265

NONINDIGENOUS AQUATIC NUISANCE PREVENTION

AND CONTROL ACT OF 1990

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Q:\COMP\WATER1\NANPCA90

December 29, 2000 
267

NONINDIGENOUS AQUATIC NUISANCE PREVENTION

AND CONTROL ACT OF 1990

[As Amended Through P.L. 106–580, Dec. 29, 2000]

AN ACT To prevent and control infestations of the coastal inland waters of the

United States by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthorize the National Sea Grant College Program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

TITLE I—AQUATIC NUISANCE

PREVENTION AND CONTROL

Subtitle A—General Provisions

SECTION 1001. SHORT TITLE.

This title may be cited as the ‘‘Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990’’.

(16 U.S.C. 4701 nt)

SEC. 1002. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) the discharge of untreated water in the ballast tanks

of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and

saltwater environments;

(2) when environmental conditions are favorable, nonindigenous species become established, may compete with or

prey upon native species of plants, fish, and wildlife, may carry

diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas;

(3) the zebra mussel was unintentionally introduced into

the Great Lakes and has infested—

(A) waters south of the Great Lakes, into a good portion of the Mississippi River drainage;

(B) waters west of the Great Lakes, into the Arkansas

River in Oklahoma; and

(C) waters east of the Great Lakes, into the Hudson

River and Lake Champlain;

(4) the potential economic disruption to communities affected by the zebra mussel due to its colonization of water

pipes, boat hulls and other hard surfaces has been estimated

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1002 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 268

at $5,000,000,000 by the year 2000, and the potential disruption to the diversity and abundance of native fish and other

species by the zebra mussel and ruffe, round goby, and other

nonindigenous species could be severe;

(5) the zebra mussel was discovered on Lake Champlain

during 1993 and the opportunity exists to act quickly to establish zebra mussel controls before Lake Champlain is further infested and management costs escalate;

(6) in 1992, the zebra mussel was discovered at the

northernmost reaches of the Chesapeake Bay watershed;

(7) the zebra mussel poses an imminent risk of invasion in

the main waters of the Chesapeake Bay;

(8) since the Chesapeake Bay is the largest recipient of foreign ballast water on the East Coast, there is a risk of further

invasions of other nonindigenous species;

(9) the zebra mussel is only one example of thousands of

nonindigenous species that have become established in waters

of the United States and may be causing economic and ecological degradation with respect to the natural resources of waters

of the United States;

(10) since their introduction in the early 1980’s in ballast

water discharges, ruffe—

(A) have caused severe declines in populations of other

species of fish in Duluth Harbor (in Minnesota and

Wisconsin);

(B) have spread to Lake Huron; and

(C) are likely to spread quickly to most other waters

in North America if action is not taken promptly to control

their spread;

(11) examples of nonindigenous species that, as of the date

of enactment of the National Invasive Species Act of 1996, infest coastal waters of the United States and that have the potential for causing adverse economic and ecological effects

include—

(A) the mitten crab (Eriocher sinensis) that has become established on the Pacific Coast;

(B) the green crab (Carcinus maenas) that has become

established in the coastal waters of the Atlantic Ocean;

(C) the brown mussel (Perna perna) that has become

established along the Gulf of Mexico; and

(D) certain shellfish pathogens;

(12) many aquatic nuisance vegetation species, such as

Eurasian watermilfoil, hydrilla, water hyacinth, and water

chestnut, have been introduced to waters of the United States

from other parts of the world causing or having a potential to

cause adverse environmental, ecological, and economic effects;

(13) if preventive management measures are not taken nationwide to prevent and control unintentionally introduced

nonindigenous aquatic species in a timely manner, further introductions and infestations of species that are as destructive

as, or more destructive than, the zebra mussel or the ruffe infestations may occur;

(14) once introduced into waters of the United States,

aquatic nuisance species are unintentionally transported and

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
269 Sec. 1003 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

introduced into inland lakes and rivers by recreational boaters,

commercial barge traffic, and a variety of other pathways; and

(15) resolving the problems associated with aquatic

nuisance species will require the participation and cooperation

of the Federal Government and State governments, and investment in the development of prevention technologies.

(b) PURPOSES.—The purposes of this Act are—

(1) to prevent unintentional introduction and dispersal of

nonindigenous species into waters of the United States through

ballast water management and other requirements;

(2) to coordinate federally conducted, funded or authorized

research, prevention control, information dissemination and

other activities regarding the zebra mussel and other aquatic

nuisance species;

(3) to develop and carry out environmentally sound control

methods to prevent, monitor and control unintentional introductions of nonindigenous species from pathways other than

ballast water exchange;

(4) to understand and minimize economic and ecological

impacts of nonindigenous aquatic nuisance species that become

established, including the zebra mussel; and

(5) to establish a program of research and technology development and assistance to States in the management and removal of zebra mussels.

(16 U.S.C. 4701)

SEC. 1003. DEFINITIONS.

As used in this Act, the term—

(1) ‘‘aquatic nuisance species’’ means a nonindigenous species that threatens the diversity or abundance of native species

or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on

such waters;

(2) ‘‘Assistant Secretary’’ means the Assistant Secretary of

the Army (Civil Works);

(3) ‘‘ballast water’’ means any water and associated sediments used to manipulate the trim and stability of a vessel;

(4) ‘‘Director’’ means the Director of the United States Fish

and Wildlife Service;

(5) ‘‘exclusive economic zone’’ means the Exclusive Economic Zone of the United States established by Proclamation

Number 5030, dated March 10, 1983, and the equivalent zone

of Canada;

(6) ‘‘environmentally sound’’ methods, efforts, actions or

programs means methods, efforts, actions or programs to prevent introductions or control infestations of aquatic nuisance

species that minimize adverse impacts to the structure and

function of an ecosystem and adverse effects on non-target organisms and ecosystems and emphasize integrated pest management techniques and nonchemical measures;

(7) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie, Lake

Huron (including Lake St. Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary’s River, Saint

Clair River, Detroit River, Niagara River, and Saint Lawrence

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1003 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 270

River to the Canandian Border), and includes all other bodies

of water within the drainage basin of such lakes and connecting channels.

(8) ‘‘Great Lakes region’’ means the 8 States that border on

the Great Lakes;

(9) ‘‘Indian tribe’’ means any Indian tribe, band, nation, or

other organized group or community, including any Alaska Native village or regional corporation (as defined in or established

pursuant to the Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.)) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;

(10) ‘‘interstate organization’’ means an entity—

(A) established by—

(i) an interstate compact that is approved by

Congress;

(ii) a Federal statute; or

(iii) a treaty or other international agreement

with respect to which the United States is a party;

and

(B)(i) that represents 2 or more—

(I) States or political subdivisions thereof; or

(II) Indian tribes; or

(ii) that represents—

(I) 1 or more States or political subdivisions thereof; and

(II) 1 or more Indian tribes; or

(iii) that represents the Federal Government and 1 or

more foreign governments; and

(C) has jurisdiction over, serves as forum for coordinating, or otherwise has a role or responsibility for the

management of, any land or other natural resource;

(11) ‘‘nonindigenous species’’ means any species or other

viable biological material that enters an ecosystem beyond its

historic range, including any such organism transferred from

one country into another;

(12) ‘‘Secretary’’ means the Secretary of the department in

which the Coast Guard is operating;

(13) ‘‘Task Force’’ means the Aquatic Nuisance Species

Task Force established under section 1201 of this Act;

(14) ‘‘territorial sea’’ means the belt of the sea measured

from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988;

(15) ‘‘Under Secretary’’ means the Under Secretary of

Commerce for Oceans and Atmosphere;

(16) ‘‘waters of the United States’’ means the navigable

waters and the territorial sea of the United States; and

(17) ‘‘unintentional introduction’’ means an introduction of

nonindigenous species that occurs as the result of activities

other than the purposeful or intentional introduction of the

species involved, such as the transport of nonindigenous species in ballast or in water used to transport fish, mollusks or

crustaceans for aquaculture or other purposes.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
271 Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(16 U.S.C. 4702)

Subtitle B—Prevention of Unintentional

Introductions of Nonindigenous Aquatic

Species

SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED

STATES.

(a) GREAT LAKES GUIDELINES.— (1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, the Secretary shall issue voluntary

guidelines to prevent the introduction and spread of aquatic

nuisance species into the Great Lakes through the exchange of

ballast water of vessels prior to entering those waters.

(2) CONTENT OF GUIDELINES.—The guidelines issued under

this subsection shall—

(A) ensure to the maximum extent practicable that

ballast water containing aquatic nuisance species is not

discharged into the Great Lakes;

(B) protect the safety of—

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(C) take into consideration different vessel operating

conditions; and

(D) be based on the best scientific information

available.

(b) REGULATIONS.— (1) IN GENERAL.—Not later than 2 years after the date of

enactment of this Act, the Secretary, in consultation with the

Task Force, shall issue regulations to prevent the introduction

and spread of aquatic nuisance species into the Great Lakes

through the ballast water of vessels.

(2) CONTENT OF REGULATIONS.—The regulations issued

under this subsection shall—

(A) apply to all vessels equipped with ballast water

tanks that enter a United States port on the Great Lakes

after operating on the waters beyond the exclusive economic zone;

(B) require a vessel to—

(i) carry out exchange of ballast water on the waters beyond the exclusive economic zone prior to entry

into any port within the Great Lakes;

(ii) carry out an exchange of ballast water in other

waters where the exchange does not pose a threat of

infestation or spread of aquatic nuisance species in the

Great Lakes and other waters of the United States, as

recommended by the Task Force under

section 1102(a)(1); or

(iii) use environmentally sound alternative ballast

water management methods if the Secretary determines that such alternative methods are as effective

as ballast water exchange in preventing and controlling infestations of aquatic nuisance species;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 272

(C) not affect or supersede any requirements or prohibitions pertaining to the discharge of ballast water into

waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(D) provide for sampling procedures to monitor compliance with the requirements of the regulations;

(E) prohibit the operation of a vessel in the Great

Lakes if the master of the vessel has not certified to the

Secretary or the Secretary’s designee by not later than the

departure of that vessel from the first lock in the St. Lawrence Seaway that the vessel has complied with the requirements of the regulations;

(F) protect the safety of—

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(G) take into consideration different operating

conditions; and

(H) be based on the best scientific information

available.

(3) ADDITIONAL REGULATIONS.—In addition to

promulgating regulations under paragraph (1), the Secretary,

in consultation with the Task Force, shall, not later than November 4, 1994, issue regulations to prevent the introduction

and spread of aquatic nuisance species into the Great Lakes

through ballast water carried on vessels that enter a

United States port on the Hudson River north of the George

Washington Bridge.

(4) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.— The Secretary may carry out education and technical assistance programs and other measures to promote compliance with

the regulations issued under this subsection.

(c) VOLUNTARY NATIONAL GUIDELINES.— (1) IN GENERAL.—Not later than 1 year after the date of

enactment of the National Invasive Species Act of 1996, and

after providing notice and an opportunity for public comment,

the Secretary shall issue voluntary guidelines to prevent the

introduction and spread of nonindigenous species in waters of

the United States by ballast water operations and other operations of vessels equipped with ballast water tanks.

