IB

104TH CONGRESS

2D SESSION H. R. 3217

[Report No. 104–815, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 1996

Mr. LATOURETTE (for himself, Mr. SAXTON, Ms. LOFGREN, Ms. RIVERS, Ms.

KAPTUR, Mr. GILCHREST, Mr. STUPAK, Mr. QUINN, Mr. RAMSTAD, Mr.

MILLER of California, Mr. OBERSTAR, Mr. MEEHAN, Mr. FRANKS of

New Jersey, Mr. PETRI, Mr. HOKE, Mr. EHLERS, Mr. DINGELL, Mr.

ENGLISH of Pennsylvania, and Mrs. MORELLA) introduced the following

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

SEPTEMBER 20, 1996

Additional sponsors: Mr. PALLONE, Mr. HINCHEY, Mr. VENTO, Mr. CARDIN,

Mr. FARR of California, Mr. SAWYER, Mr. BROWN of Ohio, Mr. BONIOR,

Mr. DELLUMS, Ms. SLAUGHTER, Mr. FLANAGAN, Ms. WOOLSEY, Mr.

WALSH, Mr. LIPINSKI, Mr. EVANS, Ms. PELOSI, Mr. FAZIO of California,

Mr. MANTON, Mrs. CLAYTON, and Mr. BOEHLERT

SEPTEMBER 20, 1996

Reported from the Committee on Transportation and Infrastructure with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 20, 1996

Referred to the Committee on Science for a period ending not later than September 27, 1996 for consideration of such provisions of the amendment

recommended by the Committee on Transportation and Infrastructure as

fall within the jurisdiction of the Committee on Science pursuant to

clause 1(n), rule X
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SEPTEMBER 20, 1996

Referral to the Committee on Resources extended for a period ending not later

than September 27, 1996

[For text of introduced bill, see copy of bill as introduced on March 29, 1996]

A BILL

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,

3 SECTION 1. SHORT TITLE; REFERENCES.

4 (a) IN GENERAL.—This Act may be cited as the ‘‘Na5 tional Invasive Species Act of 1996’’.

6 (b) REFERENCES.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment to

8 or repeal of a section or other provision, the reference shall

9 be considered to be made to a section or other provision

10 of the Nonindigenous Aquatic Nuisance Prevention and

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

12 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC

13 NUISANCE PREVENTION AND CONTROL ACT

14 OF 1990.

15 (a) FINDINGS; DEFINITIONS.—

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

17 4701(a)) is amended—
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1 (A) by striking paragraphs (2) and (3) and

2 inserting the following new paragraphs:

3 ‘‘(2) when environmental conditions are favor4 able, nonindigenous species become established and

5 may disrupt the aquatic environment and economy of

6 affected nearshore areas;

7 ‘‘(3) the zebra mussel was unintentionally intro8 duced into the Great Lakes and has infested—

9 ‘‘(A) waters south of the Great Lakes, into

10 a good portion of the Mississippi River drainage;

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

12 the Arkansas River in Oklahoma; and

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

14 Hudson River and Lake Champlain;’’;

15 (B) in paragraph (4)—

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

17 and ruffe, round goby, and other nonindige18 nous species’’ after ‘‘other species’’; and

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

20 (C) in paragraph (5), by striking the period

21 and inserting a semicolon; and

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

23 paragraphs:
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1 ‘‘(6) in 1992, the zebra mussel was discovered at

2 the northernmost reaches of the Chesapeake Bay wa3 tershed;

4 ‘‘(7) the zebra mussel poses an imminent risk of

5 invasion in the main waters of the Chesapeake Bay;

6 ‘‘(8) since the Chesapeake Bay is the largest re7 cipient of foreign ballast water on the East Coast,

8 there is a risk of further invasions of other nonindige9 nous species;

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

11 thousands of nonindigenous species that have become

12 established in waters of the United States and may

13 be causing economic and ecological degradation with

14 respect to the natural resources of waters of the Unit15 ed States;

16 ‘‘(10) since their introduction in the early 1980’s

17 in ballast water discharges, ruffe—

18 ‘‘(A) have caused severe declines in popu19 lations of other species of fish in Duluth Harbor

20 (in Minnesota and Wisconsin);

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

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

23 other waters in North America if action is not

24 taken promptly to control their spread;
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1 ‘‘(11) examples of nonindigenous species that, as

2 of the date of enactment of the National Invasive Spe3 cies Act of 1996, infest coastal waters of the United

4 States and that have the potential for causing adverse

5 economic and ecological effects include—

6 ‘‘(A) the mitten crab (Eriochei sinensis)

7 that has become established on the Pacific Coast;

8 ‘‘(B) the green crab (Carcinus maenus) that

9 has become established in the coastal waters of

10 the Atlantic Ocean;

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

12 has become established along the Gulf of Mexico;

13 and

14 ‘‘(D) certain shellfish pathogens;

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

16 such as Eurasian watermilfoil, hydrilla, water hya17 cinth, and water chestnut, have been introduced to

18 waters of the United States from other parts of the

19 world causing or having a potential to cause adverse

20 environmental, ecological, and economic effects;

21 ‘‘(13) if preventive management measures are

22 not taken nationwide to prevent and control of unin23 tentionally introduced nonindigenous aquatic species

24 in a timely manner, further introductions and infes25 tations of species that are as destructive as, or more
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1 destructive than, the zebra mussel or the ruffe infesta2 tions may occur;

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

4 States, aquatic nuisance species are unintentionally

5 transported and introduced into inland lakes and riv6 ers by recreational boaters, commercial barge traffic,

7 and a variety of other pathways; and

8 ‘‘(15) resolving the problems associated with

9 aquatic nuisance species will require the participa10 tion and cooperation of, among others, the Federal

11 Government and State governments, and investment

12 in the development of prevention technologies.’’.

