I

104TH CONGRESS

2D SESSION H. R. 3217

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

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’’.
2

•HR 3217 IH

1 (b) REFERENCES.—Whenever in this Act an amend2 ment or repeal is expressed in terms of an amendment

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

4 shall be considered to be made to a section or other provi5 sion of the Nonindigenous Aquatic Nuisance Prevention

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

7 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC

8 NUISANCE PREVENTION AND CONTROL ACT

9 OF 1990.

10 (a) FINDINGS; DEFINITIONS.—

11 (1) FINDINGS.—Section 1002 (16 U.S.C. 4701)

12 is amended—

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

14 inserting the following new paragraphs:

15 ‘‘(2) when environmental conditions are favor16 able, nonindigenous species become established and

17 may disrupt the aquatic environment and economy

18 of affected nearshore areas;

19 ‘‘(3) the zebra mussel was unintentionally intro20 duced into the Great Lakes and has infested—

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

22 a good portion of the Mississippi River drain23 age;

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

25 the Arkansas River in Oklahoma; and
3

•HR 3217 IH

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

2 the Hudson River and Lake Champlain;’’; and

3 (B) in paragraph (4)—

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

5 and ruffe, round goby, and other

6 nonindigenous species’’ after ‘‘other spe7 cies’’;

8 (ii) by striking the period and insert9 ing a semicolon; and

10 (iii) by adding at the end the follow11 ing new paragraphs:

12 ‘‘(5) because the zebra mussel was discovered in

13 Lake Champlain in 1993, an opportunity exists to

14 act quickly to manage zebra mussels before the in15 festation of, and control costs for, zebra mussels es16 calate;

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

18 at the northernmost reaches of the Chesapeake Bay

19 watershed;

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

21 of invasion in the main waters of the Chesapeake

22 Bay;

23 ‘‘(8) since the Chesapeake Bay is the largest re24 cipient of foreign ballast water on the East Coast,
4

•HR 3217 IH

1 there is a risk of further invasions of other

2 nonindigenous species;

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

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

6 and may be causing economic and ecological deg7 radation with respect to the natural resources of wa8 ters of the United States;

9 ‘‘(10) since the introduction in ballast water

10 discharges in the early 1980’s of ruffe, small perch11 like fish, ruffe—

12 ‘‘(A) have caused severe declines in popu13 lations of other species of fish in Duluth Har14 bor (in Minnesota and Wisconsin);

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

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

17 other waters in North America if action is not

18 taken promptly to control their spread;

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

20 as of the date of enactment of the National Invasive

21 Species Act of 1996, infest coastal waters of the

22 United States and that have the potential for caus23 ing adverse economic and ecological effects are—
5

•HR 3217 IH

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

2 that has become established on the Pacific

3 Coast;

4 ‘‘(B) the green crab (Carcinus maenus)

5 that has become established in the coastal wa6 ters of the Atlantic Ocean;

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

8 has become established along the Gulf of Mex9 ico; and

10 ‘‘(D) certain shellfish pathogens;

11 ‘‘(12) if preventive management measures are

12 not taken nationwide to prevent and control uninten13 tionally introduced nonindigenous aquatic species in

14 a timely manner, further introductions and infesta15 tions of species that are as destructive, or more de16 structive, than the zebra mussel or the ruffe infesta17 tions, may occur;

18 ‘‘(13) once introduced into the waters of the

19 United States, nonindigenous aquatic nuisance spe20 cies are unintentionally transported and introduced

21 into inland lakes and rivers by recreational boaters,

22 commercial barge traffic, and a variety of other

23 pathways; and

24 ‘‘(14) resolving the problems associated with

25 nonindigenous aquatic nuisance species will require
6

•HR 3217 IH

1 the participation and cooperation of the Federal

2 Government and State governments, and investment

3 in the development of prevention technologies.’’.

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

5 4702) is amended—

6 (A) in paragraph (3), by striking ‘‘assist7 ant Secretary’’ and inserting ‘‘Assistant Sec8 retary’’;

9 (B) by redesignating paragraphs (9)

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

11 respectively; and

12 (C) by inserting after paragraph (8) the

13 following:

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

15 that border on the Great Lakes;

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

17 band, nation, or other organized group or commu18 nity, including any Alaska Native village or regional

19 corporation (as defined in or established pursuant to

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

21 1601 et seq.)) that is recognized as eligible for the

22 special programs and services provided by the Unit23 ed States to Indians because of their status as Indi24 ans; and
7

•HR 3217 IH

1 ‘‘(11) ‘interstate organization’ means an

2 interjurisdictional entity—

3 ‘‘(A) established by—

4 ‘‘(i) an interstate compact that is ap5 proved by Congress;