(2) CONTENT OF GUIDELINES.—The voluntary guidelines

issued under this subsection shall—

(A) ensure to the maximum extent practicable that

aquatic nuisance species are not discharged into waters of

the United States from vessels;

(B) apply to all vessels equipped with ballast water

tanks that operate in waters of the United States;

(C) protect the safety of—

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(D) direct a vessel that is carrying ballast water into

waters of the United States after operating beyond the exclusive economic zone to—

(i) carry out the exchange of ballast water of the

vessel in waters beyond the exclusive economic zone;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
273 Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(ii) exchange the ballast water of the vessel in

other waters where the exchange does not pose a

threat of infestation or spread of nonindigenous species in waters of the United States, as recommended

by the Task Force under section 1102(a)(1); or

(iii) use environmentally sound alternative ballast

water management methods, including modification of

the vessel ballast water tanks and intake systems, if

the Secretary determines that such alternative

methods are at least as effective as ballast water exchange in preventing and controlling infestations of

aquatic nuisance species;

(E) direct vessels to carry out management practices

that the Secretary determines to be necessary to reduce

the probability of unintentional nonindigenous species

transfer resulting from—

(i) ship operations other than ballast water

discharge; and

(ii) ballasting practices of vessels that enter waters of the United States with no ballast water on

board;

(F) provide for the keeping of records that shall be

submitted to the Secretary, as prescribed by the guidelines, and that shall be maintained on board each vessel

and made available for inspection, upon request of the Secretary and in a manner consistent with subsection (i), in

order to enable the Secretary to determine compliance

with the guidelines, including—

(i) with respect to each ballast water exchange referred to in clause (ii), reporting on the precise location and thoroughness of the exchange; and

(ii) any other information that the Secretary considers necessary to assess the rate of effective compliance with the guidelines;

(G) provide for sampling procedures to monitor

compliance with the guidelines;

(H) take into consideration—

(i) vessel types;

(ii) variations in the characteristics of point of origin and receiving water bodies;

(iii) variations in the ecological conditions of waters and coastal areas of the United States; and

(iv) different operating conditions;

(I) be based on the best scientific information

available;

(J) not affect or supersede any requirements or prohibitions pertaining to the discharge of ballast water into

waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(K) provide an exemption from ballast water exchange

requirements to passenger vessels with operating ballast

water systems that are equipped with treatment systems

designed to kill aquatic organisms in ballast water, unless

the Secretary determines that such treatment systems are

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 274

less effective than ballast water exchange at reducing the

risk of transfers of invasive species in the ballast water of

passenger vessels; and

(L) not apply to crude oil tankers engaged in the coastwise trade.

(3) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.— Not later than 1 year after the date of enactment of the National Invasive Species Act of 1996, the Secretary shall carry

out education and technical assistance programs and other

measures to encourage compliance with the guidelines issued

under this subsection.

(d) REPORT TO CONGRESS.—Not sooner than 24 months after

the date of issuance of guidelines pursuant to subsection (c) and

not later than 30 months after such date, and after consultation

with interested and affected persons, the Secretary shall prepare

and submit to Congress a report containing the information required pursuant to paragraphs (1) and (2) of subsection (e).

(e) PERIODIC REVIEW AND REVISION.— (1) IN GENERAL.—Not later than 3 years after the date of

issuance of guidelines pursuant to subsection (c), and not less

frequently than every 3 years thereafter, the Secretary shall,

in accordance with criteria developed by the Task Force under

paragraph (3)—

(A) assess the compliance by vessels with the

voluntary guidelines issued under subsection (c) and the

regulations promulgated under this Act;

(B) establish the rate of compliance that is based on

the assessment under subparagraph (A);

(C) assess the effectiveness of the voluntary guidelines

and regulations referred to in subparagraph (A) in reducing the introduction and spread of aquatic nuisance species

by vessels; and

(D) as necessary, on the basis of the best scientific information available—

(i) revise the guidelines and regulations referred

to in subparagraph (A);

(ii) promulgate additional regulations pursuant to

subsection (f)(1); or

(iii) carry out each of clauses (i) and (ii).

(2) SPECIAL REVIEW AND REVISION.—Not later than 90 days

after the Task Force makes a request to the Secretary for a

special review and revision for coastal and inland waterways

designated by the Task Force, the Secretary shall—

(A) conduct a special review of guidelines and regulations applicable to those waterways in accordance with the

review procedures under paragraph (1); and

(B) as necessary, in the same manner as provided

under paragraph (1)(D)—

(i) revise those guidelines;

(ii) promulgate additional regulations pursuant to

subsection (f)(1); or

(iii) carry out each of clauses (i) and (ii).

(3) CRITERIA FOR EFFECTIVENESS.—Not later than 18

months after the date of enactment of the National Invasive

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
275 Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

Species Act of 1996, the Task Force shall submit to the

Secretary criteria for determining the adequacy and effectiveness of the voluntary guidelines issued under subsection (c).

(f) AUTHORITY OF SECRETARY.—

(1) GENERAL REGULATIONS.—If, on the basis of a periodic

review conducted under subsection (e)(1) or a special review

conducted under subsection (e)(2), the Secretary determines

that—

(A) the rate of effective compliance (as determined by

the Secretary) with the guidelines issued pursuant to subsection (c) is inadequate; or

(B) the reporting by vessels pursuant to those

guidelines is not adequate for the Secretary to assess the

compliance with those guidelines and provide a rate of

compliance of vessels, including the assessment of the rate

of compliance of vessels under subsection (e)(2),

the Secretary shall promptly promulgate regulations that meet

the requirements of paragraph (2).

(2) REQUIREMENTS FOR REGULATIONS.—The regulations

promulgated by the Secretary under paragraph (1)—

(A) shall—

(i) not be promulgated sooner than 180 days

following the issuance of the report to Congress

submitted pursuant to subsection (d);

(ii) make mandatory the requirements included in

the voluntary guidelines issued under subsection (c);

and

(iii) provide for the enforcement of the regulations; and

(B) may be regional in scope.

(3) INTERNATIONAL REGULATIONS.—The Secretary shall revise regulations promulgated under this subsection to the extent required to make such regulations consistent with the

treatment of a particular matter in any international agreement, agreed to by the United States, governing management

of the transfer of nonindigenous aquatic species by vessel.

(g) SANCTIONS.—

(1) CIVIL PENALTIES.—Any person who violates a regulation promulgated under subsection (b) or (f) shall be liable for

a civil penalty in an amount not to exceed $25,000. Each day

of a continuing violation constitutes a separate violation. A

vessel operated in violation of the regulations is liable in rem

for any civil penalty assessed under this subsection for that

violation.

(2) CRIMINAL PENALTIES.—Any person who knowingly

violates the regulations promulgated under subsection (b) or (f)

is guilty of a class C felony.

(3) REVOCATION OF CLEARANCE.—Upon request of the

Secretary, the Secretary of the Treasury shall withhold or revoke the clearance of a vessel required by section 4197 of the

Revised Statutes (46 U.S.C. App. 91), if the owner or operator

of that vessel is in violation of the regulations issued under

subsection (b) or (f).

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1101 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 276

(4) EXCEPTION TO SANCTIONS.—This subsection does not

apply to a failure to exchange ballast water if—

(A) the master of a vessel, acting in good faith, decides

that the exchange of ballast water will threaten the safety

or stability of the vessel, its crew, or its passengers; and

(B) the recordkeeping and reporting requirements of

the Act are complied with.

(h) COORDINATION WITH OTHER AGENCIES.—In carrying out

the programs under this section, the Secretary is encouraged to

use, to the maximum extent practicable, the expertise, facilities,

members, or personnel of established agencies and organizations

that have routine contact with vessels, including the Animal and

Plant Health Inspection Service of the Department of Agriculture,

the National Cargo Bureau, port administrations, and ship pilots’

associations.

(i) CONSULTATION WITH CANADA, MEXICO, AND OTHER FOREIGN

GOVERNMENTS.—In developing the guidelines issued and regulations promulgated under this section, the Secretary is encouraged

to consult with the Government of Canada, the Government of

Mexico, and any other government of a foreign country that the

Secretary, in consultation with the Task Force, determines to be

necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of

nonindigenous species.

(j) INTERNATIONAL COOPERATION.—The Secretary, in cooperation with the International Maritime Organization of the United

Nations and the Commission on Environmental Cooperation established pursuant to the North American Free Trade Agreement, is

encouraged to enter into negotiations with the governments of foreign countries to develop and implement an effective international

program for preventing the unintentional introduction and spread

of nonindigenous species.

(k) SAFETY EXEMPTION.—

(1) MASTER DISCRETION.—The master of a vessel is not required to conduct a ballast water exchange if the master decides that the exchange would threaten the safety or stability

of the vessel, its crew, or its passengers because of adverse

weather, vessel architectural design, equipment failure, or any

other extraordinary conditions.

(2) OTHER REQUIREMENTS.—(A) IN GENERAL.—Except as

provided in subparagraph (B), a vessel that does not exchange

ballast water on the high seas under paragraph (1) shall not

be restricted from discharging ballast water in any harbor.

(B) GREAT LAKES.—Subparagraph (A) shall not apply in a

case in which a vessel is subject to the regulations issued by

the Secretary under subsection (b).

(3) CRUDE OIL TANKER BALLAST FACILITY STUDY.—(A) Within 60 days of the date of enactment of this Act, the

Secretary of the department in which the Coast Guard is operating, in consultation with the Under Secretary of Commerce

for Oceans and Atmosphere, affected shoreside ballast water

facility operators, affected crude oil tanker operators, and interested parties, shall initiate a study of the effectiveness of existing shoreside ballast water facilities used by crude oil tankQ:\COMP\WATER1\NANPCA90

December 29, 2000 
277 Sec. 1102 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

ers in the coastwise trade off Alaska in preventing the introduction of nonindigenous aquatic species into the waters off

Alaska, as well as the cost and feasibility of modifying such facilities to improve such effectiveness.

(B) The study required under subparagraph (A) shall be

submitted to the Congress by no later than October 1, 1997.

(l) NON-DISCRIMINATION.—The Secretary shall ensure that

vessels registered outside of the United States do not receive more

favorable treatment than vessels registered in the United States

when the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any

other responsibilities under this Act.

(16 U.S.C. 4711)

SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

(a) STUDIES ON INTRODUCTION OF AQUATIC NUISANCE SPECIES

BY VESSELS.—

(1) BALLAST EXCHANGE STUDY.—The Task Force, in cooperation with the Secretary, shall conduct a study—

(A) to assess the environmental effects of ballast water

exchange on the diversity and abundance of native species

in receiving estuarine, marine, and fresh waters of the

United States; and

(B) to identify areas within the waters of the United

States and the exclusive economic zone, if any, where the

exchange of ballast water does not pose a threat of infestation or spread of aquatic nuisance species in the Great

Lakes and other waters of the United States.

(2) BIOLOGICAL STUDY.—The Task Force, in cooperation

with the Secretary, shall conduct a study to determine whether

aquatic nuisance species threaten the ecological characteristics

and economic uses of Lake Champlain and other waters of the

United States other than the Great Lakes.

(3) SHIPPING STUDY.—The Secretary shall conduct a study

to determine the need for controls on vessels entering waters

of the United States, other than the Great Lakes, to minimize

the risk of unintentional introduction and dispersal of aquatic

nuisance species in those waters. The study shall include an

examination of—

(A) the degree to which shipping may be a major pathway of transmission of aquatic nuisance species in those

waters;

(B) possible alternatives for controlling introduction of

those species through shipping; and

(C) the feasibility of implementing regional versus national control measures.

(b) ECOLOGICAL AND BALLAST WATER DISCHARGE SURVEYS.—

(1) ECOLOGICAL SURVEYS.—

(A) IN GENERAL.—The Task Force, in cooperation with

the Secretary, shall conduct ecological surveys of the

Chesapeake Bay, San Francisco Bay, and Honolulu Harbor

and, as necessary, of other estuaries of national significance and other waters that the Task Force determines—

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1102 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 278

(i) to be highly susceptible to invasion by aquatic

nuisance species resulting from ballast water operations and other operations of vessels; and

(ii) to require further study.

(B) REQUIREMENTS FOR SURVEYS.—In conducting the

surveys under this paragraph, the Task Force shall, with

respect to each such survey—

(i) examine the attributes and patterns of invasions of aquatic nuisance species; and

(ii) provide an estimate of the effectiveness of ballast water management and other vessel management

guidelines issued and regulations promulgated under

this subtitle in abating invasions of aquatic

nuisance species in the waters that are the subject of

the survey.

