraph (B) to 

5 assist in implementing rapid response measures 

6 for aquatic invasive species. 

7 ‘‘(B) STATE ASSISTANCE.— 

8 ‘‘(i) IN GENERAL.—A State may sub9 mit to the Secretary of the Interior an ap10 plication for emergency response assistance 

11 from the Fund. 

12 ‘‘(ii) APPROVAL.—If the Secretary of 

13 the Interior approves an application sub14 mitted under clause (i), the Secretary shall 

15 use amounts provided to the Secretary 

16 under subparagraph (A)— 

17 ‘‘(I) in a case in which a State 

18 has in effect a rapid response contin19 gency strategy that is approved under 

20 subsection (b), to provide emergency 

21 response assistance to the State; and 

22 ‘‘(II) in a case in which the State 

23 does not have a rapid response contin24 gency strategy approved under sub25 section (b) in effect, to provide emerVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
65 

•S 2545 IS

1 gency response assistance to the Fed2 eral rapid response team established 

3 under subsection (f). 

4 ‘‘(iii) ADDITIONAL FUNDS.—If addi5 tional amounts are needed for the conduct 

6 of emergency response activities in the 

7 State, the Secretary of the Interior may 

8 provide additional assistance to the State 

9 or Federal rapid response team under this 

10 paragraph. 

11 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

12 amount not to exceed 10 percent of the 

13 amounts in the Fund shall be available for each 

14 fiscal year to pay the administrative expenses 

15 necessary to carry out this Act. 

16 ‘‘(3) INVESTMENT OF AMOUNTS.— 

17 ‘‘(A) IN GENERAL.—The Secretary of the 

18 Treasury shall invest such portion of the Fund 

19 as is not, in the judgment of the Secretary of 

20 the Treasury, required to meet current with21 drawals. 

22 ‘‘(B) INTEREST-BEARING OBLIGATIONS.— 

23 Investments may be made only in interest-bear24 ing obligations of the United States. 


cprice-sewell on PROD1PC66 with BILLS
66 

•S 2545 IS

1 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

2 the purpose of investments under subparagraph 

3 (A), obligations may be acquired— 

4 ‘‘(i) on original issue at the issue 

5 price; or 

6 ‘‘(ii) by purchase of outstanding obli7 gations at the market price. 

8 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga9 tion acquired by the Fund may be sold by the 

10 Secretary of the Treasury at the market price. 

11 ‘‘(E) CREDITS TO FUND.—The interest on, 

12 and the proceeds from the sale or redemption 

13 of, any obligations held in the Fund shall be 

14 credited to and form a part of the Fund. 

15 ‘‘(4) TRANSFERS OF AMOUNTS.— 

16 ‘‘(A) IN GENERAL.—The amounts required 

17 to be transferred to the Fund under this section 

18 shall be transferred at least monthly from the 

19 general fund of the Treasury to the Fund on 

20 the basis of estimates made by the Secretary of 

21 the Treasury. 

22 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

23 shall be made in amounts subsequently trans24 ferred to the extent prior estimates were in exVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
67 

•S 2545 IS

1 cess of or less than the amounts required to be 

2 transferred. 

3 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT4 EGIES.—The Task Force, in consultation with the 

5 Invasive Species Council, shall approve a rapid response 

6 contingency strategy of a State if the strategy— 

7 ‘‘(1) identifies all key governmental and non8 governmental partners to be involved in carrying out 

9 the strategy; 

10 ‘‘(2) clearly designates the authorities and re11 sponsibilities of each partner, including the authority 

12 of any State or government of an Indian tribe to dis13 tribute emergency funds; 

14 ‘‘(3) specifies criteria for rapid response meas15 ures, including a diagnostic system that— 

16 ‘‘(A) distinguishes cases in which rapid re17 sponse has a likelihood of success and cases in 

18 which rapid response has no likelihood of suc19 cess; 

20 ‘‘(B) distinguishes rapid response meas21 ures from ongoing management and control of 

22 established populations of aquatic invasive spe23 cies; and 


cprice-sewell on PROD1PC66 with BILLS
68 

•S 2545 IS

1 ‘‘(C) distinguishes instances in which the 

2 rate and probability of organism dispersal is 

3 significantly altered by vessel movements; 

4 ‘‘(4) includes an early detection strategy that 

5 supports or complements the early detection and 

6 monitoring system developed under section 1108; 

7 ‘‘(5) provides for a monitoring capability to as8 sess— 

9 ‘‘(A) the extent of infestations; and 

10 ‘‘(B) the effectiveness of rapid response ef11 forts; 

12 ‘‘(6) to the maximum extent practicable, is inte13 grated into the State aquatic invasive species man14 agement plan approved under section 1204; 

15 ‘‘(7) to the maximum extent practicable, in16 cludes rapid response tools that meet environmental 

17 criteria developed under subsection (f)(4); 

18 ‘‘(8) includes a public education and outreach 

19 component directed at— 

20 ‘‘(A) potential pathways for spread of 

21 aquatic invasive species; and 

22 ‘‘(B) persons involved in industries and 

23 recreational activities associated with those 

24 pathways; and 


cprice-sewell on PROD1PC66 with BILLS
69 

•S 2545 IS

1 ‘‘(9) to the extent that the strategy involves 

2 vessels, conforms with guidelines issued by the Sec3 retary under subsection (d)(2). 

4 ‘‘(c) REGIONAL RAPID RESPONSE CONTINGENCY

5 STRATEGIES.—The Task Force, with the concurrence of 

6 the Invasive Species Council and in consultation with the 

7 regional panels of the Task Force established under sec8 tion 1203, shall encourage the development of regional 

9 rapid response contingency strategies that— 

10 ‘‘(1) provide a consistent and coordinated ap11 proach to rapid response; and 

12 ‘‘(2) are approved by— 

13 ‘‘(A) the Secretary; and 

14 ‘‘(B) the Governors and Indian tribes hav15 ing jurisdiction over areas within a region. 

16 ‘‘(d) MODEL RAPID RESPONSE CONTINGENCY

17 STRATEGIES.—Not later than 18 months after the date 

18 of enactment of the National Aquatic Invasive Species Act 

19 of 2006— 

20 ‘‘(1) the Task Force, with the concurrence of 

21 the Invasive Species Council and the regional panels 

22 of the Task Force established under section 1203, 

23 shall develop— 

24 ‘‘(A) a model State rapid response contin25 gency strategy (including rapid assessment caVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
70 

•S 2545 IS

1 pability) for aquatic invasive species that meets, 

2 to the maximum extent practicable, the require3 ments of paragraphs (1) through (9) of sub4 section (b); and 

5 ‘‘(B) a model regional rapid response con6 tingency strategy (including rapid assessment 

7 capability) for aquatic invasive species; and 

8 ‘‘(2) the Secretary, in concurrence with the 

9 Task Force and the regional panels of the Task 

10 Force, shall issue guidelines that describe vessel-re11 lated requirements that may be used in a rapid re12 sponse contingency strategy approved under this sec13 tion. 

14 ‘‘(e) COST SHARING.— 

15 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

16 STRATEGIES.—The Federal share of the cost of ac17 tivities carried out under a State rapid response con18 tingency strategy approved under subsection (b) 

19 shall be not less than 50 percent. 

20 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

21 STRATEGIES.—The Federal share of the cost of ac22 tivities carried out under a regional rapid response 

23 contingency strategy approved under subsection (c) 

24 shall be not less than 75 percent. 


cprice-sewell on PROD1PC66 with BILLS
71 

•S 2545 IS

1 ‘‘(3) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share required under paragraph (1) or 

3 (2) may be in the form of in-kind contributions. 

4 ‘‘(f) FEDERAL RAPID RESPONSE TEAMS.— 

5 ‘‘(1) ESTABLISHMENT OF TEAMS.—Not later 

6 than 1 year after the date of enactment of the Na7 tional Aquatic Invasive Species Act of 2006, the 

8 Invasive Species Council, in coordination with the 

9 Task Force and the heads of appropriate Federal 

10 agencies, shall establish a Federal rapid response 

11 team for each of the 10 Federal regions that com12 prise the Standard Federal Regional Boundary Sys13 tem. 

14 ‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 

15 response team shall, at a minimum— 

16 ‘‘(A) implement rapid eradication or con17 trol responses for newly detected aquatic 

18 invasive species on Federal and tribal land; 

19 ‘‘(B) carry out, or assist in carrying out, 

20 rapid responses for newly detected aquatic 

21 invasive species on non-Federal land at the re22 quest of a State, Indian tribe, or group of 

23 States or Indian tribes; 

24 ‘‘(C) provide training and expertise for 

25 State, tribal, or regional rapid responders; 


cprice-sewell on PROD1PC66 with BILLS
72 

•S 2545 IS

1 ‘‘(D) provide central sources of informa2 tion for rapid responders; 

3 ‘‘(E) maintain a list of researchers and 

4 rapid response volunteers; and 

5 ‘‘(F) in carrying out any rapid response 

6 activity with respect to an aquatic noxious weed 

7 listed under section 412(f) of the Plant Protec8 tion Act (7 U.S.C. 7712(f)), include representa9 tives of the Animal and Plant Health Inspection 

10 Service. 

11 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

12 RAPID RESPONSE WARRANTING FEDERAL ASSIST13 ANCE.—Not later than 1 year after the date of en14 actment of the National Aquatic Invasive Species 

15 Act of 2006, the Task Force, with the concurrence 

16 of the Invasive Species Council, shall develop criteria 

17 to identify cases warranting Federal assistance for 

18 rapid assessment and response under this sub19 section, including indicative criteria relating to, at a 

20 minimum— 

21 ‘‘(A) the extent to which infestations of 

22 aquatic invasive species may be managed suc23 cessfully by rapid response; 


cprice-sewell on PROD1PC66 with BILLS
73 

•S 2545 IS

1 ‘‘(B) the extent to which rapid response ef2 forts may differ from ongoing management and 

3 control; and 

4 ‘‘(C) the extent to which infestations of 

5 nonindigenous aquatic invasive species are con6 sidered to be an acute or chronic threat to— 

7 ‘‘(i) biodiversity of native aquatic or8 ganisms; 

9 ‘‘(ii) habitats of native fish and wild10 life; or 

11 ‘‘(iii) human health. 

12 ‘‘(4) ENVIRONMENTAL CRITERIA.—Not later 

13 than 1 year after the date of enactment of the Na14 tional Aquatic Invasive Species Act of 2006, the Ad15 ministrator, in consultation with the Invasive Spe16 cies Council, the Secretary of Transportation, the 

17 Task Force (including regional panels of the Task 

18 Force established under section 1203), the Director, 

19 and the Director of the National Marine Fisheries 

20 Service, shall develop environmental criteria to mini21 mize nontarget environmental impacts of rapid re22 sponses carried out pursuant to this section.’’. 


cprice-sewell on PROD1PC66 with BILLS
74 

•S 2545 IS

1 SEC. 109. ENVIRONMENTAL SOUNDNESS. 

2 Section 1202 of the Nonindigenous Aquatic Nuisance 

3 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

4 amended— 

5 (1) by redesignating subsections (j) and (k) as 

6 subsections (l) and (m), respectively; and 

7 (2) by inserting after subsection (i) the fol8 lowing: 

9 ‘‘(j) IMPROVEMENT OF TREATMENT METHODS FOR

10 AQUATIC INVASIVE SPECIES.— 

11 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

12 SOUNDNESS OF TREATMENT METHODS.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after the date of enactment of the National 

15 Aquatic Invasive Species Act of 2006, the Ad16 ministrator, in consultation with the Secretary, 

17 the Invasive Species Council, and the Task 

18 Force (including any regional panels of the 

19 Task Force) shall promulgate criteria to evalu20 ate the treatment methods described in sub21 paragraph (B) for the purpose of ensuring that 

22 the treatment methods pose no significant 

23 threat of adverse effect on human health, public 

24 safety, or the environment (including air quality 

25 and the aquatic environment) that is acute, 

26 chronic, cumulative, or collective. 


cprice-sewell on PROD1PC66 with BILLS
75 

•S 2545 IS

1 ‘‘(B) TREATMENT METHODS.—The treat2 ment methods referred to in subparagraph (A) 

3 are all mechanical, physical, chemical, biologi4 cal, and other treatment methods used in bodies 

5 of water of the United States (regardless of 

6 whether the bodies of water are navigable and 

7 regardless of the origin of the waters), to pre8 vent, treat, or respond to the introduction of 

9 aquatic invasive species. 

10 ‘‘(C) CONSULTATION.—In carrying out 

11 subparagraph (A), the Administrator shall con12 sult with— 

13 ‘‘(i) the Secretary of Transportation; 

14 ‘‘(ii) the Task Force (including the re15 gional panels of the Task Force established 

16 under section 1203); 

17 ‘‘(iii) the Director; 

18 ‘‘(iv) the Assistant Secretary; 

19 ‘‘(v) the Director of the National Ma20 rine Fisheries Service; and 

21 ‘‘(vi) relevant State agencies. 

22 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI23 RONMENTALLY SOUND TREATMENT METHODS.—The 

24 Administrator, in consultation with the Invasive Spe25 cies Council, shall publish (not later than 1 year 


cprice-sewell on PROD1PC66 with BILLS
76 

•S 2545 IS

1 after the date of enactment of the National Aquatic 

2 Invasive Species Act of 2006) and update annu3 ally— 

4 ‘‘(A) a list of environmentally sound treat5 ment methods that may apply to a potential 

6 aquatic invasive species response effort; 

7 ‘‘(B) accompanying research that supports 

8 the environmental soundness of each approved 

9 treatment method; and 

10 ‘‘(C) explicit guidelines under which each 

11 treatment method can be used in an environ12 mentally sound manner. 

13 ‘‘(3) REPORTS.—The Invasive Species Council 

14 and Task Force shall include the information de15 scribed in paragraph (2) in the reports submitted 

16 under section 1201(f)(2)(B).’’. 

17 SEC. 110. INFORMATION, EDUCATION, AND OUTREACH. 

18 Section 1202(h) of the Nonindigenous Aquatic Nui19 sance Prevention and Control Act of 1990 (16 U.S.C. 

20 4722(h)) is amended— 

21 (1) by striking ‘‘(h) EDUCATION.—The Task 

22 Force’’ and inserting the following: 

23 ‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.— 

24 ‘‘(1) IN GENERAL.—The Task Force’’; and 

25 (2) by adding at the end the following: 


cprice-sewell on PROD1PC66 with BILLS
77 

•S 2545 IS

1 ‘‘(2) ACTIVITIES.— 

2 ‘‘(A) IN GENERAL.—The programs carried 

3 out under paragraph (1) shall include the ac4 tivities described in this paragraph. 

5 ‘‘(B) PUBLIC OUTREACH.— 

6 ‘‘(i) PUBLIC WARNINGS.—Not later 

7 than 180 days after the date of enactment 

8 of the Great Lakes Collaboration Imple9 mentation Act of 2006, each Federal offi10 cer of an agency that provides Federal 

11 funds to States for building or maintaining 

12 public access points to United States water 

13 bodies shall amend the guidelines of the 

14 agency, in consultation with relevant State 

15 agencies, to encourage the posting of re16 gionally-specific public warnings or other 

17 suitable informational and educational ma18 terials at the access points regarding— 

19 ‘‘(I) the danger of spread of 

20 aquatic invasive species through the 

21 transport of recreational watercraft; 

22 and 

23 ‘‘(II) methods for removing orga24 nisms prior to transporting a 

25 watercraft. 


cprice-sewell on PROD1PC66 with BILLS
78 

•S 2545 IS

1 ‘‘(ii) CLEANING OF WATERCRAFT AT

2 MARINAS.—Not later than 1 year after the 

3 date of enactment of the Great Lakes Col4 laboration Implementation Act of 2006, 

5 the Under Secretary and the Director (in 

6 cooperation with the Task Force and in 

7 consultation with the States, relevant in8 dustry groups, and Indian tribes) shall de9 velop an education, outreach, and training 

10 program directed toward marinas and ma11 rina operators regarding— 

12 ‘‘(I) checking watercraft for live 

13 organisms; 

14 ‘‘(II) removing live organisms 

15 from the watercraft before the 

16 watercraft are commercially or 

17 recreationally trailered; 

18 ‘‘(III) encouraging regular hull 

19 cleaning and maintenance, avoiding 

20 in-water hull cleaning; and 

21 ‘‘(IV) other activities, as identi22 fied by the Secretary. 

23 ‘‘(iii) PROPER DISPOSAL OF NON24 INDIGENOUS LIVE AQUATIC ORGANISMS IN

25 TRADE.—The Task Force shall— 


cprice-sewell on PROD1PC66 with BILLS
79 

•S 2545 IS

1 ‘‘(I) not later than 1 year after 

2 the date of enactment of the Great 

3 Lakes Collaboration Implementation 

4 Act of 2006, develop (in consultation 

5 with industry and other affected par6 ties) guidelines for proper disposal of 

7 live nonindigenous aquatic organisms 

8 in trade; and 

9 ‘‘(II) use the guidelines in appro10 priate public information and out11 reach efforts. 

12 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

13 ‘‘(i) IN GENERAL.—Not later than 1 

14 year after the date of enactment of the 

15 Great Lakes Collaboration Implementation 

16 Act of 2006, the Task Force shall expand 

17 the information and education program di18 rected at recreational boaters in States 

19 from which watercraft are transported 

20 westward across the 100th meridian. 

21 ‘‘(ii) ACTIVITIES.—In carrying out the 

22 program, the task force shall— 

23 ‘‘(I) survey owners of watercraft 

24 transported westward across the 


cprice-sewell on PROD1PC66 with BILLS
80 

•S 2545 IS

1 100th meridian to determine the 

2 States of origin of most such owners; 

3 ‘‘(II) provide information directly 

4 to watercraft owners concerning the 

5 importance of cleaning watercraft car6 rying live organisms before trans7 porting the watercraft; and 

8 ‘‘(III) support education and in9 formation programs of the States of 

10 origin to ensure that the State pro11 grams address westward spread. 

12 ‘‘(D) INFORMATION AND EDUCATION PRO13 GRAM BY NATIONAL PARK SERVICE.—The Sec14 retary of the Interior, acting through the Direc15 tor of the National Park Service, shall develop 

16 a program to provide public outreach and other 

17 educational activities to prevent the spread of 

18 aquatic invasive species by recreational 

19 watercraft in parkland or through events spon20 sored by the National Park Service. 

21 ‘‘(3) OUTREACH TO INDUSTRY.—The Task 

22 Force, in conjunction with the Invasive Species 

23 Council, shall carry out activities to inform and pro24 mote voluntary cooperation and regulatory compli25 ance by members of the national and international 


cprice-sewell on PROD1PC66 with BILLS
81 

•S 2545 IS

1 maritime, horticultural, aquarium, aquaculture, pet 

2 trade, and other appropriate industries with screen3 ing, monitoring, and control of the transportation of 

4 aquatic invasive species. 

