II 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Great Lakes Collaboration Implementation Act of 2009’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—INVASIVE SPECIES 


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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 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 


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1 (1) the Great Lakes, containing approximately 

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

3 treasure of global significance; 

4 (2) the Great Lakes provide drinking water for 

5 millions of people, facilitate commerce, and provide 

6 recreational opportunities for people from across the 

7 United States and around the world; 

8 (3) renewed efforts and investments are critical 

9 to aid in meeting the goals and objectives of the 

10 Great Lakes Water Quality Agreement between the 

11 United States and Canada; 

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

13 group of leading scientists from top institutions in 

14 the Great Lakes area found that— 

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

16 ecologic catastrophe; 

17 (B) the primary stressors straining the 

18 health of the Great Lakes are— 

19 (i) toxic chemicals; 

20 (ii) overloading of human waste and 

21 urban and agricultural runoff; 

22 (iii) physical changes to the shorelines 

23 and wetlands; 

24 (iv) invasive plant and animal species; 

25 (v) changes in water patterns; and 


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1 (vi) overfishing; 

2 (C) the deterioration of the Great Lakes 

3 ecosystem is accelerating dramatically; and 

4 (D) if the pattern of deterioration is not 

5 reversed immediately, the damage could be ir6 reparable; 

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

8 paragraph (4)(B)— 

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

10 2003; 

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

12 square mile dead zone that forms every sum13 mer; 

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

16 and environmental damage in the Great Lakes; 

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

19 Lakes; and 

20 (E) wildlife habitats have been destroyed, 

21 which has diminished fishing, hunting, and 

22 other outdoor recreation opportunities in the 

23 Great Lakes; 

24 (6) because of the patchwork approach to fixing 

25 the problems facing the Great Lakes, the problems 


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1 have not only persisted in, but have also gotten 

2 worse in some areas of, the Great Lakes; 

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

5 restoration of the system is needed to prevent the 

6 Great Lakes from collapsing; 

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

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

10 (A) formed for the purpose of developing a 

11 strategic action plan for Great Lakes restora12 tion; and 

13 (B) composed of— 

14 (i) key members from the Federal 

15 Government, State and local governments, 

16 and Indian tribes; and 

17 (ii) other stakeholders; 

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

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

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

23 (10) the recommendations of the Great Lakes 

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


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

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

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

8 emerging toxic pollutants, and other issues affecting 

9 the Great Lakes basin. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

14 (A) the National Oceanic and Atmospheric 

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

17 (B) the Smithsonian Institution (acting 

18 through the Smithsonian Environmental Re19 search Center); and 

20 (C) the United States Geological Survey. 

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

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

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


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1 environment (including inland waters, riparian 

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

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

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

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

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

7 introduction and establishment of an invasive species 

8 into an ecosystem beyond the historic range of the 

9 invasive species. 

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

11 species’’ means a species— 

12 (A) that is nonnative to the ecosystem 

13 under consideration; and 

14 (B) whose introduction causes or may 

15 cause harm to the economy, the environment, or 

16 human health. 

17 (7) INVASIVE SPECIES COUNCIL.—The term 

18 ‘‘Invasive Species Council’’ means the council estab19 lished by section 3 of Executive Order No. 13112 

20 (42 U.S.C. 4321 note; relating to invasive species). 

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

22 or more routes by which an invasive species is trans23 ferred from 1 ecosystem to another. 

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

25 fundamental category of taxonomic classification or 


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1 any viable biological material ranking below a genus 

2 or subgenus. 

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

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

6 Aquatic Nuisance Prevention and Control Act of 

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

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

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

13 TITLE I—INVASIVE SPECIES 

14 Subtitle A—National Aquatic 

15 Invasive Species 

16 SEC. 101. SHORT TITLE. 

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

18 Invasive Species Act of 2009’’. 

19 SEC. 102. FINDINGS. 

20 Congress finds that— 

21 (1) aquatic invasive species are second only to 

22 habitat destruction as a cause of permanent losses 

23 in biological diversity of aquatic ecosystems of the 

24 United States; 


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1 (2) aquatic invasive species continue to be in2 troduced into waters of the United States at an un3 acceptable rate; 

4 (3) aquatic invasive species damage infrastruc5 ture, disrupt commerce, out compete native species, 

6 reduce biodiversity, and threaten human health; 

7 (4) the direct and indirect costs of aquatic 

8 invasive species to the economy of the United States 

9 amount to billions of dollars per year; 

10 (5) in the Great Lakes region, approximately 

11 $3,000,000,000 has been spent in the past 10 years 

12 to mitigate the damage caused by a single invasive 

13 species, the zebra mussel; 

14 (6) wetlands suffer compound impacts from— 

15 (A) aquatic infestations (such as Hydrilla); 

16 and 

17 (B) riparian infestations (such as Purple 

18 Loosestrife); 

19 (7) prevention of aquatic invasive species is the 

20 most environmentally sound and cost-effective man21 agement approach because once established, aquatic 

22 invasive species are costly, and sometimes impossible 

23 to control; 

24 (8) to be effective, the prevention, early detec25 tion, and control of and rapid response to aquatic 


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1 invasive species should be coordinated regionally, na2 tionally, and internationally; 

3 (9) pathway management is the most promising 

4 approach to reducing unplanned introductions of 

5 aquatic invasive species; 

6 (10) consistent national screening criteria are 

7 needed to evaluate the potential risk of nonindige8 nous aquatic species; 

9 (11) States and regions have— 

10 (A) unique vulnerabilities with respect to 

11 aquatic invasive species; and 

12 (B) unique means for addressing aquatic 

13 invasive species; 

14 (12) to accurately identify and manage high 

15 risk pathways, it is essential to carry out a com16 prehensive research program that— 

17 (A) monitors pathways and ecosystems to 

18 detect the establishment and spread of invasive 

19 species; 

20 (B) develops and demonstrates effective 

21 methods for the management and control of 

22 invasive species; and 

23 (C) monitors the success of efforts to pre24 vent and control invasive species; and 


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1 (13) it is in the interest of the United States 

2 to— 

3 (A) carry out a comprehensive and thor4 ough program to research, prevent, manage, 

5 and control the introduction of aquatic species 

6 that may become invasive; and 

7 (B) to the maximum extent practicable, co8 ordinate the program described in subpara9 graph (A) with neighboring nations and other 

10 programs being carried out globally. 

11 SEC. 103. DEFINITIONS. 

12 Section 1003 of the Nonindigenous Aquatic Nuisance 

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

14 amended to read as follows: 

15 ‘‘SEC. 1003. DEFINITIONS. 

16 ‘‘In this Act: 

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Environ19 mental Protection Agency. 

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

21 ecosystem’ means a freshwater, marine, or estuarine 

22 environment (including inland waters and wetlands), 

23 located wholly in the United States. 

24 ‘‘(3) AQUATIC ORGANISM.— 


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1 ‘‘(A) IN GENERAL.—The term ‘aquatic or2 ganism’ means a living animal, plant, fungus, 

3 or microorganism inhabiting or reproducing in 

4 an aquatic ecosystem. 

5 ‘‘(B) INCLUSIONS.—The term ‘aquatic or6 ganism’ includes— 

7 ‘‘(i) seeds; 

8 ‘‘(ii) eggs; 

9 ‘‘(iii) spores; and 

10 ‘‘(iv) any other viable biological mate11 rial. 

12 ‘‘(4) ASSISTANT SECRETARY.—The term ‘As13 sistant Secretary’ means the Assistant Secretary of 

14 the Army for Civil Works. 

15 ‘‘(5) BALLAST WATER.— 

16 ‘‘(A) IN GENERAL.—The term ‘ballast 

17 water’ means— 

18 ‘‘(i) any water (including matter sus19 pended in the water) taken on board a ves20 sel to control trim, list, draught, stability, 

21 or stress of the vessel; and 

22 ‘‘(ii) any water placed into a ballast 

23 tank during cleaning, maintenance, or any 

24 other operation. 


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1 ‘‘(B) EXCLUSION.—The term ‘ballast 

2 water’ does not include water that, at the time 

3 of discharge of the water— 

4 ‘‘(i) does not contain any aquatic 

5 invasive species that was taken on board a 

6 vessel; and 

7 ‘‘(ii) was used for a purpose described 

8 in subparagraph (A)(i). 

9 ‘‘(6) BEST PERFORMING TREATMENT TECH10 NOLOGY.—The term ‘best performing treatment 

11 technology’ means the ballast water treatment tech12 nology that is, as determined by the Secretary— 

13 ‘‘(A) the most biologically effective; 

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

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

16 practicable. 

17 ‘‘(7) COASTAL VOYAGE.—The term ‘coastal voy18 age’ means a voyage conducted entirely within the 

19 exclusive economic zone. 

20 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

21 the Director of the United States Fish and Wildlife 

22 Service. 

23 ‘‘(9) ENVIRONMENTALLY SOUND.—The term 

24 ‘environmentally sound’, refers to an activity that 

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1 tations, of aquatic invasive species in a manner that 

2 minimizes adverse effects on— 

3 ‘‘(A) the structure and function of an eco4 system; and 

5 ‘‘(B) nontarget organisms and ecosystems. 

6 ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term 

7 ‘exclusive economic zone’ means the area comprised 

8 of— 

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

10 United States established by Proclamation 

11 Number 5030, dated March 10, 1983; and 

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

13 Mexico. 

14 ‘‘(11) EXISTING VESSEL.—The term ‘existing 

15 vessel’ means any vessel that enters service on or be16 fore December 31, 2009. 

17 ‘‘(12) GREAT LAKES.—The term ‘Great Lakes’ 

18 means— 

19 ‘‘(A) Lake Erie; 

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

21 Clair); 

22 ‘‘(C) Lake Michigan; 

23 ‘‘(D) Lake Ontario; 

24 ‘‘(E) Lake Superior; 


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1 ‘‘(F) the connecting channels of those 

2 Lakes, including— 

3 ‘‘(i) the Saint Mary’s River; 

4 ‘‘(ii) the Saint Clair River; 

5 ‘‘(iii) the Detroit River; 

6 ‘‘(iv) the Niagara River; and 

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

8 Canadian border; and 

9 ‘‘(G) any other body of water located with10 in the drainage basin of a Lake, River, or con11 necting channel described in any of subpara12 graphs (A) through (F). 

13 ‘‘(13) GREAT LAKES REGION.—The term ‘Great 

14 Lakes region’ means the region comprised of the 

15 States of Illinois, Indiana, Michigan, Minnesota, 

16 New York, Ohio, Pennsylvania, and Wisconsin. 

17 ‘‘(14) IN TRADE.—The term ‘in trade’, with re18 spect to a species, means a species that has a docu19 mented history of repeatedly being commercially im20 ported into the United States during the period be21 ginning on January 1, 1990, and ending on January 

22 1, 2007. 

23 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’ 

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


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1 Indian Self-Determination and Education Assistance 

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

3 ‘‘(16) INTERBASIN WATERWAY.—The term 

4 ‘interbasin waterway’ means a waterway that con5 nects 2 distinct water basins. 

6 ‘‘(17) INTRODUCTION.—The term ‘introduction’ 

7 means the transfer of an organism to an ecosystem 

8 outside the historic range of the species of which the 

9 organism is a member. 

10 ‘‘(18) INVASION.—The term ‘invasion’ means 

11 an infestation of an aquatic invasive species. 

12 ‘‘(19) INVASIVE SPECIES.—The term ‘invasive 

13 species’ means a nonindigenous species the introduc14 tion of which into an ecosystem may cause harm to 

15 the economy, environment, human health, recreation, 

16 or public welfare. 

17 ‘‘(20) NATIONAL INVASIVE SPECIES COUNCIL.— 

18 The term ‘National Invasive Species Council’ means 

19 the interagency council established by section 3 of 

20 Executive Order No. 13112 (42 U.S.C. 4321 note). 

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

22 means any vessel that enters service on or after Jan23 uary 1, 2010. 

24 ‘‘(22) NONINDIGENOUS SPECIES.—The term 

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1 system the range of which exceeds the historic range 

2 of the species in that ecosystem. 

3 ‘‘(23) ORGANISM TRANSFER.—The term ‘orga4 nism transfer’ means the movement of an organism 

5 of any species from 1 ecosystem to another eco6 system outside the historic range of the species. 

7 ‘‘(24) PATHWAY.—The term ‘pathway’ means 1 

8 or more vectors by which an invasive species is 

9 transferred from 1 ecosystem to another. 

10 ‘‘(25) PLANNED IMPORTATION.—The term 

11 ‘planned importation’ means the purposeful move12 ment of 1 or more nonindigenous organisms for use 

13 in the territorial limits of the United States. 

14 ‘‘(26) REGIONAL PANEL.—The term ‘regional 

15 panel’ means a panel convened in accordance with 

16 section 1203. 

17 ‘‘(27) SALTWATER FLUSHING.—The term ‘salt18 water flushing’ means the process of— 

19 ‘‘(A) adding midocean water to a ballast 

20 water tank that contains residual quantities of 

21 ballast water; 

22 ‘‘(B) mixing the midocean water with the 

23 residual ballast water and sediment in the tank 

24 through the motion of a ship; and 


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1 ‘‘(C) discharging the mixed water so that 

2 the salinity of the resulting residual ballast 

3 water in the tank exceeds 30 parts per thou4 sand. 

5 ‘‘(28) SECRETARY.—The term ‘Secretary’ 

6 means the Secretary of Homeland Security. 

7 ‘‘(29) SPECIES.—The term ‘species’ means any 

8 fundamental category of taxonomic classification 

9 below the level of genus or subgenus, including a 

10 species, subspecies, or any recognized variety of ani11 mal, plant, fungus, or microorganism. 

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

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

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

16 means a mechanical, physical, chemical, biological, 

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

18 rendering inviable organisms. 

19 ‘‘(32) TYPE APPROVAL.—The term ‘type ap20 proval’ means an approval procedure under which a 

21 type of system is initially certified as meeting a 

22 standard established by law (including a regulation) 

23 for a particular application if the system is operated 

24 correctly. 


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

2 Secretary’ means the Under Secretary of Commerce 

3 for Oceans and Atmosphere. 

4 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde5 sirable impact’ means economic, human health, aes6 thetic, or environmental degradation that is not nec7 essary for, and is not clearly outweighed by, public 

8 health, environmental, or welfare benefits. 

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

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

11 the United States’ means the navigable waters 

12 and territorial sea of the United States. 

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

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

15 PART I—PREVENTION OF INTRODUCTION OF 

16 AQUATIC INVASIVE SPECIES BY OTHER 

17 PATHWAYS 

18 SEC. 111. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

19 Subtitle C of title I of the Nonindigenous Aquatic 

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

21 4721 et seq.) is amended by adding at the end the fol22 lowing: 

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

24 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH25 WAYS.—Not later than 2 years after the date of enactment 


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1 of the National Aquatic Invasive Species Act of 2009, and 

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

3 with the National Invasive Species Council and in con4 sultation with representatives of States, industry, and 

5 other interested parties, shall, based on pathway surveys 

6 conducted under this title and other available research re7 lating to the rates of introductions in waters of the United 

8 States— 

9 ‘‘(1) identify those pathways that pose the high10 est risk for introductions of invasive species, both 

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

12 ‘‘(2) develop recommendations for management 

13 strategies for those high-risk pathways; 

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

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

16 identifications, strategies, and recommendations 

17 based on research collected under this title; and 

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

19 into waters of the United States that are likely to 

20 be introduced into waters of the United States un21 less preventative measures are taken. 

22 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH23 WAYS.—Not later than 3 years after the date of enactment 

24 of the National Aquatic Invasive Species Act of 2009, the 

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1 imum extent practicable, implement the strategies de2 scribed in subsection (a)(2), considering appropriate peri3 odic updates to the strategies.’’. 

4 SEC. 112. SCREENING PROCESS FOR PLANNED IMPORTA5 TIONS OF LIVE AQUATIC ORGANISMS. 

6 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

9 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA10 TIONS OF AQUATIC ORGANISMS. 

11 ‘‘(a) PURPOSE.—The purpose of the screening proc12 ess under this section is to prevent the introduction or 

13 establishment of aquatic invasive species, including patho14 gens and parasites of the species, in waters of the United 

15 States and contiguous waters of Canada and Mexico. 

16 ‘‘(b) CATALOG OF SPECIES IN TRADE.—Not later 

17 than 18 months after the date of enactment of the Na18 tional Aquatic Invasive Species Act of 2009, the Director 

19 of the United States Geological Survey, the Administrator 

20 of the Animal and Plant Health Inspection Service, the 

21 Director of the Smithsonian Environmental Research Cen22 ter, and other Federal agencies with jurisdiction over 

23 planned importations of live organisms, shall— 

24 ‘‘(1) develop and, as necessary, update a cata25 log of species in trade; and 


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1 ‘‘(2) include the catalog in the information pro2 vided to the public pursuant to section 1102(f) . 

3 ‘‘(c) PLANNED IMPORTATIONS.—Not later than 3 

4 years after the date of enactment of the National Aquatic 

5 Invasive Species Act of 2009, no aquatic organism of a 

6 species that is not in trade shall be imported into the 

7 United States without screening and approval in accord8 ance with this section. 

9 ‘‘(d) GUIDELINES.— 

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

11 after the date of enactment of the National Aquatic 

12 Invasive Species Act of 2009, the National Invasive 

13 Species Council, in conjunction with the Task Force 

14 and in consultation with affected regional panels, 

15 States, Indian tribes, and other stakeholders, shall 

16 promulgate guidelines for screening proposed 

17 planned importations of aquatic organisms into the 

18 United States. 

19 ‘‘(2) CONTENT.—At a minimum, the guidelines 

20 under paragraph (1) shall include guidelines relating 

21 to— 

22 ‘‘(A) the minimum information require23 ments for screening determinations under sub24 section (e); 


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1 ‘‘(B) a simplified notification procedure for 

2 any additional shipment of organisms that may 

3 occur after completion of an initial screening 

4 process and determination under subsection (e); 

5 ‘‘(C) application forms; and 

6 ‘‘(D) shipping labels. 

7 ‘‘(3) FACTORS FOR CONSIDERATION.—In devel8 oping guidelines under this section, the National 

9 Invasive Species Council and the Task Force shall 

10 take into consideration— 

11 ‘‘(A) the likelihood of the spread of the ap12 plicable species by human or natural means; 

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

14 with the species planned for importation, in15 cluding pathogens, parasites, and free-living or16 ganisms; 

17 ‘‘(C) regional differences in the probability 

18 of invasion and associated impacts; 

19 ‘‘(D) the difficulty of controlling an estab20 lished population of an aquatic invasive species 

21 in the wild; 

22 ‘‘(E) the profile established under section 

23 1108(b); 

24 ‘‘(F) any applicable best available science; 


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1 ‘‘(G) the potential benefits associated with 

2 the species; and 

3 ‘‘(H) the requirements of international law. 

4 ‘‘(e) SCREENING.— 

5 ‘‘(1) EVALUATION.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of publication of the guide8 lines under subsection (d), each Federal agency 

9 with authority over an importation into the 

10 United States of an aquatic organism of a spe11 cies that is not in trade, as determined in ac12 cordance with the catalog under subsection (b), 

13 and that is proposed for importation into the 

14 United States, shall— 

15 ‘‘(i) promulgate regulations in accord16 ance with the guidelines under subsection 

17 (d); and 

18 ‘‘(ii) carry out screening in accordance 

19 with this subsection. 

20 ‘‘(B) REQUIREMENTS.—The head a Fed21 eral agency described in subparagraph (A) or 

22 the Director, as applicable, shall— 

23 ‘‘(i) prohibit the importation into the 

24 United States of any species described in 

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1 less the importation is for the sole purpose 

2 of research conducted in accordance with 

3 section 1202(f)(2); 

4 ‘‘(ii) restrict, as necessary, the impor5 tation of any species described in sub6 section (2)(B)(ii), unless the importation is 

7 for the sole purpose of research conducted 

8 in accordance with section 1202(f)(2); 

9 ‘‘(iii) make a determination under this 

10 subsection not later than 180 days after 

11 receiving a complete request for permission 

12 to import a aquatic organism; and 

13 ‘‘(iv) make the results of the screening 

14 process available to the public. 