6 ‘‘(ii) a Federal statute; or

7 ‘‘(iii) a treaty or other international

8 agreement with respect to which the Unit9 ed States is a party; and

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

11 ‘‘(I) States or political subdivisions

12 thereof; or

13 ‘‘(II) Indian tribes; or

14 ‘‘(ii) that represents—

15 ‘‘(I) 1 or more States or political sub16 divisions thereof; and

17 ‘‘(II) 1 or more Indian tribes; or

18 ‘‘(iii) that represents the Federal Govern19 ment (or any political subdivision thereof) and

20 1 or more foreign governments (or any political

21 subdivisions thereof); and

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

23 for coordinating, or otherwise has a role or re24 sponsibility for the management of any land, or

25 other natural resource.’’.
8

•HR 3217 IH

1 (b) AQUATIC NUISANCE SPECIES CONTROL PRO2 GRAM.—

3 (1) AMENDMENT TO HEADING.—The subtitle

4 heading to subtitle B (16 U.S.C. 4711 et seq.) is

5 amended to read as follows:

6 ‘‘Subtitle B—Prevention of Unin7 tentional Introductions of

8 Nonindigenous Aquatic Species’’

9 (2) NONINDIGENOUS AQUATIC NUISANCE SPE10 CIES.—Section 1101 (16 U.S.C. 4711) is amended

11 to read as follows:

12 ‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN THE WATERS

13 OF THE UNITED STATES.

14 ‘‘(a) GREAT LAKES GUIDELINES.—

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

16 after the date of enactment of this Act, the Sec17 retary shall issue voluntary guidelines to prevent the

18 introduction and spread of aquatic nuisance species

19 into the Great Lakes through the exchange of bal20 last water of vessels prior to entering those waters.

21 ‘‘(2) CONTENT OF GUIDELINES.—The guide22 lines issued under this subsection shall—

23 ‘‘(A) ensure to the maximum extent prac24 ticable that ballast water containing aquatic
9

•HR 3217 IH

1 nuisance species is not discharged into the

2 Great Lakes;

3 ‘‘(B) protect the safety of—

4 ‘‘(i) each vessel; and

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

6 vessel;

7 ‘‘(C) take into consideration different ves8 sel operating conditions; and

9 ‘‘(D) be based on the best scientific infor10 mation available.

11 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

13 enactment of this Act, the Secretary shall carry out

14 education and technical assistance programs and

15 other measures to encourage compliance with the

16 guidelines issued under this subsection.

17 ‘‘(b) REGULATIONS.—

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

19 after the date of enactment of this Act, the Sec20 retary, in consultation with the Task Force, shall

21 issue regulations to prevent the introduction and

22 spread of aquatic nuisance species into the Great

23 Lakes through the ballast water of vessels.

24 ‘‘(2) CONTENT OF REGULATIONS.—The regula25 tions issued under this subsection shall—
10

•HR 3217 IH

1 ‘‘(A) apply to all vessels that enter a Unit2 ed States port on the Great Lakes after operat3 ing on the waters beyond the exclusive economic

4 zone;

5 ‘‘(B) require a vessel to—

6 ‘‘(i) carry out exchange of ballast

7 water on the waters beyond the exclusive

8 economic zone prior to entry into any port

9 within the Great Lakes;

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

11 water in other waters where the exchange

12 does not pose a threat of infestation or

13 spread of aquatic nuisance species in the

14 Great Lakes and other waters of the Unit15 ed States, as recommended by the Task

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

17 ‘‘(iii) use environmentally sound alter18 native ballast water management methods

19 if the Secretary determines that such alter20 native methods are as effective as ballast

21 water exchange in preventing and control22 ling infestations of aquatic nuisance spe23 cies;

24 ‘‘(C) not affect or supersede any require25 ments or prohibitions pertaining to the dis-
11

•HR 3217 IH

1 charge of ballast water into waters of the Unit2 ed States under the Federal Water Pollution

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

4 ‘‘(D) provide for sampling procedures to

5 monitor compliance with the requirements of

6 the regulations;

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

8 the Great Lakes if the master of the vessel has

9 not certified to the Secretary or the Secretary’s

10 designee by not later than the departure of that

11 vessel from the first lock in the St. Lawrence

12 Seaway that the vessel has complied with the

13 requirements of the regulations;

14 ‘‘(F) request the Secretary of the Treasury

15 to withhold or revoke the clearance required by

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

17 App. 91) of a vessel, the owner or operator of

18 which is in violation of the regulations;

19 ‘‘(G) protect the safety of—

20 ‘‘(i) each vessel; and

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

22 vessel;

23 ‘‘(H) take into consideration different op24 erating conditions; and
12

•HR 3217 IH

1 ‘‘(I) be based on the best scientific infor2 mation available.

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

4 to promulgating regulations under paragraph (1),

5 the Secretary, in consultation with the Task Force,

6 shall, not later than 2 years after November 4,

7 1992, issue regulations to prevent the introduction

8 and spread of aquatic nuisance species into the

9 Great Lakes through ballast water carried on vessels

10 that enter a United States port on the Hudson River

11 north of the George Washington Bridge.

