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

A BILL

To provide for ballast water management to prevent the

introduction and spread of nonindigenous species into

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

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

3 SECTION 1. SHORT TITLE; REFERENCES.

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

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

8 to or repeal of a section or other provision, the reference
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1 shall be considered to be made to a section or other provi2 sion of the Nonindigenous Aquatic Nuisance Prevention

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

4 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC

5 NUISANCE PREVENTION AND CONTROL ACT

6 OF 1990.

7 (a) FINDINGS; DEFINITIONS.—

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

9 is amended—

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

11 inserting the following new paragraphs:

12 ‘‘(2) when environmental conditions are favor13 able, nonindigenous species become established and

14 may disrupt the aquatic environment and economy

15 of affected nearshore areas;

16 ‘‘(3) the zebra mussel was unintentionally intro17 duced into the Great Lakes and has infested—

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

19 a good portion of the Mississippi River drain20 age;

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

22 the Arkansas River in Oklahoma; and

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

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

25 (B) in paragraph (4)—
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1 (i) by inserting ‘‘by the zebra mussel

2 and ruffe, round goby, and other

3 nonindigenous species’’ after ‘‘other spe4 cies’’;

5 (ii) by striking the period and insert6 ing a semicolon; and

7 (iii) by adding at the end the follow8 ing new paragraphs:

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

10 Lake Champlain in 1993, an opportunity exists to

11 act quickly to manage zebra mussels before the in12 festation of, and control costs for, zebra mussels es13 calate;

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

15 at the northernmost reaches of the Chesapeake Bay

16 watershed;

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

18 of invasion in the main waters of the Chesapeake

19 Bay;

20 ‘‘(8) since the Chesapeake Bay is the largest re21 cipient of foreign ballast water on the East Coast,

22 there is a risk of further invasions of other

23 nonindigenous species;

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

25 thousands of nonindigenous species that have be-
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1 come established in the waters of the United States

2 and may be causing economic and ecological deg3 radation with respect to the natural resources of wa4 ters of the United States;

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

6 discharges in the early 1980’s of ruffe, small perch7 like fish, ruffe—

8 ‘‘(A) have caused severe declines in popu9 lations of other species of fish in Duluth Har10 bor (in Minnesota and Wisconsin);

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

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

13 other waters in North America if action is not

14 taken promptly to control their spread;

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

16 as of the date of enactment of the National Invasive

17 Species Act of 1996, infest coastal waters of the

18 United States and that have the potential for caus19 ing adverse economic and ecological effects are—

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

21 that has become established on the Pacific

22 Coast;

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

24 that has become established in the coastal wa25 ters of the Atlantic Ocean;
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1 ‘‘(C) the brown mussel (Perna perna) that

2 has become established along the Gulf of Mex3 ico; and

4 ‘‘(D) certain shellfish pathogens;

5 ‘‘(12) if preventive management measures are

6 not taken nationwide to prevent and control uninten7 tionally introduced nonindigenous aquatic species in

8 a timely manner, further introductions and infesta9 tions of species that are as destructive, or more de10 structive, than the zebra mussel or the ruffe infesta11 tions, may occur;

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

13 United States, nonindigenous aquatic nuisance spe14 cies are unintentionally transported and introduced

15 into inland lakes and rivers by recreational boaters,

16 commercial barge traffic, and a variety of other

17 pathways;

18 ‘‘(14) resolving the problems associated with

19 nonindigenous aquatic nuisance species will require

20 the participation and cooperation of the Federal

21 Government and State governments, and investment

22 in the development of prevention technologies; and

23 ‘‘(15) preventing—

24 ‘‘(A) the introduction of aquatic nuisance

25 species into the waters of the United States is
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1 the responsibility of the Federal Government;

2 and

3 ‘‘(B) the spread of aquatic nuisance spe4 cies—

5 ‘‘(i) within the continental United

6 States is a role that is jointly shared by

7 the Federal Government and State govern8 ments; and

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

10 that State, in cooperation with the tribal

11 governments of the Indian tribes located

12 within that State.’’.

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

14 4702) is amended—

15 (A) in paragraph (3), by striking ‘‘assist16 ant Secretary’’ and inserting ‘‘Assistant Sec17 retary’’;

18 (B) by redesignating paragraphs (9)

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

20 respectively; and

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

22 following:

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

24 that border on the Great Lakes;
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1 ‘‘(10) ‘Indian tribe’ means any Indian tribe,

2 band, nation, or other organized group or commu3 nity, including any Alaska Native village or regional

4 corporation (as defined in or established pursuant to

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

6 1601 et seq.)) that is recognized as eligible for the

7 special programs and services provided by the

8 United States to Indians because of their status as

9 Indians; and

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

11 interjurisdictional entity—

12 ‘‘(A) established by—

13 ‘‘(i) an interstate compact that is ap14 proved by Congress;

15 ‘‘(ii) a Federal statute; or

16 ‘‘(iii) a treaty or other international

17 agreement with respect to which the

18 United States is a party; and

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

20 ‘‘(I) States or political subdivisions

21 thereof; or

22 ‘‘(II) Indian tribes; or

23 ‘‘(ii) that represents—

24 ‘‘(I) 1 or more States or political sub25 divisions thereof; and
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1 ‘‘(II) 1 or more Indian tribes; or

2 ‘‘(iii) that represents the Federal Govern3 ment (or any political subdivision thereof) and

4 1 or more foreign governments (or any political

5 subdivisions thereof); and

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

7 for coordinating, or otherwise has a role or re8 sponsibility for the management of any land, or

9 other natural resource.’’.