5 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA6 TION.—The Task Force, the Invasive Species Coun7 cil, and other relevant agencies, shall maintain infor8 mation on the Internet regarding— 

9 ‘‘(A) the best approaches for the public 

10 and private interests to use in assisting with 

11 national early detection and monitoring of 

12 aquatic invasive species in waters of the United 

13 States; 

14 ‘‘(B) contact locations for joining a na15 tional network of monitoring stations; 

16 ‘‘(C) approved State Management Plans 

17 under section 1204(a) and Rapid Response 

18 Contingency Strategies under subsections (b) 

19 and (c) of section 1211; and 

20 ‘‘(D) the list of potential invaders under 

21 section 1201(a)(4).’’. 

22 SEC. 111. ECOLOGICAL AND PATHWAY RESEARCH. 

23 (a) IN GENERAL.—The administering agencies shall 

24 develop and conduct a marine and fresh-water research 

25 program which shall include ecological and pathway surVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
82 

•S 2545 IS

1 veys and experimentation to detect nonnative aquatic spe2 cies in aquatic ecosystems and to assess rates and patterns 

3 of introductions of nonnative aquatic species in aquatic 

4 ecosystems. The goal of this marine and freshwater re5 search program shall be to support efforts to prevent the 

6 introduction of, detect, and eradicate invasive species 

7 through informing early detection and rapid response ef8 forts, informing relevant policy decisions, and assessing 

9 the effectiveness of implemented policies to prevent the in10 troduction and spread of aquatic invasive species. Surveys 

11 and experiments under this subsection shall be commenced 

12 not later than 18 months after the date of enactment of 

13 this Act. 

14 (b) PROTOCOL DEVELOPMENT.—The administering 

15 agencies shall establish standardized protocols for con16 ducting ecological and pathway surveys of nonnative 

17 aquatic species under subsection (a) that are integrated 

18 and produce comparable data. Protocols shall, as prac19 ticable, be integrated with existing protocols and data col20 lection methods. In developing the protocols under this 

21 subsection, the administering agencies shall draw on the 

22 recommendations gathered at the workshop under sub23 section (g). The protocols shall be peer reviewed, and re24 vised as necessary. Protocols shall be completed within 1 

25 year after the date of enactment of this Act. 


cprice-sewell on PROD1PC66 with BILLS
83 

•S 2545 IS

1 (c) ECOLOGICAL AND PATHWAY SURVEY REQUIRE2 MENTS.—(1) Each ecological survey conducted under sub3 section (a) shall, at a minimum— 

4 (A) document baseline ecological information of 

5 the aquatic ecosystem including, to the extent prac6 ticable, a comprehensive inventory of native species, 

7 nonnative species, and species of unknown origin 

8 present in the ecosystem, as well as the chemical 

9 and physical characteristics of the water and under10 lying substrate; 

11 (B) for nonnative species, gather information to 

12 assist in identifying their life history, environmental 

13 requirements and tolerances, the historic range of 

14 their native ecosystems, and their history of spread15 ing from their native ecosystems; 

16 (C) track the establishment of nonnative species 

17 including information about the estimated abun18 dance of nonnative organisms in order to allow an 

19 analysis of the probable date of introduction of the 

20 species; and 

21 (D) identify the likely pathway of entry of non22 native species. 

23 (2) Each pathway survey conducted under this sec24 tion shall, at a minimum— 


cprice-sewell on PROD1PC66 with BILLS
84 

•S 2545 IS

1 (A) identify what nonnative aquatic species are 

2 being introduced or may be introduced through the 

3 pathways under consideration; 

4 (B) determine the quantities of organisms being 

5 introduced through the pathways under consider6 ation; and 

7 (C) determine the practices that contributed to 

8 or could contribute to the introduction of nonnative 

9 aquatic species through the pathway under consider10 ation. 

11 (d) NUMBER AND LOCATION OF SURVEY SITES.— 

12 The administering agencies shall designate the number 

13 and location of survey sites necessary to carry out marine 

14 and freshwater research required under this section. In 

15 establishing sites under this subsection or subsection (e), 

16 emphasis shall be on the geographic diversity of sites, as 

17 well as the diversity of the human uses and biological char18 acteristics of sites. 

19 (e) COMPETITIVE GRANT PROGRAM.—The National 

20 Oceanic and Atmospheric Administration and the United 

21 States Geological Survey shall jointly administer a pro22 gram to award competitive, peer-reviewed grants to aca23 demic institutions, State agencies, and other appropriate 

24 groups, in order to assist in carrying out subsection (a), 

25 and shall include to the maximum extent practicable diVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
85 

•S 2545 IS

1 verse institutions, including Historically Black Colleges 

2 and Universities and those serving large proportions of 

3 Hispanics, Native Americans, Asian-Pacific Americans, or 

4 other underrepresented populations. 

5 (f) SHIP PATHWAY SURVEYS.—Section 

6 1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance 

7 Prevention and Control Act of 1990 (16 U.S.C. 

8 4712(b)(2)(B)(ii)) is amended to read as follows: 

9 ‘‘(ii) examine other potential modes 

10 for the introduction of nonnative aquatic 

11 species by ship, including hull fouling.’’. 

12 (g) WORKSHOP.—In order to support the develop13 ment of the protocols and design for the surveys under 

14 subsections (b) and (c), and to determine how to obtain 

15 consistent, comparable data across a range of ecosystems, 

16 the administering agencies shall convene at least 1 work17 shop with appropriate researchers and representatives in18 volved in the management of aquatic invasive species from 

19 Federal and State agencies and academic institutions to 

20 gather recommendations. The administering agencies shall 

21 make the results of the workshop widely available to the 

22 public. The workshop shall be held within 180 days after 

23 the date of enactment of this Act. 

24 (h) EXPERIMENTATION.—The administering agen25 cies shall conduct research to identify the relationship beVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
86 

•S 2545 IS

1 tween the introduction and establishment of nonnative 

2 aquatic species, including those legally introduced, and the 

3 circumstances necessary for those species to become 

4 invasive. 

5 (i) NATIONAL PATHWAY AND ECOLOGICAL SURVEYS

6 DATABASE.— 

7 (1) IN GENERAL.—The United States Geologi8 cal Survey shall develop, maintain, and update, in 

9 consultation and cooperation with the Smithsonian 

10 Institution (acting through the Smithsonian Envi11 ronmental Research Center), the National Oceanic 

12 and Atmospheric Administration, and the Task 

13 Force, a central, national database of information 

14 concerning information collected under this section. 

15 (2) REQUIREMENTS.—The database shall— 

16 (A) be widely available to the public; 

17 (B) be updated not less than once a quar18 ter; 

19 (C) be coordinated with existing databases, 

20 both domestic and foreign, collecting similar in21 formation; and 

22 (D) be, to the maximum extent practicable, 

23 formatted such that the data is useful for both 

24 researchers and Federal and State employees 

25 managing relevant invasive species programs. 


cprice-sewell on PROD1PC66 with BILLS
87 

•S 2545 IS

1 SEC. 112. ANALYSIS. 

2 (a) INVASION ANALYSIS.— 

3 (1) IN GENERAL.—Not later than 3 years after 

4 the date of enactment of this Act, and every year 

5 thereafter, the administering agencies shall analyze 

6 data collected under section 5 and other relevant re7 search on the rates and patterns of invasions by 

8 aquatic invasive species in waters of the United 

9 States. The purpose of this analysis shall be to use 

10 the data collected under section 5 and other relevant 

11 research to support efforts to prevent the introduc12 tion of, detect, and eradicate invasive species 

13 through informing early detection and rapid re14 sponse efforts, informing relevant policy decisions, 

15 and assessing the effectiveness of implemented poli16 cies to prevent the introduction and spread of 

17 invasive species. 

18 (2) CONTENTS.—The analysis required under 

19 paragraph (1) shall include with respect to aquatic 

20 invasive species— 

21 (A) an analysis of pathways, including— 

22 (i) identifying, and characterizing as 

23 high, medium, or low risk, pathways re24 gionally and nationally; 

25 (ii) identifying new and expanding 

26 pathways; 


cprice-sewell on PROD1PC66 with BILLS
88 

•S 2545 IS

1 (iii) identifying handling practices 

2 that contribute to the introduction of spe3 cies in pathways; and 

4 (iv) assessing the risk that species le5 gally introduced into the United States 

6 pose for introduction into aquatic eco7 systems; 

8 (B) patterns and rates of invasion and sus9 ceptibility to invasion of various bodies of 

10 water; 

11 (C) how the risk of establishment through 

12 a pathway is related to the identity and number 

13 of organisms transported; 

14 (D) rates of spread and numbers and types 

15 of pathways of spread of new populations of the 

16 aquatic invasive species and an estimation of 

17 the potential spread and distribution of newly 

18 introduced invasive species based on their envi19 ronmental requirements and historical distribu20 tion; 

21 (E) documentation of factors that influ22 ence an ecosystem’s vulnerability to a nonnative 

23 aquatic species becoming invasive; 


cprice-sewell on PROD1PC66 with BILLS
89 

•S 2545 IS

1 (F) a description of the potential for, and 

2 impacts of, pathway management programs on 

3 invasion rates; 

4 (G) recommendations for improvements in 

5 the effectiveness of pathway management; 

6 (H) to the extent practical, a determina7 tion of the level of reduction in live organisms 

8 of various taxonomic groups required to reduce 

9 the risk of establishment to receiving aquatic 

10 ecosystems to an acceptable level; and 

11 (I) an evaluation of the effectiveness of 

12 management actions (including any standard) 

13 at preventing nonnative species introductions 

14 and establishment. 

15 (b) RESEARCH TO ASSESS THE POTENTIAL OF THE

16 ESTABLISHMENT OF INTRODUCED SPECIES.—Within 2 

17 years after the date of enactment of this Act, the admin18 istering agencies shall develop a profile, based on the gen19 eral characteristics of invasive species and vulnerable eco20 systems, in order to predict, to the extent practical, wheth21 er a species planned for importation is likely to invade a 

22 particular aquatic ecosystem if introduced. In developing 

23 the profile, the above agencies shall analyze the research 

24 conducted under section 5, and other research as nec25 essary, to determine general species and ecosystem characVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
90 

•S 2545 IS

1 teristics (taking into account the opportunity for introduc2 tion into any ecosystem) and circumstances that can lead 

3 to establishment. Based on the profile, the Task Force 

4 shall make recommendations to the Invasive Species Coun5 cil as to what planned importations of nonnative aquatic 

6 organisms should be restricted. This profile shall be peer7 reviewed. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated for carrying out this sec10 tion and section 5 of this Act, and section 1102(b)(2) of 

11 the Nonindigenous Aquatic Nuisance Prevention and Con12 trol Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the 

13 fiscal years 2006 through 2010— 

14 (1) $4,000,000 for the Smithsonian Environ15 mental Research Center; 

16 (2) $11,000,000 for the United States Geologi17 cal Survey (including activities through the Coopera18 tive Fish and Wildlife Research Program), of which 

19 $6,500,000 shall be for the grant program under 

20 section 5(e), and of which $500,000 shall be for de21 veloping, maintaining, and updating the database 

22 under section 5(i); and 

23 (3) $10,500,000 for the National Oceanic and 

24 Atmospheric Administration, of which $6,500,000 

25 shall be for the grant program under section 5(e). 


cprice-sewell on PROD1PC66 with BILLS
91 

•S 2545 IS

1 SEC. 113. DISSEMINATION. 

2 (a) IN GENERAL.—The Invasive Species Council, in 

3 coordination with the Task Force and the administering 

4 agencies, shall be responsible for disseminating the infor5 mation collected under this Act to the public, including 

6 Federal, State, and local entities, relevant policymakers, 

7 and private researchers with responsibility over or interest 

8 in aquatic invasive species. 

9 (b) REPORT TO CONGRESS.—Not later than 3 years 

10 after the date of enactment of this Act, the Invasive Spe11 cies Council shall report actions and findings under sec12 tion 6 to the Congress, and shall update this report once 

13 every 3 years thereafter, or more often as necessary. 

14 (c) RESPONSE STRATEGY.—The Invasive Species 

15 Council, in coordination with the Task Force, the admin16 istering agencies, and other appropriate Federal and State 

17 agencies, shall develop and implement a national strategy 

18 for how information collected under this Act will be shared 

19 with Federal, State, and local entities with responsibility 

20 for determining response to the introduction of potentially 

21 invasive aquatic species, to enable those entities to better 

22 and more rapidly respond to such introductions. 

23 (d) PATHWAY PRACTICES.—The Invasive Species 

24 Council, in coordination with the Task Force and the ad25 ministering agencies, shall disseminate information to, 

26 and develop an ongoing educational program for, pathway 


cprice-sewell on PROD1PC66 with BILLS
92 

•S 2545 IS

1 users (including vendors and customers) on how their 

2 practices could be modified to prevent the intentional or 

3 unintentional introduction of nonnative aquatic species 

4 into aquatic ecosystems. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary of the 

7 Interior for each of the fiscal years 2006 through 2010 

8 $500,000 for the Invasive Species Council for carrying out 

9 this section. 

10 SEC. 114. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 

11 AND VERIFICATION. 

12 (a) ENVIRONMENTALLY SOUND TECHNOLOGY DE13 VELOPMENT, DEMONSTRATION, AND VERIFICATION.— 

14 (1) GRANT PROGRAM.—Not later than 1 year 

15 after the date of enactment of this Act, the Environ16 mental Protection Agency, acting through the Office 

17 of Research and Development, in consultation with 

18 the Army Corps of Engineers, the administering 

19 agencies, and the Task Force, shall develop and 

20 begin administering a grant program to fund re21 search, development, demonstration, and verification 

22 of environmentally sound cost-effective technologies 

23 and methods to control and eradicate aquatic 

24 invasive species. 


cprice-sewell on PROD1PC66 with BILLS
93 

•S 2545 IS

1 (2) PURPOSES.—Proposals funded under this 

2 subsection shall— 

3 (A) seek to support Federal, State, or local 

4 officials’ ongoing efforts to control and eradi5 cate aquatic invasive species in an environ6 mentally sound manner; 

7 (B) increase the number of environ8 mentally sound technologies or methods Fed9 eral, State, or local officials may use to control 

10 or eradicate aquatic invasive species; 

11 (C) provide for demonstration or dissemi12 nation of the technology or method to potential 

13 end-users; and 

14 (D) verify that any technology or method 

15 meets any appropriate criteria developed for ef16 fectiveness and environmental soundness by the 

17 Environmental Protection Agency. 

18 (3) PREFERENCE.—The Administrator shall 

19 give preference to proposals that will likely meet any 

20 appropriate criteria developed for environmental 

21 soundness by the Environmental Protection Agency. 

22 (4) MERIT REVIEW.—Grants shall be awarded 

23 under this subsection through a competitive, peer-re24 viewed process. 


cprice-sewell on PROD1PC66 with BILLS
94 

•S 2545 IS

1 (5) REPORT.—Not later than 3 years after the 

2 date of enactment of this Act, the Administrator 

3 shall prepare and submit a report to Congress on 

4 the program conducted under this subsection. The 

5 report shall include findings and recommendations 

6 of the Administrator with regard to technologies and 

7 methods. 

8 (b) SHIP PATHWAY TECHNOLOGY DEMONSTRA9 TION.— 

10 (1) REAUTHORIZATION OF PROGRAM.—Section 

11 1301(e) of the Nonindigenous Aquatic Nuisance 

12 Prevention and Control Act of 1990 (16 U.S.C. 

13 4741(e)) is amended by striking ‘‘$2,500,000’’ and 

14 inserting ‘‘$7,500,000 for each of the fiscal years 

15 2006 through 2010’’. 

16 (2) EXPANSION OF PROGRAM.—Section 1104(b) 

17 of the Nonindigenous Aquatic Nuisance Prevention 

18 and Control Act of 1990 (16 U.S.C. 4714(b)) is 

19 amended— 

20 (A) by redesignating paragraphs (4) and 

21 (5) as paragraphs (5) and (6), respectively; and 

22 (B) by inserting after paragraph (3) the 

23 following new paragraph: 

24 ‘‘(4) ADDITIONAL PURPOSES.—The Secretary 

25 of the Interior and the Secretary of Commerce may 


cprice-sewell on PROD1PC66 with BILLS
95 

•S 2545 IS

1 also demonstrate and verify technologies under this 

2 subsection to monitor and control pathways of orga3 nism transport on ships other than through ballast 

4 water.’’. 

5 (3) CRITERIA AND WORKSHOP.—Section 1104 

6 of the Nonindigenous Aquatic Nuisance Prevention 

7 and Control Act of 1990 (16 U.S.C. 4714) is 

8 amended by adding at the end the following new 

9 subsections: 

10 ‘‘(d) CRITERIA.—When issuing grants under this sec11 tion, the National Oceanic and Atmospheric Administra12 tion shall give preference to those technologies that will 

13 likely meet the criteria laid out in any testing protocol de14 veloped by the Environmental Protection Agency Office of 

15 Research and Development’s Environmental Technology 

16 Verification Program. 

17 ‘‘(e) WORKSHOP.—The National Oceanic and Atmos18 pheric Administration shall hold an annual workshop of 

19 principal investigators funded under this section and re20 searchers conducting research directly related to ship 

21 pathway technology development, for information ex22 change, and shall make the proceedings widely available 

23 to the public.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of the fiscal 


cprice-sewell on PROD1PC66 with BILLS
96 

•S 2545 IS

1 years 2006 through 2010 $2,500,000 for the Environ2 mental Protection Agency to carry out subsection (a). 

3 SEC. 115. RESEARCH TO SUPPORT THE SETTING AND IM4 PLEMENTATION OF SHIP PATHWAY STAND5 ARDS. 

6 (a) RESEARCH PROGRAM.—The Coast Guard and the 

7 Environmental Protection Agency, in coordination with 

8 the National Oceanic and Atmospheric Administration, 

9 the Task Force, and other appropriate Federal agencies 

10 and academic researchers, shall develop a coordinated re11 search program to support the promulgation and imple12 mentation of standards to prevent the introduction and 

13 spread of invasive species by ships that shall include— 

14 (1) characterizing physical, chemical, and bio15 logical harbor conditions relevant to ballast dis16 charge into United States waters to inform the de17 sign and implementation of ship vector control tech18 nologies and practices; 

19 (2) developing testing protocols for determining 

20 the effectiveness of vector monitoring and control 

21 technologies and practices; 

22 (3) researching and demonstrating methods for 

23 mitigating the spread of invasive species by coastal 

24 voyages, including exploring the effectiveness of al25 ternative exchange zones in the near coastal areas 


cprice-sewell on PROD1PC66 with BILLS
97 

•S 2545 IS

1 and other methods proposed to reduce transfers of 

2 organisms; 

3 (4) verifying the practical effectiveness of any 

4 type approval process to ensure that the process pro5 duces repeatable and accurate assessments of treat6 ment effectiveness; and 

7 (5) evaluating the effectiveness and residual 

8 risk and environmental impacts associated with any 

9 standard set with respect to the ship pathway 

10 through experimental research. 

