104TH CONGRESS

2D SESSION H. R. 3217

AN ACT

To provide for ballast water management to preand for other purposes. nous species into the waters of the United States, vent the introduction and spread of nonindige-
104TH CONGRESS

2D SESSION H. R. 3217

AN ACT

To provide for ballast water management to prevent the

introduction and spread of nonindigenous species into

the waters of the United States, 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,
2

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1 SECTION 1. SHORT TITLE; REFERENCES.

2 (a) IN GENERAL.—This Act may be cited as the ‘‘Na3 tional Invasive Species Act of 1996’’.

4 (b) REFERENCES.—Whenever in this Act an amend5 ment or repeal is expressed in terms of an amendment

6 to or repeal of a section or other provision, the reference

7 shall be considered to be made to a section or other provi8 sion of the Nonindigenous Aquatic Nuisance Prevention

9 and Control Act of 1990 (16 U.S.C. 4701 et seq.).

10 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC

11 NUISANCE PREVENTION AND CONTROL ACT

12 OF 1990.

13 (a) FINDINGS; DEFINITIONS.—

14 (1) FINDINGS.—Section 1002(a) (16 U.S.C.

15 4701(a)) is amended—

16 (A) by striking paragraphs (2) and (3) and

17 inserting the following new paragraphs:

18 ‘‘(2) when environmental conditions are favor19 able, nonindigenous species become established, may

20 compete with or prey upon native species of plants,

21 fish, and wildlife, may carry diseases or parasites

22 that affect native species, and may disrupt the

23 aquatic environment and economy of affected near24 shore areas;

25 ‘‘(3) the zebra mussel was unintentionally intro26 duced into the Great Lakes and has infested—
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1 ‘‘(A) waters south of the Great Lakes, into

2 a good portion of the Mississippi River drain3 age;

4 ‘‘(B) waters west of the Great Lakes, into

5 the Arkansas River in Oklahoma; and

6 ‘‘(C) waters east of the Great Lakes, into

7 the Hudson River and Lake Champlain;’’;

8 (B) in paragraph (4)—

9 (i) by inserting ‘‘by the zebra mussel

10 and ruffe, round goby, and other non11 indigenous species’’ after ‘‘other species’’;

12 and

13 (ii) by striking ‘‘and’’ at the end;

14 (C) in paragraph (5), by striking the pe15 riod and inserting a semicolon; and

16 (D) by adding at the end the following new

17 paragraphs:

18 ‘‘(6) in 1992, the zebra mussel was discovered

19 at the northernmost reaches of the Chesapeake Bay

20 watershed;

21 ‘‘(7) the zebra mussel poses an imminent risk

22 of invasion in the main waters of the Chesapeake

23 Bay;

24 ‘‘(8) since the Chesapeake Bay is the largest re25 cipient of foreign ballast water on the East Coast,
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1 there is a risk of further invasions of other non2 indigenous species;

3 ‘‘(9) the zebra mussel is only one example of

4 thousands of nonindigenous species that have be5 come established in waters of the United States and

6 may be causing economic and ecological degradation

7 with respect to the natural resources of waters of

8 the United States;

9 ‘‘(10) since their introduction in the early

10 1980’s in ballast water discharges, ruffe—

11 ‘‘(A) have caused severe declines in popu12 lations of other species of fish in Duluth Har13 bor (in Minnesota and Wisconsin);

14 ‘‘(B) have spread to Lake Huron; and

15 ‘‘(C) are likely to spread quickly to most

16 other waters in North America if action is not

17 taken promptly to control their spread;

18 ‘‘(11) examples of nonindigenous species that,

19 as of the date of enactment of the National Invasive

20 Species Act of 1996, infest coastal waters of the

21 United States and that have the potential for caus22 ing adverse economic and ecological effects include—

23 ‘‘(A) the mitten crab (Eriocher sinensis)

24 that has become established on the Pacific

25 Coast;
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1 ‘‘(B) the green crab (Carcinus maenas)

2 that has become established in the coastal wa3 ters of the Atlantic Ocean;

4 ‘‘(C) the brown mussel (Perna perna) that

5 has become established along the Gulf of Mex6 ico; and

7 ‘‘(D) certain shellfish pathogens;

8 ‘‘(12) many aquatic nuisance vegetation species,

9 such as Eurasian watermilfoil, hydrilla, water hya10 cinth, and water chestnut, have been introduced to

11 waters of the United States from other parts of the

12 world causing or having a potential to cause adverse

13 environmental, ecological, and economic effects;

14 ‘‘(13) if preventive management measures are

15 not taken nationwide to prevent and control uninten16 tionally introduced nonindigenous aquatic species in

17 a timely manner, further introductions and infesta18 tions of species that are as destructive as, or more

19 destructive than, the zebra mussel or the ruffe infes20 tations may occur;

21 ‘‘(14) once introduced into waters of the United

22 States, aquatic nuisance species are unintentionally

23 transported and introduced into inland lakes and

24 rivers by recreational boaters, commercial barge

25 traffic, and a variety of other pathways; and
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1 ‘‘(15) resolving the problems associated with

2 aquatic nuisance species will require the participa3 tion and cooperation of the Federal Government and

4 State governments, and investment in the develop5 ment of prevention technologies.’’.

6 (2) DEFINITIONS.—Section 1003 (16 U.S.C.

7 4702) is amended—

8 (A) by striking paragraph (1) and redesig9 nating paragraphs (2) through (8) as para10 graphs (1) through (7), respectively;

11 (B) in paragraph (2), as redesignated by

12 subparagraph (A) of this paragraph, by striking

13 ‘‘assistant Secretary’’ and inserting ‘‘Assistant

14 Secretary’’;

15 (C) by redesignating paragraphs (9)

16 through (15) as paragraphs (11) through (17),

17 respectively; and

18 (D) by inserting after paragraph (7), as

19 redesignated by subparagraph (A) of this para20 graph, the following:

21 ‘‘(8) ‘Great Lakes region’ means the 8 States

22 that border on the Great Lakes;

23 ‘‘(9) ‘Indian tribe’ means any Indian tribe,

24 band, nation, or other organized group or commu25 nity, including any Alaska Native village or regional
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1 corporation (as defined in or established pursuant to

2 the Alaska Native Claims Settlement Act (43 U.S.C.

3 1601 et seq.)) that is recognized as eligible for the

4 special programs and services provided by the Unit5 ed States to Indians because of their status as Indi6 ans;

7 ‘‘(10) ‘interstate organization’ means an en8 tity—

9 ‘‘(A) established by—

10 ‘‘(i) an interstate compact that is ap11 proved by Congress;

12 ‘‘(ii) a Federal statute; or

13 ‘‘(iii) a treaty or other international

14 agreement with respect to which the Unit15 ed States is a party; and

16 ‘‘(B)(i) that represents 2 or more—

17 ‘‘(I) States or political subdivisions

18 thereof; or

19 ‘‘(II) Indian tribes; or

20 ‘‘(ii) that represents—

21 ‘‘(I) 1 or more States or political sub22 divisions thereof; and

23 ‘‘(II) 1 or more Indian tribes; or

24 ‘‘(iii) that represents the Federal Govern25 ment and 1 or more foreign governments; and
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1 ‘‘(C) has jurisdiction over, serves as forum

2 for coordinating, or otherwise has a role or re3 sponsibility for the management of, any land or

4 other natural resource;’’.

