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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 237 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 237

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2009

 Mr. Levin (for himself, Mr. Voinovich, Mr. Brown, Mr. Casey, and Ms. 
   Stabenow) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Great Lakes 
Collaboration Implementation Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                       TITLE I--INVASIVE SPECIES

             Subtitle A--National Aquatic Invasive Species

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
PART I--Prevention of Introduction of Aquatic Invasive Species by Other 
                                Pathways

Sec. 111. Priority pathway management program.
Sec. 112. Screening process for planned importations of live aquatic 
                            organisms.
     PART II--Early Detection; Rapid Response; Control and Outreach

Sec. 121. Early detection.
Sec. 122. Rapid response.
Sec. 123. Dispersal barriers.
Sec. 124. Environmental soundness.
Sec. 125. Information, education, and outreach.
              PART III--Aquatic Invasive Species Research

Sec. 131. Ecological, pathway, and experimental research.
Sec. 132. Analysis.
Sec. 133. Vessel pathway standards research.
Sec. 134. Graduate education in systematics and taxonomy.
                         PART IV--Coordination

Sec. 141. Program coordination.
Sec. 142. International coordination.
                PART V--Authorization of Appropriations

Sec. 151. Authorization of appropriations.
                     PART VI--Conforming Amendments

Sec. 161. Conforming amendments.
             Subtitle B--Asian Carp Prevention and Control

Sec. 171. Addition of species of carp to the list of injurious species 
                            that are prohibited from being imported or 
                            shipped.
Sec. 172. Dispersal barriers.
             Subtitle C--National Invasive Species Council

Sec. 181. Definitions.
Sec. 182. Limitation on Federal actions.
Sec. 183. National Invasive Species Council.
Sec. 184. Duties of Council.
Sec. 185. National Invasive Species Management Plan.
Sec. 186. Invasive Species Advisory Committee.
Sec. 187. Budget analysis and summary.
Sec. 188. Existing Executive order.
Sec. 189. Authorization of appropriations.
                        TITLE II--COASTAL HEALTH

Sec. 201. Technical assistance.
Sec. 202. Sewer overflow control grants.
Sec. 203. Water pollution control revolving loan funds.
Sec. 204. Allotment of funds.
Sec. 205. Authorization of appropriations.
                      TITLE III--AREAS OF CONCERN

Sec. 301. Remediation of sediment contamination in areas of concern.
                       TITLE IV--TOXIC SUBSTANCES

Sec. 401. Mercury reduction grants.
                  TITLE V--INDICATORS AND INFORMATION

                      Subtitle A--Research Program

Sec. 501. Research reauthorizations.
Sec. 502. Great Lakes Science Center.
Sec. 503. Center for Sponsor Coastal Ocean Research.
Sec. 504. Great Lakes Environmental Research Laboratory.
            Subtitle B--Ocean and Coastal Observation System

Sec. 511. Definitions.
Sec. 512. Integrated ocean and coastal observing system.
Sec. 513. Research, development, and education.
Sec. 514. Interagency financing.
Sec. 515. Application with Outer Continental Shelf Lands Act.
Sec. 516. Authorization of appropriations.
Sec. 517. Reporting requirement.
    Subtitle C--Great Lakes Water Quality Indicators and Monitoring

Sec. 521. Great Lakes water quality indicators and monitoring.
                   TITLE VI--SUSTAINABLE DEVELOPMENT

Sec. 601. Waterfront restoration and remediation projects.
Sec. 602. Authority of Secretary to restore and remediate waterfront 
                            and related areas.
Sec. 603. Authorization of appropriations.
                 TITLE VII--COORDINATION AND OVERSIGHT

Sec. 701. Definitions.
Sec. 702. Great Lakes Interagency Task Force.
Sec. 703. Great Lakes Regional Collaboration Executive Committee.
Sec. 704. Great Lakes Regional Collaboration.
Sec. 705. Great Lakes restoration grants.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Lakes, containing approximately 20 percent of 
        the Earth's fresh surface water, are a treasure of global 
        significance;
            (2) the Great Lakes provide drinking water for millions of 
        people, facilitate commerce, and provide recreational 
        opportunities for people from across the United States and 
        around the world;
            (3) renewed efforts and investments are critical to aid in 
        meeting the goals and objectives of the Great Lakes Water 
        Quality Agreement between the United States and Canada;
            (4) in a report issued in December 2005, a group of leading 
        scientists from top institutions in the Great Lakes area found 
        that--
                    (A) the Great Lakes are on the brink of an ecologic 
                catastrophe;
                    (B) the primary stressors straining the health of 
                the Great Lakes are--
                            (i) toxic chemicals;
                            (ii) overloading of human waste and urban 
                        and agricultural runoff;
                            (iii) physical changes to the shorelines 
                        and wetlands;
                            (iv) invasive plant and animal species;
                            (v) changes in water patterns; and
                            (vi) overfishing;
                    (C) the deterioration of the Great Lakes ecosystem 
                is accelerating dramatically; and
                    (D) if the pattern of deterioration is not reversed 
                immediately, the damage could be irreparable;
            (5) as a result of the stressors described in paragraph 
        (4)(B)--
                    (A) over 1,800 beaches were closed in 2003;
                    (B) Lake Erie has developed a 6,300 square mile 
                dead zone that forms every summer;
                    (C) zebra mussels, an aquatic invasive species, 
                cause $500,000,000 per year in economic and 
                environmental damage in the Great Lakes;
                    (D) there is no appreciable natural reproduction of 
                lake trout in the lower 4 Great Lakes; and
                    (E) wildlife habitats have been destroyed, which 
                has diminished fishing, hunting, and other outdoor 
                recreation opportunities in the Great Lakes;
            (6) because of the patchwork approach to fixing the 
        problems facing the Great Lakes, the problems have not only 
        persisted in, but have also gotten worse in some areas of, the 
        Great Lakes;
            (7) rather than dealing with 1 problem or location of the 
        Great Lakes at a time, a comprehensive restoration of the 
        system is needed to prevent the Great Lakes from collapsing;
            (8) in December 2004, work began on the Great Lakes 
        Regional Collaboration, a unique partnership that was--
                    (A) formed for the purpose of developing a 
                strategic action plan for Great Lakes restoration; and
                    (B) composed of--
                            (i) key members from the Federal 
                        Government, State and local governments, and 
                        Indian tribes; and
                            (ii) other stakeholders;
            (9) over 1,500 people throughout the Great Lakes region 
        participated in this collaborative process, with participants 
        working on 1 or more of the 8 strategy teams that focused on 
        different issues affecting the Great Lakes basin;
            (10) the recommendations of the Great Lakes Regional 
        Collaboration, which was released on December 12, 2005, 
        identify actions to address the issues affecting the Great Lake 
        basin on the Federal, State, local, and tribal level; and
            (11) comprehensive restoration must be adaptive, and 
        ongoing efforts will be required to continually implement the 
        recommendations of the Great Lakes Regional Collaboration as 
        the recommendations relate to buffers, river restoration, 
        wetlands, emerging toxic pollutants, and other issues affecting 
        the Great Lakes basin.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering agencies.--The term ``administering 
        agencies'' means--
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Institution (acting through the 
                Smithsonian Environmental Research Center); and
                    (C) the United States Geological Survey.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters, riparian areas, and wetlands) located in the 
        United States.
            (4) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (5) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond the historic range of the invasive species.
            (6) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (7) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note; relating to 
        invasive species).
            (8) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            (9) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (10) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (11) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law 
        (including a regulation) for a particular application.

                       TITLE I--INVASIVE SPECIES

             Subtitle A--National Aquatic Invasive Species

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``National Aquatic Invasive 
Species Act of 2009''.

SEC. 102. FINDINGS.

    Congress finds that--
            (1) aquatic invasive species are second only to habitat 
        destruction as a cause of permanent losses in biological 
        diversity of aquatic ecosystems of the United States;
            (2) aquatic invasive species continue to be introduced into 
        waters of the United States at an unacceptable rate;
            (3) aquatic invasive species damage infrastructure, disrupt 
        commerce, out compete native species, reduce biodiversity, and 
        threaten human health;
            (4) the direct and indirect costs of aquatic invasive 
        species to the economy of the United States amount to billions 
        of dollars per year;
            (5) in the Great Lakes region, approximately $3,000,000,000 
        has been spent in the past 10 years to mitigate the damage 
        caused by a single invasive species, the zebra mussel;
            (6) wetlands suffer compound impacts from--
                    (A) aquatic infestations (such as Hydrilla); and
                    (B) riparian infestations (such as Purple 
                Loosestrife);
            (7) prevention of aquatic invasive species is the most 
        environmentally sound and cost-effective management approach 
        because once established, aquatic invasive species are costly, 
        and sometimes impossible to control;
            (8) to be effective, the prevention, early detection, and 
        control of and rapid response to aquatic invasive species 
        should be coordinated regionally, nationally, and 
        internationally;
            (9) pathway management is the most promising approach to 
        reducing unplanned introductions of aquatic invasive species;
            (10) consistent national screening criteria are needed to 
        evaluate the potential risk of nonindigenous aquatic species;
            (11) States and regions have--
                    (A) unique vulnerabilities with respect to aquatic 
                invasive species; and
                    (B) unique means for addressing aquatic invasive 
                species;
            (12) to accurately identify and manage high risk pathways, 
        it is essential to carry out a comprehensive research program 
        that--
                    (A) monitors pathways and ecosystems to detect the 
                establishment and spread of invasive species;
                    (B) develops and demonstrates effective methods for 
                the management and control of invasive species; and
                    (C) monitors the success of efforts to prevent and 
                control invasive species; and
            (13) it is in the interest of the United States to--
                    (A) carry out a comprehensive and thorough program 
                to research, prevent, manage, and control the 
                introduction of aquatic species that may become 
                invasive; and
                    (B) to the maximum extent practicable, coordinate 
                the program described in subparagraph (A) with 
                neighboring nations and other programs being carried 
                out globally.

SEC. 103. DEFINITIONS.

    Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:

``SEC. 1003. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Aquatic ecosystem.--The term `aquatic ecosystem' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters and wetlands), located wholly in the United 
        States.
            ``(3) Aquatic organism.--
                    ``(A) In general.--The term `aquatic organism' 
                means a living animal, plant, fungus, or microorganism 
                inhabiting or reproducing in an aquatic ecosystem.
                    ``(B) Inclusions.--The term `aquatic organism' 
                includes--
                            ``(i) seeds;
                            ``(ii) eggs;
                            ``(iii) spores; and
                            ``(iv) any other viable biological 
                        material.
            ``(4) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(5) Ballast water.--
                    ``(A) In general.--The term `ballast water' means--
                            ``(i) any water (including matter suspended 
                        in the water) taken on board a vessel to 
                        control trim, list, draught, stability, or 
                        stress of the vessel; and
                            ``(ii) any water placed into a ballast tank 
                        during cleaning, maintenance, or any other 
                        operation.
                    ``(B) Exclusion.--The term `ballast water' does not 
                include water that, at the time of discharge of the 
                water--
                            ``(i) does not contain any aquatic invasive 
                        species that was taken on board a vessel; and
                            ``(ii) was used for a purpose described in 
                        subparagraph (A)(i).
            ``(6) Best performing treatment technology.--The term `best 
        performing treatment technology' means the ballast water 
        treatment technology that is, as determined by the Secretary--
                    ``(A) the most biologically effective;
                    ``(B) the most environmentally sound; and
                    ``(C) suitable, available, and economically 
                practicable.
            ``(7) Coastal voyage.--The term `coastal voyage' means a 
        voyage conducted entirely within the exclusive economic zone.
            ``(8) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(9) Environmentally sound.--The term `environmentally 
        sound', refers to an activity that prevents or reduces 
        introductions, or controls infestations, of aquatic invasive 
        species in a manner that minimizes adverse effects on--
                    ``(A) the structure and function of an ecosystem; 
                and
                    ``(B) nontarget organisms and ecosystems.
            ``(10) Exclusive economic zone.--The term `exclusive 
        economic zone' means the area comprised of--
                    ``(A) the Exclusive Economic Zone of the United 
                States established by Proclamation Number 5030, dated 
                March 10, 1983; and
                    ``(B) the equivalent zones of Canada and Mexico.
            ``(11) Existing vessel.--The term `existing vessel' means 
        any vessel that enters service on or before December 31, 2009.
            ``(12) Great lakes.--The term `Great Lakes' means--
                    ``(A) Lake Erie;
                    ``(B) Lake Huron (including Lake Saint Clair);
                    ``(C) Lake Michigan;
                    ``(D) Lake Ontario;
                    ``(E) Lake Superior;
                    ``(F) the connecting channels of those Lakes, 
                including--
                            ``(i) the Saint Mary's River;
                            ``(ii) the Saint Clair River;
                            ``(iii) the Detroit River;
                            ``(iv) the Niagara River; and
                            ``(v) the Saint Lawrence River to the 
                        Canadian border; and
                    ``(G) any other body of water located within the 
                drainage basin of a Lake, River, or connecting channel 
                described in any of subparagraphs (A) through (F).
            ``(13) Great lakes region.--The term `Great Lakes region' 
        means the region comprised of the States of Illinois, Indiana, 
        Michigan, Minnesota, New York, Ohio, Pennsylvania, and 
        Wisconsin.
            ``(14) In trade.--The term `in trade', with respect to a 
        species, means a species that has a documented history of 
        repeatedly being commercially imported into the United States 
        during the period beginning on January 1, 1990, and ending on 
        January 1, 2007.
            ``(15) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(16) Interbasin waterway.--The term `interbasin waterway' 
        means a waterway that connects 2 distinct water basins.
            ``(17) Introduction.--The term `introduction' means the 
        transfer of an organism to an ecosystem outside the historic 
        range of the species of which the organism is a member.
            ``(18) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(19) Invasive species.--The term `invasive species' means 
        a nonindigenous species the introduction of which into an 
        ecosystem may cause harm to the economy, environment, human 
        health, recreation, or public welfare.
            ``(20) National invasive species council.--The term 
        `National Invasive Species Council' means the interagency 
        council established by section 3 of Executive Order No. 13112 
        (42 U.S.C. 4321 note).
            ``(21) New vessel.--The term `new vessel' means any vessel 
        that enters service on or after January 1, 2010.
            ``(22) Nonindigenous species.--The term `nonindigenous 
        species' means any species in an ecosystem the range of which 
        exceeds the historic range of the species in that ecosystem.
            ``(23) Organism transfer.--The term `organism transfer' 
        means the movement of an organism of any species from 1 
        ecosystem to another ecosystem outside the historic range of 
        the species.
            ``(24) Pathway.--The term `pathway' means 1 or more vectors 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            ``(25) Planned importation.--The term `planned importation' 
        means the purposeful movement of 1 or more nonindigenous 
        organisms for use in the territorial limits of the United 
        States.
            ``(26) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(27) Saltwater flushing.--The term `saltwater flushing' 
        means the process of--
                    ``(A) adding midocean water to a ballast water tank 
                that contains residual quantities of ballast water;
                    ``(B) mixing the midocean water with the residual 
                ballast water and sediment in the tank through the 
                motion of a ship; and
                    ``(C) discharging the mixed water so that the 
                salinity of the resulting residual ballast water in the 
                tank exceeds 30 parts per thousand.
            ``(28) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(29) Species.--The term `species' means any fundamental 
        category of taxonomic classification below the level of genus 
        or subgenus, including a species, subspecies, or any recognized 
        variety of animal, plant, fungus, or microorganism.
            ``(30) Task force.--The term `Task Force' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a).
            ``(31) Treatment.--The term `treatment' means a mechanical, 
        physical, chemical, biological, or other process or method of 
        killing, removing, or rendering inviable organisms.
            ``(32) Type approval.--The term `type approval' means an 
        approval procedure under which a type of system is initially 
        certified as meeting a standard established by law (including a 
        regulation) for a particular application if the system is 
        operated correctly.
            ``(33) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(34) Undesirable impact.--The term `undesirable impact' 
        means economic, human health, aesthetic, or environmental 
        degradation that is not necessary for, and is not clearly 
        outweighed by, public health, environmental, or welfare 
        benefits.
            ``(35) Waters of the united states.--
                    ``(A) In general.--The term `waters of the United 
                States' means the navigable waters and territorial sea 
                of the United States.
                    ``(B) Inclusion.--The term `waters of the United 
                States' includes the Great Lakes.''.