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

14 4702) is amended—

15 (A) in paragraph (1), by striking ‘‘the Com16 mittee on Public Works and Transportation and

17 the Committee on Merchant Marine and Fish18 eries’’ and inserting ‘‘the Committee on Trans19 portation and Infrastructure and the Committee

20 on Resources’’;

21 (B) in paragraph (3), by striking ‘‘assistant

22 Secretary’’ and inserting ‘‘Assistant Secretary’’;

23 (C) by redesignating paragraphs (9)

24 through (15) as paragraphs (12) through (18),

25 respectively; and
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1 (D) by inserting after paragraph (8) the fol2 lowing:

3 ‘‘(9) ‘Great Lakes region’ means the 8 States

4 that border on the Great Lakes;

5 ‘‘(10) ‘Indian tribe’ means any Indian tribe,

6 band, nation, or other organized group or community,

7 including any Alaska Native village or regional cor8 poration (as defined in or established pursuant to the

9 Alaska Native Claims Settlement Act (43 U.S.C. 1601

10 et seq.)) that is recognized as eligible for the special

11 programs and services provided by the United States

12 to Indians because of their status as Indians;

13 ‘‘(11) ‘interstate organization’ means an en14 tity—

15 ‘‘(A) established by—

16 ‘‘(i) an interstate compact that is ap17 proved by Congress;

18 ‘‘(ii) a Federal statute; or

19 ‘‘(iii) a treaty or other international

20 agreement with respect to which the United

21 States is a party; and

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

23 ‘‘(I) States or political subdivisions

24 thereof; or

25 ‘‘(II) Indian tribes; or
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1 ‘‘(ii) that represents—

2 ‘‘(I) 1 or more States or political sub3 divisions thereof; and

4 ‘‘(II) 1 or more Indian tribes; or

5 ‘‘(iii) that represents the Federal Govern6 ment and 1 or more foreign governments; and

7 ‘‘(C) has jurisdiction over, serves as forum

8 for coordinating, or otherwise has a role or re9 sponsibility for the management of, any land or

10 other natural resource;’’.

11 (b) AQUATIC NUISANCE SPECIES CONTROL PRO12 GRAM.—

13 (1) AMENDMENT TO HEADING.—The heading to

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

15 as follows:

16 ‘‘Subtitle B—Prevention of Uninten17 tional Introductions of Non18 indigenous Aquatic Species’’.

19 (2) AQUATIC NUISANCE SPECIES.—Section 1101

20 (16 U.S.C. 4711) is amended to read as follows:

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

22 THE UNITED STATES.

23 ‘‘(a) GREAT LAKES GUIDELINES.—

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

25 after the date of enactment of this Act, the Secretary
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1 shall issue voluntary guidelines to prevent the intro2 duction and spread of aquatic nuisance species into

3 the Great Lakes through the exchange of ballast water

4 of vessels prior to entering those waters.

5 ‘‘(2) CONTENT OF GUIDELINES.—The guidelines

6 issued under this subsection shall—

7 ‘‘(A) ensure to the maximum extent prac8 ticable that ballast water containing aquatic

9 nuisance species is not discharged into the Great

10 Lakes;

11 ‘‘(B) protect the safety of—

12 ‘‘(i) each vessel; and

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

14 vessel;

15 ‘‘(C) take into consideration different vessel

16 operating conditions; and

17 ‘‘(D) be based on the best scientific informa18 tion available.

19 ‘‘(b) REGULATIONS.—

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

21 the date of enactment of this Act, the Secretary, in

22 consultation with the Task Force, shall issue regula23 tions to prevent the introduction and spread of aquat24 ic nuisance species into the Great Lakes through the

25 ballast water of vessels.
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1 ‘‘(2) CONTENT OF REGULATIONS.—The regula2 tions issued under this subsection shall—

3 ‘‘(A) apply to all vessels equipped with bal4 last water tanks that enter a United States port

5 on the Great Lakes after operating on the waters

6 beyond the exclusive economic zone;

7 ‘‘(B) require a vessel to—

8 ‘‘(i) carry out exchange of ballast

9 water on the waters beyond the exclusive

10 economic zone prior to entry into any port

11 within the Great Lakes;

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

13 water in other waters where the exchange

14 does not pose a threat of infestation or

15 spread of aquatic nuisance species in the

16 Great Lakes and other waters of the United

17 States, as recommended by the Task Force

18 under section 1102(a)(1); or

19 ‘‘(iii) use environmentally sound alter20 native ballast water management methods if

21 the Secretary determines that such alter22 native methods are as effective as ballast

23 water exchange in preventing and control24 ling infestations of aquatic nuisance species;
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1 ‘‘(C) not affect or supersede any require2 ments or prohibitions pertaining to the discharge

3 of ballast water into waters of the United States

4 under the Federal Water Pollution Control Act

5 (33 U.S.C. 1251 et seq.);

6 ‘‘(D) provide for sampling procedures to

7 monitor compliance with the requirements of the

8 regulations;

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

10 the Great Lakes if the master of the vessel has

11 not certified to the Secretary or the Secretary’s

12 designee by not later than the departure of that

13 vessel from the first lock in the St. Lawrence

14 Seaway that the vessel has complied with the re15 quirements of the regulations;

16 ‘‘(F) protect the safety of—

17 ‘‘(i) each vessel; and

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

19 vessel;

20 ‘‘(G) take into consideration different oper21 ating conditions; and

22 ‘‘(H) be based on the best scientific informa23 tion available.