12 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

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

14 the date of enactment of the National Invasive Spe15 cies Act of 1996, the Secretary shall issue voluntary

16 guidelines to prevent the unintentional introduction

17 and spread of nonindigenous species in waters of the

18 United States by ballast water operations and other

19 operations of vessels (as determined by the Sec20 retary).

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

22 guidelines issued under this subsection shall—

23 ‘‘(A) ensure to the maximum extent prac24 ticable that aquatic nuisance species are not
13

•HR 3217 IH

1 discharged into the waters of the United States

2 from vessels;

3 ‘‘(B) apply to all vessels that operate in

4 waters of the United States;

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

6 water into the waters of the United States after

7 operating beyond the exclusive economic zone

8 to—

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

10 water of the vessel in waters beyond the

11 exclusive 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 the wa16 ters of the United States, as recommended

17 by the Task Force under section

18 1102(a)(1); or

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

21 including modification of the vessel ballast

22 tanks and intake systems, if the Secretary

23 determines that such alternative methods

24 are at least as effective as ballast water ex-
14

•HR 3217 IH

1 change in preventing and controlling infes2 tations of aquatic nuisance species;

3 ‘‘(D) direct vessels to carry out manage4 ment practices that the Secretary determines to

5 be necessary to reduce the probability of unin6 tentional nonindigenous species transfer result7 ing from—

8 ‘‘(i) ship operations other than ballast

9 discharge; and

10 ‘‘(ii) ballasting practices of vessels

11 that enter waters of the United States with

12 no ballast on board;

13 ‘‘(E) provide for recordkeeping that shall

14 be maintained on board each vessel and made

15 available for inspection, upon request of the

16 Secretary and in a matter consistent with sub17 section (h), in order to enable the Secretary to

18 determine compliance with the guidelines, in19 cluding—

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

21 exchange referred to in clause (ii), report22 ing on the precise location and thorough23 ness of the exchange; and

24 ‘‘(ii) any other information that the

25 Secretary considers necessary to assess the
15

•HR 3217 IH

1 rate of effective compliance with the guide2 lines;

3 ‘‘(F) provide for sampling procedures to

4 monitor compliance with the guidelines;

5 ‘‘(G) protect the safety of—

6 ‘‘(i) each vessel; and

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

8 vessel;

9 ‘‘(H) take into consideration—

10 ‘‘(i) variations in the characteristics of

11 point of origin and receiving water bodies;

12 ‘‘(ii) variations in the ecological condi13 tions of waters and coastal areas of the

14 United States; and

15 ‘‘(iii) different operating conditions;

16 and

17 ‘‘(I) be based on the best scientific infor18 mation available.

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

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

21 after the date of enactment of the National Invasive

22 Species Act of 1996, and not less frequently than

23 every 3 years thereafter, the Secretary shall, in ac24 cordance with criteria developed by the Task Force

25 under paragraph (3)—
16

•HR 3217 IH

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

2 the voluntary guidelines issued under this sec3 tion and the regulations promulgated under this

4 Act;

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

6 is based on the assessment under subparagraph

7 (A);

8 ‘‘(C) assess the effectiveness of the vol9 untary guidelines and regulations referred to in

10 subparagraph (A) in reducing the introduction

11 and spread of aquatic nuisance species by ves12 sels; and

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

14 scientific information available—

15 ‘‘(i) revise and reissue the guidelines

16 and regulations referred to in paragraph

17 (1); and

18 ‘‘(ii) promulgate additional regulations

19 pursuant to subsection (e)(1).

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

21 later than 90 days after the Task Force makes a re22 quest to the Secretary for a special review and revi23 sion for coastal and inland waterways designated by

24 the Task Force, the Secretary shall—
17

•HR 3217 IH

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

2 and regulations applicable to those waterways

3 in accordance with the review procedures under

4 paragraph (1); and

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

6 provided under paragraph (1)(D)—

7 ‘‘(i) revise and reissue those guide8 lines; and

9 ‘‘(ii) promulgate additional regula10 tions.

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

12 later than 18 months after the date of enactment of

13 the National Invasive Species Act of 1996, the Task

14 Force shall submit to the Secretary criteria for de15 termining the adequacy and effectiveness of the vol16 untary guidelines issued under subsection (c).

17 ‘‘(e) AUTHORITY OF SECRETARY.—

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

19 of a periodic review conducted under paragraph (1)

20 of subsection (d) or a special review conducted under

21 paragraph (2) of that subsection, the Secretary de22 termines that—

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

24 determined by the Secretary) with the guide-
18

•HR 3217 IH

1 lines issued pursuant to subsection (c) is inad2 equate; or

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

4 those guidelines is not adequate for the Sec5 retary to assess the compliance with those

6 guidelines and provide a rate of compliance of

7 vessels, including the assessment of the rate of

8 compliance of vessels under subsection (d)(2),

9 the Secretary shall promulgate regulations that meet

10 the requirements of paragraph (2).