PART I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY OTHER 
                                PATHWAYS

SEC. 111. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended 
by adding at the end the following:

``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    ``(a) Identification of High Priority Pathways.--Not later than 2 
years after the date of enactment of the National Aquatic Invasive 
Species Act of 2009, and every 3 years thereafter, the Task Force, in 
coordination with the National Invasive Species Council and in 
consultation with representatives of States, industry, and other 
interested parties, shall, based on pathway surveys conducted under 
this title and other available research relating to the rates of 
introductions in waters of the United States--
            ``(1) identify those pathways that pose the highest risk 
        for introductions of invasive species, both nationally and on a 
        region-by-region basis;
            ``(2) develop recommendations for management strategies for 
        those high-risk pathways;
            ``(3) include in the report to Congress required under 
        section 1201(f)(2)(B) a description of the identifications, 
        strategies, and recommendations based on research collected 
        under this title; and
            ``(4) identify invasive species not yet introduced into 
        waters of the United States that are likely to be introduced 
        into waters of the United States unless preventative measures 
        are taken.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2009, the Task Force or agencies of jurisdiction shall, to the 
maximum extent practicable, implement the strategies described in 
subsection (a)(2), considering appropriate periodic updates to the 
strategies.''.

SEC. 112. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC 
              ORGANISMS.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at 
the end the following:

``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF AQUATIC 
              ORGANISMS.

    ``(a) Purpose.--The purpose of the screening process under this 
section is to prevent the introduction or establishment of aquatic 
invasive species, including pathogens and parasites of the species, in 
waters of the United States and contiguous waters of Canada and Mexico.
    ``(b) Catalog of Species in Trade.--Not later than 18 months after 
the date of enactment of the National Aquatic Invasive Species Act of 
2009, the Director of the United States Geological Survey, the 
Administrator of the Animal and Plant Health Inspection Service, the 
Director of the Smithsonian Environmental Research Center, and other 
Federal agencies with jurisdiction over planned importations of live 
organisms, shall--
            ``(1) develop and, as necessary, update a catalog of 
        species in trade; and
            ``(2) include the catalog in the information provided to 
        the public pursuant to section 1102(f) .
    ``(c) Planned Importations.--Not later than 3 years after the date 
of enactment of the National Aquatic Invasive Species Act of 2009, no 
aquatic organism of a species that is not in trade shall be imported 
into the United States without screening and approval in accordance 
with this section.
    ``(d) Guidelines.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2009, the National Invasive Species Council, in conjunction 
        with the Task Force and in consultation with affected regional 
        panels, States, Indian tribes, and other stakeholders, shall 
        promulgate guidelines for screening proposed planned 
        importations of aquatic organisms into the United States.
            ``(2) Content.--At a minimum, the guidelines under 
        paragraph (1) shall include guidelines relating to--
                    ``(A) the minimum information requirements for 
                screening determinations under subsection (e);
                    ``(B) a simplified notification procedure for any 
                additional shipment of organisms that may occur after 
                completion of an initial screening process and 
                determination under subsection (e);
                    ``(C) application forms; and
                    ``(D) shipping labels.
            ``(3) Factors for consideration.--In developing guidelines 
        under this section, the National Invasive Species Council and 
        the Task Force shall take into consideration--
                    ``(A) the likelihood of the spread of the 
                applicable species by human or natural means;
                    ``(B) species that may occur in association with 
                the species planned for importation, including 
                pathogens, parasites, and free-living organisms;
                    ``(C) regional differences in the probability of 
                invasion and associated impacts;
                    ``(D) the difficulty of controlling an established 
                population of an aquatic invasive species in the wild;
                    ``(E) the profile established under section 
                1108(b);
                    ``(F) any applicable best available science;
                    ``(G) the potential benefits associated with the 
                species; and
                    ``(H) the requirements of international law.
    ``(e) Screening.--
            ``(1) Evaluation.--
                    ``(A) In general.--Not later than 180 days after 
                the date of publication of the guidelines under 
                subsection (d), each Federal agency with authority over 
                an importation into the United States of an aquatic 
                organism of a species that is not in trade, as 
                determined in accordance with the catalog under 
                subsection (b), and that is proposed for importation 
                into the United States, shall--
                            ``(i) promulgate regulations in accordance 
                        with the guidelines under subsection (d); and
                            ``(ii) carry out screening in accordance 
                        with this subsection.
                    ``(B) Requirements.--The head a Federal agency 
                described in subparagraph (A) or the Director, as 
                applicable, shall--
                            ``(i) prohibit the importation into the 
                        United States of any species described in 
                        clause (i) or (iii) of paragraph (2)(B), unless 
                        the importation is for the sole purpose of 
                        research conducted in accordance with section 
                        1202(f)(2);
                            ``(ii) restrict, as necessary, the 
                        importation of any species described in 
                        subsection (2)(B)(ii), unless the importation 
                        is for the sole purpose of research conducted 
                        in accordance with section 1202(f)(2);
                            ``(iii) make a determination under this 
                        subsection not later than 180 days after 
                        receiving a complete request for permission to 
                        import a aquatic organism; and
                            ``(iv) make the results of the screening 
                        process available to the public.
            ``(2) Categories.--The screening process under this 
        subsection shall require--
                    ``(A) to the maximum extent practicable, the 
                identification, preferably to the species level but, at 
                a minimum, to the genus level, of aquatic organisms 
                proposed for importation; and
                    ``(B) the designation of--
                            ``(i) species with a high or moderate 
                        probability of undesirable impacts to areas 
                        within the United States and contiguous areas 
                        of neighboring countries to which the species 
                        is likely to be spread;
                            ``(ii) species with a low or no probability 
                        of undesirable impacts to areas within the 
                        United States and contiguous areas of 
                        neighboring counties to which the species is 
                        likely to be spread; and
                            ``(iii) species with respect to which there 
                        is insufficient information to determine the 
                        risk of such undesirable impacts.
            ``(3) Delegation and authority.--
                    ``(A) In general.--If no Federal agency has the 
                authority described in paragraph (1)(A), or if the head 
                of such a Federal agency delegates the screening 
                authority to the Director under subparagraph (B), the 
                Director shall screen the organism.
                    ``(B) Delegation to director.--The head of a 
                Federal agency with the authority described in 
                paragraph (1)(A) may delegate to the Director the 
                authority to carry out the screening process under this 
                subsection.
                    ``(C) United states fish and wildlife service.--
                            ``(i) In general.--The Director may 
                        restrict or prohibit the importation of an 
                        aquatic organism of a species not in trade in 
                        accordance with the regulations promulgated 
                        under paragraph (1)(A)(i) if--
                                    ``(I) no other Federal agency has 
                                authority to regulate the importation 
                                of the species; or
                                    ``(II) the head of a Federal agency 
                                delegates authority to the Director 
                                under subparagraph (B).
                            ``(ii) Screening requirements.--The 
                        Director shall promulgate screening 
                        requirements in accordance with the guidelines 
                        under subsection (d) to evaluate any planned 
                        importation of an aquatic organism, including 
                        an importation carried out by a Federal agency, 
                        that is not otherwise subject to Federal 
                        authority to permit the importation.
                    ``(D) Multiple jurisdiction.--
                            ``(i) In general.--If more than 1 Federal 
                        agency has jurisdiction over the importation of 
                        an aquatic organism, the agencies shall conduct 
                        only 1 screening process in accordance with a 
                        memorandum of understanding described in 
                        paragraph (4).
                            ``(ii) Cultured aquatic organisms.--The 
                        Secretary of Agriculture shall conduct 
                        screening of any aquatic organism imported to 
                        be cultured.
                    ``(E) Agency-initiated screening.--At the 
                discretion of the Federal agency with jurisdiction over 
                the importation of a species not in trade, the Federal 
                agency may initiate a screening process for a species 
                for which no other person has filed an application for 
                importation.
            ``(4) Memorandum of understanding.--
                    ``(A) In general.--The Director shall enter into a 
                memorandum of understanding with each Federal agency 
                with the authority to conduct screening under this 
                subsection.
                    ``(B) Contents.--A memorandum of understanding 
                under subparagraph (A) shall contain, at a minimum--
                            ``(i) a description of the relationship 
                        between, and responsibilities of, each Federal 
                        agency, including a process designating a lead 
                        agency in cases in which multiple agencies have 
                        jurisdiction over the screening of an aquatic 
                        species;
                            ``(ii) the process by which the Director 
                        will delegate screening duties to, and receive 
                        delegation from, other agencies of 
                        jurisdiction; and
                            ``(iii) the process by which the agency and 
                        the National Invasive Species Council will 
                        coordinate and share information required for 
                        the screening of a species.
    ``(f) Review and Revision.--
            ``(1) In general.--Not less frequently than once every 3 
        years, the National Invasive Species Council, in conjunction 
        with the Task Force, shall review and revise, based on research 
        on early detection and monitoring under section 1106 and other 
        information, the guidelines, screening, and other activities 
        carried out under this section.
            ``(2) Report.--Together with the report required under 
        section 1201(f)(2)(B), the National Invasive Species Council 
        shall submit to Congress--
                    ``(A) an evaluation of the effectiveness of the 
                screening process carried out under subsection (e);
                    ``(B) the consistency of the application of the 
                screening process by Federal agencies; and
                    ``(C) recommendations for revisions of the 
                screening process.
    ``(g) Prohibitions.--
            ``(1) In general.--Except as otherwise provided in this 
        section, it shall be unlawful to import an aquatic organism of 
        a species not in trade.
            ``(2) Penalties.--
                    ``(A) Civil penalty.--Any person that violates 
                subsection (c) shall be liable for a civil penalty in 
                an amount not to exceed $50,000.
                    ``(B) Criminal penalties.--Any person that 
                knowingly violates subsection (c) is guilty of a class 
                C felony.
    ``(h) Fees.--The head of any agency that has jurisdiction over a 
planned importation of an aquatic species subject to screening under 
this section may increase the amount of any appropriate fee that is 
charged under an applicable law (including regulations) to offset the 
cost of screening carried out under this section.
    ``(i) Effect on Other Laws.--
            ``(1) In general.--Nothing in this section repeals, 
        supersedes, or modifies any provision of Federal or State law 
        relating to the screening process for aquatic species 
        importation.
            ``(2) More protective laws.--A State, the District of 
        Columbia, or a territory of the Untied States may adopt an 
        aquatic plant or animal importation law, regulation, or policy 
        that requires a more protective screening process for aquatic 
        species importation than the regulations and policies of this 
        section.''.

     PART II--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 121. EARLY DETECTION.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
112) is amended by adding at the end the following:

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the National Aquatic Invasive Species Act of 2009, in 
conjunction with the Council, the Task Force shall (based on the 
standard protocol for early detection surveys developed under this 
title), promulgate a set of sampling protocols, a geographic plan, and 
budget to support a national system of ecological surveys to rapidly 
detect recently established aquatic invasive species in waters of the 
United States.
    ``(b) Contents.--The protocols, plan, and budget shall, at a 
minimum--
            ``(1) address a diversity of aquatic ecosystems of the 
        United States (including inland and coastal waters);
            ``(2) encourage State, local, port, and tribal 
        participation in monitoring;
            ``(3) balance scientific rigor with practicability, 
        timeliness, and breadth of sampling activity;
            ``(4) considers the pathways and organisms identified under 
        section 1210;
            ``(5) include a capacity to evaluate the impacts of 
        permitted importations screened by the processes established 
        under section 1105; and
            ``(6) include clear lines of communication with appropriate 
        Federal, State, and regional rapid response authorities.
    ``(c) Implementation.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2009, the 
Director of the United States Geological Survey, the Administrator of 
the National Oceanic and Atmospheric Administration, and the 
Administrator (in consultation with the National Invasive Species 
Council and in coordination with other agencies and organizations) 
shall implement a national system of ecological surveys that is--
            ``(1) carried out in cooperation with State, local, port, 
        tribal authorities, and other non-Federal entities (such as 
        colleges and universities); and
            ``(2) based on the protocols, plan, and budget published 
        under subsection (a) and any public comment.''.

SEC. 122. RAPID RESPONSE.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) (as amended 
by section 111) is amended by adding at the end the following:

``SEC. 1211. RAPID RESPONSE.

    ``(a) Emergency Rapid Response Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a revolving fund to assist States in 
        implementing rapid response measures for aquatic invasive 
        species, to be known as the `Emergency Rapid Response Fund' 
        (referred to in this subsection as the `Fund'), consisting of--
                    ``(A) such amounts as are appropriated to the Fund 
                under section 1301(g)(2)(A); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (3).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (C), on 
                request by the Secretary of the Interior, the Secretary 
                of the Treasury shall transfer from the Fund to the 
                Secretary of the Interior such amounts as the Secretary 
                of the Interior determines are necessary to provide 
                financial assistance to a State or the Federal rapid 
                response team under subparagraph (B) to assist in 
                implementing rapid response measures for aquatic 
                invasive species.
                    ``(B) State assistance.--
                            ``(i) In general.--A State may submit to 
                        the Secretary of the Interior an application 
                        for emergency response assistance from the 
                        Fund.
                            ``(ii) Approval.--If the Secretary of the 
                        Interior approves an application submitted 
                        under clause (i), the Secretary shall use 
                        amounts provided to the Secretary under 
                        subparagraph (A)--
                                    ``(I) in a case in which a State 
                                has in effect a rapid response 
                                contingency strategy that is approved 
                                under subsection (b), to provide 
                                emergency response assistance to the 
                                State; and
                                    ``(II) in a case in which the State 
                                does not have a rapid response 
                                contingency strategy approved under 
                                subsection (b) in effect, to provide 
                                emergency response assistance to the 
                                Federal rapid response team established 
                                under subsection (f).
                            ``(iii) Additional funds.--If additional 
                        amounts are needed for the conduct of emergency 
                        response activities in the State, the Secretary 
                        of the Interior may provide additional 
                        assistance to the State or Federal rapid 
                        response team under this paragraph.
                    ``(C) Administrative expenses.--An amount not to 
                exceed 10 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                Act.
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals.
                    ``(B) Interest-bearing obligations.--Investments 
                may be made only in interest-bearing obligations of the 
                United States.
                    ``(C) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(D) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(E) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Transfers of amounts.--
                    ``(A) In general.--The amounts required to be 
                transferred to the Fund under this section shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    ``(b) State Rapid Response Contingency Strategies.--The Task Force, 
in consultation with the National Invasive Species Council, shall 
approve a rapid response contingency strategy of a State if the 
strategy--
            ``(1) identifies all key governmental and nongovernmental 
        partners to be involved in carrying out the strategy;
            ``(2) clearly designates the authorities and 
        responsibilities of each partner, including the authority of 
        any State or government of an Indian tribe to distribute 
        emergency funds;
            ``(3) specifies criteria for rapid response measures, 
        including a diagnostic system that--
                    ``(A) distinguishes cases in which rapid response 
                has a likelihood of success and cases in which rapid 
                response has no likelihood of success;
                    ``(B) distinguishes rapid response measures from 
                ongoing management and control of established 
                populations of aquatic invasive species; and
                    ``(C) distinguishes instances in which the rate and 
                probability of organism dispersal is significantly 
                altered by vessel movements;
            ``(4) includes an early detection strategy that supports or 
        complements the early detection and monitoring system developed 
        under section 1108;
            ``(5) provides for a monitoring capability to assess--
                    ``(A) the extent of infestations; and
                    ``(B) the effectiveness of rapid response efforts;
            ``(6) to the maximum extent practicable, is integrated into 
        the State aquatic invasive species management plan approved 
        under section 1204;
            ``(7) to the maximum extent practicable, includes rapid 
        response tools that meet environmental criteria developed under 
        subsection (f)(4);
            ``(8) includes a public education and outreach component 
        directed at--
                    ``(A) potential pathways for spread of aquatic 
                invasive species; and
                    ``(B) persons involved in industries and 
                recreational activities associated with those pathways; 
                and
            ``(9) to the extent that the strategy involves vessels, 
        conforms with guidelines issued by the Secretary under 
        subsection (d)(2).
    ``(c) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the National Invasive Species Council 
and in consultation with the regional panels of the Task Force 
established under section 1203, shall encourage the development of 
regional rapid response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(d) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the National Aquatic Invasive 
Species Act of 2009--
            ``(1) the Task Force, with the concurrence of the National 
        Invasive Species Council and the regional panels of the Task 
        Force established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species that meets, to the maximum 
                extent practicable, the requirements of paragraphs (1) 
                through (9) of subsection (b); and
                    ``(B) a model regional rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels of the Task Force, shall issue guidelines 
        that describe vessel-related requirements that may be used in a 
        rapid response contingency strategy approved under this 
        section.
    ``(e) Cost Sharing.--
            ``(1) State rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        State rapid response contingency strategy approved under 
        subsection (b) shall be not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (c) shall be not less than 75 percent.
            ``(3) Form of non-federal share.--The non-Federal share 
        required under paragraph (1) or (2) may be in the form of in-
        kind contributions.
    ``(f) Federal Rapid Response Teams.--
            ``(1) Establishment of teams.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2009, the National Invasive Species Council, in 
        coordination with the Task Force and the heads of appropriate 
        Federal agencies, shall establish a Federal rapid response team 
        for each of the 10 Federal regions that comprise the Standard 
        Federal Regional Boundary System.
            ``(2) Duties of teams.--Each Federal rapid response team 
        shall, at a minimum--
                    ``(A) implement rapid eradication or control 
                responses for newly detected aquatic invasive species 
                on Federal and tribal land;
                    ``(B) carry out, or assist in carrying out, rapid 
                responses for newly detected aquatic invasive species 
                on non-Federal land at the request of a State, Indian 
                tribe, or group of States or Indian tribes;
                    ``(C) provide training and expertise for State, 
                tribal, or regional rapid responders;
                    ``(D) provide central sources of information for 
                rapid responders;
                    ``(E) maintain a list of researchers and rapid 
                response volunteers; and
                    ``(F) in carrying out any rapid response activity 
                with respect to an aquatic noxious weed listed under 
                section 412(f) of the Plant Protection Act (7 U.S.C. 
                7712(f)), include representatives of the Animal and 
                Plant Health Inspection Service.
            ``(3) Criteria for identifying cases of rapid response 
        warranting federal assistance.--Not later than 1 year after the 
        date of enactment of the National Aquatic Invasive Species Act 
        of 2009, the Task Force, with the concurrence of the National 
        Invasive Species Council, shall develop criteria to identify 
        cases warranting Federal assistance for rapid assessment and 
        response under this subsection, including indicative criteria 
        relating to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native aquatic 
                        organisms;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2009, the Administrator, in consultation with the 
        National Invasive Species Council, the Secretary of 
        Transportation, the Task Force (including regional panels of 
        the Task Force established under section 1203), the Director, 
        and the Director of the National Marine Fisheries Service, 
        shall develop environmental criteria to minimize nontarget 
        environmental impacts of rapid responses carried out pursuant 
        to this section.''.