24 ‘‘(3) ADDITIONAL REGULATIONS.—In addition to

25 promulgating regulations under paragraph (1), the
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1 Secretary, in consultation with the Task Force, shall,

2 not later than November 4, 1994, issue regulations to

3 prevent the introduction and spread of aquatic nui4 sance species into the Great Lakes through ballast

5 water carried on vessels that enter a United States

6 port on the Hudson River north of the George Wash7 ington Bridge.

8 ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE

9 PROGRAMS.—The Secretary may carry out education

10 and technical assistance programs and other measures

11 to encourage compliance with the guidelines issued

12 under this subsection.

13 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

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

15 the date of enactment of the National Invasive Species

16 Act of 1996, and after providing notice and an oppor17 tunity for public comment, the Secretary shall issue

18 voluntary guidelines to prevent the introduction and

19 spread of nonindigenous species in waters of the Unit20 ed States by ballast water operations and other oper21 ations of vessels equipped with ballast water tanks.

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

23 guidelines issued under this subsection shall—

24 ‘‘(A) ensure to the maximum extent prac25 ticable that aquatic nuisance species are not dis-
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1 charged into waters of the United States from

2 vessels;

3 ‘‘(B) apply to all vessels equipped with bal4 last water tanks that operate in waters of the

5 United States;

6 ‘‘(C) direct a vessel that is carrying ballast

7 water into waters of the United States after op8 erating beyond the exclusive economic zone to—

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

10 water of the vessel in waters beyond the ex11 clusive economic zone;

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

13 vessel in other waters where the exchange

14 does not pose a threat of infestation or

15 spread of nonindigenous species in waters of

16 the United States, as recommended by the

17 Task Force under section 1102(a)(1); or

18 ‘‘(iii) use environmentally sound alter19 native ballast water management methods,

20 including modification of the vessel ballast

21 tanks and intake systems, if the Secretary

22 determines that such alternative methods

23 are at least as effective as ballast water ex24 change in preventing and controlling infes25 tations of aquatic nuisance species;
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1 ‘‘(D) direct vessels to carry out management

2 practices that the Secretary determines to be nec3 essary to reduce the probability of unintentional

4 nonindigenous species transfer resulting from—

5 ‘‘(i) ship operations other than ballast

6 discharge; and

7 ‘‘(ii) ballasting practices of vessels that

8 enter waters of the United States with no

9 ballast on board;

10 ‘‘(E) provide for the keeping of records that

11 shall be submitted to the Secretary, as prescribed

12 by the guidelines, and that shall be maintained

13 on board each vessel and made available for in14 spection, upon request of the Secretary and in a

15 manner consistent with subsection (h), in order

16 to enable the Secretary to determine compliance

17 with the guidelines, including—

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

19 exchange referred to in clause (ii), reporting

20 on the precise location and thoroughness of

21 the exchange; and

22 ‘‘(ii) any other information that the

23 Secretary considers necessary to assess the

24 rate of effective compliance with the guide25 lines;
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1 ‘‘(F) provide for sampling procedures to

2 monitor compliance with the guidelines;

3 ‘‘(G) protect the safety of—

4 ‘‘(i) each vessel; and

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

6 vessel;

7 ‘‘(H) take into consideration—

8 ‘‘(i) variations in the characteristics of

9 point of origin and receiving water bodies;

10 ‘‘(ii) variations in the ecological condi11 tions of waters and coastal areas of the

12 United States; and

13 ‘‘(iii) different operating conditions;

14 ‘‘(I) be based on the best scientific informa15 tion available; and

16 ‘‘(J) not affect or supersede any require17 ments or prohibitions pertaining to the discharge

18 of ballast water into waters of the United States

19 under the Federal Water Pollution Control Act

20 (33 U.S.C. 1251 et seq.).

21 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

23 enactment of the National Invasive Species Act of

24 1996, the Secretary shall carry out education and

25 technical assistance programs and other measures to
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1 encourage compliance with the guidelines issued

2 under this subsection.

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

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

5 the date of enactment of the National Invasive Species

6 Act of 1996, and not less frequently than every 3

7 years thereafter, the Secretary shall, in accordance

8 with criteria developed by the Task Force under para9 graph (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 is

15 based on the assessment under subparagraph (A);

16 ‘‘(C) assess the effectiveness of the voluntary

17 guidelines and regulations referred to in sub18 paragraph (A) in reducing the introduction and

19 spread of aquatic nuisance species by vessels;

20 and

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

22 scientific information available—

23 ‘‘(i) revise the guidelines and regula24 tions referred to in subparagraph (A);
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1 ‘‘(ii) promulgate additional regulations

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

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

4 (ii).

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

6 than 90 days after the Task Force makes a request to

7 the Secretary for a special review and revision for

8 coastal and inland waterways designated by the Task

9 Force, the Secretary shall—

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

11 and regulations applicable to those waterways in

12 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 (e)(1); or

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

20 (ii).

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

22 than 18 months after the date of enactment of the Na23 tional Invasive Species Act of 1996, the Task Force

24 shall submit to the Secretary criteria for determining
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1 the adequacy and effectiveness of the voluntary guide2 lines issued under subsection (c).