15 ‘‘(2) CATEGORIES.—The screening process 

16 under this subsection shall require— 

17 ‘‘(A) to the maximum extent practicable, 

18 the identification, preferably to the species level 

19 but, at a minimum, to the genus level, of aquat20 ic organisms proposed for importation; and 

21 ‘‘(B) the designation of— 

22 ‘‘(i) species with a high or moderate 

23 probability of undesirable impacts to areas 

24 within the United States and contiguous 


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1 areas of neighboring countries to which the 

2 species is likely to be spread; 

3 ‘‘(ii) species with a low or no prob4 ability of undesirable impacts to areas 

5 within the United States and contiguous 

6 areas of neighboring counties to which the 

7 species is likely to be spread; and 

8 ‘‘(iii) species with respect to which 

9 there is insufficient information to deter10 mine the risk of such undesirable impacts. 

11 ‘‘(3) DELEGATION AND AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—If no Federal agency 

13 has the authority described in paragraph 

14 (1)(A), or if the head of such a Federal agency 

15 delegates the screening authority to the Direc16 tor under subparagraph (B), the Director shall 

17 screen the organism. 

18 ‘‘(B) DELEGATION TO DIRECTOR.—The 

19 head of a Federal agency with the authority de20 scribed in paragraph (1)(A) may delegate to the 

21 Director the authority to carry out the screen22 ing process under this subsection. 

23 ‘‘(C) UNITED STATES FISH AND WILDLIFE

24 SERVICE.— 


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1 ‘‘(i) IN GENERAL.—The Director may 

2 restrict or prohibit the importation of an 

3 aquatic organism of a species not in trade 

4 in accordance with the regulations promul5 gated under paragraph (1)(A)(i) if— 

6 ‘‘(I) no other Federal agency has 

7 authority to regulate the importation 

8 of the species; or 

9 ‘‘(II) the head of a Federal agen10 cy delegates authority to the Director 

11 under subparagraph (B). 

12 ‘‘(ii) SCREENING REQUIREMENTS.— 

13 The Director shall promulgate screening 

14 requirements in accordance with the guide15 lines under subsection (d) to evaluate any 

16 planned importation of an aquatic orga17 nism, including an importation carried out 

18 by a Federal agency, that is not otherwise 

19 subject to Federal authority to permit the 

20 importation. 

21 ‘‘(D) MULTIPLE JURISDICTION.— 

22 ‘‘(i) IN GENERAL.—If more than 1 

23 Federal agency has jurisdiction over the 

24 importation of an aquatic organism, the 

25 agencies shall conduct only 1 screening 


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1 process in accordance with a memorandum 

2 of understanding described in paragraph 

3 (4). 

4 ‘‘(ii) CULTURED AQUATIC ORGA5 NISMS.—The Secretary of Agriculture shall 

6 conduct screening of any aquatic organism 

7 imported to be cultured. 

8 ‘‘(E) AGENCY-INITIATED SCREENING.—At 

9 the discretion of the Federal agency with juris10 diction over the importation of a species not in 

11 trade, the Federal agency may initiate a screen12 ing process for a species for which no other per13 son has filed an application for importation. 

14 ‘‘(4) MEMORANDUM OF UNDERSTANDING.— 

15 ‘‘(A) IN GENERAL.—The Director shall 

16 enter into a memorandum of understanding 

17 with each Federal agency with the authority to 

18 conduct screening under this subsection. 

19 ‘‘(B) CONTENTS.—A memorandum of un20 derstanding under subparagraph (A) shall con21 tain, at a minimum— 

22 ‘‘(i) a description of the relationship 

23 between, and responsibilities of, each Fed24 eral agency, including a process desig25 nating a lead agency in cases in which 


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1 multiple agencies have jurisdiction over the 

2 screening of an aquatic species; 

3 ‘‘(ii) the process by which the Director 

4 will delegate screening duties to, and re5 ceive delegation from, other agencies of ju6 risdiction; and 

7 ‘‘(iii) the process by which the agency 

8 and the National Invasive Species Council 

9 will coordinate and share information re10 quired for the screening of a species. 

11 ‘‘(f) REVIEW AND REVISION.— 

12 ‘‘(1) IN GENERAL.—Not less frequently than 

13 once every 3 years, the National Invasive Species 

14 Council, in conjunction with the Task Force, shall 

15 review and revise, based on research on early detec16 tion and monitoring under section 1106 and other 

17 information, the guidelines, screening, and other ac18 tivities carried out under this section. 

19 ‘‘(2) REPORT.—Together with the report re20 quired under section 1201(f)(2)(B), the National 

21 Invasive Species Council shall submit to Congress— 

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

23 the screening process carried out under sub24 section (e); 


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

2 the screening process by Federal agencies; and 

3 ‘‘(C) recommendations for revisions of the 

4 screening process. 

5 ‘‘(g) PROHIBITIONS.— 

6 ‘‘(1) IN GENERAL.—Except as otherwise pro7 vided in this section, it shall be unlawful to import 

8 an aquatic organism of a species not in trade. 

9 ‘‘(2) PENALTIES.— 

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

11 violates subsection (c) shall be liable for a civil 

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

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

14 that knowingly violates subsection (c) is guilty 

15 of a class C felony. 

16 ‘‘(h) FEES.—The head of any agency that has juris17 diction over a planned importation of an aquatic species 

18 subject to screening under this section may increase the 

19 amount of any appropriate fee that is charged under an 

20 applicable law (including regulations) to offset the cost of 

21 screening carried out under this section. 

22 ‘‘(i) EFFECT ON OTHER LAWS.— 

23 ‘‘(1) IN GENERAL.—Nothing in this section re24 peals, supersedes, or modifies any provision of FedVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 eral or State law relating to the screening process 

2 for aquatic species importation. 

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

4 District of Columbia, or a territory of the Untied 

5 States may adopt an aquatic plant or animal impor6 tation law, regulation, or policy that requires a more 

7 protective screening process for aquatic species im8 portation than the regulations and policies of this 

9 section.’’. 

10 PART II—EARLY DETECTION; RAPID RESPONSE; 

11 CONTROL AND OUTREACH 

12 SEC. 121. EARLY DETECTION. 

13 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

15 seq.) (as amended by section 112) is amended by adding 

16 at the end the following: 

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

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

19 the date of enactment of the National Aquatic Invasive 

20 Species Act of 2009, in conjunction with the Council, the 

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

22 detection surveys developed under this title), promulgate 

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

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1 idly detect recently established aquatic invasive species in 

2 waters of the United States. 

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

4 shall, at a minimum— 

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

6 of the United States (including inland and coastal 

7 waters); 

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

9 participation in monitoring; 

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

11 timeliness, and breadth of sampling activity; 

12 ‘‘(4) considers the pathways and organisms 

13 identified under section 1210; 

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

15 of permitted importations screened by the processes 

16 established under section 1105; and 

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

18 appropriate Federal, State, and regional rapid re19 sponse authorities. 

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

21 the date of enactment of the National Aquatic Invasive 

22 Species Act of 2009, the Director of the United States 

23 Geological Survey, the Administrator of the National Oce24 anic and Atmospheric Administration, and the Adminis25 trator (in consultation with the National Invasive Species 


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1 Council and in coordination with other agencies and orga2 nizations) shall implement a national system of ecological 

3 surveys that is— 

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

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

6 entities (such as colleges and universities); and 

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

8 published under subsection (a) and any public com9 ment.’’. 

10 SEC. 122. RAPID RESPONSE. 

11 Subtitle C of title I of the Nonindigenous Aquatic 

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

13 4721 et seq.) (as amended by section 111) is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 1211. RAPID RESPONSE. 

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

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

18 the Treasury of the United States a revolving fund 

19 to assist States in implementing rapid response 

20 measures for aquatic invasive species, to be known 

21 as the ‘Emergency Rapid Response Fund’ (referred 

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

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

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


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

2 amounts in the Fund under paragraph (3). 

3 ‘‘(2) EXPENDITURES FROM FUND.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (C), on request by the Secretary of the 

6 Interior, the Secretary of the Treasury shall 

7 transfer from the Fund to the Secretary of the 

8 Interior such amounts as the Secretary of the 

9 Interior determines are necessary to provide fi10 nancial assistance to a State or the Federal 

11 rapid response team under subparagraph (B) to 

12 assist in implementing rapid response measures 

13 for aquatic invasive species. 

14 ‘‘(B) STATE ASSISTANCE.— 

15 ‘‘(i) IN GENERAL.—A State may sub16 mit to the Secretary of the Interior an ap17 plication for emergency response assistance 

18 from the Fund. 

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

20 the Interior approves an application sub21 mitted under clause (i), the Secretary shall 

22 use amounts provided to the Secretary 

23 under subparagraph (A)— 

24 ‘‘(I) in a case in which a State 

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1 gency strategy that is approved under 

2 subsection (b), to provide emergency 

3 response assistance to the State; and 

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

5 does not have a rapid response contin6 gency strategy approved under sub7 section (b) in effect, to provide emer8 gency response assistance to the Fed9 eral rapid response team established 

10 under subsection (f). 

11 ‘‘(iii) ADDITIONAL FUNDS.—If addi12 tional amounts are needed for the conduct 

13 of emergency response activities in the 

14 State, the Secretary of the Interior may 

15 provide additional assistance to the State 

16 or Federal rapid response team under this 

17 paragraph. 

18 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

19 amount not to exceed 10 percent of the 

20 amounts in the Fund shall be available for each 

21 fiscal year to pay the administrative expenses 

22 necessary to carry out this Act. 

23 ‘‘(3) INVESTMENT OF AMOUNTS.— 

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

25 Treasury shall invest such portion of the Fund 


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

2 the Treasury, required to meet current with3 drawals. 

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

5 Investments may be made only in interest-bear6 ing obligations of the United States. 

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

8 the purpose of investments under subparagraph 

9 (A), obligations may be acquired— 

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

11 price; or 

12 ‘‘(ii) by purchase of outstanding obli13 gations at the market price. 

14 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga15 tion acquired by the Fund may be sold by the 

16 Secretary of the Treasury at the market price. 

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

18 and the proceeds from the sale or redemption 

19 of, any obligations held in the Fund shall be 

20 credited to and form a part of the Fund. 

21 ‘‘(4) TRANSFERS OF AMOUNTS.— 

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

23 to be transferred to the Fund under this section 

24 shall be transferred at least monthly from the 

25 general fund of the Treasury to the Fund on 


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1 the basis of estimates made by the Secretary of 

2 the Treasury. 

3 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

4 shall be made in amounts subsequently trans5 ferred to the extent prior estimates were in ex6 cess of or less than the amounts required to be 

7 transferred. 

8 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT9 EGIES.—The Task Force, in consultation with the Na10 tional Invasive Species Council, shall approve a rapid re11 sponse contingency strategy of a State if the strategy— 

12 ‘‘(1) identifies all key governmental and non13 governmental partners to be involved in carrying out 

14 the strategy; 

15 ‘‘(2) clearly designates the authorities and re16 sponsibilities of each partner, including the authority 

17 of any State or government of an Indian tribe to dis18 tribute emergency funds; 

19 ‘‘(3) specifies criteria for rapid response meas20 ures, including a diagnostic system that— 

21 ‘‘(A) distinguishes cases in which rapid re22 sponse has a likelihood of success and cases in 

23 which rapid response has no likelihood of suc24 cess; 


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1 ‘‘(B) distinguishes rapid response meas2 ures from ongoing management and control of 

3 established populations of aquatic invasive spe4 cies; and 

5 ‘‘(C) distinguishes instances in which the 

6 rate and probability of organism dispersal is 

7 significantly altered by vessel movements; 

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

9 supports or complements the early detection and 

10 monitoring system developed under section 1108; 

11 ‘‘(5) provides for a monitoring capability to as12 sess— 

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

14 ‘‘(B) the effectiveness of rapid response ef15 forts; 

16 ‘‘(6) to the maximum extent practicable, is inte17 grated into the State aquatic invasive species man18 agement plan approved under section 1204; 

19 ‘‘(7) to the maximum extent practicable, in20 cludes rapid response tools that meet environmental 

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

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

23 component directed at— 

24 ‘‘(A) potential pathways for spread of 

25 aquatic invasive species; and 


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1 ‘‘(B) persons involved in industries and 

2 recreational activities associated with those 

3 pathways; and 

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

5 vessels, conforms with guidelines issued by the Sec6 retary under subsection (d)(2). 

7 ‘‘(c) REGIONAL RAPID RESPONSE CONTINGENCY

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

9 the National Invasive Species Council and in consultation 

10 with the regional panels of the Task Force established 

11 under section 1203, shall encourage the development of 

12 regional rapid response contingency strategies that— 

13 ‘‘(1) provide a consistent and coordinated ap14 proach to rapid response; and 

15 ‘‘(2) are approved by— 

16 ‘‘(A) the Secretary; and 

17 ‘‘(B) the Governors and Indian tribes hav18 ing jurisdiction over areas within a region. 

19 ‘‘(d) MODEL RAPID RESPONSE CONTINGENCY

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

21 of enactment of the National Aquatic Invasive Species Act 

22 of 2009— 

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

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1 gional panels of the Task Force established under 

2 section 1203, shall develop— 

3 ‘‘(A) a model State rapid response contin4 gency strategy (including rapid assessment ca5 pability) for aquatic invasive species that meets, 

6 to the maximum extent practicable, the require7 ments of paragraphs (1) through (9) of sub8 section (b); and 

9 ‘‘(B) a model regional rapid response con10 tingency strategy (including rapid assessment 

11 capability) for aquatic invasive species; and 

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

13 Task Force and the regional panels of the Task 

14 Force, shall issue guidelines that describe vessel-re15 lated requirements that may be used in a rapid re16 sponse contingency strategy approved under this sec17 tion. 

18 ‘‘(e) COST SHARING.— 

19 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

20 STRATEGIES.—The Federal share of the cost of ac21 tivities carried out under a State rapid response con22 tingency strategy approved under subsection (b) 

23 shall be not less than 50 percent. 

24 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

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1 tivities carried out under a regional rapid response 

2 contingency strategy approved under subsection (c) 

3 shall be not less than 75 percent. 

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

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

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

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

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

9 than 1 year after the date of enactment of the Na10 tional Aquatic Invasive Species Act of 2009, the Na11 tional Invasive Species Council, in coordination with 

12 the Task Force and the heads of appropriate Fed13 eral agencies, shall establish a Federal rapid re14 sponse team for each of the 10 Federal regions that 

15 comprise the Standard Federal Regional Boundary 

16 System. 

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

18 response team shall, at a minimum— 

19 ‘‘(A) implement rapid eradication or con20 trol responses for newly detected aquatic 

21 invasive species on Federal and tribal land; 

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

23 rapid responses for newly detected aquatic 

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1 quest of a State, Indian tribe, or group of 

2 States or Indian tribes; 

3 ‘‘(C) provide training and expertise for 

4 State, tribal, or regional rapid responders; 

5 ‘‘(D) provide central sources of informa6 tion for rapid responders; 

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

8 rapid response volunteers; and 

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

10 activity with respect to an aquatic noxious weed 

11 listed under section 412(f) of the Plant Protec12 tion Act (7 U.S.C. 7712(f)), include representa13 tives of the Animal and Plant Health Inspection 

14 Service. 

15 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

16 RAPID RESPONSE WARRANTING FEDERAL ASSIST17 ANCE.—Not later than 1 year after the date of en18 actment of the National Aquatic Invasive Species 

19 Act of 2009, the Task Force, with the concurrence 

20 of the National Invasive Species Council, shall de21 velop criteria to identify cases warranting Federal 

22 assistance for rapid assessment and response under 

23 this subsection, including indicative criteria relating 

24 to, at a minimum— 


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

2 aquatic invasive species may be managed suc3 cessfully by rapid response; 

4 ‘‘(B) the extent to which rapid response ef5 forts may differ from ongoing management and 

6 control; and 

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

8 nonindigenous aquatic invasive species are con9 sidered to be an acute or chronic threat to— 

10 ‘‘(i) biodiversity of native aquatic or11 ganisms; 

12 ‘‘(ii) habitats of native fish and wild13 life; or 

14 ‘‘(iii) human health. 

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

16 than 1 year after the date of enactment of the Na17 tional Aquatic Invasive Species Act of 2009, the Ad18 ministrator, in consultation with the National 

19 Invasive Species Council, the Secretary of Transpor20 tation, the Task Force (including regional panels of 

21 the Task Force established under section 1203), the 

22 Director, and the Director of the National Marine 

23 Fisheries Service, shall develop environmental cri24 teria to minimize nontarget environmental impacts 


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1 of rapid responses carried out pursuant to this sec2 tion.’’. 

3 SEC. 123. DISPERSAL BARRIERS. 

4 (a) IN GENERAL.—Section 1202 of the Nonindige5 nous Aquatic Nuisance Prevention and Control Act of 

6 1990 (16 U.S.C. 4722) is amended— 

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

8 subsections (m) and (n), respectively; and 

9 (2) by inserting after subsection (i) the fol10 lowing: 

11 ‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.— 

12 ‘‘(1) MONITORING PROGRAM.— 

13 ‘‘(A) ESTABLISHMENT.—Not later than 1 

14 year after the date of enactment of the Na15 tional Aquatic Invasive Species Act of 2009, the 

16 Secretary of the Interior shall establish an 

17 interbasin and intrabasin monitoring program. 

18 ‘‘(B) REQUIRED ELEMENTS.—The moni19 toring program shall— 

20 ‘‘(i) track aquatic invasive species 

21 moving through— 

22 ‘‘(I) the Chicago River Ship and 

23 Sanitary Canal; 

24 ‘‘(II) the Lake Champlain Canal; 


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1 ‘‘(III) other interbasin water2 ways; and 

3 ‘‘(IV) major river systems (such 

4 as the Mississippi River), as rec5 ommended by regional panels con6 vened under section 1203, in which 

7 interbasin transfers of aquatic 

8 invasive species have been shown to 

9 pose a significant threat to fish and 

10 wildlife resources; 

11 ‘‘(ii) assess the efficacy of dispersal 

12 barriers and other measures in preventing 

13 the spread of aquatic invasive species 

14 through the waterways; and 

15 ‘‘(iii) identify waterways suitable for 

16 dispersal barrier demonstration projects, in 

17 addition to the waterways at which dis18 persal barrier demonstration projects were 

19 carried out before the date of enactment of 

20 the National Aquatic Invasive Species Act 

21 of 2009. 

22 ‘‘(C) REPORTS.—The Secretary of the In23 terior shall issue biennial reports describing the 

24 findings of the monitoring program. 


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1 ‘‘(2) PREVENTION AND MITIGATION PLANS FOR

2 CORPS PROJECTS.—In developing projects involving 

3 interbasin waterways or other hydrologic alterations 

4 that could create pathways for aquatic invasive spe5 cies, the Assistant Secretary shall develop adequate 

6 prevention and mitigation plans for controlling the 

7 dispersal of the aquatic invasive species. 

8 ‘‘(3) TECHNICAL ASSISTANCE.—The Adminis9 trator of the National Oceanic and Atmospheric Ad10 ministration, acting through the Great Lakes Envi11 ronmental Research Laboratory, shall provide tech12 nical assistance to appropriate entities to assist in 

13 the research conducted under this subsection. 

14 ‘‘(4) ADDITIONAL WATERWAYS.—The Assistant 

15 Secretary, with the concurrence of the Adminis16 trator, and other relevant Federal agencies, shall— 

17 ‘‘(A) identify additional waterways suitable 

18 for the construction of new dispersal barriers 

19 (based on the monitoring program established 

20 under paragraph (1)); and 

21 ‘‘(B) construct, maintain, and operate such 

22 dispersal barriers as necessary. 

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

24 the date of enactment of the National Aquatic 

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1 retary and the Director shall jointly submit to Con2 gress a report that describes— 

3 ‘‘(A) the efficacy of the Chicago River Ship 

4 and Sanitary Canal dispersal barrier project; 

5 and 

6 ‘‘(B) a plan to provide for additional dis7 persal barrier demonstration projects and re8 lated research projects.’’. 

9 (b) CONFORMING AMENDMENT.—Section 345 of the 

10 District of Columbia Appropriations Act, 2005 (Public 

11 Law 108–335; 118 Stat. 1352), is amended to read as 

12 follows: 

13 ‘‘SEC. 345. There are authorized to be appropriated 

14 such sums as are necessary to carry out the Barrier II 

15 project of the project for the Chicago Sanitary and Ship 

16 Canal Dispersal Barrier, Illinois, initiated pursuant to sec17 tion 1135 of the Water Resources Development Act of 

18 1986 (33 U.S.C. 2309a).’’. 