11 (b) WORKING GROUP.—Not later than 2 years after 

12 the issuance by the Coast Guard of any standard relating 

13 to the introduction by ships of invasive species, the Coast 

14 Guard shall convene a working group including the Envi15 ronmental Protection Agency, the administering agencies, 

16 and other appropriate Federal and State agencies and aca17 demic researchers, to evaluate the effectiveness of that 

18 standard and accompanying implementation protocols. 

19 The duties of the working group shall, at a minimum, in20 clude— 

21 (1) reviewing the effectiveness of the standard 

22 in reducing the establishment of invasive species in 

23 aquatic ecosystems, taking into consideration the 

24 data collected under section 5; and 


cprice-sewell on PROD1PC66 with BILLS
98 

•S 2545 IS

1 (2) developing recommendations to the Coast 

2 Guard for the revision of such standard and type ap3 proval process to ensure effectiveness in reducing in4 troductions and accurate shipboard monitoring of 

5 treatment performance that is simple and stream6 lined, which shall be made widely available to the 

7 public. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated for each of the fiscal 

10 years 2006 through 2010 $1,500,000 for the Coast Guard 

11 and $1,500,000 for the Environmental Protection Agency 

12 to carry out subsection (a). 

13 SEC. 116. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

14 (a) IN GENERAL.—The National Science Foundation 

15 shall establish a program to award grants to researchers 

16 at institutions of higher education and museums to carry 

17 out research programs in systematics and taxonomy. 

18 (b) GOALS.—The goals of the program under this 

19 section are to— 

20 (1) encourage scientists to pursue careers in 

21 systematics and taxonomy to ensure a continuing 

22 knowledge base in these disciplines; 

23 (2) ensure that there will be adequate expertise 

24 in systematics and taxonomy to support Federal, 

25 State, and local needs to identify species; 


cprice-sewell on PROD1PC66 with BILLS
99 

•S 2545 IS

1 (3) develop this expertise throughout the United 

2 States with an emphasis on regional diversity; and 

3 (4) draw on existing expertise in systematics 

4 and taxonomy at institutions of higher education 

5 and museums to train the next generation of system6 atists and taxonomists. 

7 (c) CRITERIA.—Grants shall be awarded under this 

8 section on a merit-reviewed competitive basis. Emphasis 

9 shall be placed on funding proposals in a diverse set of 

10 ecosystems and geographic locations, and, when applica11 ble, integrated with the United States Long Term Ecologi12 cal Research Network. Preference shall be given to pro13 posals that will include student participation, and to insti14 tutions and museums that actively train students to be15 come experts in taxonomy and systematics. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the National Science 

18 Foundation for carrying out this section $2,500,000 for 

19 each of the fiscal years 2006 through 2010. 

20 SEC. 117. STATE PROGRAMS. 

21 (a) PLAN.—The administering agencies, in coopera22 tion with the appropriate State agencies, shall develop a 

23 plan to— 


cprice-sewell on PROD1PC66 with BILLS
100 

•S 2545 IS

1 (1) conduct a survey of methods States and 

2 Federal agencies are using to control or eradicate 

3 aquatic invasive species; 

4 (2) facilitate the exchange of information 

5 among States and Federal agencies on methods 

6 States or Federal agencies have found to be effective 

7 at controlling or eradicating aquatic invasive species 

8 and the costs of those methods; and 

9 (3) evaluate the cost-effectiveness of the various 

10 methods States and Federal agencies are using to 

11 control or eradicate aquatic invasive species. 

12 (b) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the administering agencies shall 

14 jointly transmit to the Congress the plan described in sub15 section (a) and the expected costs of carrying out the plan. 

16 SEC. 118. PROGRAM COORDINATION. 

17 (a) MEMBERSHIP OF TASK FORCE.—Section 1201(b) 

18 of the Nonindigenous Aquatic Nuisance Prevention and 

19 Control Act of 1990 (16 U.S.C. 4721) is amended— 

20 (1) in paragraph (6), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (7) as para23 graph (12); and 

24 (3) by inserting after paragraph (6) the fol25 lowing: 


cprice-sewell on PROD1PC66 with BILLS
101 

•S 2545 IS

1 ‘‘(7) the Director of the United States Geologi2 cal Survey; 

3 ‘‘(8) the Director of the Smithsonian Environ4 mental Research Center; 

5 ‘‘(9) the Secretary of State; 

6 ‘‘(10) the Secretary of Transportation; 

7 ‘‘(11) the Secretary of Homeland Security; 

8 and’’. 

9 (b) COORDINATION WITH INVASIVE SPECIES COUN10 CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui11 sance Prevention and Control Act of 1990 (16 U.S.C. 

12 4721(f)) is amended— 

13 (1) by striking ‘‘Each Task Force member’’ and 

14 inserting the following: 

15 ‘‘(1) IN GENERAL.—Each member of the Task 

16 Force’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(2) INVASIVE SPECIES COUNCIL.—The 

19 Invasive Species Council shall— 

20 ‘‘(A) coordinate and cooperate with the 

21 Task Force in carrying out the duties of the 

22 Invasive Species Council relating to aquatic 

23 invasive species; 

24 ‘‘(B) not later than 2 years after the date 

25 of enactment of the National Aquatic Invasive 


cprice-sewell on PROD1PC66 with BILLS
102 

•S 2545 IS

1 Species Act of 2006, and every 3 years there2 after, submit to Congress a report that summa3 rizes the status of the conduct of activities au4 thorized by and required under this Act; and 

5 ‘‘(C) establish any regional panels or task 

6 forces in coordination with the regional panels 

7 of the Task Force convened under section 

8 1203.’’. 

9 (c) COORDINATION WITH OTHER PROGRAMS.—Sec10 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre11 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

12 amended by adding at the end the following: 

13 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 

14 ‘‘(A) IN GENERAL.—The Task Force shall 

15 annually recommend to Federal agencies of ju16 risdiction such additions of aquatic invasive 

17 species as the Task Force determines to be ap18 propriate for inclusion on— 

19 ‘‘(i) any list of species of wildlife cov20 ered by section 42 of title 18, United 

21 States Code (including regulations); or 

22 ‘‘(ii) any list of noxious weeds under 

23 the Plant Protection Act (7 U.S.C. 7701 et 

24 seq.) (including regulations promulgated 

25 under that Act contained in part 360 of 


cprice-sewell on PROD1PC66 with BILLS
103 

•S 2545 IS

1 title 7, Code of Federal Regulations (or 

2 any successor regulations)). 

3 ‘‘(B) PROCESS.—The Task Force may use 

4 the screening process developed pursuant to 

5 section 1105 to identify species pursuant to 

6 subparagraph (A).’’. 

7 (d) REGIONAL COORDINATION.—Section 1203 of the 

8 Nonindigenous Aquatic Nuisance Prevention and Control 

9 Act of 1990 (16 U.S.C. 4723) is amended by adding at 

10 the end the following: 

11 ‘‘(d) ANNUAL INTER-REGIONAL MEETING.—The 

12 Task Force shall annually convene all regional panels es13 tablished pursuant to this Act for the purpose of informa14 tion transfer between and among panels, and between the 

15 panels and the Task Force, regarding aquatic invasive 

16 species management. 

17 ‘‘(e) ORGANIZATIONS.— 

18 ‘‘(1) IN GENERAL.—An interstate organization 

19 that has a Federal charter authorized by law or ex20 ecutive order for purposes of fisheries or natural re21 source management may develop and implement— 

22 ‘‘(A) regional aquatic invasive species man23 agement plans; and 

24 ‘‘(B) rapid response activities that are— 


cprice-sewell on PROD1PC66 with BILLS
104 

•S 2545 IS

1 ‘‘(i) requested by the Governors of the 

2 member States of the organization; and 

3 ‘‘(ii) consistent with any relevant 

4 State aquatic invasive species management 

5 plans. 

6 ‘‘(2) FUNDS.—The interstate organization may 

7 receive funds under this Act to implement activities 

8 under the regional aquatic invasive species manage9 ment plan of the organization.’’. 

10 (e) STATE AQUATIC INVASIVE SPECIES MANAGE11 MENT PLANS.—Section 1204(a) of the Nonindigenous 

12 Aquatic Nuisance Prevention and Control Act of 1990 (16 

13 U.S.C. 4724(a)) is amended— 

14 (1) in paragraph (2)— 

15 (A) in subparagraph (A), by inserting be16 fore the semicolon at the end the following: ‘‘, 

17 including, in accordance with guidelines issued 

18 by the Task Force under paragraph (5)— 

19 ‘‘(i) rapid assessment and response 

20 contingency strategies under section 1211; 

21 ‘‘(ii) early detection strategies under 

22 section 1211(b)(4); 

23 ‘‘(iii) aquatic plant control programs 

24 conducted pursuant to other laws; and 


cprice-sewell on PROD1PC66 with BILLS
105 

•S 2545 IS

1 ‘‘(iv) screening of planned introduc2 tions pursuant to section 1105’’; and 

3 (B) in subparagraph (D), by inserting ‘‘in4 clude’’ after ‘‘(D)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(5) GUIDELINES.— 

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of the National 

9 Aquatic Invasive Species Act of 2006, the Task 

10 Force shall amend the guidelines of the Task 

11 Force for the development of plans under this 

12 subsection, including guidelines for reporting 

13 progress in implementing the plans, to encour14 age consistency in implementation of and re15 porting under those plans. 

16 ‘‘(B) GUIDELINES.—The guidelines pub17 lished under subparagraph (A) shall include, for 

18 the purpose of paragraph (2)(A), guidelines 

19 concerning— 

20 ‘‘(i) rapid response contingency strate21 gies under section 1211; 

22 ‘‘(ii) early detection strategies under 

23 section 1211(b)(4); 

24 ‘‘(iii) aquatic plant control programs 

25 conducted pursuant to other laws; 


cprice-sewell on PROD1PC66 with BILLS
106 

•S 2545 IS

1 ‘‘(iv) screening of planned introduc2 tions pursuant to section 1105; and 

3 ‘‘(v) the review and revision of re4 quirements of this subsection and the re5 approval process under this subsection. 

6 ‘‘(6) RELATIONSHIP TO OTHER PLANS.— 

7 ‘‘(A) IN GENERAL.—A plan approved 

8 under paragraph (4) shall be deemed to meet 

9 any State planning requirement of the program 

10 established under section 104 of the River and 

11 Harbor Act of 1958 (33 U.S.C. 610) for a plan 

12 to control noxious aquatic plant growths. 

13 ‘‘(B) ENFORCEMENT.—Funds provided to 

14 States for implementation of plans pursuant to 

15 section 1204 may be used by States to enforce 

16 requirements relating to aquatic invasive species 

17 under the Plant Protection Act (7 U.S.C. 7701 

18 et seq.) (including regulations promulgated 

19 under that Act contained in part 360 of title 7, 

20 Code of Federal Regulations (or any successor 

21 regulations)). 

22 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

23 approved under this section as of the day imme24 diately before the date of enactment of the National 


cprice-sewell on PROD1PC66 with BILLS
107 

•S 2545 IS

1 Aquatic Invasive Species Act of 2006 shall be eligi2 ble to receive a grant awarded under this section. 

3 ‘‘(8) REVIEW AND REVISION.— 

4 ‘‘(A) IN GENERAL.—Each State shall peri5 odically review and, as necessary, revise the 

6 management plan of the State in accordance 

7 with guidelines of the Task Force. 

8 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

9 plan approved under this section as of the day 

10 immediately before the date of enactment of the 

11 National Aquatic Invasive Species Act of 2006 

12 shall be updated after the date of enactment of 

13 the National Aquatic Invasive Species Act of 

14 2006 to conform to the guidelines published 

15 under paragraph (5). 

16 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

17 addition to the management plans required under 

18 this subsection, the Director shall encourage each 

19 State to develop and implement new, and expand ex20 isting, State management plans to improve State ac21 tions to prevent and control aquatic invasive spe22 cies.’’. 

23 (f) GRANT PROGRAM.—Section 1204(b)(1) of the 

24 Nonindigenous Aquatic Nuisance Prevention and Control 

25 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strikVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
108 

•S 2545 IS

1 ing ‘‘subsection (a) for the implementation of those 

2 plans.’’ and inserting the following: ‘‘subsection (a)— 

3 ‘‘(A) to develop those plans with a total 

4 amount that does not exceed 10 percent of the 

5 amounts made available for grants under this 

6 section for each fiscal year; and 

7 ‘‘(B) to implement those plans.’’. 

8 SEC. 119. INTERNATIONAL COORDINATION. 

9 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

10 Aquatic Nuisance Prevention and Control Act of 1990 (16 

11 U.S.C. 4751 et seq.) is amended— 

12 (1) by striking the subtitle heading and insert13 ing the following: 

14 ‘‘Subtitle E—Administration’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

18 ‘‘(a) IN GENERAL.—The Task Force, the Invasive 

19 Species Council, and the Secretary of State shall, to the 

20 maximum extent practicable, ensure that international ef21 forts to prevent, detect, monitor, assess, and control 

22 aquatic invasive species (including through the Inter23 national Maritime Organization, the International Con24 vention on the Exploration of the Sea, the Global Invasive 

25 Species Program, and other appropriate programs) are coVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
109 

•S 2545 IS

1 ordinated with policies of the United States established by 

2 this Act. 

3 ‘‘(b) COORDINATION WITH NEIGHBORING COUN4 TRIES.— 

5 ‘‘(1) IN GENERAL.—The Task Force, in con6 sultation with the Secretary of State, shall include in 

7 the report required by section 1202(m) a description 

8 of the means by which international agreements and 

9 regulations with countries that share a border with 

10 the United States will be implemented and enforced 

11 by Federal agencies (including a clarification of the 

12 roles and responsibilities of those agencies). 

13 ‘‘(2) NEGOTIATIONS.—As soon as practicable 

14 after the date of enactment of the National Aquatic 

15 Invasive Species Act of 2006, the Secretary of State 

16 may enter into negotiations with— 

17 ‘‘(A) Canada to issue a request that the 

18 International Joint Commission, not later than 

19 18 months after the date of enactment of that 

20 Act, review, research, conduct hearings on, and 

21 submit to the parties represented on the Inter22 national Joint Commission a report that de23 scribes the success of current policies of govern24 ments in the United States and Canada having 

25 jurisdiction over the Great Lakes in anticiVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
110 

•S 2545 IS

1 pating and preventing biological invasions of 

2 the aquatic ecosystem in the Great Lakes, in3 cluding— 

4 ‘‘(i) an analysis of current Federal, 

5 State or Provincial, local, and international 

6 laws, enforcement practices, and agree7 ments; 

8 ‘‘(ii) an analysis of prevention efforts 

9 relating to all likely pathways for biological 

10 invasions of the aquatic ecosystem in the 

11 Great Lakes; and 

12 ‘‘(iii) recommendations of the Inter13 national Joint Commission for means by 

14 which to improve and harmonize the poli15 cies and enforcement practices referred to 

16 in clause (i); and 

17 ‘‘(B) Mexico, to ensure coordination of ef18 forts of the United States with efforts of Mex19 ico to manage invasive species established in the 

20 United States-Mexico border region.’’. 

21 SEC. 120. AUTHORIZATION OF APPROPRIATIONS. 

22 Section 1301 of the Nonindigenous Aquatic Nuisance 

23 Prevention and Control Act of 1990 (16 U.S.C. 4741) is 

24 amended to read as follows: 


cprice-sewell on PROD1PC66 with BILLS
111 

•S 2545 IS

1 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

3 this section, there are authorized to be appropriated such 

4 sums as are necessary to carry out this Act for each of 

5 fiscal years 2007 through 2011. 

6 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

7 PROGRAM.—There are authorized to be appropriated for 

8 each of fiscal years 2007 through 2011— 

9 ‘‘(1) $8,000,000, to carry out activities of the 

10 Task Force under section 1202, of which— 

11 ‘‘(A) $4,000,000 shall be used by the Di12 rector; 

13 ‘‘(B) $3,000,000 shall be used by the Na14 tional Oceanic and Atmospheric Administration; 

15 and 

16 ‘‘(C) $1,000,000 shall be used by the 

17 Invasive Species Council; 

18 ‘‘(2) $30,000,000, to provide grants under sec19 tion 1204(b); 

20 ‘‘(3) $3,000,000, to provide assistance to the 

21 regional panels of the Task Force; and 

22 ‘‘(4) $1,000,000, to be used by the Director to 

23 carry out section 1105(g). 

24 ‘‘(c) INTERNATIONAL COORDINATION.—There is au25 thorized to be appropriated to the Department of State 


cprice-sewell on PROD1PC66 with BILLS
112 

•S 2545 IS

1 to carry out section 1403 $1,000,000 for each of fiscal 

2 years 2007 through 2011. 

3 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

4 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

5 UNITED STATES.—There are authorized to be appro6 priated for each of fiscal years 2007 through 2011— 

7 ‘‘(1) $6,000,000, to be used by the Secretary to 

8 carry out section 1101; 

9 ‘‘(2) $2,500,000, to be used by the Adminis10 trator to carry out section 1101; and 

11 ‘‘(3) $2,750,000, to be used by the Task Force 

12 to carry out section 1101, of which— 

13 ‘‘(A) $1,500,000 shall be used by the Di14 rector; and 

15 ‘‘(B) $1,250,000 shall be used by the Na16 tional Oceanic and Atmospheric Administration. 

17 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON18 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

19 WATERS OF THE UNITED STATES.—There are authorized 

20 to be appropriated for each of fiscal years 2007 through 

21 2011— 

22 ‘‘(1) $5,000,000, to carry out the priority path23 way management program under section 1210, of 

24 which— 


cprice-sewell on PROD1PC66 with BILLS
113 

•S 2545 IS

1 ‘‘(A) $2,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $3,000,000 shall be used by the Di5 rector; 

6 ‘‘(2) $1,000,000, to be used by the Invasive 

7 Species Council to establish screening guidelines 

8 under section 1105(b); and 

9 ‘‘(3) $3,500,000, to be used by the Director to 

10 promulgate and implement screening requirements 

11 under section 1105(g). 

12 ‘‘(f) EARLY DETECTION AND MONITORING.—There 

13 is authorized to be appropriated, to carry out early detec14 tion, monitoring, and survey planning and implementation 

15 under section 1106, $2,000,000 for each of fiscal years 

16 2007 and 2008 and $10,000,000 for each of fiscal years 

17 2009 through 2011, of which— 

18 ‘‘(1) for each of fiscal years 2007 and 2008— 

19 ‘‘(A) $1,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

22 ‘‘(B) $1,000,000 shall be used by the Di23 rector; and 

24 ‘‘(2) for each of fiscal years 2009 through 

25 2011— 


cprice-sewell on PROD1PC66 with BILLS
114 

•S 2545 IS

1 ‘‘(A) $5,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $5,000,000 shall be used by the Di5 rector. 

