I 

109TH CONGRESS 

2D SESSION H. R. 5100 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2006 

Mr. EHLERS (for himself, Mr. EMANUEL, Mr. REYNOLDS, Mr. KIRK, Mr. 

DINGELL, Mr. HOEKSTRA, Mr. BISHOP of New York, Ms. MCCOLLUM of 

Minnesota, Mr. RYAN of Ohio, Mr. ENGLISH of Pennsylvania, Mr. KIND, 

Mr. KILDEE, Ms. BEAN, Mr. HIGGINS, Ms. SLAUGHTER, Mr. STUPAK, 

Ms. SCHAKOWSKY, Mr. EVANS, Mr. LEVIN, Mr. BROWN of Ohio, Mr. 

GUTIERREZ, Ms. KAPTUR, Mr. STRICKLAND, Mr. LIPINSKI, Ms. MOORE

of Wisconsin, Mr. LATOURETTE, Mr. UPTON, Mr. MCCOTTER, and Mr. 

CAMP) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on Resources, Science, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a collaborative program to protect the Great 

Lakes, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Great Lakes Collaboration Implementation Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—INVASIVE SPECIES PREVENTION 

Subtitle A—National Aquatic Invasive Species 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Definitions. 

CHAPTER 1—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE

SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS

Sec. 104. Vessel pathway requirements. 

Sec. 105. Requirements for new vessels. 

Sec. 106. Great Lakes program. 

Sec. 107. Authority of Secretary; regulations. 

Sec. 108. Sanctions. 

Sec. 109. Program coordination. 

Sec. 110. Vessel safety. 

Sec. 111. Relationship to other law. 

Sec. 112. Armed services whole vessel management program. 

Sec. 113. Conforming amendments. 

CHAPTER 2—PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE

SPECIES BY OTHER PATHWAYS

Sec. 114. Priority pathway management program. 

Sec. 115. Screening process for planned importations of live aquatic organisms. 

CHAPTER 3—EARLY DETECTION; RAPID RESPONSE; CONTROL AND

OUTREACH

Sec. 116. Early detection. 

Sec. 117. Rapid response. 

Sec. 118. Dispersal barriers. 

Sec. 119. Environmental soundness. 

Sec. 120. Information, education, and outreach. 

CHAPTER 4—COORDINATION

Sec. 121. Program coordination. 

Sec. 122. International coordination. 

CHAPTER 5—AUTHORIZATION OF APPROPRIATIONS

Sec. 123. Authorization of appropriations. 

CHAPTER 6—CONFORMING AMENDMENTS

Sec. 124. Conforming amendments. 

Subtitle B—Aquatic Invasive Species Research 


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Sec. 141. Short title. 

Sec. 142. Findings. 

Sec. 143. Definitions. 

Sec. 144. Coordination and implementation. 

Sec. 145. Ecological and pathway research. 

Sec. 146. Analysis. 

Sec. 147. Dissemination. 

Sec. 148. Technology development, demonstration, and verification. 

Sec. 149. Research to support the setting and implementation of ship pathway 

standards. 

Sec. 150. Research in systematics and taxonomy. 

Sec. 151. State programs. 

Subtitle C—Invasive Species Council 

Sec. 161. Short title. 

Sec. 162. Statement of policy regarding Federal duties. 

Sec. 163. National Invasive Species Council. 

Sec. 164. Duties. 

Sec. 165. National Invasive Species Management Plan. 

Sec. 166. Invasive Species Advisory Committee. 

Sec. 167. Budget crosscut. 

Sec. 168. Definitions. 

Sec. 169. Existing Executive Order. 

Sec. 170. Authorization of appropriations. 

TITLE II—HABITAT AND SPECIES 

Sec. 201. Definitions. 

Sec. 202. Identification, review, and implementation of proposals. 

Sec. 203. Goals of United States Fish and Wildlife Service programs related to 

Great Lakes fish and wildlife resources. 

Sec. 204. Establishment of offices. 

Sec. 205. Reports. 

Sec. 206. Authorization of appropriations. 

TITLE III—COASTAL HEALTH 

Sec. 301. Technical assistance. 

Sec. 302. Sewer overflow control grants. 

Sec. 303. Water pollution control revolving loan funds. 

Sec. 304. Allotment of funds. 

Sec. 305. Authorization of appropriations. 

TITLE IV—AREAS OF CONCERN 

Sec. 401. Great Lakes. 