19 SEC. 124. ENVIRONMENTAL SOUNDNESS. 

20 Section 1202 of the Nonindigenous Aquatic Nuisance 

21 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

22 amended by section 123) is amended by inserting after 

23 subsection (j) the following: 

24 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

25 AQUATIC INVASIVE SPECIES.— 


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1 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

2 SOUNDNESS OF TREATMENT METHODS.— 

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

4 after the date of enactment of the National 

5 Aquatic Invasive Species Act of 2009, the Ad6 ministrator, in consultation with the Secretary, 

7 the National Invasive Species Council, and the 

8 Task Force (including any regional panels of 

9 the Task Force) shall promulgate criteria to 

10 evaluate the treatment methods described in 

11 subparagraph (B) for the purpose of ensuring 

12 that the treatment methods pose no significant 

13 threat of adverse effect on human health, public 

14 safety, or the environment (including air quality 

15 and the aquatic environment) that is acute, 

16 chronic, cumulative, or collective. 

17 ‘‘(B) TREATMENT METHODS.—The treat18 ment methods referred to in subparagraph (A) 

19 are all mechanical, physical, chemical, biologi20 cal, and other treatment methods used in bodies 

21 of water of the United States (regardless of 

22 whether the bodies of water are navigable and 

23 regardless of the origin of the waters), to pre24 vent, treat, or respond to the introduction of 

25 aquatic invasive species. 


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

2 subparagraph (A), the Administrator shall con3 sult with— 

4 ‘‘(i) the Secretary of Transportation; 

5 ‘‘(ii) the Task Force (including the re6 gional panels of the Task Force established 

7 under section 1203); 

8 ‘‘(iii) the Director; 

9 ‘‘(iv) the Assistant Secretary; 

10 ‘‘(v) the Director of the National Ma11 rine Fisheries Service; and 

12 ‘‘(vi) relevant State agencies. 

13 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI14 RONMENTALLY SOUND TREATMENT METHODS.—The 

15 Administrator, in consultation with the National 

16 Invasive Species Council, shall publish (not later 

17 than 1 year after the date of enactment of the Na18 tional Aquatic Invasive Species Act of 2009) and up19 date annually— 

20 ‘‘(A) a list of environmentally sound treat21 ment methods that may apply to a potential 

22 aquatic invasive species response effort; 

23 ‘‘(B) accompanying research that supports 

24 the environmental soundness of each approved 

25 treatment method; and 


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1 ‘‘(C) explicit guidelines under which each 

2 treatment method can be used in an environ3 mentally sound manner. 

4 ‘‘(3) REPORTS.—The National Invasive Species 

5 Council and Task Force shall include the informa6 tion described in paragraph (2) in the reports sub7 mitted under section 1201(f)(2)(B).’’. 

8 SEC. 125. INFORMATION, EDUCATION, AND OUTREACH. 

9 Section 1202(h) of the Nonindigenous Aquatic Nui10 sance Prevention and Control Act of 1990 (16 U.S.C. 

11 4722(h)) is amended— 

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

13 Force’’ and inserting the following: 

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

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

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

17 ‘‘(2) ACTIVITIES.— 

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

19 out under paragraph (1) shall include the ac20 tivities described in this paragraph. 

21 ‘‘(B) PUBLIC OUTREACH.— 

22 ‘‘(i) PUBLIC WARNINGS.—Not later 

23 than 180 days after the date of enactment 

24 of the National Aquatic Invasive Species 

25 Act of 2009, each Federal officer of an 


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1 agency that provides Federal funds to 

2 States for building or maintaining public 

3 access points to United States water bodies 

4 shall amend the guidelines of the agency, 

5 in consultation with relevant State agen6 cies, to encourage the posting of regionally 

7 specific public warnings or other suitable 

8 informational and educational materials at 

9 the access points regarding— 

10 ‘‘(I) the danger of spread of 

11 aquatic invasive species through the 

12 transport of recreational watercraft; 

13 and 

14 ‘‘(II) methods for removing orga15 nisms prior to transporting a 

16 watercraft. 

17 ‘‘(ii) CLEANING OF WATERCRAFT AT

18 MARINAS.—Not later than 1 year after the 

19 date of enactment of the National Aquatic 

20 Invasive Species Act of 2009, the Under 

21 Secretary and the Director (in cooperation 

22 with the Task Force and in consultation 

23 with the States, relevant industry groups, 

24 and Indian tribes) shall develop an edu25 cation, outreach, and training program diVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 rected toward marinas and marina opera2 tors regarding— 

3 ‘‘(I) checking watercraft for live 

4 organisms; 

5 ‘‘(II) removing live organisms 

6 from the watercraft before the 

7 watercraft are commercially or 

8 recreationally trailered; 

9 ‘‘(III) encouraging regular hull 

10 cleaning and maintenance, avoiding 

11 in-water hull cleaning; and 

12 ‘‘(IV) other activities, as identi13 fied by the Secretary. 

14 ‘‘(iii) PROPER DISPOSAL OF NON15 INDIGENOUS LIVE AQUATIC ORGANISMS IN

16 TRADE.—The Task Force shall— 

17 ‘‘(I) not later than 1 year after 

18 the date of enactment of the National 

19 Aquatic Invasive Species Act of 2009, 

20 develop (in consultation with industry 

21 and other affected parties) guidelines 

22 for proper disposal of live nonindige23 nous aquatic organisms in trade; and 


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1 ‘‘(II) use the guidelines in appro2 priate public information and out3 reach efforts. 

4 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

5 ‘‘(i) IN GENERAL.—Not later than 1 

6 year after the date of enactment of the 

7 National Aquatic Invasive Species Act of 

8 2009, the Task Force shall expand the in9 formation and education program directed 

10 at recreational boaters in States from 

11 which watercraft are transported westward 

12 across the 100th meridian. 

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

14 program, the task force shall— 

15 ‘‘(I) survey owners of watercraft 

16 transported westward across the 

17 100th meridian to determine the 

18 States of origin of most such owners; 

19 ‘‘(II) provide information directly 

20 to watercraft owners concerning the 

21 importance of cleaning watercraft car22 rying live organisms before trans23 porting the watercraft; and 

24 ‘‘(III) support education and in25 formation programs of the States of 


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1 origin to ensure that the State pro2 grams address westward spread. 

3 ‘‘(D) INFORMATION AND EDUCATION PRO4 GRAM BY NATIONAL PARK SERVICE.—The Sec5 retary of the Interior, acting through the Direc6 tor of the National Park Service, shall develop 

7 a program to provide public outreach and other 

8 educational activities to prevent the spread of 

9 aquatic invasive species by recreational 

10 watercraft in parkland or through events spon11 sored by the National Park Service. 

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

13 Force, in conjunction with the National Invasive 

14 Species Council, shall carry out activities to inform 

15 and promote voluntary cooperation and regulatory 

16 compliance by members of the national and inter17 national maritime, horticultural, aquarium, aqua18 culture, pet trade, and other appropriate industries 

19 with screening, monitoring, and control of the trans20 portation of aquatic invasive species. 

21 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA22 TION.—The Task Force, the National Invasive Spe23 cies Council, and other relevant agencies, shall main24 tain information on the Internet regarding— 


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

2 and private interests to use in assisting with 

3 national early detection and monitoring of 

4 aquatic invasive species in waters of the United 

5 States; 

6 ‘‘(B) contact locations for joining a na7 tional network of monitoring stations; 

8 ‘‘(C) approved State Management Plans 

9 under section 1204(a) and Rapid Response 

10 Contingency Strategies under subsections (b) 

11 and (c) of section 1211; and 

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

13 section 1201(a)(4).’’. 

14 PART III—AQUATIC INVASIVE SPECIES 

15 RESEARCH 

16 SEC. 131. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RE17 SEARCH. 

18 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

19 Aquatic Nuisance Prevention and Control Act of 1990 (16 

20 U.S.C. 4711 et seq.) (as amended by section 121) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL 

23 RESEARCH. 

24 ‘‘(a) DEFINITION OF ADMINISTERING AGENCIES.— 


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1 ‘‘(1) IN GENERAL.—In this section and section 

2 1108, the term ‘administering agencies’ means— 

3 ‘‘(A) the Smithsonian Environmental Re4 search Center; 

5 ‘‘(B) the United States Geological Survey; 

6 and 

7 ‘‘(C) the National Oceanic and Atmos8 pheric Administration (including the Great 

9 Lakes Environmental Research Laboratory). 

10 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

11 administering agencies shall enter into an agreement 

12 regarding implementation of this subtitle. 

13 ‘‘(3) CONSULTATION.—In carrying out this sec14 tion, the administering agencies shall consult with— 

15 ‘‘(A) the Task Force; 

16 ‘‘(B) the Environmental Protection Agen17 cy; 

18 ‘‘(C) the United States Fish and Wildlife 

19 Service; and 

20 ‘‘(D) other appropriate Federal and State 

21 agencies. 

22 ‘‘(4) COOPERATION.—In carrying out this sec23 tion, the administering agencies shall contract, as 

24 appropriate, or otherwise cooperate with academic 

25 researchers. 


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1 ‘‘(b) PROGRAM.—The administering agencies shall 

2 develop (not later than 18 months after the date of enact3 ment of the National Aquatic Invasive Species Act of 

4 2009) and conduct a marine and freshwater research pro5 gram (including ecological and pathway surveys and ex6 perimentation) to assess rates of, patterns of, and condi7 tions surrounding introductions of nonindigenous aquatic 

8 species in aquatic ecosystems. 

9 ‘‘(c) PURPOSE.—The purpose of the program is to 

10 support efforts to prevent the introduction of, and detect 

11 and eradicate, invasive species by— 

12 ‘‘(1) providing information for— 

13 ‘‘(A) early detection and rapid response ef14 forts; and 

15 ‘‘(B) relevant policy questions; and 

16 ‘‘(2) assessing the effectiveness of implemented 

17 policies (including any standard) to prevent the in18 troduction and spread of aquatic invasive species. 

19 ‘‘(d) PROTOCOL DEVELOPMENT.—The administering 

20 agencies shall— 

21 ‘‘(1) establish standardized protocols for con22 ducting surveys that are integrated and produce 

23 comparable data, and, as practicable, build on exist24 ing protocols and data collection methods (including 

25 surveys required under subsection (b)), including— 


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1 ‘‘(A) protocols to support early detection 

2 surveys of nonindigenous aquatic species con3 ducted by Federal, State, or local agencies in4 volved in the management of invasive species, 

5 including surveys carried out pursuant to sec6 tion 1106; 

7 ‘‘(B) protocols to support comprehensive 

8 ecological surveys conducted under this section 

9 for purposes of research and analysis of rates 

10 and patterns of invasions; and 

11 ‘‘(C) protocols to support pathway surveys; 

12 ‘‘(2) recommend a standardized approach for 

13 classifying species; 

14 ‘‘(3) when proposing protocols, consider rec15 ommendations made at the workshop conducted 

16 under subsection (h); 

17 ‘‘(4) subject the protocols to peer review; 

18 ‘‘(5) complete the protocols not later than 1 

19 year after the date of enactment of the National 

20 Aquatic Invasive Species Act of 2009; 

21 ‘‘(6) revise protocols as necessary; and 

22 ‘‘(7) disseminate the protocols to the Task 

23 Force and other Federal, State, and local stake24 holders. 


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1 ‘‘(e) ECOLOGICAL AND PATHWAY SURVEY REQUIRE2 MENTS.— 

3 ‘‘(1) IN GENERAL.—Each comprehensive eco4 logical survey conducted under this section shall, at 

5 a minimum— 

6 ‘‘(A) document baseline ecological informa7 tion of the aquatic ecosystem, including— 

8 ‘‘(i) to the maximum extent prac9 ticable, a comprehensive inventory of na10 tive species, nonindigenous species, and 

11 species of unknown origin, present in the 

12 ecosystem; and 

13 ‘‘(ii) the chemical and physical charac14 teristics of water and underlying substrate 

15 in the ecosystem; 

16 ‘‘(B) in the case of nonindigenous species, 

17 gather information to assist in identifying— 

18 ‘‘(i) the life history of the species; 

19 ‘‘(ii) the environmental requirements 

20 and tolerances of the species; 

21 ‘‘(iii) the native ecosystems of the spe22 cies; and 

23 ‘‘(iv) the history of the species spread 

24 from the native ecosystems of the species; 


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1 ‘‘(C) track the establishment of nonindige2 nous species, including information about the 

3 estimated population of nonindigenous orga4 nisms to allow an analysis of the probable date 

5 of introduction of the species; and 

6 ‘‘(D) identify the likely pathway of entry of 

7 nonindigenous species. 

8 ‘‘(2) MINIMUM REQUIREMENTS.—Each pathway 

9 survey conducted under this section shall, at a min10 imum— 

11 ‘‘(A) identify which nonindigenous aquatic 

12 species are being introduced, or have the poten13 tial to be introduced, through the pathways 

14 under consideration; 

15 ‘‘(B) determine the rate of organism intro16 duction through the pathways under consider17 ation; and 

18 ‘‘(C) determine the practices that contrib19 uted to or could contribute to the introduction 

20 of nonindigenous aquatic species through the 

21 pathways under consideration. 

22 ‘‘(f) NUMBER AND LOCATION OF SURVEY SITES.— 

23 ‘‘(1) REQUIRED SITES.—The administering 

24 agencies shall designate the number and location of 


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1 survey sites necessary to carry out marine and fresh2 water research required under this section. 

3 ‘‘(2) EMPHASIS.—In carrying out paragraph 

4 (1) and subsection (g), the administering agencies 

5 shall give particular consideration to— 

6 ‘‘(A) the geographic diversity of sites; and 

7 ‘‘(B) the diversity of human uses and bio8 logical characteristics of sites. 

9 ‘‘(g) COMPETITIVE GRANT PROGRAM.— 

10 ‘‘(1) IN GENERAL.—In order to assist in car11 rying out subsections (b) and (i), the administering 

12 agencies (acting through the National Oceanic and 

13 Atmospheric Administration) shall administer a pro14 gram to award grants to academic institutions, State 

15 agencies, and other appropriate groups. 

16 ‘‘(2) ADMINISTRATION.—The program required 

17 under this section shall be competitive, peer-re18 viewed, and merit-based. 

19 ‘‘(h) WORKSHOP.—Not later than 120 days after the 

20 date of enactment of the National Aquatic Invasive Spe21 cies Act of 2009, to assist in the development of the proto22 cols and design for the surveys under this section, the ad23 ministering agencies shall— 

24 ‘‘(1) convene a workshop among researchers 

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1 tutions to obtain recommendations for the develop2 ment of the protocols and surveys; and 

3 ‘‘(2) make the results of the workshop widely 

4 available to the public. 

5 ‘‘(i) EXPERIMENTATION.—The administering agen6 cies shall conduct (at existing field stations and such other 

7 sites as may be appropriate) coordinated experiments on 

8 a range of taxonomic groups to identify— 

9 ‘‘(1) the relationship between the introduction 

10 and establishment of nonindigenous aquatic species; 

11 and 

12 ‘‘(2) the circumstances necessary for the species 

13 to survive and thrive. 

14 ‘‘(j) NATIONAL PATHWAYS AND ECOLOGICAL SUR15 VEYS DATABASE.— 

16 ‘‘(1) IN GENERAL.—The United States Geologi17 cal Survey shall develop, maintain, and update, in 

18 consultation and cooperation with the Smithsonian 

19 Environmental Research Center and the National 

20 Oceanic and Atmospheric Administration, a central 

21 national database of information concerning infor22 mation collected under section 1107(b). 

23 ‘‘(2) REQUIREMENT.—The United States Geo24 logical Survey shall— 


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1 ‘‘(A) make the database widely available to 

2 the public; 

3 ‘‘(B) update the database not less often 

4 than once every 90 days; 

5 ‘‘(C) coordinate the database with existing 

6 databases collecting similar information; and 

7 ‘‘(D) to the maximum extent practicable, 

8 format the databases in a manner such that the 

9 data is useful for researchers and Federal and 

10 State employees managing relevant invasive 

11 species programs.’’. 

12 (b) VESSEL PATHWAY SURVEYS.—Section 

13 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Pre14 vention and Control Act of 1990 (16 U.S.C. 

15 4712(b)(2)(B)) is amended by striking clause (ii) and in16 serting the following: 

17 ‘‘(ii) examine other potential modes 

18 for the introduction of nonindigenous 

19 aquatic species by vessel, including hull 

20 fouling.’’. 

21 SEC. 132. ANALYSIS. 

22 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

23 Aquatic Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4711 et seq.) (as amended by section 131(a)) is 

25 amended by adding at the end the following: 


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1 ‘‘SEC. 1108. ANALYSIS. 

2 ‘‘(a) INVASION ANALYSIS.— 

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

4 after the date of enactment of the National Aquatic 

5 Invasive Species Act of 2009, and annually there6 after, the administering agencies shall analyze data 

7 collected under section 1107 and other relevant re8 search, for the purpose of preventing the introduc9 tion of, detecting, and eradicating invasive species 

10 by— 

11 ‘‘(A) providing information for early detec12 tion and rapid response efforts; 

13 ‘‘(B) providing information for relevant 

14 policy questions; and 

15 ‘‘(C) assessing the effectiveness of imple16 mented policies to prevent the introduction and 

17 spread of invasive species. 

18 ‘‘(2) CONTENTS.—The analysis required under 

19 paragraph (1) shall include, with respect to aquatic 

20 invasive species— 

21 ‘‘(A) an analysis of pathways to— 

22 ‘‘(i) identify, and characterize as 

23 high-, medium-, or low-risk, regional and 

24 national pathways for the introduction of 

25 nonindigenous aquatic species into aquatic 

26 ecosystems; 


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1 ‘‘(ii) identify new and expanding path2 ways through which nonindigenous aquatic 

3 species may be introduced into aquatic eco4 systems; 

5 ‘‘(iii) identify handling practices that 

6 contribute to the introduction of species in 

7 pathways; and 

8 ‘‘(iv) assess the risk that species cur9 rently used in commerce pose for introduc10 tion into aquatic ecosystems; 

11 ‘‘(B) include patterns and rates of invasion 

12 and susceptibility to invasion of various types of 

13 bodies of water; 

14 ‘‘(C) consider the ways in which the risk of 

15 establishment of an aquatic invasive species 

16 through a pathway is related to the identity and 

17 number of organisms transported; 

18 ‘‘(D) consider rates of spread and numbers 

19 and types of pathways of spread of new popu20 lations of the aquatic invasive species and esti21 mate the potential for the spread and distribu22 tion of newly introduced invasive species based 

23 on the environmental requirements and histor24 ical distribution of the species; 


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1 ‘‘(E) document factors that influence the 

2 vulnerability of an ecosystem to invasion by a 

3 nonindigenous aquatic species; 

4 ‘‘(F) include a description of the potential 

5 for, and impacts of, pathway management pro6 grams on invasion rates; 

7 ‘‘(G) provide recommendations for im8 provements on the effectiveness of pathway 

9 management; 

10 ‘‘(H) to the extent practicable, determine 

11 the level of reduction in live organisms of var12 ious taxonomic groups required to reduce to an 

13 acceptable level the risk of establishment to re14 ceiving aquatic ecosystems; and 

15 ‘‘(I) evaluate the effectiveness of manage16 ment actions (including any standard) at reduc17 ing species introductions and establishment. 

18 ‘‘(3) REPORT.—The administering agencies 

19 shall submit to the Task Force a report on analyses 

20 conducted under this section. 

21 ‘‘(b) RESEARCH TO ASSESS THE POTENTIAL OF THE

22 ESTABLISHMENT OF INTRODUCED SPECIES.— 

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

24 after the date of enactment of the National Aquatic 

25 Invasive Species Act of 2009, the administering 


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1 agencies shall develop, conduct peer review of, and 

2 submit to the Task Force a profile of the general 

3 characteristics of invasive species, in order to— 

4 ‘‘(A) predict, to the extent practicable, 

5 whether a species planned for importation is 

6 likely to invade a particular aquatic ecosystem 

7 if introduced; and 

8 ‘‘(B) support the development of the 

9 screening process authorized under section 

10 1105. 

11 ‘‘(2) RESEARCH.—In developing the profile, the 

12 administering agencies shall analyze the research 

13 conducted under section 1107 and other research as 

14 necessary to determine— 

15 ‘‘(A) characteristics of general species and 

16 ecosystems (taking into account the opportunity 

17 for introduction into any ecosystem); and 

18 ‘‘(B) circumstances that may lead to estab19 lishment of a nonindigenous aquatic organism. 

20 ‘‘(3) RECOMMENDATIONS.—Based on the pro21 file, the administering agencies shall develop and 

22 submit to the Task Force, for inclusion in the report 

23 to Congress developed under section 1201(f)(2)(B), 

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1 tion of nonindigenous aquatic organisms warrant re2 striction under section 1105. 

3 ‘‘SEC. 1109. DISSEMINATION. 