(2) BALLAST WATER DISCHARGE SURVEYS.— (A) IN GENERAL.—The Secretary, in cooperation with

the Task Force, shall conduct surveys of ballast water discharge rates and practices in the waters referred to in

paragraph (1)(A) on the basis of the criteria under clauses

(i) and (ii) of such paragraph.

(B) REQUIREMENTS FOR SURVEYS.—In conducting the

surveys under this paragraph, the Secretary shall—

(i) examine the rate of, and trends in, ballast

water discharge in the waters that are the subject of

the survey; and

(ii) assess the effectiveness of voluntary guidelines

issued, and regulations promulgated, under this subtitle in altering ballast water discharge practices to reduce the probability of accidental introductions of

aquatic nuisance species.

(3) COLUMBIA RIVER.—The Secretary, in cooperation with

the Task Force and academic institutions in each of the States

affected, shall conduct an ecological and ballast water discharge survey of the Columbia River system consistent with

the requirements of paragraphs (1) and (2).

(c) REPORTS.— (1) BALLAST EXCHANGE.—Not later than 18 months after

the date of enactment of this Act and prior to the effective date

of the regulations issued under section 1101(b), the Task Force

shall submit a report to the Congress that presents the results

of the study required under subsection (a)(1) and makes recommendations with respect to such regulations.

(2) BIOLOGICAL AND SHIPPING STUDIES.—Not later than 18

months after the date of enactment of this Act, the Secretary

and the Task Force shall each submit to the Congress a report

on the results of their respective studies under paragraphs (2)

and (3) of subsection (a).

(d) NEGOTIATIONS.—The Secretary, working through the International Maritime Organization, is encouraged to enter into negotiations with the governments of foreign countries concerning the

planning and implementation of measures aimed at the prevention

and control of unintentional introductions of aquatic nuisance species in coastal waters.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
279 Sec. 1102 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(e) REGIONAL RESEARCH GRANTS.—Out of amounts appropriated to carry out this subsection for a fiscal year, the Under Secretary may—

(1) make available not to exceed $750,000 to fund research

on aquatic nuisance species prevention and control in the

Chesapeake Bay through grants, to be competitively awarded

and subject to peer review, to universities and research institutions;

(2) make available not to exceed $500,000 to fund research

on aquatic nuisance species prevention and control in the Gulf

of Mexico through grants, to be competitively awarded and

subject to peer review, to universities and research institutions;

(3) make available not to exceed $500,000 to fund research

on aquatic nuisance species prevention and control for the Pacific Coast through grants, to be competitively awarded and

subject to peer review, to universities and research institutions;

(4) make available not to exceed $500,000 to fund research

on aquatic nuisance species prevention and control for the Atlantic Coast through grants, to be competitively awarded and

subject to peer review, to universities and research institutions; and

(5) make available not to exceed $750,000 to fund research

on aquatic nuisance species prevention and control in the San

Francisco Bay-Delta Estuary through grants, to be competitively awarded and subject to peer review, to universities and

research institutions.

(f) NATIONAL BALLAST INFORMATION CLEARINGHOUSE.—

(1) IN GENERAL.—The Secretary shall develop and maintain, in consultation and cooperation with the Task Force and

the Smithsonian Institution (acting through the Smithsonian

Environmental Research Center), a clearinghouse of national

data concerning—

(A) ballasting practices;

(B) compliance with the guidelines issued pursuant to

section 1101(c); and

(C) any other information obtained by the Task Force

under subsection (b).

(2) REPORT.—In consultation and cooperation with the

Task Force and the Smithsonian Institution (acting through

the Smithsonian Environmental Research Center), the

Secretary shall prepare and submit to the Task Force and the

Congress, on a biennial basis, a report that synthesizes and

analyzes the data referred to in paragraph (1) relating to—

(A) ballast water delivery and management; and

(B) invasions of aquatic nuisance species resulting

from ballast water.

(16 U.S.C. 4712)

SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

(a) DEPARTMENT OF DEFENSE VESSELS.—Subject to operational

conditions, the Secretary of Defense, in consultation with the

Secretary, the Task Force, and the International Maritime OrganiQ:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1103 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 280

zation, shall implement a ballast water management program for

seagoing vessels of the Department of Defense to minimize the risk

of introduction of nonindigenous species from releases of ballast

water.

(b) COAST GUARD VESSELS.—Subject to operational conditions,

the Secretary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water

management program for seagoing vessels of the Coast Guard to

minimize the risk of introduction of nonindigenous species from releases of ballast water.

(16 U.S.C. 4713)

SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION

PROGRAM.

(a) TECHNOLOGIES AND PRACTICES DEFINED.—For purposes of

this section, the term ‘‘technologies and practices’’ means those

technologies and practices that—

(1) may be retrofitted—

(A) on existing vessels or incorporated in new vessel

designs; and

(B) on existing land-based ballast water treatment facilities;

(2) may be designed into new water treatment facilities;

(3) are operationally practical;

(4) are safe for a vessel and crew;

(5) are environmentally sound;

(6) are cost-effective;

(7) a vessel operator is capable of monitoring; and

(8) are effective against a broad range of aquatic nuisance

species.

(b) DEMONSTRATION PROGRAM.—

(1) IN GENERAL.—During the 18-month period beginning

on the date that funds are made available by appropriations

pursuant to section 1301(e), the Secretary of the Interior and

the Secretary of Commerce, with the concurrence of and in cooperation with the Secretary, shall conduct a ballast water

management demonstration program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced into and spread through ballast

water in the Great Lakes and other waters of the United

States.

(2) LOCATION.—The installation and construction of the

technologies and practices used in the demonstration program

conducted under this subsection shall be performed in the

United States.

(3) VESSEL SELECTION.—In demonstrating technologies and

practices on vessels under this subsection, the Secretary of the

Interior and the Secretary of Commerce, shall—

(A) use only vessels that—

(i) are approved by the Secretary;

(ii) have ballast water systems conducive to testing aboard-vessel or land-based technologies and

practices applicable to a significant number of merchant vessels; and

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
281 Sec. 1104 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(iii) are—

(I) publicly or privately owned; and

(II) in active use for trade or other cargo shipment purposes during the demonstration;

(B) select vessels for participation in the program by

giving priority consideration—

(i) first, to vessels documented under chapter 121

of title 46, United States Code;

(ii) second, to vessels that are a majority owned by

citizens of the United States, as determined by the

Secretary; and

(iii) third, to any other vessels that regularly call

on ports in the United States; and

(C) seek to use a variety of vessel types, including vessels that—

(i) call on ports in the United States and on the

Great Lakes; and

(ii) are operated along major coasts of the United

States and inland waterways, including the San

Francisco Bay and Chesapeake Bay.

(4) SELECTION OF TECHNOLOGIES AND PRACTICES.—In selecting technologies and practices for demonstration under this

subsection, the Secretary of the Interior and the Secretary of

Commerce shall give priority consideration to technologies and

practices identified as promising by the National Research

Council Marine Board of the National Academy of Sciences in

its report on ships’ ballast water operations issued in July

1996.

(5) REPORT.—Not later than 3 years after the date of enactment of the National Invasive Species Act of 1996, the Secretary of the Interior and the Secretary of Commerce shall prepare and submit a report to the Congress on the demonstration

program conducted pursuant to this section. The report shall

include findings and recommendations of the Secretary of the

Interior and the Secretary of Commerce concerning technologies and practices.

(c) AUTHORITIES; CONSULTATION AND COOPERATION WITH

INTERNATIONAL MARITIME ORGANIZATION AND TASK FORCE.—

(1) AUTHORITIES.—In conducting the demonstration

program under subsection (b), the Secretary of the Interior

may—

(A) enter into cooperative agreements with appropriate

officials of other agencies of the Federal Government,

agencies of States and political subdivisions thereof, and

private entities;

(B) accept funds, facilities, equipment, or personnel

from other Federal agencies; and

(C) accept donations of property and services.

(2) CONSULTATION AND COOPERATION.—The Secretary of

the Interior shall consult and cooperate with the International

Maritime Organization and the Task Force in carrying out this

section.

(16 U.S.C. 4714)

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1201 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 282

Subtitle C—Prevention and Control of

Aquatic Nuisance Species Dispersal

SEC. 1201. ESTABLISHMENT OF TASK FORCE.

(a) TASK FORCE.—There is hereby established an ‘‘Aquatic Nuisance Species Task Force’’.

(b) MEMBERSHIP.—Membership of the Task Force shall consist

of—

(1) the Director;

(2) the Under Secretary;

(3) the Administrator of the Environmental Protection

Agency;

(4) the Commandant of the United States Coast Guard;

(5) the Assistant Secretary;

(6) the Secretary of Agriculture; and

(7) the head of any other Federal agency that the chairpersons designated under subsection (d) deem appropriate.

(c) EX OFFICIO MEMBERS.—The chairpersons designated under

subsection (d) shall invite representatives of the Great Lakes Commission, the Lake Champlain Basin Program, the Chesapeake Bay

Program, the San Francisco Bay-Delta Estuary Program,and State

agencies and other governmental entities to participate as ex officio

members of the Task Force.

(d) CHAIRPERSONS.—The Director and the Under Secretary

shall serve as co-chairpersons of the Task Force and shall be jointly

responsible, and are authorized to undertake such activities as may

be necessary, for carrying out this subtitle in consultation and cooperation with the other members of the Task Force.

(e) MEMORANDUM OF UNDERSTANDING.—Within six months of

the date of enactment of this Act, the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this subtitle.

(f) COORDINATION.—Each Task Force member shall coordinate

any action to carry out this subtitle with any such action by other

members of the Task Force, and regional, State and local entities.

(16 U.S.C. 4721)

SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM.

(a) IN GENERAL.—The Task Force shall develop and implement

a program for waters of the United States to prevent introduction

and dispersal of aquatic nuisance species; to monitor, control and

study such species; and to disseminate related information.

(b) CONTENT.—The program developed under subsection (a)

shall—

(1) identify the goals, priorities, and approaches for aquatic

nuisance species prevention, monitoring, control, education and

research to be conducted or funded by the Federal Government;

(2) describe the specific prevention, monitoring, control,

education and research activities to be conducted by each Task

Force member;

(3) coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
283 Sec. 1202 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subtitle;

(5) include recommendations for funding to implement elements of the program; and

(6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to

be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the

zebra mussel.

(c) PREVENTION.— (1) IN GENERAL.—The Task Force shall establish and implement measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including—

(A) identification of pathways by which aquatic organisms are introduced to waters of the United States;

(B) assessment of the risk that an aquatic organism

carried by an identified pathway may become an aquatic

nuisance species; and

(C) evaluation of whether measures to prevent introductions of aquatic nuisance species are effective and environmentally sound.

(2) IMPLEMENTATION.—Whenever the Task Force determines that there is a substantial risk of unintentional introduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction

are likely to be substantial, the Task Force shall, acting

through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to

minimize the risk of such an introduction.

(d) MONITORING.—The Task Force shall establish and implement monitoring measures, within the program developed under

subsection (a), to—

(1) detect unintentional introductions of aquatic nuisance

species;

(2) determine the dispersal of aquatic nuisance species

after introduction; and

(3) provide for the early detection and prevention of infestations of aquatic nuisance species in unaffected drainage basins.

(e) CONTROL.—

(1) IN GENERAL.—The Task Force may develop cooperative

efforts, within the program established under subsection (a), to

control established aquatic nuisance species to minimize the

risk of harm to the environment and the public health and welfare. For purposes of this Act, control efforts include eradication of infestations, reductions of populations, development of

means of adapting human activities and public facilities to accommodate infestations, and prevention of the spread of aquatic nuisance species from infested areas. Such control efforts

shall be developed in consultation with affected Federal agencies, States, Indian Tribes, local governments, interjurisdicQ:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1202 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 284

tional organizations, and other appropriate entities. Control actions authorized by this section shall be based on the best

available scientific information and shall be conducted in an

environmentally sound manner.