TITLE V—CLEAN WATER AUTHORITY 

Sec. 501. Definition of waters of the United States. 

Sec. 502. Conforming amendments. 

TITLE VI—TOXIC SUBSTANCES 

Sec. 601. Mercury reduction grants. 

TITLE VII—INDICATORS AND INFORMATION 


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Subtitle A—Research Program 

Sec. 701. Research reauthorizations. 

Sec. 702. Great Lakes Science Center. 

Sec. 703. Great Lakes Environmental Research Laboratory. 

Subtitle B—Ocean and Coastal Observation System 

Sec. 711. Definitions. 

Sec. 712. Integrated ocean and coastal observing system. 

Sec. 713. Research, development, and education. 

Sec. 714. Interagency financing. 

Sec. 715. Application with Outer Continental Shelf Lands Act. 

Sec. 716. Authorization of appropriations. 

Sec. 717. Reporting requirement. 

Subtitle C—Great Lakes Water Quality Indicators and Monitoring 

Sec. 721. Great Lakes water quality indicators and monitoring. 

TITLE VIII—SUSTAINABLE DEVELOPMENT 

Sec. 801. Waterfront restoration and remediation projects. 

Sec. 802. Authority of Secretary to restore and remediate waterfront and related areas. 

Sec. 803. Authorization of appropriations. 

TITLE IX—COORDINATION AND OVERSIGHT 

Sec. 901. Definitions. 

Sec. 902. Great Lakes Interagency Task Force. 

Sec. 903. Executive Committee. 

Sec. 904. Great Lakes Regional Collaboration. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Great Lakes, with about 20 percent of 

4 the Earth’s fresh surface water, is a treasure of 

5 global significance, supporting drinking water for 

6 millions of people, providing for commerce, and 

7 recreation for people from across the Nation and 

8 around the world; 

9 (2) renewed efforts and investments are critical 

10 to aid in fulfilling the goals and objectives of the 


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1 Great Lakes Water Quality Agreement between the 

2 United States and Canada; 

3 (3) in a report issued in December 2005, a 

4 group of leading scientists from top institutions in 

5 the Great Lakes area found that— 

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

7 ecologic catastrophe; 

8 (B) the primary stressors straining the 

9 health of the Great Lakes are— 

10 (i) toxic chemicals; 

11 (ii) overloading of human waste and 

12 urban and agricultural runoff; 

13 (iii) physical changes to the shorelines 

14 and wetlands; 

15 (iv) invasive plant and animal species; 

16 (v) changes in water patterns; and 

17 (vi) overfishing; 

18 (C) the deterioration of the Great Lakes 

19 ecosystem is accelerating dramatically; and 

20 (D) if the pattern of deterioration is not 

21 reversed immediately, the damage could be ir22 reparable; 

23 (4) as a result of the stressors described in 

24 paragraph (3)(B)— 


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

2 2003; 

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

4 square mile dead zone that forms every sum5 mer; 

6 (C) the zebra mussels, an aquatic invasive 

7 species, cause $500,000,000 per year in eco8 nomic and environmental damage in the Great 

9 Lakes; 

10 (D) there is no appreciable natural repro11 duction of lake trout in the lower 4 Great 

12 Lakes; and 

13 (E) wildlife habitats have been destroyed, 

14 which has diminished fishing, hunting, and 

15 other outdoor recreation opportunities in the 

16 Great Lakes; 

17 (5) because of the patchwork approach to fixing 

18 the problems facing the Great Lakes, the problems 

19 have not only persisted in, but have also gotten 

20 worse in some areas of, the Great Lakes; 

21 (6) rather than dealing with 1 problem or loca22 tion of the Great Lakes at a time, a comprehensive 

23 restoration of the system is needed to prevent the 

24 Great Lakes from collapsing; 


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

2 Great Lakes Regional Collaboration, a unique part3 nership that was— 

4 (A) formed for the purpose of developing a 

5 strategic action plan for Great Lakes restora6 tion; and 

7 (B) composed of— 

8 (i) key members from the Federal 

9 Government, State and local governments, 

10 and Indian tribes; and 

11 (ii) other stakeholders; 

12 (8) over 1,500 people throughout the Great 

13 Lakes region participated in this collaborative proc14 ess, with participants working on 1 or more of the 

15 8 strategy teams that focused on different issues af16 fecting the Great Lakes basin; 

17 (9) the recommendations of the Great Lakes 

18 Regional Collaboration, which was released on De19 cember 12, 2005, identify actions to address the 

20 issues affecting the Great Lake basin on the Fed21 eral, State, local, and tribal level; and 

22 (10) comprehensive restoration must be adapt23 ive, and ongoing efforts are needed continually to 

24 implement the recommendations of the Great Lakes 

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1 toration, wetlands, emerging toxic pollutants, and 

2 other issues affecting the Great Lakes basin. 