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

12 regulations promulgated by the Secretary under

13 paragraph (1)—

14 ‘‘(A) shall—

15 ‘‘(i) make mandatory the require16 ments included in the voluntary guidelines

17 issued under subsection (c);

18 ‘‘(ii) provide for the enforcement of

19 the regulations; and

20 ‘‘(B) may be regional in scope.

21 ‘‘(3) REVOCATION OF CLEARANCE.—The regu22 lations promulgated under this subsection shall re23 quest the Secretary of the Treasury to withhold or

24 revoke the clearance of a vessel required by section

25 4197 of the Revised Statutes (46 U.S.C. App. 91),
19

•HR 3217 IH

1 if the owner or operator of that vessel is in violation

2 of the regulations.

3 ‘‘(f) CIVIL PENALTIES.—Any person who violates a

4 regulation promulgated under subsection (e) shall be liable

5 for a civil penalty in an amount not to exceed $25,000.

6 Each day of a continuing violation constitutes a separate

7 violation. A vessel operated in violation of the regulations

8 is liable in rem for any civil penalty assessed under this

9 subsection for that violation.

10 ‘‘(g) CRIMINAL PENALTIES.—Any person who know11 ingly violates the regulations promulgated under sub12 section (e) is guilty of a class C violation.

13 ‘‘(h) COORDINATION WITH OTHER AGENCIES.—To

14 the maximum extent practicable, in carrying out the pro15 grams under this section, the Secretary shall arrange to

16 use the expertise, facilities, members, or personnel of es17 tablished agencies and organizations that have routine

18 contact with vessels, including the Animal and Plant

19 Health Inspection Service of the Department of Agri20 culture, port administrations, and ship pilots’ associations.

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

22 OTHER FOREIGN GOVERNMENTS.—In developing the

23 guidelines issued, and regulations promulgated, under this

24 section, the Secretary is encouraged to consult with the

25 Government of Canada, the Government of Mexico, and
20

•HR 3217 IH

1 any other government of a foreign country that the Sec2 retary, in consultation with the Task Force, determines

3 to be necessary to develop and implement an effective

4 international program for preventing the unintentional in5 troduction and spread of nonindigenous species in the wa6 ters of North America (as defined by the Secretary).

7 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec8 retary, in cooperation with the International Maritime Or9 ganization of the United Nations and the Commission on

10 Environmental Cooperation established pursuant to the

11 North American Free Trade Agreement, is encouraged to

12 enter into negotiations with the governments of foreign

13 countries to develop and implement an effective inter14 national program for preventing the unintentional intro15 duction and spread of nonindigenous species in the waters

16 of North America (as defined by the Secretary).’’.

17 (c) NATIONAL BALLAST WATER MANAGEMENT IN18 FORMATION.—Section 1102 (16 U.S.C. 4712) is amend19 ed—

20 (1) by striking the section heading and insert21 ing the following new section heading:

22 ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN23 FORMATION.’’;

24 (2) in subsection (a)—
21

•HR 3217 IH

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

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

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

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

5 Champlain and other’’ after ‘‘economic uses

6 of’’; and

7 (C) by striking subsection (b) and insert8 ing the following:

9 ‘‘(b) ECOLOGICAL AND BALLAST DISCHARGE SUR10 VEYS.—

11 ‘‘(1) ECOLOGICAL SURVEYS.—

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

13 cooperation with the Secretary, shall conduct

14 ecological surveys of the Chesapeake Bay, San

15 Francisco Bay, Honolulu Harbor, Prince Wil16 liam Sound, and other waters that the Task

17 Force determines—

18 ‘‘(i) to be highly susceptible to inva19 sion by aquatic nuisance species resulting

20 from ballast water operations and other

21 operations of vessels; and

22 ‘‘(ii) to require further study.

23 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

24 conducting the surveys under this paragraph,
22

•HR 3217 IH

1 the Task Force shall, with respect to each such

2 survey—

3 ‘‘(i) examine the attributes and pat4 terns of invasions of aquatic nuisance spe5 cies; and

6 ‘‘(ii) provide an estimate of the effec7 tiveness of ballast water management and

8 other vessel management guidelines issued,

9 and regulations promulgated, under this

10 subtitle in abating invasions of aquatic nui11 sance species in the waters that are the

12 subject of the survey.

13 ‘‘(2) BALLAST DISCHARGE SURVEYS.—

14 ‘‘(A) IN GENERAL.—The Secretary, in co15 operation with the Task Force, shall conduct

16 surveys of ballast discharge rates and practices

17 in the waters referred to in paragraph (1)(A)

18 on the basis of the criteria under clauses (i)

19 and (ii) of such paragraph.