SEC. 123. DISPERSAL BARRIERS.

    (a) In General.--Section 1202 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (m) and (n), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2009, the Secretary of the Interior 
                shall establish an interbasin and intrabasin monitoring 
                program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through--
                                    ``(I) the Chicago River Ship and 
                                Sanitary Canal;
                                    ``(II) the Lake Champlain Canal;
                                    ``(III) other interbasin waterways; 
                                and
                                    ``(IV) major river systems (such as 
                                the Mississippi River), as recommended 
                                by regional panels convened under 
                                section 1203, in which interbasin 
                                transfers of aquatic invasive species 
                                have been shown to pose a significant 
                                threat to fish and wildlife resources;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the National 
                        Aquatic Invasive Species Act of 2009.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports describing the findings of the 
                monitoring program.
            ``(2) Prevention and mitigation plans for corps projects.--
        In developing projects involving interbasin waterways or other 
        hydrologic alterations that could create pathways for aquatic 
        invasive species, the Assistant Secretary shall develop 
        adequate prevention and mitigation plans for controlling the 
        dispersal of the aquatic invasive species.
            ``(3) Technical assistance.--The Administrator of the 
        National Oceanic and Atmospheric Administration, acting through 
        the Great Lakes Environmental Research Laboratory, shall 
        provide technical assistance to appropriate entities to assist 
        in the research conducted under this subsection.
            ``(4) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall--
                    ``(A) identify additional waterways suitable for 
                the construction of new dispersal barriers (based on 
                the monitoring program established under paragraph 
                (1)); and
                    ``(B) construct, maintain, and operate such 
                dispersal barriers as necessary.
            ``(5) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        the Assistant Secretary and the Director shall jointly submit 
        to Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and related research 
                projects.''.
    (b) Conforming Amendment.--Section 345 of the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352), is 
amended to read as follows:
    ``Sec. 345.  There are authorized to be appropriated such sums as 
are necessary to carry out the Barrier II project of the project for 
the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, 
initiated pursuant to section 1135 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2309a).''.

SEC. 124. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 123) is 
amended by inserting after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2009, the Administrator, in consultation 
                with the Secretary, the National Invasive Species 
                Council, and the Task Force (including any regional 
                panels of the Task Force) shall promulgate criteria to 
                evaluate the treatment methods described in 
                subparagraph (B) for the purpose of ensuring that the 
                treatment methods pose no significant threat of adverse 
                effect on human health, public safety, or the 
                environment (including air quality and the aquatic 
                environment) that is acute, chronic, cumulative, or 
                collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vi) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--The Administrator, in consultation with the 
        National Invasive Species Council, shall publish (not later 
        than 1 year after the date of enactment of the National Aquatic 
        Invasive Species Act of 2009) and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The National Invasive Species Council and 
        Task Force shall include the information described in paragraph 
        (2) in the reports submitted under section 1201(f)(2)(B).''.

SEC. 125. INFORMATION, EDUCATION, AND OUTREACH.

    Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
            (1) by striking ``(h) education.--The Task Force'' and 
        inserting the following:
    ``(h) Information, Education, and Outreach.--
            ``(1) In general.--The Task Force''; and
            (2) by adding at the end the following:
            ``(2) Activities.--
                    ``(A) In general.--The programs carried out under 
                paragraph (1) shall include the activities described in 
                this paragraph.
                    ``(B) Public outreach.--
                            ``(i) Public warnings.--Not later than 180 
                        days after the date of enactment of the 
                        National Aquatic Invasive Species Act of 2009, 
                        each Federal officer of an agency that provides 
                        Federal funds to States for building or 
                        maintaining public access points to United 
                        States water bodies shall amend the guidelines 
                        of the agency, in consultation with relevant 
                        State agencies, to encourage the posting of 
                        regionally specific public warnings or other 
                        suitable informational and educational 
                        materials at the access points regarding--
                                    ``(I) the danger of spread of 
                                aquatic invasive species through the 
                                transport of recreational watercraft; 
                                and
                                    ``(II) methods for removing 
                                organisms prior to transporting a 
                                watercraft.
                            ``(ii) Cleaning of watercraft at marinas.--
                        Not later than 1 year after the date of 
                        enactment of the National Aquatic Invasive 
                        Species Act of 2009, the Under Secretary and 
                        the Director (in cooperation with the Task 
                        Force and in consultation with the States, 
                        relevant industry groups, and Indian tribes) 
                        shall develop an education, outreach, and 
                        training program directed toward marinas and 
                        marina operators regarding--
                                    ``(I) checking watercraft for live 
                                organisms;
                                    ``(II) removing live organisms from 
                                the watercraft before the watercraft 
                                are commercially or recreationally 
                                trailered;
                                    ``(III) encouraging regular hull 
                                cleaning and maintenance, avoiding in-
                                water hull cleaning; and
                                    ``(IV) other activities, as 
                                identified by the Secretary.
                            ``(iii) Proper disposal of nonindigenous 
                        live aquatic organisms in trade.--The Task 
                        Force shall--
                                    ``(I) not later than 1 year after 
                                the date of enactment of the National 
                                Aquatic Invasive Species Act of 2009, 
                                develop (in consultation with industry 
                                and other affected parties) guidelines 
                                for proper disposal of live 
                                nonindigenous aquatic organisms in 
                                trade; and
                                    ``(II) use the guidelines in 
                                appropriate public information and 
                                outreach efforts.
                    ``(C) 100th meridian program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the National 
                        Aquatic Invasive Species Act of 2009, the Task 
                        Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the National Invasive Species Council, shall carry out 
        activities to inform and promote voluntary cooperation and 
        regulatory compliance by members of the national and 
        international maritime, horticultural, aquarium, aquaculture, 
        pet trade, and other appropriate industries with screening, 
        monitoring, and control of the transportation of aquatic 
        invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the National Invasive Species Council, and other 
        relevant agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                subsections (b) and (c) of section 1211; and
                    ``(D) the list of potential invaders under section 
                1201(a)(4).''.

              PART III--AQUATIC INVASIVE SPECIES RESEARCH

SEC. 131. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 121) is amended by adding at the end the following:

``SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    ``(a) Definition of Administering Agencies.--
            ``(1) In general.--In this section and section 1108, the 
        term `administering agencies' means--
                    ``(A) the Smithsonian Environmental Research 
                Center;
                    ``(B) the United States Geological Survey; and
                    ``(C) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory).
            ``(2) Memorandum of understanding.--The administering 
        agencies shall enter into an agreement regarding implementation 
        of this subtitle.
            ``(3) Consultation.--In carrying out this section, the 
        administering agencies shall consult with--
                    ``(A) the Task Force;
                    ``(B) the Environmental Protection Agency;
                    ``(C) the United States Fish and Wildlife Service; 
                and
                    ``(D) other appropriate Federal and State agencies.
            ``(4) Cooperation.--In carrying out this section, the 
        administering agencies shall contract, as appropriate, or 
        otherwise cooperate with academic researchers.
    ``(b) Program.--The administering agencies shall develop (not later 
than 18 months after the date of enactment of the National Aquatic 
Invasive Species Act of 2009) and conduct a marine and freshwater 
research program (including ecological and pathway surveys and 
experimentation) to assess rates of, patterns of, and conditions 
surrounding introductions of nonindigenous aquatic species in aquatic 
ecosystems.
    ``(c) Purpose.--The purpose of the program is to support efforts to 
prevent the introduction of, and detect and eradicate, invasive species 
by--
            ``(1) providing information for--
                    ``(A) early detection and rapid response efforts; 
                and
                    ``(B) relevant policy questions; and
            ``(2) assessing the effectiveness of implemented policies 
        (including any standard) to prevent the introduction and spread 
        of aquatic invasive species.
    ``(d) Protocol Development.--The administering agencies shall--
            ``(1) establish standardized protocols for conducting 
        surveys that are integrated and produce comparable data, and, 
        as practicable, build on existing protocols and data collection 
        methods (including surveys required under subsection (b)), 
        including--
                    ``(A) protocols to support early detection surveys 
                of nonindigenous aquatic species conducted by Federal, 
                State, or local agencies involved in the management of 
                invasive species, including surveys carried out 
                pursuant to section 1106;
                    ``(B) protocols to support comprehensive ecological 
                surveys conducted under this section for purposes of 
                research and analysis of rates and patterns of 
                invasions; and
                    ``(C) protocols to support pathway surveys;
            ``(2) recommend a standardized approach for classifying 
        species;
            ``(3) when proposing protocols, consider recommendations 
        made at the workshop conducted under subsection (h);
            ``(4) subject the protocols to peer review;
            ``(5) complete the protocols not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2009;
            ``(6) revise protocols as necessary; and
            ``(7) disseminate the protocols to the Task Force and other 
        Federal, State, and local stakeholders.
    ``(e) Ecological and Pathway Survey Requirements.--
            ``(1) In general.--Each comprehensive ecological survey 
        conducted under this section shall, at a minimum--
                    ``(A) document baseline ecological information of 
                the aquatic ecosystem, including--
                            ``(i) to the maximum extent practicable, a 
                        comprehensive inventory of native species, 
                        nonindigenous species, and species of unknown 
                        origin, present in the ecosystem; and
                            ``(ii) the chemical and physical 
                        characteristics of water and underlying 
                        substrate in the ecosystem;
                    ``(B) in the case of nonindigenous species, gather 
                information to assist in identifying--
                            ``(i) the life history of the species;
                            ``(ii) the environmental requirements and 
                        tolerances of the species;
                            ``(iii) the native ecosystems of the 
                        species; and
                            ``(iv) the history of the species spread 
                        from the native ecosystems of the species;
                    ``(C) track the establishment of nonindigenous 
                species, including information about the estimated 
                population of nonindigenous organisms to allow an 
                analysis of the probable date of introduction of the 
                species; and
                    ``(D) identify the likely pathway of entry of 
                nonindigenous species.
            ``(2) Minimum requirements.--Each pathway survey conducted 
        under this section shall, at a minimum--
                    ``(A) identify which nonindigenous aquatic species 
                are being introduced, or have the potential to be 
                introduced, through the pathways under consideration;
                    ``(B) determine the rate of organism introduction 
                through the pathways under consideration; and
                    ``(C) determine the practices that contributed to 
                or could contribute to the introduction of 
                nonindigenous aquatic species through the pathways 
                under consideration.
    ``(f) Number and Location of Survey Sites.--
            ``(1) Required sites.--The administering agencies shall 
        designate the number and location of survey sites necessary to 
        carry out marine and freshwater research required under this 
        section.
            ``(2) Emphasis.--In carrying out paragraph (1) and 
        subsection (g), the administering agencies shall give 
        particular consideration to--
                    ``(A) the geographic diversity of sites; and
                    ``(B) the diversity of human uses and biological 
                characteristics of sites.
    ``(g) Competitive Grant Program.--
            ``(1) In general.--In order to assist in carrying out 
        subsections (b) and (i), the administering agencies (acting 
        through the National Oceanic and Atmospheric Administration) 
        shall administer a program to award grants to academic 
        institutions, State agencies, and other appropriate groups.
            ``(2) Administration.--The program required under this 
        section shall be competitive, peer-reviewed, and merit-based.
    ``(h) Workshop.--Not later than 120 days after the date of 
enactment of the National Aquatic Invasive Species Act of 2009, to 
assist in the development of the protocols and design for the surveys 
under this section, the administering agencies shall--
            ``(1) convene a workshop among researchers from Federal and 
        State agencies and academic institutions to obtain 
        recommendations for the development of the protocols and 
        surveys; and
            ``(2) make the results of the workshop widely available to 
        the public.
    ``(i) Experimentation.--The administering agencies shall conduct 
(at existing field stations and such other sites as may be appropriate) 
coordinated experiments on a range of taxonomic groups to identify--
            ``(1) the relationship between the introduction and 
        establishment of nonindigenous aquatic species; and
            ``(2) the circumstances necessary for the species to 
        survive and thrive.
    ``(j) National Pathways and Ecological Surveys Database.--
            ``(1) In general.--The United States Geological Survey 
        shall develop, maintain, and update, in consultation and 
        cooperation with the Smithsonian Environmental Research Center 
        and the National Oceanic and Atmospheric Administration, a 
        central national database of information concerning information 
        collected under section 1107(b).
            ``(2) Requirement.--The United States Geological Survey 
        shall--
                    ``(A) make the database widely available to the 
                public;
                    ``(B) update the database not less often than once 
                every 90 days;
                    ``(C) coordinate the database with existing 
                databases collecting similar information; and
                    ``(D) to the maximum extent practicable, format the 
                databases in a manner such that the data is useful for 
                researchers and Federal and State employees managing 
                relevant invasive species programs.''.
    (b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the 
following:
                            ``(ii) examine other potential modes for 
                        the introduction of nonindigenous aquatic 
                        species by vessel, including hull fouling.''.

SEC. 132. ANALYSIS.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 131(a)) is amended by adding at the end the following:

``SEC. 1108. ANALYSIS.