3 ‘‘(e) AUTHORITY OF SECRETARY.—

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

5 a periodic review conducted under subsection (d)(1)

6 or a special review conducted under subsection (d)(2),

7 the Secretary determines that—

8 ‘‘(A) the rate of effective compliance (as de9 termined by the Secretary) with the guidelines

10 issued pursuant to subsection (c) is inadequate;

11 or

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

13 those guidelines is not adequate for the Secretary

14 to assess the compliance with those guidelines

15 and provide a rate of compliance of vessels, in16 cluding the assessment of the rate of compliance

17 of vessels under subsection (d)(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 para22 graph (1)—

23 ‘‘(A) shall—
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1 ‘‘(i) make mandatory the requirements

2 included in the voluntary guidelines issued

3 under subsection (c); and

4 ‘‘(ii) provide for the enforcement of the

5 regulations; and

6 ‘‘(B) may be regional in scope.

7 ‘‘(f) SANCTIONS.—

8 ‘‘(1) CIVIL PENALTIES.—Any person who violates

9 a regulation promulgated under subsection (b) or (e)

10 shall be liable for a civil penalty in an amount not

11 to exceed $25,000. Each day of a continuing violation

12 constitutes a separate violation. A vessel operated in

13 violation of the regulations is liable in rem for any

14 civil penalty assessed under this subsection for that

15 violation.

16 ‘‘(2) CRIMINAL PENALTIES.—Any person who

17 knowingly violates the regulations promulgated under

18 subsection (b) or (e) is guilty of a class C felony.

19 ‘‘(3) REVOCATION OF CLEARANCE.—Upon request

20 of the Secretary, the Secretary of the Treasury shall

21 withhold or revoke the clearance of a vessel required

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

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

24 violation of the regulations issued under subsection

25 (b) or (e).
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1 ‘‘(g) COORDINATION WITH OTHER AGENCIES.—In

2 carrying out the programs under this section, the Secretary

3 is encouraged to use, to the maximum extent practicable,

4 the expertise, facilities, members, or personnel of established

5 agencies and organizations that have routine contact with

6 vessels, including the Animal and Plant Health Inspection

7 Service of the Department of Agriculture, the National

8 Cargo Bureau, port administrations, and ship pilots’ asso9 ciations.

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

11 OTHER FOREIGN GOVERNMENTS.—In developing the guide12 lines issued and regulations promulgated under this section,

13 the Secretary is encouraged to consult with the Government

14 of Canada, the Government of Mexico, and any other gov15 ernment of a foreign country that the Secretary, in con16 sultation with the Task Force, determines to be necessary

17 to develop and implement an effective international pro18 gram for preventing the unintentional introduction and

19 spread of nonindigenous species.

20 ‘‘(i) INTERNATIONAL COOPERATION.—The Secretary,

21 in cooperation with the International Maritime Organiza22 tion of the United Nations and the Commission on Envi23 ronmental Cooperation established pursuant to the North

24 American Free Trade Agreement, is encouraged to enter

25 into negotiations with the governments of foreign countries
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1 to develop and implement an effective international pro2 gram for preventing the unintentional introduction and

3 spread of nonindigenous species.’’.

4 (c) NATIONAL BALLAST WATER MANAGEMENT INFOR5 MATION.—Section 1102 (16 U.S.C. 4712) is amended—

6 (1) by striking the section heading and inserting

7 the following:

8 ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN9 FORMATION.’’;

10 (2) in subsection (a)—

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

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

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

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

15 Champlain and other’’ after ‘‘economic uses of’’;

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

17 following:

18 ‘‘(b) ECOLOGICAL AND BALLAST DISCHARGE SUR19 VEYS.—

20 ‘‘(1) ECOLOGICAL SURVEYS.—

21 ‘‘(A) IN GENERAL.—The Task Force, in co22 operation with the Secretary, shall conduct eco23 logical surveys of the Chesapeake Bay, San

24 Francisco Bay, and Honolulu Harbor and, as

25 necessary, of other estuaries of national signifi-
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1 cance and other waters that the Task Force de2 termines—

3 ‘‘(i) to be highly susceptible to invasion

4 by aquatic nuisance species resulting from

5 ballast water operations and other oper6 ations of vessels; and

7 ‘‘(ii) to require further study.

8 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

9 conducting the surveys under this paragraph, the

10 Task Force shall, with respect to each such sur11 vey—

12 ‘‘(i) examine the attributes and pat13 terns of invasions of aquatic nuisance spe14 cies; and

15 ‘‘(ii) provide an estimate of the effec16 tiveness of ballast water management and

17 other vessel management guidelines issued

18 and regulations promulgated under this

19 subtitle in abating invasions of aquatic nui20 sance species in the waters that are the sub21 ject of the survey.

22 ‘‘(2) BALLAST DISCHARGE SURVEYS.—

23 ‘‘(A) IN GENERAL.—The Secretary, in co24 operation with the Task Force, shall conduct sur25 veys of ballast discharge rates and practices in
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1 the waters referred to in paragraph (1)(A) on the

2 basis of the criteria under clauses (i) and (ii) of

3 such paragraph.