3 TITLE I—INVASIVE SPECIES 

4 PREVENTION 

5 Subtitle A—National Aquatic 

6 Invasive Species 

7 SEC. 101. SHORT TITLE. 

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

9 Invasive Species Act of 2006’’. 

10 SEC. 102. FINDINGS. 

11 Congress finds that— 

12 (1) aquatic invasive species are second only to 

13 habitat destruction as a cause of permanent losses 

14 in biological diversity of aquatic ecosystems of the 

15 United States; 

16 (2) aquatic invasive species continue to be in17 troduced into water of the United States at an unac18 ceptable rate; 

19 (3) aquatic invasive species damage infrastruc20 ture, disrupt commerce, outcompete native species, 

21 reduce biodiversity, and threaten human health; 

22 (4) the direct and indirect costs of aquatic 

23 invasive species to the economy of the United States 

24 amount to billions of dollars per year; 


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1 (5) in the Great Lakes region, approximately 

2 $3,000,000,000 has been spent in the past 10 years 

3 to mitigate the damage caused by a single invasive 

4 species, the zebra mussel; 

5 (6) wetlands suffer compound impacts from— 

6 (A) terrestrial infestations (such as Nu7 tria); 

8 (B) aquatic infestations (such as Hydrilla); 

9 and 

10 (C) riparian infestations (such as Purple 

11 Loosestrife); 

12 (7) prevention of aquatic invasive species is the 

13 most environmentally sound and cost-effective man14 agement approach because once established, aquatic 

15 invasive species are costly, and sometimes impossible 

16 to control; 

17 (8) to be effective, the prevention, early detec18 tion, and control of and rapid response to aquatic 

19 invasive species should be coordinated regionally, na20 tionally, and internationally; 

21 (9) pathway management is the most promising 

22 approach to reducing unplanned introductions of 

23 aquatic invasive species; 


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1 (10) consistent national screening criteria are 

2 needed to evaluate the potential risk of nonindige3 nous aquatic species; 

4 (11) States and regions have unique 

5 vulnerabilities with respect to aquatic invasive spe6 cies and unique means for addressing aquatic 

7 invasive species; 

8 (12) a comprehensive research program which 

9 monitors pathways and ecosystems to detect the es10 tablishment and track the spread of invasive species, 

11 develop and demonstrate effective management and 

12 control methods, and monitor success of prevention 

13 and control efforts, is essential to accurate identi14 fication and management of high risk pathways; and 

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

16 to understake a comprehensive and thorough pro17 gram to research, prevent, manage, and control in18 troductions of aquatic species that may become 

19 invasive and to coordinate that program to the ex20 tent possible with neighboring nations and efforts 

21 globally. 

22 SEC. 103. DEFINITIONS. 

23 Section 1003 of the Nonindigenous Aquatic Nuisance 

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

25 amended to read as follows: 


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1 ‘‘SEC. 1003. DEFINITIONS. 

2 ‘‘In this Act, the following definitions apply: 

3 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis4 trator’ means the Administrator of the Environ5 mental Protection Agency. 

6 ‘‘(2) AQUATIC ECOSYSTEMS IN THE UNITED

7 STATES.—The term ‘aquatic ecosystems in the 

8 United States’ means freshwater, marine, and estua9 rine environments (including inland waters and wet10 lands), located in waters of the United States. 

11 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As12 sistant Secretary’ means the Assistant Secretary of 

13 the Army for Civil Works. 

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

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

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

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

19 exclusive economic zone. 

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

21 the Director of the United States Fish and Wildlife 

22 Service. 

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

24 ‘environmentally sound’, when used in reference to 

25 any activity, refers to an activity that prevents or re26 duces introductions, or controls infestations, of 


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1 aquatic invasive species in a manner that minimizes 

2 adverse effects on— 

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

5 ‘‘(B) nontarget organisms and ecosystems. 