10 (b) AQUATIC NUISANCE SPECIES CONTROL PRO11 GRAM.—

12 (1) AMENDMENT TO HEADING.—The subtitle

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

14 amended to read as follows:

15 ‘‘Subtitle B—Prevention of Unin16 tentional Introductions of

17 Nonindigenous Aquatic Species’’

18 (2) NONINDIGENOUS AQUATIC NUISANCE SPE19 CIES.—Section 1101 (16 U.S.C. 4711) is amended

20 to read as follows:

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

22 OF THE UNITED STATES.

23 ‘‘(a) GREAT LAKES GUIDELINES.—

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

25 after the date of enactment of this Act, the Sec-
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1 retary shall issue voluntary guidelines to prevent the

2 introduction and spread of aquatic nuisance species

3 into the Great Lakes through the exchange of bal4 last water of vessels prior to entering those waters.

5 ‘‘(2) CONTENT OF GUIDELINES.—The guide6 lines issued under this subsection shall—

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

9 nuisance species is not discharged into the

10 Great Lakes;

11 ‘‘(B) protect the safety of—

12 ‘‘(i) each vessel; and

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

14 vessel;

15 ‘‘(C) take into consideration different ves16 sel operating conditions; and

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

19 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

21 enactment of this Act, the Secretary shall carry out

22 education and technical assistance programs and

23 other measures to encourage participation in the

24 guidelines issued under this subsection.

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

2 after the date of enactment of the Act, the Sec3 retary, in consultation with the Task Force, shall

4 issue regulations to prevent the introduction and

5 spread of aquatic nuisance species into the Great

6 Lakes through the ballast water of vessels.

7 ‘‘(2) CONTENT OF REGULATIONS.—The regula8 tions issued under this subsection shall—

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

10 United States port on the Great Lakes after op11 erating on the waters beyond the exclusive eco12 nomic zone;

13 ‘‘(B) require a vessel to—

14 ‘‘(i) carry out exchange of ballast

15 water on the waters beyond the exclusive

16 economic zone prior to entry into any port

17 within the Great Lakes;

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

19 water in other waters where the exchange

20 does not pose a threat of infestation or

21 spread of aquatic nuisance species in the

22 Great Lakes and other waters of the

23 United States, as recommended by the

24 Task Force under section 1102(a)(1); or
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1 ‘‘(iii) use environmentally sound alter2 native ballast water management methods

3 if the Secretary determines that such alter4 native methods are as effective as ballast

5 water exchange in preventing and control6 ling infestations of aquatic nuisance spe7 cies;

8 ‘‘(C) not affect or supersede any require9 ments or prohibitions pertaining to the dis10 charge of ballast water into waters of the

11 United States under the Federal Water Pollu12 tion Control Act (33 U.S.C. 1251 et seq.);

13 ‘‘(D) provide for sampling procedures to

14 monitor compliance with the requirements of

15 the regulations;

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

17 the Great Lakes if the master of the vessel has

18 not certified to the Secretary or the Secretary’s

19 designee by not later than the departure of that

20 vessel from the first lock in the St. Lawrence

21 Seaway that the vessel has complied with the

22 requirements of the regulations;

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

24 to withhold or revoke the clearance required by

25 section 4197 of the Revised Statutes (46 U.S.C.
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1 App. 91) of a vessel, the owner or operator of

2 which is in violation of the regulations;

3 ‘‘(G) protect the safety of—

4 ‘‘(i) each vessel; and

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

6 vessel;

7 ‘‘(H) take into consideration different op8 erating conditions; and

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

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

12 to promulgating regulations under paragraph (1),

13 the Secretary, in consultation with the Task Force,

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

15 1992, issue regulations to prevent the introduction

16 and spread of aquatic nuisance species into the

17 Great Lakes through ballast water carried on vessels

18 that enter a United States port on the Hudson River

19 north of the George Washington Bridge.

20 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

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

22 the date of enactment of the National Invasive Spe23 cies Act of 1996, the Secretary shall issue voluntary

24 guidelines to prevent the unintentional introduction

25 and spread of nonindigenous species in waters of the
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1 United States by ballast water operations and other

2 operations of vessels (as determined by the Sec3 retary).