6 ‘‘(g) CONTAINMENT AND CONTROL.— 

7 ‘‘(1) RAPID RESPONSE.—There are authorized 

8 to be appropriated for each of fiscal years 2007 

9 through 2011— 

10 ‘‘(A) $25,000,000, to the Emergency 

11 Rapid Response Fund established under section 

12 1211(a), to remain available until expended; 

13 ‘‘(B) $1,000,000, to be used by the 

14 Invasive Species Council in developing the State 

15 and regional rapid response contingency strat16 egy under section 1211; and 

17 ‘‘(C) $1,500,000, to be used for Federal 

18 rapid response teams under section 1211(f), of 

19 which— 

20 ‘‘(i) $500,000 shall be used by the 

21 National Oceanic and Atmospheric Admin22 istration; and 

23 ‘‘(ii) $1,000,000 shall be used by the 

24 Director. 


cprice-sewell on PROD1PC66 with BILLS
115 

•S 2545 IS

1 ‘‘(2) ENVIRONMENTAL SOUNDNESS.—There is 

2 authorized to be appropriated for establishment 

3 under section 1202(j) of criteria for the improve4 ment of treatment methods for aquatic invasive spe5 cies $600,000 for each of fiscal years 2007 through 

6 2011. 

7 ‘‘(h) INFORMATION, EDUCATION AND OUTREACH.— 

8 There are authorized to be appropriated for each of fiscal 

9 years 2007 through 2011— 

10 ‘‘(1) $500,000, to be used by the Secretary of 

11 the Interior to carry out the information and edu12 cation program under section 1202(h)(2)(D); 

13 ‘‘(2) $750,000, to be used by the Director in 

14 carrying out the 100th meridian program under sec15 tion 1202(h)(2)(C); 

16 ‘‘(3) $2,000,000, to be used to carry out infor17 mational and educational activities of the Task 

18 Force under section 1202(h), of which— 

19 ‘‘(A) $1,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

22 ‘‘(B) $1,000,000 shall be used by the Di23 rector; and 


cprice-sewell on PROD1PC66 with BILLS
116 

•S 2545 IS

1 ‘‘(4) $500,000, to be used by the National Oce2 anic and Atmospheric Administration to carry out 

3 section 1202(h)(2)(B)(ii).’’. 

4 SEC. 121. CONFORMING AMENDMENTS. 

5 (a) IN GENERAL.—The Nonindigenous Aquatic Nui6 sance Prevention and Control Act of 1990 is amended— 

7 (1) in section 1102 (16 U.S.C. 4712)— 

8 (A) in subsection (a), by striking the sub9 section heading and inserting the following: 

10 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

11 INVASIVE SPECIES BY VESSELS.—’’; and 

12 (B) in subsection (b)— 

13 (i) by striking paragraph (1); and 

14 (ii) by redesignating paragraphs (2) 

15 and (3) as paragraphs (1) and (2), respec16 tively; 

17 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

18 striking the subtitle heading and inserting the fol19 lowing: 

20 ‘‘Subtitle C—Prevention and Con21 trol of Aquatic Invasive Species 

22 Dispersal’’; 

23 (3) in section 1201(a) (16 U.S.C. 4721(a)), by 

24 striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 

25 Species’’; 


cprice-sewell on PROD1PC66 with BILLS
117 

•S 2545 IS

1 (4) in section 1202 (16 U.S.C. 4722), by strik2 ing the section heading and inserting the following: 

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

4 (5) in section 1204 (16 U.S.C. 4724), by strik5 ing the section heading and inserting the following: 

6 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE7 MENT PLANS.’’; 

8 and 

9 (6) by striking ‘‘aquatic nuisance species’’ each 

10 place it appears and inserting ‘‘aquatic invasive spe11 cies’’. 

12 (b) SHORT TITLE.— 

13 (1) Section 1001 of the Nonindigenous Aquatic 

14 Nuisance Prevention and Control Act of 1990 (16 

15 U.S.C. 4701) is amended by striking ‘‘Nonindige16 nous Aquatic Nuisance’’ and inserting ‘‘Nonindige17 nous Aquatic Invasive Species’’. 

18 (2) REFERENCES.—Any reference in a law, 

19 map, regulation, document, paper, or other record of 

20 the United States to the Nonindigenous Aquatic 

21 Nuisance Prevention and Control Act of 1990 shall 

22 be deemed to be a reference to the Nonindigenous 

23 Aquatic Invasive Species Prevention and Control Act 

24 of 1990. 


cprice-sewell on PROD1PC66 with BILLS
118 

•S 2545 IS

1 Subtitle B—Asian Carp Prevention 

2 and Control 

3 SEC. 125. ADDITION OF SPECIES OF CARP TO THE LIST OF 

4 INJURIOUS SPECIES THAT ARE PROHIBITED 

5 FROM BEING IMPORTED OR SHIPPED. 

6 Section 42(a)(1) of title 18, United States Code, is 

7 amended by inserting after ‘‘Dreissena polymorpha;’’ the 

8 following: ‘‘of the black carp of the species 

9 Mylopharyngodon piceus; of the bighead carp of the spe10 cies Hypophthalmichthys nobilis; of the silver carp of the 

11 species Hypophthalmichthys molitrix; of the largescale sil12 ver carp of the species Hypophthalmichthys harmandi;’’. 

13 SEC. 126. DISPERSAL BARRIERS. 

14 Section 1202 of the Nonindigenous Aquatic Nuisance 

15 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

16 amended by section 109) is amended— 

17 (1) in subsection (i)(3)(C), by striking ‘‘, to 

18 carry out this paragraph, $750,000’’ and inserting 

19 ‘‘such sums as are necessary to carry out this para20 graph’’; and 

21 (2) by inserting after subsection (j) the fol22 lowing: 

23 ‘‘(k) NATIONAL DISPERSAL BARRIER PROGRAM.— 

24 ‘‘(1) CHICAGO RIVER SHIP AND SANITARY

25 CANAL DISPERSAL BARRIER PROJECT.— 


cprice-sewell on PROD1PC66 with BILLS
119 

•S 2545 IS

1 ‘‘(A) EXISTING BARRIER.—The Assistant 

2 Secretary shall upgrade and make permanent, 

3 at full Federal expense, the existing Chicago 

4 sanitary and ship canal dispersal barrier in Chi5 cago, Illinois, constructed as a demonstration 

6 project under subsection (i)(3). 

7 ‘‘(B) NEW BARRIER.—Notwithstanding the 

8 project cooperation agreement with the State of 

9 Illinois dated November 21, 2003, the Secretary 

10 shall construct, at full Federal expense, the 

11 Chicago sanitary and ship canal dispersal bar12 rier authorized by section 345 of the District of 

13 Columbia Appropriations Act, 2005 (Public 

14 Law 108–335; 118 Stat. 1352). 

15 ‘‘(C) OPERATION AND MAINTENANCE.— 

16 The Chicago sanitary and ship canal dispersal 

17 barriers described in subparagraphs (A) and 

18 (B) shall be operated and maintained as a sys19 tem by the Corps of Engineers, at full Federal 

20 expense, in such a manner as the Chief Engi21 neer determines optimizes the effectiveness of 

22 the barriers. 

23 ‘‘(D) CREDIT.— 

24 ‘‘(i) IN GENERAL.—The Assistant 

25 Secretary shall provide to each State a 


cprice-sewell on PROD1PC66 with BILLS
120 

•S 2545 IS

1 credit in an amount equal to the amount 

2 of funds contributed by the State toward 

3 the authorized dispersal barriers described 

4 in subparagraphs (A) and (B). 

5 ‘‘(ii) USE OF CREDIT.—A State may 

6 apply a credit received under clause (i) to 

7 any existing or future project of the Corps 

8 of Engineers in that State. 

9 ‘‘(E) FEASIBILITY STUDY OF CHICAGO

10 RIVER SHIP AND SANITARY CANAL.— 

11 ‘‘(i) IN GENERAL.—Not later than 3 

12 years after the date of enactment of the 

13 National Aquatic Invasive Species Act of 

14 2006, the Assistant Secretary, in consulta15 tion with appropriate Federal, State, local, 

16 and non-governmental entities, shall con17 duct a feasibility study of the full range of 

18 options available to prevent the spread of 

19 aquatic invasive species through the Chi20 cago River Ship and Sanitary Canal dis21 persal barrier. 

22 ‘‘(ii) MATTERS TO BE STUDIED.—The 

23 study shall— 

24 ‘‘(I) provide recommendations 

25 concerning additional measures and 


cprice-sewell on PROD1PC66 with BILLS
121 

•S 2545 IS

1 long-term measures necessary to im2 prove the performance of the Chicago 

3 River Ship and Sanitary Canal dis4 persal barrier; and 

5 ‘‘(II) examine methods and meas6 ures necessary to achieve— 

7 ‘‘(aa) 100 percent efficacy of 

8 the barrier with respect to aquat9 ic invasive species of fish; and 

10 ‘‘(bb) maximum efficacy of 

11 the barrier with respect to other 

12 taxa of aquatic invasive species. 

13 ‘‘(2) MONITORING PROGRAM.— 

14 ‘‘(A) ESTABLISHMENT.—Not later than 1 

15 year after the date of enactment of the Na16 tional Aquatic Invasive Species Act of 2006, the 

17 Secretary of the Interior shall establish an 

18 interbasin and intrabasin monitoring program. 

19 ‘‘(B) REQUIRED ELEMENTS.—The moni20 toring program shall— 

21 ‘‘(i) track aquatic invasive species 

22 moving through— 

23 ‘‘(I) the Chicago River Ship and 

24 Sanitary Canal; 

25 ‘‘(II) the Lake Champlain Canal; 


cprice-sewell on PROD1PC66 with BILLS
122 

•S 2545 IS

1 ‘‘(III) other interbasin water2 ways; and 

3 ‘‘(IV) major river systems (such 

4 as the Mississippi River), as rec5 ommended by regional panels con6 vened under section 1203, in which 

7 interbasin transfers of aquatic 

8 invasive species have been shown to 

9 pose a significant threat to fish and 

10 wildlife resources; 

11 ‘‘(ii) assess the efficacy of dispersal 

12 barriers and other measures in preventing 

13 the spread of aquatic invasive species 

14 through the waterways; and 

15 ‘‘(iii) identify waterways suitable for 

16 dispersal barrier demonstration projects, in 

17 addition to the waterways at which dis18 persal barrier demonstration projects were 

19 carried out before the date of enactment of 

20 the National Aquatic Invasive Species Act 

21 of 2006. 

22 ‘‘(C) REPORTS.—The Secretary of the In23 terior shall issue biennial reports describing the 

24 findings of the monitoring program. 


cprice-sewell on PROD1PC66 with BILLS
123 

•S 2545 IS

1 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

2 CORPS PROJECTS.—In developing projects involving 

3 interbasin waterways or other hydrologic alterations 

4 that could create pathways for aquatic invasive spe5 cies, the Assistant Secretary shall develop adequate 

6 prevention and mitigation plans for controlling the 

7 dispersal of the aquatic invasive species. 

8 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis9 trator of the National Oceanic and Atmospheric Ad10 ministration, acting through the Great Lakes Envi11 ronmental Research Laboratory, shall provide tech12 nical assistance to appropriate entities to assist in 

13 the research conducted under this subsection. 

14 ‘‘(5) ADDITIONAL WATERWAYS.—The Assistant 

15 Secretary, with the concurrence of the Adminis16 trator, and other relevant Federal agencies, shall— 

17 ‘‘(A) identify additional waterways suitable 

18 for the construction of new dispersal barriers 

19 (based on the monitoring program established 

20 under paragraph (2)); 

21 ‘‘(B) determine the feasibility of a dis22 persal barrier project at the Lake Champlain 

23 Canal and in the Upper Mississippi River and, 

24 if feasible, establish a plan for a dispersal barVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
124 

•S 2545 IS

1 rier at the Lake Champlain Canal and in the 

2 Upper Mississippi River; and 

3 ‘‘(C) construct, maintain, and operate such 

4 dispersal barriers as necessary. 

5 ‘‘(6) REPORTS.—Not later than 3 years after 

6 the date of enactment of the National Aquatic 

7 Invasive Species Act of 2006, the Assistant Sec8 retary and the Director shall jointly submit to Con9 gress a report that describes— 

10 ‘‘(A) the efficacy of the Chicago River Ship 

11 and Sanitary Canal dispersal barrier project; 

12 and 

13 ‘‘(B) a plan to provide for additional dis14 persal barrier demonstration projects and re15 lated research projects.’’. 

16 Subtitle C—National Invasive 

17 Species Council 

18 SEC. 131. DEFINITIONS. 

19 In this subtitle: 

20 (1) COUNCIL.—The term ‘‘Council’’ means the 

21 National Invasive Species Council established by sec22 tion 133(a). 

23 (2) INVASIVE SPECIES.—The term ‘‘invasive 

24 species’’ means a species— 

25 (A) that is nonnative to an ecosystem; and 


cprice-sewell on PROD1PC66 with BILLS
125 

•S 2545 IS

1 (B) the introduction of which to that eco2 system causes or may cause harm to the envi3 ronment, the economy, or human health. 

4 (3) NATIONAL MANAGEMENT PLAN.—The term 

5 ‘‘National Management Plan’’ means the National 

6 Invasive Species Management Plan developed by the 

7 Council under section 135(a). 

8 (4) SPECIES.—The term ‘‘species’’ means a cat9 egory of taxonomic classification that— 

10 (A) ranks below a genus or subgenus; and 

11 (B) consists of related organisms capable 

12 of interbreeding. 

13 SEC. 132. LIMITATION ON FEDERAL ACTIONS. 

14 (a) IN GENERAL.—No Federal agency may author15 ize, fund, or carry out any action that would likely cause 

16 or promote the introduction or spread of an invasive spe17 cies in the United States or any other location, unless the 

18 head of the Federal agency, at the sole discretion of the 

19 head of the agency and in accordance with guidelines de20 veloped under subsection (b), determines that— 

21 (1) the benefits of the action under consider22 ation clearly outweigh the potential harm to the en23 vironment, the economy, and human health caused 

24 by the introduction or spread of the invasive species; 

25 and 


cprice-sewell on PROD1PC66 with BILLS
126 

•S 2545 IS

1 (2) all feasible and practical measures to mini2 mize risk of harm to the environment, the economy, 

3 and human health will be taken in carrying out the 

4 action. 

5 (b) GUIDELINES.—The Council on Environmental 

6 Quality, in conjunction with the Council, shall develop 

7 guidelines for Federal agencies to use in analyzing actions 

8 under subsection (a). 

9 SEC. 133. NATIONAL INVASIVE SPECIES COUNCIL. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—There is established, as an 

12 independent entity in the executive branch, the Na13 tional Invasive Species Council. 

14 (2) DUTIES.—The Council shall provide leader15 ship and coordination among Federal agencies and 

16 between the Federal Government and State and 

17 local governments, with respect to efforts— 

18 (A) to minimize the environmental, eco19 nomic, and human health effects caused by 

20 invasive species; and 

21 (B) to reduce the threat of further inva22 sions of invasive species. 

23 (b) MEMBERSHIP.— 

24 (1) IN GENERAL.—The Council shall consist 

25 of— 


cprice-sewell on PROD1PC66 with BILLS
127 

•S 2545 IS

1 (A) the Secretary of the Interior; 

2 (B) the Secretary of Agriculture; 

3 (C) the Secretary of Commerce; 

4 (D) the Secretary of State; 

5 (E) the Secretary of the Treasury; 

6 (F) the Secretary of Defense; 

7 (G) the Secretary of Transportation; 

8 (H) the Secretary of Health and Human 

9 Services; 

10 (I) the Administrator; 

11 (J) the Administrator of the United States 

12 Agency for International Development; and 

13 (K) such additional members as are ap14 pointed under paragraph (2). 

15 (2) ADDITIONAL MEMBERS.—With the concur16 rence of a majority of the members of the Council, 

17 the chairperson of the Council may appoint addi18 tional members to the Council from among individ19 uals who are officers or employees of the Federal 

20 Government with significant responsibilities con21 cerning invasive species. 

22 (c) CHAIRPERSON.— 

23 (1) INITIAL CHAIRPERSON.—The Secretary of 

24 the Interior shall serve as chairperson of the Council 


cprice-sewell on PROD1PC66 with BILLS
128 

•S 2545 IS

1 for the 3-year period beginning on the date of enact2 ment of this Act. 

3 (2) SUBSEQUENT CHAIRPERSONS.—After the 

4 initial 3-year period described in paragraph (1), the 

5 chairperson shall rotate every 3 years among the fol6 lowing members, in the following order: 

7 (A) The Secretary of Agriculture. 

8 (B) The Secretary of Commerce. 

9 (C) The Secretary of the Interior. 

10 (d) MEETINGS.—The Council shall meet at the call 

11 of the chairperson, but not less often than semiannually. 

12 (e) EXECUTIVE DIRECTOR.— 

13 (1) APPOINTMENT.—The President shall ap14 point the Executive Director of the Council, by and 

15 with the advice and consent of the Senate. 

16 (2) CONSULTATION.—Before appointing an in17 dividual under paragraph (1), the President shall 

18 consult with— 

19 (A) the Secretary of the Interior; 

20 (B) the Secretary of Agriculture; and 

21 (C) the Secretary of Commerce. 

22 (3) QUALIFICATIONS.—An individual appointed 

23 as Executive Director of the Council shall have— 


cprice-sewell on PROD1PC66 with BILLS
129 

•S 2545 IS

1 (A) legal or scientific experience and train2 ing in the area of natural resources, ecology, or 

3 agriculture; and 

4 (B) experience in dealing with public policy 

5 matters concerning aquatic and terrestrial 

6 invasive species. 

7 (4) TERM.—The Executive Director of the 

8 Council shall serve for a term of 6 years. 

9 (5) COMPENSATION.—The Executive Director 

10 shall be paid at the maximum rate of basic pay pre11 scribed for level GS–15 of the General Schedule. 

12 SEC. 134. DUTIES. 

13 (a) IN GENERAL.—The Council shall ensure that the 

14 efforts of Federal agencies concerning invasive species are 

15 coordinated, effective, complementary, and cost-efficient. 