4 ‘‘(a) IN GENERAL.—The National Invasive Species 

5 Council, in coordination with the Task Force, and the ad6 ministering agencies shall disseminate the information col7 lected under this Act to Federal, State, and local entities 

8 (including relevant policymakers and private researchers 

9 with responsibility over or interest in aquatic invasive spe10 cies). 

11 ‘‘(b) REPORTS.—The National Invasive Species 

12 Council shall— 

13 ‘‘(1) not later than 3 years after the date of en14 actment of the National Aquatic Invasive Species 

15 Act of 2009, submit to Congress a report that de16 scribes the actions and findings carried out under 

17 this Act; and 

18 ‘‘(2) at least once every 3 years thereafter or 

19 more often as necessary, update the report. 

20 ‘‘(c) RESPONSE STRATEGY.—To enable Federal, 

21 State, and local entities having responsibility for respond22 ing to the introduction of potentially harmful nonindige23 nous aquatic species to better and more rapidly respond 

24 to those introductions, the National Invasive Species 

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1 istering agencies, and other appropriate Federal and State 

2 agencies, shall implement a national strategy for the shar3 ing of information collected under this Act with those enti4 ties. 

5 ‘‘(d) PATHWAY PRACTICES.—The National Invasive 

6 Species Council, in coordination with the Task Force, and 

7 the administering agencies shall disseminate information 

8 to, and develop an ongoing educational program for, path9 way users (including vendors and customers) to inform 

10 those users about means by which users can prevent the 

11 intentional or unintentional introduction of nonindigenous 

12 aquatic species into aquatic ecosystems. 

13 ‘‘SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION 

14 AND VERIFICATION. 

15 ‘‘(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE16 VELOPMENT, DEMONSTRATION AND VERIFICATION.— 

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

18 the date of enactment of the National Aquatic 

19 Invasive Species Act of 2009, the Administrator, in 

20 consultation with the Army Corps of Engineers and 

21 the administering agencies, shall develop and imple22 ment a grant program to fund research, develop23 ment, demonstration, and verification of environ24 mentally sound cost-effective technologies and meth25 ods to control and eradicate aquatic invasive species. 


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1 ‘‘(2) PURPOSES.—Proposals funded under this 

2 program shall— 

3 ‘‘(A) provide funds to support on-going ef4 forts of Federal, State, or local officials to con5 trol and eradicate aquatic invasive species in an 

6 environmentally sound manner; 

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

10 or eradicate aquatic invasive species; 

11 ‘‘(C) provide for the demonstration or dis12 semination of the technologies or methods to 

13 potential end-users; and 

14 ‘‘(D) verify that any technology or practice 

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

17 are established by the Administrator. 

18 ‘‘(3) PREFERENCE.—In making grants under 

19 this subsection, the Administrator shall give pref20 erence to proposals that meet criteria developed for 

21 environmental soundness that are established by the 

22 Administrator. 

23 ‘‘(4) MERIT REVIEW.—Grants awarded through 

24 this subsection shall be awarded through a competi25 tive, peer-reviewed process and shall be merit-based. 


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

2 date of enactment of the National Aquatic Invasive 

3 Species Act of 2009, the Administrator shall submit 

4 to Congress a report on the program conducted 

5 under this subsection, including findings and rec6 ommendations of the Secretary with respect to tech7 nologies and methods described in paragraph (1). 

8 ‘‘(b) DISPERSAL BARRIER RESEARCH PROGRAM.— 

9 Not later than 1 year after the date of enactment of the 

10 National Aquatic Invasive Species Act of 2009, the Assist11 ant Secretary, in conjunction with the Director and other 

12 appropriate Federal agencies and academic researchers, 

13 shall establish a research, development, and demonstration 

14 program— 

15 ‘‘(1) to study environmentally sound methods 

16 and technologies to reduce dispersal of aquatic 

17 invasive species through interbasin waterways; and 

18 ‘‘(2) to assess the potential for using those 

19 methods and technologies in other waterways.’’. 

20 (b) EXPANSION OF VESSEL PATHWAY TECHNOLOGY

21 DEMONSTRATION PROGRAM.—Section 1104(b) of the 

22 Nonindigenous Aquatic Nuisance Prevention and Control 

23 Act of 1990 (16 U.S.C. 4714(b)) is amended— 

24 (1) by redesignating paragraphs (4) and (5) as 

25 paragraphs (7) and (8), respectively; and 


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1 (2) by inserting after paragraph (3) the fol2 lowing: 

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

4 of the Interior and the Secretary of Commerce may 

5 demonstrate and verify technologies under this sub6 section to monitor and control pathways of organism 

7 transport on vessels other than through ballast 

8 water. 

9 ‘‘(5) PRIORITY.—In making grants under this 

10 subsection, the Secretary of the Interior and the 

11 Secretary of Commerce shall give priority to tech12 nologies that meet criteria established in any testing 

13 protocol developed under the Environmental Tech14 nology Verification program of the Administrator. 

15 ‘‘(6) WORKSHOP.—The Secretary of the Inte16 rior and the Secretary of Commerce shall— 

17 ‘‘(A) hold an annual workshop to encour18 age the exchange of information between and 

19 among— 

20 ‘‘(i) principal investigators for which 

21 funds are made available under this sub22 section; and 

23 ‘‘(ii) researchers conducting research 

24 directly relating to vessel pathway tech25 nology development; and 


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1 ‘‘(B) make the results of the proceedings 

2 widely available to the public.’’. 

3 SEC. 133. VESSEL PATHWAY STANDARDS RESEARCH. 

4 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

6 seq.) (as amended by section 132(a)) is amended by add7 ing at the end the following: 

8 ‘‘SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH. 

9 ‘‘(a) RESEARCH PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary and the Ad11 ministrator (in coordination with the National Oce12 anic and Atmospheric Administration, the Task 

13 Force, and other appropriate Federal agencies and 

14 academic researchers) shall develop and conduct a 

15 coordinated research program to support the estab16 lishment and implementation of standards to prevent 

17 the introduction and spread of aquatic invasive spe18 cies by vessels. 

19 ‘‘(2) COMPONENTS.—The research program 

20 shall include programs to— 

21 ‘‘(A) characterize physical, chemical, and 

22 biological harbor conditions relevant to ballast 

23 discharge into waters of the United States to 

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1 mentation of vessel vector control technologies 

2 and practices; 

3 ‘‘(B) develop testing protocols for deter4 mining the effectiveness of vector monitoring 

5 and control technologies and practices; 

6 ‘‘(C) research and demonstrate methods 

7 for mitigating the spread of aquatic invasive 

8 species by coastal voyages, including the explo9 ration of the effectiveness of alternative ex10 change zones in the near coastal areas and 

11 other methods proposed to reduce the transfers 

12 of organisms; 

13 ‘‘(D) verify the practical effectiveness of 

14 any type approval process to ensure that the 

15 process produces repeatable and accurate as16 sessments of treatment effectiveness; and 

17 ‘‘(E) evaluate the effectiveness and resid18 ual risk and environmental impacts associated 

19 with any standard established with respect to a 

20 ship pathway through experimental research. 

21 ‘‘(b) PERFORMANCE TEST.—Not later than 1 year 

22 after the date of enactment of the National Aquatic 

23 Invasive Species Act of 2009, the Secretary, in conjunc24 tion with the National Institute of Standards and Tech25 nology and the Maritime Administration, shall design a 


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1 performance test for ballast water exchange (such as a dye 

2 study) to measure the effectiveness of ballast water ex3 change. 

4 ‘‘(c) NATIONAL ACADEMY OF SCIENCES STUDY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the National Academy of 

7 Sciences under which the Academy shall— 

8 ‘‘(A) identify the relative risk of transfer of 

9 various taxonomic groups of invasive species by 

10 different vessel modes; 

11 ‘‘(B)(i) assess the extent to which a ballast 

12 water standard that virtually eliminates the risk 

13 of introduction of invasive species by ballast 

14 water may relate to the risk of introductions by 

15 all vessel modes; and 

16 ‘‘(ii) explain the degree of uncertainty in 

17 such an assessment; and 

18 ‘‘(C)(i) recommend methods for reducing 

19 the transfers of invasive species by vessels by 

20 addressing all parts and systems of vessels and 

21 all related modes of transport of invasive orga22 nisms; and 

23 ‘‘(ii) identify the research, development, 

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1 mation base to support those methods, includ2 ing economic information. 

3 ‘‘(2) REPORT.—Not later than 2 years after the 

4 date of enactment of the National Aquatic Invasive 

5 Species Act of 2009, the Secretary shall submit to 

6 Congress a report that describes the results of the 

7 study under paragraph (1). 

8 ‘‘(3) IMPLEMENTATION OF RECOMMENDA9 TIONS.—Not later than the later of the date that is 

10 1 year after the date of submission of the report 

11 under paragraph (2) or the date that is 3 years after 

12 the date of enactment of the National Aquatic 

13 Invasive Species Act of 2009, the Task Force, in 

14 conjunction with the Administrator, administering 

15 agencies, and other appropriate Federal agencies, 

16 shall submit to the Secretary a report that describes 

17 recommendations for— 

18 ‘‘(A) a vessel pathway treatment standard 

19 that incorporates all potential modes of transfer 

20 by vessel; and 

21 ‘‘(B) methods for type approval and accu22 rate monitoring of treatment performance that 

23 are simple and streamlined and follow estab24 lished protocols. 

25 ‘‘(d) WORKING GROUP.— 


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

2 after the date of issuance by the Secretary of any 

3 standard relating to the introduction by vessels of 

4 invasive species, the Secretary shall convene a work5 ing group (including the Administrator, the admin6 istering agencies, and other appropriate Federal and 

7 State agencies and academic researchers) to evaluate 

8 the effectiveness of that standard and accompanying 

9 implementation protocols. 

10 ‘‘(2) DUTIES.—The duties of the working group 

11 shall include, at a minimum— 

12 ‘‘(A) reviewing the effectiveness of the 

13 standard in reducing the establishment of 

14 invasive species in aquatic ecosystems, taking 

15 into consideration the data collected under sec16 tion 1107; and 

17 ‘‘(B) submitting recommendations to the 

18 Secretary (who shall make the recommenda19 tions widely available to the public) for the revi20 sion of the standard and type approval process 

21 in order to ensure— 

22 ‘‘(i) effectiveness in reducing introduc23 tions of invasive species; and 

24 ‘‘(ii) the effectiveness of accurate 

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1 formance in a simple and streamlined man2 ner.’’. 

3 SEC. 134. GRADUATE EDUCATION IN SYSTEMATICS AND 

4 TAXONOMY. 

5 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

7 seq.) (as amended by section 133) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

10 ‘‘(a) IN GENERAL.—The National Science Founda11 tion shall establish a program to award grants to research12 ers at institutions of higher education and museums to 

13 carry out research in systematics and taxonomy. 

14 ‘‘(b) PURPOSES.—The purposes of the program 

15 are— 

16 ‘‘(1) to encourage scientists to pursue careers 

17 in systematics and taxonomy to ensure a continuing 

18 knowledge base in those disciplines; 

19 ‘‘(2) to ensure that there will be adequate ex20 pertise in systematics and taxonomy to meet Fed21 eral, State, and local needs to identify invasive spe22 cies; 

23 ‘‘(3) to develop that expertise throughout the 

24 United States with an emphasis on regional diver25 sity; and 


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1 ‘‘(4) to draw on existing expertise in system2 atics and taxonomy at institutions of higher edu3 cation and museums to train the next generation of 

4 systematists and taxonomists. 

5 ‘‘(c) ADMINISTRATION.— 

6 ‘‘(1) MERIT REVIEW.—Grants awarded through 

7 this section shall be awarded through a competitive, 

8 peer-reviewed process and shall be merit-based. 

9 ‘‘(2) PREFERENCES.—In making grants under 

10 this section, the National Science Foundation shall 

11 provide a preference for— 

12 ‘‘(A) projects in a diverse set of ecosystems 

13 and geographic locations; 

14 ‘‘(B) if applicable, projects that are inte15 grated with the Long Term Ecological Research 

16 Network created by the National Science Foun17 dation; 

18 ‘‘(C) projects that include student partici19 pation; and 

20 ‘‘(D) projects carried out by institutions of 

21 higher education and museums that actively 

22 train students to become experts in systematics 

23 and taxonomy.’’. 


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1 PART IV—COORDINATION 

2 SEC. 141. PROGRAM COORDINATION. 

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

4 of the Nonindigenous Aquatic Nuisance Prevention and 

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

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

7 end; 

8 (2) by redesignating paragraph (7) as para9 graph (12); and 

10 (3) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) the Director of the United States Geologi13 cal Survey; 

14 ‘‘(8) the Director of the Smithsonian Environ15 mental Research Center; 

16 ‘‘(9) the Secretary of State; 

17 ‘‘(10) the Secretary of Transportation; 

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

19 and’’. 

20 (b) COORDINATION WITH NATIONAL INVASIVE SPE21 CIES COUNCIL.—Section 1201(f) of the Nonindigenous 

22 Aquatic Nuisance Prevention and Control Act of 1990 (16 

23 U.S.C. 4721(f)) is amended— 

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

25 inserting the following: 


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

2 Force’’; and 

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

4 ‘‘(2) NATIONAL INVASIVE SPECIES COUNCIL.— 

5 The National Invasive Species Council shall— 

6 ‘‘(A) coordinate and cooperate with the 

7 Task Force in carrying out the duties of the 

8 National Invasive Species Council relating to 

9 aquatic invasive species; 

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

11 of enactment of the National Aquatic Invasive 

12 Species Act of 2009, and every 3 years there13 after, submit to Congress a report that summa14 rizes the status of the conduct of activities au15 thorized by and required under this Act; and 

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

17 forces in coordination with the regional panels 

18 of the Task Force convened under section 

19 1203.’’. 

20 (c) COORDINATION WITH OTHER PROGRAMS.—Sec21 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre22 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

23 amended by adding at the end the following: 

24 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 


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

2 annually recommend to Federal agencies of ju3 risdiction such additions of aquatic invasive 

4 species as the Task Force determines to be ap5 propriate for inclusion on— 

6 ‘‘(i) any list of species of wildlife cov7 ered by section 42 of title 18, United 

8 States Code (including regulations); or 

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

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

11 seq.) (including regulations promulgated 

12 under that Act contained in part 360 of 

13 title 7, Code of Federal Regulations (or 

14 any successor regulations)). 

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

16 the screening process developed pursuant to 

17 section 1105 to identify species pursuant to 

18 subparagraph (A).’’. 

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

20 Nonindigenous Aquatic Nuisance Prevention and Control 

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

22 the end the following: 

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

24 Task Force shall annually convene all regional panels es25 tablished pursuant to this Act for the purpose of informaVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 tion transfer between and among panels, and between the 

2 panels and the Task Force, regarding aquatic invasive 

3 species management. 

4 ‘‘(e) ORGANIZATIONS.— 

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

6 that has a Federal charter authorized by law or Ex7 ecutive order for purposes of fisheries or natural re8 source management may develop and implement— 

9 ‘‘(A) regional aquatic invasive species man10 agement plans; and 

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

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

13 member States of the organization; and 

14 ‘‘(ii) consistent with any relevant 

15 State aquatic invasive species management 

16 plans. 

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

18 receive funds under this Act to implement activities 

19 under the regional aquatic invasive species manage20 ment plan of the organization.’’. 

21 (e) STATE AQUATIC INVASIVE SPECIES MANAGE22 MENT PLANS.—Section 1204(a) of the Nonindigenous 

23 Aquatic Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4724(a)) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A), by inserting be2 fore the semicolon at the end the following: ‘‘, 

3 including, in accordance with guidelines issued 

4 by the Task Force under paragraph (5)— 

5 ‘‘(i) rapid assessment and response 

6 contingency strategies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; and 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105’’; and 

13 (B) in subparagraph (D), by inserting ‘‘in14 clude’’ after ‘‘(D)’’; and 

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

16 ‘‘(5) GUIDELINES.— 

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

18 after the date of enactment of the National 

19 Aquatic Invasive Species Act of 2009, the Task 

20 Force shall amend the guidelines of the Task 

21 Force for the development of plans under this 

22 subsection, including guidelines for reporting 

23 progress in implementing the plans, to encour24 age consistency in implementation of and re25 porting under those plans. 


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1 ‘‘(B) GUIDELINES.—The guidelines pub2 lished under subparagraph (A) shall include, for 

3 the purpose of paragraph (2)(A), guidelines 

4 concerning— 

5 ‘‘(i) rapid response contingency strate6 gies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105; and 

13 ‘‘(v) the review and revision of re14 quirements of this subsection and the re15 approval process under this subsection. 

16 ‘‘(6) RELATIONSHIP TO OTHER PLANS.— 

17 ‘‘(A) IN GENERAL.—A plan approved 

18 under paragraph (4) shall be deemed to meet 

19 any State planning requirement of the program 

20 established under section 104 of the River and 

21 Harbor Act of 1958 (33 U.S.C. 610) for a plan 

22 to control noxious aquatic plant growths. 

23 ‘‘(B) ENFORCEMENT.—Funds provided to 

24 States for implementation of plans pursuant to 

25 section 1204 may be used by States to enforce 


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1 requirements relating to aquatic invasive species 

2 under the Plant Protection Act (7 U.S.C. 7701 

3 et seq.) (including regulations promulgated 

4 under that Act contained in part 360 of title 7, 

5 Code of Federal Regulations (or any successor 

6 regulations)). 

7 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

8 approved under this section as of the day imme9 diately before the date of enactment of the National 

10 Aquatic Invasive Species Act of 2009 shall be eligi11 ble to receive a grant awarded under this section. 

12 ‘‘(8) REVIEW AND REVISION.— 

13 ‘‘(A) IN GENERAL.—Each State shall peri14 odically review and, as necessary, revise the 

15 management plan of the State in accordance 

16 with guidelines of the Task Force. 

17 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

18 plan approved under this section as of the day 

19 immediately before the date of enactment of the 

20 National Aquatic Invasive Species Act of 2009 

21 shall be updated after the date of enactment of 

22 the National Aquatic Invasive Species Act of 

23 2009 to conform to the guidelines published 

24 under paragraph (5). 


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1 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

2 addition to the management plans required under 

3 this subsection, the Director shall encourage each 

4 State to develop and implement new, and expand ex5 isting, State management plans to improve State ac6 tions to prevent and control aquatic invasive spe7 cies.’’. 

8 (f) GRANT PROGRAM.—Section 1204(b)(1) of the 

9 Nonindigenous Aquatic Nuisance Prevention and Control 

10 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik11 ing ‘‘subsection (a) for the implementation of those 

12 plans.’’ and inserting the following: ‘‘subsection (a)— 

13 ‘‘(A) to develop those plans with a total 

14 amount that does not exceed 10 percent of the 

15 amounts made available for grants under this 

16 section for each fiscal year; and 

17 ‘‘(B) to implement those plans.’’. 

18 SEC. 142. INTERNATIONAL COORDINATION. 

19 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

20 Aquatic Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4751 et seq.) is amended— 

22 (1) by striking the subtitle heading and insert23 ing the following: 

24 ‘‘Subtitle E—Administration’’; 

25 and 


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

2 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

3 ‘‘(a) IN GENERAL.—The Task Force, the National 

4 Invasive Species Council, and the Secretary of State shall, 

5 to the maximum extent practicable, ensure that inter6 national efforts to prevent, detect, monitor, assess, and 

7 control aquatic invasive species (including through the 

8 International Maritime Organization, the International 

9 Convention on the Exploration of the Sea, the Global 

10 Invasive Species Program, and other appropriate pro11 grams) are coordinated with policies of the United States 

12 established by this Act. 

13 ‘‘(b) COORDINATION WITH NEIGHBORING COUN14 TRIES.— 

15 ‘‘(1) IN GENERAL.—The Task Force, in con16 sultation with the Secretary of State, shall include in 

17 the report required by section 1202(n) a description 

18 of the means by which international agreements and 

19 regulations with countries that share a border with 

20 the United States will be implemented and enforced 

21 by Federal agencies (including a clarification of the 

22 roles and responsibilities of those agencies). 