4 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

5 conducting the surveys under this paragraph, the

6 Secretary shall—

7 ‘‘(i) examine the rate of, and trends in,

8 ballast water discharge in the waters that

9 are the subject of the survey; and

10 ‘‘(ii) assess the effectiveness of vol11 untary guidelines issued, and regulations

12 promulgated, under this subtitle in altering

13 ballast discharge practices to reduce the

14 probability of accidental introductions of

15 aquatic nuisance species.’’; and

16 (4) by adding at the end the following new sub17 sections:

18 ‘‘(e) REGIONAL RESEARCH GRANTS.—Out of amounts

19 appropriated to carry out this subsection for a fiscal year,

20 the Secretary of the Smithsonian Institution shall—

21 ‘‘(1) award not to exceed $750,000 to the Chesa22 peake Research Consortium to fund research on

23 aquatic nuisance species prevention and control in

24 the Chesapeake Bay through competitive grants to

25 universities and research institutions;
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1 ‘‘(2) award not to exceed $500,000 to the Louisi2 ana Universities Marine Consortium to fund research

3 on aquatic nuisance species prevention and control in

4 the Gulf of Mexico through competitive grants to uni5 versities and research institutions;

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

7 fund research on aquatic nuisance species prevention

8 and control for the Pacific Coast through competitive

9 grants to universities and research institutions; and

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

11 fund research on aquatic nuisance species prevention

12 and control for the Atlantic Coast through competitive

13 grants to universities and research institutions.

14 ‘‘(f) NATIONAL BALLAST INFORMATION CLEARING15 HOUSE.—

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

17 and maintain, in consultation with the Task Force

18 and the Smithsonian Institution (acting through the

19 Smithsonian Environmental Research Center), a

20 clearinghouse of national data concerning—

21 ‘‘(A) ballasting practices;

22 ‘‘(B) compliance with the guidelines issued

23 pursuant to section 1101(c); and

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

25 Task Force under subsection (b).
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1 ‘‘(2) REPORT.—In consultation with the Task

2 Force and the Smithsonian Institution (acting

3 through the Smithsonian Environmental Research

4 Center), the Secretary shall prepare and submit to the

5 Task Force and the appropriate Committees, on a bi6 annual basis, a report that synthesizes and analyzes

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

8 ‘‘(A) ballast water delivery and manage9 ment; and

10 ‘‘(B) invasions of aquatic nuisance species

11 resulting from ballast water.’’.

12 (d) ARMED SERVICES BALLAST WATER PROGRAM;

13 BALLAST WATER MANAGEMENT DEMONSTRATION PRO14 GRAM.—Subtitle B (16 U.S.C. 4701 et seq.) is amended by

15 adding at the end the following new sections:

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

17 ‘‘(a) DEPARTMENT OF DEFENSE VESSELS.—Subject to

18 operational conditions, the Secretary of Defense, in con19 sultation with the Secretary, the Task Force, and the Inter20 national Maritime Organization, shall implement a ballast

21 water management program for seagoing vessels of the De22 partment of Defense to minimize the risk of introduction

23 of nonindigenous species from releases of ballast water.

24 ‘‘(b) COAST GUARD VESSELS.—Subject to operational

25 conditions, the Secretary, in consultation with the Task
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1 Force and the International Maritime Organization, shall

2 implement a ballast water management program for sea3 going vessels of the Coast Guard to minimize the risk of

4 introduction of nonindigenous species from releases of bal5 last water.

6 ‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRA7 TION PROGRAM.

8 ‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—For

9 purposes of this section, the term ‘technologies and prac10 tices’ means those technologies and practices that—

11 ‘‘(1) may be retrofitted—

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

13 new vessel designs; and

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

15 treatment facilities;

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

17 facilities;

18 ‘‘(3) are operationally practical;

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

20 ‘‘(5) are environmentally sound;

21 ‘‘(6) are cost-effective;

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

23 and

24 ‘‘(8) are effective against a broad range of aquat25 ic nuisance species.
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1 ‘‘(b) DEMONSTRATION PROGRAM.—

2 ‘‘(1) IN GENERAL.—During the 18-month period

3 beginning on the date that funds are made available

4 by appropriations pursuant to section 1301(e), the

5 Secretary of the Interior, with the concurrence of and

6 in cooperation with the Secretary, shall conduct a

7 ballast water management demonstration program to

8 demonstrate technologies and practices to prevent

9 aquatic nonindigenous species from being introduced

10 into and spread through ballast water in the Great

11 Lakes and other waters of the United States.

12 ‘‘(2) LOCATION.—The installation and construc13 tion of the technologies and practices used in the dem14 onstration program conducted under this subsection

15 shall be performed in the United States.

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

17 technologies and practices on vessels under this sub18 section, the Secretary of the Interior, shall—

19 ‘‘(A) use only vessels that—

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

21 ‘‘(ii) have ballast systems conducive to

22 testing aboard-vessel or land-based tech23 nologies and practices applicable to a sig24 nificant number of merchant vessels; and

25 ‘‘(iii) are—
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1 ‘‘(I) publicly or privately owned;

2 and

3 ‘‘(II) in active use for trade or

4 other cargo shipment purposes during

5 the demonstration;

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

7 program by giving priority consideration—

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

9 chapter 121 of title 46, United States Code;

10 ‘‘(ii) second, to vessels that are a ma11 jority owned by citizens of the United

12 States, as determined by the Secretary; and

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

14 regularly call on ports in the United States;

15 and

16 ‘‘(C) seek to use a variety of vessel types, in17 cluding vessels that—

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

19 and on the Great Lakes; and

20 ‘‘(ii) are operated along major coasts of

21 the United States and inland waterways,

22 including the San Francisco Bay and

23 Chesapeake Bay.

24 ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC25 TICES.—In selecting technologies and practices for
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1 demonstration under this subsection, the Secretary of

2 the Interior shall give priority consideration to tech3 nologies and practices identified as promising by the

4 National Research Council Marine Board of the Na5 tional Academy of Sciences in its report on ships’

6 ballast operations issued in July 1996.