5 (b) AQUATIC NUISANCE SPECIES CONTROL PRO6 GRAM.—

7 (1) AMENDMENT TO HEADING.—The heading

8 to subtitle B (16 U.S.C. 4711 et seq.) is amended

9 to read as follows:

10 ‘‘Subtitle B—Prevention of Unin11 tentional Introductions of Non12 indigenous Aquatic Species’’.

13 (2) AQUATIC NUISANCE SPECIES.—Section

14 1101 (16 U.S.C. 4711) is amended to read as fol15 lows:

16 ‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF

17 THE UNITED STATES.

18 ‘‘(a) GREAT LAKES GUIDELINES.—

19 ‘‘(1) IN GENERAL.—Not later than 6 months

20 after the date of enactment of this Act, the Sec21 retary shall issue voluntary guidelines to prevent the

22 introduction and spread of aquatic nuisance species

23 into the Great Lakes through the exchange of bal24 last water of vessels prior to entering those waters.
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1 ‘‘(2) CONTENT OF GUIDELINES.—The guide2 lines issued under this subsection shall—

3 ‘‘(A) ensure to the maximum extent prac4 ticable that ballast water containing aquatic

5 nuisance species is not discharged into the

6 Great Lakes;

7 ‘‘(B) protect the safety of—

8 ‘‘(i) each vessel; and

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

10 vessel;

11 ‘‘(C) take into consideration different ves12 sel operating conditions; and

13 ‘‘(D) be based on the best scientific infor14 mation available.

15 ‘‘(b) REGULATIONS.—

16 ‘‘(1) IN GENERAL.—Not later than 2 years

17 after the date of enactment of this Act, the Sec18 retary, in consultation with the Task Force, shall

19 issue regulations to prevent the introduction and

20 spread of aquatic nuisance species into the Great

21 Lakes through the ballast water of vessels.

22 ‘‘(2) CONTENT OF REGULATIONS.—The regula23 tions issued under this subsection shall—

24 ‘‘(A) apply to all vessels equipped with bal25 last water tanks that enter a United States port
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1 on the Great Lakes after operating on the wa2 ters beyond the exclusive economic zone;

3 ‘‘(B) require a vessel to—

4 ‘‘(i) carry out exchange of ballast

5 water on the waters beyond the exclusive

6 economic zone prior to entry into any port

7 within the Great Lakes;

8 ‘‘(ii) carry out an exchange of ballast

9 water in other waters where the exchange

10 does not pose a threat of infestation or

11 spread of aquatic nuisance species in the

12 Great Lakes and other waters of the Unit13 ed States, as recommended by the Task

14 Force under section 1102(a)(1); or

15 ‘‘(iii) use environmentally sound alter16 native ballast water management methods

17 if the Secretary determines that such alter18 native methods are as effective as ballast

19 water exchange in preventing and control20 ling infestations of aquatic nuisance spe21 cies;

22 ‘‘(C) not affect or supersede any require23 ments or prohibitions pertaining to the dis24 charge of ballast water into waters of the Unit-
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1 ed States under the Federal Water Pollution

2 Control Act (33 U.S.C. 1251 et seq.);

3 ‘‘(D) provide for sampling procedures to

4 monitor compliance with the requirements of

5 the regulations;

6 ‘‘(E) prohibit the operation of a vessel in

7 the Great Lakes if the master of the vessel has

8 not certified to the Secretary or the Secretary’s

9 designee by not later than the departure of that

10 vessel from the first lock in the St. Lawrence

11 Seaway that the vessel has complied with the

12 requirements of the regulations;

13 ‘‘(F) protect the safety of—

14 ‘‘(i) each vessel; and

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

16 vessel;

17 ‘‘(G) take into consideration different oper18 ating conditions; and

19 ‘‘(H) be based on the best scientific infor20 mation available.

21 ‘‘(3) ADDITIONAL REGULATIONS.—In addition

22 to promulgating regulations under paragraph (1),

23 the Secretary, in consultation with the Task Force,

24 shall, not later than November 4, 1994, issue regula25 tions to prevent the introduction and spread of
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1 aquatic nuisance species into the Great Lakes

2 through ballast water carried on vessels that enter

3 a United States port on the Hudson River north of

4 the George Washington Bridge.

5 ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE

6 PROGRAMS.—The Secretary may carry out education

7 and technical assistance programs and other meas8 ures to promote compliance with the regulations is9 sued under this subsection.

10 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

11 ‘‘(1) IN GENERAL.—Not later than 1 year after

12 the date of enactment of the National Invasive Spe13 cies Act of 1996, and after providing notice and an

14 opportunity for public comment, the Secretary shall

15 issue voluntary guidelines to prevent the introduc16 tion and spread of nonindigenous species in waters

17 of the United States by ballast water operations and

18 other operations of vessels equipped with ballast

19 water tanks.

20 ‘‘(2) CONTENT OF GUIDELINES.—The voluntary

21 guidelines issued under this subsection shall—

22 ‘‘(A) ensure to the maximum extent prac23 ticable that aquatic nuisance species are not

24 discharged into waters of the United States

25 from vessels;
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1 ‘‘(B) apply to all vessels equipped with bal2 last water tanks that operate in waters of the

3 United States;

4 ‘‘(C) protect the safety of—

5 ‘‘(i) each vessel; and

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

7 vessel;

8 ‘‘(D) direct a vessel that is carrying ballast

9 water into waters of the United States after op10 erating beyond the exclusive economic zone to—

11 ‘‘(i) carry out the exchange of ballast

12 water of the vessel in waters beyond the

13 exclusive economic zone;

14 ‘‘(ii) exchange the ballast water of the

15 vessel in other waters where the exchange

16 does not pose a threat of infestation or

17 spread of nonindigenous species in waters

18 of the United States, as recommended by

19 the Task Force under section 1102(a)(1);

20 or

21 ‘‘(iii) use environmentally sound alter22 native ballast water management methods,

23 including modification of the vessel ballast

24 water tanks and intake systems, if the Sec25 retary determines that such alternative
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1 methods are at least as effective as ballast

2 water exchange in preventing and control3 ling infestations of aquatic nuisance spe4 cies;

5 ‘‘(E) direct vessels to carry out manage6 ment practices that the Secretary determines to

7 be necessary to reduce the probability of unin8 tentional nonindigenous species transfer result9 ing from—