20 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

21 conducting the surveys under this paragraph,

22 the Secretary shall—

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

24 in, ballast water discharge in the waters

25 that are the subject of the survey; and
23

•HR 3217 IH

1 ‘‘(ii) assess the effectiveness of vol2 untary guidelines issued, and regulations

3 promulgated, under this subtitle in altering

4 ballast discharge practices to reduce the

5 probability of accidental introductions of

6 aquatic nuisance species.

7 ‘‘(c) GRANT TO CHESAPEAKE RESEARCH CONSOR8 TIUM.—For each of fiscal years 1997 through 2002, the

9 Secretary of the Smithsonian Institution shall award a

10 grant in an amount equal to $750,000 to the Chesapeake

11 Research Consortium to fund aquatic nuisance species

12 prevention and control research in the Chesapeake Bay

13 through competitive grants to universities and research in14 stitutions.

15 ‘‘(d) NATIONAL BALLAST INFORMATION CLEARING16 HOUSE.—

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

18 Smithsonian Institution, acting through the Smith19 sonian Environmental Research Center, shall develop

20 and maintain, in consultation with the Task Force,

21 a clearinghouse of national data concerning—

22 ‘‘(A) ballasting practices;

23 ‘‘(B) compliance with the guidelines issued

24 pursuant to section 1101(c); and
24

•HR 3217 IH

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

2 Task Force under subsection (b).

3 ‘‘(2) REPORT.—The head of the Smithsonian

4 Environmental Research Center shall prepare and

5 submit to the Secretary of the Smithsonian Institu6 tion, on a biannual basis, a report that synthesizes

7 and analyzes the data referred to in paragraph (1)

8 relating to—

9 ‘‘(A) ballast water delivery and manage10 ment; and

11 ‘‘(B) invasions of aquatic nuisance species

12 resulting from ballast water.’’.

13 (d) NAVAL BALLAST WATER PROGRAM; BALLAST

14 WATER MANAGEMENT DEMONSTRATION PROGRAM.—

15 Subtitle B (16 U.S.C. 4701 et seq.) is amended by adding

16 at the end the following new sections:

17 ‘‘SEC. 1103. NAVAL BALLAST WATER PROGRAM.

18 ‘‘Subject to operational conditions, the Chief of Naval

19 Operations of the Department of the Navy, in consultation

20 with the Secretary, the Task Force, and the International

21 Maritime Organization, shall implement a ballast water

22 management program for the seagoing fleet of the Navy

23 to limit the risk of invasion by nonindigenous species re24 sulting from releases of ballast water.
25

•HR 3217 IH

1 ‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRA2 TION PROGRAM.

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

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

5 practices’ means those technologies and practices that—

6 ‘‘(1) may be retrofitted—

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

8 new vessel designs; and

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

10 treatment facilities;

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

12 facilities;

13 ‘‘(3) are operationally practical;

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

15 ‘‘(5) are environmentally sound;

16 ‘‘(6) are cost-effective;

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

18 and

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

20 aquatic nuisance species.

21 ‘‘(b) DEMONSTRATION PROGRAM.—

22 ‘‘(1) IN GENERAL.—During the 18-month pe23 riod beginning on the date that funds are made

24 available by appropriations pursuant to section

25 1301(e), the Secretary of the Interior, in cooperation

26 with the Secretary, shall conduct a ballast water
26

•HR 3217 IH

1 management demonstration program to demonstrate

2 technologies and practices to prevent aquatic

3 nonindigenous species from being introduced into

4 and spread through ballast water in the Great Lakes

5 and other waters of the United States.

6 ‘‘(2) UNITED STATES SHIPYARDS AND SHIP RE7 PAIR FACILITIES.—The installation and construction

8 of the technologies and practices used in the dem9 onstration program conducted under this subsection

10 shall be performed in a United States shipyard or

11 ship repair facility.

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

13 technologies and practices on vessels under this sub14 section, the Secretary the Interior, shall—

15 ‘‘(A) use only vessels that—

16 ‘‘(i) have ballast systems conducive to

17 testing aboard-vessel or land-based tech18 nologies and practices applicable to a sig19 nificant number of merchant vessels;

20 ‘‘(ii) are predominantly owned by citi21 zens of the United States (as determined

22 by the Secretary of the Interior); and

23 ‘‘(iii) are—

24 ‘‘(I) publicly or privately owned;

25 and
27

•HR 3217 IH

1 ‘‘(II) in active use for trade or

2 other cargo shipment purposes during

3 the demonstration; and

4 ‘‘(B) seek to use a variety of vessel types,

5 including vessels that—

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

7 and on the Great Lakes; and

8 ‘‘(ii) are operated along the other

9 major coasts of the United States and in10 land waterways, including the Prince Wil11 liam Sound, San Francisco Bay, and

12 Chesapeake Bay.

13 ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC14 TICES.—If a report on a study on ships’ ballast op15 erations conducted by the National Research Council

16 Marine Board of the National Academy of Sciences

17 is available at the time that the Secretary of the In18 terior selects technologies and practices for dem19 onstration under this subsection, the Secretary of

20 the Interior shall, in making such selections, give

21 priority to any technologies and practices identified

22 as promising by the Board in such report.