    ``(a) Invasion Analysis.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        and annually thereafter, the administering agencies shall 
        analyze data collected under section 1107 and other relevant 
        research, for the purpose of preventing the introduction of, 
        detecting, and eradicating invasive species by--
                    ``(A) providing information for early detection and 
                rapid response efforts;
                    ``(B) providing information for relevant policy 
                questions; and
                    ``(C) assessing the effectiveness of implemented 
                policies to prevent the introduction and spread of 
                invasive species.
            ``(2) Contents.--The analysis required under paragraph (1) 
        shall include, with respect to aquatic invasive species--
                    ``(A) an analysis of pathways to--
                            ``(i) identify, and characterize as
                        high-, medium-, or low-risk, regional and 
                        national pathways for the introduction of 
                        nonindigenous aquatic species into aquatic 
                        ecosystems;
                            ``(ii) identify new and expanding pathways 
                        through which nonindigenous aquatic species may 
                        be introduced into aquatic ecosystems;
                            ``(iii) identify handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            ``(iv) assess the risk that species 
                        currently used in commerce pose for 
                        introduction into aquatic ecosystems;
                    ``(B) include patterns and rates of invasion and 
                susceptibility to invasion of various types of bodies 
                of water;
                    ``(C) consider the ways in which the risk of 
                establishment of an aquatic invasive species through a 
                pathway is related to the identity and number of 
                organisms transported;
                    ``(D) consider rates of spread and numbers and 
                types of pathways of spread of new populations of the 
                aquatic invasive species and estimate the potential for 
                the spread and distribution of newly introduced 
                invasive species based on the environmental 
                requirements and historical distribution of the 
                species;
                    ``(E) document factors that influence the 
                vulnerability of an ecosystem to invasion by a 
                nonindigenous aquatic species;
                    ``(F) include a description of the potential for, 
                and impacts of, pathway management programs on invasion 
                rates;
                    ``(G) provide recommendations for improvements on 
                the effectiveness of pathway management;
                    ``(H) to the extent practicable, determine the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce to an acceptable 
                level the risk of establishment to receiving aquatic 
                ecosystems; and
                    ``(I) evaluate the effectiveness of management 
                actions (including any standard) at reducing species 
                introductions and establishment.
            ``(3) Report.--The administering agencies shall submit to 
        the Task Force a report on analyses conducted under this 
        section.
    ``(b) Research To Assess the Potential of the Establishment of 
Introduced Species.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        the administering agencies shall develop, conduct peer review 
        of, and submit to the Task Force a profile of the general 
        characteristics of invasive species, in order to--
                    ``(A) predict, to the extent practicable, whether a 
                species planned for importation is likely to invade a 
                particular aquatic ecosystem if introduced; and
                    ``(B) support the development of the screening 
                process authorized under section 1105.
            ``(2) Research.--In developing the profile, the 
        administering agencies shall analyze the research conducted 
        under section 1107 and other research as necessary to 
        determine--
                    ``(A) characteristics of general species and 
                ecosystems (taking into account the opportunity for 
                introduction into any ecosystem); and
                    ``(B) circumstances that may lead to establishment 
                of a nonindigenous aquatic organism.
            ``(3) Recommendations.--Based on the profile, the 
        administering agencies shall develop and submit to the Task 
        Force, for inclusion in the report to Congress developed under 
        section 1201(f)(2)(B), recommendations concerning which planned 
        importation of nonindigenous aquatic organisms warrant 
        restriction under section 1105.

``SEC. 1109. DISSEMINATION.

    ``(a) In General.--The National Invasive Species Council, in 
coordination with the Task Force, and the administering agencies shall 
disseminate the information collected under this Act to Federal, State, 
and local entities (including relevant policymakers and private 
researchers with responsibility over or interest in aquatic invasive 
species).
    ``(b) Reports.--The National Invasive Species Council shall--
            ``(1) not later than 3 years after the date of enactment of 
        the National Aquatic Invasive Species Act of 2009, submit to 
        Congress a report that describes the actions and findings 
        carried out under this Act; and
            ``(2) at least once every 3 years thereafter or more often 
        as necessary, update the report.
    ``(c) Response Strategy.--To enable Federal, State, and local 
entities having responsibility for responding to the introduction of 
potentially harmful nonindigenous aquatic species to better and more 
rapidly respond to those introductions, the National Invasive Species 
Council, in coordination with the Task Force, the administering 
agencies, and other appropriate Federal and State agencies, shall 
implement a national strategy for the sharing of information collected 
under this Act with those entities.
    ``(d) Pathway Practices.--The National Invasive Species Council, in 
coordination with the Task Force, and the administering agencies shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) to inform those 
users about means by which users can prevent the intentional or 
unintentional introduction of nonindigenous aquatic species into 
aquatic ecosystems.

``SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION.

    ``(a) Environmentally Sound Technology Development, Demonstration 
and Verification.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        the Administrator, in consultation with the Army Corps of 
        Engineers and the administering agencies, shall develop and 
        implement a grant program to fund research, development, 
        demonstration, and verification of environmentally sound cost-
        effective technologies and methods to control and eradicate 
        aquatic invasive species.
            ``(2) Purposes.--Proposals funded under this program 
        shall--
                    ``(A) provide funds to support on-going efforts of 
                Federal, State, or local officials to control and 
                eradicate aquatic invasive species in an 
                environmentally sound manner;
                    ``(B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    ``(C) provide for the demonstration or 
                dissemination of the technologies or methods to 
                potential end-users; and
                    ``(D) verify that any technology or practice meets 
                any appropriate criteria developed for effectiveness 
                and environmental soundness that are established by the 
                Administrator.
            ``(3) Preference.--In making grants under this subsection, 
        the Administrator shall give preference to proposals that meet 
        criteria developed for environmental soundness that are 
        established by the Administrator.
            ``(4) Merit review.--Grants awarded through this subsection 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        the Administrator shall submit to Congress a report on the 
        program conducted under this subsection, including findings and 
        recommendations of the Secretary with respect to technologies 
        and methods described in paragraph (1).
    ``(b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2009, the Assistant Secretary, in conjunction with the Director 
and other appropriate Federal agencies and academic researchers, shall 
establish a research, development, and demonstration program--
            ``(1) to study environmentally sound methods and 
        technologies to reduce dispersal of aquatic invasive species 
        through interbasin waterways; and
            ``(2) to assess the potential for using those methods and 
        technologies in other waterways.''.
    (b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4714(b)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on vessels other than through 
        ballast water.
            ``(5) Priority.--In making grants under this subsection, 
        the Secretary of the Interior and the Secretary of Commerce 
        shall give priority to technologies that meet criteria 
        established in any testing protocol developed under the 
        Environmental Technology Verification program of the 
        Administrator.
            ``(6) Workshop.--The Secretary of the Interior and the 
        Secretary of Commerce shall--
                    ``(A) hold an annual workshop to encourage the 
                exchange of information between and among--
                            ``(i) principal investigators for which 
                        funds are made available under this subsection; 
                        and
                            ``(ii) researchers conducting research 
                        directly relating to vessel pathway technology 
                        development; and
                    ``(B) make the results of the proceedings widely 
                available to the public.''.

SEC. 133. VESSEL PATHWAY STANDARDS RESEARCH.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
132(a)) is amended by adding at the end the following:

``SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.

    ``(a) Research Program.--
            ``(1) In general.--The Secretary and the Administrator (in 
        coordination with the National Oceanic and Atmospheric 
        Administration, the Task Force, and other appropriate Federal 
        agencies and academic researchers) shall develop and conduct a 
        coordinated research program to support the establishment and 
        implementation of standards to prevent the introduction and 
        spread of aquatic invasive species by vessels.
            ``(2) Components.--The research program shall include 
        programs to--
                    ``(A) characterize physical, chemical, and 
                biological harbor conditions relevant to ballast 
                discharge into waters of the United States to provide 
                information for the design and implementation of vessel 
                vector control technologies and practices;
                    ``(B) develop testing protocols for determining the 
                effectiveness of vector monitoring and control 
                technologies and practices;
                    ``(C) research and demonstrate methods for 
                mitigating the spread of aquatic invasive species by 
                coastal voyages, including the exploration of the 
                effectiveness of alternative exchange zones in the near 
                coastal areas and other methods proposed to reduce the 
                transfers of organisms;
                    ``(D) verify the practical effectiveness of any 
                type approval process to ensure that the process 
                produces repeatable and accurate assessments of 
                treatment effectiveness; and
                    ``(E) evaluate the effectiveness and residual risk 
                and environmental impacts associated with any standard 
                established with respect to a ship pathway through 
                experimental research.
    ``(b) Performance Test.--Not later than 1 year after the date of 
enactment of the National Aquatic Invasive Species Act of 2009, the 
Secretary, in conjunction with the National Institute of Standards and 
Technology and the Maritime Administration, shall design a performance 
test for ballast water exchange (such as a dye study) to measure the 
effectiveness of ballast water exchange.
    ``(c) National Academy of Sciences Study.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with the National Academy of Sciences under which the 
        Academy shall--
                    ``(A) identify the relative risk of transfer of 
                various taxonomic groups of invasive species by 
                different vessel modes;
                    ``(B)(i) assess the extent to which a ballast water 
                standard that virtually eliminates the risk of 
                introduction of invasive species by ballast water may 
                relate to the risk of introductions by all vessel 
                modes; and
                    ``(ii) explain the degree of uncertainty in such an 
                assessment; and
                    ``(C)(i) recommend methods for reducing the 
                transfers of invasive species by vessels by addressing 
                all parts and systems of vessels and all related modes 
                of transport of invasive organisms; and
                    ``(ii) identify the research, development, and 
                demonstration needed to improve the information base to 
                support those methods, including economic information.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2009, 
        the Secretary shall submit to Congress a report that describes 
        the results of the study under paragraph (1).
            ``(3) Implementation of recommendations.--Not later than 
        the later of the date that is 1 year after the date of 
        submission of the report under paragraph (2) or the date that 
        is 3 years after the date of enactment of the National Aquatic 
        Invasive Species Act of 2009, the Task Force, in conjunction 
        with the Administrator, administering agencies, and other 
        appropriate Federal agencies, shall submit to the Secretary a 
        report that describes recommendations for--
                    ``(A) a vessel pathway treatment standard that 
                incorporates all potential modes of transfer by vessel; 
                and
                    ``(B) methods for type approval and accurate 
                monitoring of treatment performance that are simple and 
                streamlined and follow established protocols.
    ``(d) Working Group.--
            ``(1) In general.--Not later than 2 years after the date of 
        issuance by the Secretary of any standard relating to the 
        introduction by vessels of invasive species, the Secretary 
        shall convene a working group (including the Administrator, the 
        administering agencies, and other appropriate Federal and State 
        agencies and academic researchers) to evaluate the 
        effectiveness of that standard and accompanying implementation 
        protocols.
            ``(2) Duties.--The duties of the working group shall 
        include, at a minimum--
                    ``(A) reviewing the effectiveness of the standard 
                in reducing the establishment of invasive species in 
                aquatic ecosystems, taking into consideration the data 
                collected under section 1107; and
                    ``(B) submitting recommendations to the Secretary 
                (who shall make the recommendations widely available to 
                the public) for the revision of the standard and type 
                approval process in order to ensure--
                            ``(i) effectiveness in reducing 
                        introductions of invasive species; and
                            ``(ii) the effectiveness of accurate 
                        shipboard monitoring of treatment performance 
                        in a simple and streamlined manner.''.

SEC. 134. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
133) is amended by adding at the end the following:

``SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    ``(a) In General.--The National Science Foundation shall establish 
a program to award grants to researchers at institutions of higher 
education and museums to carry out research in systematics and 
taxonomy.
    ``(b) Purposes.--The purposes of the program are--
            ``(1) to encourage scientists to pursue careers in 
        systematics and taxonomy to ensure a continuing knowledge base 
        in those disciplines;
            ``(2) to ensure that there will be adequate expertise in 
        systematics and taxonomy to meet Federal, State, and local 
        needs to identify invasive species;
            ``(3) to develop that expertise throughout the United 
        States with an emphasis on regional diversity; and
            ``(4) to draw on existing expertise in systematics and 
        taxonomy at institutions of higher education and museums to 
        train the next generation of systematists and taxonomists.
    ``(c) Administration.--
            ``(1) Merit review.--Grants awarded through this section 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(2) Preferences.--In making grants under this section, 
        the National Science Foundation shall provide a preference 
        for--
                    ``(A) projects in a diverse set of ecosystems and 
                geographic locations;
                    ``(B) if applicable, projects that are integrated 
                with the Long Term Ecological Research Network created 
                by the National Science Foundation;
                    ``(C) projects that include student participation; 
                and
                    ``(D) projects carried out by institutions of 
                higher education and museums that actively train 
                students to become experts in systematics and 
                taxonomy.''.

                         PART IV--COORDINATION

SEC. 141. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (12); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With National Invasive Species Council.--Section 
1201(f) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) National invasive species council.--The National 
        Invasive Species Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the National Invasive 
                Species Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2009, and every 3 years thereafter, submit to 
                Congress a report that summarizes the status of the 
                conduct of activities authorized by and required under 
                this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife 
                        covered by section 42 of title 18, United 
                        States Code (including regulations); or
                            ``(ii) any list of noxious weeds under the 
                        Plant Protection Act (7 U.S.C. 7701 et seq.) 
                        (including regulations promulgated under that 
                        Act contained in part 360 of title 7, Code of 
                        Federal Regulations (or any successor 
                        regulations)).
                    ``(B) Process.--The Task Force may use the 
                screening process developed pursuant to section 1105 to 
                identify species pursuant to subparagraph (A).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Inter-Regional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--
            ``(1) In general.--An interstate organization that has a 
        Federal charter authorized by law or Executive order for 
        purposes of fisheries or natural resource management may 
        develop and implement--
                    ``(A) regional aquatic invasive species management 
                plans; and
                    ``(B) rapid response activities that are--
                            ``(i) requested by the Governors of the 
                        member States of the organization; and
                            ``(ii) consistent with any relevant State 
                        aquatic invasive species management plans.
            ``(2) Funds.--The interstate organization may receive funds 
        under this Act to implement activities under the regional 
        aquatic invasive species management plan of the 
        organization.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including, in 
                accordance with guidelines issued by the Task Force 
                under paragraph (5)--
                            ``(i) rapid assessment and response 
                        contingency strategies under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws; and
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105''; and
                    (B) in subparagraph (D), by inserting ``include'' 
                after ``(D)''; and
            (2) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2009, the Task Force shall amend the 
                guidelines of the Task Force for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws;
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105; and
                            ``(v) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce requirements relating to 
                aquatic invasive species under the Plant Protection Act 
                (7 U.S.C. 7701 et seq.) (including regulations 
                promulgated under that Act contained in part 360 of 
                title 7, Code of Federal Regulations (or any successor 
                regulations)).
            ``(7) Eligibility of existing plans.--A plan approved under 
        this section as of the day immediately before the date of 
        enactment of the National Aquatic Invasive Species Act of 2009 
        shall be eligible to receive a grant awarded under this 
        section.
            ``(8) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary, revise the management plan of 
                the State in accordance with guidelines of the Task 
                Force.
                    ``(B) Update of existing plans.--A plan approved 
                under this section as of the day immediately before the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2009 shall be updated after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2009 to conform to the guidelines published under 
                paragraph (5).
            ``(9) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a)--
                    ``(A) to develop those plans with a total amount 
                that does not exceed 10 percent of the amounts made 
                available for grants under this section for each fiscal 
                year; and
                    ``(B) to implement those plans.''.

SEC. 142. INTERNATIONAL COORDINATION.

    (a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is 
amended--
            (1) by striking the subtitle heading and inserting the 
        following:

                    ``Subtitle E--Administration'';

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

``SEC. 1402. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the National Invasive Species 
Council, and the Secretary of State shall, to the maximum extent 
practicable, ensure that international efforts to prevent, detect, 
monitor, assess, and control aquatic invasive species (including 
through the International Maritime Organization, the International 
Convention on the Exploration of the Sea, the Global Invasive Species 
Program, and other appropriate programs) are coordinated with policies 
of the United States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1202(n) a description of the means by which 
        international agreements and regulations with countries that 
        share a border with the United States will be implemented and 
        enforced by Federal agencies (including a clarification of the 
        roles and responsibilities of those agencies).
            ``(2) Negotiations.--As soon as practicable after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2009, the Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, not later than 18 
                months after the date of enactment of that Act, review, 
                research, conduct hearings on, and submit to the 
                parties represented on the International Joint 
                Commission a report that describes the success of 
                current policies of governments in the United States 
                and Canada having jurisdiction over the Great Lakes in 
                anticipating and preventing biological invasions of the 
                aquatic ecosystem in the Great Lakes, including--
                            ``(i) an analysis of current Federal, State 
                        or Provincial, local, and international laws, 
                        enforcement practices, and agreements;
                            ``(ii) an analysis of prevention efforts 
                        relating to all likely pathways for biological 
                        invasions of the aquatic ecosystem in the Great 
                        Lakes; and
                            ``(iii) recommendations of the 
                        International Joint Commission for means by 
                        which to improve and harmonize the policies and 
                        enforcement practices referred to in clause 
                        (i); and
                    ``(B) Mexico, to ensure coordination of efforts of 
                the United States with efforts of Mexico to manage 
                invasive species established in the United States-
                Mexico border region.

``SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES COUNCIL.

    ``The National Invasive Species Council shall continue regardless 
of the termination of section 3 of Executive Order No. 13112 (42 U.S.C. 
4321 note).''.

                PART V--AUTHORIZATION OF APPROPRIATIONS

SEC. 151. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Except as otherwise provided in this section, 
there are authorized to be appropriated such sums as are necessary to 
carry out this Act for each of fiscal years 2010 through 2014.
    ``(b) Task Force and Aquatic Invasive Species Program.--There are 
authorized to be appropriated for each of fiscal years 2010 through 
2014--
            ``(1) $8,000,000, to carry out activities of the Task Force 
        under section 1202, of which--
                    ``(A) $4,000,000 shall be used by the Director;
                    ``(B) $3,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(C) $1,000,000 shall be used by the National 
                Invasive Species Council;
            ``(2) $30,000,000, to provide grants under section 1204(b);
            ``(3) $3,000,000, to provide assistance to the regional 
        panels of the Task Force; and
            ``(4) $1,000,000, to be used by the Director to carry out 
        section 1105(g).
    ``(c) International Coordination.--There is authorized to be 
appropriated to the Department of State to carry out section 1403 
$1,000,000 for each of fiscal years 2010 through 2014.
    ``(d) Prevention of Introduction by Vessels of Aquatic Invasive 
Species Into Waters of the United States.--There are authorized to be 
appropriated for each of fiscal years 2010 through 2014--
            ``(1) $6,000,000, to be used by the Secretary to carry out 
        section 1101;
            ``(2) $2,500,000, to be used by the Administrator to carry 
        out section 1101; and
            ``(3) $2,750,000, to be used by the Task Force to carry out 
        section 1101, of which--
                    ``(A) $1,500,000 shall be used by the Director; and
                    ``(B) $1,250,000 shall be used by the National 
                Oceanic and Atmospheric Administration.
    ``(e) Prevention of the Introduction by Nonvessel Pathways of 
Aquatic Invasive Species Into Waters of the United States.--There are 
authorized to be appropriated for each of fiscal years 2010 through 
2014--
            ``(1) $5,000,000, to carry out the priority pathway 
        management program under section 1210, of which--
                    ``(A) $2,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $3,000,000 shall be used by the Director;
            ``(2) $1,000,000, to be used by the National Invasive 
        Species Council to establish screening guidelines under section 
        1105(d); and
            ``(3) $3,500,000, to be used by the Director to promulgate 
        and implement screening requirements under section 1105(e).
    ``(f) Early Detection and Monitoring.--There is authorized to be 
appropriated, to carry out early detection, monitoring, and survey 
planning and implementation under section 1106, $2,000,000 for each of 
fiscal years 2010 and 2011 and $10,000,000 for each of fiscal years 
2012 through 2014, of which--
            ``(1) for each of fiscal years 2010 and 2011--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(2) for each of fiscal years 2010 through 2012--
                    ``(A) $5,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $5,000,000 shall be used by the Director.
    ``(g) Containment and Control.--
            ``(1) Dispersal barriers.--There are authorized to be 
        appropriated for use by the Director to carry out the 
        monitoring program under section 1202(j)(2) $2,150,000 for each 
        of fiscal years 2010 through 2014.
            ``(2) Rapid response.--There are authorized to be 
        appropriated for each of fiscal years 2010 through 2014--
                    ``(A) $25,000,000, to the Emergency Rapid Response 
                Fund established under section 1211(a), to remain 
                available until expended;
                    ``(B) $1,000,000, to be used by the National 
                Invasive Species Council in developing the State and 
                regional rapid response contingency strategy under 
                section 1211; and
                    ``(C) $1,500,000, to be used for Federal rapid 
                response teams under section 1211(f), of which--
                            ``(i) $500,000 shall be used by the 
                        National Oceanic and Atmospheric 
                        Administration; and
                            ``(ii) $1,000,000 shall be used by the 
                        Director.
            ``(3) Environmental soundness.--There is authorized to be 
        appropriated for establishment under section 1202(k) of 
        criteria for the improvement of treatment methods for aquatic 
        invasive species $600,000 for each of fiscal years 2010 through 
        2014.
    ``(h) Information, Education and Outreach.--There are authorized to 
be appropriated for each of fiscal years 2010 through 2014--
            ``(1) $500,000, to be used by the Secretary of the Interior 
        to carry out the information and education program under 
        section 1202(h)(2)(D);
            ``(2) $750,000, to be used by the Director in carrying out 
        the 100th meridian program under section 1202(h)(2)(C);
            ``(3) $2,000,000, to be used to carry out informational and 
        educational activities of the Task Force under section 1202(h), 
        of which--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(4) $500,000, to be used by the National Oceanic and 
        Atmospheric Administration to carry out section 
        1202(h)(2)(B)(ii).
    ``(i) Research.--
            ``(1) Ecological and pathway research and analysis.--There 
        are authorized to be appropriated for each of fiscal years 2010 
        through 2014--
                    ``(A) $17,000,000, to be used by the National 
                Oceanic and Atmospheric Administration to carry out 
                sections 1107 and 1108, of which $13,000,000 shall be 
                used to carry out the grant program under section 
                1107(g);
                    ``(B) $4,000,000, to be used by the Smithsonian 
                Environmental Research Center to carry out sections 
                1107 and 1108;
                    ``(C) $4,500,000, to be used by the United States 
                Geological Survey to carry out sections 1107 and 1108, 
                of which $500,000 shall be used to develop, maintain, 
                and update the database required under section 1107(j); 
                and
                    ``(D) $1,650,000, to be used by the Great Lakes 
                Environmental Research Laboratory to carry out the 
                demonstration program under section 1202(i).
            ``(2) Dissemination.--There is authorized to be 
        appropriated to provide for the dissemination of information by 
        the National Invasive Species Council under section 1109 
        $500,000 for each of fiscal years 2010 through 2014.
            ``(3) Technology development, demonstration, and 
        verification.--There are authorized to be appropriated for each 
        of fiscal years 2010 through 2014--
                    ``(A) $2,500,000, to be used by the Administrator 
                for the purposes of environmental soundness screening 
                and improvement under section 1110(a);
                    ``(B) $1,000,000, to be used by the Assistant 
                Secretary to carry out the program under section 
                1110(b); and
                    ``(C) $7,500,000, to carry out vessel pathway 
                technology development under sections 1104 and 1301(e).
            ``(4) Vessel pathway standards research.--There are 
        authorized to be appropriated--
                    ``(A) for each of fiscal years 2010 through 2014, 
                $3,000,000, to be used for research in support of 
                vessels pathway standards and technology evaluation 
                under section 1111(a) of which--
                            ``(i) $1,500,000 shall be used by the 
                        Administrator; and
                            ``(ii) $2,000,000 shall be used by the 
                        Secretary of the Coast Guard;
                    ``(B) for each of fiscal years 2010 through 2012, 
                $500,000, to be used by the Coast Guard to carry out 
                the performance test required under section 1111(b); 
                and
                    ``(C) for fiscal year 2010, $500,000, to be used by 
                the Secretary of the Coast Guard to enter into an 
                agreement with the National Academy of Sciences to 
                carry out the study required under section 1111(c).
            ``(5) Research in systematics and taxonomy.--There is 
        authorized to be appropriated for the National Science 
        Foundation to provide research grants for systematics and 
        taxonomy under section 1112 $2,500,000 for each of fiscal years 
        2010 through 2014.''.

                     PART VI--CONFORMING AMENDMENTS

SEC. 161. CONFORMING AMENDMENTS.

    (a) In General.--The Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 is amended--
            (1) in section 1102 (16 U.S.C. 4712)--
                    (A) in subsection (a), by striking the subsection 
                heading and inserting the following:
    ``(a) Studies on Introduction of Aquatic Invasive Species by 
Vessels.--''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively;
            (2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the 
        subtitle heading and inserting the following:

   ``Subtitle C--Prevention and Control of Aquatic Invasive Species 
                              Dispersal'';

            (3) in section 1201(a) (16 U.S.C. 4721(a)), by striking 
        ``Nuisance Species'' and inserting ``Invasive Species'';
            (4) in section 1202 (16 U.S.C. 4722), by striking the 
        section heading and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';

            (5) in section 1204 (16 U.S.C. 4724), by striking the 
        section heading and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';

            and
            (6) by striking ``aquatic nuisance species'' each place it 
        appears and inserting ``aquatic invasive species''.
    (b) Short Title.--
            (1) In general.--Section 1001 of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701) is 
        amended by striking ``Nonindigenous Aquatic Nuisance'' and 
        inserting ``Nonindigenous Aquatic Invasive Species''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 shall be deemed to be a reference to the Nonindigenous 
        Aquatic Invasive Species Prevention and Control Act of 1990.

             Subtitle B--Asian Carp Prevention and Control

SEC. 171. ADDITION OF SPECIES OF CARP TO THE LIST OF INJURIOUS SPECIES 
              THAT ARE PROHIBITED FROM BEING IMPORTED OR SHIPPED.

    Section 42(a)(1) of title 18, United States Code, is amended by 
inserting after ``Dreissena polymorpha;'' the following: ``of the 
bighead carp of the species Hypophthalmichthys nobilis;''.

SEC. 172. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 124) is 
amended by inserting after subsection (k) the following:
    ``(l) Interbasin and Intrabasin Monitoring Program.--
            ``(1) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the Great Lakes Collaboration 
                Implementation Act of 2009, the Secretary of the 
                Interior shall establish an interbasin and intrabasin 
                monitoring program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through--
                                    ``(I) the Chicago River Ship and 
                                Sanitary Canal;
                                    ``(II) the Lake Champlain Canal;
                                    ``(III) other interbasin waterways; 
                                and
                                    ``(IV) major river systems (such as 
                                the Mississippi River), as recommended 
                                by regional panels convened under 
                                section 1203, in which interbasin 
                                transfers of aquatic invasive species 
                                have been shown to pose a significant 
                                threat to fish and wildlife resources;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the Great Lakes 
                        Collaboration Implementation Act of 2009.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports describing the findings of the 
                monitoring program.
            ``(2) Prevention and mitigation plans for corps projects.--
        In developing projects involving interbasin waterways or other 
        hydrologic alterations that could create pathways for aquatic 
        invasive species, the Assistant Secretary shall develop 
        adequate prevention and mitigation plans for controlling the 
        dispersal of the aquatic invasive species.
            ``(3) Technical assistance.--The Administrator of the 
        National Oceanic and Atmospheric Administration, acting through 
        the Great Lakes Environmental Research Laboratory, shall 
        provide technical assistance to appropriate entities to assist 
        in the research conducted under this subsection.
            ``(4) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall identify additional waterways suitable 
        for the construction of new dispersal barriers (based on the 
        monitoring program established under paragraph (1)).
            ``(5) Reports.--Not later than 3 years after the date of 
        enactment of the Great Lakes Collaboration Implementation Act 
        of 2009, the Assistant Secretary and the Director shall jointly 
        submit to Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and related research 
                projects.''.

             Subtitle C--National Invasive Species Council

SEC. 181. DEFINITIONS.

    In this subtitle:
            (1) Council.--The term ``Council'' means the National 
        Invasive Species Council established by section 183(a).
            (2) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to an ecosystem; and
                    (B) the introduction of which to that ecosystem 
                causes or may cause harm to the environment, the 
                economy, or human health.
            (3) National management plan.--The term ``National 
        Management Plan'' means the National Invasive Species 
        Management Plan developed by the Council under section 185(a).
            (4) Species.--The term ``species'' means a category of 
        taxonomic classification that--
                    (A) ranks below a genus or subgenus; and
                    (B) consists of related organisms capable of 
                interbreeding.

SEC. 182. LIMITATION ON FEDERAL ACTIONS.

    (a) In General.--No Federal agency may authorize, fund, or carry 
out any action that would likely cause or promote the introduction or 
spread of an invasive species in the United States or any other 
location, unless the head of the Federal agency, at the sole discretion 
of the head of the agency and in accordance with guidelines developed 
under subsection (b), determines that--
            (1) the benefits of the action under consideration clearly 
        outweigh the potential harm to the environment, the economy, 
        and human health caused by the introduction or spread of the 
        invasive species; and
            (2) all feasible and practical measures to minimize risk of 
        harm to the environment, the economy, and human health will be 
        taken in carrying out the action.
    (b) Guidelines.--The Council on Environmental Quality, in 
conjunction with the Council, shall develop guidelines for Federal 
agencies to use in analyzing actions under subsection (a).

SEC. 183. NATIONAL INVASIVE SPECIES COUNCIL.

    (a) Establishment.--
            (1) In general.--There is established, as an independent 
        entity in the executive branch, the National Invasive Species 
        Council.
            (2) Duties.--The Council shall provide leadership and 
        coordination among Federal agencies and between the Federal 
        Government and State and local governments, with respect to 
        efforts--
                    (A) to minimize the environmental, economic, and 
                human health effects caused by invasive species; and
                    (B) to reduce the threat of further invasions of 
                invasive species.
    (b) Membership.--
            (1) In general.--The Council shall consist of--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Commerce;
                    (D) the Secretary of State;
                    (E) the Secretary of the Treasury;
                    (F) the Secretary of Defense;
                    (G) the Secretary of Transportation;
                    (H) the Secretary of Health and Human Services;
                    (I) the Administrator;
                    (J) the Administrator of the United States Agency 
                for International Development; and
                    (K) such additional members as are appointed under 
                paragraph (2).
            (2) Additional members.--With the concurrence of a majority 
        of the members of the Council, the chairperson of the Council 
        may appoint additional members to the Council from among 
        individuals who are officers or employees of the Federal 
        Government with significant responsibilities concerning 
        invasive species.
    (c) Chairperson.--
            (1) Initial chairperson.--The Secretary of the Interior 
        shall serve as chairperson of the Council for the 3-year period 
        beginning on the date of enactment of this Act.
            (2) Subsequent chairpersons.--After the initial 3-year 
        period described in paragraph (1), the chairperson shall rotate 
        every 3 years among the following members, in the following 
        order:
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Interior.
    (d) Meetings.--The Council shall meet at the call of the 
chairperson, but not less often than semiannually.
    (e) Executive Director.--
            (1) Appointment.--The President shall appoint the Executive 
        Director of the Council, by and with the advice and consent of 
        the Senate.
            (2) Consultation.--Before appointing an individual under 
        paragraph (1), the President shall consult with--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture; and
                    (C) the Secretary of Commerce.
            (3) Qualifications.--An individual appointed as Executive 
        Director of the Council shall have--
                    (A) legal or scientific experience and training in 
                the area of natural resources, ecology, or agriculture; 
                and
                    (B) experience in dealing with public policy 
                matters concerning aquatic and terrestrial invasive 
                species.
            (4) Term.--The Executive Director of the Council shall 
        serve for a term of 6 years.
            (5) Compensation.--The Executive Director shall be paid at 
        the maximum rate of basic pay prescribed for level GS-15 of the 
        General Schedule.

SEC. 184. DUTIES OF COUNCIL.