10 ‘‘(i) ship operations other than ballast

11 water discharge; and

12 ‘‘(ii) ballasting practices of vessels

13 that enter waters of the United States with

14 no ballast water on board;

15 ‘‘(F) provide for the keeping of records

16 that shall be submitted to the Secretary, as pre17 scribed by the guidelines, and that shall be

18 maintained on board each vessel and made

19 available for inspection, upon request of the

20 Secretary and in a manner consistent with sub21 section (i), in order to enable the Secretary to

22 determine compliance with the guidelines, in23 cluding—

24 ‘‘(i) with respect to each ballast water

25 exchange referred to in clause (ii), report-
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1 ing on the precise location and thorough2 ness of the exchange; and

3 ‘‘(ii) any other information that the

4 Secretary considers necessary to assess the

5 rate of effective compliance with the guide6 lines;

7 ‘‘(G) provide for sampling procedures to

8 monitor compliance with the guidelines;

9 ‘‘(H) take into consideration—

10 ‘‘(i) vessel types;

11 ‘‘(ii) variations in the characteristics

12 of point of origin and receiving water bod13 ies;

14 ‘‘(iii) variations in the ecological con15 ditions of waters and coastal areas of the

16 United States; and

17 ‘‘(iv) different operating conditions;

18 ‘‘(I) be based on the best scientific infor19 mation available;

20 ‘‘(J) not affect or supersede any require21 ments or prohibitions pertaining to the dis22 charge of ballast water into waters of the Unit23 ed States under the Federal Water Pollution

24 Control Act (33 U.S.C. 1251 et seq.); and
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1 ‘‘(K) provide an exemption from ballast

2 water exchange requirements to passenger ves3 sels with operating ballast water systems that

4 are equipped with treatment systems designed

5 to kill aquatic organisms in ballast water, un6 less the Secretary determines that such treat7 ment systems are less effective than ballast

8 water exchange at reducing the risk of transfers

9 of invasive species in the ballast water of pas10 senger vessels; and

11 ‘‘(L) not apply to crude oil tankers en12 gaged in the coastwise trade.

13 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

14 PROGRAMS.—Not later than 1 year after the date of

15 enactment of the National Invasive Species Act of

16 1996, the Secretary shall carry out education and

17 technical assistance programs and other measures to

18 encourage compliance with the guidelines issued

19 under this subsection.

20 ‘‘(d) REPORT TO CONGRESS.—Not sooner than 24

21 months after the date of issuance of guidelines pursuant

22 to subsection (c) and not later than 30 months after such

23 date, and after consultation with interested and affected

24 persons, the Secretary shall prepare and submit to Con-
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1 gress a report containing the information required pursu2 ant to paragraphs (1) and (2) of subsection (e).

3 ‘‘(e) PERIODIC REVIEW AND REVISION.—

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

5 after the date of issuance of guidelines pursuant to

6 subsection (c), and not less frequently than every 3

7 years thereafter, the Secretary shall, in accordance

8 with criteria developed by the Task Force under

9 paragraph (3)—

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

11 the voluntary guidelines issued under subsection

12 (c) and the regulations promulgated under this

13 Act;

14 ‘‘(B) establish the rate of compliance that

15 is based on the assessment under subparagraph

16 (A);

17 ‘‘(C) assess the effectiveness of the vol18 untary guidelines and regulations referred to in

19 subparagraph (A) in reducing the introduction

20 and spread of aquatic nuisance species by ves21 sels; and

22 ‘‘(D) as necessary, on the basis of the best

23 scientific information available—

24 ‘‘(i) revise the guidelines and regula25 tions referred to in subparagraph (A);
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1 ‘‘(ii) promulgate additional regulations

2 pursuant to subsection (f)(1); or

3 ‘‘(iii) carry out each of clauses (i) and

4 (ii).

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

6 later than 90 days after the Task Force makes a re7 quest to the Secretary for a special review and revi8 sion for coastal and inland waterways designated by

9 the Task Force, the Secretary shall—

10 ‘‘(A) conduct a special review of guidelines

11 and regulations applicable to those waterways

12 in accordance with the review procedures under

13 paragraph (1); and

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

15 provided under paragraph (1)(D)—

16 ‘‘(i) revise those guidelines;

17 ‘‘(ii) promulgate additional regulations

18 pursuant to subsection (f)(1); or

19 ‘‘(iii) carry out each of clauses (i) and

20 (ii).

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

22 later than 18 months after the date of enactment of

23 the National Invasive Species Act of 1996, the Task

24 Force shall submit to the Secretary criteria for de-
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1 termining the adequacy and effectiveness of the vol2 untary guidelines issued under subsection (c).

3 ‘‘(f) AUTHORITY OF SECRETARY.—

4 ‘‘(1) GENERAL REGULATIONS.—If, on the basis

5 of a periodic review conducted under subsection

6 (e)(1) or a special review conducted under sub7 section (e)(2), the Secretary determines that—

8 ‘‘(A) the rate of effective compliance (as

9 determined by the Secretary) with the guide10 lines issued pursuant to subsection (c) is inad11 equate; or

12 ‘‘(B) the reporting by vessels pursuant to

13 those guidelines is not adequate for the Sec14 retary to assess the compliance with those

15 guidelines and provide a rate of compliance of

16 vessels, including the assessment of the rate of

17 compliance of vessels under subsection (e)(2),

18 the Secretary shall promptly promulgate regulations

19 that meet the requirements of paragraph (2).

20 ‘‘(2) REQUIREMENTS FOR REGULATIONS.—The

21 regulations promulgated by the Secretary under

22 paragraph (1)—

23 ‘‘(A) shall—

24 ‘‘(i) not be promulgated sooner than

25 180 days following the issuance of the re-
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1 port to Congress submitted pursuant to

2 subsection (d);

3 ‘‘(ii) make mandatory the require4 ments included in the voluntary guidelines

5 issued under subsection (c); and

6 ‘‘(iii) provide for the enforcement of

7 the regulations; and

8 ‘‘(B) may be regional in scope.

9 ‘‘(3) INTERNATIONAL REGULATIONS.—The Sec10 retary shall revise regulations promulgated under

11 this subsection to the extent required to make such

12 regulations consistent with the treatment of a par13 ticular matter in any international agreement,

14 agreed to by the United States, governing manage15 ment of the transfer of nonindigenous aquatic spe16 cies by vessel.

17 ‘‘(g) SANCTIONS.—

18 ‘‘(1) CIVIL PENALTIES.—Any person who vio19 lates a regulation promulgated under subsection (b)

20 or (f) shall be liable for a civil penalty in an amount

21 not to exceed $25,000. Each day of a continuing vio22 lation constitutes a separate violation. A vessel oper23 ated in violation of the regulations is liable in rem

24 for any civil penalty assessed under this subsection

25 for that violation.
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1 ‘‘(2) CRIMINAL PENALTIES.—Any person who

2 knowingly violates the regulations promulgated

3 under subsection (b) or (f) is guilty of a class C fel4 ony.

