II 

104TH CONGRESS 

2D SESSION S. 1660 

To provide for ballast water management to prevent the introduction and 

spread of nonindigenous species into the waters of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 1996 

Mr. GLENN (for himself, Mr. LEAHY, Mr. JEFFORDS, Mr. MOYNIHAN, Mr. 

SARBANES, Mr. INOUYE, Ms. MIKULSKI, Mr. JOHNSTON, Mr. LEVIN, and 

Mr. D’AMATO) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

APRIL 25, 1996 

Ordered, that if and when reported, the bill be referred to the Committee on 

Commerce, Science, and Transportation for not to exceed 20 calendar 

days to report or be discharged 

A BILL 

To provide for ballast water management to prevent the 

introduction and spread of nonindigenous species into 

the waters of the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; REFERENCES. 

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

mmaher on DSKFW6RHC1PROD with $$_JOB

2 

S 1660 RIS 

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

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

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

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

7 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC 

8 NUISANCE PREVENTION AND CONTROL ACT 

9 OF 1990. 

10 (a) FINDINGS; DEFINITIONS.— 

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

12 is amended— 

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

14 inserting the following new paragraphs: 

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

17 may disrupt the aquatic environment and economy 

18 of affected nearshore areas; 

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

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

22 a good portion of the Mississippi River drain23 age; 

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

25 the Arkansas River in Oklahoma; and 

mmaher on DSKFW6RHC1PROD with $$_JOB

3 

S 1660 RIS 

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

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

3 (B) in paragraph (4)— 

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

5 and ruffe, round goby, and other non6 indigenous species’’ after ‘‘other species’’; 

7 (ii) by striking the period and insert8 ing a semicolon; and 

9 (iii) by adding at the end the fol10 lowing new paragraphs: 

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

12 Lake Champlain in 1993, an opportunity exists to 

13 act quickly to manage zebra mussels before the in14 festation of, and control costs for, zebra mussels es15 calate; 

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

17 at the northernmost reaches of the Chesapeake Bay 

18 watershed; 

19 ‘‘(7) the zebra mussel poses an immanent risk 

20 of invasion in the main waters of the Chesapeake 

21 Bay; 

22 ‘‘(8) since the Chesapeake Bay is the largest re23 cipient of foreign ballast water on the East Coast, 

24 there is a risk of further invasions of other non25 indigenous species; 

mmaher on DSKFW6RHC1PROD with $$_JOB

4 

S 1660 RIS 

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

2 thousands of nonindigenous species that have be3 come established in the waters of the United States 

4 and may be causing economic and ecological deg5 radation with respect to the natural resources of wa6 ters of the United States; 

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

8 discharges in the early 1980’s of ruffe, small perch9 like fish, ruffe— 

10 ‘‘(A) have caused severe declines in popu11 lations of other species of fish in Duluth Har12 bor (in Minnesota and Wisconsin); 

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

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

15 other waters in North America if action is not 

16 taken promptly to control their spread; 

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

18 as of the date of enactment of the National Invasive 

19 Species Act of 1996, infest coastal waters of the 

20 United States and that have the potential for caus21 ing adverse economic and ecological effects are— 

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

23 that has become established on the Pacific 

24 Coast; 

mmaher on DSKFW6RHC1PROD with $$_JOB

5 

S 1660 RIS 

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

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

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

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

7 ‘‘(D) certain shellfish pathogens; 

8 ‘‘(12) if preventive management measures are 

9 not taken nationwide to prevent and control uninten10 tionally introduced nonindigenous aquatic species in 

11 a timely manner, further introductions and infesta12 tions of species that are as destructive, or more de13 structive, than the zebra mussel or the ruffe infesta14 tions, may occur; 

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

16 United States, nonindigenous aquatic nuisance spe17 cies are unintentionally transported and introduced 

18 into inland lakes and rivers by recreational boaters, 

19 commercial barge traffic, and a variety of other 

20 pathways; 

21 ‘‘(14) resolving the problems associated with 

22 nonindigenous aquatic nuisance species will require 

23 the participation and cooperation of the Federal 

24 Government and State governments, and investment 

25 in the development of prevention technologies; and 

mmaher on DSKFW6RHC1PROD with $$_JOB

6 

S 1660 RIS 

1 ‘‘(15) preventing— 

2 ‘‘(A) the introduction of aquatic nuisance 

3 species into the waters of the United States is 

4 the responsibility of the Federal Government; 

5 and 

6 ‘‘(B) the spread of aquatic nuisance spe7 cies— 

8 ‘‘(i) within the continental United 

9 States is a role that is jointly shared by 

10 the Federal Government and State govern11 ments; and 

12 ‘‘(ii) in a State, is the responsibility of 

13 that State, in cooperation with the tribal 

14 governments of the Indian tribes located 

15 within that State.’’. 