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

7 ‘exclusive economic zone’ means the area comprised 

8 of— 

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

10 United States established by Proclamation 

11 Number 5030, dated March 10, 1983; and 

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

13 Mexico. 

14 ‘‘(9) GREAT LAKE.—The term ‘Great Lake’ 

15 means— 

16 ‘‘(A) Lake Erie; 

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

18 Clair); 

19 ‘‘(C) Lake Michigan; 

20 ‘‘(D) Lake Ontario; 

21 ‘‘(E) Lake Superior; 

22 ‘‘(F) the connecting channels of those 

23 Lakes, including— 

24 ‘‘(i) the Saint Mary’s River; 

25 ‘‘(ii) the Saint Clair River; 


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1 ‘‘(iii) the Detroit River; 

2 ‘‘(iv) the Niagara River; and 

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

4 Canadian border; and 

5 ‘‘(G) any other body of water located with6 in the drainage basin of a Lake, River, or con7 necting channel described in any of subpara8 graphs (A) through (F). 

9 ‘‘(10) GREAT LAKES REGION.—The term ‘Great 

10 Lakes region’ means the region comprised of the 

11 States of Illinois, Indiana, Michigan, Minnesota, 

12 New York, Ohio, Pennsylvania, and Wisconsin. 

13 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

15 Indian Self-Determination and Education Assistance 

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

17 ‘‘(12) INTERBASIN WATERWAY.—The term 

18 ‘interbasin waterway’ means a waterway that con19 nects 2 distinct water basins. 

20 ‘‘(13) INTERNATIONAL JOINT COMMISSION.— 

21 The term ‘International Joint Commission’ means 

22 the commission established by article VII of the 

23 Treaty relating to boundary waters and questions 

24 arising along the boundary between the United 


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1 States and Canada, signed at Washington on Janu2 ary 11, 1909 (36 Stat. 2448). 

3 ‘‘(14) INTRODUCTION.—The term ‘introduction’ 

4 means the transfer of an organism to an ecosystem 

5 outside the historic range of the species of which the 

6 organism is a member. 

7 ‘‘(15) INVASION.—The term ‘invasion’ means 

8 an infestation of an aquatic invasive species. 

9 ‘‘(16) INVASIVE SPECIES.—The term ‘invasive 

10 species’ means a nonindigenous species the introduc11 tion of which into an ecosystem may cause harm to 

12 the economy, environment, human health, recreation, 

13 or public welfare. 

14 ‘‘(17) INVASIVE SPECIES COUNCIL.—The term 

15 ‘Invasive Species Council’ means the interagency 

16 council established by section 3 of Executive Order 

17 No. 13112 (42 U.S.C. 4321 note). 

18 ‘‘(18) NONINDIGENOUS SPECIES.—The term 

19 ‘nonindigenous species’ means any species in an eco20 system beyond its historic range. 

21 ‘‘(19) SPECIES IN TRADE.—The term ‘species 

22 in trade’ means a species that has a documented his23 tory of being commercially imported into the United 

24 States in the period beginning on January 1, 1990, 

25 and ending on January 1, 2002. 


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1 ‘‘(20) ORGANISM TRANSFER.—The term ‘orga2 nism transfer’ means the movement of an organism 

3 of any species from one ecosystem to another eco4 system outside the historic range of the species. 

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

6 one or more vectors by which an invasive species is 

7 transferred from one ecosystem to another. 

8 ‘‘(22) PLANNED IMPORTATION.—The term 

9 ‘planned importation’ means the purposeful move10 ment of one or more nonindigenous organisms for 

11 use in the territorial limits of the United States. 

12 ‘‘(23) REGIONAL PANEL.—The term ‘regional 

13 panel’ means a panel convened in accordance with 

14 section 1203. 

15 ‘‘(24) SECRETARY.—The term ‘Secretary’ 

16 means the Secretary of Homeland Security. 

17 ‘‘(25) SPECIES.—The term ‘species’ means any 

18 fundamental category of taxonomic classification, or 

19 any viable biological material, ranking below a genus 

20 or subgenus. 

21 ‘‘(26) TASK FORCE.—The term ‘Task Force’ 

22 means the Aquatic Invasive Species Task Force es23 tablished by section 1201(a). 

24 ‘‘(27) TERRITORIAL SEA.—The term ‘territorial 

25 sea’ means the belt of the sea measured from the 


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1 baseline of the United States determined in accord2 ance with international law, as set forth in Presi3 dential Proclamation Number 5928, dated December 

4 27, 1988. 