5 ‘‘(3) REVOCATION OF CLEARANCE.—Upon re6 quest of the Secretary, the Secretary of the Treasury

7 shall withhold or revoke the clearance of a vessel re8 quired by section 4197 of the Revised Statutes (46

9 U.S.C. App. 91), if the owner or operator of that

10 vessel is in violation of the regulations issued under

11 subsection (b) or (f).

12 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub13 section does not apply to a failure to exchange bal14 last water if—

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

16 faith, decides that the exchange of ballast water

17 will threaten the safety or stability of the vessel,

18 its crew, or its passengers; and

19 ‘‘(B) the recordkeeping and reporting re20 quirements of the Act are complied with.

21 ‘‘(h) COORDINATION WITH OTHER AGENCIES.—In

22 carrying out the programs under this section, the Sec23 retary is encouraged to use, to the maximum extent prac24 ticable, the expertise, facilities, members, or personnel of

25 established agencies and organizations that have routine
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1 contact with vessels, including the Animal and Plant

2 Health Inspection Service of the Department of Agri3 culture, the National Cargo Bureau, port administrations,

4 and ship pilots’ associations.

5 ‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND

6 OTHER FOREIGN GOVERNMENTS.—In developing the

7 guidelines issued and regulations promulgated under this

8 section, the Secretary is encouraged to consult with the

9 Government of Canada, the Government of Mexico, and

10 any other government of a foreign country that the Sec11 retary, in consultation with the Task Force, determines

12 to be necessary to develop and implement an effective

13 international program for preventing the unintentional in14 troduction and spread of nonindigenous species.

15 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec16 retary, in cooperation with the International Maritime Or17 ganization of the United Nations and the Commission on

18 Environmental Cooperation established pursuant to the

19 North American Free Trade Agreement, is encouraged to

20 enter into negotiations with the governments of foreign

21 countries to develop and implement an effective inter22 national program for preventing the unintentional intro23 duction and spread of nonindigenous species.

24 ‘‘(k) SAFETY EXEMPTION.—
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1 ‘‘(1) MASTER DISCRETION.—The master of a

2 vessel is not required to conduct a ballast water ex3 change if the master decides that the exchange

4 would threaten the safety or stability of the vessel,

5 its crew, or its passengers because of adverse weath6 er, vessel architectural design, equipment failure, or

7 any other extraordinary conditions.

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

9 does not exchange ballast water on the high seas

10 under paragraph (1) shall not be restricted from dis11 charging ballast water in any harbor unless the Sec12 retary issues requirements applicable to such vessel

13 under subsection (b)(2)(B)(ii), (b)(2)(B)(iii),

14 (c)(2)(D)(ii), or (c)(2)(D)(iii).

15 ‘‘(l) NON-DISCRIMINATION.—The Secretary shall en16 sure that vessels registered outside of the United States

17 do not receive more favorable treatment than vessels reg18 istered in the United States when the Secretary performs

19 studies, reviews compliance, determines effectiveness, es20 tablishes requirements, or performs any other responsibil21 ities under this Act.’’.

22 (c) NATIONAL BALLAST WATER MANAGEMENT IN23 FORMATION.—Section 1102 (16 U.S.C. 4712) is amend24 ed—
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1 (1) by striking the section heading and insert2 ing the following:

3 ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN4 FORMATION.’’;

5 (2) in subsection (a)—

6 (A) in paragraphs (1) and (2), by inserting

7 ‘‘, in cooperation with the Secretary,’’ before

8 ‘‘shall conduct’’ each place it appears;

9 (B) in paragraph (2), by inserting ‘‘Lake

10 Champlain and other’’ after ‘‘economic uses

11 of’’;

12 (3) by striking subsection (b) and inserting the

13 following:

14 ‘‘(b) ECOLOGICAL AND BALLAST WATER DISCHARGE

15 SURVEYS.—

16 ‘‘(1) ECOLOGICAL SURVEYS.—

17 ‘‘(A) IN GENERAL.—The Task Force, in

18 cooperation with the Secretary, shall conduct

19 ecological surveys of the Chesapeake Bay, San

20 Francisco Bay, and Honolulu Harbor and, as

21 necessary, of other estuaries of national signifi22 cance and other waters that the Task Force de23 termines—

24 ‘‘(i) to be highly susceptible to inva25 sion by aquatic nuisance species resulting
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1 from ballast water operations and other

2 operations of vessels; and

3 ‘‘(ii) to require further study.

4 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

5 conducting the surveys under this paragraph,

6 the Task Force shall, with respect to each such

7 survey—

8 ‘‘(i) examine the attributes and pat9 terns of invasions of aquatic nuisance spe10 cies; and

11 ‘‘(ii) provide an estimate of the effec12 tiveness of ballast water management and

13 other vessel management guidelines issued

14 and regulations promulgated under this

15 subtitle in abating invasions of aquatic nui16 sance species in the waters that are the

17 subject of the survey.

18 ‘‘(2) BALLAST WATER DISCHARGE SURVEYS.—

19 ‘‘(A) IN GENERAL.—The Secretary, in co20 operation with the Task Force, shall conduct

21 surveys of ballast water discharge rates and

22 practices in the waters referred to in paragraph

23 (1)(A) on the basis of the criteria under clauses

24 (i) and (ii) of such paragraph.
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1 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

2 conducting the surveys under this paragraph,

3 the Secretary shall—

4 ‘‘(i) examine the rate of, and trends

5 in, ballast water discharge in the waters

6 that are the subject of the survey; and

7 ‘‘(ii) assess the effectiveness of vol8 untary guidelines issued, and regulations

9 promulgated, under this subtitle in altering

10 ballast water discharge practices to reduce

11 the probability of accidental introductions

12 of aquatic nuisance species.

13 ‘‘(3) COLUMBIA RIVER.—The Secretary, in co14 operation with the Task Force and academic institu15 tions in each of the States affected, shall conduct an

16 ecological and ballast water discharge survey of the

17 Columbia River system consistent with the require18 ments of paragraphs (1) and (2).’’; and

19 (4) by adding at the end the following new sub20 sections:

21 ‘‘(e) REGIONAL RESEARCH GRANTS.—Out of

22 amounts appropriated to carry out this subsection for a

23 fiscal year, the Under Secretary shall—

24 ‘‘(1) make available not to exceed $750,000 to

25 fund research on aquatic nuisance species prevention
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1 and control in the Chesapeake Bay through grants,

2 to be competitively awarded and subject to peer re3 view, to universities and research institutions;

4 ‘‘(2) make available not to exceed $500,000 to

5 fund research on aquatic nuisance species prevention

6 and control in the Gulf of Mexico through grants, to

7 be competitively awarded and subject to peer review,

8 to universities and research institutions;