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

17 4702) is amended— 

18 (A) in paragraph (3), by striking ‘‘assist19 ant Secretary’’ and inserting ‘‘Assistant Sec20 retary’’; 

21 (B) by redesignating paragraphs (9) 

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

23 respectively; and 

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

25 following: 

mmaher on DSKFW6RHC1PROD with $$_JOB

7 

S 1660 RIS 

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

2 that border on the Great Lakes; 

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

4 band, nation, or other organized group or commu5 nity, including any Alaska Native village or regional 

6 corporation (as defined in or established pursuant to 

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

8 1601 et seq.)) that is recognized as eligible for the 

9 special programs and services provided by the 

10 United States to Indians because of their status as 

11 Indians; and 

12 ‘‘(11) ‘interstate organization’ means an inter13 jurisdictional entity— 

14 ‘‘(A) established by— 

15 ‘‘(i) an interstate compact that is ap16 proved by Congress; 

17 ‘‘(ii) a Federal statute; or 

18 ‘‘(iii) a treaty or other international 

19 agreement with respect to which the 

20 United States is a party; and 

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

22 ‘‘(I) States or political subdivisions 

23 thereof; or 

24 ‘‘(II) Indian tribes; or 

25 ‘‘(ii) that represents— 

mmaher on DSKFW6RHC1PROD with $$_JOB

8 

S 1660 RIS 

1 ‘‘(I) 1 or more States or political sub2 divisions thereof; and 

3 ‘‘(II) 1 or more Indian tribes; or 

4 ‘‘(iii) that represents the Federal Govern5 ment (or any political subdivision thereof) and 

6 1 or more foreign governments (or any political 

7 subdivisions thereof); and 

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

9 for coordinating, or otherwise has a role or re10 sponsibility for the management of any land, or 

11 other natural resource.’’. 

12 (b) AQUATIC NUISANCE SPECIES CONTROL PRO13 GRAM.— 

14 (1) AMENDMENT TO HEADING.—The subtitle 

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

16 amended to read as follows: 

17 ‘‘Subtitle B—Prevention of Unin18 tentional Introductions of Non19 indigenous Aquatic Species’’ 

20 (2) NONINDIGENOUS AQUATIC NUISANCE SPE21 CIES.—Section 1101 (16 U.S.C. 4711) is amended 

22 to read as follows: 

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

24 OF THE UNITED STATES. 

25 ‘‘(a) GREAT LAKES GUIDELINES.— 

mmaher on DSKFW6RHC1PROD with $$_JOB

9 

S 1660 RIS 

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

2 after the date of enactment of this Act, the Sec3 retary shall issue voluntary guidelines to prevent the 

4 introduction and spread of aquatic nuisance species 

5 into the Great Lakes through the exchange of bal6 last water of vessels prior to entering those waters. 

7 ‘‘(2) CONTENT OF GUIDELINES.—The guide8 lines issued under this subsection shall— 

9 ‘‘(A) ensure to the maximum extent prac10 ticable that ballast water containing aquatic 

11 nuisance species is not discharged into the 

12 Great Lakes; 

13 ‘‘(B) protect the safety of— 

14 ‘‘(i) each vessel; and 

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

16 vessel; 

17 ‘‘(C) take into consideration different ves18 sel operating conditions; and 

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

21 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

23 enactment of this Act, the Secretary shall carry out 

24 education and technical assistance programs and 

mmaher on DSKFW6RHC1PROD with $$_JOB

10 

S 1660 RIS 

1 other measures to encourage participation in the 

2 guidelines issued under this subsection. 

3 ‘‘(b) REGULATIONS.— 

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

5 after the date of enactment of the Act, the Sec6 retary, in consultation with the Task Force, shall 

7 issue regulations to prevent the introduction and 

8 spread of aquatic nuisance species into the Great 

9 Lakes through the ballast water of vessels. 

10 ‘‘(2) CONTENT OF REGULATIONS.—The regula11 tions issued under this subsection shall— 

12 ‘‘(A) apply to all vessels that enter a 

13 United States port on the Great Lakes after op14 erating on the waters beyond the exclusive eco15 nomic zone; 

16 ‘‘(B) require a vessel to— 

17 ‘‘(i) carry out exchange of ballast 

18 water on the waters beyond the exclusive 

19 economic zone prior to entry into any port 

20 within the Great Lakes; 

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

22 water in other waters where the exchange 

23 does not pose a threat of infestation or 

24 spread of aquatic nuisance species in the 

25 Great Lakes and other waters of the 

mmaher on DSKFW6RHC1PROD with $$_JOB

11 

S 1660 RIS 

1 United States, as recommended by the 

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

3 ‘‘(iii) use environmentally sound alter4 native ballast water management methods 

5 if the Secretary determines that such alter6 native methods are as effective as ballast 

7 water exchange in preventing and control8 ling infestations of aquatic nuisance spe9 cies; 

10 ‘‘(C) not affect or supersede any require11 ments or prohibitions pertaining to the dis12 charge of ballast water into waters of the 

13 United States under the Federal Water Pollu14 tion Control Act (33 U.S.C. 1251 et seq.); 

15 ‘‘(D) provide for sampling procedures to 

16 monitor compliance with the requirements of 

17 the regulations; 

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

19 the Great Lakes if the master of the vessel has 

20 not certified to the Secretary or the Secretary’s 

21 designee by not later than the departure of that 

22 vessel from the first lock in the St. Lawrence 

23 Seaway that the vessel has complied with the 

24 requirements of the regulations; 

mmaher on DSKFW6RHC1PROD with $$_JOB

12 

S 1660 RIS 

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

2 to withhold or revoke the clearance required by 

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

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

5 which is in violation of the regulations; 

6 ‘‘(G) protect the safety of— 

7 ‘‘(i) each vessel; and 

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

9 vessel; 

10 ‘‘(H) take into consideration different op11 erating conditions; and 

12 ‘‘(I) be based on the best scientific infor13 mation available. 