23 ‘‘(2) NEGOTIATIONS.—As soon as practicable 

24 after the date of enactment of the National Aquatic 


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1 Invasive Species Act of 2009, the Secretary of State 

2 may enter into negotiations with— 

3 ‘‘(A) Canada to issue a request that the 

4 International Joint Commission, not later than 

5 18 months after the date of enactment of that 

6 Act, review, research, conduct hearings on, and 

7 submit to the parties represented on the Inter8 national Joint Commission a report that de9 scribes the success of current policies of govern10 ments in the United States and Canada having 

11 jurisdiction over the Great Lakes in antici12 pating and preventing biological invasions of 

13 the aquatic ecosystem in the Great Lakes, in14 cluding— 

15 ‘‘(i) an analysis of current Federal, 

16 State or Provincial, local, and international 

17 laws, enforcement practices, and agree18 ments; 

19 ‘‘(ii) an analysis of prevention efforts 

20 relating to all likely pathways for biological 

21 invasions of the aquatic ecosystem in the 

22 Great Lakes; and 

23 ‘‘(iii) recommendations of the Inter24 national Joint Commission for means by 

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1 cies and enforcement practices referred to 

2 in clause (i); and 

3 ‘‘(B) Mexico, to ensure coordination of ef4 forts of the United States with efforts of Mex5 ico to manage invasive species established in the 

6 United States-Mexico border region. 

7 ‘‘SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES 

8 COUNCIL. 

9 ‘‘The National Invasive Species Council shall con10 tinue regardless of the termination of section 3 of Execu11 tive Order No. 13112 (42 U.S.C. 4321 note).’’. 

12 PART V—AUTHORIZATION OF APPROPRIATIONS 

13 SEC. 151. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 1301 of the Nonindigenous Aquatic Nuisance 

15 Prevention and Control Act of 1990 (16 U.S.C. 4741) is 

16 amended to read as follows: 

17 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

19 this section, there are authorized to be appropriated such 

20 sums as are necessary to carry out this Act for each of 

21 fiscal years 2010 through 2014. 

22 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

23 PROGRAM.—There are authorized to be appropriated for 

24 each of fiscal years 2010 through 2014— 


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1 ‘‘(1) $8,000,000, to carry out activities of the 

2 Task Force under section 1202, of which— 

3 ‘‘(A) $4,000,000 shall be used by the Di4 rector; 

5 ‘‘(B) $3,000,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration; 

7 and 

8 ‘‘(C) $1,000,000 shall be used by the Na9 tional Invasive Species Council; 

10 ‘‘(2) $30,000,000, to provide grants under sec11 tion 1204(b); 

12 ‘‘(3) $3,000,000, to provide assistance to the 

13 regional panels of the Task Force; and 

14 ‘‘(4) $1,000,000, to be used by the Director to 

15 carry out section 1105(g). 

16 ‘‘(c) INTERNATIONAL COORDINATION.—There is au17 thorized to be appropriated to the Department of State 

18 to carry out section 1403 $1,000,000 for each of fiscal 

19 years 2010 through 2014. 

20 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

21 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

22 UNITED STATES.—There are authorized to be appro23 priated for each of fiscal years 2010 through 2014— 

24 ‘‘(1) $6,000,000, to be used by the Secretary to 

25 carry out section 1101; 


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1 ‘‘(2) $2,500,000, to be used by the Adminis2 trator to carry out section 1101; and 

3 ‘‘(3) $2,750,000, to be used by the Task Force 

4 to carry out section 1101, of which— 

5 ‘‘(A) $1,500,000 shall be used by the Di6 rector; and 

7 ‘‘(B) $1,250,000 shall be used by the Na8 tional Oceanic and Atmospheric Administration. 

9 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON10 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

11 WATERS OF THE UNITED STATES.—There are authorized 

12 to be appropriated for each of fiscal years 2010 through 

13 2014— 

14 ‘‘(1) $5,000,000, to carry out the priority path15 way management program under section 1210, of 

16 which— 

17 ‘‘(A) $2,000,000 shall be used by the Na18 tional Oceanic and Atmospheric Administration; 

19 and 

20 ‘‘(B) $3,000,000 shall be used by the Di21 rector; 

22 ‘‘(2) $1,000,000, to be used by the National 

23 Invasive Species Council to establish screening 

24 guidelines under section 1105(d); and 


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1 ‘‘(3) $3,500,000, to be used by the Director to 

2 promulgate and implement screening requirements 

3 under section 1105(e). 

4 ‘‘(f) EARLY DETECTION AND MONITORING.—There 

5 is authorized to be appropriated, to carry out early detec6 tion, monitoring, and survey planning and implementation 

7 under section 1106, $2,000,000 for each of fiscal years 

8 2010 and 2011 and $10,000,000 for each of fiscal years 

9 2012 through 2014, of which— 

10 ‘‘(1) for each of fiscal years 2010 and 2011— 

11 ‘‘(A) $1,000,000 shall be used by the Na12 tional Oceanic and Atmospheric Administration; 

13 and 

14 ‘‘(B) $1,000,000 shall be used by the Di15 rector; and 

16 ‘‘(2) for each of fiscal years 2010 through 

17 2012— 

18 ‘‘(A) $5,000,000 shall be used by the Na19 tional Oceanic and Atmospheric Administration; 

20 and 

21 ‘‘(B) $5,000,000 shall be used by the Di22 rector. 

23 ‘‘(g) CONTAINMENT AND CONTROL.— 

24 ‘‘(1) DISPERSAL BARRIERS.—There are author25 ized to be appropriated for use by the Director to 


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1 carry out the monitoring program under section 

2 1202(j)(2) $2,150,000 for each of fiscal years 2010 

3 through 2014. 

4 ‘‘(2) RAPID RESPONSE.—There are authorized 

5 to be appropriated for each of fiscal years 2010 

6 through 2014— 

7 ‘‘(A) $25,000,000, to the Emergency 

8 Rapid Response Fund established under section 

9 1211(a), to remain available until expended; 

10 ‘‘(B) $1,000,000, to be used by the Na11 tional Invasive Species Council in developing 

12 the State and regional rapid response contin13 gency strategy under section 1211; and 

14 ‘‘(C) $1,500,000, to be used for Federal 

15 rapid response teams under section 1211(f), of 

16 which— 

17 ‘‘(i) $500,000 shall be used by the 

18 National Oceanic and Atmospheric Admin19 istration; and 

20 ‘‘(ii) $1,000,000 shall be used by the 

21 Director. 

22 ‘‘(3) ENVIRONMENTAL SOUNDNESS.—There is 

23 authorized to be appropriated for establishment 

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1 cies $600,000 for each of fiscal years 2010 through 

2 2014. 

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

4 There are authorized to be appropriated for each of fiscal 

5 years 2010 through 2014— 

6 ‘‘(1) $500,000, to be used by the Secretary of 

7 the Interior to carry out the information and edu8 cation program under section 1202(h)(2)(D); 

9 ‘‘(2) $750,000, to be used by the Director in 

10 carrying out the 100th meridian program under sec11 tion 1202(h)(2)(C); 

12 ‘‘(3) $2,000,000, to be used to carry out infor13 mational and educational activities of the Task 

14 Force under section 1202(h), of which— 

15 ‘‘(A) $1,000,000 shall be used by the Na16 tional Oceanic and Atmospheric Administration; 

17 and 

18 ‘‘(B) $1,000,000 shall be used by the Di19 rector; and 

20 ‘‘(4) $500,000, to be used by the National Oce21 anic and Atmospheric Administration to carry out 

22 section 1202(h)(2)(B)(ii). 

23 ‘‘(i) RESEARCH.— 


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1 ‘‘(1) ECOLOGICAL AND PATHWAY RESEARCH

2 AND ANALYSIS.—There are authorized to be appro3 priated for each of fiscal years 2010 through 2014— 

4 ‘‘(A) $17,000,000, to be used by the Na5 tional Oceanic and Atmospheric Administration 

6 to carry out sections 1107 and 1108, of which 

7 $13,000,000 shall be used to carry out the 

8 grant program under section 1107(g); 

9 ‘‘(B) $4,000,000, to be used by the Smith10 sonian Environmental Research Center to carry 

11 out sections 1107 and 1108; 

12 ‘‘(C) $4,500,000, to be used by the United 

13 States Geological Survey to carry out sections 

14 1107 and 1108, of which $500,000 shall be 

15 used to develop, maintain, and update the data16 base required under section 1107(j); and 

17 ‘‘(D) $1,650,000, to be used by the Great 

18 Lakes Environmental Research Laboratory to 

19 carry out the demonstration program under sec20 tion 1202(i). 

21 ‘‘(2) DISSEMINATION.—There is authorized to 

22 be appropriated to provide for the dissemination of 

23 information by the National Invasive Species Council 

24 under section 1109 $500,000 for each of fiscal years 

25 2010 through 2014. 


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1 ‘‘(3) TECHNOLOGY DEVELOPMENT, DEM2 ONSTRATION, AND VERIFICATION.—There are au3 thorized to be appropriated for each of fiscal years 

4 2010 through 2014— 

5 ‘‘(A) $2,500,000, to be used by the Admin6 istrator for the purposes of environmental 

7 soundness screening and improvement under 

8 section 1110(a); 

9 ‘‘(B) $1,000,000, to be used by the Assist10 ant Secretary to carry out the program under 

11 section 1110(b); and 

12 ‘‘(C) $7,500,000, to carry out vessel path13 way technology development under sections 

14 1104 and 1301(e). 

15 ‘‘(4) VESSEL PATHWAY STANDARDS RE16 SEARCH.—There are authorized to be appro17 priated— 

18 ‘‘(A) for each of fiscal years 2010 through 

19 2014, $3,000,000, to be used for research in 

20 support of vessels pathway standards and tech21 nology evaluation under section 1111(a) of 

22 which— 

23 ‘‘(i) $1,500,000 shall be used by the 

24 Administrator; and 


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1 ‘‘(ii) $2,000,000 shall be used by the 

2 Secretary of the Coast Guard; 

3 ‘‘(B) for each of fiscal years 2010 through 

4 2012, $500,000, to be used by the Coast Guard 

5 to carry out the performance test required 

6 under section 1111(b); and 

7 ‘‘(C) for fiscal year 2010, $500,000, to be 

8 used by the Secretary of the Coast Guard to 

9 enter into an agreement with the National 

10 Academy of Sciences to carry out the study re11 quired under section 1111(c). 

12 ‘‘(5) RESEARCH IN SYSTEMATICS AND TAX13 ONOMY.—There is authorized to be appropriated for 

14 the National Science Foundation to provide research 

15 grants for systematics and taxonomy under section 

16 1112 $2,500,000 for each of fiscal years 2010 

17 through 2014.’’. 

18 PART VI—CONFORMING AMENDMENTS 

19 SEC. 161. CONFORMING AMENDMENTS. 

20 (a) IN GENERAL.—The Nonindigenous Aquatic Nui21 sance Prevention and Control Act of 1990 is amended— 

22 (1) in section 1102 (16 U.S.C. 4712)— 

23 (A) in subsection (a), by striking the sub24 section heading and inserting the following: 


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1 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

2 INVASIVE SPECIES BY VESSELS.—’’; and 

3 (B) in subsection (b)— 

4 (i) by striking paragraph (1); and 

5 (ii) by redesignating paragraphs (2) 

6 and (3) as paragraphs (1) and (2), respec7 tively; 

8 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

9 striking the subtitle heading and inserting the fol10 lowing: 

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

13 Dispersal’’; 

14 (3) in section 1201(a) (16 U.S.C. 4721(a)), by 

15 striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 

16 Species’’; 

17 (4) in section 1202 (16 U.S.C. 4722), by strik18 ing the section heading and inserting the following: 

19 ‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’’; 

20 (5) in section 1204 (16 U.S.C. 4724), by strik21 ing the section heading and inserting the following: 

22 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE23 MENT PLANS.’’; 

24 and 


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1 (6) by striking ‘‘aquatic nuisance species’’ each 

2 place it appears and inserting ‘‘aquatic invasive spe3 cies’’. 

4 (b) SHORT TITLE.— 

5 (1) IN GENERAL.—Section 1001 of the Non6 indigenous Aquatic Nuisance Prevention and Control 

7 Act of 1990 (16 U.S.C. 4701) is amended by strik8 ing ‘‘Nonindigenous Aquatic Nuisance’’ and insert9 ing ‘‘Nonindigenous Aquatic Invasive Species’’. 

10 (2) REFERENCES.—Any reference in a law, 

11 map, regulation, document, paper, or other record of 

12 the United States to the Nonindigenous Aquatic 

13 Nuisance Prevention and Control Act of 1990 shall 

14 be deemed to be a reference to the Nonindigenous 

15 Aquatic Invasive Species Prevention and Control Act 

16 of 1990. 

17 Subtitle B—Asian Carp Prevention 

18 and Control 

19 SEC. 171. ADDITION OF SPECIES OF CARP TO THE LIST OF 

20 INJURIOUS SPECIES THAT ARE PROHIBITED 

21 FROM BEING IMPORTED OR SHIPPED. 

22 Section 42(a)(1) of title 18, United States Code, is 

23 amended by inserting after ‘‘Dreissena polymorpha;’’ the 

24 following: ‘‘of the bighead carp of the species 

25 Hypophthalmichthys nobilis;’’. 


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1 SEC. 172. DISPERSAL BARRIERS. 

2 Section 1202 of the Nonindigenous Aquatic Nuisance 

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

4 amended by section 124) is amended by inserting after 

5 subsection (k) the following: 

6 ‘‘(l) INTERBASIN AND INTRABASIN MONITORING

7 PROGRAM.— 

8 ‘‘(1) MONITORING PROGRAM.— 

9 ‘‘(A) ESTABLISHMENT.—Not later than 1 

10 year after the date of enactment of the Great 

11 Lakes Collaboration Implementation Act of 

12 2009, the Secretary of the Interior shall estab13 lish an interbasin and intrabasin monitoring 

14 program. 

15 ‘‘(B) REQUIRED ELEMENTS.—The moni16 toring program shall— 

17 ‘‘(i) track aquatic invasive species 

18 moving through— 

19 ‘‘(I) the Chicago River Ship and 

20 Sanitary Canal; 

21 ‘‘(II) the Lake Champlain Canal; 

22 ‘‘(III) other interbasin water23 ways; and 

24 ‘‘(IV) major river systems (such 

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1 vened under section 1203, in which 

2 interbasin transfers of aquatic 

3 invasive species have been shown to 

4 pose a significant threat to fish and 

5 wildlife resources; 

6 ‘‘(ii) assess the efficacy of dispersal 

7 barriers and other measures in preventing 

8 the spread of aquatic invasive species 

9 through the waterways; and 

10 ‘‘(iii) identify waterways suitable for 

11 dispersal barrier demonstration projects, in 

12 addition to the waterways at which dis13 persal barrier demonstration projects were 

14 carried out before the date of enactment of 

15 the Great Lakes Collaboration Implemen16 tation Act of 2009. 

17 ‘‘(C) REPORTS.—The Secretary of the In18 terior shall issue biennial reports describing the 

19 findings of the monitoring program. 

20 ‘‘(2) PREVENTION AND MITIGATION PLANS FOR

21 CORPS PROJECTS.—In developing projects involving 

22 interbasin waterways or other hydrologic alterations 

23 that could create pathways for aquatic invasive spe24 cies, the Assistant Secretary shall develop adequate 


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1 prevention and mitigation plans for controlling the 

2 dispersal of the aquatic invasive species. 

3 ‘‘(3) TECHNICAL ASSISTANCE.—The Adminis4 trator of the National Oceanic and Atmospheric Ad5 ministration, acting through the Great Lakes Envi6 ronmental Research Laboratory, shall provide tech7 nical assistance to appropriate entities to assist in 

8 the research conducted under this subsection. 

9 ‘‘(4) ADDITIONAL WATERWAYS.—The Assistant 

10 Secretary, with the concurrence of the Adminis11 trator, and other relevant Federal agencies, shall 

12 identify additional waterways suitable for the con13 struction of new dispersal barriers (based on the 

14 monitoring program established under paragraph 

15 (1)). 

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

17 the date of enactment of the Great Lakes Collabora18 tion Implementation Act of 2009, the Assistant Sec19 retary and the Director shall jointly submit to Con20 gress a report that describes— 

21 ‘‘(A) the efficacy of the Chicago River Ship 

22 and Sanitary Canal dispersal barrier project; 

23 and 


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1 ‘‘(B) a plan to provide for additional dis2 persal barrier demonstration projects and re3 lated research projects.’’. 

4 Subtitle C—National Invasive 

5 Species Council 

6 SEC. 181. DEFINITIONS. 

7 In this subtitle: 

8 (1) COUNCIL.—The term ‘‘Council’’ means the 

9 National Invasive Species Council established by sec10 tion 183(a). 

11 (2) INVASIVE SPECIES.—The term ‘‘invasive 

12 species’’ means a species— 

13 (A) that is nonnative to an ecosystem; and 

14 (B) the introduction of which to that eco15 system causes or may cause harm to the envi16 ronment, the economy, or human health. 

17 (3) NATIONAL MANAGEMENT PLAN.—The term 

18 ‘‘National Management Plan’’ means the National 

19 Invasive Species Management Plan developed by the 

20 Council under section 185(a). 

21 (4) SPECIES.—The term ‘‘species’’ means a cat22 egory of taxonomic classification that— 

23 (A) ranks below a genus or subgenus; and 

24 (B) consists of related organisms capable 

25 of interbreeding. 


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1 SEC. 182. LIMITATION ON FEDERAL ACTIONS. 

2 (a) IN GENERAL.—No Federal agency may author3 ize, fund, or carry out any action that would likely cause 

4 or promote the introduction or spread of an invasive spe5 cies in the United States or any other location, unless the 

6 head of the Federal agency, at the sole discretion of the 

7 head of the agency and in accordance with guidelines de8 veloped under subsection (b), determines that— 

9 (1) the benefits of the action under consider10 ation clearly outweigh the potential harm to the en11 vironment, the economy, and human health caused 

12 by the introduction or spread of the invasive species; 

13 and 

14 (2) all feasible and practical measures to mini15 mize risk of harm to the environment, the economy, 

16 and human health will be taken in carrying out the 

17 action. 

18 (b) GUIDELINES.—The Council on Environmental 

19 Quality, in conjunction with the Council, shall develop 

20 guidelines for Federal agencies to use in analyzing actions 

21 under subsection (a). 

22 SEC. 183. NATIONAL INVASIVE SPECIES COUNCIL. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—There is established, as an 

25 independent entity in the executive branch, the Na26 tional Invasive Species Council. 


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1 (2) DUTIES.—The Council shall provide leader2 ship and coordination among Federal agencies and 

3 between the Federal Government and State and 

4 local governments, with respect to efforts— 

5 (A) to minimize the environmental, eco6 nomic, and human health effects caused by 

7 invasive species; and 

8 (B) to reduce the threat of further inva9 sions of invasive species. 

10 (b) MEMBERSHIP.— 

11 (1) IN GENERAL.—The Council shall consist 

12 of— 

13 (A) the Secretary of the Interior; 

14 (B) the Secretary of Agriculture; 

15 (C) the Secretary of Commerce; 

16 (D) the Secretary of State; 

17 (E) the Secretary of the Treasury; 

18 (F) the Secretary of Defense; 

19 (G) the Secretary of Transportation; 

20 (H) the Secretary of Health and Human 

21 Services; 

22 (I) the Administrator; 

23 (J) the Administrator of the United States 

24 Agency for International Development; and 


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1 (K) such additional members as are ap2 pointed under paragraph (2). 

3 (2) ADDITIONAL MEMBERS.—With the concur4 rence of a majority of the members of the Council, 

5 the chairperson of the Council may appoint addi6 tional members to the Council from among individ7 uals who are officers or employees of the Federal 

8 Government with significant responsibilities con9 cerning invasive species. 

10 (c) CHAIRPERSON.— 

11 (1) INITIAL CHAIRPERSON.—The Secretary of 

12 the Interior shall serve as chairperson of the Council 

13 for the 3-year period beginning on the date of enact14 ment of this Act. 

15 (2) SUBSEQUENT CHAIRPERSONS.—After the 

16 initial 3-year period described in paragraph (1), the 

17 chairperson shall rotate every 3 years among the fol18 lowing members, in the following order: 

19 (A) The Secretary of Agriculture. 

20 (B) The Secretary of Commerce. 

21 (C) The Secretary of the Interior. 

22 (d) MEETINGS.—The Council shall meet at the call 

23 of the chairperson, but not less often than semiannually. 

24 (e) EXECUTIVE DIRECTOR.— 


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1 (1) APPOINTMENT.—The President shall ap2 point the Executive Director of the Council, by and 

3 with the advice and consent of the Senate. 

4 (2) CONSULTATION.—Before appointing an in5 dividual under paragraph (1), the President shall 

6 consult with— 

7 (A) the Secretary of the Interior; 

8 (B) the Secretary of Agriculture; and 

9 (C) the Secretary of Commerce. 