9 ‘‘(3) make available not to exceed $500,000 to

10 fund research on aquatic nuisance species prevention

11 and control for the Pacific Coast through grants, to

12 be competitively awarded and subject to peer review,

13 to universities and research institutions;

14 ‘‘(4) make available not to exceed $500,000 to

15 fund research on aquatic nuisance species prevention

16 and control for the Atlantic Coast through grants, to

17 be competitively awarded and subject to peer review,

18 to universities and research institutions; and

19 ‘‘(5) make available not to exceed $750,000 to

20 fund research on aquatic nuisance species prevention

21 and control in the San Francisco Bay-Delta Estuary

22 through grants, to be competitively awarded and

23 subject to peer review, to universities and research

24 institutions.
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1 ‘‘(f) NATIONAL BALLAST INFORMATION CLEARING2 HOUSE.—

3 ‘‘(1) IN GENERAL.—The Secretary shall develop

4 and maintain, in consultation and cooperation with

5 the Task Force and the Smithsonian Institution

6 (acting through the Smithsonian Environmental Re7 search Center), a clearinghouse of national data con8 cerning—

9 ‘‘(A) ballasting practices;

10 ‘‘(B) compliance with the guidelines issued

11 pursuant to section 1101(c); and

12 ‘‘(C) any other information obtained by the

13 Task Force under subsection (b).

14 ‘‘(2) REPORT.—In consultation and cooperation

15 with the Task Force and the Smithsonian Institu16 tion (acting through the Smithsonian Environmental

17 Research Center), the Secretary shall prepare and

18 submit to the Task Force and the Congress, on a bi19 annual basis, a report that synthesizes and analyzes

20 the data referred to in paragraph (1) relating to—

21 ‘‘(A) ballast water delivery and manage22 ment; and

23 ‘‘(B) invasions of aquatic nuisance species

24 resulting from ballast water.’’.
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•HR 3217 EH

1 (d) ARMED SERVICES BALLAST WATER PROGRAM;

2 BALLAST WATER MANAGEMENT DEMONSTRATION PRO3 GRAM.—Subtitle B (16 U.S.C. 4701 et seq.) is amended

4 by adding at the end the following new sections:

5 ‘‘SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

6 ‘‘(a) DEPARTMENT OF DEFENSE VESSELS.—Subject

7 to operational conditions, the Secretary of Defense, in con8 sultation with the Secretary, the Task Force, and the

9 International Maritime Organization, shall implement a

10 ballast water management program for seagoing vessels

11 of the Department of Defense to minimize the risk of in12 troduction of nonindigenous species from releases of bal13 last water.

14 ‘‘(b) COAST GUARD VESSELS.—Subject to oper15 ational conditions, the Secretary, in consultation with the

16 Task Force and the International Maritime Organization,

17 shall implement a ballast water management program for

18 seagoing vessels of the Coast Guard to minimize the risk

19 of introduction of nonindigenous species from releases of

20 ballast water.

21 ‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRA22 TION PROGRAM.

23 ‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—

24 For purposes of this section, the term ‘technologies and

25 practices’ means those technologies and practices that—
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•HR 3217 EH

1 ‘‘(1) may be retrofitted—

2 ‘‘(A) on existing vessels or incorporated in

3 new vessel designs; and

4 ‘‘(B) on existing land-based ballast water

5 treatment facilities;

6 ‘‘(2) may be designed into new water treatment

7 facilities;

8 ‘‘(3) are operationally practical;

9 ‘‘(4) are safe for a vessel and crew;

10 ‘‘(5) are environmentally sound;

11 ‘‘(6) are cost-effective;

12 ‘‘(7) a vessel operator is capable of monitoring;

13 and

14 ‘‘(8) are effective against a broad range of

15 aquatic nuisance species.

16 ‘‘(b) DEMONSTRATION PROGRAM.—

17 ‘‘(1) IN GENERAL.—During the 18-month pe18 riod beginning on the date that funds are made

19 available by appropriations pursuant to section

20 1301(e), the Secretary of the Interior and the Sec21 retary of Commerce, with the concurrence of and in

22 cooperation with the Secretary, shall conduct a bal23 last water management demonstration program to

24 demonstrate technologies and practices to prevent

25 aquatic nonindigenous species from being introduced
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•HR 3217 EH

1 into and spread through ballast water in the Great

2 Lakes and other waters of the United States.

3 ‘‘(2) LOCATION.—The installation and con4 struction of the technologies and practices used in

5 the demonstration program conducted under this

6 subsection shall be performed in the United States.

7 ‘‘(3) VESSEL SELECTION.—In demonstrating

8 technologies and practices on vessels under this sub9 section, the Secretary of the Interior and the Sec10 retary of Commerce, shall—

11 ‘‘(A) use only vessels that—

12 ‘‘(i) are approved by the Secretary;

13 ‘‘(ii) have ballast water systems con14 ducive to testing aboard-vessel or land15 based technologies and practices applicable

16 to a significant number of merchant ves17 sels; and

18 ‘‘(iii) are—

19 ‘‘(I) publicly or privately owned;

20 and

21 ‘‘(II) in active use for trade or

22 other cargo shipment purposes during

23 the demonstration;

24 ‘‘(B) select vessels for participation in the

25 program by giving priority consideration—
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•HR 3217 EH

1 ‘‘(i) first, to vessels documented under

2 chapter 121 of title 46, United States

3 Code;

4 ‘‘(ii) second, to vessels that are a ma5 jority owned by citizens of the United

6 States, as determined by the Secretary;

7 and

8 ‘‘(iii) third, to any other vessels that

9 regularly call on ports in the United

10 States; and

11 ‘‘(C) seek to use a variety of vessel types,

12 including vessels that—

13 ‘‘(i) call on ports in the United States

14 and on the Great Lakes; and

15 ‘‘(ii) are operated along major coasts

16 of the United States and inland waterways,

17 including the San Francisco Bay and

18 Chesapeake Bay.

19 ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC20 TICES.—In selecting technologies and practices for

21 demonstration under this subsection, the Secretary

22 of the Interior and the Secretary of Commerce shall

23 give priority consideration to technologies and prac24 tices identified as promising by the National Re25 search Council Marine Board of the National Acad-
33

•HR 3217 EH

1 emy of Sciences in its report on ships’ ballast water

2 operations issued in July 1996.

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

4 date of enactment of the National Invasive Species

5 Act of 1996, the Secretary of the Interior and the

6 Secretary of Commerce shall prepare and submit a

7 report to the Congress on the demonstration pro8 gram conducted pursuant to this section. The report

9 shall include findings and recommendations of the

10 Secretary of the Interior and the Secretary of Com11 merce concerning technologies and practices.

12 ‘‘(c) AUTHORITIES; CONSULTATION AND COOPERA13 TION WITH INTERNATIONAL MARITIME ORGANIZATION

14 AND TASK FORCE.—

15 ‘‘(1) AUTHORITIES.—In conducting the dem16 onstration program under subsection (b), the Sec17 retary of the Interior may—

18 ‘‘(A) enter into cooperative agreements

19 with appropriate officials of other agencies of

20 the Federal Government, agencies of States and

21 political subdivisions thereof, and private enti22 ties;

23 ‘‘(B) accept funds, facilities, equipment, or

24 personnel from other Federal agencies; and
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•HR 3217 EH

1 ‘‘(C) accept donations of property and

2 services.