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

8 date of enactment of the National Invasive Species

9 Act of 1996, the Secretary of the Interior shall pre10 pare and submit a report to the appropriate Commit11 tees on the demonstration program conducted pursu12 ant to this section. The report shall include findings

13 and recommendations of the Secretary of the Interior

14 concerning technologies and practices.

15 ‘‘(c) AUTHORITIES; CONSULTATION AND COOPERATION

16 WITH INTERNATIONAL MARITIME ORGANIZATION AND

17 TASK FORCE.—

18 ‘‘(1) AUTHORITIES.—In conducting the dem19 onstration program under subsection (b), the Sec20 retary of the Interior may—

21 ‘‘(A) enter into cooperative agreements with

22 appropriate officials of other agencies of the Fed23 eral Government, agencies of States and political

24 subdivisions thereof, and private entities;
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1 ‘‘(B) accept funds, facilities, equipment, or

2 personnel from other Federal agencies; and

3 ‘‘(C) accept donations of property and serv4 ices.

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

6 Secretary of the Interior shall consult and cooperate

7 with the International Maritime Organization and

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

9 (e) AMENDMENTS TO SUBTITLE C.—

10 (1) SUBTITLE HEADING.—The heading to sub11 title C (16 U.S.C. 4721 et seq.) is amended to read

12 as follows:

13 ‘‘Subtitle C—Prevention and Con14 trol of Aquatic Nuisance Species

15 Dispersal’’.

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

17 4721) is amended—

18 (A) in subsection (b)—

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

20 paragraph (5);

21 (ii) by redesignating paragraph (6) as

22 paragraph (7); and

23 (iii) by inserting after paragraph (5)

24 the following new paragraph:

25 ‘‘(6) the Secretary of Agriculture; and’’; and
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1 (B) in subsection (c), by inserting ‘‘the

2 Chesapeake Bay Program,’’ before ‘‘and State

3 agencies’’.

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

5 U.S.C. 4722) is amended—

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

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

8 (B) in subsection (i)—

9 (i) in paragraph (1)—

10 (I) by striking ‘‘(1) IN GEN11 ERAL.—The Task Force’’ and inserting

12 the following:

13 ‘‘(1) ZEBRA MUSSEL.—

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

15 (II) by striking ‘‘(A) research’’

16 and inserting the following:

17 ‘‘(i) research’’;

18 (III) by striking ‘‘(B) tracking’’

19 and inserting the following:

20 ‘‘(ii) tracking’’;

21 (IV) by striking ‘‘(C) develop22 ment’’ and inserting the following:

23 ‘‘(iii) development’’; and

24 (V) by striking ‘‘(D) provision’’

25 and inserting the following:
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1 ‘‘(iv) provision’’;

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

3 PUBLIC FACILITY RESEARCH AND DEVELOP4 MENT.—’’ and inserting the following:

5 ‘‘(B) PUBLIC FACILITY RESEARCH AND DE6 VELOPMENT.—’’;

7 (iii) in subparagraph (B) of para8 graph (1), as so redesignated, by striking

9 the first sentence and inserting the follow10 ing: ‘‘The Assistant Secretary, in consulta11 tion with the Task Force, shall develop a

12 program of research, technology develop13 ment, and demonstration for the environ14 mentally sound control of zebra mussels in

15 and around public facilities.’’;

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

17 subparagraph (B), as so redesignated, the

18 following new subparagraph:

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

20 than 1 year after the date of enactment of this

21 subparagraph, the Task Force shall develop and

22 submit to the Secretary voluntary guidelines for

23 controlling the spread of the zebra mussel and, if

24 appropriate, other aquatic nuisance species

25 through recreational activities, including boating
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1 and fishing. Not later than 4 months after the

2 date of such submission, and after providing no3 tice and an opportunity for public comment, the

4 Secretary shall issue voluntary guidelines that

5 are based on the guidelines developed by the Task

6 Force under this subparagraph.’’; and

7 (v) by adding at the end the following

8 new paragraphs:

9 ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—

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

11 Environmental Protection Agency, in coopera12 tion with the National Science Foundation and

13 the Task Force, shall provide research grants on

14 a competitive basis for projects that—

15 ‘‘(i) identify environmentally sound

16 methods for controlling the dispersal of

17 aquatic nuisance species, such as the zebra

18 mussel; and

19 ‘‘(ii) adhere to research protocols devel20 oped pursuant to subsection (f)(2).

21 ‘‘(B) AUTHORIZATION OF APPROPRIA22 TIONS.—There are authorized to be appropriated

23 to the Environmental Protection Agency to carry

24 out this paragraph, $500,000.

25 ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—
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1 ‘‘(A) IN GENERAL.—The Assistant Sec2 retary, in consultation with the Task Force, shall

3 investigate and identify environmentally sound

4 methods for preventing and reducing the disper5 sal of aquatic nuisance species between the Great

6 Lakes-Saint Lawrence drainage and the Mis7 sissippi River drainage through the Chicago

8 River Ship and Sanitary Canal, including any

9 of those methods that could be incorporated into

10 the operation or construction of the lock system

11 of the Chicago River Ship and Sanitary Canal.