5 ‘‘(28) TREATMENT.—The term ‘treatment’ 

6 means a mechanical, physical, chemical, biological, 

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

8 rendering inviable, organisms. 

9 ‘‘(29) TYPE APPROVAL.—The term ‘type ap10 proval’ means an approval procedure under which a 

11 type of system is initially certified as meeting a 

12 standard established by law (including a regulation) 

13 for a particular application if operated correctly. 

14 ‘‘(30) UNDER SECRETARY.—The term ‘Under 

15 Secretary’ means the Under Secretary of Commerce 

16 for Oceans and Atmosphere. 

17 ‘‘(31) UNDESIRABLE IMPACT.—The term ‘unde18 sirable impact’ means economic, human health, aes19 thetic, or environmental degradation that is not nec20 essary for, and is not clearly outweighed by, public 

21 health, environmental, or welfare benefits. 

22 ‘‘(32) WATERS OF THE UNITED STATES.— 

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

24 the United States’ means the navigable waters 

25 and territorial sea of the United States. 


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

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

3 CHAPTER 1—PREVENTION OF INTRODUC4 TION OF AQUATIC INVASIVE SPECIES 

5 INTO WATERS OF THE UNITED STATES 

6 BY VESSELS 

7 SEC. 104. VESSEL PATHWAY REQUIREMENTS. 

8 (a) REQUIREMENTS FOR VESSELS OPERATING IN

9 WATERS OF THE UNITED STATES.—Section 1101 of the 

10 Nonindigenous Aquatic Nuisance Prevention and Control 

11 Act of 1990 (16 U.S.C. 4711) is amended by striking sub12 section (a) and inserting the following: 

13 ‘‘(a) REQUIREMENTS FOR ALL VESSELS OPERATING

14 IN WATERS OF THE UNITED STATES.— 

15 ‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.— 

16 ‘‘(A) IN GENERAL.—Effective beginning on 

17 the date that is 180 days after the issuance of 

18 guidelines pursuant to subparagraph (D) and 

19 the promulgation of guidelines or regulations 

20 under this section, each vessel that is equipped 

21 with ballast, and other towed vessels and struc22 tures, operating in waters of the United States 

23 shall have in effect, and have available for in24 spection, an aquatic invasive species manage25 ment plan that prescribes safe and effective 


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1 means by which the master of the vessel shall 

2 minimize introductions and transfers of invasive 

3 species by any part of the vessel, pursuant to 

4 the guidelines or regulations applicable to that 

5 vessel. 

6 ‘‘(B) SPECIFICITY.—The management plan 

7 shall be specific to the vessel (or group of ves8 sels with characteristics similar to that of the 

9 vessel, as determined by the Secretary). 

10 ‘‘(C) REQUIREMENTS.—The management 

11 plan shall include, at a minimum, such informa12 tion as is requested by the Secretary pursuant 

13 to subparagraph (D), including— 

14 ‘‘(i) operational requirements to safely 

15 and effectively comply with the ballast 

16 water management requirements under 

17 paragraph (4); 

18 ‘‘(ii) operational requirements to safe19 ly and effectively carry out any actions 

20 consistent with rapid response action re21 quired by States and approved by the Sec22 retary under section 1211; 

23 ‘‘(iii) other requirements specified in 

24 guidelines adopted by the International 

25 Maritime Organization; 


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1 ‘‘(iv) a description of all reporting re2 quirements and a copy of each form nec3 essary to meet those requirements; 

4 ‘‘(v) the position of the officer respon5 sible for implementation of ballast water 

6 management and reporting procedures on 

7 board; 

8 ‘‘(vi) documents relevant to any bal9 last water management equipment or pro10 cedures; 

11 ‘‘(vii) a description of the location of 

12 access points for sampling ballast or sedi13 ments pursuant to paragraph (3)(B)(vi); 

14 ‘‘(viii) a description of requirements 

15 relating to compliance with any approved 

16 rapid response strategy relevant to the voy17 age of the vessel; 

18 ‘‘(ix) a contingency strategy applicable 

19 under subsection (k), if appropriate; and 

20 ‘‘(x) such requirements described in 

21 subsection (e) as are applicable to the ves22 sel. 