    (a) In General.--The Council shall ensure that the efforts of 
Federal agencies concerning invasive species are coordinated, 
effective, complementary, and cost-efficient.
    (b) Duties.--To carry out subsection (a), the Council shall--
            (1) coordinate with other organizations addressing invasive 
        species (such as the Federal Interagency Committee for the 
        Management of Noxious and Exotic Weeds, the Aquatic Nuisance 
        Species Task Force established under section 1201 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4721), regional panels established under that 
        Act, and the White House Office of Science and Technology 
        Policy) to implement the National Management Plan;
            (2) develop recommendations for international cooperation 
        between the Federal Government, State governments, and foreign 
        countries on tools, policies, and methods to prevent the 
        introduction and export of invasive species into and from, 
        respectively, the United States;
            (3) develop guidelines for Federal agency efforts to ensure 
        that Federal programs concerning invasive species, including 
        outreach programs, are coordinated with State, local, and 
        tribal governments;
            (4) develop, in consultation with the Council on 
        Environmental Quality and in accordance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        guidance for Federal agencies on prevention, control, and 
        eradication of invasive species;
            (5) establish and maintain a publicly accessible, 
        coordinated, up-to-date information sharing system on invasive 
        species that--
                    (A) allows the access to and exchange of 
                information among Federal agencies and the public; and
                    (B) uses the Internet to the maximum extent 
                practicable;
            (6) ensure that Federal agencies implement the plans, 
        programs, and policies adopted by the Council in the National 
        Management Plan through appropriate actions, including working 
        in cooperation with Federal agencies on development of budgets 
        for the annual submission by the President to Congress of the 
        budget of the Federal Government under section 1105 of title 
        31, United States Code;
            (7)(A) evaluate Federal programs that are likely to cause 
        or promote the introduction or spread of invasive species in 
        the United States; and
            (B) recommend actions Federal agencies can take to minimize 
        the risk of introductions or further spread of invasive 
        species; and
            (8) develop and submit to the appropriate committees of 
        Congress and the Director of the Office of Management and 
        Budget an annual list of priorities, ranked in high, medium, 
        and low categories, of Federal efforts and programs in 
        prevention, eradication, control, and monitoring of, and 
        research and outreach concerning, invasive species.

SEC. 185. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.

    (a) Development.--
            (1) In general.--The Council shall develop a National 
        Invasive Species Management Plan that details and recommends 
        performance-oriented goals and specific measures of success for 
        carrying out activities by Federal agencies relating to 
        invasive species.
            (2) Development process.--The National Management Plan 
        shall be developed through a public process and in consultation 
        with Federal agencies, appropriate State and local entities, 
        and other appropriate stakeholders.
            (3) Contents.--The National Management Plan shall include 
        recommendations of effective, cost-efficient, environmentally 
        sound, and science-based approaches for--
                    (A) preventing the introduction of invasive 
                species, including approaches for identifying pathways 
                by which invasive species are introduced and for 
                minimizing the risk of introductions via those 
                pathways, which recommended approaches shall provide 
                for--
                            (i) a process to evaluate risks associated 
                        with the introduction and spread of invasive 
                        species; and
                            (ii) a coordinated and systematic risk-
                        based process to identify, monitor, and 
                        interdict pathways that may be involved in the 
                        introduction of invasive species;
                    (B) cooperating with other countries to increase 
                their capacity--
                            (i) to control invasive species; and
                            (ii) to prevent the spread of invasive 
                        species across international borders;
                    (C) rapidly detecting and responding to incipient 
                invasions of invasive species;
                    (D) managing new and established populations of 
                invasive species by--
                            (i) eradicating the invasive species; or
                            (ii) controlling the spread of the invasive 
                        species;
                    (E) accurately and reliably monitoring new and 
                established populations of invasive species;
                    (F) restoring native species and habitat conditions 
                in ecosystems that have been invaded by invasive 
                species;
                    (G) conducting research on the matters referred to 
                in subparagraphs (A) through (F);
                    (H) evaluating and documenting the effects of 
                invasive species on the environment, the economy, and 
                human health;
                    (I) developing technologies to prevent the 
                introduction and provide for the management of invasive 
                species; and
                    (J) promoting public education on invasive species 
                and the means to address invasive species.
            (4) Identification of needed resources.--The National 
        Management Plan shall identify the personnel, other resources, 
        and additional levels of coordination needed to achieve the 
        goals included in the National Management Plan.
    (b) Existing Plan.--The National Invasive Species Management Plan 
of the Invasive Species Council adopted in 2001 shall be treated as the 
National Management Plan required under subsection (a) until the date 
of issuance of the National Management Plan under subsection (c)(1).
    (c) Issuance and Updating of National Management Plan.--The Council 
shall--
            (1) not later than December 31, 2009, issue the National 
        Management Plan;
            (2) not later than December 31, 2011, and biennially 
        thereafter, update the National Management Plan; and
            (3) concurrently with the process of updating the National 
        Management Plan, evaluate and report to Congress on success in 
        achieving the goals included in the National Management Plan.
    (d) Agency Reports.--Not later than 18 months after the date of 
issuance of any update of the National Management Plan that recommends 
action by a Federal agency, the head of the Federal agency shall submit 
to Congress a report that--
            (1) describes each of the recommended actions that the 
        agency has not taken; and
            (2) provides an explanation of why the action is not 
        feasible.

SEC. 186. INVASIVE SPECIES ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) In general.--The Council shall maintain an advisory 
        committee, to be known as the ``Invasive Species Advisory 
        Committee'', to provide information and advice for 
        consideration by the Council.
            (2) Organization, functions, and authorities.--Except as 
        otherwise provided in this section, the advisory committee 
        shall be organized, perform the functions, and have the 
        authorities specified in the charter for the advisory committee 
        signed by the Secretary of the Interior on October 30, 2001.
    (b) Appointment.--Members of the advisory committee shall be 
appointed by the chairperson of the Council, after consultation with 
the other members of the Council, from among individuals representing 
stakeholders with respect to Federal programs for minimizing the 
environmental, economic, and human health impacts caused by invasive 
species.
    (c) Functions.--In addition to the functions specified in the 
charter referred to in subsection (a), the advisory committee shall 
recommend to the Council plans and actions at the regional, State, 
local, tribal, and ecosystem-based levels to achieve the goals of the 
National Management Plan.
    (d) Continuing Operation of Existing Committee.--Any advisory 
committee appointed before the date of enactment of this Act in 
accordance with the charter referred to in subsection (a)(2) may 
continue in effect under this section.

SEC. 187. BUDGET ANALYSIS AND SUMMARY.

    Not later than March 31, 2009, and March 31 of each year 
thereafter, the Director of the Office of Management and Budget shall 
prepare, and submit to Congress and the Council, a budget analysis and 
summary of all Federal programs relating to invasive species.

SEC. 188. EXISTING EXECUTIVE ORDER.

    Executive Order No. 13112, dated February 3, 1999 (42 U.S.C. 4321 
note; relating to invasive species), shall have no force or effect.

SEC. 189. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$2,000,000 for each of fiscal years 2010 through 2012.

                        TITLE II--COASTAL HEALTH

SEC. 201. TECHNICAL ASSISTANCE.

    (a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1254(b)) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``(b) In carrying out'' and inserting the 
        following:
    ``(b) Authorized Activities.--
            ``(1) In general.--In carrying out'';
            (3) in paragraph (1) (as designated by paragraph (2))--
                    (A) by striking ``paragraph (1) of subsection (a)'' 
                each place it appears and inserting ``subsection 
                (a)(1)'';
                    (B) in subparagraph (C) (as redesignated by 
                paragraph (1)), by striking ``of this section'';
                    (C) in subparagraph (F) (as redesignated by 
                paragraph (1)), by striking ``thereof; and'' and 
                inserting ``of the effects;'';
                    (D) in subparagraph (G) (as redesignated by 
                paragraph (1)), by striking the period at the end and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(H) make grants to nonprofit organizations--
                            ``(i) to provide technical assistance to 
                        rural and small municipalities for the purpose 
                        of assisting, in consultation with the State in 
                        which the assistance is provided, the 
                        municipalities in the planning, development, 
                        and acquisition of financing for wastewater 
                        infrastructure assistance;
                            ``(ii) to capitalize revolving loan funds 
                        for the purpose of providing loans, in 
                        consultation with the State in which the 
                        assistance is provided and in accordance with 
                        paragraph (2), to rural and small 
                        municipalities for--
                                    ``(I) predevelopment costs 
                                associated with wastewater 
                                infrastructure projects; and
                                    ``(II) short-term costs incurred 
                                for the replacement of equipment that 
                                is not part of a regular operation or 
                                maintenance activity for an existing 
                                wastewater system;
                            ``(iii) to provide technical assistance and 
                        training for rural and small publicly owned 
                        treatment works and decentralized wastewater 
                        treatment systems to enable the treatment works 
                        and systems to--
                                    ``(I) protect water quality; and
                                    ``(II) achieve and maintain 
                                compliance with the requirements of 
                                this Act; and
                            ``(iv) to disseminate information to rural 
                        and small municipalities and municipalities 
                        that meet the affordability criteria 
                        established by the State in which the 
                        municipality is located under section 603(i)(2) 
                        with respect to planning, design, construction, 
                        and operation of publicly owned treatment works 
                        and decentralized wastewater treatment 
                        systems.''; and
            (4) by adding at the end the following:
            ``(2) Loan conditions.--
                    ``(A) In general.--A loan provided under paragraph 
                (1)(H)(ii) shall--
                            ``(i) be provided at a below-market 
                        interest rate;
                            ``(ii) be provided in an amount not to 
                        exceed $100,000; and
                            ``(iii) extend for a term of not more than 
                        10 years.
                    ``(B) Repayment.--Repayment of a loan provided 
                under paragraph (1)(H)(ii) shall be credited to the 
                water pollution control revolving loan fund of the 
                appropriate State under section 603.''.
    (b) Authorization of Appropriations.--Section 104(u) of the Federal 
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``(u) There is authorized to be 
        appropriated (1) not'' and inserting the following:
    ``(u) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) not'';
            (2) in paragraph (1), by striking ``provisions; (2) not'' 
        and inserting the following: ``provisions;
            ``(2) not'';
            (3) in paragraph (2), by striking ``subsection (g)(1); (3) 
        not'' and inserting the following: ``subsection (g)(1);
            ``(3) not'';
            (4) in paragraph (3), by striking ``subsection (g)(2); (4) 
        not'' and inserting the following: ``subsection (g)(2);
            ``(4) not'';
            (5) in paragraph (4), by striking ``subsection (p); (5) 
        not'' and inserting the following: ``subsection (p);
            ``(5) not'';
            (6) in paragraph (5), by striking ``subsection (r); and (6) 
        not'' and inserting the following: ``subsection (r);
            ``(6) not'';
            (7) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (8) by adding at the end the following:
            ``(7) for each of fiscal years 2010 through 2014, not more 
        than $75,000,000 to carry out subparagraphs (C) and (H) of 
        subsection (b)(1), of which, during any fiscal year--
                    ``(A) not less than 20 percent shall be used to 
                carry out subsection (b)(1)(H); and
                    ``(B) not more than \1/3\ of the amount used under 
                subparagraph (A) shall be used to carry out subsection 
                (b)(1)(H)(ii).''.
    (c) Competitive Procedures for Awarding Grants.--Section 104 of the 
Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by 
adding at the end the following:
    ``(w) Competitive Procedures for Awarding Grants.--The 
Administrator shall establish procedures that promote competition and 
openness, to the maximum extent practicable, in the award of grants to 
nonprofit private agencies, institutions, and organizations under this 
section.''.

SEC. 202. SEWER OVERFLOW CONTROL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Definition of Financially Distressed Community.--A 
financially distressed community referred to in subsection (b) is a 
community that meets the affordability criteria established by the 
State in which the community is located under section 603(i)(2).''.

SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) Extended Payment Period.--Section 603(d)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A), by striking ``20 years;'' and 
        inserting the following: ``the lesser of--
                            ``(i) the design life of the project to be 
                        financed using the proceeds of the loan; or
                            ``(ii) 30 years;''; and
            (2) in subparagraph (B), by striking ``not later than 20 
        years after project completion'' and inserting ``on the 
        expiration of the term of the loan''.
    (b) Technical and Planning Assistance for Small Systems.--Section 
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) 
is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) with respect to municipalities and intermunicipal, 
        interstate, and State agencies seeking assistance under this 
        title that serve a population of 20,000 or fewer, to provide to 
        owners and operators of small treatment works, in an amount not 
        to exceed 2 percent of the amount of total grant awards made 
        under this title--
                    ``(A) technical and planning assistance; and
                    ``(B) assistance relating to--
                            ``(i) financial management;
                            ``(ii) user fee analysis;
                            ``(iii) budgeting;
                            ``(iv) capital improvement planning;
                            ``(v) facility operation and maintenance;
                            ``(vi) repair schedules; and
                            ``(vii) other activities to improve 
                        wastewater treatment plant management and 
                        operations.''.
    (c) Additional Subsidization.--Section 603 of the Federal Water 
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end 
the following:
    ``(i) Additional Subsidization.--
            ``(1) In general.--In any case in which a State provides 
        assistance to a municipality or an intermunicipal, interstate, 
        or State agency under subsection (d), the State may provide 
        additional subsidization, including forgiveness of principal 
        and negative interest loans--
                    ``(A) to benefit a municipality that--
                            ``(i) meets the affordability criteria of 
                        the State established under paragraph (2); or
                            ``(ii) does not meet the criteria 
                        established under paragraph (2), if the 
                        municipality--
                                    ``(I) seeks additional 
                                subsidization to benefit individual 
                                ratepayers in the residential user rate 
                                class;
                                    ``(II) demonstrates to the State 
                                that the ratepayers described in 
                                subclause (I) will experience a 
                                significant hardship on the increase in 
                                rates required to finance the project 
                                or activity for which the assistance is 
                                sought; and
                                    ``(III) ensures, as part of an 
                                agreement between the State and the 
                                recipient, that the additional 
                                subsidization provided under this 
                                paragraph will be directed to those 
                                ratepayers through a user charge rate 
                                system (or another appropriate method); 
                                and
                    ``(B) to implement alternative processes, 
                materials, and techniques (including nonstructural 
                protection of surface waters, new or improved methods 
                of waste treatment, and pollutant trading) that may 
                result in cost savings or increased environmental 
                benefit when compared to standard processes, materials, 
                and techniques.
            ``(2) Affordability criteria.--
                    ``(A) Establishment.--
                            ``(i) In general.--Not later than September 
                        30, 2007, after providing notice and an 
                        opportunity for public comment, a State shall 
                        establish affordability criteria to assist the 
                        State in identifying municipalities that would 
                        experience a significant hardship on the 
                        increase in rates required to finance a project 
                        or activity that is eligible for assistance 
                        under subsection (c)(1) if additional 
                        subsidization under paragraph (1) is not 
                        provided.
                            ``(ii) Factors for consideration.--In 
                        establishing criteria under clause (i), a State 
                        shall take into consideration--
                                    ``(I) income data;
                                    ``(II) population trends; and
                                    ``(III) any other data the State 
                                determines to be relevant.
                    ``(B) Existing criteria.--If a State has 
                established, after providing notice and an opportunity 
                for public comment, criteria in accordance with 
                subparagraph (A) before the date of enactment of this 
                subsection, the criteria shall be considered to be 
                affordability criteria established under that 
                subparagraph.
                    ``(C) Information to assist states.--The 
                Administrator may publish information to assist States 
                in establishing affordability criteria under 
                subparagraph (A).
            ``(3) Priority.--In providing assistance under this 
        subsection, a State may give priority to any owner or operator 
        of a project or activity that--
                    ``(A) is eligible to receive funding under 
                subsection (c)(1); and
                    ``(B) is located in a municipality that meets the 
                affordability criteria established under paragraph (2).
            ``(4) Set-aside.--
                    ``(A) In general.--For any fiscal year during which 
                more than $1,400,000,000 is made available to the 
                Administrator to carry out this title, a State shall 
                provide additional subsidization under this subsection 
                in the amount described in subparagraph (B) to entities 
                described in paragraph (1) for projects and activities 
                identified in the intended use plan of the State under 
                section 606(c) on receipt of an application for 
                additional subsidization.
                    ``(B) Amount.--The amount referred to in 
                subparagraph (A) is an amount not less than 25 percent 
                of the difference between--
                            ``(i) the total amount that would have been 
                        allotted to the State under section 604 during 
                        the appropriate fiscal year, if the amount made 
                        available to the Administrator to carry out 
                        this title during that fiscal year was equal to 
                        $1,400,000,000; and
                            ``(ii) the total amount allotted to the 
                        State under section 604 for that fiscal year.
            ``(5) Limitation.--The total amount of additional 
        subsidization provided by a State under this subsection shall 
        not exceed 30 percent of the total amount of capitalization 
        grants received by the State under this title for fiscal years 
        beginning after September 30, 2006.''.

SEC. 204. ALLOTMENT OF FUNDS.