10 (3) QUALIFICATIONS.—An individual appointed 

11 as Executive Director of the Council shall have— 

12 (A) legal or scientific experience and train13 ing in the area of natural resources, ecology, or 

14 agriculture; and 

15 (B) experience in dealing with public policy 

16 matters concerning aquatic and terrestrial 

17 invasive species. 

18 (4) TERM.—The Executive Director of the 

19 Council shall serve for a term of 6 years. 

20 (5) COMPENSATION.—The Executive Director 

21 shall be paid at the maximum rate of basic pay pre22 scribed for level GS–15 of the General Schedule. 


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1 SEC. 184. DUTIES OF COUNCIL. 

2 (a) IN GENERAL.—The Council shall ensure that the 

3 efforts of Federal agencies concerning invasive species are 

4 coordinated, effective, complementary, and cost-efficient. 

5 (b) DUTIES.—To carry out subsection (a), the Coun6 cil shall— 

7 (1) coordinate with other organizations address8 ing invasive species (such as the Federal Interagency 

9 Committee for the Management of Noxious and Ex10 otic Weeds, the Aquatic Nuisance Species Task 

11 Force established under section 1201 of the Non12 indigenous Aquatic Nuisance Prevention and Control 

13 Act of 1990 (16 U.S.C. 4721), regional panels es14 tablished under that Act, and the White House Of15 fice of Science and Technology Policy) to implement 

16 the National Management Plan; 

17 (2) develop recommendations for international 

18 cooperation between the Federal Government, State 

19 governments, and foreign countries on tools, policies, 

20 and methods to prevent the introduction and export 

21 of invasive species into and from, respectively, the 

22 United States; 

23 (3) develop guidelines for Federal agency ef24 forts to ensure that Federal programs concerning 

25 invasive species, including outreach programs, are 


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1 coordinated with State, local, and tribal govern2 ments; 

3 (4) develop, in consultation with the Council on 

4 Environmental Quality and in accordance with the 

5 National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.), guidance for Federal agencies 

7 on prevention, control, and eradication of invasive 

8 species; 

9 (5) establish and maintain a publicly accessible, 

10 coordinated, up-to-date information sharing system 

11 on invasive species that— 

12 (A) allows the access to and exchange of 

13 information among Federal agencies and the 

14 public; and 

15 (B) uses the Internet to the maximum ex16 tent practicable; 

17 (6) ensure that Federal agencies implement the 

18 plans, programs, and policies adopted by the Council 

19 in the National Management Plan through appro20 priate actions, including working in cooperation with 

21 Federal agencies on development of budgets for the 

22 annual submission by the President to Congress of 

23 the budget of the Federal Government under section 

24 1105 of title 31, United States Code; 


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1 (7)(A) evaluate Federal programs that are like2 ly to cause or promote the introduction or spread of 

3 invasive species in the United States; and 

4 (B) recommend actions Federal agencies can 

5 take to minimize the risk of introductions or further 

6 spread of invasive species; and 

7 (8) develop and submit to the appropriate com8 mittees of Congress and the Director of the Office 

9 of Management and Budget an annual list of prior10 ities, ranked in high, medium, and low categories, of 

11 Federal efforts and programs in prevention, eradi12 cation, control, and monitoring of, and research and 

13 outreach concerning, invasive species. 

14 SEC. 185. NATIONAL INVASIVE SPECIES MANAGEMENT 

15 PLAN. 

16 (a) DEVELOPMENT.— 

17 (1) IN GENERAL.—The Council shall develop a 

18 National Invasive Species Management Plan that de19 tails and recommends performance-oriented goals 

20 and specific measures of success for carrying out ac21 tivities by Federal agencies relating to invasive spe22 cies. 

23 (2) DEVELOPMENT PROCESS.—The National 

24 Management Plan shall be developed through a pub25 lic process and in consultation with Federal agenVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 cies, appropriate State and local entities, and other 

2 appropriate stakeholders. 

3 (3) CONTENTS.—The National Management 

4 Plan shall include recommendations of effective, 

5 cost-efficient, environmentally sound, and science6 based approaches for— 

7 (A) preventing the introduction of invasive 

8 species, including approaches for identifying 

9 pathways by which invasive species are intro10 duced and for minimizing the risk of introduc11 tions via those pathways, which recommended 

12 approaches shall provide for— 

13 (i) a process to evaluate risks associ14 ated with the introduction and spread of 

15 invasive species; and 

16 (ii) a coordinated and systematic risk17 based process to identify, monitor, and 

18 interdict pathways that may be involved in 

19 the introduction of invasive species; 

20 (B) cooperating with other countries to in21 crease their capacity— 

22 (i) to control invasive species; and 

23 (ii) to prevent the spread of invasive 

24 species across international borders; 


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1 (C) rapidly detecting and responding to in2 cipient invasions of invasive species; 

3 (D) managing new and established popu4 lations of invasive species by— 

5 (i) eradicating the invasive species; or 

6 (ii) controlling the spread of the 

7 invasive species; 

8 (E) accurately and reliably monitoring new 

9 and established populations of invasive species; 

10 (F) restoring native species and habitat 

11 conditions in ecosystems that have been invaded 

12 by invasive species; 

13 (G) conducting research on the matters re14 ferred to in subparagraphs (A) through (F); 

15 (H) evaluating and documenting the ef16 fects of invasive species on the environment, the 

17 economy, and human health; 

18 (I) developing technologies to prevent the 

19 introduction and provide for the management of 

20 invasive species; and 

21 (J) promoting public education on invasive 

22 species and the means to address invasive spe23 cies. 

24 (4) IDENTIFICATION OF NEEDED RE25 SOURCES.—The National Management Plan shall 


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1 identify the personnel, other resources, and addi2 tional levels of coordination needed to achieve the 

3 goals included in the National Management Plan. 

4 (b) EXISTING PLAN.—The National Invasive Species 

5 Management Plan of the Invasive Species Council adopted 

6 in 2001 shall be treated as the National Management Plan 

7 required under subsection (a) until the date of issuance 

8 of the National Management Plan under subsection (c)(1). 

9 (c) ISSUANCE AND UPDATING OF NATIONAL MAN10 AGEMENT PLAN.—The Council shall— 

11 (1) not later than December 31, 2009, issue the 

12 National Management Plan; 

13 (2) not later than December 31, 2011, and bi14 ennially thereafter, update the National Manage15 ment Plan; and 

16 (3) concurrently with the process of updating 

17 the National Management Plan, evaluate and report 

18 to Congress on success in achieving the goals in19 cluded in the National Management Plan. 

20 (d) AGENCY REPORTS.—Not later than 18 months 

21 after the date of issuance of any update of the National 

22 Management Plan that recommends action by a Federal 

23 agency, the head of the Federal agency shall submit to 

24 Congress a report that— 


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1 (1) describes each of the recommended actions 

2 that the agency has not taken; and 

3 (2) provides an explanation of why the action is 

4 not feasible. 

5 SEC. 186. INVASIVE SPECIES ADVISORY COMMITTEE. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—The Council shall maintain 

8 an advisory committee, to be known as the ‘‘Invasive 

9 Species Advisory Committee’’, to provide information 

10 and advice for consideration by the Council. 

11 (2) ORGANIZATION, FUNCTIONS, AND AUTHORI12 TIES.—Except as otherwise provided in this section, 

13 the advisory committee shall be organized, perform 

14 the functions, and have the authorities specified in 

15 the charter for the advisory committee signed by the 

16 Secretary of the Interior on October 30, 2001. 

17 (b) APPOINTMENT.—Members of the advisory com18 mittee shall be appointed by the chairperson of the Coun19 cil, after consultation with the other members of the Coun20 cil, from among individuals representing stakeholders with 

21 respect to Federal programs for minimizing the environ22 mental, economic, and human health impacts caused by 

23 invasive species. 

24 (c) FUNCTIONS.—In addition to the functions speci25 fied in the charter referred to in subsection (a), the adviVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 sory committee shall recommend to the Council plans and 

2 actions at the regional, State, local, tribal, and ecosystem3 based levels to achieve the goals of the National Manage4 ment Plan. 

5 (d) CONTINUING OPERATION OF EXISTING COM6 MITTEE.—Any advisory committee appointed before the 

7 date of enactment of this Act in accordance with the char8 ter referred to in subsection (a)(2) may continue in effect 

9 under this section. 

10 SEC. 187. BUDGET ANALYSIS AND SUMMARY. 

11 Not later than March 31, 2009, and March 31 of 

12 each year thereafter, the Director of the Office of Manage13 ment and Budget shall prepare, and submit to Congress 

14 and the Council, a budget analysis and summary of all 

15 Federal programs relating to invasive species. 

16 SEC. 188. EXISTING EXECUTIVE ORDER. 

17 Executive Order No. 13112, dated February 3, 1999 

18 (42 U.S.C. 4321 note; relating to invasive species), shall 

19 have no force or effect. 

20 SEC. 189. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to carry out 

22 this subtitle $2,000,000 for each of fiscal years 2010 

23 through 2012. 


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1 TITLE II—COASTAL HEALTH 

2 SEC. 201. TECHNICAL ASSISTANCE. 

3 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

4 TREATMENT WORKS.—Section 104(b) of the Federal 

5 Water Pollution Control Act (33 U.S.C. 1254(b)) is 

6 amended— 

7 (1) by redesignating paragraphs (1) through 

8 (7) as subparagraphs (A) through (G), respectively, 

9 and indenting the subparagraphs appropriately; 

10 (2) by striking ‘‘(b) In carrying out’’ and in11 serting the following: 

12 ‘‘(b) AUTHORIZED ACTIVITIES.— 

13 ‘‘(1) IN GENERAL.—In carrying out’’; 

14 (3) in paragraph (1) (as designated by para15 graph (2))— 

16 (A) by striking ‘‘paragraph (1) of sub17 section (a)’’ each place it appears and inserting 

18 ‘‘subsection (a)(1)’’; 

19 (B) in subparagraph (C) (as redesignated 

20 by paragraph (1)), by striking ‘‘of this section’’; 

21 (C) in subparagraph (F) (as redesignated 

22 by paragraph (1)), by striking ‘‘thereof; and’’ 

23 and inserting ‘‘of the effects;’’; 


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1 (D) in subparagraph (G) (as redesignated 

2 by paragraph (1)), by striking the period at the 

3 end and inserting ‘‘; and’’; and 

4 (E) by adding at the end the following: 

5 ‘‘(H) make grants to nonprofit organiza6 tions— 

7 ‘‘(i) to provide technical assistance to 

8 rural and small municipalities for the pur9 pose of assisting, in consultation with the 

10 State in which the assistance is provided, 

11 the municipalities in the planning, develop12 ment, and acquisition of financing for 

13 wastewater infrastructure assistance; 

14 ‘‘(ii) to capitalize revolving loan funds 

15 for the purpose of providing loans, in con16 sultation with the State in which the as17 sistance is provided and in accordance with 

18 paragraph (2), to rural and small munici19 palities for— 

20 ‘‘(I) predevelopment costs associ21 ated with wastewater infrastructure 

22 projects; and 

23 ‘‘(II) short-term costs incurred 

24 for the replacement of equipment that 

25 is not part of a regular operation or 


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1 maintenance activity for an existing 

2 wastewater system; 

3 ‘‘(iii) to provide technical assistance 

4 and training for rural and small publicly 

5 owned treatment works and decentralized 

6 wastewater treatment systems to enable 

7 the treatment works and systems to— 

8 ‘‘(I) protect water quality; and 

9 ‘‘(II) achieve and maintain com10 pliance with the requirements of this 

11 Act; and 

12 ‘‘(iv) to disseminate information to 

13 rural and small municipalities and munici14 palities that meet the affordability criteria 

15 established by the State in which the mu16 nicipality is located under section 603(i)(2) 

17 with respect to planning, design, construc18 tion, and operation of publicly owned treat19 ment works and decentralized wastewater 

20 treatment systems.’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(2) LOAN CONDITIONS.— 

23 ‘‘(A) IN GENERAL.—A loan provided under 

24 paragraph (1)(H)(ii) shall— 


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1 ‘‘(i) be provided at a below-market in2 terest rate; 

3 ‘‘(ii) be provided in an amount not to 

4 exceed $100,000; and 

5 ‘‘(iii) extend for a term of not more 

6 than 10 years. 

7 ‘‘(B) REPAYMENT.—Repayment of a loan 

8 provided under paragraph (1)(H)(ii) shall be 

9 credited to the water pollution control revolving 

10 loan fund of the appropriate State under sec11 tion 603.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 104(u) of the Federal Water Pollution Control Act (33 

14 U.S.C. 1254(u)) is amended— 

15 (1) by striking ‘‘(u) There is authorized to be 

16 appropriated (1) not’’ and inserting the following: 

17 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated— 

19 ‘‘(1) not’’; 

20 (2) in paragraph (1), by striking ‘‘provisions; 

21 (2) not’’ and inserting the following: ‘‘provisions; 

22 ‘‘(2) not’’; 

23 (3) in paragraph (2), by striking ‘‘subsection 

24 (g)(1); (3) not’’ and inserting the following: ‘‘sub25 section (g)(1); 


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1 ‘‘(3) not’’; 

2 (4) in paragraph (3), by striking ‘‘subsection 

3 (g)(2); (4) not’’ and inserting the following: ‘‘sub4 section (g)(2); 

5 ‘‘(4) not’’; 

6 (5) in paragraph (4), by striking ‘‘subsection 

7 (p); (5) not’’ and inserting the following: ‘‘subsection 

8 (p); 

9 ‘‘(5) not’’; 

10 (6) in paragraph (5), by striking ‘‘subsection 

11 (r); and (6) not’’ and inserting the following: ‘‘sub12 section (r); 

13 ‘‘(6) not’’; 

14 (7) in paragraph (6), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

16 (8) by adding at the end the following: 

17 ‘‘(7) for each of fiscal years 2010 through 

18 2014, not more than $75,000,000 to carry out sub19 paragraphs (C) and (H) of subsection (b)(1), of 

20 which, during any fiscal year— 

21 ‘‘(A) not less than 20 percent shall be used 

22 to carry out subsection (b)(1)(H); and 

‘‘(B) not more than 1 23 ⁄3 of the amount used 

24 under subparagraph (A) shall be used to carry 

25 out subsection (b)(1)(H)(ii).’’. 


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1 (c) COMPETITIVE PROCEDURES FOR AWARDING

2 GRANTS.—Section 104 of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1254) is amended by adding at 

4 the end the following: 

5 ‘‘(w) COMPETITIVE PROCEDURES FOR AWARDING

6 GRANTS.—The Administrator shall establish procedures 

7 that promote competition and openness, to the maximum 

8 extent practicable, in the award of grants to nonprofit pri9 vate agencies, institutions, and organizations under this 

10 section.’’. 

11 SEC. 202. SEWER OVERFLOW CONTROL GRANTS. 

12 Section 221 of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1301) is amended by striking subsection 

14 (c) and inserting the following: 

15 ‘‘(c) DEFINITION OF FINANCIALLY DISTRESSED

16 COMMUNITY.—A financially distressed community re17 ferred to in subsection (b) is a community that meets the 

18 affordability criteria established by the State in which the 

19 community is located under section 603(i)(2).’’. 

20 SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN 

21 FUNDS. 

22 (a) EXTENDED PAYMENT PERIOD.—Section 

23 603(d)(1) of the Federal Water Pollution Control Act (33 

24 U.S.C. 1383(d)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘20 

2 years;’’ and inserting the following: ‘‘the lesser of— 

3 ‘‘(i) the design life of the project to be 

4 financed using the proceeds of the loan; or 

5 ‘‘(ii) 30 years;’’; and 

6 (2) in subparagraph (B), by striking ‘‘not later 

7 than 20 years after project completion’’ and insert8 ing ‘‘on the expiration of the term of the loan’’. 

9 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

10 SMALL SYSTEMS.—Section 603(d) of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1383(d)) is amended— 

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

13 end; 

14 (2) in paragraph (7), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(8) with respect to municipalities and inter18 municipal, interstate, and State agencies seeking as19 sistance under this title that serve a population of 

20 20,000 or fewer, to provide to owners and operators 

21 of small treatment works, in an amount not to ex22 ceed 2 percent of the amount of total grant awards 

23 made under this title— 

24 ‘‘(A) technical and planning assistance; 

25 and 


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1 ‘‘(B) assistance relating to— 

2 ‘‘(i) financial management; 

3 ‘‘(ii) user fee analysis; 

4 ‘‘(iii) budgeting; 

5 ‘‘(iv) capital improvement planning; 

6 ‘‘(v) facility operation and mainte7 nance; 

8 ‘‘(vi) repair schedules; and 

9 ‘‘(vii) other activities to improve 

10 wastewater treatment plant management 

11 and operations.’’. 

12 (c) ADDITIONAL SUBSIDIZATION.—Section 603 of the 

13 Federal Water Pollution Control Act (33 U.S.C. 1383) is 

14 amended by adding at the end the following: 

15 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

16 ‘‘(1) IN GENERAL.—In any case in which a 

17 State provides assistance to a municipality or an 

18 intermunicipal, interstate, or State agency under 

19 subsection (d), the State may provide additional sub20 sidization, including forgiveness of principal and 

21 negative interest loans— 

22 ‘‘(A) to benefit a municipality that— 

23 ‘‘(i) meets the affordability criteria of 

24 the State established under paragraph (2); 

25 or 


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1 ‘‘(ii) does not meet the criteria estab2 lished under paragraph (2), if the munici3 pality— 

4 ‘‘(I) seeks additional subsidiza5 tion to benefit individual ratepayers in 

6 the residential user rate class; 

7 ‘‘(II) demonstrates to the State 

8 that the ratepayers described in sub9 clause (I) will experience a significant 

10 hardship on the increase in rates re11 quired to finance the project or activ12 ity for which the assistance is sought; 

13 and 

14 ‘‘(III) ensures, as part of an 

15 agreement between the State and the 

16 recipient, that the additional sub17 sidization provided under this para18 graph will be directed to those rate19 payers through a user charge rate sys20 tem (or another appropriate method); 

21 and 

22 ‘‘(B) to implement alternative processes, 

23 materials, and techniques (including non24 structural protection of surface waters, new or 

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1 lutant trading) that may result in cost savings 

2 or increased environmental benefit when com3 pared to standard processes, materials, and 

4 techniques. 

5 ‘‘(2) AFFORDABILITY CRITERIA.— 

6 ‘‘(A) ESTABLISHMENT.— 

7 ‘‘(i) IN GENERAL.—Not later than 

8 September 30, 2007, after providing notice 

9 and an opportunity for public comment, a 

10 State shall establish affordability criteria 

11 to assist the State in identifying munici12 palities that would experience a significant 

13 hardship on the increase in rates required 

14 to finance a project or activity that is eligi15 ble for assistance under subsection (c)(1) if 

16 additional subsidization under paragraph 

17 (1) is not provided. 

18 ‘‘(ii) FACTORS FOR CONSIDER19 ATION.—In establishing criteria under 

20 clause (i), a State shall take into consider21 ation— 

22 ‘‘(I) income data; 

23 ‘‘(II) population trends; and 

24 ‘‘(III) any other data the State 

25 determines to be relevant. 


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1 ‘‘(B) EXISTING CRITERIA.—If a State has 

2 established, after providing notice and an op3 portunity for public comment, criteria in ac4 cordance with subparagraph (A) before the date 

5 of enactment of this subsection, the criteria 

6 shall be considered to be affordability criteria 

7 established under that subparagraph. 

8 ‘‘(C) INFORMATION TO ASSIST STATES.— 

9 The Administrator may publish information to 

10 assist States in establishing affordability cri11 teria under subparagraph (A). 

12 ‘‘(3) PRIORITY.—In providing assistance under 

13 this subsection, a State may give priority to any 

14 owner or operator of a project or activity that— 

15 ‘‘(A) is eligible to receive funding under 

16 subsection (c)(1); and 

17 ‘‘(B) is located in a municipality that 

18 meets the affordability criteria established 

19 under paragraph (2). 

20 ‘‘(4) SET-ASIDE.— 

21 ‘‘(A) IN GENERAL.—For any fiscal year 

22 during which more than $1,400,000,000 is 

23 made available to the Administrator to carry 

24 out this title, a State shall provide additional 

25 subsidization under this subsection in the 


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1 amount described in subparagraph (B) to enti2 ties described in paragraph (1) for projects and 

3 activities identified in the intended use plan of 

4 the State under section 606(c) on receipt of an 

5 application for additional subsidization. 