16 (b) DUTIES.—To carry out subsection (a), the Coun17 cil shall— 

18 (1) coordinate with other organizations address19 ing invasive species (such as the Federal Interagency 

20 Committee for the Management of Noxious and Ex21 otic Weeds, the Aquatic Nuisance Species Task 

22 Force established under section 1201 of the Non23 indigenous Aquatic Nuisance Prevention and Control 

24 Act of 1990 (16 U.S.C. 4721), regional panels es25 tablished under that Act, and the White House OfVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
130 

•S 2545 IS

1 fice of Science and Technology Policy) to implement 

2 the National Management Plan; 

3 (2) develop recommendations for international 

4 cooperation between the Federal Government, State 

5 governments, and foreign countries on tools, policies, 

6 and methods to prevent the introduction and export 

7 of invasive species into and from, respectively, the 

8 United States; 

9 (3) develop guidelines for Federal agency ef10 forts to ensure that Federal programs concerning 

11 invasive species, including outreach programs, are 

12 coordinated with State, local, and tribal govern13 ments; 

14 (4) develop, in consultation with the Council on 

15 Environmental Quality and in accordance with the 

16 National Environmental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.), guidance for Federal agencies 

18 on prevention, control, and eradication of invasive 

19 species; 

20 (5) establish and maintain a publicly accessible, 

21 coordinated, up-to-date information sharing system 

22 on invasive species that— 

23 (A) allows the access to and exchange of 

24 information among Federal agencies and the 

25 public; and 


cprice-sewell on PROD1PC66 with BILLS
131 

•S 2545 IS

1 (B) uses the Internet to the maximum ex2 tent practicable; 

3 (6) ensure that Federal agencies implement the 

4 plans, programs, and policies adopted by the Council 

5 in the National Management Plan through appro6 priate actions, including working in cooperation with 

7 Federal agencies on development of budgets for the 

8 annual submission by the President to Congress of 

9 the budget of the Federal Government under section 

10 1105 of title 31, United States Code; 

11 (7)(A) evaluate Federal programs that are like12 ly to cause or promote the introduction or spread of 

13 invasive species in the United States; and 

14 (B) recommend actions Federal agencies can 

15 take to minimize the risk of introductions or further 

16 spread of invasive species; and 

17 (8) develop and submit to the appropriate com18 mittees of Congress and the Director of the Office 

19 of Management and Budget an annual list of prior20 ities, ranked in high, medium, and low categories, of 

21 Federal efforts and programs in prevention, eradi22 cation, control, and monitoring of, and research and 

23 outreach concerning, invasive species. 


cprice-sewell on PROD1PC66 with BILLS
132 

•S 2545 IS

1 SEC. 135. NATIONAL INVASIVE SPECIES MANAGEMENT 

2 PLAN. 

3 (a) DEVELOPMENT.— 

4 (1) IN GENERAL.—The Council shall develop a 

5 National Invasive Species Management Plan that de6 tails and recommends performance-oriented goals 

7 and specific measures of success for carrying out ac8 tivities by Federal agencies relating to invasive spe9 cies. 

10 (2) DEVELOPMENT PROCESS.—The National 

11 Management Plan shall be developed through a pub12 lic process and in consultation with Federal agen13 cies, appropriate State and local entities, and other 

14 appropriate stakeholders. 

15 (3) CONTENTS.—The National Management 

16 Plan shall include recommendations of effective, 

17 cost-efficient, environmentally sound, and science18 based approaches for— 

19 (A) preventing the introduction of invasive 

20 species, including approaches for identifying 

21 pathways by which invasive species are intro22 duced and for minimizing the risk of introduc23 tions via those pathways, which recommended 

24 approaches shall provide for— 


cprice-sewell on PROD1PC66 with BILLS
133 

•S 2545 IS

1 (i) a process to evaluate risks associ2 ated with the introduction and spread of 

3 invasive species; and 

4 (ii) a coordinated and systematic risk5 based process to identify, monitor, and 

6 interdict pathways that may be involved in 

7 the introduction of invasive species; 

8 (B) cooperating with other countries to in9 crease their capacity— 

10 (i) to control invasive species; and 

11 (ii) to prevent the spread of invasive 

12 species across international borders; 

13 (C) rapidly detecting and responding to in14 cipient invasions of invasive species; 

15 (D) managing new and established popu16 lations of invasive species by— 

17 (i) eradicating the invasive species; or 

18 (ii) controlling the spread of the 

19 invasive species; 

20 (E) accurately and reliably monitoring new 

21 and established populations of invasive species; 

22 (F) restoring native species and habitat 

23 conditions in ecosystems that have been invaded 

24 by invasive species; 


cprice-sewell on PROD1PC66 with BILLS
134 

•S 2545 IS

1 (G) conducting research on the matters re2 ferred to in subparagraphs (A) through (F); 

3 (H) evaluating and documenting the ef4 fects of invasive species on the environment, the 

5 economy, and human health; 

6 (I) developing technologies to prevent the 

7 introduction and provide for the management of 

8 invasive species; and 

9 (J) promoting public education on invasive 

10 species and the means to address invasive spe11 cies. 

12 (4) IDENTIFICATION OF NEEDED RE13 SOURCES.—The National Management Plan shall 

14 identify the personnel, other resources, and addi15 tional levels of coordination needed to achieve the 

16 goals included in the National Management Plan. 

17 (b) EXISTING PLAN.—The National Invasive Species 

18 Management Plan of the Invasive Species Council adopted 

19 in 2001 shall be treated as the National Management Plan 

20 required under subsection (a) until the date of issuance 

21 of the National Management Plan under subsection (c)(1). 

22 (c) ISSUANCE AND UPDATING OF NATIONAL MAN23 AGEMENT PLAN.—The Council shall— 

24 (1) not later than December 31, 2006, issue the 

25 National Management Plan; 


cprice-sewell on PROD1PC66 with BILLS
135 

•S 2545 IS

1 (2) not later than December 31, 2008, and bi2 ennially thereafter, update the National Manage3 ment Plan; and 

4 (3) concurrently with the process of updating 

5 the National Management Plan, evaluate and report 

6 to Congress on success in achieving the goals in7 cluded in the National Management Plan. 

8 (d) AGENCY REPORTS.—Not later than 18 months 

9 after the date of issuance of any update of the National 

10 Management Plan that recommends action by a Federal 

11 agency, the head of the Federal agency shall submit to 

12 Congress a report that— 

13 (1) describes each of the recommended actions 

14 that the agency has not taken; and 

15 (2) provides an explanation of why the action is 

16 not feasible. 

17 SEC. 136. INVASIVE SPECIES ADVISORY COMMITTEE. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—The Council shall maintain 

20 an advisory committee, to be known as the ‘‘Invasive 

21 Species Advisory Committee’’, to provide information 

22 and advice for consideration by the Council. 

23 (2) ORGANIZATION, FUNCTIONS, AND AUTHORI24 TIES.—Except as otherwise provided in this section, 

25 the advisory committee shall be organized, perform 


cprice-sewell on PROD1PC66 with BILLS
136 

•S 2545 IS

1 the functions, and have the authorities specified in 

2 the charter for the advisory committee signed by the 

3 Secretary of the Interior on October 30, 2001. 

4 (b) APPOINTMENT.—Members of the advisory com5 mittee shall be appointed by the chairperson of the Coun6 cil, after consultation with the other members of the Coun7 cil, from among individuals representing stakeholders with 

8 respect to Federal programs for minimizing the environ9 mental, economic, and human health impacts caused by 

10 invasive species. 

11 (c) FUNCTIONS.—In addition to the functions speci12 fied in the charter referred to in subsection (a), the advi13 sory committee shall recommend to the Council plans and 

14 actions at the regional, State, local, tribal, and ecosystem15 based levels to achieve the goals of the National Manage16 ment Plan. 

17 (d) CONTINUING OPERATION OF EXISTING COM18 MITTEE.—Any advisory committee appointed before the 

19 date of enactment of this Act in accordance with the char20 ter referred to in subsection (a)(2) may continue in effect 

21 under this section. 

22 SEC. 137. BUDGET ANALYSIS AND SUMMARY. 

23 Not later than March 31, 2006, and March 31 of 

24 each year thereafter, the Director of the Office of Manage25 ment and Budget shall prepare, and submit to Congress 


cprice-sewell on PROD1PC66 with BILLS
137 

•S 2545 IS

1 and the Council, a budget analysis and summary of all 

2 Federal programs relating to invasive species. 

3 SEC. 138. EXISTING EXECUTIVE ORDER. 

4 Executive Order No. 13112, dated February 3, 1999 

5 (42 U.S.C. 4321 note; relating to invasive species), shall 

6 be of no effect. 

7 SEC. 139. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this subtitle $2,000,000 for each of fiscal years 2007 

10 through 2009. 

11 TITLE II—HABITAT AND SPECIES 

12 SEC. 201. SHORT TITLE. 

13 This title may be cited as the ‘‘Great Lakes Fish and 

14 Wildlife Restoration Act of 2006’’. 

15 SEC. 202. FINDINGS. 

16 Congress finds that— 

17 (1) the Great Lakes have fish and wildlife com18 munities that are structurally and functionally 

19 changing; 

20 (2) successful fish and wildlife management fo21 cuses on the lakes as ecosystems, and effective man22 agement requires the coordination and integration of 

23 efforts of many partners; 

24 (3) it is in the national interest to undertake 

25 activities in the Great Lakes Basin that support susVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
138 

•S 2545 IS

1 tainable fish and wildlife resources of common con2 cern provided under the recommendations of the 

3 Great Lakes Regional Collaboration authorized 

4 under Executive Order 13340 (69 Fed. Reg. 29043; 

5 relating to the Great Lakes Interagency Task 

6 Force); 

7 (4) additional actions and better coordination 

8 are needed to protect and effectively manage the fish 

9 and wildlife resources, and the habitats upon which 

10 the resources depend, in the Great Lakes Basin; 

11 (5) as of the date of enactment of this Act, ac12 tions are not funded that are considered essential to 

13 meet the goals and objectives in managing the fish 

14 and wildlife resources, and the habitats upon which 

15 the resources depend, in the Great Lakes Basin; and 

16 (6) the Great Lakes Fish and Wildlife Restora17 tion Act (16 U.S.C. 941 et seq.) allows Federal 

18 agencies, States, and tribes to work in an effective 

19 partnership by providing the funding for restoration 

20 work. 

21 SEC. 203. DEFINITIONS. 

22 Section 1004 of the Great Lakes Fish and Wildlife 

23 Restoration Act of 1990 (16 U.S.C. 941b) is amended— 

24 (1) by striking paragraphs (1), (4), and (12); 


cprice-sewell on PROD1PC66 with BILLS
139 

•S 2545 IS

1 (2) by redesignating paragraphs (2), (3), (5), 

2 (6), (7), (8), (9), (10), (11), (13), and (14) as para3 graphs (1), (2), (3), (4), (5), (6), (7), (9), (10), 

4 (11), and (12), respectively; 

5 (3) in paragraph (4) (as redesignated by para6 graph (2)), by inserting before the semicolon at the 

7 end the following: ‘‘, and that has Great Lakes fish 

8 and wildlife management authority in the Great 

9 Lakes Basin’’; and 

10 (4) by inserting after paragraph (7) (as redesig11 nated by paragraph (2)) the following: 

12 ‘‘(8) the term ‘regional project’ means author13 ized activities of the United States Fish and Wildlife 

14 Service related to fish and wildlife resource protec15 tion, restoration, maintenance, and enhancement 

16 that benefit the Great Lakes basin;’’. 

17 SEC. 204. IDENTIFICATION, REVIEW, AND IMPLEMENTA18 TION OF PROPOSALS. 

19 Section 1005 of the Great Lakes Fish and Wildlife 

20 Restoration Act of 1990 (16 U.S.C. 941c) is amended to 

21 read as follows: 


cprice-sewell on PROD1PC66 with BILLS
140 

•S 2545 IS

1 ‘‘SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTA2 TION OF PROPOSALS AND REGIONAL 

3 PROJECTS. 

4 ‘‘(a) IN GENERAL.—Subject to subsection (b)(2), the 

5 Director— 

6 ‘‘(1) shall encourage the development and, sub7 ject to the availability of appropriations, the imple8 mentation of fish and wildlife restoration proposals 

9 and regional projects; and 

10 ‘‘(2) in cooperation with the State Directors 

11 and Indian Tribes, shall identify, develop, and, sub12 ject to the availability of appropriations, implement 

13 regional projects in the Great Lakes Basin to be ad14 ministered by Director in accordance with this sec15 tion. 

16 ‘‘(b) IDENTIFICATION OF PROPOSALS AND REGIONAL

17 PROJECTS.— 

18 ‘‘(1) REQUEST BY THE DIRECTOR.—The Direc19 tor shall annually request that State Directors and 

20 Indian Tribes, in cooperation or partnership with 

21 other interested entities and in accordance with sub22 section (a), submit proposals or regional projects for 

23 the restoration of fish and wildlife resources. 

24 ‘‘(2) REQUIREMENTS FOR PROPOSALS AND RE25 GIONAL PROJECTS.—A proposal or regional project 

26 under paragraph (1) shall be— 


cprice-sewell on PROD1PC66 with BILLS
141 

•S 2545 IS

1 ‘‘(A) submitted in the manner and form 

2 prescribed by the Director; and 

3 ‘‘(B) consistent with— 

4 ‘‘(i) the goals of the Great Lakes 

5 Water Quality Agreement, as amended; 

6 ‘‘(ii) the 1954 Great Lakes Fisheries 

7 Convention; 

8 ‘‘(iii) the 1980 Joint Strategic Plan 

9 for Management of Great Lakes Fisheries, 

10 as revised in 1997, and Fish Community 

11 Objectives for each Great Lake and con12 necting water as established under the 

13 Joint Strategic Plan; 

14 ‘‘(iv) the Nonindigenous Aquatic Nui15 sance Prevention and Control Act of 1990 

16 (16 U.S.C. 4701 et seq.); 

17 ‘‘(v) the North American Waterfowl 

18 Management Plan and joint ventures es19 tablished under the plan; and 

20 ‘‘(vi) the strategies outlined through 

21 the Great Lakes Regional Collaboration 

22 authorized under Executive Order 13340 

23 (69 Fed. Reg. 29043; relating to the Great 

24 Lakes Interagency Task Force). 


cprice-sewell on PROD1PC66 with BILLS
142 

•S 2545 IS

1 ‘‘(3) SEA LAMPREY AUTHORITY.—The Great 

2 Lakes Fishery Commission shall retain authority 

3 and responsibility to formulate and implement a 

4 comprehensive program to eradicate or minimize sea 

5 lamprey populations in the Great Lakes Basin. 

6 ‘‘(c) REVIEW OF PROPOSALS.— 

7 ‘‘(1) ESTABLISHMENT OF COMMITTEE.—There 

8 is established the Great Lakes Fish and Wildlife 

9 Restoration Proposal Review Committee, which shall 

10 operate under the guidance of the United States 

11 Fish and Wildlife Service. 

12 ‘‘(2) MEMBERSHIP AND APPOINTMENT.— 

13 ‘‘(A) IN GENERAL.—The Committee shall 

14 consist of 2 representatives of each of the State 

15 Directors and Indian Tribes, of whom— 

16 ‘‘(i) 1 representative shall be the indi17 vidual appointed by the State Director or 

18 Indian Tribe to the Council of Lake Com19 mittees of the Great Lakes Fishery Com20 mission; and 

21 ‘‘(ii) 1 representative shall have exper22 tise in wildlife management. 

23 ‘‘(B) APPOINTMENTS.—Each representa24 tive shall serve at the pleasure of the appointing 

25 State Director or Tribal Chair. 


cprice-sewell on PROD1PC66 with BILLS
143 

•S 2545 IS

1 ‘‘(C) OBSERVER.—The Great Lakes Coor2 dinator of the United States Fish and Wildlife 

3 Service shall participate as an observer of the 

4 Committee. 

5 ‘‘(D) RECUSAL.—A member of the Com6 mittee shall recuse himself or herself from con7 sideration of proposals that the member, or the 

8 entity that the member represents, has sub9 mitted. 

10 ‘‘(3) FUNCTIONS.—The Committee shall— 

11 ‘‘(A) meet at least annually; 

12 ‘‘(B) review proposals and special projects 

13 developed in accordance with subsection (b) to 

14 assess the effectiveness and appropriateness of 

15 the proposals and special projects in fulfilling 

16 the purposes of this title; and 

17 ‘‘(C) recommend to the Director any of 

18 those proposals and special projects that should 

19 be funded and implemented under this section. 

20 ‘‘(d) IMPLEMENTATION OF PROPOSALS AND RE21 GIONAL PROJECTS.— 

22 ‘‘(1) IN GENERAL.—After considering rec23 ommendations of the Committee and the goals speci24 fied in section 1006, the Director shall— 


cprice-sewell on PROD1PC66 with BILLS
144 

•S 2545 IS

1 ‘‘(A) select proposals and regional projects 

2 to be implemented; and 

3 ‘‘(B) subject to the availability of appro4 priations and subsection (e), fund implementa5 tion of the proposals and regional projects. 

6 ‘‘(2) SELECTION CRITERIA.—In selecting and 

7 funding proposals and regional projects, the Director 

8 shall take into account the effectiveness and appro9 priateness of the proposals and regional projects in 

10 fulfilling the purposes of other laws applicable to 

11 restoration of the fish and wildlife resources and 

12 habitat of the Great Lakes Basin. 

13 ‘‘(e) COST SHARING.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graphs (2) and (4), not less than 25 percent of the 

16 cost of implementing a proposal selected under sub17 section (d) (excluding the cost of establishing sea 

18 lamprey barriers) shall be paid in cash or in-kind 

19 contributions by non-Federal sources. 

20 ‘‘(2) REGIONAL PROJECTS.—Regional projects 

21 selected under subsection (d) shall be exempt from 

22 cost sharing if the Director determines that the au23 thorization for the project does not require a non24 Federal cost-share. 


cprice-sewell on PROD1PC66 with BILLS
145 

•S 2545 IS

1 ‘‘(3) EXCLUSION OF FEDERAL FUNDS FROM

2 NON-FEDERAL SHARE.—The Director may not con3 sider the expenditure, directly or indirectly, of Fed4 eral funds received by any entity to be a contribution 

5 by a non-Federal source for purposes of this sub6 section. 

7 ‘‘(4) EFFECT ON CERTAIN INDIAN TRIBES.— 

8 Nothing in this subsection affects an Indian tribe af9 fected by an alternative applicable cost sharing re10 quirement under the Indian Self-Determination and 

11 Education Assistance Act (25 U.S.C. 450 et seq.).’’. 

12 SEC. 205. GOALS OF UNITED STATES FISH AND WILDLIFE 

13 SERVICE PROGRAMS RELATED TO GREAT 

14 LAKES FISH AND WILDLIFE RESOURCES. 

15 Section 1006 of the Great Lakes Fish and Wildlife 

16 Restoration Act of 1990 (16 U.S.C. 941d) is amended by 

17 striking paragraph (1) and inserting the following: 

18 ‘‘(1) Restoring and maintaining self-sustaining 

19 fish and wildlife resources.’’. 