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

15 to promulgating regulations under paragraph (1), 

16 the Secretary, in consultation with the Task Force, 

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

18 1992, issue regulations to prevent the introduction 

19 and spread of aquatic nuisance species into the 

20 Great Lakes through ballast water carried on vessels 

21 that enter a United States port on the Hudson River 

22 north of the George Washington Bridge. 

23 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.— 

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

25 the date of enactment of the National Invasive Spemmaher on DSKFW6RHC1PROD with $$_JOB

13 

S 1660 RIS 

1 cies Act of 1996, the Secretary shall issue voluntary 

2 guidelines to prevent the unintentional introduction 

3 and spread of nonindigenous species in waters of the 

4 United States by ballast water operations and other 

5 operations of vessels (as determined by the Sec6 retary). 

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

8 guidelines issued under this subsection shall— 

9 ‘‘(A) ensure to the maximum extent prac10 ticable that aquatic nuisance species are not 

11 discharged into the waters of the United States 

12 from vessels; 

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

14 waters of the United States; 

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

16 water into the waters of the United States after 

17 operating beyond the exclusive economic zone 

18 to— 

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

20 water of the vessel in waters beyond the 

21 exclusive economic zone; 

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

23 vessel in other waters where the exchange 

24 does not pose a threat of infestation or 

25 spread of nonindigenous species in the wammaher on DSKFW6RHC1PROD with $$_JOB

14 

S 1660 RIS 

1 ters of the United States, as recommended 

2 by the Task Force under section 

3 1102(a)(1); or 

4 ‘‘(iii) use environmentally sound alter5 native ballast water management methods, 

6 including modification of the vessel ballast 

7 tanks and intake systems, if the Secretary 

8 determines that such alternative methods 

9 are at least as effective as ballast water ex10 change in preventing and controlling infes11 tations of aquatic nuisance species; 

12 ‘‘(D) direct vessels to carry out manage13 ment practices that the Secretary determines to 

14 be necessary to reduce the probability of unin15 tentional nonindigenous species transfer result16 ing from— 

17 ‘‘(i) ship operations other than ballast 

18 discharge; and 

19 ‘‘(ii) ballasting practices of vessels 

20 that enter waters of the United States with 

21 no ballast on board; 

22 ‘‘(E) provide for recordkeeping that shall 

23 be maintained on board each vessel and made 

24 available for inspection, upon request of the 

25 Secretary and in a matter consistent with submmaher on DSKFW6RHC1PROD with $$_JOB

15 

S 1660 RIS 

1 section (h), in order to enable the Secretary to 

2 determine compliance with the guidelines, in3 cluding— 

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

5 exchange referred to in clause (ii), report6 ing on the precise location and thorough7 ness of the exchange; and 

8 ‘‘(ii) any other information that the 

9 Secretary considers necessary to assess the 

10 rate of effective compliance with the guide11 lines; 

12 ‘‘(F) provide for sampling procedures to 

13 monitor compliance with the guidelines; 

14 ‘‘(G) protect the safety of— 

15 ‘‘(i) each vessel; and 

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

17 vessel; 

18 ‘‘(H) take into consideration— 

19 ‘‘(i) variations in the characteristics of 

20 point of origin and receiving water bodies; 

21 ‘‘(ii) variations in the ecological condi22 tions of waters and coastal areas of the 

23 United States; and 

24 ‘‘(iii) different operating conditions; 

25 and 

mmaher on DSKFW6RHC1PROD with $$_JOB

16 

S 1660 RIS 

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

3 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

5 enactment of the National Invasive Species Act of 

6 1996, the Secretary shall carry out education and 

7 technical assistance programs and other measures to 

8 encourage the participation in the guidelines issued 

9 under this subsection. 

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

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

12 after the date of enactment of the National Invasive 

13 Species Act of 1996, and not less frequently than 

14 every 3 years thereafter, the Secretary shall, in ac15 cordance with the criteria developed by the Task 

16 Force under paragraph (3)— 

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

18 the voluntary guidelines issued under this sec19 tion and the regulations promulgated under this 

20 Act; 

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

22 is based on the assessment under subparagraph 

23 (A); 

24 ‘‘(C) assess the effectiveness of the vol25 untary guidelines and regulations referred to in 

mmaher on DSKFW6RHC1PROD with $$_JOB

17 

S 1660 RIS 

1 subparagraph (A) in reducing the introduction 

2 and spread of aquatic nuisance species by ves3 sels; and 

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

5 scientific information available— 

6 ‘‘(i) revise and reissue the guidelines 

7 and regulations referred to in paragraph 

8 (1); and 

9 ‘‘(ii) promulgate additional regulations 

10 pursuant to subsection (e)(1). 