3 ‘‘(2) CONSULTATION AND COOPERATION.—The

4 Secretary of the Interior shall consult and cooperate

5 with the International Maritime Organization and

6 the Task Force in carrying out this section.’’.

7 (e) AMENDMENTS TO SUBTITLE C.—

8 (1) SUBTITLE HEADING.—The heading to sub9 title C (16 U.S.C. 4721 et seq.) is amended to read

10 as follows:

11 ‘‘Subtitle C—Prevention and Con12 trol of Aquatic Nuisance Species

13 Dispersal’’.

14 (2) TASK FORCE.—Section 1201 (16 U.S.C.

15 4721) is amended—

16 (A) in subsection (b)—

17 (i) by striking ‘‘and’’ at the end of

18 paragraph (5);

19 (ii) by redesignating paragraph (6) as

20 paragraph (7); and

21 (iii) by inserting after paragraph (5)

22 the following new paragraph:

23 ‘‘(6) the Secretary of Agriculture; and’’; and

24 (B) in subsection (c), by inserting ‘‘the

25 Chesapeake Bay Program, the San Francisco
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•HR 3217 EH

1 Bay-Delta Estuary Program,’’ before ‘‘and

2 State agencies’’.

3 (3) RESEARCH PROGRAM.—Section 1202 (16

4 U.S.C. 4722) is amended—

5 (A) in subsection (f)(1)(A), by inserting

6 ‘‘and impacts’’ after ‘‘economic risks’’; and

7 (B) in subsection (i)—

8 (i) in paragraph (1)—

9 (I) by striking ‘‘(1) IN GEN10 ERAL.—The Task Force’’ and insert11 ing the following:

12 ‘‘(1) ZEBRA MUSSEL.—

13 ‘‘(A) IN GENERAL.—The Task Force’’;

14 (II) by striking ‘‘(A) research’’

15 and inserting the following:

16 ‘‘(i) research’’;

17 (III) by striking ‘‘(B) tracking’’

18 and inserting the following:

19 ‘‘(ii) tracking’’;

20 (IV) by striking ‘‘(C) develop21 ment’’ and inserting the following:

22 ‘‘(iii) development’’; and

23 (V) by striking ‘‘(D) provision’’

24 and inserting the following:

25 ‘‘(iv) provision’’;
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•HR 3217 EH

1 (ii) in paragraph (2), by striking ‘‘(2)

2 PUBLIC FACILITY RESEARCH AND DEVEL3 OPMENT.—’’ and inserting the following:

4 ‘‘(B) PUBLIC FACILITY RESEARCH AND

5 DEVELOPMENT.—’’;

6 (iii) in subparagraph (B) of para7 graph (1), as so redesignated, by striking

8 the first sentence and inserting the follow9 ing: ‘‘The Assistant Secretary, in consulta10 tion with the Task Force, shall develop a

11 program of research, technology develop12 ment, and demonstration for the environ13 mentally sound control of zebra mussels in

14 and around public facilities.’’;

15 (iv) in paragraph (1), by adding after

16 subparagraph (B), as so redesignated, the

17 following new subparagraph:

18 ‘‘(C) VOLUNTARY GUIDELINES.—Not later

19 than 1 year after the date of enactment of this

20 subparagraph, the Task Force shall develop and

21 submit to the Secretary voluntary guidelines for

22 controlling the spread of the zebra mussel and,

23 if appropriate, other aquatic nuisance species

24 through recreational activities, including boat25 ing and fishing. Not later than 4 months after
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•HR 3217 EH

1 the date of such submission, and after provid2 ing notice and an opportunity for public com3 ment, the Secretary shall issue voluntary guide4 lines that are based on the guidelines developed

5 by the Task Force under this subparagraph.’’;

6 and

7 (v) by adding at the end the following

8 new paragraphs:

9 ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—

10 ‘‘(A) RESEARCH.—The Administrator of

11 the Environmental Protection Agency, in co12 operation with the National Science Foundation

13 and the Task Force, shall provide research

14 grants on a competitive basis for projects

15 that—

16 ‘‘(i) identify environmentally sound

17 methods for controlling the dispersal of

18 aquatic nuisance species, such as the zebra

19 mussel; and

20 ‘‘(ii) adhere to research protocols de21 veloped pursuant to subsection (f)(2).

22 ‘‘(B) AUTHORIZATION OF APPROPRIA23 TIONS.—There are authorized to be appro24 priated to the Environmental Protection Agency

25 to carry out this paragraph, $500,000.
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•HR 3217 EH

1 ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—

2 ‘‘(A) IN GENERAL.—The Assistant Sec3 retary, in consultation with the Task Force,

4 shall investigate and identify environmentally

5 sound methods for preventing and reducing the

6 dispersal of aquatic nuisance species between

7 the Great Lakes-Saint Lawrence drainage and

8 the Mississippi River drainage through the Chi9 cago River Ship and Sanitary Canal, including

10 any of those methods that could be incorporated

11 into the operation or construction of the lock

12 system of the Chicago River Ship and Sanitary

13 Canal.

14 ‘‘(B) REPORT.—Not later than 18 months

15 after the date of enactment of this paragraph,

16 the Assistant Secretary shall issue a report to

17 the Congress that includes recommendations

18 concerning—

19 ‘‘(i) which of the methods that are

20 identified under the study conducted under

21 this paragraph are most promising with re22 spect to preventing and reducing the dis23 persal of aquatic nuisance species; and

24 ‘‘(ii) ways to incorporate those meth25 ods into ongoing operations of the United
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•HR 3217 EH

1 States Army Corps of Engineers that are

2 conducted at the Chicago River Ship and

3 Sanitary Canal.

4 ‘‘(C) AUTHORIZATION OF APPROPRIA5 TIONS.—There are authorized to be appro6 priated to the Department of the Army, to

7 carry out this paragraph, $750,000.

8 ‘‘(4) CONTRIBUTIONS.—To the extent allowable

9 by law, in carrying out the studies under paragraphs

10 (2) and (3), the Administrator of the Environmental

11 Protection Agency and the Secretary of the Army

12 may enter into an agreement with an interested

13 party under which that party provides in kind or

14 monetary contributions for the study.

15 ‘‘(5) TECHNICAL ASSISTANCE.—The Great

16 Lakes Environmental Research Laboratory of the

17 National Oceanic and Atmospheric Administration

18 shall provide technical assistance to appropriate enti19 ties to assist in the research conducted pursuant to

20 this subsection.’’.