(2) DECISIONS.—The Task Force or any other affected

agency or entity may recommend that the Task Force initiate

a control effort. In determining whether a control program is

warranted, the Task Force shall evaluate the need for control

(including the projected consequences of no control and less

than full control); the technical and biological feasibility and

cost-effectiveness of alternative control strategies and actions;

whether the benefits of control, including costs avoided, exceed

the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such

other considerations the Task Force determines appropriate.

The Task Force shall also determine the nature and extent of

control of target aquatic nuisance species that is feasible and

desirable.

(3) PROGRAMS.—If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance

species is warranted, the Task Force shall develop a proposed

control program to achieve the target level of control. A notice

summarizing the proposed action and soliciting comments shall

be published in the Federal Register, in major newspapers in

the region affected, and in principal trade publications of the

industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and

other appropriate entities and taking into consideration other

comments received, the Task Force shall complete development

of the proposed control program.

(f) RESEARCH.—

(1) PRIORITIES.—The Task Force shall, within the program

developed under subsection (a), conduct research concerning—

(A) the environmental and economic risks and impacts

associated with the introduction of aquatic nuisance species into the waters of the United States;

(B) the principal pathways by which aquatic nuisance

species are introduced and dispersed;

(C) possible methods for the prevention, monitoring

and control of aquatic nuisance species; and

(D) the assessment of the effectiveness of prevention,

monitoring and control methods.

(2) PROTOCOL.—Within 90 days of the date of enactment of

this Act, the Task Force shall establish and follow a protocol

to ensure that research activities carried out under this subtitle do not result in the introduction of aquatic nuisance species to waters of the United States.

(3) GRANTS FOR RESEARCH.—The Task Force shall allocate

funds authorized under this Act for competitive research

grants to study all aspects of aquatic nuisance species, which

shall be administered through the National Sea Grant College

Program and the Cooperative Fishery and Wildlife Research

Units. Grants shall be conditioned to ensure that any recipient

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
285 Sec. 1202 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

of funds follows the protocol established under paragraph (2)

of this subsection.

(g) TECHNICAL ASSISTANCE.—The Task Force shall, within the

program developed under subsection (a), provide technical assistance to State and local governments and persons to minimize the

environmental, public health, and safety risks associated with

aquatic nuisance species, including an early warning system for advance notice of possible infestations and appropriate responses.

(h) EDUCATION.—The Task Force shall, with the program developed under subsection (a), establish and implement educational

programs through Sea Grant Marine Advisory Services and any

other available resources that it determines to be appropriate to inform the general public, State governments, governments of political subdivisions of States, and industrial and recreational users of

aquatic resources in connection with matters concerning the identification of aquatic nuisance species, and control methods for such

species, including the prevention of the further distribution of such

species.

(i) ZEBRA MUSSEL DEMONSTRATION PROGRAM.— (1) ZEBRA MUSSEL.— (A) IN GENERAL.—The Task Force shall, within the

program developed under subsection (a), undertake a program of prevention, monitoring, control, education and research for the zebra mussel to be implemented in the

Great Lakes and any other waters of the United States infested or likely to become infested by the zebra mussel,

including—

(i) research and development concerning the species life history, environmental tolerances and impacts

on fisheries and other ecosystem components, and the

efficacy of control mechanisms and means of avoiding

or minimizing impacts;

(ii) tracking the dispersal of the species and establishment of an early warning system to alert likely

areas of future infestations;

(iii) development of control plans in coordination

with regional, State and local entities; and

(iv) provision of technical assistance to regional,

State and local entities to carry out this section.

(B) PUBLIC FACILITY RESEARCH AND DEVELOP- MENT.—The Assistant Secretary, in consultation with the

Task Force, shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around

public facilities. The Assistant Secretary shall collect and

make available, through publications and other appropriate means, information pertaining to such control methods.

(C) VOLUNTARY GUIDELINES.—Not later than 1 year

after the date of enactment of this subparagraph, the Task

Force shall develop and submit to the Secretary voluntary

guidelines for controlling the spread of the zebra mussel

and, if appropriate, other aquatic nuisance species through

recreational activities, including boating and fishing. Not

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1202 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 286

later than 4 months after the date of such submission, and

after providing notice and an opportunity for public comment, the Secretary shall issue voluntary guidelines that

are based on the guidelines developed by the Task Force

under this subparagraph.

(2) DISPERSAL CONTAINMENT ANALYSIS.— (A) RESEARCH.—The Administrator of the Environmental Protection Agency, in cooperation with the National Science Foundation and the Task Force, shall provide research grants on a competitive basis for projects

that—

(i) identify environmentally sound methods for

controlling the dispersal of aquatic nuisance species,

such as the zebra mussel; and

(ii) adhere to research protocols developed

pursuant to subsection (f)(2).

(B) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000.

(3) DISPERSAL BARRIER DEMONSTRATION.— (A) IN GENERAL.—The Assistant Secretary, in

consultation with the Task Force, shall investigate and

identify environmentally sound methods for preventing

and reducing the dispersal of aquatic nuisance species between the Great Lakes-Saint Lawrence drainage and the

Mississippi River drainage through the Chicago River Ship

and Sanitary Canal, including any of those methods that

could be incorporated into the operation or construction of

the lock system of the Chicago River Ship and Sanitary

Canal.

(B) REPORT.—Not later than 18 months after the date

of enactment of this paragraph, the Assistant Secretary

shall issue a report to the Congress that includes

recommendations concerning—

(i) which of the methods that are identified under

the study conducted under this paragraph are most

promising with respect to preventing and reducing the

dispersal of aquatic nuisance species; and

(ii) ways to incorporate those methods into ongoing operations of the United States Army Corps of Engineers that are conducted at the Chicago River Ship

and Sanitary Canal.

(C) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Department of the

Army, to carry out this paragraph, $750,000.

(4) CONTRIBUTIONS.—To the extent allowable by law, in

carrying out the studies under paragraphs (2) and (3), the Administrator of the Environmental Protection Agency and the

Secretary of the Army may enter into an agreement with an

interested party under which that party provides in kind or

monetary contributions for the study.

(5) TECHNICAL ASSISTANCE.—The Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration shall provide technical assistance to

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
287 Sec. 1203 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

appropriate entities to assist in the research conducted pursuant to this subsection.

(j) IMPLEMENTATION.—

(1) REGULATIONS.—The Director, the Secretary, and the

Under Secretary may issue such rules and regulations as may

be necessary to implement this section.

(2) PARTICIPATION OF OTHERS.—The Task Force shall provide opportunities for affected Federal agencies which are not

part of the Task Force, State and local government agencies,

and regional and other entities with the necessary expertise to

participate in control programs. If these other agencies or entities have sufficient authority or jurisdiction and expertise and

where this will be more efficient or effective, responsibility for

implementing all or a portion of a control program may be delegated to such agencies or entities.

(k) REPORTS.—

(1) Not later than 12 months after the date of enactment

of this Act, the Task Force shall submit a report describing the

program developed under subsection (a), including the research

protocol required under subsection (f)(2), to the Congress.

(2) On an annual basis after the submission of the report

under paragraph (1), the Task Force shall submit a report to

the Congress detailing progress in carrying out this section.

(16 U.S.C. 4722)

SEC. 1203. REGIONAL COORDINATION.

(a) GREAT LAKES PANEL.— (1) IN GENERAL.—Not later than 30 days following the date

of enactment of this Act, the Task Force shall request that the

Great Lakes Commission (established under Article IV of the

Great Lakes Compact to which the Congress granted consent

in the Act of July 24, 1968, P.L. 90–419) convene a panel of

Great Lakes region representatives from Federal, State and

local agencies and from private environmental and commercial

interests to—

(A) identify priorities for the Great Lakes region with

respect to aquatic nuisance species;

(B) make recommendations to the Task Force regarding programs to carry out section 1202(i) of this Act;

(C) assist the Task Force in coordinating Federal

aquatic nuisance species program activities in the Great

Lakes region;

(D) coordinate, where possible, aquatic nuisance species program activities in the Great Lakes region that are

not conducted pursuant to this Act;

(E) provide advice to public and private individuals

and entities concerning methods of controlling aquatic nuisance species; and

(F) submit annually a report to the Task Force describing activities within the Great Lakes region related to

aquatic nuisance species prevention, research, control.

(2) CONSULTATION.—The Task Force shall request that the

Great Lakes Fishery Commission provide information to the

panel convened under this subsection on technical and policy

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1204 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 288

matters related to the international fishery resources of the

Great Lakes.

(3) CANADIAN PARTICIPATION.—The panel convened under

this subsection is encourage to invite representatives from the

Federal, provincial or territorial governments of Canada to

participate as observers.

(b) WESTERN REGIONAL PANEL.—Not later than 30 days after

the date of enactment of the National Invasive Species Act of 1996,

the Task Force shall request a Western regional panel, comprised

of Western region representatives from Federal, State, and local

agencies and from private environmental and commercial interests,

to—

(1) identify priorities for the Western region with respect

to aquatic nuisance species;

(2) make recommendations to the Task Force regarding an

education, monitoring (including inspection), prevention, and

control program to prevent the spread of the zebra mussel west

of the 100th Meridian pursuant to section 1202(i) of this Act;

(3) coordinate, where possible, other aquatic nuisance

species program activities in the Western region that are not

conducted pursuant to this Act;

(4) develop an emergency response strategy for Federal,

State, and local entities for stemming new invasions of aquatic

nuisance species in the region;

(5) provide advice to public and private individuals and entities concerning methods of preventing and controlling aquatic

nuisance species infestations; and

(6) submit annually a report to the Task Force describing

activities within the Western region related to aquatic nuisance species prevention, research, and control.

(c) ADDITIONAL REGIONAL PANELS.—The Task Force shall—

(1) encourage the development and use of regional panels

and other similar entities in regions in addition to the Great

Lakes and Western regions (including providing financial assistance for the development and use of such entities) to carry

out, with respect to those regions, activities that are similar to

the activities described in subsections (a) and (b); and

(2) cooperate with regional panels and similar entities that

carry out the activities described in paragraph (1).

(16 U.S.C. 4723)

SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.

(a) STATE OR INTERSTATE INVASIVE SPECIES MANAGEMENT

PLANS.—

(1) IN GENERAL.—After providing notice and opportunity

for public comment, the Governor of each State may prepare

and submit, or the Governors of the States and the governments of the Indian tribes involved in an interstate organization, may jointly prepare and submit—

(A) a comprehensive management plan to the Task

Force for approval which identifies those areas or activities

within the State or within the interstate region involved,

other than those related to public facilities, for which technical, enforcement, or financial assistance (or any combinaQ:\COMP\WATER1\NANPCA90

December 29, 2000 
289 Sec. 1204 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

tion thereof) is needed to eliminate or reduce the environmental, public health, and safety risks associated with

aquatic nuisance species, particularly the zebra mussel;

and

(B) a public facility management plan to the Assistant

Secretary for approval which is limited solely to identifying those public facilities within the State or within the

interstate region involved for which technical and financial

assistance is needed to reduce infestations of zebra mussels.

(2) CONTENT.—Each plan shall, to the extent possible,

identify the management practices and measures that will be

undertaken to reduce infestations of aquatic nuisance species.

Each plan shall—

(A) identify and describe State and local programs for

environmentally sound prevention and control of the target

aquatic nuisance species;

(B) identify Federal activities that may be needed for

environmentally sound prevention and control of aquatic

nuisance species and a description of the manner in which

those activities should be coordinated with State and local

government activities;

(C) identify any authority that the State (or any State

or Indian tribe involved in the interstate organization)

does not have at the time of the development of the plan

that may be necessary for the State (or any State or Indian tribe involved in the interstate organization) to protect public health, property, and the environment from

harm by aquatic nuisance species; and

(D) a schedule of implementing the plan, including a

schedule of annual objectives, and enabling legislation.