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

12 later than 90 days after the Task Force makes a re13 quest to the Secretary for a special review and revi14 sion for coastal and inland waterways designated by 

15 the Task Force, the Secretary shall— 

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

17 and regulations applicable to those waterways 

18 in accordance with the review procedures under 

19 paragraph (1); and 

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

21 provided under paragraph (1)(D)— 

22 ‘‘(i) revise and reissue those guide23 lines; and 

24 ‘‘(ii) promulgate additional regula25 tions. 

mmaher on DSKFW6RHC1PROD with $$_JOB

18 

S 1660 RIS 

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

2 later than 18 months after the date of enactment of 

3 the National Invasive Species Act of 1996, the Task 

4 Force shall submit to the Secretary criteria for de5 termining the adequacy and effectiveness of the vol6 untary guidelines issued under subsection (c). 

7 ‘‘(e) AUTHORITY OF SECRETARY.— 

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

9 of a periodic review conducted under paragraph (1) 

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

11 paragraph (2) of that subsection, the Secretary de12 termines that— 

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

14 determined by the Secretary) with the guide15 lines issued pursuant to subsection (c) is inad16 equate; or 

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

18 those guidelines is not adequate for the Sec19 retary to assess the compliance with those 

20 guidelines and provide a rate of compliance of 

21 vessels, including the assessment of the rate of 

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

23 the Secretary shall promulgate regulations that meet 

24 the requirements of paragraph (2). 

mmaher on DSKFW6RHC1PROD with $$_JOB

19 

S 1660 RIS 

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

2 regulations promulgated by the Secretary under 

3 paragraph (1)— 

4 ‘‘(A) shall— 

5 ‘‘(i) make mandatory the require6 ments included in the voluntary guidelines 

7 issued under subsection (c); and 

8 ‘‘(ii) provide for the enforcement of 

9 the regulations; and 

10 ‘‘(B) may be regional in scope. 

11 ‘‘(3) REVOCATION OF CLEARANCE.—The regu12 lations promulgated under this subsection shall re13 quest the Secretary of the Treasury to withhold or 

14 revoke the clearance of a vessel required by section 

15 4197 of the Revised Statutes (46 U.S.C. App. 91), 

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

17 of the regulations. 

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

19 regulation promulgated under subsection (e) shall be liable 

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

21 Each day of a continuing violation constitutes a separate 

22 violation. A vessel operated in violation of the regulations 

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

24 subsection for that violation. 

mmaher on DSKFW6RHC1PROD with $$_JOB

20 

S 1660 RIS 

1 ‘‘(g) CRIMINAL PENALTIES.—Any person who know2 ingly violates the regulations promulgated under sub3 section (e) is guilty of a class C violation. 

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

5 carrying out the programs under this section, the Sec6 retary is encouraged to, to the maximum extent prac7 ticable, arrange to use the expertise, facilities, members, 

8 or personnel of established agencies and organizations 

9 that have routine contact with vessels, including the Ani10 mal and Plant Health Inspection Service of the Depart11 ment of Agriculture, the National Cargo Bureau, port ad12 ministrations, and ship pilots’ associations. 

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

14 OTHER FOREIGN GOVERNMENTS.—In developing the 

15 guidelines issued, and regulations promulgated, under this 

16 section, the Secretary is encouraged to consult with the 

17 Government of Canada, the Government of Mexico, and 

18 any other government of a foreign country that the Sec19 retary, in consultation with the Task Force, determines 

20 to be necessary to develop and implement an effective 

21 international program for preventing the unintentional in22 troduction and spread of nonindigenous species in the wa23 ters of North America (as defined by the Secretary). 

24 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec25 retary, in cooperation with the International Maritime Ormmaher on DSKFW6RHC1PROD with $$_JOB

21 

S 1660 RIS 

1 ganization of the United Nations and the Commission on 

2 Environmental Cooperation established pursuant to the 

3 North American Free Trade Agreement, is encouraged to 

4 enter into negotiations with the governments of foreign 

5 countries to develop and implement an effective inter6 national program for preventing the unintentional intro7 duction and spread of nonindigenous species in the waters 

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

9 (c) NATIONAL BALLAST WATER MANAGEMENT IN10 FORMATION.—Section 1102 (16 U.S.C. 4712) is amend11 ed— 

12 (1) by striking the section heading and insert13 ing the following new section heading: 

14 ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN15 FORMATION.’’; 

16 (2) in subsection (a)— 

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

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

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

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

21 Champlain and other’’ after ‘‘economic uses 

22 of’’; and 

23 (C) by striking subsection (b) and insert24 ing the following: 

mmaher on DSKFW6RHC1PROD with $$_JOB

22 

S 1660 RIS 

1 ‘‘(b) ECOLOGICAL AND BALLAST DISCHARGE SUR2 VEYS.— 

3 ‘‘(1) ECOLOGICAL SURVEYS.— 

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

5 cooperation with the Secretary, shall conduct 

6 ecological surveys of the Chesapeake Bay, San 

7 Francisco Bay, Honolulu Harbor, Prince Wil8 liam Sound, and other waters that the Task 

9 Force determines— 

10 ‘‘(i) to be highly susceptible to inva11 sion by aquatic nuisance species resulting 

12 from ballast water operations and other 

13 operations of vessels; and 

14 ‘‘(ii) to require further study. 