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

24 date of enactment of the National Invasive Species

25 Act of 1996, the Secretary of the Interior shall pre-
28

•HR 3217 IH

1 pare and submit a report to Congress on the dem2 onstration program conducted pursuant to this sec3 tion. The report shall include findings and rec4 ommendations of the Secretary of the Interior con5 cerning technologies and practices.

6 ‘‘(c) AUTHORITIES; CONSULTATION AND COOPERA7 TION WITH INTERNATIONAL MARITIME ORGANIZATION

8 AND TASK FORCE.

9 ‘‘(1) AUTHORITIES.—In conducting the dem10 onstration program under subsection (b), the Sec11 retary of the Interior may—

12 ‘‘(A) enter into cooperative agreements

13 with appropriate officials of other agencies of

14 the Federal Government, agencies of States and

15 political subdivisions thereof, and private enti16 ties;

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

18 personnel from other Federal agencies; and

19 ‘‘(C) accept donations of property and

20 services.

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

22 Secretary of the Interior shall consult and cooperate

23 with the International Maritime Organization and

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

25 (e) AMENDMENTS TO SUBTITLE C.—
29

•HR 3217 IH

1 (1) SUBTITLE HEADING.—The subtitle heading

2 to subtitle C (16 U.S.C. 4721 et seq.) is amended

3 to read as follows:

4 ‘‘Subtitle C—Prevention and Con5 trol of Aquatic Nuisance Species

6 Dispersal’’

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

8 4721) is amended—

9 (A) in subsection (b)—

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

11 paragraph (5);

12 (ii) by redesignating paragraph (6) as

13 paragraph (7); and

14 (iii) by inserting after paragraph (5)

15 the following new paragraph:

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

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

18 Lake Champlain Basin Program, the Chesa19 peake Bay Program,’’ before ‘‘and State agen20 cies’’.

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

22 U.S.C. 4722) is amended—

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

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

25 (B) in subsection (i)—
30

•HR 3217 IH

1 (i) in paragraph (1)—

2 (I) by striking ‘‘(1) IN GEN3 ERAL.—The Task Force’’ and insert4 ing the following:

5 ‘‘(1) ZEBRA MUSSEL.—

6 ‘‘(A) IN GENERAL.—The Task Force’’;

7 (II) by striking ‘‘(A) research’’

8 and inserting the following:

9 ‘‘(i) research’’;

10 (III) by striking ‘‘(B) tracking’’

11 and inserting the following:

12 ‘‘(ii) tracking’’;

13 (IV) by striking ‘‘(C) develop14 ment’’ and inserting the following:

15 ‘‘(iii) development’’; and

16 (V) by striking ‘‘(D) provision’’

17 and inserting the following:

18 ‘‘(iv) provision’’;

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

20 PUBLIC FACILITY RESEARCH AND DEVEL21 OPMENT.—’’ and inserting the following:

22 ‘‘(B) PUBLIC FACILITY RESEARCH AND

23 DEVELOPMENT.—’’;

24 (iii) in subparagraph (B) of para25 graph (1), as so redesignated, by striking
31

•HR 3217 IH

1 the first sentence and inserting the follow2 ing: ‘‘The Assistant Secretary, in consulta3 tion with the Task Force, shall develop a

4 program of research, technology develop5 ment, and demonstration for the environ6 mentally sound control of zebra mussels in

7 and around public facilities.’’;

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

9 subparagraph (B), as so redesignated, the

10 following new subparagraph:

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

12 than 1 year after the date of enactment of this

13 subparagraph, the Task Force shall develop and

14 submit to the Secretary for issuance by the Sec15 retary, voluntary guidelines for controlling the

16 spread of the zebra mussel through recreational

17 activities, including boating and fishing. Not

18 later than the date specified in the preceding

19 sentence, the Secretary shall issue voluntary

20 guidelines that incorporate the guidelines devel21 oped by the Task Force under this subpara22 graph.’’; and

23 (v) by adding at the end the following

24 new paragraphs:

25 ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—
32

•HR 3217 IH

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

2 the Environmental Protection Agency, in co3 operation with the National Science Foundation

4 and the Task Force, shall provide research

5 grants on a competitive basis for projects

6 that—

7 ‘‘(i) identify environmentally sound

8 methods for controlling the dispersal and

9 spread of aggressively invading species,

10 such as the zebra mussel; and

11 ‘‘(ii) adhere to research protocols de12 veloped pursuant to section 1202(f)(2).

13 ‘‘(B) AUTHORIZATION OF APPROPRIA14 TIONS.—There are authorized to be appro15 priated to the Environmental Protection Agency

16 to carry out this paragraph, $500,000.