23 ‘‘(D) GUIDELINES.—Not later than 18 

24 months after the date of enactment of the Na25 tional Aquatic Invasive Species Act of 2005, the 


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1 Secretary shall issue final guidelines for the de2 velopment of invasive species management 

3 plans, including guidelines that— 

4 ‘‘(i) identify types of vessels for which 

5 plans are required; 

6 ‘‘(ii) establish processes for updating 

7 and revising the plans; and 

8 ‘‘(iii) establish criteria for compliance 

9 with this subsection. 

10 ‘‘(2) RECORDS.—The master of a vessel shall— 

11 ‘‘(A) maintain records of all ballast oper12 ations, for such period of time and including 

13 such information as the Secretary may specify; 

14 ‘‘(B) permit inspection of the records by 

15 representatives of the Secretary and of the 

16 State in which the vessel has entered a port; 

17 and 

18 ‘‘(C) transmit records to the National Bal19 last Information Clearinghouse established 

20 under section 1102(f). 

21 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

22 ‘‘(A) IN GENERAL.—Not later than 18 

23 months after the date of enactment of the Na24 tional Aquatic Invasive Species Act of 2005, the 

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1 ment practices to eliminate or minimize and 

2 monitor organism transfer by vessels. 

3 ‘‘(B) PRACTICES TO BE INCLUDED.—The 

4 best management practices shall include, but 

5 not be limited to— 

6 ‘‘(i) sediment management in trans7 oceanic vessels; 

8 ‘‘(ii) minimization of ballast water up9 take in areas where there is a greater risk 

10 of harmful organisms entering ballast 

11 tanks (such as areas with toxic algal 

12 blooms or known outbreaks of aquatic 

13 invasive species); 

14 ‘‘(iii) avoidance of unnecessary dis15 charge of ballast water in a port that was 

16 taken up in another port; 

17 ‘‘(iv) to the maximum extent prac18 ticable, collection and the proper disposal 

19 of debris from the cleaning of the hull; 

20 ‘‘(v) proper use of antifouling coating; 

21 and 

22 ‘‘(vi) provision of access points in bal23 last piping for sampling of ballast intake 

24 and discharge. 

25 ‘‘(4) BALLAST WATER MANAGEMENT.— 


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1 ‘‘(A) IN GENERAL.—Each vessel equipped 

2 with a ballast water tank that enters a United 

3 States port, except for a vessel subject to sub4 paragraph (B) and subsection (c), shall comply 

5 with the standards described in paragraphs (1) 

6 and (2) of subsection (b) and the regulations 

7 promulgated under subsection (e) relating to 

8 ballast water management. 

9 ‘‘(B) EXCEPTIONS.— 

10 ‘‘(i) VESSELS OPERATING ENTIRELY

11 WITHIN THE EXCLUSIVE ECONOMIC

12 ZONE.—A vessel equipped with a ballast 

13 water tank that operates entirely within 

14 the exclusive economic zone shall not be re15 quired to comply with the standard de16 scribed in subsection (b)(1). 

17 ‘‘(ii) VESSELS THAT OPERATE EXCLU18 SIVELY IN AN ENCLOSED AQUATIC ECO19 SYSTEM.— 

20 ‘‘(I) IN GENERAL.—A vessel 

21 equipped with ballast tanks and that 

22 operates exclusively in the upper 4 

23 Great Lakes, or in another enclosed 

24 aquatic ecosystem in which the poten25 tial for movement of organisms by 


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1 natural and anthropogenic means is 

2 not significantly altered by the move3 ment of the vessel, is not required to 

4 comply with the standards described 

5 in paragraphs (1) and (2) of sub6 section (b). 

7 ‘‘(II) ADDITIONAL ENCLOSED

8 AQUATIC ECOSYSTEMS.—The Admin9 istrator and Under Secretary, in con10 sultation with regional panels of the 

11 Task Force, may determine the other 

12 enclosed aquatic ecosystems that are 

13 covered by subclause (I).’’. 

14 (b) BALLAST WATER MANAGEMENT STANDARDS

15 AND CERTIFICATION PROCEDURES.—Section 1101 of the 

16 Nonindigenous Aquatic Nuisance Species Prevention and 

17 Control Act of 1990 (16 U.S.C. 4711) is further amend18 ed— 

19 (1) by striking subsections (b) through (f) and 

20 subsection (h); and 

21 (2) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) BALLAST WATER MANAGEMENT STANDARDS

24 AND CERTIFICATION PROCEDURES.— 

25 ‘‘(1) INTERIM STANDARDS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 18 

2 months after the date of enactment of the Na3 tional Aquatic Invasive Species Act of 2005, the 

4 Secretary, with the concurrence of the Adminis5 trator and in consultation with the Task Force, 

6 shall promulgate final regulations establishing 

7 interim standards indicating acceptable— 

8 ‘‘(i) operational performance for bal9 last water exchange (including contingency 

10 procedures in instances in which a safety 

11 exemption is used pursuant to subsection 

12 (k)); and 

13 ‘‘(ii) biological effectiveness of ballast 

14 water treatment systems (including on15 shore facilities and facilities on board ves16 sels). 