15 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In 

16 conducting the surveys under this paragraph, 

17 the Task Force shall, with respect to each such 

18 survey— 

19 ‘‘(i) examine the attributes and pat20 terns of invasions of aquatic nuisance spe21 cies; and 

22 ‘‘(ii) provide an estimate of the effec23 tiveness of ballast water management and 

24 other vessel management guidelines issued, 

25 and regulations promulgated, under this 

mmaher on DSKFW6RHC1PROD with $$_JOB

23 

S 1660 RIS 

1 subtitle in abating invasions of aquatic nui2 sance species in the waters that are the 

3 subject of the survey. 

4 ‘‘(2) BALLAST DISCHARGE SURVEYS.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in co6 operation with the Task Force, shall conduct 

7 surveys of ballast discharge rates and practices 

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

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

10 and (ii) of such paragraph. 

11 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In 

12 conducting the surveys under this paragraph, 

13 the Secretary shall— 

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

15 in, ballast water discharge in the waters 

16 that are the subject of the survey; and 

17 ‘‘(ii) assess the effectiveness of vol18 untary guidelines issued, and regulations 

19 promulgated, under this subtitle in altering 

20 ballast discharge practices to reduce the 

21 probability of accidental introductions of 

22 aquatic nuisance species. 

23 ‘‘(c) GRANTS TO CHESAPEAKE RESEARCH CONSOR24 TIUM AND LOUISIANA UNIVERSITIES MARINE CONSOR25 TIUM.—Subject to the availability of appropriations, for 

mmaher on DSKFW6RHC1PROD with $$_JOB

24 

S 1660 RIS 

1 each of fiscal years 1997 through 2002, the Secretary of 

2 the Smithsonian Institution shall award— 

3 ‘‘(1) a grant in an amount not to exceed 

4 $750,000 to the Chesapeake Research Consortium 

5 to fund research on nonindigenous aquatic nuisance 

6 species prevention and control in the Chesapeake 

7 Bay through competitive grants to universities and 

8 research institutions; and 

9 ‘‘(2) a grant in an amount not to exceed 

10 $500,000 to the Louisiana Universities Marine Con11 sortium to fund research on nonindigenous aquatic 

12 nuisance species prevention and control in the Gulf 

13 of Mexico through competitive grants to universities 

14 and research institutions. 

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

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

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

20 and maintain, in consultation with the Task Force, 

21 a clearinghouse of national data concerning— 

22 ‘‘(A) ballasting practices; 

23 ‘‘(B) compliance with the guidelines issued 

24 pursuant to section 1101(c); and 

mmaher on DSKFW6RHC1PROD with $$_JOB

25 

S 1660 RIS 

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

2 Task Force under subsection (b). 

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

4 Environmental Research Center shall prepare and 

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

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

8 relating to— 

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

11 ‘‘(B) invasions of aquatic nuisance species 

12 resulting from ballast water.’’. 

13 (d) NAVAL BALLAST WATER PROGRAM; BALLAST

14 WATER MANAGEMENT DEMONSTRATION PROGRAM.— 

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

16 at the end the following new sections: 

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

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

19 Operations of the Department of the Navy, in consultation 

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

21 Maritime Organization, shall implement a ballast water 

22 management program for the seagoing fleet of the Navy 

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

mmaher on DSKFW6RHC1PROD with $$_JOB

26 

S 1660 RIS 

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

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

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

5 practices’ means those technologies and practices that— 

6 ‘‘(1) may be retrofitted— 

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

8 new vessel designs; and 

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

10 treatment facilities; 

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

12 facilities; 

13 ‘‘(3) are operationally practical; 

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

15 ‘‘(5) are environmentally sound; 

16 ‘‘(6) are cost-effective; 

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

18 and 

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

20 aquatic nuisance species. 

21 ‘‘(b) DEMONSTRATION PROGRAM.— 

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

24 available by appropriations pursuant to section 

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

26 with the Secretary, shall conduct a ballast water 

mmaher on DSKFW6RHC1PROD with $$_JOB

27 

S 1660 RIS 

1 management demonstration program to demonstrate 

2 technologies and practices to prevent aquatic non3 indigenous species from being introduced into and 

4 spread through ballast water in the Great Lakes and 

5 other waters of the United States. 

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

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

10 shall be performed in a United States shipyard or 

11 ship repair facility. 

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

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

15 ‘‘(A) use only vessels that— 

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

17 ‘‘(ii) have ballast systems conducive to 

18 testing aboard-vessel or land-based tech19 nologies and practices applicable to a sig20 nificant number of merchant vessels; 

21 ‘‘(iii) are predominantly owned by citi22 zens of the United States (as determined 

23 by the Secretary); and 

24 ‘‘(iv) are— 

mmaher on DSKFW6RHC1PROD with $$_JOB

28 

S 1660 RIS 

1 ‘‘(I) publicly or privately owned; 

2 and 

3 ‘‘(II) in active use for trade or 

4 other cargo shipment purposes during 

5 the demonstration; and 

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

7 including vessels that— 

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

9 and on the Great Lakes; and 

10 ‘‘(ii) are operated along the other 

11 major coasts of the United States and in12 land waterways, including the Prince Wil13 liam Sound, San Francisco Bay, and 

14 Chesapeake Bay. 

15 ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC16 TICES.—If a report on a study on ships’ ballast op17 erations conducted by the National Research Council 

18 Marine Board of the National Academy of Sciences 

19 is available at the time that the Secretary of the In20 terior selects technologies and practices for dem21 onstration under this subsection, the Secretary of 

22 the Interior shall, in making such selections, give 

23 priority to any technologies and practices identified 

24 as promising by the Board in such report. 

mmaher on DSKFW6RHC1PROD with $$_JOB

29 

S 1660 RIS 

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

2 date of enactment of the National Invasive Species 

3 Act of 1996, the Secretary of the Interior shall pre4 pare and submit a report to Congress on the dem5 onstration program conducted pursuant to this sec6 tion. The report shall include findings and rec7 ommendations of the Secretary of the Interior con8 cerning technologies and practices. 