20 SEC. 206. ESTABLISHMENT OF OFFICES. 

21 Section 1007 of the Great Lakes Fish and Wildlife 

22 Restoration Act of 1990 (16 U.S.C. 941e) is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 

25 ‘‘(a) GREAT LAKES COORDINATION OFFICE.— 


cprice-sewell on PROD1PC66 with BILLS
146 

•S 2545 IS

1 ‘‘(1) IN GENERAL.—The Director shall establish 

2 a centrally located facility for the coordination of all 

3 United States Fish and Wildlife Service activities in 

4 the Great Lakes Basin, to be known as the ‘Great 

5 Lakes Coordination Office’. 

6 ‘‘(2) FUNCTIONAL RESPONSIBILITIES.—The 

7 functional responsibilities of the Great Lakes Co8 ordination Office shall include— 

9 ‘‘(A) intra- and interagency coordination; 

10 ‘‘(B) information distribution; and 

11 ‘‘(C) public outreach. 

12 ‘‘(3) REQUIREMENTS.—The Great Lakes Co13 ordination Office shall— 

14 ‘‘(A) ensure that information acquired 

15 under this Act is made available to the public; 

16 and 

17 ‘‘(B) report to the Director of Region 3, 

18 Great Lakes Big Rivers.’’; 

19 (2) in subsection (b)— 

20 (A) in the first sentence, by striking ‘‘The 

21 Director’’ and inserting the following: 

22 ‘‘(1) IN GENERAL.—The Director’’;. 

23 (B) in the second sentence, by striking 

24 ‘‘The office’’ and inserting the following: 

25 ‘‘(2) NAME AND LOCATION.—The office’’; and 


cprice-sewell on PROD1PC66 with BILLS
147 

•S 2545 IS

1 (C) by adding at the end the following: 

2 ‘‘(3) RESPONSIBILITIES.—The responsibilities 

3 of the Lower Great Lakes Fishery Resources Office 

4 shall include operational activities of the United 

5 States Fish and Wildlife Service related to fishery 

6 resource protection, restoration, maintenance, and 

7 enhancement in the Lower Great Lakes.’’; and 

8 (3) in subsection (c)— 

9 (A) in the first sentence, by striking ‘‘The 

10 Director’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—The Director’’;. 

12 (B) in the second sentence, by striking 

13 ‘‘The office’’ and inserting the following: 

14 ‘‘(2) NAME AND LOCATION.—The office’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) RESPONSIBILITIES.—The responsibilities 

17 of the Upper Great Lakes Fishery Resources Offices 

18 shall include operational activities of the United 

19 States Fish and Wildlife Service related to fishery 

20 resource protection, restoration, maintenance, and 

21 enhancement in the Upper Great Lakes.’’. 

22 SEC. 207. REPORTS. 

23 Section 1008 of the Great Lakes Fish and Wildlife 

24 Restoration Act of 1990 (16 U.S.C. 941f) is amended to 

25 read as follows: 


cprice-sewell on PROD1PC66 with BILLS
148 

•S 2545 IS

1 ‘‘SEC. 1008. REPORTS. 

2 ‘‘(a) IN GENERAL.—Not later than December 31, 

3 2011, the Director shall submit to the Committee on Re4 sources of the House of Representatives and the Com5 mittee on Environment and Public Works of the Senate 

6 a report that describes— 

7 ‘‘(1) actions taken to solicit and review pro8 posals under section 1005; 

9 ‘‘(2) the results of proposals implemented under 

10 section 1005; and 

11 ‘‘(3) progress toward the accomplishment of the 

12 goals specified in section 1006. 

13 ‘‘(b) ANNUAL REPORTS.—Not later than December 

14 31 of each of fiscal years 2007 through 2012, the Director 

15 shall submit to the 8 Great Lakes States and Indian 

16 Tribes a report that describes— 

17 ‘‘(1) actions taken to solicit and review pro18 posals under section 1005; 

19 ‘‘(2) the results of proposals implemented under 

20 section 1005; 

21 ‘‘(3) progress toward the accomplishment of the 

22 goals specified in section 1006; 

23 ‘‘(4) the priorities proposed for funding in the 

24 annual budget process under this title; and 

25 ‘‘(5) actions taken in support of the rec26 ommendations of the Great Lakes Regional CollaboVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
149 

•S 2545 IS

1 ration authorized under Executive Order 13340 (69 

2 Fed. Reg. 29043; relating to the Great Lakes Inter3 agency Task Force). 

4 ‘‘(c) STUDY.— 

5 ‘‘(1) IN GENERAL.—Not later than December 

6 16, 2009, the Director, in consultation with State 

7 fish and wildlife resource management agencies, In8 dian Tribes, and the Great Lakes Fishery Commis9 sion, shall— 

10 ‘‘(A) conduct a comprehensive study of the 

11 status, and the assessment, management, and 

12 restoration needs, of the fish and wildlife re13 sources of the Great Lakes Basin, including a 

14 comprehensive review of the accomplishments 

15 that have been achieved under this title through 

16 fiscal year 2008; and 

17 ‘‘(B) submit to the President of the Senate 

18 and the Speaker of the House of Representa19 tives— 

20 ‘‘(i) the study described in subpara21 graph (A); and 

22 ‘‘(ii) a comprehensive report on the 

23 findings of the study. 

24 ‘‘(d) REPORT.—Not later than June 30, 2006, the 

25 Director shall submit to the Committee on Environment 


cprice-sewell on PROD1PC66 with BILLS
150 

•S 2545 IS

1 and Public Works of the Senate and the Committee on 

2 Resources of the House of Representatives the 2002 re3 port required under this section as in effect on the day 

4 before the date of enactment of the Great Lakes Fish and 

5 Wildlife Restoration Act of 2006.’’. 

6 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 1009 of the Great Lakes Fish and Wildlife 

8 Restoration Act of 1990 (16 U.S.C. 941g) is amended to 

9 read as follows: 

10 ‘‘SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to the Di12 rector for each of fiscal years 2007 through 2012— 

13 ‘‘(1) $12,000,000, of which— 

14 ‘‘(A) $11,400,000 shall be allocated to im15 plement fish and wildlife restoration proposals 

16 as selected by the Director under section 

17 1005(e); and 

18 ‘‘(B) the lesser of 5 percent or $600,000 

19 shall be allocated to the United States Fish and 

20 Wildlife Service to cover costs incurred in ad21 ministering the proposals by any entity; 

22 ‘‘(2) $6,000,000, which shall be allocated to im23 plement regional projects by the United States Fish 

24 and Wildlife Service, as selected by the Director 

25 under section 1005(e); and 


cprice-sewell on PROD1PC66 with BILLS
151 

•S 2545 IS

1 ‘‘(3) $2,000,000, which shall be allocated for 

2 the activities of the Great Lake Coordination Office 

3 in East Lansing, Michigan, of the Upper Great 

4 Lakes Fishery Resources Office, and the Lower 

5 Great Lakes Fishery Resources Office under section 

6 1007.’’. 

7 TITLE III—COASTAL HEALTH 

8 SEC. 301. TECHNICAL ASSISTANCE. 

9 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

10 TREATMENT WORKS.—Section 104(b) of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1254(b)) is 

12 amended— 

13 (1) by redesignating paragraphs (1) through 

14 (7) as subparagraphs (A) through (G), respectively, 

15 and indenting the subparagraphs appropriately; 

16 (2) by striking ‘‘(b) In carrying out’’ and in17 serting the following: 

18 ‘‘(b) AUTHORIZED ACTIVITIES.— 

19 ‘‘(1) IN GENERAL.—In carrying out’’; 

20 (3) in paragraph (1) (as designated by para21 graph (2))— 

22 (A) by striking ‘‘paragraph (1) of sub23 section (a)’’ each place it appears and inserting 

24 ‘‘subsection (a)(1)’’; 


cprice-sewell on PROD1PC66 with BILLS
152 

•S 2545 IS

1 (B) in subparagraph (C) (as redesignated 

2 by paragraph (1)), by striking ‘‘of this section’’; 

3 (C) in subparagraph (F) (as redesignated 

4 by paragraph (1)), by striking ‘‘thereof; and’’ 

5 and inserting ‘‘of the effects;’’; 

6 (D) in subparagraph (G) (as redesignated 

7 by paragraph (1)), by striking the period at the 

8 end and inserting ‘‘; and’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(H) make grants to nonprofit organiza11 tions— 

12 ‘‘(i) to provide technical assistance to 

13 rural and small municipalities for the pur14 pose of assisting, in consultation with the 

15 State in which the assistance is provided, 

16 the municipalities in the planning, develop17 ment, and acquisition of financing for 

18 wastewater infrastructure assistance; 

19 ‘‘(ii) to capitalize revolving loan funds 

20 for the purpose of providing loans, in con21 sultation with the State in which the as22 sistance is provided and in accordance with 

23 paragraph (2), to rural and small munici24 palities for— 


cprice-sewell on PROD1PC66 with BILLS
153 

•S 2545 IS

1 ‘‘(I) predevelopment costs associ2 ated with wastewater infrastructure 

3 projects; and 

4 ‘‘(II) short-term costs incurred 

5 for the replacement of equipment that 

6 is not part of a regular operation or 

7 maintenance activity for an existing 

8 wastewater system; 

9 ‘‘(iii) to provide technical assistance 

10 and training for rural and small publicly11 owned treatment works and decentralized 

12 wastewater treatment systems to enable 

13 the treatment works and systems to— 

14 ‘‘(I) protect water quality; and 

15 ‘‘(II) achieve and maintain com16 pliance with the requirements of this 

17 Act; and 

18 ‘‘(iv) to disseminate information to 

19 rural and small municipalities and munici20 palities that meet the affordability criteria 

21 established by the State in which the mu22 nicipality is located under section 603(i)(2) 

23 with respect to planning, design, construc24 tion, and operation of publicly-owned treatVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
154 

•S 2545 IS

1 ment works and decentralized wastewater 

2 treatment systems.’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(2) LOAN CONDITIONS.— 

5 ‘‘(A) IN GENERAL.—A loan provided under 

6 paragraph (1)(H)(ii) shall— 

7 ‘‘(i) be provided at a below-market in8 terest rate; 

9 ‘‘(ii) be provided in an amount not to 

10 exceed $100,000; and 

11 ‘‘(iii) extend for a term of not more 

12 than 10 years. 

13 ‘‘(B) REPAYMENT.—Repayment of a loan 

14 provided under paragraph (1)(H)(ii) shall be 

15 credited to the water pollution control revolving 

16 loan fund of the appropriate State under sec17 tion 603.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 104(u) of the Federal Water Pollution Control Act (33 

20 U.S.C. 1254(u)) is amended— 

21 (1) by striking ‘‘(u) There is authorized to be 

22 appropriated (1) not’’ and inserting the following: 

23 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated— 

25 ‘‘(1) not’’; 


cprice-sewell on PROD1PC66 with BILLS
155 

•S 2545 IS

1 (2) in paragraph (1), by striking ‘‘provisions; 

2 (2) not’’ and inserting the following: ‘‘provisions; 

3 ‘‘(2) not’’; 

4 (3) in paragraph (2), by striking ‘‘subsection 

5 (g)(1); (3) not’’ and inserting the following: ‘‘sub6 section (g)(1); 

7 ‘‘(3) not’’; 

8 (4) in paragraph (3), by striking ‘‘subsection 

9 (g)(2); (4) not’’ and inserting the following: ‘‘sub10 section (g)(2); 

11 ‘‘(4) not’’; 

12 (5) in paragraph (4), by striking ‘‘subsection 

13 (p); (5) not’’ and inserting the following: ‘‘subsection 

14 (p); 

15 ‘‘(5) not’’; 

16 (6) in paragraph (5), by striking ‘‘subsection 

17 (r); and (6) not’’ and inserting the following: ‘‘sub18 section (r); 

19 ‘‘(6) not’’; 

20 (7) in paragraph (6), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (8) by adding at the end the following: 

23 ‘‘(7) for each of fiscal years 2007 through 

24 2011, not more than $75,000,000 to carry out subVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
156 

•S 2545 IS

1 paragraphs (C) and (H) of subsection (b)(1), of 

2 which, during any fiscal year— 

3 ‘‘(A) not less than 20 percent shall be used 

4 to carry out subsection (b)(1)(H); and 

‘‘(B) not more than 1 5 ⁄3 of the amount used 

6 under subparagraph (A) shall be used to carry 

7 out subsection (b)(1)(H)(ii).’’. 

8 (c) COMPETITIVE PROCEDURES FOR AWARDING

9 GRANTS.—Section 104 of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1254) is amended by adding at 

11 the end the following: 

12 ‘‘(w) COMPETITIVE PROCEDURES FOR AWARDING

13 GRANTS.—The Administrator shall establish procedures 

14 that promote competition and openness, to the maximum 

15 extent practicable, in the award of grants to nonprofit pri16 vate agencies, institutions, and organizations under this 

17 section.’’. 

18 SEC. 302. SEWER OVERFLOW CONTROL GRANTS. 

19 Section 221 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1301) is amended by striking subsection 

21 (c) and inserting the following: 

22 ‘‘(c) DEFINITION OF FINANCIALLY DISTRESSED

23 COMMUNITY.—A financially distressed community re24 ferred to in subsection (b) is a community that meets the 


cprice-sewell on PROD1PC66 with BILLS
157 

•S 2545 IS

1 affordability criteria established by the State in which the 

2 community is located under section 603(i)(2).’’. 

3 SEC. 303. WATER POLLUTION CONTROL REVOLVING LOAN 

4 FUNDS. 

5 (a) EXTENDED PAYMENT PERIOD.—Section 

6 603(d)(1) of the Federal Water Pollution Control Act (33 

7 U.S.C. 1383(d)(1)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘20 

9 years;’’ and inserting the following: ‘‘the lesser of— 

10 ‘‘(i) the design life of the project to be 

11 financed using the proceeds of the loan; or 

12 ‘‘(ii) 30 years;’’; and 

13 (2) in subparagraph (B), by striking ‘‘not later 

14 than 20 years after project completion’’ and insert15 ing ‘‘on the expiration of the term of the loan’’. 

16 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

17 SMALL SYSTEMS.—Section 603(d) of the Federal Water 

18 Pollution Control Act (33 U.S.C. 1383(d)) is amended— 

19 (1) in paragraph (6), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (7), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(8) with respect to municipalities and inter25 municipal, interstate, and State agencies seeking asVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
158 

•S 2545 IS

1 sistance under this title that serve a population of 

2 20,000 or fewer, to provide to owners and operators 

3 of small treatment works, in an amount not to ex4 ceed 2 percent of the amount of total grant awards 

5 made under this title— 

6 ‘‘(A) technical and planning assistance; 

7 and 

8 ‘‘(B) assistance relating to— 

9 ‘‘(i) financial management; 

10 ‘‘(ii) user fee analysis; 

11 ‘‘(iii) budgeting; 

12 ‘‘(iv) capital improvement planning; 

13 ‘‘(v) facility operation and mainte14 nance; 

15 ‘‘(vi) repair schedules; and 

16 ‘‘(vii) other activities to improve 

17 wastewater treatment plant management 

18 and operations.’’. 

19 (c) ADDITIONAL SUBSIDIZATION.—Section 603 of the 

20 Federal Water Pollution Control Act (33 U.S.C. 1383) is 

21 amended by adding at the end the following: 

22 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

23 ‘‘(1) IN GENERAL.—In any case in which a 

24 State provides assistance to a municipality or an 

25 intermunicipal, interstate, or State agency under 


cprice-sewell on PROD1PC66 with BILLS
159 

•S 2545 IS

1 subsection (d), the State may provide additional sub2 sidization, including forgiveness of principal and 

3 negative interest loans— 

4 ‘‘(A) to benefit a municipality that— 

5 ‘‘(i) meets the affordability criteria of 

6 the State established under paragraph (2); 

7 or 

8 ‘‘(ii) does not meet the criteria estab9 lished under paragraph (2), if the munici10 pality— 

11 ‘‘(I) seeks additional subsidiza12 tion to benefit individual ratepayers in 

13 the residential user rate class; 

14 ‘‘(II) demonstrates to the State 

15 that the ratepayers described in sub16 clause (I) will experience a significant 

17 hardship on the increase in rates re18 quired to finance the project or activ19 ity for which the assistance is sought; 

20 and 

21 ‘‘(III) ensures, as part of an 

22 agreement between the State and the 

23 recipient, that the additional sub24 sidization provided under this para25 graph will be directed to those rateVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
160 

•S 2545 IS

1 payers through a user charge rate sys2 tem (or another appropriate method); 

3 and 

4 ‘‘(B) to implement alternative processes, 

5 materials, and techniques (including non6 structural protection of surface waters, new or 

7 improved methods of waste treatment, and pol8 lutant trading) that may result in cost savings 

9 or increased environmental benefit when com10 pared to standard processes, materials, and 

11 techniques. 

12 ‘‘(2) AFFORDABILITY CRITERIA.— 

13 ‘‘(A) ESTABLISHMENT.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 September 30, 2006, after providing notice 

16 and an opportunity for public comment, a 

17 State shall establish affordability criteria 

18 to assist the State in identifying munici19 palities that would experience a significant 

20 hardship on the increase in rates required 

21 to finance a project or activity that is eligi22 ble for assistance under subsection (c)(1) if 

23 additional subsidization under paragraph 

24 (1) is not provided. 


cprice-sewell on PROD1PC66 with BILLS
161 

•S 2545 IS

1 ‘‘(ii) FACTORS FOR CONSIDER2 ATION.—In establishing criteria under 

3 clause (i), a State shall take into consider4 ation— 

5 ‘‘(I) income data; 

6 ‘‘(II) population trends; and 

7 ‘‘(III) any other data the State 

8 determines to be relevant. 

9 ‘‘(B) EXISTING CRITERIA.—If a State has 

10 established, after providing notice and an op11 portunity for public comment, criteria in ac12 cordance with subparagraph (A) before the date 

13 of enactment of this subsection, the criteria 

14 shall be considered to be affordability criteria 

15 established under that subparagraph. 

16 ‘‘(C) INFORMATION TO ASSIST STATES.— 

17 The Administrator may publish information to 

18 assist States in establishing affordability cri19 teria under subparagraph (A). 

20 ‘‘(3) PRIORITY.—In providing assistance under 

21 this subsection, a State may give priority to any 

22 owner or operator of a project or activity that— 

23 ‘‘(A) is eligible to receive funding under 

24 subsection (c)(1); and 


cprice-sewell on PROD1PC66 with BILLS
162 

•S 2545 IS

1 ‘‘(B) is located in a municipality that 

2 meets the affordability criteria established 

3 under paragraph (2). 