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

5 guidelines issued under this subsection shall—

6 ‘‘(A) ensure to the maximum extent prac7 ticable that aquatic nuisance species are not

8 discharged into the waters of the United States

9 from vessels;

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

11 waters of the United States;

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

13 water into the waters of the United States after

14 operating beyond the exclusive economic zone

15 to—

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

17 water of the vessel in waters beyond the

18 exclusive economic zone;

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

20 vessel in other waters where the exchange

21 does not pose a threat of infestation or

22 spread of nonindigenous species in the wa23 ters of the United States, as recommended

24 by the Task Force under section

25 1102(a)(1); or
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1 ‘‘(iii) use environmentally sound alter2 native ballast water management methods,

3 including modification of the vessel ballast

4 tanks and intake systems, if the Secretary

5 determines that such alternative methods

6 are at least as effective as ballast water ex7 change in preventing and controlling infes8 tations of aquatic nuisance species;

9 ‘‘(D) direct vessels to carry out manage10 ment practices that the Secretary determines to

11 be necessary to reduce the probability of unin12 tentional nonindigenous species transfer result13 ing from—

14 ‘‘(i) ship operations other than ballast

15 discharge; and

16 ‘‘(ii) ballasting practices of vessels

17 that enter waters of the United States with

18 no ballast on board;

19 ‘‘(E) provide for recordkeeping that shall

20 be maintained on board each vessel and made

21 available for inspection, upon request of the

22 Secretary and in a matter consistent with sub23 section (h), in order to enable the Secretary to

24 determine compliance with the guidelines, in25 cluding—
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1 ‘‘(i) with respect to each ballast water

2 exchange referred to in clause (ii), report3 ing on the precise location and thorough4 ness of the exchange; and

5 ‘‘(ii) any other information that the

6 Secretary considers necessary to assess the

7 rate of effective compliance with the guide8 lines;

9 ‘‘(F) provide for sampling procedures to

10 monitor compliance with the guidelines;

11 ‘‘(G) protect the safety of—

12 ‘‘(i) each vessel; and

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

14 vessel;

15 ‘‘(H) take into consideration—

16 ‘‘(i) variations in the characteristics of

17 point of origin and receiving water bodies;

18 ‘‘(ii) variations in the ecological condi19 tions of waters and coastal areas of the

20 United States; and

21 ‘‘(iii) different operating conditions;

22 and

23 ‘‘(I) be based on the best scientific infor24 mation available.
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1 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

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

3 enactment of the National Invasive Species Act of

4 1996, the Secretary shall carry out education and

5 technical assistance programs and other measures to

6 encourage the participation in the guidelines issued

7 under this subsection.

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

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

10 after the date of enactment of the National Invasive

11 Species Act of 1996, and not less frequently than

12 every 3 years thereafter, the Secretary shall, in ac13 cordance with the criteria developed by the Task

14 Force under paragraph (3)—

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

16 the voluntary guidelines issued under this sec17 tion and the regulations promulgated under this

18 Act;

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

20 is based on the assessment under subparagraph

21 (A);

22 ‘‘(C) assess the effectiveness of the vol23 untary guidelines and regulations referred to in

24 subparagraph (A) in reducing the introduction
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1 and spread of aquatic nuisance species by ves2 sels; and

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

4 scientific information available—

5 ‘‘(i) revise and reissue the guidelines

6 and regulations referred to in paragraph

7 (1); and

8 ‘‘(ii) promulgate additional regulations

9 pursuant to subsection (e)(1).

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

11 later than 90 days after the Task Force makes a re12 quest to the Secretary for a special review and revi13 sion for coastal and inland waterways designated by

14 the Task Force, the Secretary shall—

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

16 and regulations applicable to those waterways

17 in accordance with the review procedures under

18 paragraph (1); and

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

20 provided under paragraph (1)(D)—

21 ‘‘(i) revise and reissue those guide22 lines; and

23 ‘‘(ii) promulgate additional regula24 tions.
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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).
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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.
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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 Or-
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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:
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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
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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
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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
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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.
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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
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1 management demonstration program to demonstrate

2 technologies and practices to prevent aquatic

3 nonindigenous species from being introduced into

4 and spread through ballast water in the Great Lakes

5 and other waters of the United States.

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

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

10 shall be performed in a United States shipyard or

11 ship repair facility.

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

13 technologies and practices on vessels under this sub14 section, the Secretary 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—
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1 ‘‘(I) publicly or privately owned;

2 and

3 ‘‘(II) in active use for trade or

4 other cargo shipment purposes during

5 the demonstration; 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.
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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
30

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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—
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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:
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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 follow6 ing: ‘‘The Assistant Secretary, in consulta7 tion with the Task Force, shall develop a

8 program of research, technology develop9 ment, and demonstration for the environ10 mentally sound control of zebra mussels in

11 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 devel-
33

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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
34

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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.
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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
36

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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

10 nonindigenous aquatic nuisance species upon request

11 of a 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—
37

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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 preced21 ing subparagraph (A) and inserting

22 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 Gov-
38

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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
39

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

3 environment from harm by aquatic nuisance

4 species; 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)—
40

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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)—
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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;
42

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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
43

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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
44

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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