9 ‘‘(c) AUTHORITIES; CONSULTATION AND COOPERA10 TION WITH INTERNATIONAL MARITIME ORGANIZATION

11 AND TASK FORCE. 

12 ‘‘(1) AUTHORITIES.—In conducting the dem13 onstration program under subsection (b), the Sec14 retary of the Interior may— 

15 ‘‘(A) enter into cooperative agreements 

16 with appropriate officials of other agencies of 

17 the Federal Government, agencies of States and 

18 political subdivisions thereof, and private enti19 ties; 

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

21 personnel from other Federal agencies; and 

22 ‘‘(C) accept donations of property and 

23 services. 

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

25 Secretary of the Interior shall consult and cooperate 

mmaher on DSKFW6RHC1PROD with $$_JOB

30 

S 1660 RIS 

1 with the International Maritime Organization and 

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

3 (e) AMENDMENTS TO SUBTITLE C.— 

4 (1) SUBTITLE HEADING.—The subtitle heading 

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

6 to read as follows: 

7 ‘‘Subtitle C—Prevention and Con8 trol of Aquatic Nuisance Species 

9 Dispersal’’. 

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

11 4721) is amended— 

12 (A) in subsection (b)— 

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

14 paragraph (5); 

15 (ii) by redesignating paragraph (6) as 

16 paragraph (7); and 

17 (iii) by inserting after paragraph (5) 

18 the following new paragraph: 

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

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

21 Lake Champlain Basin Program, the Chesa22 peake Bay Program,’’ before ‘‘and State agen23 cies’’. 

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

25 U.S.C. 4722) is amended— 

mmaher on DSKFW6RHC1PROD with $$_JOB

31 

S 1660 RIS 

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

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

3 (B) in subsection (i)— 

4 (i) in paragraph (1)— 

5 (I) by striking ‘‘(1) IN GEN6 ERAL.—The Task Force’’ and insert7 ing the following: 

8 ‘‘(1) ZEBRA MUSSEL.— 

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

10 (II) by striking ‘‘(A) research’’ 

11 and inserting the following: 

12 ‘‘(i) research’’; 

13 (III) by striking ‘‘(B) tracking’’ 

14 and inserting the following: 

15 ‘‘(ii) tracking’’; 

16 (IV) by striking ‘‘(C) develop17 ment’’ and inserting the following: 

18 ‘‘(iii) development’’; and 

19 (V) by striking ‘‘(D) provision’’ 

20 and inserting the following: 

21 ‘‘(iv) provision’’; 

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

23 PUBLIC FACILITY RESEARCH AND DEVEL24 OPMENT.—’’ and inserting the following: 

mmaher on DSKFW6RHC1PROD with $$_JOB

32 

S 1660 RIS 

1 ‘‘(B) PUBLIC FACILITY RESEARCH AND

2 DEVELOPMENT.—’’; 

3 (iii) in subparagraph (B) of para4 graph (1), as so redesignated, by striking 

5 the first sentence and inserting the fol6 lowing: ‘‘The Assistant Secretary, in con7 sultation with the Task Force, shall de8 velop a program of research, technology 

9 development, and demonstration for the 

10 environmentally sound control of zebra 

11 mussels in and around public facilities.’’; 

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

13 subparagraph (B), as so redesignated, the 

14 following new subparagraph: 

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

16 than 1 year after the date of enactment of this 

17 subparagraph, the Task Force shall develop and 

18 submit to the Secretary for issuance by the Sec19 retary, voluntary guidelines for controlling the 

20 spread of the zebra mussel through recreational 

21 activities, including boating and fishing. Not 

22 later than the date specified in the preceding 

23 sentence, the Secretary shall issue voluntary 

24 guidelines that incorporate the guidelines develmmaher on DSKFW6RHC1PROD with $$_JOB

33 

S 1660 RIS 

1 oped by the Task Force under this subpara2 graph.’’; and 

3 (v) by adding at the end the following 

4 new paragraphs: 

5 ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.— 

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

7 the Environmental Protection Agency, in co8 operation with the National Science Foundation 

9 and the Task Force, shall provide research 

10 grants on a competitive basis for projects 

11 that— 

12 ‘‘(i) identify environmentally sound 

13 methods for controlling the dispersal and 

14 spread of aggressively invading species, 

15 such as the zebra mussel; and 

16 ‘‘(ii) adhere to research protocols de17 veloped pursuant to section 1202(f)(2). 