17 ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—

18 ‘‘(A) IN GENERAL.—The Assistant Sec19 retary, in consultation with the Task Force,

20 shall investigate and identify environmentally

21 sound methods for preventing and reducing the

22 dispersal of nonindigenous nuisance aquatic

23 species between the Great Lakes-Saint Law24 rence drainage and the Mississippi River drain25 age through the Chicago River Ship and Sani-
33

•HR 3217 IH

1 tary Canal, including any of those methods that

2 could be incorporated into the operation or con3 struction of the lock system of the Chicago

4 River Ship and Sanitary Canal.

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

6 after the date of enactment of this paragraph,

7 the Assistant Secretary shall issue a report to

8 the Congress that includes recommendations

9 concerning—

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

11 identified under the study conducted under

12 this paragraph are most promising with re13 spect to preventing and reducing the dis14 persal of nonindigenous nuisance aquatic

15 species; and

16 ‘‘(ii) ways to incorporate those meth17 ods into ongoing operations of the United

18 States Army Corps of Engineers that are

19 conducted at the Chicago River Ship and

20 Sanitary Canal.

21 ‘‘(C) AUTHORIZATION OF APPROPRIA22 TIONS.—There are authorized to be appro23 priated to the Department of the Army, to

24 carry out this paragraph, $750,000.
34

•HR 3217 IH

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

2 by law, in carrying out the studies under paragraphs

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

4 Protection Agency and the Secretary of the Army

5 may enter into an agreement with an interested

6 party under which that party provides in kind or

7 monetary contributions for the study.

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

9 Lakes Environmental Research Laboratory of the

10 National Oceanic and Atmospheric Administration

11 shall provide technical assistance to the Lake Cham12 plain Research Consortium to assist in the research

13 conducted by that consortium pursuant to this sub14 section.’’.

15 (4) IMPLEMENTATION.—Section 1202(j) (16

16 U.S.C. 4722(j)) is amended—

17 (A) in paragraph (1), by striking ‘‘Not

18 later than 18 months after the date of the en19 actment of this Act, the Director’’ and inserting

20 ‘‘The Director, the Secretary,’’; and

21 (B) by adding at the end the following new

22 paragraph:

23 ‘‘(3) ENFORCEMENT ASSISTANCE.—To the ex24 tent allowable by law, and in a manner consistent

25 with section 141 of title 14, United States Code, the
35

•HR 3217 IH

1 Director, the Secretary, and the Under Secretary

2 may provide enforcement assistance pursuant to a

3 management plan that is approved by the Director,

4 the Secretary, or the Under Secretary for the control

5 of nonindigenous aquatic nuisance species upon re6 quest of a State or Indian tribe.’’.

7 (5) REGIONAL COORDINATION.—Section 1203

8 (16 U.S.C. 4723) is amended—

9 (A) by striking the section heading and in10 serting the following new section heading:

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

12 (B) in the matter preceding paragraph (1),

13 by inserting ‘‘region’’ before ‘‘representatives’’;

14 (C) in paragraphs (1) through (6), by

15 striking ‘‘Great Lakes’’ each place it appears

16 and inserting ‘‘Great Lakes region’’; and

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

18 subsection:

19 ‘‘(d) REGIONAL PANELS.—The Task Force shall—

20 ‘‘(1) encourage the development and use of re21 gional panels and other similar entities in regions

22 other than the Great Lakes to carry out, with re23 spect to those regions, activities that are similar to

24 the activities described in subsection (a); and
36

•HR 3217 IH

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

2 entities that carry out the activities described in

3 paragraph (1).’’.

4 (6) STATE OR INTERSTATE WATERSHED

5 AQUATIC NUISANCE SPECIES MANAGEMENT PLAN.—

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

7 (A) in subsection (a)—

8 (i) by striking the heading and insert9 ing the following:

10 ‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES

11 MANAGEMENT PLANS.—’’;

12 (ii) in paragraph (1)—

13 (I) by striking the matter preced14 ing subparagraph (A) and inserting

15 the following:

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

17 opportunity for public comment, the Governor of

18 each State may prepare and submit, or the Gov19 ernors of the States and the governments of the In20 dian tribes involved in an interstate organization,

21 may jointly prepare and submit—’’;

22 (II) in subparagraph (A), by

23 striking ‘‘technical and financial as24 sistance’’ and inserting ‘‘technical, en-
37

•HR 3217 IH

1 forcement, or financial assistance (or

2 any combination thereof)’’; and

3 (III) in subparagraphs (A) and

4 (B), by inserting ‘‘or within the inter5 state region involved’’ after ‘‘within

6 the State’’ each place it appears;

7 (iii) in paragraph (2)—

8 (I) in subparagraph (B), by

9 striking ‘‘and’’ at the end of the sub10 paragraph;

11 (II) by redesignating subpara12 graph (C) as subparagraph (D);