    (a) In General.--Section 604 of the Federal Water Pollution Control 
Act (33 U.S.C. 1384) is amended by striking subsection (a) and 
inserting the following:
    ``(a) Allotments.--
            ``(1) Fiscal years 2010 and 2011.--Amounts made available 
        to carry out this title for fiscal years 2010 and 2011 shall be 
        allotted by the Administrator in accordance with the formula 
        used to calculate allotments for fiscal year 2009.
            ``(2) Fiscal year 2012 and thereafter.--Amounts made 
        available to carry out this title for fiscal year 2012 and each 
        fiscal year thereafter shall be allotted by the Administrator 
        during each fiscal year--
                    ``(A) for amounts up to $1,350,000,000, in 
                accordance with the formula used to calculate 
                allotments for fiscal year 2007; and
                    ``(B) for any amount in excess of $1,350,000,000, 
                in accordance with the formula developed by the 
                Administrator under subsection (d).''.
    (b) Planning Assistance.--Section 604(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1384(b)) is amended by striking ``1 
percent'' and inserting ``2 percent''.
    (c) Formula.--Section 604 of the Federal Water Pollution Control 
Act (33 U.S.C. 1384) is amended by adding at the end the following:
    ``(d) Formula Based on Water Quality Needs.--Not later than 
September 30, 2009, after providing notice and an opportunity for 
public comment, the Administrator shall publish an allotment formula 
for purposes of subsection (a)(2)(B) based on water quality needs, to 
be determined by the Administrator in accordance with the most recent 
survey of needs developed by the Administrator under section 516.''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 
1387) is amended to read as follows:

``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $2,000,000,000 for fiscal year 2010;
            ``(2) $3,000,000,000 for fiscal year 2011;
            ``(3) $4,000,000,000 for fiscal year 2012;
            ``(4) $5,000,000,000 for fiscal year 2013; and
            ``(5) $6,000,000,000 for fiscal year 2014.''.

                      TITLE III--AREAS OF CONCERN

SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.

    Section 118(c)(12)(H) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and 
inserting the following:
                            ``(i) In general.--In addition to other 
                        amounts authorized to be appropriated to carry 
                        out this section, there is authorized to be 
                        appropriated to carry out this paragraph 
                        $150,000,000 for each of fiscal years 2010 
                        through 2015.''.

                       TITLE IV--TOXIC SUBSTANCES

SEC. 401. MERCURY REDUCTION GRANTS.

    Section 118(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)) is amended by adding at the end the following:
            ``(14) Mercury reduction grants.--
                    ``(A) In general.--The Program Office shall provide 
                grants to Great Lakes States and Indian tribes in Great 
                Lakes States to carry out projects--
                            ``(i) to reduce the quantity of mercury in 
                        the Great Lakes; and
                            ``(ii) to identify emerging contaminants in 
                        the Great Lakes.
                    ``(B) Application.--Each Great Lake State or Indian 
                tribe that seeks a grant under this paragraph shall 
                submit an application to the Program Office at such 
                time, in such manner, and accompanied by or containing 
                any information that the Program Office may require.
                    ``(C) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $10,000,000 for each of fiscal years 2010 
                through 2014.''.

                  TITLE V--INDICATORS AND INFORMATION

                      Subtitle A--Research Program

SEC. 501. RESEARCH REAUTHORIZATIONS.

    Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended--
            (1) in subsection (d)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) through (7) as 
                paragraphs (2) through (6), respectively; and
                    (C) in paragraph (5) (as redesignated by 
                subparagraph (B)), by striking ``which address priority 
                issues and current needs relating to the Great Lakes'' 
                and inserting ``in accordance with the joint research 
                and monitoring plan under subsection (e)''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Research and Management Coordination.--
            ``(1) Joint plan.--
                    ``(A) In general.--Not later than September 30 of 
                each year, the Program Office, the Research Office, and 
                the Great Lakes Science Center shall prepare and submit 
                to the Executive Committee of the Regional 
                Collaboration a joint research and monitoring plan for 
                the fiscal year that begins in the following calendar 
                year.
                    ``(B) Collaboration.--The Program Office, the 
                Research Office, and the Great Lakes Science Center 
                shall consult with other appropriate Federal and State 
                agencies, academic institutions, and other groups 
                conducting Great Lakes research and monitoring in 
                preparing the plan described in subparagraph (A).
                    ``(C) Submission to congress.--The President shall 
                include the plan described in subparagraph (A) in the 
                annual budget of the United States Government submitted 
                to Congress by the President.
            ``(2) Contents of plan.--Each plan prepared under paragraph 
        (1) shall--
                    ``(A) identify all proposed research dedicated to 
                activities carried out under the Great Lakes Water 
                Quality Agreement and any other applicable agreements 
                and amendments;
                    ``(B) include the assessment of the Regional 
                Collaboration of priorities for research needed to 
                fulfill the terms of those agreements; and
                    ``(C) identify all proposed research that may be 
                used to develop a comprehensive environmental data base 
                for the Great Lakes System and establish priorities for 
                development of the data base.''.

SEC. 502. GREAT LAKES SCIENCE CENTER.

    There is authorized to be appropriated to the Director of the 
United States Geological Survey, for use by the Great Lakes Science 
Center, to carry out research activities that advance scientific 
knowledge and provide scientific information for restoring, enhancing, 
managing, and protecting the living marine resources and habitats in 
the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 
2010 through 2014.

SEC. 503. CENTER FOR SPONSOR COASTAL OCEAN RESEARCH.

    There is authorized to be appropriated to the Director of the 
Center for Sponsored Coastal Ocean Research of the National Oceanic and 
Atmospheric Administration, for use by the Center, to carry out a 
program to provide grants to academic institutions, State agencies, and 
other appropriate groups to carry out activities, in accordance with 
the joint research and monitoring plan developed under section 118(e) 
of the Federal Water Pollution Control Act (33 U.S.C. 1268(e)), that 
advance scientific knowledge and provide scientific information for 
restoring, enhancing, managing, and protecting the living marine 
resources and habitats in the Great Lakes basin ecosystem $25,000,000 
for each of fiscal years 2010 through 2014.

SEC. 504. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.

    Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended by striking subsection (h) and inserting the 
following:
    ``(h) Authorizations of Appropriations.--There is authorized to be 
appropriated to carry out this section $105,000,0000 for each of fiscal 
years 2010 through 2014, of which, for each fiscal year--
            ``(1) $40,000,000 shall be made available to the Program 
        Office; and
            ``(2) $15,000,000 shall be made available to the Great 
        Lakes Environmental Research Laboratory.''.

            Subtitle B--Ocean and Coastal Observation System

SEC. 511. DEFINITIONS.

    In this subtitle:
            (1) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council.
            (2) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (F) the connecting channels of those Lakes, 
                including--
                            (i) the Saint Marys River;
                            (ii) the Saint Clair River;
                            (iii) the Detroit River;
                            (iv) the Niagara River; and
                            (v) the Saint Lawrence River to the 
                        Canadian border.
            (3) Observing system.--The term ``observing system'' means 
        the integrated coastal, ocean, and Great Lakes observing system 
        to be established by the Committee under section 512(a).
            (4) Interagency program office.--The term ``interagency 
        program office'' means the office established under section 
        512(d).

SEC. 512. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

    (a) Establishment.--
            (1) In general.--The President, acting through the Council, 
        shall establish and maintain an integrated system of ocean and 
        coastal observations, data communication and management, 
        analysis, modeling, research, education, and outreach designed 
        to provide data and information for the timely detection and 
        prediction of changes occurring in the ocean, coastal, and 
        Great Lakes environment that impact the social, economic, and 
        ecological systems of the United States.
            (2) Purposes.--The observing system shall provide for long-
        term, continuous, and quality-controlled observations of the 
        coasts, oceans, and Great Lakes so as to--
                    (A) improve the health of the coasts, oceans, and 
                Great Lakes of the United States;
                    (B) protect human lives and livelihoods from 
                hazards, including tsunamis, hurricanes, coastal 
                erosion, and fluctuating Great Lakes water levels;
                    (C) understand the effects of human activities and 
                natural variability on the state of the coasts, oceans, 
                and Great Lakes and the socioeconomic well-being of the 
                United States;
                    (D) provide for the sustainable use, protection, 
                and enjoyment of ocean, coastal, and Great Lakes 
                resources;
                    (E) provide information that can support the 
                eventual implementation and refinement of ecosystem-
                based management;
                    (F) supply critical information to marine-related 
                businesses, including aquaculture and fisheries; and
                    (G) support research and development to--
                            (i) ensure continuous improvement to ocean, 
                        coastal, and Great Lakes observation 
                        measurements; and
                            (ii) enhance understanding of the ocean, 
                        coastal, and Great Lakes resources of the 
                        United States.
    (b) System Elements.--To carry out the purposes of this subtitle, 
the observing system shall consist of--
            (1) a national program to fulfill national observation 
        priorities, including the ocean contribution of the United 
        States to the Global Earth Observation System of Systems and 
        the Global Ocean Observing System;
            (2) a network of regional associations to manage the 
        regional ocean and coastal observing and information programs 
        that collect, measure, and disseminate data and information 
        products to meet regional needs;
            (3) a data management and dissemination system for the 
        timely integration and dissemination of data and information 
        products from the national and regional systems;
            (4) a research and development program conducted under the 
        guidance of the Council; and
            (5) an outreach, education, and training program that 
        augments existing programs, including the National Sea Grant 
        College Program, the Centers for Ocean Sciences Education 
        Excellence program, and the National Estuarine Research Reserve 
        System, to ensure the use of the data and information for--
                    (A) improving public education and awareness of the 
                oceans of the United States; and
                    (B) building the technical expertise required to 
                operate and improve the observing system.
    (c) Council Functions.--In carrying out this section, the Council 
shall--
            (1) serve as the oversight body for the design and 
        implementation of all aspects of the observing system;
            (2) adopt plans, budgets, and standards that are developed 
        and maintained by the interagency program office in 
        consultation with the regional associations;
            (3) coordinate the observing system with other earth 
        observing activities, including the Global Ocean Observing 
        System and the Global Earth Observing System of Systems;
            (4) coordinate and administer programs of research, 
        development, education, and outreach to--
                    (A) support improvements to, and the operation of, 
                an integrated ocean and coastal observing system; and
                    (B) advance the understanding of the oceans;
            (5) establish pilot projects to develop technology and 
        methods for advancing the development of the observing system;
            (6) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on ocean 
        and coastal observing programs; and
            (7) in consultation with the Secretary of State, coordinate 
        relevant Federal activities with those of other nations.
    (d) Interagency Program Office.--
            (1) In general.--The Council shall establish an interagency 
        program office to be known as ``OceanUS''.
            (2) Responsibilities.--The interagency program office shall 
        be responsible for program planning and coordination of the 
        observing system.
            (3) Requirements.--The interagency program office shall--
                    (A) prepare annual and long-term plans for 
                consideration by the Council for the design and 
                implementation of the observing system that promote 
                collaboration among Federal agencies and regional 
                associations in developing the global and national 
                observing systems, including identification and 
                refinement of a core set of variables to be measured by 
                all systems;
                    (B) coordinate the development of agency priorities 
                and budgets for implementation of the observing system, 
                including budgets for the regional associations;
                    (C) establish and refine standards and protocols 
                for data management and communications, including 
                quality standards, in consultation with participating 
                Federal agencies and regional associations;
                    (D) develop a process for the certification and 
                periodic review and recertification of the regional 
                associations;
                    (E) establish an external technical committee to 
                provide biennial review of the observing system; and
                    (F) provide for opportunities to partner or 
                contract with private sector companies in deploying 
                ocean observation system elements.
    (e) Lead Federal Agency.--
            (1) In general.--The National Oceanic and Atmospheric 
        Administration shall be the lead Federal agency for 
        implementation and operation of the observing system.
            (2) Requirements.--Based on the plans prepared by the 
        interagency program office and adopted by the Council, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall--
                    (A) coordinate implementation, operation, and 
                improvement of the observing system;
                    (B) establish efficient and effective 
                administrative procedures for allocation of funds among 
                Federal agencies and regional associations in a timely 
                manner and according to the budget adopted by the 
                Council;
                    (C) implement and maintain appropriate elements of 
                the observing system;
                    (D) provide for the migration of scientific and 
                technological advances from research and development to 
                operational deployment;
                    (E) integrate and extend existing programs and 
                pilot projects into the operational observation system;
                    (F) certify regional associations that meet the 
                requirements of subsection (f); and
                    (G) integrate the capabilities of the National 
                Coastal Data Development Center and the Coastal 
                Services Center of the National Oceanic and Atmospheric 
                Administration, and other appropriate centers, into the 
                observing system to assimilate, manage, disseminate, 
                and archive data from regional observation systems and 
                other observation systems.
    (f) Regional Associations of Ocean and Coastal Observing Systems.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration may certify 1 or more regional 
        associations to be responsible for the development and 
        operation of regional ocean and coastal observing systems to 
        meet the information needs of user groups in the region while 
        adhering to national standards.
            (2) Requirements.--To be certifiable by the Administrator, 
        a regional association shall--
                    (A) demonstrate an organizational structure capable 
                of supporting and integrating all aspects of ocean and 
                coastal observing and information programs within a 
                region;
                    (B) operate under a strategic operations and 
                business plan that details the operation and support of 
                regional ocean and coastal observing systems in 
                accordance with the standards established by the 
                Council;
                    (C) provide information products for multiple users 
                in the region;
                    (D) work with governmental entities and programs at 
                all levels within the region to provide timely warnings 
                and outreach to protect the public; and
                    (E) meet certification standards developed by the 
                interagency program office in conjunction with the 
                regional associations and approved by the Council.
    (g) Prohibition on Lobbying.--Nothing in this subtitle authorizes a 
regional association to engage in lobbying activities (as defined in 
section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
    (h) Civil Liability.--For purposes of section 1346(b)(1) and 
chapter 171 of title 28, United States Code, the Suits in Admiralty Act 
(46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. 
App. 781 et seq.)--
            (1) any regional ocean and coastal observing system that is 
        a designated part of a regional association certified under 
        this section shall, in carrying out the purposes of this 
        subtitle, be considered to be part of the National Oceanic and 
        Atmospheric Administration; and
            (2) any employee of that system, while acting within the 
        scope of the employment of the employee, carrying out those 
        purposes, shall be considered to be an employee of the Federal 
        Government.

SEC. 513. RESEARCH, DEVELOPMENT, AND EDUCATION.

    The Council shall establish programs for research, development, 
education, and outreach for the ocean and coastal observing system, 
including projects under the National Oceanographic Partnership 
Program, consisting of--
            (1) basic research to advance knowledge of ocean and 
        coastal systems and ensure continued improvement of operational 
        products, including related infrastructure and observing 
        technology;
            (2) focused research projects to improve understanding of 
        the relationship between the coasts and oceans and human 
        activities;
            (3) large-scale computing resources and research to advance 
        modeling of ocean and coastal processes; and
            (4) a coordinated effort to build public education and 
        awareness of the ocean and coastal environment and functions 
        that integrates ongoing activities, including the National Sea 
        Grant College Program, the Centers for Ocean Sciences Education 
        Excellence, and the National Estuarine Research Reserve System.

SEC. 514. INTERAGENCY FINANCING.

    (a) In General.--The departments and agencies represented on the 
Council may participate in interagency financing and share, transfer, 
receive, obligate, and expend funds appropriated to any member of the 
Council to carry out any administrative or programmatic project or 
activity under this subtitle or under the National Oceanographic 
Partnership Program, including support for the interagency program 
office, a common infrastructure, and system integration for a ocean and 
coastal observing system.
    (b) Transfer of Funds.--Funds may be transferred among the 
departments and agencies described in subsection (a) through an 
appropriate instrument that specifies the goods, services, or space 
being acquired from another Council member and the costs of the same.

SEC. 515. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this subtitle supersedes, or limits the authority of the 
Secretary of the Interior under, the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.).

SEC. 516. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
National Oceanic and Atmospheric Administration to carry out the 
observing system under section 512 and the research and development 
program under section 513 (including financial assistance to the 
interagency program office, the regional associations for the 
implementation of regional ocean and coastal observing systems, and the 
departments and agencies represented on the Council) $150,000,000 for 
each of fiscal years 2010 through 2014, to remain available until 
expended.
    (b) Allocation of Funds.--At least 50 percent of the funds 
appropriated to carry out the observing system under section 512 shall 
be allocated to the regional associations certified under section 
512(f) to carry out regional ocean and coastal observing systems.