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

13 after the date of enactment of this paragraph, the

14 Assistant Secretary shall issue a report to the

15 appropriate Committees that includes rec16 ommendations concerning—

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

18 identified under the study conducted under

19 this paragraph are most promising with re20 spect to preventing and reducing the disper21 sal of aquatic nuisance species; and

22 ‘‘(ii) ways to incorporate those methods

23 into ongoing operations of the United States

24 Army Corps of Engineers that are con-
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1 ducted at the Chicago River Ship and Sani2 tary Canal.

3 ‘‘(C) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appropriated

5 to the Department of the Army, to carry out this

6 paragraph, $750,000.

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

8 by law, in carrying out the studies under paragraphs

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

10 Protection Agency and the Secretary of the Army

11 may enter into an agreement with an interested party

12 under which that party provides in kind or monetary

13 contributions for the study.

14 ‘‘(5) TECHNICAL ASSISTANCE.—The Great Lakes

15 Environmental Research Laboratory of the National

16 Oceanic and Atmospheric Administration shall pro17 vide technical assistance to the Lake Champlain Re18 search Consortium to assist in the research conducted

19 by that consortium pursuant to this subsection.’’.

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

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

22 than 18 months after the date of the enactment of this

23 Act, the Director’’ and inserting ‘‘The Director, the

24 Secretary,’’.
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1 (5) REGIONAL COORDINATION.—Section 1203 (16

2 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 insert18 ing 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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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) through

10 (F), by striking ‘‘Great Lakes’’ each

11 place it appears and inserting ‘‘Great

12 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 subsection

20 (a), as so redesignated, by striking ‘‘this section’’

21 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 30

25 days after the date of enactment of the National Invasive
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1 Species Act of 1996, the Task Force shall request a Western

2 regional panel, comprised of Western region representatives

3 from Federal, State, and local agencies and from private

4 environmental and commercial interests, to—

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

6 with respect to aquatic nuisance species;

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

8 regarding an education, monitoring (including in9 spection), prevention, and control program to prevent

10 the spread of the zebra mussel west of the 100th Me11 ridian pursuant to section 1202(i) of this Act;

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

13 nuisance species program activities in the Western re14 gion that are not conducted pursuant to this Act;

15 ‘‘(4) develop an emergency response strategy for

16 Federal, State, and local entities for stemming new

17 invasions of aquatic nuisance species in the region;

18 ‘‘(5) provide advice to public and private indi19 viduals and entities concerning methods of preventing

20 and controlling aquatic nuisance species infestations;

21 and

22 ‘‘(6) submit annually a report to the Task Force

23 describing activities within the Western region related

24 to aquatic nuisance species prevention, research, and

25 control.
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1 ‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task

2 Force shall—

3 ‘‘(1) encourage the development and use of re4 gional panels and other similar entities in regions in

5 addition to the Great Lakes and Western regions (in6 cluding providing financial assistance for the develop7 ment and use of such entities) to carry out, with re8 spect to those regions, activities that are similar to

9 the activities described in subsections (a) and (b); and

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

11 entities that carry out the activities described in

12 paragraph (1).’’.

13 (6) STATE OR INTERSTATE WATERSHED AQUATIC

14 NUISANCE SPECIES MANAGEMENT PLAN.—Section

15 1204 (16 U.S.C. 4724) is amended—

16 (A) in subsection (a)—

17 (i) by striking the subsection designa18 tion and heading and inserting the follow19 ing:

20 ‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES MAN21 AGEMENT PLANS.—’’;

22 (ii) in paragraph (1)—

23 (I) by striking the matter preced24 ing subparagraph (A) and inserting

25 the following:
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1 ‘‘(1) IN GENERAL.—After providing notice and

2 opportunity for public comment, the Governor of each

3 State may prepare and submit, or the Governors of

4 the States and the governments of the Indian tribes

5 involved in an interstate organization, may jointly

6 prepare and submit—’’;

7 (II) in subparagraph (A), by

8 striking ‘‘technical and financial as9 sistance’’ and inserting ‘‘technical, en10 forcement, or financial assistance (or

11 any combination thereof)’’; and

12 (III) in subparagraphs (A) and

13 (B), by inserting ‘‘or within the inter14 state region involved’’ after ‘‘within the

15 State’’ each place it appears;

16 (iii) in paragraph (2)—

17 (I) in subparagraph (B), by strik18 ing ‘‘and’’ at the end of the subpara19 graph;

20 (II) by redesignating subpara21 graph (C) as subparagraph (D);

22 (III) by inserting after subpara23 graph (B) the following:

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

25 (or any State or Indian tribe involved in the
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1 interstate organization) does not have at the

2 time of the development of the plan that may be

3 necessary for the State (or any State or Indian

4 tribe involved in the interstate organization) to

5 protect public health, property, and the environ6 ment from harm by aquatic nuisance species;

7 and’’; and

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

9 redesignated, by inserting ‘‘, and ena10 bling legislation’’ before the period;

11 (iv) in paragraph (3)—

12 (I) in subparagraph (A)—

13 (aa) by inserting ‘‘or inter14 state organization’’ after ‘‘the

15 State’’; and

16 (bb) by inserting ‘‘Indian

17 tribes,’’ after ‘‘local governments

18 and regional entities,’’; and

19 (II) in subparagraph (B), by in20 serting ‘‘or the appropriate official of

21 an interstate organization’’ after ‘‘a

22 State’’; and

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

24 the interstate organization’’ after ‘‘the Gov25 ernor’’;
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1 (B) in subsection (b)(1)—

2 (i) by striking ‘‘or the Assistant Sec3 retary, as appropriate under subsection

4 (a),’’; and

5 (ii) by striking ‘‘approved management

6 plans’’ and inserting ‘‘management plans

7 approved under subsection (a)’’; and

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

9 subsection:

10 ‘‘(c) ENFORCEMENT ASSISTANCE.—Upon request of a

11 State or Indian tribe, the Director or the Under Secretary,

12 to the extent allowable by law and in a manner consistent

13 with section 141 of title 14, United States Code, may pro14 vide assistance to a State or Indian tribe in enforcing an

15 approved State or interstate invasive species management

16 plan.’’.