6 ‘‘(B) AMOUNT.—The amount referred to in 

7 subparagraph (A) is an amount not less than 

8 25 percent of the difference between— 

9 ‘‘(i) the total amount that would have 

10 been allotted to the State under section 

11 604 during the appropriate fiscal year, if 

12 the amount made available to the Adminis13 trator to carry out this title during that 

14 fiscal year was equal to $1,400,000,000; 

15 and 

16 ‘‘(ii) the total amount allotted to the 

17 State under section 604 for that fiscal 

18 year. 

19 ‘‘(5) LIMITATION.—The total amount of addi20 tional subsidization provided by a State under this 

21 subsection shall not exceed 30 percent of the total 

22 amount of capitalization grants received by the State 

23 under this title for fiscal years beginning after Sep24 tember 30, 2006.’’. 


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1 SEC. 204. ALLOTMENT OF FUNDS. 

2 (a) IN GENERAL.—Section 604 of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1384) is amended by 

4 striking subsection (a) and inserting the following: 

5 ‘‘(a) ALLOTMENTS.— 

6 ‘‘(1) FISCAL YEARS 2010 AND 2011.—Amounts 

7 made available to carry out this title for fiscal years 

8 2010 and 2011 shall be allotted by the Adminis9 trator in accordance with the formula used to cal10 culate allotments for fiscal year 2009. 

11 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

12 Amounts made available to carry out this title for 

13 fiscal year 2012 and each fiscal year thereafter shall 

14 be allotted by the Administrator during each fiscal 

15 year— 

16 ‘‘(A) for amounts up to $1,350,000,000, in 

17 accordance with the formula used to calculate 

18 allotments for fiscal year 2007; and 

19 ‘‘(B) for any amount in excess of 

20 $1,350,000,000, in accordance with the formula 

21 developed by the Administrator under sub22 section (d).’’. 

23 (b) PLANNING ASSISTANCE.—Section 604(b) of the 

24 Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 

25 is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per26 cent’’. 


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1 (c) FORMULA.—Section 604 of the Federal Water 

2 Pollution Control Act (33 U.S.C. 1384) is amended by 

3 adding at the end the following: 

4 ‘‘(d) FORMULA BASED ON WATER QUALITY

5 NEEDS.—Not later than September 30, 2009, after pro6 viding notice and an opportunity for public comment, the 

7 Administrator shall publish an allotment formula for pur8 poses of subsection (a)(2)(B) based on water quality 

9 needs, to be determined by the Administrator in accord10 ance with the most recent survey of needs developed by 

11 the Administrator under section 516.’’. 

12 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 607 of the Federal Water Pollution Control 

14 Act (33 U.S.C. 1387) is amended to read as follows: 

15 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to carry out 

17 this title— 

18 ‘‘(1) $2,000,000,000 for fiscal year 2010; 

19 ‘‘(2) $3,000,000,000 for fiscal year 2011; 

20 ‘‘(3) $4,000,000,000 for fiscal year 2012; 

21 ‘‘(4) $5,000,000,000 for fiscal year 2013; and 

22 ‘‘(5) $6,000,000,000 for fiscal year 2014.’’. 


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1 TITLE III—AREAS OF CONCERN 

2 SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN 

3 AREAS OF CONCERN. 

4 Section 118(c)(12)(H) of the Federal Water Pollu5 tion Control Act (33 U.S.C. 1268(c)(12)(H)) is amended 

6 by striking clause (i) and inserting the following: 

7 ‘‘(i) IN GENERAL.—In addition to 

8 other amounts authorized to be appro9 priated to carry out this section, there is 

10 authorized to be appropriated to carry out 

11 this paragraph $150,000,000 for each of 

12 fiscal years 2010 through 2015.’’. 

13 TITLE IV—TOXIC SUBSTANCES 

14 SEC. 401. MERCURY REDUCTION GRANTS. 

15 Section 118(c) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

17 end the following: 

18 ‘‘(14) MERCURY REDUCTION GRANTS.— 

19 ‘‘(A) IN GENERAL.—The Program Office 

20 shall provide grants to Great Lakes States and 

21 Indian tribes in Great Lakes States to carry 

22 out projects— 

23 ‘‘(i) to reduce the quantity of mercury 

24 in the Great Lakes; and 


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1 ‘‘(ii) to identify emerging contami2 nants in the Great Lakes. 

3 ‘‘(B) APPLICATION.—Each Great Lake 

4 State or Indian tribe that seeks a grant under 

5 this paragraph shall submit an application to 

6 the Program Office at such time, in such man7 ner, and accompanied by or containing any in8 formation that the Program Office may require. 

9 ‘‘(C) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appropriated 

11 to carry out this paragraph $10,000,000 for 

12 each of fiscal years 2010 through 2014.’’. 

13 TITLE V—INDICATORS AND 

14 INFORMATION 

15 Subtitle A—Research Program 

16 SEC. 501. RESEARCH REAUTHORIZATIONS. 

17 Section 118 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1268) is amended— 

19 (1) in subsection (d)— 

20 (A) by striking paragraph (2); 

21 (B) by redesignating paragraphs (3) 

22 through (7) as paragraphs (2) through (6), re23 spectively; and 

24 (C) in paragraph (5) (as redesignated by 

25 subparagraph (B)), by striking ‘‘which address 


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1 priority issues and current needs relating to the 

2 Great Lakes’’ and inserting ‘‘in accordance with 

3 the joint research and monitoring plan under 

4 subsection (e)’’; and 

5 (2) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(e) RESEARCH AND MANAGEMENT COORDINA8 TION.— 

9 ‘‘(1) JOINT PLAN.— 

10 ‘‘(A) IN GENERAL.—Not later than Sep11 tember 30 of each year, the Program Office, 

12 the Research Office, and the Great Lakes 

13 Science Center shall prepare and submit to the 

14 Executive Committee of the Regional Collabora15 tion a joint research and monitoring plan for 

16 the fiscal year that begins in the following cal17 endar year. 

18 ‘‘(B) COLLABORATION.—The Program Of19 fice, the Research Office, and the Great Lakes 

20 Science Center shall consult with other appro21 priate Federal and State agencies, academic in22 stitutions, and other groups conducting Great 

23 Lakes research and monitoring in preparing the 

24 plan described in subparagraph (A). 


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1 ‘‘(C) SUBMISSION TO CONGRESS.—The 

2 President shall include the plan described in 

3 subparagraph (A) in the annual budget of the 

4 United States Government submitted to Con5 gress by the President. 

6 ‘‘(2) CONTENTS OF PLAN.—Each plan prepared 

7 under paragraph (1) shall— 

8 ‘‘(A) identify all proposed research dedi9 cated to activities carried out under the Great 

10 Lakes Water Quality Agreement and any other 

11 applicable agreements and amendments; 

12 ‘‘(B) include the assessment of the Re13 gional Collaboration of priorities for research 

14 needed to fulfill the terms of those agreements; 

15 and 

16 ‘‘(C) identify all proposed research that 

17 may be used to develop a comprehensive envi18 ronmental data base for the Great Lakes Sys19 tem and establish priorities for development of 

20 the data base.’’. 

21 SEC. 502. GREAT LAKES SCIENCE CENTER. 

22 There is authorized to be appropriated to the Direc23 tor of the United States Geological Survey, for use by the 

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1 entific information for restoring, enhancing, managing, 

2 and protecting the living marine resources and habitats 

3 in the Great Lakes basin ecosystem $25,000,000 for each 

4 of fiscal years 2010 through 2014. 

5 SEC. 503. CENTER FOR SPONSOR COASTAL OCEAN RE6 SEARCH. 

7 There is authorized to be appropriated to the Direc8 tor of the Center for Sponsored Coastal Ocean Research 

9 of the National Oceanic and Atmospheric Administration, 

10 for use by the Center, to carry out a program to provide 

11 grants to academic institutions, State agencies, and other 

12 appropriate groups to carry out activities, in accordance 

13 with the joint research and monitoring plan developed 

14 under section 118(e) of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1268(e)), that advance scientific 

16 knowledge and provide scientific information for restoring, 

17 enhancing, managing, and protecting the living marine re18 sources and habitats in the Great Lakes basin ecosystem 

19 $25,000,000 for each of fiscal years 2010 through 2014. 

20 SEC. 504. GREAT LAKES ENVIRONMENTAL RESEARCH LAB21 ORATORY. 

22 Section 118 of the Federal Water Pollution Control 

23 Act (33 U.S.C. 1268) is amended by striking subsection 

24 (h) and inserting the following: 


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1 ‘‘(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $105,000,0000 for each of fiscal years 2010 through 

4 2014, of which, for each fiscal year— 

5 ‘‘(1) $40,000,000 shall be made available to the 

6 Program Office; and 

7 ‘‘(2) $15,000,000 shall be made available to the 

8 Great Lakes Environmental Research Laboratory.’’. 

9 Subtitle B—Ocean and Coastal 

10 Observation System 

11 SEC. 511. DEFINITIONS. 

12 In this subtitle: 

13 (1) COUNCIL.—The term ‘‘Council’’ means the 

14 National Ocean Research Leadership Council. 

15 (2) GREAT LAKE.—The term ‘‘Great Lake’’ 

16 means— 

17 (A) Lake Erie; 

18 (B) Lake Huron (including Lake Saint 

19 Clair); 

20 (C) Lake Michigan; 

21 (D) Lake Ontario; 

22 (E) Lake Superior; and 

23 (F) the connecting channels of those 

24 Lakes, including— 

25 (i) the Saint Marys River; 


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1 (ii) the Saint Clair River; 

2 (iii) the Detroit River; 

3 (iv) the Niagara River; and 

4 (v) the Saint Lawrence River to the 

5 Canadian border. 

6 (3) OBSERVING SYSTEM.—The term ‘‘observing 

7 system’’ means the integrated coastal, ocean, and 

8 Great Lakes observing system to be established by 

9 the Committee under section 512(a). 

10 (4) INTERAGENCY PROGRAM OFFICE.—The 

11 term ‘‘interagency program office’’ means the office 

12 established under section 512(d). 

13 SEC. 512. INTEGRATED OCEAN AND COASTAL OBSERVING 

14 SYSTEM. 

15 (a) ESTABLISHMENT.— 

16 (1) IN GENERAL.—The President, acting 

17 through the Council, shall establish and maintain an 

18 integrated system of ocean and coastal observations, 

19 data communication and management, analysis, 

20 modeling, research, education, and outreach de21 signed to provide data and information for the time22 ly detection and prediction of changes occurring in 

23 the ocean, coastal, and Great Lakes environment 

24 that impact the social, economic, and ecological sys25 tems of the United States. 


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1 (2) PURPOSES.—The observing system shall 

2 provide for long-term, continuous, and quality-con3 trolled observations of the coasts, oceans, and Great 

4 Lakes so as to— 

5 (A) improve the health of the coasts, 

6 oceans, and Great Lakes of the United States; 

7 (B) protect human lives and livelihoods 

8 from hazards, including tsunamis, hurricanes, 

9 coastal erosion, and fluctuating Great Lakes 

10 water levels; 

11 (C) understand the effects of human activi12 ties and natural variability on the state of the 

13 coasts, oceans, and Great Lakes and the socio14 economic well-being of the United States; 

15 (D) provide for the sustainable use, protec16 tion, and enjoyment of ocean, coastal, and 

17 Great Lakes resources; 

18 (E) provide information that can support 

19 the eventual implementation and refinement of 

20 ecosystem-based management; 

21 (F) supply critical information to marine22 related businesses, including aquaculture and 

23 fisheries; and 

24 (G) support research and development to— 


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1 (i) ensure continuous improvement to 

2 ocean, coastal, and Great Lakes observa3 tion measurements; and 

4 (ii) enhance understanding of the 

5 ocean, coastal, and Great Lakes resources 

6 of the United States. 

7 (b) SYSTEM ELEMENTS.—To carry out the purposes 

8 of this subtitle, the observing system shall consist of— 

9 (1) a national program to fulfill national obser10 vation priorities, including the ocean contribution of 

11 the United States to the Global Earth Observation 

12 System of Systems and the Global Ocean Observing 

13 System; 

14 (2) a network of regional associations to man15 age the regional ocean and coastal observing and in16 formation programs that collect, measure, and dis17 seminate data and information products to meet re18 gional needs; 

19 (3) a data management and dissemination sys20 tem for the timely integration and dissemination of 

21 data and information products from the national 

22 and regional systems; 

23 (4) a research and development program con24 ducted under the guidance of the Council; and 


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1 (5) an outreach, education, and training pro2 gram that augments existing programs, including 

3 the National Sea Grant College Program, the Cen4 ters for Ocean Sciences Education Excellence pro5 gram, and the National Estuarine Research Reserve 

6 System, to ensure the use of the data and informa7 tion for— 

8 (A) improving public education and aware9 ness of the oceans of the United States; and 

10 (B) building the technical expertise re11 quired to operate and improve the observing 

12 system. 

13 (c) COUNCIL FUNCTIONS.—In carrying out this sec14 tion, the Council shall— 

15 (1) serve as the oversight body for the design 

16 and implementation of all aspects of the observing 

17 system; 

18 (2) adopt plans, budgets, and standards that 

19 are developed and maintained by the interagency 

20 program office in consultation with the regional as21 sociations; 

22 (3) coordinate the observing system with other 

23 earth observing activities, including the Global 

24 Ocean Observing System and the Global Earth Ob25 serving System of Systems; 


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1 (4) coordinate and administer programs of re2 search, development, education, and outreach to— 

3 (A) support improvements to, and the op4 eration of, an integrated ocean and coastal ob5 serving system; and 

6 (B) advance the understanding of the 

7 oceans; 

8 (5) establish pilot projects to develop technology 

9 and methods for advancing the development of the 

10 observing system; 

11 (6) provide, as appropriate, support for and 

12 representation on United States delegations to inter13 national meetings on ocean and coastal observing 

14 programs; and 

15 (7) in consultation with the Secretary of State, 

16 coordinate relevant Federal activities with those of 

17 other nations. 

18 (d) INTERAGENCY PROGRAM OFFICE.— 

19 (1) IN GENERAL.—The Council shall establish 

20 an interagency program office to be known as ‘‘Oce21 anUS’’. 

22 (2) RESPONSIBILITIES.—The interagency pro23 gram office shall be responsible for program plan24 ning and coordination of the observing system. 


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1 (3) REQUIREMENTS.—The interagency program 

2 office shall— 

3 (A) prepare annual and long-term plans 

4 for consideration by the Council for the design 

5 and implementation of the observing system 

6 that promote collaboration among Federal 

7 agencies and regional associations in developing 

8 the global and national observing systems, in9 cluding identification and refinement of a core 

10 set of variables to be measured by all systems; 

11 (B) coordinate the development of agency 

12 priorities and budgets for implementation of the 

13 observing system, including budgets for the re14 gional associations; 

15 (C) establish and refine standards and pro16 tocols for data management and communica17 tions, including quality standards, in consulta18 tion with participating Federal agencies and re19 gional associations; 

20 (D) develop a process for the certification 

21 and periodic review and recertification of the re22 gional associations; 

23 (E) establish an external technical com24 mittee to provide biennial review of the observ25 ing system; and 


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1 (F) provide for opportunities to partner or 

2 contract with private sector companies in de3 ploying ocean observation system elements. 

4 (e) LEAD FEDERAL AGENCY.— 

5 (1) IN GENERAL.—The National Oceanic and 

6 Atmospheric Administration shall be the lead Fed7 eral agency for implementation and operation of the 

8 observing system. 

9 (2) REQUIREMENTS.—Based on the plans pre10 pared by the interagency program office and adopted 

11 by the Council, the Administrator of the National 

12 Oceanic and Atmospheric Administration shall— 

13 (A) coordinate implementation, operation, 

14 and improvement of the observing system; 

15 (B) establish efficient and effective admin16 istrative procedures for allocation of funds 

17 among Federal agencies and regional associa18 tions in a timely manner and according to the 

19 budget adopted by the Council; 

20 (C) implement and maintain appropriate 

21 elements of the observing system; 

22 (D) provide for the migration of scientific 

23 and technological advances from research and 

24 development to operational deployment; 


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1 (E) integrate and extend existing programs 

2 and pilot projects into the operational observa3 tion system; 

4 (F) certify regional associations that meet 

5 the requirements of subsection (f); and 

6 (G) integrate the capabilities of the Na7 tional Coastal Data Development Center and 

8 the Coastal Services Center of the National 

9 Oceanic and Atmospheric Administration, and 

10 other appropriate centers, into the observing 

11 system to assimilate, manage, disseminate, and 

12 archive data from regional observation systems 

13 and other observation systems. 

14 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST15 AL OBSERVING SYSTEMS.— 

16 (1) IN GENERAL.—The Administrator of the 

17 National Oceanic and Atmospheric Administration 

18 may certify 1 or more regional associations to be re19 sponsible for the development and operation of re20 gional ocean and coastal observing systems to meet 

21 the information needs of user groups in the region 

22 while adhering to national standards. 

23 (2) REQUIREMENTS.—To be certifiable by the 

24 Administrator, a regional association shall— 


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1 (A) demonstrate an organizational struc2 ture capable of supporting and integrating all 

3 aspects of ocean and coastal observing and in4 formation programs within a region; 

5 (B) operate under a strategic operations 

6 and business plan that details the operation and 

7 support of regional ocean and coastal observing 

8 systems in accordance with the standards estab9 lished by the Council; 

10 (C) provide information products for mul11 tiple users in the region; 

12 (D) work with governmental entities and 

13 programs at all levels within the region to pro14 vide timely warnings and outreach to protect 

15 the public; and 

16 (E) meet certification standards developed 

17 by the interagency program office in conjunc18 tion with the regional associations and approved 

19 by the Council. 

20 (g) PROHIBITION ON LOBBYING.—Nothing in this 

21 subtitle authorizes a regional association to engage in lob22 bying activities (as defined in section 3 of the Lobbying 

23 Disclosure Act of 1995 (2 U.S.C. 1602)). 

24 (h) CIVIL LIABILITY.—For purposes of section 

25 1346(b)(1) and chapter 171 of title 28, United States 


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1 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

2 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

3 et seq.)— 

4 (1) any regional ocean and coastal observing 

5 system that is a designated part of a regional asso6 ciation certified under this section shall, in carrying 

7 out the purposes of this subtitle, be considered to be 

8 part of the National Oceanic and Atmospheric Ad9 ministration; and 

10 (2) any employee of that system, while acting 

11 within the scope of the employment of the employee, 

12 carrying out those purposes, shall be considered to 

13 be an employee of the Federal Government. 

14 SEC. 513. RESEARCH, DEVELOPMENT, AND EDUCATION. 

15 The Council shall establish programs for research, 

16 development, education, and outreach for the ocean and 

17 coastal observing system, including projects under the Na18 tional Oceanographic Partnership Program, consisting 

19 of— 

20 (1) basic research to advance knowledge of 

21 ocean and coastal systems and ensure continued im22 provement of operational products, including related 

23 infrastructure and observing technology; 


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1 (2) focused research projects to improve under2 standing of the relationship between the coasts and 

3 oceans and human activities; 

4 (3) large-scale computing resources and re5 search to advance modeling of ocean and coastal 

6 processes; and 

7 (4) a coordinated effort to build public edu8 cation and awareness of the ocean and coastal envi9 ronment and functions that integrates ongoing ac10 tivities, including the National Sea Grant College 

11 Program, the Centers for Ocean Sciences Education 

12 Excellence, and the National Estuarine Research 

13 Reserve System. 

14 SEC. 514. INTERAGENCY FINANCING. 

15 (a) IN GENERAL.—The departments and agencies 

16 represented on the Council may participate in interagency 

17 financing and share, transfer, receive, obligate, and ex18 pend funds appropriated to any member of the Council 

19 to carry out any administrative or programmatic project 

20 or activity under this subtitle or under the National 

21 Oceanographic Partnership Program, including support 

22 for the interagency program office, a common infrastruc23 ture, and system integration for a ocean and coastal ob24 serving system. 


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1 (b) TRANSFER OF FUNDS.—Funds may be trans2 ferred among the departments and agencies described in 

3 subsection (a) through an appropriate instrument that 

4 specifies the goods, services, or space being acquired from 

5 another Council member and the costs of the same. 

6 SEC. 515. APPLICATION WITH OUTER CONTINENTAL SHELF 

7 LANDS ACT. 

8 Nothing in this subtitle supersedes, or limits the au9 thority of the Secretary of the Interior under, the Outer 

10 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

11 SEC. 516. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated to the National Oceanic and Atmospheric Adminis14 tration to carry out the observing system under section 

15 512 and the research and development program under sec16 tion 513 (including financial assistance to the interagency 

17 program office, the regional associations for the implemen18 tation of regional ocean and coastal observing systems, 

19 and the departments and agencies represented on the 

20 Council) $150,000,000 for each of fiscal years 2010 

21 through 2014, to remain available until expended. 