21 (4) IMPLEMENTATION.—Section 1202(j)(1) (16

22 U.S.C. 4722(j)(1)) is amended by striking ‘‘Not

23 later than 18 months after the date of the enact24 ment of this Act, the Director’’ and inserting ‘‘The

25 Director, the Secretary,’’.
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•HR 3217 EH

1 (5) REGIONAL COORDINATION.—Section 1203

2 (16 U.S.C. 4723) is amended—

3 (A) by striking the section heading and in4 serting the following:

5 ‘‘SEC. 1203. REGIONAL COORDINATION.’’;

6 (B) in subsection (a)—

7 (i) by striking ‘‘(a) IN GENERAL.—

8 Not’’ and inserting the following:

9 ‘‘(a) GREAT LAKES PANEL.—

10 ‘‘(1) IN GENERAL.—Not’’;

11 (ii) by striking ‘‘(1) identify’’ and in12 serting the following:

13 ‘‘(A) identify’’;

14 (iii) by striking ‘‘(2) make’’ and in15 serting the following:

16 ‘‘(B) make’’;

17 (iv) by striking ‘‘(3) assist’’ and in18 serting the following:

19 ‘‘(C) assist’’;

20 (v) by striking ‘‘(4) coordinate’’ and

21 inserting the following:

22 ‘‘(D) coordinate’’;

23 (vi) by striking ‘‘(5) provide’’ and in24 serting the following:

25 ‘‘(E) provide’’;
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•HR 3217 EH

1 (vii) by striking ‘‘(6) submit’’ and in2 serting the following:

3 ‘‘(F) submit’’;

4 (viii) in paragraph (1), as so redesig5 nated—

6 (I) in the matter preceding sub7 paragraph (A), by inserting ‘‘region’’

8 before ‘‘representatives’’; and

9 (II) in subparagraphs (A)

10 through (F), by striking ‘‘Great

11 Lakes’’ each place it appears and in12 serting ‘‘Great Lakes region’’;

13 (C) by striking ‘‘(b) CONSULTATION.—The

14 Task Force’’ and inserting the following:

15 ‘‘(2) CONSULTATION.—The Task Force’’;

16 (D) by striking ‘‘(c) CANADIAN PARTICIPA17 TION.—The panel’’ and inserting the following:

18 ‘‘(3) CANADIAN PARTICIPATION.—The panel’’;

19 (E) in paragraphs (2) and (3) of sub20 section (a), as so redesignated, by striking ‘‘this

21 section’’ and inserting ‘‘this subsection’’; and

22 (F) by adding at the end the following new

23 subsections:

24 ‘‘(b) WESTERN REGIONAL PANEL.—Not later than

25 30 days after the date of enactment of the National
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•HR 3217 EH

1 Invasive Species Act of 1996, the Task Force shall request

2 a Western regional panel, comprised of Western region

3 representatives from Federal, State, and local agencies

4 and from private environmental and commercial interests,

5 to—

6 ‘‘(1) identify priorities for the Western region

7 with respect to aquatic nuisance species;

8 ‘‘(2) make recommendations to the Task Force

9 regarding an education, monitoring (including in10 spection), prevention, and control program to pre11 vent the spread of the zebra mussel west of the

12 100th Meridian pursuant to section 1202(i) of this

13 Act;

14 ‘‘(3) coordinate, where possible, other aquatic

15 nuisance species program activities in the Western

16 region that are not conducted pursuant to this Act;

17 ‘‘(4) develop an emergency response strategy

18 for Federal, State, and local entities for stemming

19 new invasions of aquatic nuisance species in the re20 gion;

21 ‘‘(5) provide advice to public and private indi22 viduals and entities concerning methods of prevent23 ing and controlling aquatic nuisance species infesta24 tions; and
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•HR 3217 EH

1 ‘‘(6) submit annually a report to the Task

2 Force describing activities within the Western region

3 related to aquatic nuisance species prevention, re4 search, and control.

5 ‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task

6 Force shall—

7 ‘‘(1) encourage the development and use of re8 gional panels and other similar entities in regions in

9 addition to the Great Lakes and Western regions

10 (including providing financial assistance for the de11 velopment and use of such entities) to carry out,

12 with respect to those regions, activities that are

13 similar to the activities described in subsections (a)

14 and (b); and

15 ‘‘(2) cooperate with regional panels and similar

16 entities that carry out the activities described in

17 paragraph (1).’’.

18 (6) STATE OR INTERSTATE WATERSHED

19 AQUATIC NUISANCE SPECIES MANAGEMENT PLAN.—

20 Section 1204 (16 U.S.C. 4724) is amended—

21 (A) in subsection (a)—

22 (i) by striking the subsection designa23 tion and heading and inserting the follow24 ing:
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1 ‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES

2 MANAGEMENT PLANS.—’’;

3 (ii) in paragraph (1)—

4 (I) by striking the matter preced5 ing subparagraph (A) and inserting

6 the following:

7 ‘‘(1) IN GENERAL.—After providing notice and

8 opportunity for public comment, the Governor of

9 each State may prepare and submit, or the Gov10 ernors of the States and the governments of the In11 dian tribes involved in an interstate organization,

12 may jointly prepare and submit—’’;

13 (II) in subparagraph (A), by

14 striking ‘‘technical and financial as15 sistance’’ and inserting ‘‘technical, en16 forcement, or financial assistance (or

17 any combination thereof)’’; and

18 (III) in subparagraphs (A) and

19 (B), by inserting ‘‘or within the inter20 state region involved’’ after ‘‘within

21 the State’’ each place it appears;

22 (iii) in paragraph (2)—

23 (I) in subparagraph (B), by

24 striking ‘‘and’’ at the end of the sub25 paragraph;
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1 (II) by redesignating subpara2 graph (C) as subparagraph (D);

3 (III) by inserting after subpara4 graph (B) the following:

5 ‘‘(C) identify any authority that the State

6 (or any State or Indian tribe involved in the

7 interstate organization) does not have at the

8 time of the development of the plan that may

9 be necessary for the State (or any State or In10 dian tribe involved in the interstate organiza11 tion) to protect public health, property, and the

12 environment from harm by aquatic nuisance

13 species; and’’; and

14 (IV) in subparagraph (D), as so

15 redesignated, by inserting ‘‘, and ena16 bling legislation’’ before the period;

17 (iv) in paragraph (3)—

18 (I) in subparagraph (A)—

19 (aa) by inserting ‘‘or inter20 state organization’’ after ‘‘the

21 State’’; and

22 (bb) by inserting ‘‘Indian

23 tribes,’’ after ‘‘local governments

24 and regional entities,’’; and
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1 (II) in subparagraph (B), by in2 serting ‘‘or the appropriate official of

3 an interstate organization’’ after ‘‘a

4 State’’; and

5 (v) in paragraph (4), by inserting ‘‘or

6 the interstate organization’’ after ‘‘the

7 Governor’’;

8 (B) in subsection (b)(1)—

9 (i) by striking ‘‘or the Assistant Sec10 retary, as appropriate under subsection

11 (a),’’; and

12 (ii) by striking ‘‘approved manage13 ment plans’’ and inserting ‘‘management

14 plans approved under subsection (a)’’; and

15 (C) by adding at the end the following new

16 subsection:

17 ‘‘(c) ENFORCEMENT ASSISTANCE.—Upon request of

18 a State or Indian tribe, the Director or the Under Sec19 retary, to the extent allowable by law and in a manner

20 consistent with section 141 of title 14, United States

21 Code, may provide assistance to a State or Indian tribe

22 in enforcing an approved State or interstate invasive spe23 cies management plan.’’.