18 ‘‘(B) AUTHORIZATION OF APPROPRIA19 TIONS.—There are authorized to be appro20 priated to the Environmental Protection Agency 

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

22 ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.— 

23 ‘‘(A) IN GENERAL.—The Assistant Sec24 retary, in consultation with the Task Force, 

25 shall investigate and identify environmentally 

mmaher on DSKFW6RHC1PROD with $$_JOB

34 

S 1660 RIS 

1 sound methods for preventing and reducing the 

2 dispersal of nonindigenous nuisance aquatic 

3 species between the Great Lakes-Saint Law4 rence drainage and the Mississippi River drain5 age through the Chicago River Ship and Sani6 tary Canal, including any of those methods that 

7 could be incorporated into the operation or con8 struction of the lock system of the Chicago 

9 River Ship and Sanitary Canal. 

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

11 after the date of enactment of this paragraph, 

12 the Assistant Secretary shall issue a report to 

13 the Congress that includes recommendations 

14 concerning— 

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

16 identified under the study conducted under 

17 this paragraph are most promising with re18 spect to preventing and reducing the dis19 persal of nonindigenous nuisance aquatic 

20 species; and 

21 ‘‘(ii) ways to incorporate those meth22 ods into ongoing operations of the United 

23 States Army Corps of Engineers that are 

24 conducted at the Chicago River Ship and 

25 Sanitary Canal. 

mmaher on DSKFW6RHC1PROD with $$_JOB

35 

S 1660 RIS 

1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Department of the Army, to 

4 carry out this paragraph, $750,000. 

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

6 by law, in carrying out the studies under paragraphs 

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

8 Protection Agency and the Secretary of the Army 

9 may enter into an agreement with an interested 

10 party under which that party provides in kind or 

11 monetary contributions for the study. 

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

13 Lakes Environmental Research Laboratory of the 

14 National Oceanic and Atmospheric Administration 

15 shall provide technical assistance to the Lake Cham16 plain Research Consortium to assist in the research 

17 conducted by that consortium pursuant to this sub18 section.’’. 

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

20 U.S.C. 4722(j)) is amended— 

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

22 later than 18 months after the date of the en23 actment of this Act, the Director’’ and inserting 

24 ‘‘The Director’’; and 

mmaher on DSKFW6RHC1PROD with $$_JOB

36 

S 1660 RIS 

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

2 paragraph: 

3 ‘‘(3) ENFORCEMENT ASSISTANCE.—To the ex4 tent allowable by law, and in a manner consistent 

5 with section 141 of title 14, United States Code, the 

6 Director and the Under Secretary may provide en7 forcement assistance pursuant to a management 

8 plan that is approved by the Director, the Secretary, 

9 or the Under Secretary for the control of nonindige10 nous aquatic nuisance species upon request of a 

11 State or Indian tribe.’’. 

12 (5) REGIONAL COORDINATION.—Section 1203 

13 (16 U.S.C. 4723) is amended— 

14 (A) by striking the section heading and in15 serting the following new section heading: 

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

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

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

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

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

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

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

23 subsection: 

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

mmaher on DSKFW6RHC1PROD with $$_JOB

37 

S 1660 RIS 

1 ‘‘(1) encourage the development and use of re2 gional panels and other similar entities in regions 

3 other than the Great Lakes (including providing fi4 nancial assistance for the development and use of 

5 those entities) to carry out, with respect to those re6 gions, activities that are similar to the activities de7 scribed in subsection (a); and 

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

9 entities that carry out the activities described in 

10 paragraph (1).’’. 

11 (6) STATE OR INTERSTATE WATERSHED

12 AQUATIC NUISANCE SPECIES MANAGEMENT PLAN.— 

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

14 (A) in subsection (a)— 

15 (i) by striking the heading and insert16 ing the following: 

17 ‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES

18 MANAGEMENT PLANS.—’’; 

19 (ii) in paragraph (1)— 

20 (I) by striking the matter pre21 ceding subparagraph (A) and insert22 ing the following: 

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

24 opportunity for public comment, the Governor of 

25 each State may prepare and submit, or the Govmmaher on DSKFW6RHC1PROD with $$_JOB

38 

S 1660 RIS 

1 ernors of the States and the governments of the In2 dian tribes involved in an interstate organization, 

3 may jointly prepare and submit—’’; 

4 (II) in subparagraph (A), by 

5 striking ‘‘technical and financial as6 sistance’’ and inserting ‘‘technical, en7 forcement, or financial assistance (or 

8 any combination thereof)’’; and 

9 (III) in subparagraphs (A) and 

10 (B), by inserting ‘‘or within the inter11 state region involved’’ after ‘‘within 

12 the State’’ each place it appears; 

13 (iii) in paragraph (2)— 

14 (I) in subparagraph (B), by 

15 striking ‘‘and’’ at the end of the sub16 paragraph; 

17 (II) by redesignating subpara18 graph (C) as subparagraph (D); 

19 (III) by inserting after subpara20 graph (B) the following: 

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

22 State (or any State or Indian tribe involved in 

23 the interstate organization) does not have at 

24 the time of the development of the plan that 

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

mmaher on DSKFW6RHC1PROD with $$_JOB

39 

S 1660 RIS 

1 Indian tribe involved in the interstate organiza2 tion) to protect public health, property, and the 

3 environment from harm by aquatic nuisance spe4 cies; and’’; and 

5 (IV) in subparagraph (D), as re6 designated, by inserting ‘‘, and ena7 bling legislation’’ before the period; 