SEC. 517. REPORTING REQUIREMENT.

    (a) In General.--Not later than March 31, 2011, the President, 
acting through the Council, shall submit to Congress a report on the 
programs established under sections 512 and 513.
    (b) Requirements.--The report shall include--
            (1) a description of activities carried out under the 
        programs;
            (2) an evaluation of the effectiveness of the programs; and
            (3) recommendations concerning reauthorization of the 
        programs and funding levels for the programs in succeeding 
        fiscal years.

    Subtitle C--Great Lakes Water Quality Indicators and Monitoring

SEC. 521. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.

    Section 118(c)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B)(i) not later than 2 years after the date of 
                enactment of this clause, in cooperation with Canada 
                and appropriate Federal agencies (including the United 
                States Geological Survey, the National Oceanic and 
                Atmospheric Administration, and the United States Fish 
                and Wildlife Service), develop and implement a set of 
                science-based indicators of water quality and related 
                environmental factors in the Great Lakes, including, at 
                a minimum, measures of toxic pollutants that have 
                accumulated in the Great Lakes for a substantial period 
                of time, as determined by the Program Office;
                    ``(ii) not later than 4 years after the date of 
                enactment of this clause--
                            ``(I) establish a Federal network for the 
                        regular monitoring of, and collection of data 
                        throughout, the Great Lakes basin with respect 
                        to the indicators described in clause (i); and
                            ``(II) collect an initial set of benchmark 
                        data from the network; and
                    ``(iii) not later than 2 years after the date of 
                collection of the data described in clause (ii)(II), 
                and biennially thereafter, in addition to the report 
                required under paragraph (10), submit to Congress, and 
                make available to the public, a report that--
                            ``(I) describes the water quality and 
                        related environmental factors of the Great 
                        Lakes (including any changes in those factors), 
                        including a description of ways in which the 
                        factors relate to restoration priorities 
                        provided by the Great Lakes Regional 
                        Collaboration Executive Committee, as 
                        determined through the regular monitoring of 
                        indicators under clause (ii)(I) for the period 
                        covered by the report; and
                            ``(II) identifies any emerging problems in 
                        the water quality or related environmental 
                        factors of the Great Lakes;''.

                   TITLE VI--SUSTAINABLE DEVELOPMENT

SEC. 601. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Related area.--The term ``related area'' means land--
                    (A) located adjacent to, or in close proximity of, 
                a waterfront area; and
                    (B) that impacts or influences a waterfront area or 
                an aquatic habitat.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary for Oceans and 
        Atmosphere.
            (3) Waterfront area.--The term ``waterfront area'' means a 
        site located adjacent to a lake, river, stream, wetland, or 
        floodplain of the United States.
    (b) Application.--An individual or entity that seeks to receive 
assistance under this section shall submit to the Secretary an 
application for the assistance in such form, by such time, and 
containing such information as the Secretary may require.
    (c) Justification and Purpose.--
            (1) Justification.--The Secretary may provide assistance to 
        eligible recipients in financing a restoration or remediation 
        project only if the Secretary finds that the proposed project 
        addresses concerns relating to--
                    (A) public health;
                    (B) public safety;
                    (C) environmental improvements; or
                    (D) economic improvements.
            (2) Purpose.--An eligible recipient of assistance may use 
        assistance made available under this section to complete a 
        restoration or remediation project for the purpose of--
                    (A) improving the surrounding ecosystem; or
                    (B) preparing land for redevelopment by Federal, 
                State, or local agencies, or private entities.
    (d) Cost Sharing.--
            (1) General assistance.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, the Federal share of the cost of 
                carrying out a restoration or remediation project under 
                this section shall not exceed 65 percent, as determined 
                by the Secretary.
                    (B) Innovative technology.--The Federal share of 
                the cost of carrying out a restoration or remediation 
                project under this section that involves conducting a 
                pilot project to test a demonstration or innovative 
                technology shall not exceed 85 percent, as determined 
                by the Secretary.
            (2) Operation and maintenance.--The non-Federal share of 
        operation and maintenance costs for a restoration or 
        remediation project under this section shall be 100 percent.
            (3) Credit for work-in-kind considerations.--In determining 
        the amount of a contribution made by a non-Federal interest 
        under this section, the non-Federal interest shall receive 
        credit equal to 100 percent of the value of any land, 
        easements, rights-of-way, and relocations, and the reasonable 
        cost of services, studies, and supplies, contributed toward the 
        non-Federal share of project costs.
            (4) Liability of federal government.--The eligible 
        recipient shall hold the United States harmless from any claim 
        or damage that may arise from carrying out the restoration or 
        remediation project under this section, except any claim or 
        damage that may arise from the negligence of the Federal 
        Government or a contractor of the Federal Government.
    (e) Funding Limitation Per Project.--Of the funds provided under 
this section, not more than $5,000,000 may be allocated for an 
individual restoration or rehabilitation project.

SEC. 602. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT 
              AND RELATED AREAS.

    The Secretary, in consultation with appropriate Federal, State, and 
local agencies, is authorized to restore and remediate waterfront and 
related areas, including site characterization, planning, design, 
construction, and monitoring.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $50,000,000 for fiscal year 2010 and each subsequent 
fiscal year.

                 TITLE VII--COORDINATION AND OVERSIGHT

SEC. 701. DEFINITIONS.

    In this title:
            (1) Collaboration.--The term ``Collaboration'' means the 
        Great Lakes Regional Collaboration established by section 
        704(a).
            (2) Executive committee.--The term ``Executive Committee'' 
        means the Great Lakes Regional Collaboration Executive 
        Committee established by section 703(a).
            (3) Executive order.--The term ``Executive order'' means 
        Executive Order No. 13340 (33 U.S.C. 1268 note; relating to 
        establishment of Great Lakes Interagency Task Force and 
        promotion of regional collaboration of national significance 
        for Great Lakes).
            (4) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (F) the connecting channels of those Lakes, 
                including--
                            (i) the Saint Marys River;
                            (ii) the Saint Clair River;
                            (iii) the Detroit River;
                            (iv) the Niagara River; and
                            (v) the Saint Lawrence River to the 
                        Canadian border.
            (5) Great lakes city.--The term ``Great Lakes city'' means 
        a city located in the watershed basin of a Great Lake.
            (6) Great lakes state.--The term ``Great Lakes State'' 
        means any of the States of Illinois, Indiana, Michigan, 
        Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
            (7) Great lakes tribe.--The term ``Great Lakes tribe'' 
        means any Indian tribe, band, village, nation, or other 
        organized group or community in the watershed basin of a Great 
        Lake that is recognized by the Bureau of Indian Affairs as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (8) Saint lawrence city.--The term ``Saint Lawrence city'' 
        means a city located in the watershed basin of the Saint 
        Lawrence River.
            (9) Task force.--The term ``Task Force'' means the Great 
        Lakes Interagency Task Force established by section 702(a).

SEC. 702. GREAT LAKES INTERAGENCY TASK FORCE.

    (a) Interagency Coordination.--The Great Lakes Interagency Task 
Force, as established by the Executive order for administrative 
purposes, is established as a task force within the Environmental 
Protection Agency.
    (b) Duties.--In addition to the duties described in the Executive 
order, the Task Force shall--
            (1) ensure that implementation of programs and projects 
        under the authority of Task Force members is coordinated, 
        effective, and cost-efficient;
            (2) work in cooperation with Federal agencies on the 
        development of budgets and financial plans regarding the Great 
        Lakes for inclusion in annual submissions by the President to 
        Congress of the budget of the United States; and
            (3) submit to Congress a biennial report that describes the 
        projects and activities carried out by the Collaboration during 
        the 2-year period covered by the report, including a 
        description of--
                    (A) any actions that Federal agencies can take to 
                address the biennial restoration goals;
                    (B) Federal expenditures to meet the restoration 
                goals and the amount of non-Federal funding leveraged 
                by those Federal expenditures; and
                    (C) the indicators and monitoring used to determine 
                whether the goals will be met.

SEC. 703. GREAT LAKES REGIONAL COLLABORATION EXECUTIVE COMMITTEE.

    (a) In General.--There is established a Great Lakes Regional 
Collaboration Executive Committee.
    (b) Composition.--The Executive Committee shall be composed of--
            (1) the Chairperson of the Task Force;
            (2) a representative of the Governors of the Great Lakes 
        States, as agreed on by the Governors;
            (3) a representative of the Great Lakes cities and Saint 
        Lawrence cities, as agreed on by the majority of mayors of 
        those cities; and
            (4) a designated representative for the Great Lakes tribes, 
        as agreed on by those tribes.
    (c) Duties.--The Executive Committee shall--
            (1) hold semiannual public meetings to discuss Great Lakes 
        restoration goals and progress;
            (2) receive input and consider recommendations from 
        interested parties, including nongovernmental organizations, 
        industry, and academia, with respect to proposed 
        recommendations of the Executive Committee for restoration of 
        the Great Lakes; and
            (3) submit to Congress and the Task Force a biennial report 
        that includes--
                    (A) an analysis of progress in--
                            (i) carrying out restoration of the Great 
                        Lakes; and
                            (ii) meeting the goals and recommendations 
                        in the restoration and protection strategy 
                        developed by the Great Lakes Regional 
                        Collaboration and under this Act; and
                    (B) recommendations on future priorities and 
                actions with respect to that restoration.
    (d) Subcommittees.--The members of the Executive Committee may 
designate representatives to work as 1 or more subcommittees to provide 
staff support and otherwise assist in carrying out responsibilities of 
the Executive Committee relating to the Collaboration.

SEC. 704. GREAT LAKES REGIONAL COLLABORATION.

    (a) In General.--There is established the Great Lakes Regional 
Collaboration.
    (b) Composition.--The Collaboration shall be composed of--
            (1) the members of the Executive Committee; and
            (2) each other individual and entity that notifies the 
        Executive Committee, in writing, of the desire and intent of 
        the individual or entity to participate in the Collaboration.
    (c) Duties.--The Collaboration shall--
            (1) develop and maintain as current a restoration and 
        protection strategy to provide information for use in future 
        Great Lakes program implementation and funding decisions;
            (2) serve as a forum for addressing near-term regional 
        issues relating to ecosystem restoration and protection of the 
        Great Lakes; and
            (3) establish an oversight forum to coordinate and enhance 
        implementation of Great Lakes programs.

SEC. 705. GREAT LAKES RESTORATION GRANTS.

    (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Great Lakes 
        Environmental Restoration Advisory Board established by 
        subsection (c)(1).
            (2) Program office.--The term ``Program Office'' means the 
        Great Lakes National Program Office of the Environmental 
        Protection Agency.
    (b) Great Lakes Environmental Restoration Grant Program.--
            (1) Establishment.--There is established a program, to be 
        known as the ``Great Lakes Environmental Restoration Grant 
        Program'', to be administered by the Program Office.
            (2) Grants.--The Program Office, in coordination with the 
        Executive Committee, shall provide to States, municipalities, 
        and other eligible applicants grants for use in and around the 
        Great Lakes in carrying out projects and activities for--
                    (A) contaminated sediment cleanup;
                    (B) wetland restoration;
                    (C) invasive species control and prevention;
                    (D) coastal wildlife and fisheries habitat 
                improvement;
                    (E) public access improvement;
                    (F) water quality improvement;
                    (G) sustainable water use;
                    (H) nonpoint source pollution reduction; or
                    (I) such other purposes to restore, protect, and 
                assist the recovery of the Great Lakes, as the Board 
                determines to be appropriate.
            (3) Distribution.--In providing grants under this 
        subsection for a fiscal year, the Program Office shall ensure 
        that--
                    (A) at least 1 project or activity is funded in 
                each Great Lakes State for the fiscal year;
                    (B) the amount of funds received by each Great 
                Lakes State under this subsection for the fiscal year 
                is at least 6 percent, but not more than 30 percent, of 
                the total amount of funds made available for grants 
                under this section for the fiscal year;
                    (C) each project or activity for which funding is 
                provided results in 1 or more tangible improvements in 
                the Great Lakes watershed; and
                    (D) each project or activity for which funding is 
                provided addresses 1 or more priority issue areas 
                identified by the Board for the fiscal year.
            (4) Evaluation of applications.--
                    (A) In general.--In evaluating applications for 
                grants under this subsection, the Program Office shall 
                give priority to the applications in accordance with 
                such ranking system as the Executive Committee may 
                establish.
                    (B) Negative determinations.--If the Program Office 
                determines not to provide a grant to an application 
                ranked by the Executive Committee under subparagraph 
                (A) as 1 of the top 10 applications, the Program Office 
                shall submit to the Executive Committee a written 
                statement explaining the reasons why the proposal was 
                not funded by not later than 30 days after the date of 
                the determination.
            (5) Prohibited activities.--A grant provided under this 
        subsection shall not be used for--
                    (A) design, construction, or improvement of a road, 
                except as required in connection with a sewer upgrade;
                    (B) design, implementation, or evaluation of a 
                research or monitoring project or activity, except as 
                required in connection with a project or activity that 
                will result in a tangible improvement to the Great 
                Lakes watershed;
                    (C) design or implementation of a beautification 
                project or activity that does not result in a tangible 
                improvement to the Great Lakes watershed;
                    (D) litigation expenses, including for any legal 
                action to address a violation of the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), or any other environmental law or regulation; or
                    (E) lobbying activities (as defined in section 3 of 
                the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
            (6) Funding.--
                    (A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                subsection $50,000,000 for each of fiscal years 2010 
                through 2015.
                    (B) Cost sharing.--The Federal share of the cost of 
                any project or activity carried out using funds made 
                available under this subsection shall not exceed 80 
                percent.
                    (C) In-kind contributions.--The non-Federal share 
                of the cost of any project or activity carried out 
                using funds made available under this subsection may be 
                provided in cash or in kind.
    (c) Great Lakes Environmental Restoration Advisory Board.--
            (1) Establishment.--There is established a board, to be 
        known as the ``Great Lakes Environmental Restoration Advisory 
        Board''.
            (2) Membership.--
                    (A) In general.--The Board shall be composed of 15 
                members (or designees of the members), to be appointed 
                by the Executive Committee, of whom--
                            (i) 5 shall be representatives of 
                        environmental organizations;
                            (ii) 5 shall be representatives of 
                        industry, to be selected by the chairperson of 
                        the Board;
                            (iii) 1 shall be a representative of 
                        Canadian interests; and
                            (iv) 4 shall be representatives of other 
                        interests, such as recreational boating, 
                        fishing, birding, and academia.
                    (B) Date of appointments.--The appointment of each 
                member of the Board shall be made not later than 90 
                days after the date of enactment of this Act.
                    (C) Term; vacancies.--
                            (i) Term.--A member of the Board shall be 
                        appointed for 5 years.
                            (ii) Vacancies.--A vacancy on the Board--
                                    (I) shall not affect the powers of 
                                the Board; and
                                    (II) shall be filled in the same 
                                manner as the original appointment was 
                                made.
                    (D) Meetings.--The Board shall meet at the call of 
                the chairperson.
                    (E) Chairperson.--The Board shall select a 
                chairperson of the Board from the members appointed 
                under subparagraph (A)(i).
            (3) Duties.--
                    (A) Determination of funding priority issue 
                areas.--
                            (i) In general.--Not later than September 
                        30, 2009, and annually thereafter, the Board 
                        shall--
                                    (I) determine, by majority vote in 
                                accordance with clause (ii), the 
                                funding priority issue areas that shall 
                                apply to all grants provided under 
                                subsection (b) during the following 
                                fiscal year; and
                                    (II) submit to the Executive 
                                Committee a report describing the 
                                determination.
                            (ii) Great lakes goals.--The Board shall 
                        base a determination under clause (i)(I) on 
                        environmental restoration goals for the Great 
                        Lakes that identify specific objectives and the 
                        best methods by which to produce tangible 
                        improvement to the Great Lakes.
                    (B) Grants.--
                            (i) Action by program office.--The Program 
                        Office shall provide to the Board, in a timely 
                        manner, a copy of each application for a grant 
                        under subsection (b).
                            (ii) Board.--The Board shall--
                                    (I) review each application 
                                received under clause (i); and
                                    (II) by a date specified by the 
                                Program Office, provide to the Program 
                                Office a list of the grant applications 
                                that the Board recommends for funding, 
                                ranked in order of the applications 
                                that most merit funding.
                                 <all>
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