24 (f) AUTHORIZATIONS OF APPROPRIATIONS.—Section

25 1301 (16 U.S.C. 4741) is amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘and’’ at the end of para3 graph (2);

4 (B) by striking paragraph (3) and insert5 ing the following;

6 ‘‘(3) to the Secretary to carry out section

7 1101—

8 ‘‘(A) $2,000,000 for each of fiscal years

9 1997 and 1998; and

10 ‘‘(B) $3,000,000 for each of fiscal years

11 1999 through 2002;’’; and

12 (C) by adding at the end the following new

13 paragraphs:

14 ‘‘(4) for each of fiscal years 1997 through

15 2002, to carry out paragraphs (1) and (2) of section

16 1102(b)—

17 ‘‘(A) $1,000,000 to the Department of the

18 Interior, to be used by the Director; and

19 ‘‘(B) $1,000,000 to the Secretary; and

20 ‘‘(5) for each of fiscal years 1997 through

21 2002—

22 ‘‘(A) $3,000,000, which shall be made

23 available from funds otherwise authorized to be

24 appropriated if such funds are so authorized, to
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1 the Under Secretary to carry out section

2 1102(e); and

3 ‘‘(B) $500,000 to the Secretary to carry

4 out section 1102(f).’’;

5 (2) in subsection (b)—

6 (A) in the matter preceding paragraph (1),

7 by striking ‘‘1991, 1992, 1993, 1994, and

8 1995’’ and inserting ‘‘1997 through 2002’’; and

9 (B) by striking paragraphs (1) through (7)

10 and inserting the following:

11 ‘‘(1) $6,000,000 to the Department of the Inte12 rior, to be used by the Director to carry out sections

13 1202 and 1209;

14 ‘‘(2) $1,000,000 to the Department of Com15 merce, to be used by the Under Secretary to carry

16 out section 1202;

17 ‘‘(3) $1,625,000, which shall be made available

18 from funds otherwise authorized to be appropriated

19 if such funds are so authorized, to fund aquatic nui20 sance species prevention and control research under

21 section 1202(i) at the Great Lakes Environmental

22 Research Laboratory of the National Oceanic and

23 Atmospheric Administration, of which $500,000

24 shall be made available for grants, to be competi-
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1 tively awarded and subject to peer review, for re2 search relating to Lake Champlain;

3 ‘‘(4) $5,000,000 for competitive grants for uni4 versity research on aquatic nuisance species under

5 section 1202(f)(3) as follows:

6 ‘‘(A) $2,800,000, which shall be made

7 available from funds otherwise authorized to be

8 appropriated if such funds are so authorized, to

9 fund grants under section 205 of the National

10 Sea Grant College Program Act (33 U.S.C.

11 1124);

12 ‘‘(B) $1,200,000 to fund grants to colleges

13 for the benefit of agriculture and the mechanic

14 arts referred to in the first section of the Act

15 of August 30, 1890 (26 Stat. 417, chapter 841;

16 7 U.S.C. 322); and

17 ‘‘(C) $1,000,000 to fund grants through

18 the Cooperative Fisheries and Wildlife Research

19 Unit Program of the United States Fish and

20 Wildlife Service;

21 ‘‘(5) $3,000,000 to the Department of the

22 Army, to be used by the Assistant Secretary to carry

23 out section 1202(i)(1)(B); and

24 ‘‘(6) $300,000 to the Department of the Inte25 rior, to be used by the Director to fund regional
50

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1 panels and similar entities under section 1203, of

2 which $100,000 shall be used to fund activities of

3 the Great Lakes Commission.’’;

4 (3) by striking subsection (c) and inserting the

5 following:

6 ‘‘(c) GRANTS FOR STATE MANAGEMENT PRO7 GRAMS.—There are authorized to be appropriated for each

8 of fiscal years 1997 through 2002 $4,000,000 to the De9 partment of the Interior, to be used by the Director for

10 making grants under section 1204, of which $1,500,000

11 shall be used by the Director, in consultation with the As12 sistant Secretary, for management of aquatic nuisance

13 vegetation species.’’; and

14 (4) by adding at the end the following new sub15 section:

16 ‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRA17 TION PROGRAM.—There are authorized to be appropriated

18 $2,500,000 to carry out section 1104.’’.

19 (g) REFERENCES TO APPROPRIATE COMMITTEES.—

20 The Act (16 U.S.C. 4701 et seq.) is amended by striking

21 ‘‘appropriate Committees’’ each place it appears and in22 serting ‘‘Congress’’.

23 (h) TECHNICAL CORRECTIONS.—Public Law 101-

24 646 (16 U.S.C. 4701 et seq.) is amended—
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1 (1) in titles I, II, and IV, by striking the

2 quotation marks at the beginning of any title, sub3 title, section, subsection, paragraph, subparagraph,

4 clause, subclause, or undesignated provision;

5 (2) at the end of titles II and IV, by striking

6 the closing quotation marks and the final period;

7 and

8 (3) in section 1003—

9 (A) by striking each single opening

10 quotation mark and inserting double opening

11 quotation marks; and

12 (B) by striking each single closing

13 quotation mark and inserting double closing

14 quotations marks.

15 SEC. 3. STATUTORY CONSTRUCTION.

16 Nothing in this Act or the amendments made by this

17 Act is intended to affect the authorities and responsibil18 ities of the Great Lakes Fishery Commission established

19 under article II of the Convention on Great Lakes Fish20 eries between the United States of America and Canada,

21 signed at Washington on September 10, 1954 (hereafter

22 in this section referred to as the ‘‘Convention’’), including

23 the authorities and responsibilities of the Great Lakes

24 Fishery Commission—
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•HR 3217 EH

1 (1) for developing and implementing a com2 prehensive program for eradicating or minimizing

3 populations of sea lamprey in the Great Lakes wa4 tershed; and

5 (2) carrying out the duties of the Commission

6 specified in the Convention (including any amend7 ment thereto) and the Great Lakes Fishery Act of

8 1956 (16 U.S.C. 931 et seq.).

Passed the House of Representatives September 24,

1996.

Attest:

Clerk.