17 (f) AUTHORIZATIONS OF APPROPRIATIONS.—Section

18 1301 (16 U.S.C. 4741) is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘and’’ at the end of para21 graph (2);

22 (B) by striking paragraph (3) and inserting

23 the following;

24 ‘‘(3) to the Secretary to carry out section 1101—
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1 ‘‘(A) $2,000,000 for each of fiscal years

2 1997 and 1998; and

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

4 1999 through 2002;’’; and

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

6 paragraphs:

7 ‘‘(4) for each of fiscal years 1997 through 2002,

8 to carry out paragraphs (1) and (2) of section

9 1102(b)—

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

11 Interior, to be used by the Director; and

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

13 ‘‘(5) for each of fiscal years 1997 through 2002—

14 ‘‘(A) $2,250,000 to the Secretary of the

15 Smithsonian Institution to carry out section

16 1102(e); and

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

18 section 1102(f).’’;

19 (2) in subsection (b)—

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

21 by striking ‘‘1991, 1992, 1993, 1994, and 1995’’

22 and inserting ‘‘1997 through 2002’’; and

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

24 and inserting the following:
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1 ‘‘(1) $6,000,000 to the Department of the Inte2 rior, to be used by the Director to carry out sections

3 1202 and 1209;

4 ‘‘(2) $1,000,000 to the Department of Commerce,

5 to be used by the Under Secretary to carry out section

6 1202;

7 ‘‘(3) $1,625,000 to fund aquatic nuisance species

8 prevention and control research under section 1202(i)

9 at the Great Lakes Environmental Research Labora10 tory of the National Oceanic and Atmospheric Ad11 ministration and the Lake Champlain Research Con12 sortium, of which $500,000 shall be used by the Lake

13 Champlain Research Consortium;

14 ‘‘(4) $5,000,000 for competitive grants for uni15 versity research on aquatic nuisance species under

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

17 ‘‘(A) $4,000,000 to fund grants under sec18 tion 206 of the National Sea Grant College Pro19 gram Act (33 U.S.C. 1121 et seq.) and grants to

20 colleges for the benefit of agriculture and the me21 chanic arts referred to in the first section of the

22 Act of August 30, 1890 (26 Stat. 417, chapter

23 841; 7 U.S.C. 322); and

24 ‘‘(B) $1,000,000 to fund grants through the

25 Cooperative Fisheries and Wildlife Research
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1 Unit Program of the United States Fish and

2 Wildlife Service;

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

4 to be used by the Assistant Secretary to carry out sec5 tion 1202(i)(1)(B); and

6 ‘‘(6) $300,000 to the Department of the Interior,

7 to be used by the Director to fund regional panels and

8 similar entities under section 1203, of which $100,000

9 shall be used to fund activities of the Great Lakes

10 Commission.’’;

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

12 following:

13 ‘‘(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—

14 There are authorized to be appropriated for each of fiscal

15 years 1997 through 2002 $4,000,000 to the Department of

16 the Interior, to be used by the Director for making grants

17 under section 1204, of which $1,500,000 shall be used by

18 the Director, in consultation with the Assistant Secretary,

19 for management of aquatic nuisance vegetation species.’’;

20 and

21 (4) by adding at the end the following new sub22 section:

23 ‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRATION

24 PROGRAM.—There are authorized to be appropriated to the
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1 Department of the Interior $2,500,000 to carry out section

2 1104.’’.

3 (g) TECHNICAL CORRECTIONS.—Public Law 101–646

4 (16 U.S.C. 4701 et seq.) is amended—

5 (1) in titles I, II, and IV, by striking the

6 quotation marks at the beginning of any title, sub7 title, section, subsection, paragraph, subparagraph,

8 clause, subclause, or undesignated provision;

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

10 closing quotation marks and the final period; and

11 (3) in section 1003—

12 (A) by striking each single opening

13 quotation mark and inserting double opening

14 quotation marks; and

15 (B) by striking each single closing quotation

16 mark and inserting double closing quotations

17 marks.

18 SEC. 3. STATUTORY CONSTRUCTION.

19 Nothing in this Act or the amendments made by this

20 Act is intended to affect the authorities and responsibilities

21 of the Great Lakes Fishery Commission established under

22 article II of the Convention on Great Lakes Fisheries be23 tween the United States of America and Canada, signed

24 at Washington on September 10, 1954 (hereafter in this sec25 tion referred to as the ‘‘Convention’’), including the authori-
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1 ties and responsibilities of the Great Lakes Fishery Com2 mission—

3 (1) for developing and implementing a com4 prehensive program for eradicating or minimizing

5 populations of sea lamprey in the Great Lakes water6 shed; and

7 (2) carrying out the duties of the Commission

8 specified in the Convention (including any amend9 ment thereto) and the Great Lakes Fishery Act of

10 1956 (16 U.S.C. 931 et seq.).

Æ