13 (III) by inserting after subpara14 graph (B) the following:

15 ‘‘(C) identify any new authority that the

16 State (or any State or Indian tribe involved in

17 the interstate organization) does not have at

18 the time of the development of the plan that

19 may be necessary for the State (or any State or

20 Indian tribe involved in the interstate organiza21 tion) to protect public health, property, and the

22 environment from harm by aquatic nuisance

23 species; and’’; and
38

•HR 3217 IH

1 (IV) in subparagraph (D), as re2 designated, by inserting ‘‘, and ena3 bling legislation’’ before the period;

4 (iv) in paragraph (3)—

5 (I) in subparagraph (A)—

6 (aa) by inserting ‘‘or inter7 state organization’’ after ‘‘the

8 State’’; and

9 (bb) by inserting ‘‘Indian

10 tribes,’’ after ‘‘local govern11 ments,’’; and

12 (II) in subparagraph (B), by in13 serting ‘‘or the appropriate official of

14 an interstate organization’’ after ‘‘a

15 State’’; and

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

17 the interstate organization’’ after ‘‘the

18 Governor’’; and

19 (B) in subsection (b)(1)—

20 (i) by striking ‘‘or the Assistant Sec21 retary, as appropriate under subsection (a)

22 of this section,’’; and

23 (ii) by striking ‘‘approved manage24 ment plans’’ and inserting ‘‘management

25 plans approved under subsection (a)’’.
39

•HR 3217 IH

1 (f) AUTHORIZATIONS OF APPROPRIATIONS.—Section

2 1301 (16 U.S.C. 4741) is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘and’’ at the end of para5 graph (2);

6 (B) by striking paragraph (3) and insert7 ing the following;

8 ‘‘(3) $3,000,000 for each of the fiscal years

9 1997 through 2002 to the department in which the

10 Coast Guard is operating to carry out section

11 1101;’’;

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 Department of

20 Commerce, to be used by the Under Secretary;

21 and

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

23 2002, $1,250,000 to the Smithsonian Institution, of

24 which—
40

•HR 3217 IH

1 ‘‘(A) $750,000 shall be used to carry out

2 section 1102(c); and

3 ‘‘(B) $500,000 shall be used to carry out

4 section 1102(d).’’;

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

16 out section 1202;

17 ‘‘(3) $1,500,000 to fund aquatic nuisance spe18 cies prevention and control research under section

19 1202(i) at the Great Lakes Environmental Research

20 Laboratory of the National Oceanic and Atmos21 pheric Administration and the Lake Champlain Re22 search Consortium, of which $500,000 shall be used

23 by the Lake Champlain Research Consortium;
41

•HR 3217 IH

1 ‘‘(4) $5,000,000 for competitive grants for uni2 versity research on aquatic nuisance species under

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

4 ‘‘(A) $4,000,000 to fund grants under sec5 tion 206 of the National Sea Grant College

6 Program Act (33 U.S.C. 1121 et seq.) and

7 grants to colleges for the benefit of agriculture

8 and the mechanic arts referred to in the first

9 section of the Act of August 30, 1890 (26 Stat.

10 417, chapter 841; 7 U.S.C. 322); and

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

12 the Cooperative Fisheries and Wildlife Research

13 Unit Program of the United States Fish and

14 Wildlife Service;

15 ‘‘(5) $200,000 to fund aquatic nuisance species

16 prevention and control activities of the Great lakes

17 Commission; and

18 ‘‘(6) $3,000,000 to the Assistant Secretary to

19 carry out section 1202(i)(1)(B).’’;

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

21 following:

22 ‘‘(c) GRANTS FOR STATE MANAGEMENT PRO23 GRAMS.—There are authorized to be appropriated for each

24 of fiscal years 1997 through 2001 $4,000,000 to the De25 partment of the Interior, to be used by the Director.’’; and
42

•HR 3217 IH

1 (4) by adding at the end the following new sub2 section:

3 ‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRA4 TION PROGRAM.—There are authorized to be appropriated

5 to the Department of the Interior $2,000,000 to carry out

6 section 1104.’’.

7 SEC. 3. STATUTORY CONSTRUCTION.

8 Nothing in this Act or the amendments made by this

9 Act is intended to affect the authorities and responsibil10 ities of the Great Lakes Fishery Commission established

11 under article II of the Convention on Great Lakes Fish12 eries between the United States of America and Canada,

13 signed at Washington on September 10, 1954 (hereafter

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

15 the authorities and responsibilities of the Great Lakes

16 Fishery Commission—

17 (1) for developing and implementing a com18 prehensive program for eradicating or minimizing

19 populations of sea lamprey in the Great Lakes wa20 tershed; and

21 (2) carrying out the duties of the Commission

22 specified in the Convention (including any amend23 ment thereto) and the Great Lakes Fishery Act of

24 1956 (16 U.S.C. 931 et seq.).

Æ