(3) CONSULTATION.—

(A) In developing and implementing a management

plan, the State or interstate organization should, to the

maximum extent practicable, involve local governments

and regional entities, Indian tribes, and public and private

organizations that have expertise in the control of aquatic

nuisance species.

(B) Upon the request of a State or the appropriate official of an interstate organization, the Task Force or the

Assistant Secretary, as appropriate under paragraph (1),

may provide technical assistance in developing and implementing a management plan.

(4) PLAN APPROVAL.—Within 90 days after the submission

of a management plan, the Task Force or the Assistant Secretary in consultation with the Task Force, as appropriate

under paragraph (1), shall review the proposed plan and approve it if it meets the requirements of this subsection or return the plan to the Governor or the interstate organization

with recommended modifications.

(b) GRANT PROGRAM.—

(1) STATE GRANTS.—The Director may, at the recommendation of the Task Force, make grants to States with manageQ:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1205 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 290

ment plans approved under subsection (a) for the implementation of those plans.

(2) APPLICATION.—An application for a grant under this

subsection shall include an identification and description of the

best management practices and measures which the State proposes to utilize in implementing an approved management

plan with any Federal assistance to be provided under the

grant.

(3) FEDERAL SHARE.—

(A) The Federal share of the cost of each comprehensive management plan implemented with Federal assistance under this section in any fiscal year shall not exceed

75 percent of the cost incurred by the State in implementing such management program and the non-Federal

share of such costs shall be provided from non-Federal

sources.

(B) The Federal share of the cost of each public facility

management plan implemented with Federal assistance

under this section in any fiscal year shall not exceed 50

percent of the cost incurred by the State in implementing

such management program and the non-Federal share of

such costs shall be provided from non-Federal sources.

(4) ADMINISRATIVE COSTS.—For the purposes of this section, administrative costs for activities and programs carried

out with a grant in any fiscal year shall not exceed 5 percent

of the amount of the grant in that year.

(5) IN-KIND CONTRIBUTIONS.—In addition to cash outlays

and payments, in-kind contributions of property or personnel

services by non-Federal interests for activities under this section may be used for the non-Federal share of the cost of those

activities.

(c) ENFORCEMENT ASSISTANCE.—Upon request of a State or Indian tribe, the Director or the Under Secretary, to the extent allowable by law and in a manner consistent with section 141 of title

14, United States Code, may provide assistance to a State or Indian tribe in enforcing an approved State or interstate invasive

species management plan.

(16 U.S.C. 4724)

SEC. 1205. RELATIONSHIP TO OTHER LAWS.

All actions taken by Federal agencies in implementing the provisions of section 1202 shall be consistent with all applicable Federal, State, and local environmental laws. Nothing in this title

shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species

of fish and wildlife. Compliance with the control and eradication

measures of any State or political subdivision thereof regarding

aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subtitle.

(16 U.S.C. 4725)

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
291 Sec. 1301 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

SEC. 1206. INTERNATIONAL COOPERATION.

(a) ADVICE.—The Task Force shall provide timely advice to the

Secretary of State concerning aquatic nuisance species that infest

waters shared with other countries.

(b) NEGOTIATIONS.—The Secretary of State, in consultation

with the Task Force, is encouraged to initiate negotiations with the

governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and

control programs related to aquatic nuisance species infesting

shared water resources.

(16 U.S.C. 4726)

SEC. 1207. INTENTIONAL INTRODUCTIONS POLICY REVIEW.

Within one year of the date of enactment of this Act, the Task

Force shall, in consultation with State fish and wildlife agencies,

other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches

for reducing the risk of adverse consequences associated with intentional introduction of aquatic organisms and submit a report of

their findings, conclusions and recommendations to the Congress.

(16 U.S.C. 4727)

SEC. 1208. INJURIOUS SPECIES.

Section 42(a) of title 18, United States Code is amended by inserting ‘‘of the zebra mussel of the species Dreissena polymorpha;’’

after ‘‘Pteropus;’’.

SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.

The Task Force shall, within the program developed under

subsection (a), undertake a comprehensive, environmentally sound

program in coordination with regional, territorial, State and local

entities to control the brown tree snake (Boiga irregularis) in

Guam and other areas where the species is established outside of

its historic range.

(16 U.S.C. 4728)

Subtitle D—Authorizations of

Appropriation

SEC. 1301. AUTHORIZATIONS.

(a) PREVENTION OF UNINTENTIONAL INTRODUCTIONS.—There

are authorized to be appropriated to develop and implement the

provisions of subtitle B—

(1) $500,000 until the end of fiscal year 1992 to the Secretary to carry out sections 1101 and 1102(a)(3);

(2) $2,000,000 until the end of fiscal year 1992 to the Director and Under Secretary to carry out the studies under sections 1102(a)(1) and 1102(a)(2);

(3) to the Secretary to carry out section 1101—

(A) $2,000,000 for each of fiscal years 1997 and

1998; and

(B) $3,000,000 for each of fiscal years 1999 through

2002;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 1301 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 292

(4) for each of fiscal years 1997 through 2002, to carry out

paragraphs (1) and (2) of section 1102(b)— (A) $1,000,000 to the Department of the Interior, to be

used by the Director; and (B) $1,000,000 to the Secretary; and

(5) for each of fiscal years 1997 through 2002— (A) $3,000,000, which shall be made available from

funds otherwise authorized to be appropriated if such

funds are so authorized, to the Under Secretary to carry

out section 1102(e); and (B) $500,000 to the Secretary to carry out section

1102(f).

(b) TASK FORCE AND AQUATIC NUISANCE SPECIES PROGRAM.— There are authorized to be appropriated for each of fiscal years

1997 through 2002 to develop and implement the provisions of subtitle C—

(1) $6,000,000 to the Department of the Interior, to be

used by the Director to carry out sections 1202 and 1209; (2) $1,000,000 to the Department of Commerce, to be used

by the Under Secretary to carry out section 1202; (3) $1,625,000, which shall be made available from funds

otherwise authorized to be appropriated if such funds are so

authorized, to fund aquatic nuisance species prevention and

control research under section 1202(i) at the Great Lakes Environmental Research Laboratory of the National Oceanic and

Atmospheric Administration, of which $500,000 shall be made

available for grants, to be competitively awarded and subject

to peer review, for research relating to Lake Champlain; (4) $5,000,000 for competitive grants for university research on aquatic nuisance species under section 1202(f)(3) as

follows:

(A) $2,800,000, which shall be made available from

funds otherwise authorized to be appropriated if such

funds are so authorized, to fund grants under section 205

of the National Sea Grant College Program Act (33 U.S.C.

1124);

(B) $1,200,000 to fund grants to colleges for the benefit of agriculture and the mechanic arts referred to in the

first section of the Act of August 30, 1890 (26 Stat. 417,

chapter 841; 7 U.S.C. 322); and (C) $1,000,000 to fund grants through the Cooperative

Fisheries and Wildlife Research Unit Program of the

United States Fish and Wildlife Service;

(5) $3,000,000 to the Department of the Army, to be used

by the Assistant Secretary to carry out section 1202(i)(1)(B);

and

(6) $300,000 to the Department of the Interior, to be used

by the Director to fund regional panels and similar entities

under section 1203, of which $100,000 shall be used to fund activities of the Great Lakes Commission.

(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—There are

authorized to be appropriated for each of fiscal years 1997 through

2002 $4,000,000 to the Department of the Interior, to be used by

the Director for making grants under section 1204, of which

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
293 Sec. 2002 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

1Public Law 101–537 and Public Law 101–646 enacted identical sections.

$1,500,000 shall be used by the Director, in consultation with the

Assistant Secretary, for management of aquatic nuisance vegetation species.

(d) INTENTIONAL INTRODUCTIONS POLICY REVIEW.—There are

authorized to be appropriated for fiscal year 1991, $500,000 to the

Director and the Under Secretary to conduct the intentional introduction policy review under section 1207.

(e) BALLAST WATER MANAGEMENT DEMONSTRATION

PROGRAM.—There are authorized to be appropriated $2,500,000 to

carry out section 1104.

(f) RESEARCH.—There are authorized to be appropriated to the

Director $1,000,000 to carry out research on the prevention, monitoring, and control of aquatic nuisance species in Narragansett

Bay, Rhode Island. The funds shall be made available for use by

the Department of Environmental Management of the State of

Rhode Island.

(16 U.S.C. 4741)

Subtitle E—Cooperative Environmental

Analyses

SEC. 1401. ENVIRONMENTAL IMPACT ANALYSES.

The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with

the governments of Canada and Mexico to provide for reciprocal cooperative environmental impact analysis of major Federal actions

which have significant transboundary effects on the quality of the

human environment in the United States, Canada, and Mexico.

(16 U.S.C. 4751)

TITLE II—GREAT LAKES FISH AND

WILDLIFE RESTORATION 1

SECTION 2001. SHORT TITLE.

This title may be cited as the ‘‘Great Lakes Fish and Wildlife

Restoration Act of 1990’’.

(16 U.S.C. 941 nt)

SEC. 2002. FINDINGS.

The Congress finds and declares the following:

(1) As the human population of the Great Lakes Basin has

expanded to over 35,000,000 people, great demands have been

placed on the lakes for use for boating and other recreation,

navigation, municipal and industrial water supply, waste disposal, power production, and other purposes. These growing

and often conflicting demands exert pressure on the fish and

wildlife resources of the Great Lakes Basin, including in the

form of contaminants, invasion by nonindigenous species, habiQ:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 2003 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 294

tat degradation and destruction, legal and illegal fishery resource harvest levels, and sea lamprey predation.

(2) The fishery resources of the Great Lakes support recreational fisheries enjoyed by more than 5,000,000 people annually and commercial fisheries providing approximately 9,000

jobs. Together, these fisheries generate economic activity worth

more than $4,400,000,000 annually to the United States.

(3) The availability of a suitable forage base is essential to

lake trout, walleye, yellow perch, and other recreational and

commercially valuable fishery resources of the Great Lakes

Basin. Protecting and restoring productive fish habitat, including by protecting water quality, is essential to the successful

recovery of Great Lakes Basin fishery resources.

(4) The Great Lakes Basin contains important breeding

and migration habitat for all types of migratory birds. Many

migratory bird species dependent on deteriorating Great Lakes

Basin habitat have suffered serious population declines in recent years.

(5) Over 80 percent of the original wetlands in the Great

Lakes Basin have been destroyed and such losses continue at

a rate of 20,000 acres annually.

(6) Contaminant burdens in the fish and wildlife resources

of the Great Lakes Basin are substantial and the impacts of

those contaminants on the life functions of important fish and

wildlife resources are poorly understood. Concern over the effects of those contaminants on human health have resulted in

numerous public health advisories recommending restricted or

no consumption of Great Lakes fish.

(7) The lower Great Lakes are uniquely different from the

upper Great Lakes biologically, physically, and in the degree of

human use and shoreline development, and special fishery resource assessments and management activities are necessary

to respond effectively to these special circumstances.

(16 U.S.C. 941)

SEC. 2003. PURPOSE.

The purposes of this Act are—

(1) to carry out a comprehensive study of the status, and

the assessment, management, and restoration needs, of the

fishery resources of the Great Lakes Basin;

(2) to develop proposals to implement recommendations resulting from that study; and

(3) to provide assistance to the Great Lakes Fisheries

Commission, States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and

management of the fish and wildlife resources and their habitat of the Great Lakes Basin.

(16 U.S.C. 941a)

SEC. 2004. DEFINITIONS.