4 ‘‘(4) SET-ASIDE.— 

5 ‘‘(A) IN GENERAL.—For any fiscal year 

6 during which more than $1,400,000,000 is 

7 made available to the Administrator to carry 

8 out this title, a State shall provide additional 

9 subsidization under this subsection in the 

10 amount described in subparagraph (B) to enti11 ties described in paragraph (1) for projects and 

12 activities identified in the intended use plan of 

13 the State under section 606(c) on receipt of an 

14 application for additional subsidization. 

15 ‘‘(B) AMOUNT.—The amount referred to in 

16 subparagraph (A) is an amount not less than 

17 25 percent of the difference between— 

18 ‘‘(i) the total amount that would have 

19 been allotted to the State under section 

20 604 during the appropriate fiscal year, if 

21 the amount made available to the Adminis22 trator to carry out this title during that 

23 fiscal year was equal to $1,400,000,000; 

24 and 


cprice-sewell on PROD1PC66 with BILLS
163 

•S 2545 IS

1 ‘‘(ii) the total amount allotted to the 

2 State under section 604 for that fiscal 

3 year. 

4 ‘‘(5) LIMITATION.—The total amount of addi5 tional subsidization provided by a State under this 

6 subsection shall not exceed 30 percent of the total 

7 amount of capitalization grants received by the State 

8 under this title for fiscal years beginning after Sep9 tember 30, 2005.’’. 

10 SEC. 304. ALLOTMENT OF FUNDS. 

11 (a) IN GENERAL.—Section 604 of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1384) is amended by 

13 striking subsection (a) and inserting the following: 

14 ‘‘(a) ALLOTMENTS.— 

15 ‘‘(1) FISCAL YEARS 2007 AND 2008.—Amounts 

16 made available to carry out this title for fiscal years 

17 2007 and 2008 shall be allotted by the Adminis18 trator in accordance with the formula used to cal19 culate allotments for fiscal year 2006. 

20 ‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.— 

21 Amounts made available to carry out this title for 

22 fiscal year 2009 and each fiscal year thereafter shall 

23 be allotted by the Administrator during each fiscal 

24 year— 


cprice-sewell on PROD1PC66 with BILLS
164 

•S 2545 IS

1 ‘‘(A) for amounts up to $1,350,000,000, in 

2 accordance with the formula used to calculate 

3 allotments for fiscal year 2006; and 

4 ‘‘(B) for any amount in excess of 

5 $1,350,000,000, in accordance with the formula 

6 developed by the Administrator under sub7 section (d).’’. 

8 (b) PLANNING ASSISTANCE.—Section 604(b) of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 

10 is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per11 cent’’. 

12 (c) FORMULA.—Section 604 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1384) is amended by 

14 adding at the end the following: 

15 ‘‘(d) FORMULA BASED ON WATER QUALITY

16 NEEDS.—Not later than September 30, 2006, after pro17 viding notice and an opportunity for public comment, the 

18 Administrator shall publish an allotment formula for pur19 poses of subsection (a)(2)(B) based on water quality 

20 needs, to be determined by the Administrator in accord21 ance with the most recent survey of needs developed by 

22 the Administrator under section 516.’’. 

23 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 607 of the Federal Water Pollution Control 

25 Act (33 U.S.C. 1387) is amended to read as follows: 


cprice-sewell on PROD1PC66 with BILLS
165 

•S 2545 IS

1 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this title— 

4 ‘‘(1) $2,000,000,000 for fiscal year 2007; 

5 ‘‘(2) $3,000,000,000 for fiscal year 2008; 

6 ‘‘(3) $4,000,000,000 for fiscal year 2009; 

7 ‘‘(4) $5,000,000,000 for fiscal year 2010; and 

8 ‘‘(5) $6,000,000,000 for fiscal year 2011.’’. 

9 TITLE IV—AREAS OF CONCERN 

10 SEC. 401. GREAT LAKES. 

11 (a) REMEDIATION OF SEDIMENT CONTAMINATION IN

12 AREAS OF CONCERN.—Section 118(c)(12)(H) of the Fed13 eral Water Pollution Control Act (33 U.S.C. 

14 1268(c)(12)(H)) is amended by striking clause (i) and in15 serting the following: 

16 ‘‘(i) IN GENERAL.—In addition to 

17 other amounts authorized to be appro18 priated to carry out this section, there is 

19 authorized to be appropriated to carry out 

20 this paragraph $150,000,000 for each of 

21 fiscal years 2007 through 2012.’’. 

22 (b) NON-FEDERAL SHARE.—Section 118(c)(12) of 

23 the Federal Water Pollution Control Act (33 U.S.C. 

24 1268(c)(12)) is amended— 

25 (1) in subparagraph (E), by adding at the end 

26 the following: 


cprice-sewell on PROD1PC66 with BILLS
166 

•S 2545 IS

1 ‘‘(v) PAYMENT AND RETENTION OF

2 NON-FEDERAL SHARE.—The non-Federal 

3 sponsor for a project under this paragraph 

4 may pay to the Administrator, for reten5 tion and use by the Administrator in car6 rying out the project, the non-Federal 

7 share of the cost of the project.’’; 

8 (2) by redesignating subparagraph (H) (as 

9 amended by subsection (a)) as subparagraph (I); 

10 and 

11 (3) by inserting after subparagraph (G) the fol12 lowing: 

13 ‘‘(H) ADVANCE PAYMENT AND REIM14 BURSEMENT OF COSTS.—The Administrator, 

15 acting through the Program Office, may enter 

16 into an agreement with a non-Federal sponsor 

17 to carry out a project under this paragraph 

18 under which the non-Federal sponsor may, as 

19 appropriate— 

20 ‘‘(i) pay in advance the non-Federal 

21 share of the cost of the project; and 

22 ‘‘(ii) receive from the Administrator 

23 reimbursement for amounts (other than 

24 the non-Federal share) expended by the 

25 non-Federal sponsor for the project.’’. 


cprice-sewell on PROD1PC66 with BILLS
167 

•S 2545 IS

1 TITLE V—TOXIC SUBSTANCES 

2 SEC. 501. MERCURY REDUCTION GRANTS. 

3 Section 118(c) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

5 end the following: 

6 ‘‘(14) MERCURY REDUCTION GRANTS.— 

7 ‘‘(A) IN GENERAL.—The Program Office 

8 shall provide grants to Great Lakes States and 

9 Indian tribes in Great Lakes States to carry 

10 out projects to reduce the quantity of mercury 

11 in the Great Lakes. 

12 ‘‘(B) APPLICATION.—Each Great Lake 

13 State or Indian tribe that seeks a grant under 

14 this paragraph shall submit an application to 

15 the Program Office at such time, in such man16 ner, and accompanied by or containing any in17 formation that the Program Office may require. 

18 ‘‘(C) AUTHORIZATION OF APPROPRIA19 TIONS.—There is authorized to be appropriated 

20 to carry out this paragraph $10,000,000 for 

21 each of fiscal years 2007 through 2011.’’. 


cprice-sewell on PROD1PC66 with BILLS
168 

•S 2545 IS

1 TITLE VI—INDICATORS AND 

2 INFORMATION 

3 Subtitle A—Research Program 

4 SEC. 601. RESEARCH REAUTHORIZATIONS. 

5 Section 118 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1268) is amended by striking subsection 

7 (e) and inserting the following: 

8 ‘‘(e) RESEARCH AND MANAGEMENT COORDINA9 TION.— 

10 ‘‘(1) JOINT PLAN.— 

11 ‘‘(A) IN GENERAL.—Not later than Sep12 tember 30 of each year, the Program Office, 

13 the Research Office, and the Great Lakes 

14 Science Center shall prepare and submit to the 

15 Executive Committee of the Regional Collabora16 tion a joint research plan for the fiscal year 

17 that begins in the following calendar year. 

18 ‘‘(B) SUBMISSION TO CONGRESS.—The 

19 President shall include the plan described in 

20 subparagraph (A) in the annual budget of the 

21 United States Government submitted to Con22 gress by the President. 

23 ‘‘(2) CONTENTS OF PLAN.—Each plan prepared 

24 under paragraph (1) shall— 


cprice-sewell on PROD1PC66 with BILLS
169 

•S 2545 IS

1 ‘‘(A) identify all proposed research dedi2 cated to activities carried out under the Great 

3 Lakes Water Quality Agreement and any other 

4 applicable agreements and amendments; 

5 ‘‘(B) include the assessment of the Re6 gional Collaboration of priorities for research 

7 needed to fulfill the terms of those agreements; 

8 and 

9 ‘‘(C) identify all proposed research that 

10 may be used to develop a comprehensive envi11 ronmental data base for the Great Lakes Sys12 tem and establish priorities for development of 

13 the data base.’’. 

14 SEC. 602. GREAT LAKES SCIENCE CENTER. 

15 There are authorized to be appropriated to the Direc16 tor of the United States Geological Survey, for use by the 

17 Great Lakes Science Center, to carry out research activi18 ties that advance scientific knowledge and provide sci19 entific information for restoring, enhancing, managing, 

20 and protecting the living marine resources and habitats 

21 in the Great Lakes basin ecosystem $25,000,000 for each 

22 of fiscal years 2007 through 2011. 


cprice-sewell on PROD1PC66 with BILLS
170 

•S 2545 IS

1 SEC. 603. GREAT LAKES ENVIRONMENTAL RESEARCH LAB2 ORATORY. 

3 (a) GRANTS.—Section 118(d)(6) of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1268(d)(6)) is 

5 amended— 

6 (1) striking ‘‘The Research Office’’ and insert7 ing the following: 

8 ‘‘(A) IN GENERAL.—The Research Office’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(B) GRANTS.— 

12 ‘‘(i) IN GENERAL.—The National Oce13 anic and Atmospheric Administration, act14 ing through the Center for Sponsored 

15 Coastal Ocean Research, shall carry out a 

16 program to provide competitive grants to 

17 academic institutions, State agencies, and 

18 other appropriate entities to carry out re19 search and monitoring activities described 

20 in subparagraph (A). 

21 ‘‘(ii) REQUIREMENTS.—The program 

22 under this subparagraph shall be peer-re23 viewed and merit-based.’’. 

24 (b) AUTHORIZATIONS OF APPROPRIATIONS.—Section 

25 118 of the Federal Water Pollution Control Act (33 


cprice-sewell on PROD1PC66 with BILLS
171 

•S 2545 IS

1 U.S.C. 1268) is amended by striking subsection (h) and 

2 inserting the following: 

3 ‘‘(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $105,000,0000 for each of fiscal years 2007 through 

6 2011, of which, for each fiscal year— 

7 ‘‘(1) $40,000,000 shall be made available to the 

8 Program Office; 

9 ‘‘(2) $15,000,000 shall be made available to the 

10 Research Office to provide research grants to aca11 demic institutions, State agencies, and other appro12 priate entities; and 

13 ‘‘(3) $25,000,000 shall be made available to the 

14 Great Lakes Environmental Research Laboratory to 

15 provide grants under subsection (d)(6)(B).’’. 

16 Subtitle B—Ocean and Coastal 

17 Observation System 

18 SEC. 611. DEFINITIONS. 

19 In this Act: 

20 (1) COUNCIL.—The term ‘‘Council’’ means the 

21 National Ocean Research Leadership Council. 

22 (2) GREAT LAKE.—The term ‘‘Great Lake’’ 

23 means— 

24 (A) Lake Erie; 


cprice-sewell on PROD1PC66 with BILLS
172 

•S 2545 IS

1 (B) Lake Huron (including Lake Saint 

2 Clair); 

3 (C) Lake Michigan; 

4 (D) Lake Ontario; 

5 (E) Lake Superior; and 

6 (F) the connecting channels of those 

7 Lakes, including— 

8 (i) the Saint Marys River; 

9 (ii) the Saint Clair River; 

10 (iii) the Detroit River; 

11 (iv) the Niagara River; and 

12 (v) the Saint Lawrence River to the 

13 Canadian border. 

14 (3) OBSERVING SYSTEM.—The term ‘‘observing 

15 system’’ means the integrated coastal, ocean, and 

16 Great Lakes observing system to be established by 

17 the Committee under section 612(a). 

18 (4) INTERAGENCY PROGRAM OFFICE.—The 

19 term ‘‘interagency program office’’ means the office 

20 established under section 612(d). 

21 SEC. 612. INTEGRATED OCEAN AND COASTAL OBSERVING 

22 SYSTEM. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—The President, acting 

25 through the Council, shall establish and maintain an 


cprice-sewell on PROD1PC66 with BILLS
173 

•S 2545 IS

1 integrated system of ocean and coastal observations, 

2 data communication and management, analysis, 

3 modeling, research, education, and outreach de4 signed to provide data and information for the time5 ly detection and prediction of changes occurring in 

6 the ocean, coastal, and Great Lakes environment 

7 that impact the social, economic, and ecological sys8 tems of the United States. 

9 (2) PURPOSES.—The observing system shall 

10 provide for long-term, continuous, and quality-con11 trolled observations of the coasts, oceans, and Great 

12 Lakes so as to— 

13 (A) improve the health of the coasts, 

14 oceans, and Great Lakes of the United States; 

15 (B) protect human lives and livelihoods 

16 from hazards, including tsunamis, hurricanes, 

17 coastal erosion, and fluctuating Great Lakes 

18 water levels; 

19 (C) understand the effects of human activi20 ties and natural variability on the state of the 

21 coasts, oceans, and Great Lakes and the socio22 economic well-being of the United States; 

23 (D) provide for the sustainable use, protec24 tion, and enjoyment of ocean, coastal, and 

25 Great Lakes resources; 


cprice-sewell on PROD1PC66 with BILLS
174 

•S 2545 IS

1 (E) provide information that can support 

2 the eventual implementation and refinement of 

3 ecosystem-based management; 

4 (F) supply critical information to marine5 related businesses, including aquaculture and 

6 fisheries; and 

7 (G) support research and development to— 

8 (i) ensure continuous improvement to 

9 ocean, coastal, and Great Lakes observa10 tion measurements; and 

11 (ii) enhance understanding of the 

12 ocean, coastal, and Great Lakes resources 

13 of the United States. 

14 (b) SYSTEM ELEMENTS.—To carry out the purposes 

15 of this subtitle, the observing system shall consist of— 

16 (1) a national program to fulfill national obser17 vation priorities, including the ocean contribution of 

18 the United States to the Global Earth Observation 

19 System of Systems and the Global Ocean Observing 

20 System; 

21 (2) a network of regional associations to man22 age the regional ocean and coastal observing and in23 formation programs that collect, measure, and dis24 seminate data and information products to meet re25 gional needs; 


cprice-sewell on PROD1PC66 with BILLS
175 

•S 2545 IS

1 (3) a data management and dissemination sys2 tem for the timely integration and dissemination of 

3 data and information products from the national 

4 and regional systems; 

5 (4) a research and development program con6 ducted under the guidance of the Council; and 

7 (5) an outreach, education, and training pro8 gram that augments existing programs, including 

9 the National Sea Grant College Program, the Cen10 ters for Ocean Sciences Education Excellence pro11 gram, and the National Estuarine Research Reserve 

12 System, to ensure the use of the data and informa13 tion for— 

14 (A) improving public education and aware15 ness of the oceans of the United States; and 

16 (B) building the technical expertise re17 quired to operate and improve the observing 

18 system. 

19 (c) COUNCIL FUNCTIONS.—In carrying out this sec20 tion, the Council shall— 

21 (1) serve as the oversight body for the design 

22 and implementation of all aspects of the observing 

23 system; 

24 (2) adopt plans, budgets, and standards that 

25 are developed and maintained by the interagency 


cprice-sewell on PROD1PC66 with BILLS
176 

•S 2545 IS

1 program office in consultation with the regional as2 sociations; 

3 (3) coordinate the observing system with other 

4 earth observing activities, including the Global 

5 Ocean Observing System and the Global Earth Ob6 serving System of Systems; 

7 (4) coordinate and administer programs of re8 search, development, education, and outreach to— 

9 (A) support improvements to, and the op10 eration of, an integrated ocean and coastal ob11 serving system; and 

12 (B) advance the understanding of the 

13 oceans; 

14 (5) establish pilot projects to develop technology 

15 and methods for advancing the development of the 

16 observing system; 

17 (6) provide, as appropriate, support for and 

18 representation on United States delegations to inter19 national meetings on ocean and coastal observing 

20 programs; and 

21 (7) in consultation with the Secretary of State, 

22 coordinate relevant Federal activities with those of 

23 other nations. 

24 (d) INTERAGENCY PROGRAM OFFICE.— 


cprice-sewell on PROD1PC66 with BILLS
177 

•S 2545 IS

1 (1) IN GENERAL.—The Council shall establish 

2 an interagency program office to be known as ‘‘Oce3 anUS’’. 

4 (2) RESPONSIBILITIES.—The interagency pro5 gram office shall be responsible for program plan6 ning and coordination of the observing system. 

7 (3) REQUIREMENTS.—The interagency program 

8 office shall— 

9 (A) prepare annual and long-term plans 

10 for consideration by the Council for the design 

11 and implementation of the observing system 

12 that promote collaboration among Federal 

13 agencies and regional associations in developing 

14 the global and national observing systems, in15 cluding identification and refinement of a core 

16 set of variables to be measured by all systems; 

17 (B) coordinate the development of agency 

18 priorities and budgets for implementation of the 

19 observing system, including budgets for the re20 gional associations; 

21 (C) establish and refine standards and pro22 tocols for data management and communica23 tions, including quality standards, in consulta24 tion with participating Federal agencies and re25 gional associations; 


cprice-sewell on PROD1PC66 with BILLS
178 

•S 2545 IS

1 (D) develop a process for the certification 

2 and periodic review and recertification of the re3 gional associations; 

4 (E) establish an external technical com5 mittee to provide biennial review of the observ6 ing system; and 

7 (F) provide for opportunities to partner or 

8 contract with private sector companies in de9 ploying ocean observation system elements. 

10 (e) LEAD FEDERAL AGENCY.— 

11 (1) IN GENERAL.—The National Oceanic and 

12 Atmospheric Administration shall be the lead Fed13 eral agency for implementation and operation of the 

14 observing system. 

15 (2) REQUIREMENTS.—Based on the plans pre16 pared by the interagency program office and adopted 

17 by the Council, the Administrator of the National 

18 Oceanic and Atmospheric Administration shall— 

19 (A) coordinate implementation, operation, 

20 and improvement of the observing system; 

21 (B) establish efficient and effective admin22 istrative procedures for allocation of funds 

23 among Federal agencies and regional associa24 tions in a timely manner and according to the 

25 budget adopted by the Council; 


cprice-sewell on PROD1PC66 with BILLS
179 

•S 2545 IS

1 (C) implement and maintain appropriate 

2 elements of the observing system; 

3 (D) provide for the migration of scientific 

4 and technological advances from research and 

5 development to operational deployment; 

6 (E) integrate and extend existing programs 

7 and pilot projects into the operational observa8 tion system; 

9 (F) certify regional associations that meet 

10 the requirements of subsection (f); and 

11 (G) integrate the capabilities of the Na12 tional Coastal Data Development Center and 

13 the Coastal Services Center of the National 

14 Oceanic and Atmospheric Administration, and 

15 other appropriate centers, into the observing 

16 system to assimilate, manage, disseminate, and 

17 archive data from regional observation systems 

18 and other observation systems. 