22 (b) ALLOCATION OF FUNDS.—At least 50 percent of 

23 the funds appropriated to carry out the observing system 

24 under section 512 shall be allocated to the regional assoVerDate Nov 24 2008 05:48 Jan 15, 2009 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237

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1 ciations certified under section 512(f) to carry out regional 

2 ocean and coastal observing systems. 

3 SEC. 517. REPORTING REQUIREMENT. 

4 (a) IN GENERAL.—Not later than March 31, 2011, 

5 the President, acting through the Council, shall submit to 

6 Congress a report on the programs established under sec7 tions 512 and 513. 

8 (b) REQUIREMENTS.—The report shall include— 

9 (1) a description of activities carried out under 

10 the programs; 

11 (2) an evaluation of the effectiveness of the pro12 grams; and 

13 (3) recommendations concerning reauthoriza14 tion of the programs and funding levels for the pro15 grams in succeeding fiscal years. 

16 Subtitle C—Great Lakes Water 

17 Quality Indicators and Monitoring 

18 SEC. 521. GREAT LAKES WATER QUALITY INDICATORS AND 

19 MONITORING. 

20 Section 118(c)(1) of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1268(c)(1)) is amended by strik22 ing subparagraph (B) and inserting the following: 

23 ‘‘(B)(i) not later than 2 years after the 

24 date of enactment of this clause, in cooperation 

25 with Canada and appropriate Federal agencies 


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1 (including the United States Geological Survey, 

2 the National Oceanic and Atmospheric Admin3 istration, and the United States Fish and Wild4 life Service), develop and implement a set of 

5 science-based indicators of water quality and re6 lated environmental factors in the Great Lakes, 

7 including, at a minimum, measures of toxic pol8 lutants that have accumulated in the Great 

9 Lakes for a substantial period of time, as deter10 mined by the Program Office; 

11 ‘‘(ii) not later than 4 years after the date 

12 of enactment of this clause— 

13 ‘‘(I) establish a Federal network for 

14 the regular monitoring of, and collection of 

15 data throughout, the Great Lakes basin 

16 with respect to the indicators described in 

17 clause (i); and 

18 ‘‘(II) collect an initial set of bench19 mark data from the network; and 

20 ‘‘(iii) not later than 2 years after the date 

21 of collection of the data described in clause 

22 (ii)(II), and biennially thereafter, in addition to 

23 the report required under paragraph (10), sub24 mit to Congress, and make available to the pub25 lic, a report that— 


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1 ‘‘(I) describes the water quality and 

2 related environmental factors of the Great 

3 Lakes (including any changes in those fac4 tors), including a description of ways in 

5 which the factors relate to restoration pri6 orities provided by the Great Lakes Re7 gional Collaboration Executive Committee, 

8 as determined through the regular moni9 toring of indicators under clause (ii)(I) for 

10 the period covered by the report; and 

11 ‘‘(II) identifies any emerging problems 

12 in the water quality or related environ13 mental factors of the Great Lakes;’’. 

14 TITLE VI—SUSTAINABLE 

15 DEVELOPMENT 

16 SEC. 601. WATERFRONT RESTORATION AND REMEDIATION 

17 PROJECTS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) RELATED AREA.—The term ‘‘related area’’ 

20 means land— 

21 (A) located adjacent to, or in close prox22 imity of, a waterfront area; and 

23 (B) that impacts or influences a waterfront 

24 area or an aquatic habitat. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Commerce, acting through the 

3 Under Secretary for Oceans and Atmosphere. 

4 (3) WATERFRONT AREA.—The term ‘‘water5 front area’’ means a site located adjacent to a lake, 

6 river, stream, wetland, or floodplain of the United 

7 States. 

8 (b) APPLICATION.—An individual or entity that seeks 

9 to receive assistance under this section shall submit to the 

10 Secretary an application for the assistance in such form, 

11 by such time, and containing such information as the Sec12 retary may require. 

13 (c) JUSTIFICATION AND PURPOSE.— 

14 (1) JUSTIFICATION.—The Secretary may pro15 vide assistance to eligible recipients in financing a 

16 restoration or remediation project only if the Sec17 retary finds that the proposed project addresses con18 cerns relating to— 

19 (A) public health; 

20 (B) public safety; 

21 (C) environmental improvements; or 

22 (D) economic improvements. 

23 (2) PURPOSE.—An eligible recipient of assist24 ance may use assistance made available under this 


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1 section to complete a restoration or remediation 

2 project for the purpose of— 

3 (A) improving the surrounding ecosystem; 

4 or 

5 (B) preparing land for redevelopment by 

6 Federal, State, or local agencies, or private en7 tities. 

8 (d) COST SHARING.— 

9 (1) GENERAL ASSISTANCE.— 

10 (A) IN GENERAL.—Except as otherwise 

11 provided in this subsection, the Federal share of 

12 the cost of carrying out a restoration or remedi13 ation project under this section shall not exceed 

14 65 percent, as determined by the Secretary. 

15 (B) INNOVATIVE TECHNOLOGY.—The Fed16 eral share of the cost of carrying out a restora17 tion or remediation project under this section 

18 that involves conducting a pilot project to test 

19 a demonstration or innovative technology shall 

20 not exceed 85 percent, as determined by the 

21 Secretary. 

22 (2) OPERATION AND MAINTENANCE.—The non23 Federal share of operation and maintenance costs 

24 for a restoration or remediation project under this 

25 section shall be 100 percent. 


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1 (3) CREDIT FOR WORK-IN-KIND CONSIDER2 ATIONS.—In determining the amount of a contribu3 tion made by a non-Federal interest under this sec4 tion, the non-Federal interest shall receive credit 

5 equal to 100 percent of the value of any land, ease6 ments, rights-of-way, and relocations, and the rea7 sonable cost of services, studies, and supplies, con8 tributed toward the non-Federal share of project 

9 costs. 

10 (4) LIABILITY OF FEDERAL GOVERNMENT.— 

11 The eligible recipient shall hold the United States 

12 harmless from any claim or damage that may arise 

13 from carrying out the restoration or remediation 

14 project under this section, except any claim or dam15 age that may arise from the negligence of the Fed16 eral Government or a contractor of the Federal Gov17 ernment. 

18 (e) FUNDING LIMITATION PER PROJECT.—Of the 

19 funds provided under this section, not more than 

20 $5,000,000 may be allocated for an individual restoration 

21 or rehabilitation project. 


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1 SEC. 602. AUTHORITY OF SECRETARY TO RESTORE AND RE2 MEDIATE WATERFRONT AND RELATED 

3 AREAS. 

4 The Secretary, in consultation with appropriate Fed5 eral, State, and local agencies, is authorized to restore and 

6 remediate waterfront and related areas, including site 

7 characterization, planning, design, construction, and mon8 itoring. 

9 SEC. 603. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to the Sec11 retary to carry out this title $50,000,000 for fiscal year 

12 2010 and each subsequent fiscal year. 

13 TITLE VII—COORDINATION AND 

14 OVERSIGHT 

15 SEC. 701. DEFINITIONS. 

16 In this title: 

17 (1) COLLABORATION.—The term ‘‘Collabora18 tion’’ means the Great Lakes Regional Collaboration 

19 established by section 704(a). 

20 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec21 utive Committee’’ means the Great Lakes Regional 

22 Collaboration Executive Committee established by 

23 section 703(a). 

24 (3) EXECUTIVE ORDER.—The term ‘‘Executive 

25 order’’ means Executive Order No. 13340 (33 

26 U.S.C. 1268 note; relating to establishment of Great 


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1 Lakes Interagency Task Force and promotion of re2 gional collaboration of national significance for 

3 Great Lakes). 

4 (4) GREAT LAKE.—The term ‘‘Great Lake’’ 

5 means— 

6 (A) Lake Erie; 

7 (B) Lake Huron (including Lake Saint 

8 Clair); 

9 (C) Lake Michigan; 

10 (D) Lake Ontario; 

11 (E) Lake Superior; and 

12 (F) the connecting channels of those 

13 Lakes, including— 

14 (i) the Saint Marys River; 

15 (ii) the Saint Clair River; 

16 (iii) the Detroit River; 

17 (iv) the Niagara River; and 

18 (v) the Saint Lawrence River to the 

19 Canadian border. 

20 (5) GREAT LAKES CITY.—The term ‘‘Great 

21 Lakes city’’ means a city located in the watershed 

22 basin of a Great Lake. 

23 (6) GREAT LAKES STATE.—The term ‘‘Great 

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1 diana, Michigan, Minnesota, New York, Ohio, Penn2 sylvania, and Wisconsin. 

3 (7) GREAT LAKES TRIBE.—The term ‘‘Great 

4 Lakes tribe’’ means any Indian tribe, band, village, 

5 nation, or other organized group or community in 

6 the watershed basin of a Great Lake that is recog7 nized by the Bureau of Indian Affairs as eligible for 

8 the special programs and services provided by the 

9 United States to Indians because of their status as 

10 Indians. 

11 (8) SAINT LAWRENCE CITY.—The term ‘‘Saint 

12 Lawrence city’’ means a city located in the water13 shed basin of the Saint Lawrence River. 

14 (9) TASK FORCE.—The term ‘‘Task Force’’ 

15 means the Great Lakes Interagency Task Force es16 tablished by section 702(a). 

17 SEC. 702. GREAT LAKES INTERAGENCY TASK FORCE. 

18 (a) INTERAGENCY COORDINATION.—The Great 

19 Lakes Interagency Task Force, as established by the Ex20 ecutive order for administrative purposes, is established 

21 as a task force within the Environmental Protection Agen22 cy. 

23 (b) DUTIES.—In addition to the duties described in 

24 the Executive order, the Task Force shall— 


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1 (1) ensure that implementation of programs 

2 and projects under the authority of Task Force 

3 members is coordinated, effective, and cost-efficient; 

4 (2) work in cooperation with Federal agencies 

5 on the development of budgets and financial plans 

6 regarding the Great Lakes for inclusion in annual 

7 submissions by the President to Congress of the 

8 budget of the United States; and 

9 (3) submit to Congress a biennial report that 

10 describes the projects and activities carried out by 

11 the Collaboration during the 2-year period covered 

12 by the report, including a description of— 

13 (A) any actions that Federal agencies can 

14 take to address the biennial restoration goals; 

15 (B) Federal expenditures to meet the res16 toration goals and the amount of non-Federal 

17 funding leveraged by those Federal expendi18 tures; and 

19 (C) the indicators and monitoring used to 

20 determine whether the goals will be met. 

21 SEC. 703. GREAT LAKES REGIONAL COLLABORATION EXEC22 UTIVE COMMITTEE. 

23 (a) IN GENERAL.—There is established a Great 

24 Lakes Regional Collaboration Executive Committee. 


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1 (b) COMPOSITION.—The Executive Committee shall 

2 be composed of— 

3 (1) the Chairperson of the Task Force; 

4 (2) a representative of the Governors of the 

5 Great Lakes States, as agreed on by the Governors; 

6 (3) a representative of the Great Lakes cities 

7 and Saint Lawrence cities, as agreed on by the ma8 jority of mayors of those cities; and 

9 (4) a designated representative for the Great 

10 Lakes tribes, as agreed on by those tribes. 

11 (c) DUTIES.—The Executive Committee shall— 

12 (1) hold semiannual public meetings to discuss 

13 Great Lakes restoration goals and progress; 

14 (2) receive input and consider recommendations 

15 from interested parties, including nongovernmental 

16 organizations, industry, and academia, with respect 

17 to proposed recommendations of the Executive Com18 mittee for restoration of the Great Lakes; and 

19 (3) submit to Congress and the Task Force a 

20 biennial report that includes— 

21 (A) an analysis of progress in— 

22 (i) carrying out restoration of the 

23 Great Lakes; and 

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1 tection strategy developed by the Great 

2 Lakes Regional Collaboration and under 

3 this Act; and 

4 (B) recommendations on future priorities 

5 and actions with respect to that restoration. 

6 (d) SUBCOMMITTEES.—The members of the Execu7 tive Committee may designate representatives to work as 

8 1 or more subcommittees to provide staff support and oth9 erwise assist in carrying out responsibilities of the Execu10 tive Committee relating to the Collaboration. 

11 SEC. 704. GREAT LAKES REGIONAL COLLABORATION. 

12 (a) IN GENERAL.—There is established the Great 

13 Lakes Regional Collaboration. 

14 (b) COMPOSITION.—The Collaboration shall be com15 posed of— 

16 (1) the members of the Executive Committee; 

17 and 

18 (2) each other individual and entity that noti19 fies the Executive Committee, in writing, of the de20 sire and intent of the individual or entity to partici21 pate in the Collaboration. 

22 (c) DUTIES.—The Collaboration shall— 

23 (1) develop and maintain as current a restora24 tion and protection strategy to provide information 


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1 for use in future Great Lakes program implementa2 tion and funding decisions; 

3 (2) serve as a forum for addressing near-term 

4 regional issues relating to ecosystem restoration and 

5 protection of the Great Lakes; and 

6 (3) establish an oversight forum to coordinate 

7 and enhance implementation of Great Lakes pro8 grams. 

9 SEC. 705. GREAT LAKES RESTORATION GRANTS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) BOARD.—The term ‘‘Board’’ means the 

12 Great Lakes Environmental Restoration Advisory 

13 Board established by subsection (c)(1). 

14 (2) PROGRAM OFFICE.—The term ‘‘Program 

15 Office’’ means the Great Lakes National Program 

16 Office of the Environmental Protection Agency. 

17 (b) GREAT LAKES ENVIRONMENTAL RESTORATION

18 GRANT PROGRAM.— 

19 (1) ESTABLISHMENT.—There is established a 

20 program, to be known as the ‘‘Great Lakes Environ21 mental Restoration Grant Program’’, to be adminis22 tered by the Program Office. 

23 (2) GRANTS.—The Program Office, in coordi24 nation with the Executive Committee, shall provide 

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1 cants grants for use in and around the Great Lakes 

2 in carrying out projects and activities for— 

3 (A) contaminated sediment cleanup; 

4 (B) wetland restoration; 

5 (C) invasive species control and prevention; 

6 (D) coastal wildlife and fisheries habitat 

7 improvement; 

8 (E) public access improvement; 

9 (F) water quality improvement; 

10 (G) sustainable water use; 

11 (H) nonpoint source pollution reduction; or 

12 (I) such other purposes to restore, protect, 

13 and assist the recovery of the Great Lakes, as 

14 the Board determines to be appropriate. 

15 (3) DISTRIBUTION.—In providing grants under 

16 this subsection for a fiscal year, the Program Office 

17 shall ensure that— 

18 (A) at least 1 project or activity is funded 

19 in each Great Lakes State for the fiscal year; 

20 (B) the amount of funds received by each 

21 Great Lakes State under this subsection for the 

22 fiscal year is at least 6 percent, but not more 

23 than 30 percent, of the total amount of funds 

24 made available for grants under this section for 

25 the fiscal year; 


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1 (C) each project or activity for which fund2 ing is provided results in 1 or more tangible im3 provements in the Great Lakes watershed; and 

4 (D) each project or activity for which fund5 ing is provided addresses 1 or more priority 

6 issue areas identified by the Board for the fiscal 

7 year. 

8 (4) EVALUATION OF APPLICATIONS.— 

9 (A) IN GENERAL.—In evaluating applica10 tions for grants under this subsection, the Pro11 gram Office shall give priority to the applica12 tions in accordance with such ranking system 

13 as the Executive Committee may establish. 

14 (B) NEGATIVE DETERMINATIONS.—If the 

15 Program Office determines not to provide a 

16 grant to an application ranked by the Executive 

17 Committee under subparagraph (A) as 1 of the 

18 top 10 applications, the Program Office shall 

19 submit to the Executive Committee a written 

20 statement explaining the reasons why the pro21 posal was not funded by not later than 30 days 

22 after the date of the determination. 

23 (5) PROHIBITED ACTIVITIES.—A grant provided 

24 under this subsection shall not be used for— 


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1 (A) design, construction, or improvement 

2 of a road, except as required in connection with 

3 a sewer upgrade; 

4 (B) design, implementation, or evaluation 

5 of a research or monitoring project or activity, 

6 except as required in connection with a project 

7 or activity that will result in a tangible improve8 ment to the Great Lakes watershed; 

9 (C) design or implementation of a beautifi10 cation project or activity that does not result in 

11 a tangible improvement to the Great Lakes wa12 tershed; 

13 (D) litigation expenses, including for any 

14 legal action to address a violation of the Fed15 eral Water Pollution Control Act (33 U.S.C. 

16 1251 et seq.), the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.), or any other en18 vironmental law or regulation; or 

19 (E) lobbying activities (as defined in sec20 tion 3 of the Lobbying Disclosure Act of 1995 

21 (2 U.S.C. 1602)). 

22 (6) FUNDING.— 

23 (A) AUTHORIZATION OF APPROPRIA24 TIONS.—There is authorized to be appropriated 


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1 to carry out this subsection $50,000,000 for 

2 each of fiscal years 2010 through 2015. 

3 (B) COST SHARING.—The Federal share of 

4 the cost of any project or activity carried out 

5 using funds made available under this sub6 section shall not exceed 80 percent. 

7 (C) IN-KIND CONTRIBUTIONS.—The non8 Federal share of the cost of any project or ac9 tivity carried out using funds made available 

10 under this subsection may be provided in cash 

11 or in kind. 

12 (c) GREAT LAKES ENVIRONMENTAL RESTORATION

13 ADVISORY BOARD.— 

14 (1) ESTABLISHMENT.—There is established a 

15 board, to be known as the ‘‘Great Lakes Environ16 mental Restoration Advisory Board’’. 

17 (2) MEMBERSHIP.— 

18 (A) IN GENERAL.—The Board shall be 

19 composed of 15 members (or designees of the 

20 members), to be appointed by the Executive 

21 Committee, of whom— 

22 (i) 5 shall be representatives of envi23 ronmental organizations; 


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1 (ii) 5 shall be representatives of in2 dustry, to be selected by the chairperson of 

3 the Board; 

4 (iii) 1 shall be a representative of Ca5 nadian interests; and 

6 (iv) 4 shall be representatives of other 

7 interests, such as recreational boating, 

8 fishing, birding, and academia. 

9 (B) DATE OF APPOINTMENTS.—The ap10 pointment of each member of the Board shall 

11 be made not later than 90 days after the date 

12 of enactment of this Act. 

13 (C) TERM; VACANCIES.— 

14 (i) TERM.—A member of the Board 

15 shall be appointed for 5 years. 

16 (ii) VACANCIES.—A vacancy on the 

17 Board— 

18 (I) shall not affect the powers of 

19 the Board; and 

20 (II) shall be filled in the same 

21 manner as the original appointment 

22 was made. 

23 (D) MEETINGS.—The Board shall meet at 

24 the call of the chairperson. 


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1 (E) CHAIRPERSON.—The Board shall se2 lect a chairperson of the Board from the mem3 bers appointed under subparagraph (A)(i). 

4 (3) DUTIES.— 

5 (A) DETERMINATION OF FUNDING PRI6 ORITY ISSUE AREAS.— 

7 (i) IN GENERAL.—Not later than Sep8 tember 30, 2009, and annually thereafter, 

9 the Board shall— 

10 (I) determine, by majority vote in 

11 accordance with clause (ii), the fund12 ing priority issue areas that shall 

13 apply to all grants provided under 

14 subsection (b) during the following 

15 fiscal year; and 

16 (II) submit to the Executive 

17 Committee a report describing the de18 termination. 

19 (ii) GREAT LAKES GOALS.—The 

20 Board shall base a determination under 

21 clause (i)(I) on environmental restoration 

22 goals for the Great Lakes that identify 

23 specific objectives and the best methods by 

24 which to produce tangible improvement to 

25 the Great Lakes. 


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1 (B) GRANTS.— 

2 (i) ACTION BY PROGRAM OFFICE.— 

3 The Program Office shall provide to the 

4 Board, in a timely manner, a copy of each 

5 application for a grant under subsection 

6 (b). 

7 (ii) BOARD.—The Board shall— 

8 (I) review each application re9 ceived under clause (i); and 

10 (II) by a date specified by the 

11 Program Office, provide to the Pro12 gram Office a list of the grant appli13 cations that the Board recommends 

14 for funding, ranked in order of the 

15 applications that most merit funding. 

Æ 


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