In this Act—

(1) the term ‘‘Administrator’’ means the Administrator of

the Environmental Protection Agency;

(2) the term ‘‘Director’’ means the Director of the United

States Fish and Wildlife Service;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
295 Sec. 2005 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(3) the term ‘‘fish stock’’ means—

(A) a taxonomically distinct species or subspecies of

fish; or

(B) any other aggregation of fish that are geographically, ecologically, behaviorally, or otherwise limited from

breeding with individuals from other groups of fish and

are capable of management as a unit;

(4) the term ‘‘Great Lakes Basin’’ means the air, land,

water, and living organisms within the drainage basin of the

Saint Lawrence River at or upstream from the point at which

the river becomes the international boundary between Canada

and the United States;

(5) the term ‘‘Indian Tribe’’ means any Indian tribe, band,

village, nation, or other organized group or community that is

recognized by the Bureau of Indian Affairs as eligible for the

special programs and services provided by the United States to

Indians because of their status as Indians;

(6) the term ‘‘lower Great Lakes’’ means the region in

which is located that portion of the Great Lakes Basin which

is downstream from the confluence of the Saint Clair River and

Lake Huron near Port Huron, Michigan;

(7) the term ‘‘upper Great Lakes’’ means that portion of

the Great Lakes Basin which is upstream from the confluence

of the Saint Clair River and Lake Huron near Port Huron,

Michigan.

(8) the term ‘‘nonindigenous species’’ means a species of

plant or animal that did not occur in the Great Lake Basin before European colonization of North America;

(9) the term ‘‘Secretary’’ means the Secretary of the Army;

and

(10) the term ‘‘State Director’’ means the head of the agency, department, board, commission, or other governmental entity of each of the States of New York, Ohio, Indiana, Illinois,

Michigan, Wisconsin, Minnesota, and the Commonwealth of

Pennsylvania which is responsible for the management and

conservation of the fish and wildlife resources of that State.

(16 U.S.C. 941b)

SEC. 2005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY.

(a) IN GENERAL.—The Director shall conduct a comprehensive

study of the status of, and the assessment, management, and restoration needs of, the fishery resources of the Great Lakes Basin

and shall provide the opportunity for the Secretary, the Administrator, State Directors, Indian Tribes, the Great Lakes Fishery

Commission, appropriate Canadian Government entities, and other

appropriate entities to participate in the study. The Director shall

complete the study by October 1, 1994.

(b) MEMORANDUM OF UNDERSTANDING.—To provide opportunities for the full participation of all affected entities in the planning

and conduct of the study, the Director shall invite the entities identified in subsection (a) to enter into a memorandum of understanding regarding the scope and focus of the study and the responsibilities of each participant for conducting the study.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 2005 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 296

(c) CONTENT OF STUDY.—A study under this section shall include, but not be limited to—

(1) identifying and describing the component drainages of

the Great Lakes Basin (including the drainage for each of the

Great Lakes), analyzing how the characteristics and current or

expected land and water uses of those drainages have affected,

and can be expected to affect in the future, the fishery resources and fish habitats of the Great Lakes Basin;

(2) analyzing historical fishery resource data for the Great

Lakes Basin to identify the causes of past and continuing declines of the fishery resources and the impediments to restoring those resources;

(3) evaluating the adequacy, effectiveness, and consistency

of current Great Lakes interagency fisheries management

plans and Federal and State water quality programs, with respect to their effects on Great Lakes fishery resources;

(4) analyzing the impacts of, and management control alternatives for, recently introduced nonindigenous species, including the zebra mussel, the ruffe, and the spiny water flea

in accordance with the Aquatic Nuisance Prevention and Control Act of 1990;

(5) developing recommendations regarding—

(A) an action plan to analyze the effects of contaminant levels on fishery resources;

(B) an action plan for the cooperative restoration and

enhancement of depleted, nationally significant fish stocks,

including lake trout, yellow perch, lake sturgeon, walleye,

forage fish, and Atlantic salmon;

(C) planning and technical assistance that should be

provided to the Great Lakes Fisheries Commission, States,

and Indian Tribes to assist their fishery resource restoration efforts;

(D) mitigation measures to restore and enhance fishery resources adversely affected by past Federal (including

federally assisted or approved) water resource development

projects and other activities;

(E) increasing the involvement of the International

Joint Commission, the Great Lakes Commission, the Great

Lakes Fishery Commission, and other interjurisdictional

entities regarding fishery resources protection, restoration,

and enhancement;

(F) research projects and data gathering initiatives regarding population trends of fish stocks, including population abundance and structure, interspecific competition,

survival rates, and behavioral patterns;

(G) important fishery resource habitat and other areas

that should be protected, restored, or enhanced for the

benefit of Great Lakes fishery resources;

(H) how private conservation organizations, recreational and commercial fishing interests, the aquaculture industry, and the general public could contribute to

the implementation of the fishery resource restoration and

enhancement recommendations developed pursuant to this

Act; and

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
297 Sec. 2007 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(I) appropriate contributions that should be made by

States and other non-Federal entities to the cost of activities undertaken to implement the recommendations, including a description of—

(i) the activities that shall be cost-shared;

(ii) the entities or individuals which shall share

the costs of those activities;

(iii) the proportion of appropriate project and activity costs that shall be borne by non-Federal interests; and

(iv) how the entities or individuals who share

costs should finance their contribution.

(d) PROPOSALS FOR IMPLEMENTING RECOMMENDATIONS.—The

Director shall develop proposals for implementing the recommendations of the study developed under subsection (c)(5). The proposals

shall be consistent with the goals of the Great Lakes Water Quality

Agreement, as revised in 1987, the 1954 Great lakes Fisheries Convention, State and tribal fishery management jurisdiction, and the

1980 Joint Strategic Plan for the management of Great Lakes fishery resources.

(16 U.S.C. 941c)

SEC. 2006. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE

PROGRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.

In administering programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, the Director shall

seek to achieve the following goals:

(1) Restoring and maintaining self-sustaining fishery resource populations.

(2) Minimizing the impacts of contaminants on fishery and

wildlife resources.

(3) Protecting, maintaining, and, where degraded and destroyed, restoring fish and wildlife habitat, including the enhancement and creation of wetlands that result in a net gain

in the amount of those habitats.

(4) Stopping illegal activities adversely impacting fishery

and wildlife resources.

(5) Restoring threatened and endangered species to viable,

self-sustaining levels.

(6) Protecting, managing, and conserving migratory birds.

(16 U.S.C. 941d)

SEC. 2007. ESTABLISHMENT OF OFFICES.

(a) GREAT LAKES COORDINATION OFFICE.—The Director shall

establish a centrally located facility for the coordination of all

United States Fish an Wildlife Service activities in the Great Lakes

Basin, to be known as the ‘‘Great Lakes Coordination Office’’. The

functional responsibilities of the Great Lakes Coordination Office

shall include intra- and interagency coordination, information distribution, and public awareness outreach. The Great Lakes Coordination Office shall include all administrative and technical support

necessary to carry out its responsibilities.

(b) LOWER GREAT LAKES FISHERY RESOURCES OFFICE.—The Director shall establish an office with necessary administrative and

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 2008 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 298

technical support services to carry out all United States Fish and

Wildlife Service operational activities related to fishery resource

protection, restoration, maintenance, and enhancement in the

Lower Great Lakes. The office shall be known as the ‘‘Lower Great

Lakes Fishery Resources Office’’, and shall be centrally located in

the lower Great Lakes so as to facilitate fishery resource restoration and enhancement activities relating to the lower Great Lakes.

(c) UPPER GREAT LAKES FISHERY RESOURCES OFFICES.—The

Director shall establish one or more offices with necessary administrative and technical support services to carry out United States

Fish and Wildlife Service operational activities related to fishery

resource protection, restoration, maintenance, and enhancement in

the upper Great Lakes. Each of the offices shall be known as an

‘‘Upper Great Lakes Fishery Resources Office’’, and shall be appropriately located so as to facilitate fishery resource activities in the

upper Great Lakes.

(16 U.S.C. 941e)

SEC. 2008. ANNUAL REPORTS.

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

Act and annually thereafter, the Director shall submit a report to

the Committee on Merchant Marine and fisheries of the House of

Representatives and the Committee on Environment and Public

Works of the Senate. Each such report shall describe—

(1) the progress and findings of the studies conducted

under section 2005, including recommendations of implementing activities, where appropriate, that would contribute to

the restoration or improvement of one or more fish stocks of

the Great Lakes Basin; and

(2) activities undertaken to accomplish the goals stated in

section 2006.

(16 U.S.C. 941f)

SEC. 2009. AUTHORIZATION OF APPROPRIATIONS.

(a) There are authorized to be appropriated to the Director—

(1) for conducting a study under section 2005 not more than $4,000,000 for each of fiscal years 1991 through 1994;

(2) to establish and operate the Great Lakes Coordination

Office under section 2008(a) and Upper Great Lakes Fishery

Resources Offices under section 2008(c), not more than

$4,000,000 for each of fiscal years 1991 through 1995; and

(3) to establish and operate the Lower Great Lakes Fishery Resources Offices under section 2008(b), not more than

$2,000,000 for each of fiscal years 1991 through 1995.

(b) There are authorized to be appropriated to the Secretary to carry out this Act, not more than $1,500,000 for each of fiscal years

1991 through 1995.

(16 U.S.C. 941g)

TITLE III—WETLANDS

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Coastal Wetlands Planning, Protection and Restoration Act’’.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
299 Sec. 302 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(16 U.S.C. 3951 nt)

SEC. 302. DEFINITIONS.

As used in this title, the term—

(1) ‘‘Secretary’’ means the Secretary of the Army;

(2) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency;

(3) ‘‘development activities’’ means any activity, including

the discharge of dredged or fill material, which results directly

in a more than de minimus change in the hydrologic regime,

bottom contour, or the type, distribution or diversity of

hydrophytic vegetation, or which impairs the flow, reach, or

circulation of surface water within wetlands or other waters;

(4) ‘‘State’’ means the State of Louisiana;

(5) ‘‘coastal State’’ means a State of the United States in,

or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf

of Mexico, Long Island Sound, or one or more of the Great

Lakes; for the purposes of this title, the term also includes

Puerto Rico, the Virgin Islands, Guam, the Commonwealth of

the Northern Mariana Islands, and the Trust Territories of the

Pacific Islands, and American Samoa;

(6) ‘‘coastal wetlands restoration project’’ means any technically feasible activity to create, restore, protect, or enhance

coastal wetlands through sediment and freshwater diversion,

water management, or other measures that the Task Force

finds will significantly contribute to the long-term restoration

or protection of the physical, chemical and biological integrity

of coastal wetlands in the State of Louisiana, and includes any

such activity authorized under this title or under any other

provision of law, including, but not limited to, new projects,

completion or expansion of existing or on-going projects, individual phases, portions, or components of projects and operation, maintanence and rehabilitation of completed projects;

the primary purpose of a ‘‘coastal wetlands restoration project’’

shall not be to provide navigation, irrigation or flood control

benefits;

(7) ‘‘coastal wetlands conservation project’’ means—

(A) the obtaining of a real property interest in coastal

lands or waters, if the obtaining of such interest is subject

to terms and conditions that will ensure that the real

property will be administered for the long-term conservation of such lands and waters and the hydrology, water

quality and fish and wildlife dependent thereon; and

(B) the restoration, management, or enhancement of

coastal wetlands ecosystems if such restoration, management, or enhancement is conducted on coastal lands and

waters that are administered for the long-term conservation of such lands and waters and the hydrology, water

quality and fish and wildlife dependent thereon;

(8) ‘‘Governor’’ means the Governor of Louisiana;

(9) ‘‘Task Force’’ means the Louisiana Coastal Wetlands

Conservation and Restoration Task Force which shall consist of

the Secretary, who shall serve as chairman, the Administrator,

the Governor, the Secretary of the Interior, the Secretary of

Agriculture and the Secretary of Commerce; and

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 303 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 300

(10) ‘‘Director’’ means the Director of the United States

Fish and Wildlife Service.