8 (iv) in paragraph (3)— 

9 (I) in subparagraph (A)— 

10 (aa) by inserting ‘‘or inter11 state organization’’ after ‘‘the 

12 State’’; and 

13 (bb) by inserting ‘‘Indian 

14 tribes,’’ after ‘‘local govern15 ments,’’; and 

16 (II) in subparagraph (B), by in17 serting ‘‘or the appropriate official of 

18 an interstate organization’’ after ‘‘a 

19 State’’; and 

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

21 the interstate organization’’ after ‘‘the 

22 Governor’’; and 

23 (B) in subsection (b)(1)— 

mmaher on DSKFW6RHC1PROD with $$_JOB

40 

S 1660 RIS 

1 (i) by striking ‘‘or the Assistant Sec2 retary, as appropriate under subsection (a) 

3 of this section,’’; and 

4 (ii) by striking ‘‘approved manage5 ment plans’’ and inserting ‘‘management 

6 plans approved under subsection (a)’’. 

7 (f) AUTHORIZATIONS OF APPROPRIATIONS.—Section 

8 1301 (16 U.S.C. 4741) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (2); 

12 (B) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) to the department in which the Coast 

15 Guard is operating to carry out section 1101— 

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

17 1997 through 1998; and 

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

19 1999 through 2002;’’; and 

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

21 paragraphs: 

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

23 2002, to carry out paragraphs (1) and (2) of section 

24 1102(b)— 

mmaher on DSKFW6RHC1PROD with $$_JOB

41 

S 1660 RIS 

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

2 Interior, to be used by the Director; and 

3 ‘‘(B) $1,000,000 to the Department of 

4 Transportation, to be used by the Secretary of 

5 Transportation; and 

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

7 2002, $1,750,000 to the Smithsonian Institution, of 

8 which— 

9 ‘‘(A) $1,250,000 shall be used to carry out 

10 section 1102(c); and 

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

12 section 1102(d).’’; 

13 (2) in subsection (b)— 

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

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

16 1995’’ and inserting ‘‘1997 through 2002’’; and 

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

18 and inserting the following: 

19 ‘‘(1) $6,000,000 to the Department of the Inte20 rior, to be used by the Director to carry out sections 

21 1202 and 1209; 

22 ‘‘(2) $1,000,000 to the Department of Com23 merce, to be used by the Under Secretary to carry 

24 out section 1202; 

mmaher on DSKFW6RHC1PROD with $$_JOB

42 

S 1660 RIS 

1 ‘‘(3) $1,625,000 to fund aquatic nuisance spe2 cies prevention and control research under section 

3 1202(i) at the Great Lakes Environmental Research 

4 Laboratory of the National Oceanic and Atmos5 pheric Administration and the Lake Champlain Re6 search Consortium, of which $500,000 shall be used 

7 by the Lake Champlain Research Consortium; 

8 ‘‘(4) $5,000,000 for competitive grants for uni9 versity research on aquatic nuisance species under 

10 section 1202(f)(3), of which— 

11 ‘‘(A) $4,000,000 shall be used to fund 

12 grants under section 206 of the National Sea 

13 Grant College Program Act (33 U.S.C. 1121 et 

14 seq.) and grants to colleges for the benefit of 

15 agriculture and the mechanic arts referred to in 

16 the first section of the Act of August 30, 1890 

17 (26 Stat. 417, chapter 841; 7 U.S.C. 322); and 

18 ‘‘(B) $1,000,000 shall be used to fund 

19 grants through the Cooperative Fisheries and 

20 Wildlife Research Unit Program of the United 

21 States Fish and Wildlife Service; 

22 ‘‘(5) $3,000,000 to the Department of the 

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

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

mmaher on DSKFW6RHC1PROD with $$_JOB

43 

S 1660 RIS 

1 ‘‘(6) $300,000 to the Department of the Inte2 rior, to be used by the Director to fund regional 

3 panels and other similar entities under section 

4 1203(d), of which $100,000 shall be used to fund 

5 activities of the Great Lakes Commission;’’; 

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

7 following: 

8 ‘‘(c) GRANTS FOR STATE MANAGEMENT PRO9 GRAMS.—There are authorized to be appropriated for each 

10 of fiscal years 1997 through 2001, $2,500,000 to the De11 partment of the Interior, to be used by the Director.’’; and 

12 (4) by adding at the end the following new sub13 section: 

14 ‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRA15 TION PROGRAM.—There are authorized to be appropriated 

16 to the Department of the Interior $2,500,000 to carry out 

17 section 1104.’’. 

18 SEC. 3. STATUTORY CONSTRUCTION. 

19 Nothing in this Act or the amendments made by this 

20 Act is intended to affect the authorities and responsibil21 ities of the Great Lakes Fishery Commission established 

22 under article II of the Convention on Great Lakes Fish23 eries between the United States of America and Canada, 

24 signed at Washington on September 10, 1954 (hereafter 

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

mmaher on DSKFW6RHC1PROD with $$_JOB

44 

S 1660 RIS 

1 the authorities and responsibilities of the Great Lakes 

2 Fishery Commission— 

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

5 populations of sea lamprey in the Great Lakes wa6 tershed; and 

7 (2) carrying out the duties of the Commission 

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

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

Æ 

mmaher on DSKFW6RHC1PROD with $$_JOB