19 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST20 AL OBSERVING SYSTEMS.— 

21 (1) IN GENERAL.—The Administrator of the 

22 National Oceanic and Atmospheric Administration 

23 may certify 1 or more regional associations to be re24 sponsible for the development and operation of re25 gional ocean and coastal observing systems to meet 


cprice-sewell on PROD1PC66 with BILLS
180 

•S 2545 IS

1 the information needs of user groups in the region 

2 while adhering to national standards. 

3 (2) REQUIREMENTS.—To be certifiable by the 

4 Administrator, a regional association shall— 

5 (A) demonstrate an organizational struc6 ture capable of supporting and integrating all 

7 aspects of ocean and coastal observing and in8 formation programs within a region; 

9 (B) operate under a strategic operations 

10 and business plan that details the operation and 

11 support of regional ocean and coastal observing 

12 systems in accordance with the standards estab13 lished by the Council; 

14 (C) provide information products for mul15 tiple users in the region; 

16 (D) work with governmental entities and 

17 programs at all levels within the region to pro18 vide timely warnings and outreach to protect 

19 the public; and 

20 (E) meet certification standards developed 

21 by the interagency program office in conjunc22 tion with the regional associations and approved 

23 by the Council. 

24 (g) PROHIBITION ON LOBBYING.—Nothing in this 

25 Act authorizes a regional association to engage in lobbying 


cprice-sewell on PROD1PC66 with BILLS
181 

•S 2545 IS

1 activities (as defined in section 3 of the Lobbying Disclo2 sure Act of 1995 (2 U.S.C. 1602)). 

3 (h) CIVIL LIABILITY.—For purposes of section 

4 1346(b)(1) and chapter 171 of title 28, United States 

5 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

6 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

7 et seq.)— 

8 (1) any regional ocean and coastal observing 

9 system that is a designated part of a regional asso10 ciation certified under this section shall, in carrying 

11 out the purposes of this Act, be considered to be 

12 part of the National Oceanic and Atmospheric Ad13 ministration; and 

14 (2) any employee of that system, while acting 

15 within the scope of the employment of the employee, 

16 carrying out those purposes, shall be considered to 

17 be an employee of the Government. 

18 SEC. 613. RESEARCH, DEVELOPMENT, AND EDUCATION. 

19 The Council shall establish programs for research, 

20 development, education, and outreach for the ocean and 

21 coastal observing system, including projects under the Na22 tional Oceanographic Partnership Program, consisting 

23 of— 

24 (1) basic research to advance knowledge of 

25 ocean and coastal systems and ensure continued imVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
182 

•S 2545 IS

1 provement of operational products, including related 

2 infrastructure and observing technology; 

3 (2) focused research projects to improve under4 standing of the relationship between the coasts and 

5 oceans and human activities; 

6 (3) large-scale computing resources and re7 search to advance modeling of ocean and coastal 

8 processes; and 

9 (4) a coordinated effort to build public edu10 cation and awareness of the ocean and coastal envi11 ronment and functions that integrates ongoing ac12 tivities, including the National Sea Grant College 

13 Program, the Centers for Ocean Sciences Education 

14 Excellence, and the National Estuarine Research 

15 Reserve System. 

16 SEC. 614. INTERAGENCY FINANCING. 

17 (a) IN GENERAL.—The departments and agencies 

18 represented on the Council may participate in interagency 

19 financing and share, transfer, receive, obligate, and ex20 pend funds appropriated to any member of the Council 

21 to carry out any administrative or programmatic project 

22 or activity under this Act or under the National Oceano23 graphic Partnership Program, including support for the 

24 interagency program office, a common infrastructure, and 


cprice-sewell on PROD1PC66 with BILLS
183 

•S 2545 IS

1 system integration for a ocean and coastal observing sys2 tem. 

3 (b) TRANSFER OF FUNDS.—Funds may be trans4 ferred among the departments and agencies described in 

5 subsection (a) through an appropriate instrument that 

6 specifies the goods, services, or space being acquired from 

7 another Council member and the costs of the same. 

8 SEC. 615. APPLICATION WITH OUTER CONTINENTAL SHELF 

9 LANDS ACT. 

10 Nothing in this Act supersedes, or limits the author11 ity of the Secretary of the Interior under, the Outer Conti12 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

13 SEC. 616. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to the National Oceanic and Atmospheric Adminis16 tration to carry out the observing system under section 

17 612 and the research and development program under sec18 tion 613 (including financial assistance to the interagency 

19 program office, the regional associations for the implemen20 tation of regional ocean and coastal observing systems, 

21 and the departments and agencies represented on the 

22 Council) $150,000,000 for each of fiscal years 2007 

23 through 2011, to remain available until expended. 

24 (b) ALLOCATION OF FUNDS.—At least 50 percent of 

25 the funds appropriated to carry out the observing system 


cprice-sewell on PROD1PC66 with BILLS
184 

•S 2545 IS

1 under section 612 shall be allocated to the regional asso2 ciations certified under section 612(f) to carry out regional 

3 ocean and coastal observing systems. 

4 SEC. 617. REPORTING REQUIREMENT. 

5 (a) IN GENERAL.—Not later than March 31, 2010, 

6 the President, acting through the Council, shall submit to 

7 Congress a report on the programs established under sec8 tions 612 and 613. 

9 (b) REQUIREMENTS.—The report shall include— 

10 (1) a description of activities carried out under 

11 the programs; 

12 (2) an evaluation of the effectiveness of the pro13 grams; and 

14 (3) recommendations concerning reauthoriza15 tion of the programs and funding levels for the pro16 grams in succeeding fiscal years. 

17 Subtitle C—Great Lakes Water 

18 Quality Indicators and Monitoring 

19 SEC. 621. GREAT LAKES WATER QUALITY INDICATORS AND 

20 MONITORING. 

21 Section 118(c)(1) of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1268(c)(1)) is amended by strik23 ing subparagraph (B) and inserting the following: 

24 ‘‘(B)(i) not later than 2 years after the 

25 date of enactment of this clause, in cooperation 


cprice-sewell on PROD1PC66 with BILLS
185 

•S 2545 IS

1 with Canada and appropriate Federal agencies 

2 (including the United States Geological Survey, 

3 the National Oceanic and Atmospheric Admin4 istration, and the United States Fish and Wild5 life Service), develop and implement a set of 

6 science-based indicators of water quality and re7 lated environmental factors in the Great Lakes, 

8 including, at a minimum, measures of toxic pol9 lutants that have accumulated in the Great 

10 Lakes for a substantial period of time, as deter11 mined by the Program Office; 

12 ‘‘(ii) not later than 4 years after the date 

13 of enactment of this clause— 

14 ‘‘(I) establish a Federal network for 

15 the regular monitoring of, and collection of 

16 data throughout, the Great Lakes basin 

17 with respect to the indicators described in 

18 clause (i); and 

19 ‘‘(II) collect an initial set of bench20 mark data from the network; and 

21 ‘‘(iii) not later than 2 years after the date 

22 of collection of the data described in clause 

23 (ii)(II), and biennially thereafter, in addition to 

24 the report required under paragraph (10), subVerDate Aug 31 2005 08:38 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

cprice-sewell on PROD1PC66 with BILLS
186 

•S 2545 IS

1 mit to Congress, and make available to the pub2 lic, a report that— 

3 ‘‘(I) describes the water quality and 

4 related environmental factors of the Great 

5 Lakes (including any changes in those fac6 tors), including a description of ways in 

7 which the factors relate to restoration pri8 orities provided by the Great Lakes Re9 gional Collaboration Executive Committee, 

10 as determined through the regular moni11 toring of indicators under clause (ii)(I) for 

12 the period covered by the report; and 

13 ‘‘(II) identifies any emerging problems 

14 in the water quality or related environ15 mental factors of the Great Lakes;’’. 

16 TITLE VII—SUSTAINABLE 

17 DEVELOPMENT 

18 SEC. 701. WATERFRONT RESTORATION AND REMEDIATION 

19 PROJECTS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) RELATED AREA.—The term ‘‘related area’’ 

22 means land— 

23 (A) located adjacent to, or in close prox24 imity of, a waterfront area; and 


cprice-sewell on PROD1PC66 with BILLS
187 

•S 2545 IS

1 (B) that impacts or influences a waterfront 

2 area or an aquatic habitat. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Commerce, acting through the 

5 Under Secretary for Oceans and Atmosphere. 

6 (3) WATERFRONT AREA.—The term ‘‘water7 front area’’ means a site located adjacent to a lake, 

8 river, stream, wetland, or floodplain of the United 

9 States. 

10 (b) APPLICATION.—An individual or entity that seeks 

11 to receive assistance under this section shall submit to the 

12 Secretary an application for the assistance in such form, 

13 by such time, and containing such information as the Sec14 retary may require. 

15 (c) JUSTIFICATION AND PURPOSE.— 

16 (1) JUSTIFICATION.—The Secretary may pro17 vide assistance to eligible recipients in financing a 

18 restoration or remediation project only if the Sec19 retary finds that the proposed project addresses con20 cerns relating to— 

21 (A) public health; 

22 (B) public safety; 

23 (C) environmental improvements; or 

24 (D) economic improvements. 


cprice-sewell on PROD1PC66 with BILLS
188 

•S 2545 IS

1 (2) PURPOSE.—An eligible recipient of assist2 ance may use assistance made available under this 

3 section to complete a restoration or remediation 

4 project for the purpose of— 

5 (A) improving the surrounding ecosystem; 

6 or 

7 (B) preparing land for redevelopment by 

8 Federal, State, or local agencies, or private en9 tities. 

10 (d) COST SHARING.— 

11 (1) GENERAL ASSISTANCE.— 

12 (A) IN GENERAL.—Except as otherwise 

13 provided in this subsection, the Federal share of 

14 the cost of carrying out a restoration or remedi15 ation project under this section shall not exceed 

16 65 percent, as determined by the Secretary. 

17 (B) INNOVATIVE TECHNOLOGY.—The Fed18 eral share of the cost of carrying out a restora19 tion or remediation project under this section 

20 that involves conducting a pilot project to test 

21 a demonstration or innovative technology shall 

22 not exceed 85 percent, as determined by the 

23 Secretary. 

24 (2) OPERATION AND MAINTENANCE.—The non25 Federal share of operation and maintenance costs 


cprice-sewell on PROD1PC66 with BILLS
189 

•S 2545 IS

1 for a restoration or remediation project under this 

2 section shall be 100 percent. 

3 (3) CREDIT FOR WORK-IN-KIND CONSIDER4 ATIONS.—In determining the amount of a contribu5 tion made by a non-Federal interest under this sec6 tion, the non-Federal interest shall receive credit 

7 equal to 100 percent of the value of any land, ease8 ments, rights-of-way, and relocations, and the rea9 sonable cost of services, studies, and supplies, con10 tributed toward the non-Federal share of project 

11 costs. 

12 (4) LIABILITY OF FEDERAL GOVERNMENT.— 

13 The eligible recipient shall hold the United States 

14 harmless from any claim or damage that may arise 

15 from carrying out the restoration or remediation 

16 project under this section, except any claim or dam17 age that may arise from the negligence of the Fed18 eral Government or a contractor of the Federal Gov19 ernment. 

20 (e) FUNDING LIMITATION PER PROJECT.—Of the 

21 funds provided under this section, not more than 

22 $5,000,000 may be allocated for an individual restoration 

23 or rehabilitation project. 


cprice-sewell on PROD1PC66 with BILLS
190 

•S 2545 IS

1 SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND RE2 MEDIATE WATERFRONT AND RELATED 

3 AREAS. 

4 The Secretary, in consultation with appropriate Fed5 eral, State, and local agencies, is authorized to restore and 

6 remediate waterfront and related areas, including site 

7 characterization, planning, design, construction, and mon8 itoring. 

9 SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to the Sec11 retary to carry out this title $50,000,000 for fiscal year 

12 2007 and each subsequent fiscal year. 

13 TITLE VIII—COORDINATION AND 

14 OVERSIGHT 

15 SEC. 801. DEFINITIONS. 

16 In this title: 

17 (1) COLLABORATION.—The term ‘‘Collabora18 tion’’ means the Great Lakes Regional Collaboration 

19 established by section 804(a). 

20 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec21 utive Committee’’ means the Great Lakes Regional 

22 Collaboration Executive Committee established by 

23 section 803(a). 

24 (3) EXECUTIVE ORDER.—The term ‘‘Executive 

25 Order’’ means Executive Order 13340 (33 U.S.C. 

26 1268 note; relating to establishment of Great Lakes 


cprice-sewell on PROD1PC66 with BILLS
191 

•S 2545 IS

1 Interagency Task Force and promotion of regional 

2 collaboration of national significance for Great 

3 Lakes). 

4 (4) GREAT LAKE.—The term ‘‘Great Lake’’ 

5 means— 

6 (A) Lake Erie; 

7 (B) Lake Huron (including Lake Saint 

8 Clair); 

9 (C) Lake Michigan; 

10 (D) Lake Ontario; 

11 (E) Lake Superior; and 

12 (F) the connecting channels of those 

13 Lakes, including— 

14 (i) the Saint Marys River; 

15 (ii) the Saint Clair River; 

16 (iii) the Detroit River; 

17 (iv) the Niagara River; and 

18 (v) the Saint Lawrence River to the 

19 Canadian border. 

20 (5) GREAT LAKES CITY.—The term ‘‘Great 

21 Lakes city’’ means a city located in the watershed 

22 basin of a Great Lake. 

23 (6) GREAT LAKES TRIBE.—The term ‘‘Great 

24 Lakes Tribe’’ means any Indian tribe, band, village, 

25 nation, or other organized group or community in 


cprice-sewell on PROD1PC66 with BILLS
192 

•S 2545 IS

1 the watershed basin of a Great Lake that is recog2 nized by the Bureau of Indian Affairs as eligible for 

3 the special programs and services provided by the 

4 United States to Indians because of their status as 

5 Indians. 

6 (7) SAINT LAWRENCE CITY.—The term ‘‘Saint 

7 Lawrence city’’ means a city located in the water8 shed basin of the Saint Lawrence River. 

9 (8) TASK FORCE.—The term ‘‘Task Force’’ 

10 means the Great Lakes Interagency Task Force es11 tablished by section 802(a). 

12 SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE. 

13 (a) INTERAGENCY COORDINATION.—The Great 

14 Lakes Interagency Task Force, as established by the Ex15 ecutive Order for administrative purposes, is established 

16 as a task force within the Environmental Protection Agen17 cy. 

18 (b) DUTIES.—In addition to the duties described in 

19 the Executive Order, the Task Force shall— 

20 (1) ensure that implementation of programs 

21 and projects under the authority of Task Force 

22 members is coordinated, effective, and cost-efficient; 

23 (2) work in cooperation with Federal agencies 

24 on the development of budgets and financial plans 

25 regarding the Great Lakes for inclusion in annual 


cprice-sewell on PROD1PC66 with BILLS
193 

•S 2545 IS

1 submissions by the President to Congress of the 

2 budget of the United States; and 

3 (3) submit to Congress a biennial report that 

4 describes the projects and activities carried out by 

5 the Collaboration during the 2-year period covered 

6 by the report, including a description of— 

7 (A) any actions that Federal agencies can 

8 take to address the biennial restoration goals; 

9 (B) Federal expenditures to meet the res10 toration goals and the amount of non-Federal 

11 funding leveraged by those Federal expendi12 tures; and 

13 (C) the indicators and monitoring used to 

14 determine whether the goals will be met. 

15 SEC. 803. EXECUTIVE COMMITTEE. 

16 (a) IN GENERAL.—There is established a Great 

17 Lakes Regional Collaboration Executive Committee. 

18 (b) COMPOSITION.—The Executive Committee shall 

19 be composed of— 

20 (1) the Chairperson of the Task Force; 

21 (2) a representative of the Governors of the 

22 Great Lakes States, as agreed upon by the Gov23 ernors; 


cprice-sewell on PROD1PC66 with BILLS
194 

•S 2545 IS

1 (3) a representative of the Great Lakes cities 

2 and Saint Lawrence cities, as agreed upon by the 

3 majority of mayors of those cities; and 

4 (4) a designated representative for the Great 

5 Lakes Tribes, as agreed upon by those Tribes. 

6 (c) DUTIES.—The Executive Committee shall— 

7 (1) hold semiannual public meetings to discuss 

8 Great Lakes restoration goals and progress; 

9 (2) receive input and consider recommendations 

10 from interested parties, including nongovernmental 

11 organizations, industry, and academia, with respect 

12 to proposed recommendations of the Executive Com13 mittee for restoration of the Great Lakes; and 

14 (3) submit to Congress and the Task Force a 

15 biennial report that includes— 

16 (A) an analysis of progress in— 

17 (i) carrying out restoration of the 

18 Great Lakes; and 

19 (ii) meeting the goals and rec20 ommendations in the restoration and pro21 tection strategy developed by the Great 

22 Lakes Regional Collaboration and under 

23 this Act; and 

24 (B) recommendations on future priorities 

25 and actions with respect to that restoration. 


cprice-sewell on PROD1PC66 with BILLS
195 

•S 2545 IS

1 (d) SUBCOMMITTEES.—The members of the Execu2 tive Committee may designate representatives to work as 

3 1 or more subcommittees to provide staff support and oth4 erwise assist in carrying out responsibilities of the Execu5 tive Committee relating to the Collaboration. 

6 SEC. 804. GREAT LAKES REGIONAL COLLABORATION. 

7 (a) IN GENERAL.—There is established the Great 

8 Lakes Regional Collaboration. 

9 (b) COMPOSITION.—The Collaboration shall be com10 posed of— 

11 (1) the members of the Executive Committee; 

12 and 

13 (2) each other individual and entity that noti14 fies the Executive Committee, in writing, of the de15 sire and intent of the individual or entity to partici16 pate in the Collaboration. 

17 (c) DUTIES.—The Collaboration shall— 

18 (1) develop and maintain as current a restora19 tion and protection strategy to provide information 

20 for use in future Great Lakes program implementa21 tion and funding decisions; 

22 (2) serve as a forum for addressing near-term 

23 regional issues relating to ecosystem restoration and 

24 protection of the Great Lakes; and 


cprice-sewell on PROD1PC66 with BILLS
196 

•S 2545 IS

1 (3) establish an oversight forum to coordinate 

2 and enhance implementation of Great Lakes pro3 grams. 

Æ 


cprice-sewell on PROD1PC66 with BILLS