(16 U.S.C. 3951)

SEC. 303. PRIORITY LOUISIANA COASTAL WETLANDS RESTORATION

PROJECTS.

(a) PRIORITY PROJECT LIST.—

(1) PREPARATION OF LIST.—Within forty-five days after the

date of enactment of this title, the Secretary shall convene the

Task Force to initiate a process to identify and prepare a list

of coastal wetlands restoration projects in Louisiana to provide

for the long-term conservation of such wetlands and dependent

fish and wildlife populations in order of priority, based on the

cost-effectiveness of such projects in creating, restoring, protecting, or enhancing coastal wetlands, taking into account the

quality of such coastal wetlands, with due allowance for smallscale projects necessary to demonstrate the use of new techniques or materials for coastal wetlands restoration.

(2) TASK FORCE PROCEDURES.—The Secretary shall convene

meetings of the Task Force as appropriate to ensure that the

list is produced and transmitted annually to the Congress as

required by this subsection. If necessary to ensure transmittal

of the list on a timely basis, the Task Force shall produce the

list by a majority vote of those Task Force members who are

present and voting; except that no coastal wetlands restoration

project shall be placed on the list without the concurrence of

the lead Task Force member that the project is cost effective

and sound from an engineering perspective. Those projects

which potentially impact navigation or flood control on the

lower Mississippi River System shall be constructed consistent

with section 304 of this Act.

(3) TRANSMITTAL OF LIST.—No later than one year after

the date of enactment of this title, the Secretary shall transmit

to the Congress the list of priority coastal wetlands restoration

projects required by paragraph (1) of this subsection. Thereafter, the list shall be updated annually by the Task Force

members and transmitted by the Secretary to the Congress as

part of the President’s annual budget submission. Annual

transmittals of the list to the Congress shall include a status

report on each project and a statement from the Secretary of

the Treasury indicating the amounts available for expenditure

to carry out this title.

(4) LIST OF CONTENTS.—

(A) AREA IDENTIFICATION; PROJECT DESCRIPTION.—The

list of priority coastal wetlands restoration projects shall

include, but not be limited to—

(i) identification, by map or other means, of the

coastal area to be covered by the coastal wetlands restoration project; and

(ii) a detailed description of each proposed coastal

wetlands restoration project including a justification

for including such project on the list, the proposed activities to be carried out pursuant to each coastal wetlands restoration project, the benefits to be realized by

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
301 Sec. 303 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

such project, the identification of the lead Task Force

member to undertake each proposed coastal wetlands

restoration project and the responsibilities of each

other participating Task Force member, an estimated

timetable for the completion of each coastal wetlands

restoration project, and the estimated cost of each

project.

(B) PRE-PLAN.—Prior to the date on which the plan required by subsection (b) of this section becomes effective,

such list shall include only those coastal wetlands restoration projects that can be substantially completed during a

five-year period commencing on the date the project is

placed on the list.

(C) Subsequent to the date on which the plan required

by subsection (b) of this section becomes effective, such list

shall include only those coastal wetlands restoration

projects that have been identified in such plan.

(5) FUNDING.—The Secretary shall, with the funds made

available in accordance with section 306 of this title, allocate

funds among the members of the Task Force based on the need

for such funds and such other factors as the Task Force deems

appropriate to carry out the purposes of this subsection.

(b) FEDERAL AND STATE PROJECT PLANNING.—

(1) PLAN PREPARATION.—The Task Force shall prepare a

plan to identify coastal wetlands restoration projects, in order

of priority, based on the cost-effectiveness of such projects in

creating, restoring, protecting, or enhancing the long-term conservation of coastal wetlands, taking into account the quality

of such coastal wetlands, with due allowance for small-scale

projects necessary to demonstrate the use of new techniques or

materials for coastal wetlands restoration. Such restoration

plan shall be completed within three years from the date of enactment of this title.

(2) PURPOSE OF THE PLAN.—The purpose of the restoration

plan is to develop a comprehensive approach to restore and

prevent the loss of, coastal wetlands in Louisiana. Such plan

shall coordinate and integrate coastal wetlands restoration

projects in a manner that will ensure the long-term conservation of the coastal wetlands of Louisiana.

(3) INTEGRATION OF EXISTING PLANS.—In developing the

restoration plan, the Task Force shall seek to integrate the

‘‘Louisiana Comprehensive Coastal Wetlands Feasibility Study’’

conducted by the Secretary of the Army and the ‘‘Coastal Wetlands Conservation and Restoration Plan’’ prepared by the

State of Louisiana’s Wetlands Conservation and Restoration

Task Force.

(4) ELEMENTS OF THE PLAN.—The restoration plan developed pursuant to this subsection shall include—

(A) identification of the entire area in the State that

contains coastal wetlands;

(B) identification, by map or other means, of coastal

areas in Louisiana in need of coastal wetlands restoration

projects;

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 303 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 302

(C) identification of high priority coastal wetlands restoration projects in Louisiana needed to address the areas

identified in subparagraph (B) and that would provide for

the long-term conservation of restored wetlands and dependent fish and wildlife populations;

(D) a listing of such coastal wetlands restoration

projects, in order of priority, to be submitted annually, incorporating any project identified previously in lists produced and submitted under subsection (a) of this section;

(E) a detailed description of each proposed coastal wetlands restoration project, including a justification for including such project on the list;

(F) the proposed activities to be carried out pursuant

to each coastal wetlands restoration project;

(G) the benefits to be realized by each such project;

(H) an estimated timetable for completion of each

coastal wetlands restoration project;

(I) an estimate of the cost of each coastal wetlands restoration project;

(J) identification of a lead Task Force member to undertake each proposed coastal wetlands restoration project

listed in the plan;

(K) consultation with the public and provision for public review during development of the plan; and

(L) evaluation of the effectiveness of each coastal wetlands restoration project in achieving long-term solutions

to arresting coastal wetlands loss in Louisiana.

(5) PLAN MODIFICATION.—The Task Force may modify the

restoration plan from time to time as necessary to carry out

the purposes of this section.

(6) PLAN SUBMISSION.—Upon completion of the restoration

plan, the Secretary shall submit the plan to the Congress. The

restoration plan shall become effective ninety days after the

date of its submission to the Congress.

(7) PLAN EVALUATION.—Not less than three years after the

completion and submission of the restoration plan required by

this subsection and at least every three years thereafter, the

Task Force shall provide a report to the Congress containing

a scientific evaluation of the effectiveness of the coastal wetlands restoration projects carried out under the plan in creating, restoring, protecting and enhancing coastal wetlands in

Louisiana.

(c) COASTAL WETLANDS RESTORATION PROJECT BENEFITS.—

Where such a determination is required under applicable law, the

net ecological, aesthetic, and cultural benefits, together with the

economic benefits, shall be deemed to exceed the costs of any coastal wetlands restoration project within the State which the Task

Force finds to contribute significantly to wetlands restoration.

(d) CONSISTENCY.—(1) In implementing, maintaining, modifying, or rehabilitating navigation, flood control or irrigation

projects, other than emergency actions, under other authorities, the

Secretary, in consultation with the Director and the Administrator,

shall ensure that such actions are consistent with the purposes of

the restoration plan submitted pursuant to this section.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
303 Sec. 303 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(2) At the request of the Governor of the State of Louisiana,

the Secretary of Commerce shall approve the plan as an amendment to the State’s coastal zone management program approved

under section 306 of the Coastal Zone Management Act of 1972 (16

U.S.C. 1455).

(e) FUNDING OF WETLANDS RESTORATION PROJECTS.—The Secretary shall, with the funds made available in accordance with this

title, allocate such funds among the members of the Task Force to

carry out coastal wetlands restoration projects in accordance with

the priorities set forth in the list transmitted in accordance with

this section. The Secretary shall not fund a coastal wetlands restoration project unless that project is subject to such terms and

conditions as necessary to ensure that wetlands restored, enhanced

or managed through that project will be administered for the longterm conservation of such lands and waters and dependent fish and

wildlife populations.

(f) COST-SHARING.—

(1) FEDERAL SHARE.—Amounts made available in accordance with section 306 of this title to carry out coastal wetlands

restoration projects under this title shall provide 75 percent of

the cost of such projects.

(2) FEDERAL SHARE UPON CONSERVATION PLAN APPROVAL.—

Notwithstanding the previous paragraph, if the State develops

a Coastal Wetlands Conservation Plan pursuant to this title,

and such conservation plan is approved pursuant to section

304 of this title, amounts made available in accordance with

section 306 of this title for any coastal wetlands restoration

project under this section shall be 85 percent of the cost of the

project. In the event that the Secretary, the Director, and the

Administrator jointly determine that the State is not taking

reasonable steps to implement and administer a conservation

plan developed and approved pursuant to this title, amounts

made available in accordance with section 306 of this title for

any coastal wetlands restoration project shall revert to 75 percent of the cost of the project: Provided, however, that such reversion to the lower cost share level shall not occur until the

Governor has been provided notice of, and opportunity for

hearing on, any such determination by the Secretary, the Director, and Administrator, and the State has been given ninety

days from such notice or hearing to take corrective action.

(3) FORM OF STATE SHARE.—The share of the cost required

of the State shall be from a non-Federal source. Such State

share shall consist of a cash contribution of not less than 5 percent of the cost of the project. The balance of such State share

may take the form of lands, easements, or right-of-way, or any

other form of in-kind contribution determined to be appropriate

by the lead Task Force member.

(4) Paragraphs (1), (2), and (3) of this subsection shall not

affect the existing cost-sharing agreements for the following

projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater Diversion, and Bonnet Carre Freshwater Diversion.

(16 U.S.C. 3952)

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 304 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 304

SEC. 304. LOUISIANA COASTAL WETLANDS CONSERVATION PLANNING.

(a) DEVELOPMENT OF CONSERVATION PLAN.—

(1) AGREEMENT.—The Secretary, the Director, and the Administrator are directed to enter into an agreement with the

Governor, as set forth in paragraph (2) of this subsection, upon

notification of the Governor’s willingness to enter into such

agreement.

(2) TERMS OF AGREEMENT.—

(A) Upon receiving notification pursuant to paragraph

(1) of this subsection, the Secretary, the Director, and the

Administrator shall promptly enter into an agreement

(hereafter in this section referred to as the ‘‘agreement’’)

with the State under the terms set forth in subparagraph

(B) of this paragraph.

(B) The agreement shall—

(i) set forth a process by which the State agrees

to develop, in accordance with this section, a coastal

wetlands conservation plan (hereafter in this section

referred to as the ‘‘conservation plan’’);

(ii) designate a single agency of the State to develop the conservation plan;

(iii) assure an opportunity for participation in the

development of the conservation plan, during the planning period, by the public and by Federal and State

agencies;

(iv) obligate the State, not later than three years

after the date of signing the agreement, unless extended by the parties thereto, to submit the conservation plan to the Secretary, the Director, and the Administrator for their approval; and

(v) upon approval of the conservation plan, obligate the State to implement the conservation plan.

(3) GRANTS AND ASSISTANCE.—Upon the date of signing the

agreement—

(A) the Administrator shall, in consultation with the

Director, with the funds made available in accordance with

section 306 of this title, make grants during the development of the conservation plan to assist the designated

State agency in developing such plan. Such grants shall

not exceed 75 percent of the cost of developing the plan;

and

(B) the Secretary, the Director, and the Administrator

shall provide technical assistance to the State to assist it

in the development of the plan.

(b) CONSERVATION PLAN GOAL.—If a conservation plan is developed pursuant to this section, it shall have a goal of achieving no

net loss of wetlands in the coastal areas of Louisiana as a result

of development activities initiated subsequent to approval of the

plan, exclusive of any wetlands gains achieved through implementation of the preceding section of this title.

(c) ELEMENTS OF CONSERVATION PLAN.—The conservation plan

authorized by this section shall include—

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
305 Sec. 304 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

(1) identification of the entire coastal area in the State

that contains coastal wetlands;

(2) designation of a single State agency with the responsibility for implementing and enforcing the plan;

(3) identification of measures that the State shall take in

addition to existing Federal authority to achieve a goal of no

net loss of wetlands as a result of development activities, exclusive of any wetlands gains achieved through implementation

of the preceding section of this title;

(4) a system that the State shall implement to account for

gains and losses of coastal wetlands within coastal areas for

purposes of evaluating the degree to which the goal of no net

loss of wetlands as a result of development activities in such

wetlands or other waters has been attained;

(5) satisfactory assurances that the State will have adequate personnel, funding, and authority to implement the plan;

(6) a program to be carried out by the State for the purpose of educating the public concerning the necessity to conserve wetlands;

(7) a program to encourage the use of technology by persons engaged in development activities that will result in negligible impact on wetlands; and

(8) a program for the review, evaluation, and identification

of regulatory and nonregulatory options that will be adopted by

the State to encourage and assist private owners of wetlands

to continue to maintain those lands as wetlands.

(d) APPROVAL OF CONSERVATION PLAN.— (1) IN GENERAL.—If the Governor submits a conservation

plan to the Secretary, the Director, and the Administrator for

their approval, the Secretary, the Director, and the Administrator shall, within one hundred and eighty days following receipt of such plan, approve or disapprove it.

(2) APPROVAL CRITERIA.—The Secretary, the Director, and

the Administrator shall approve a conservation plan submitted

by the Governor, if they determine that—

(A) the State has adequate authority to fully implement all provisions of such a plan;

(B) such a plan is adequate to attain the goal of no net

loss of coastal wetlands as a result of development activities and complies with the other requirements of this section; and

(C) the plan was developed in accordance with terms

of the agreement set forth in subsection (a) of this section.

(e) MODIFICATION OF CONSERVATION PLAN.—

(1) NONCOMPLIANCE.—If the Secretary, the Director, and

the Administrator determine that a conservation plan submitted by the Governor does not comply with the requirements

of subsection (d) of this section, they shall submit to the Governor a statement explaining why the plan is not in compliance

and how the plan should be changed to be in compliance.

(2) RECONSIDERATION.—If the Governor submits a modified

conservation plan to the Secretary, the Director, and the Administrator for their reconsideration, the Secretary, the Director, and Administrator shall have ninety days to determine

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 305 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 306

whether the modifications are sufficient to bring the plan into

compliance with requirements of subsection (d) of this section.

(3) APPROVAL OF MODIFIED PLAN.—If the Secretary, the Director, and the Administrator fail to approve or disapprove the

conservation plan, as modified, within the ninety-day period

following the date on which it was submitted to them by the

Governor, such plan, as modified, shall be deemed to be approved effective upon the expiration of such ninety-day period.

(f) AMENDMENTS TO CONSERVATION PLAN.—If the Governor

amends the conservation plan approved under this section, any

such amended plan shall be considered a new plan and shall be

subject to the requirements of this section; except that minor

changes to such plan shall not be subject to the requirements of

this section.

(g) IMPLEMENTATION OF CONSERVATION PLAN.—A conservation

plan approved under this section shall be implemented as provided

therein.

(h) FEDERAL OVERSIGHT.—

(1) INITIAL REPORT TO CONGRESS.—Within one hundred

and eighty days after entering into the agreement required

under subsection (a) of this section, the Secretary, the Director,

and the Administrator shall report to the Congress as to the

status of a conservation plan approved under this section and

the progress of the State in carrying out such a plan, including

and accounting, as required under subsection (c) of this section,

of the gains and losses of coastal wetlands as a result of development activities.

(2) REPORT TO CONGRESS.—Twenty-four months after the

initial one hundred and eighty day period set forth in paragraph (1), and at the end of each twenty-four-month period

thereafter, the Secretary, the Director, and the Administrator

shall, report to the Congress on the status of the conservation

plan and provide an evaluation of the effectiveness of the plan

in meeting the goal of this section.

(16 U.S.C. 3953)

SEC. 305 NATIONAL COASTAL WETLANDS CONSERVATION GRANTS.

(a) MATCHING GRANTS.—The Director shall, with the funds

made available in accordance with the next following section of this

title, make matching grants to any coastal State to carry out coastal wetlands conservation projects from funds made available for

that purpose.

(b) PRIORITY.—Subject to the cost-sharing requirements of this

section, the Director may grant or otherwise provide any matching

moneys to any coastal State which submits a proposal substantial

in character and design to carry out a coastal wetlands conservation project. In awarding such matching grants, the Director shall

give priority to coastal wetlands conservation projects that are—

(1) consistent with the National Wetlands Priority Conservation Plan developed under section 301 of the Emergency

Wetlands Resources Act (16 U.S.C. 3921); and

(2) in coastal States that have established dedicated funding for programs to acquire coastal wetlands, natural areas

and open spaces. In addition, priority consideration shall be

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
307 Sec. 305 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

given to coastal wetlands conservation projects in maritime forests on coastal barrier islands.

(c) CONDITIONS.—The Director may only grant or otherwise

provide matching moneys to a coastal State for purposes of carrying out a coastal wetlands conservation project if the grant or

provision is subject to terms and conditions that will ensure that

any real property interest acquired in whole or in part, or enhanced, managed, or restored with such moneys will be administered for the long-term conservation of such lands and waters and

the fish and wildlife dependent thereon.

(d) COST-SHARING.— (1) FEDERAL SHARE.—Grants to coastal States of matching

moneys by the Director for any fiscal year to carry out coastal

wetlands conservation projects shall be used for the payment

of not to exceed 50 percent of the total costs of such projects:

except that such matching moneys may be used for payment

of not to exceed 75 percent of the costs of such projects if a

coastal State has established and is using one of the following

for the purpose of acquiring coastal wetlands, other natural

areas or open spaces:

(A) a trust fund from which the principal is not spent; or

(B) a fund derived from a dedicated recurring source of monies including, but not limited to, real estate transfer fees or

taxes, cigarette taxes, tax check-offs, or motor vehicle license

plate fees.

(2) FORM OF STATE SHARE.—The matching moneys required

of a coastal State to carry out a coastal wetlands conservation

project shall be derived from a non-Federal source.

(3) IN-KIND CONTRIBUTIONS.—In addition to cash outlays

and payments, in-kind contributions of property or personnel

services by non-Federal interests for activities under this section may be used for the non-Federal share of the cost of those

activities.

(e) PARTIAL PAYMENTS.—

(1) The Director may from time to time make matching

payments to carry out coastal wetlands conservation projects

as such projects progress, but such payments, including previous payments, if any, shall not be more than the Federal pro

rata share of any such project in conformity with subsection (d)

of this section.

(2) The Director may enter into agreements to make

matching payments on an initial portion of a coastal wetlands

conservation project and to agree to make payments on the remaining Federal share of the costs of such project from subsequent moneys if and when they become available. The liability

of the United States under such an agreement is contingent

upon the continued availability of funds for the purpose of this

section.

(f) WETLANDS ASSESSMENT.—The Director shall, with the funds

made available in accordance with the next following section of this

title, direct the U.S. Fish and Wildlife Service’s National Wetland

Inventory to update and digitize wetlands maps in the State of

Texas and to conduct an assessment of the status, condition, and

trends of wetlands in that State.

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
Sec. 306 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL 308

(16 U.S.C. 3954)

SEC. 306. DISTRIBUTION OF APPROPRIATIONS.

(a) PRIORITY PROJECT AND CONSERVATION PLANNING EXPENDITURES.—Of the total amount appropriated during a given fiscal

year to carry out this title, 70 percent, not to exceed $70,000,000,

shall be available, and shall remain available until expended, for

the purposes of making expenditures—

(1) not to exceed the aggregate amount of $5,000,000 annually to assist the Task Force in the preparation of the list

required under this title and the plan required under this title,

including preparation of—

(A) preliminary assessments;

(B) general or site-specific inventories;

(C) reconnaissance, engineering or other studies;

(D) preliminary design work; and

(E) such other studies as may be necessary to identify

and evaluate the feasibility of coastal wetland restoration

projects;

(2) to carry out coastal wetlands restoration projects in accordance with the priorities set forth on the list prepared

under this title;

(3) to carry out wetlands restoration projects in accordance

with the priorities set forth in the restoration plan prepared

under this title;

(4) to make grants not to exceed $2,500,000 annually or

$10,000,000 in total, to assist the agency designated by the

State in development of the Coastal Wetlands Conservation

Plan pursuant to this title.

(b) COASTAL WETLANDS CONSERVATION GRANTS.—Of the total

amount appropriated during a given fiscal year to carry out this

title, 15 percent, not to exceed $15,000,000 shall be available, and

shall remain available to the Director, for purposes of making

grants—

(1) to any coastal State, except States eligible to receive

funding under section 306(a), to carry out coastal wetlands conservation projects in accordance with section 305 of this title;

and

(2) in the amount of $2,500,000 in total for an assessment

of the status, condition, and trends of wetlands in the State of

Texas.

(c) NORTH AMERICAN WETLANDS CONSERVATION.—Of the total

amount appropriated during a given fiscal year to carry out this

title, 15 percent, not to exceed $15,000,000, shall be available to,

and shall remain available until expended by, the Secretary of the

Interior for allocation to carry out wetlands conservation projects

in coastal wetlands ecosystems in any coastal State under section

8 of the North American Wetlands Conservation Act (Public Law

101–233, 103 Stat. 1968, December 13, 1989).

(16 U.S.C. 3955)

SEC. 307. GENERAL PROVISIONS.

(a) ADDITIONAL AUTHORITY FOR THE CORPS OF ENGINEERS.—

The Secretary is authorized to carry out projects for the protection,

restoration, or enhancement of aquatic and associated ecosystems,

Q:\COMP\WATER1\NANPCA90

December 29, 2000 
309 Sec. 4002 NONINDIGENOUS AQUATIC NUISANCE PREVENTION & CONTROL

including projects for the protection, restoration, or creation of wetlands and coastal ecosystems. In carrying out such projects, the

Secretary shall give such projects equal consideration with projects

relating to irrigation, navigation, or flood control.

(b) STUDY.—The Secretary is hereby authorized and directed to

study the feasibility of modifying the operation of existing navigation and flood control projects to allow for an increase in the share

of the Mississippi River flows and sediment sent down the

Atchafalaya River for purposes of land building and wetlands nourishment.

(16 U.S.C. 3956)

SEC. 308. CONFORMING AMENDMENT.

16 U.S.C. 777c is amended by adding the following after the

first sentence: ‘‘The Secretary shall distribute 18 per centum of

each annual appropriation made in accordance with the provisions

of section 777b of this title as provided in the Coastal Wetlands

Planning, Protection and Restoration Act: Provided, That, notwithstanding the provisions of section 777b, such sums shall remain

available to carry out such Act through fiscal year 1999.’’.

TITLE IV—GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOPMENT

SEC. 4001. SHORT TITLE.

This title may be cited as the ‘‘Great Lakes Oil Pollution Research and Development Act’’.

SEC. 4002. GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOPMENT.

Section 7001 of the Oil Pollution Act of 1990 (Public Law 101–

380) is amended as follows:

(1) GREAT LAKES DEMONSTRATION PROJECT.—In subsection

(c)(6), strike ‘‘3’’ and insert ‘‘4’’, strike ‘‘and’’ after ‘‘California,’’,

and insert ‘‘and (D) ports on the Great Lakes,’’ after ‘‘Louisiana,’’.

(2) FUNDING.—In subsection (f) strike ‘‘21,250,000’’ and insert ‘‘22,000,000’’ and in subsection (f)(2) strike ‘‘2,250,000’’ and

insert ‘‘3,000,000’’.

Q:\COMP\WATER1\NANPCA90

December 29, 2000