17 ‘‘(B) REQUIREMENTS.— 

18 ‘‘(i) BALLAST WATER EXCHANGE.— 

19 The interim standard for ballast water ex20 change described in subparagraph (A) shall 

21 require— 

22 ‘‘(I) at least 1 empty-and-refill 

23 cycle on the high sea or in an alter24 native exchange area designated by 

25 the Secretary, of each ballast tank 


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1 that contains ballast water to be dis2 charged into waters of the United 

3 States; 

4 ‘‘(II) in a case in which the mas5 ter of a vessel determines that compli6 ance with subclause (I) is impracti7 cable, a sufficient number of flow8 through exchanges of ballast water, on 

9 the high sea or in an alternative ex10 change area designated by the Sec11 retary, to achieve replacement of at 

12 least 95 percent of ballast water in 

13 ballast tanks of the vessel, as deter14 mined by a certification dye study 

15 conducted or model developed in ac16 cordance with protocols developed 

17 under paragraph (3)(B)(i) and re18 corded in the management plan of a 

19 vessel pursuant to subsection 

20 (a)(1)(C)(i); and 

21 ‘‘(III) an approved contingency 

22 procedure using best practicable tech23 nology or practices in instances in 

24 which a ballast water exchange is not 


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1 undertaken pursuant to subsection 

2 (k). 

3 ‘‘(ii) BALLAST SYSTEM DESIGN AND

4 WATER TREATMENT SYSTEMS.—The in5 terim standard for a ballast water system 

6 design and treatment system described in 

7 subparagraph (A) shall require that at 

8 least 95 percent of the live aquatic 

9 vertebrates, invertebrates, phytoplankton, 

10 and macroalgae, respectively, in ballast 

11 water taken in by a vessel or class of ves12 sels be killed or removed from ballast dis13 charge as determined by the qualified type 

14 approval process promulgated under para15 graph (3)(B)(ii). 

16 ‘‘(iii) CRITERIA; PERIOD OF EFFEC17 TIVENESS.—The interim standards de18 scribed in clauses (i) and (ii) shall— 

19 ‘‘(I) meet occupational safety and 

20 environmental soundness criteria de21 scribed in paragraph (7); and 

22 ‘‘(II) cease to apply on the effec23 tive date of final standards developed 

24 pursuant to paragraph (2). 

25 ‘‘(2) FINAL STANDARDS.— 


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

2 after the date of enactment of the National 

3 Aquatic Invasive Species Act of 2005, the Ad4 ministrator, in consultation with the Task 

5 Force and with the concurrence of the Sec6 retary, shall promulgate final standards for bal7 last water discharge and other vessel operations 

8 determined to pose a significant risk to the en9 vironment through the introduction of non10 indigenous species. 

11 ‘‘(B) REQUIREMENTS.—The final stand12 ards shall— 

13 ‘‘(i) result from application of the best 

14 available technology for— 

15 ‘‘(I) the applicable category or 

16 class of vessels; and 

17 ‘‘(II) the new source or existing 

18 source status; 

19 ‘‘(ii) have the goal of eliminating the 

20 risk of introduction into waters of the 

21 United States by vessels of nonindigenous 

22 species, including plant, animal, and 

23 human pathogens; 

24 ‘‘(iii) consider findings of scientific 

25 and policy research; and 


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1 ‘‘(iv) be measurable. 

2 ‘‘(3) CERTIFICATION OF TREATMENTS OR PRAC3 TICES; ENFORCEMENT.— 

4 ‘‘(A) IN GENERAL.—Not later than the 

5 date on which interim standards are promul6 gated under paragraph (1) and final standards 

7 are promulgated under paragraph (2), the Sec8 retary shall, with the concurrence of the Admin9 istrator, promulgate regulations for— 

10 ‘‘(i) the certification of treatments or 

11 practices that comply with the standards; 

12 and 

13 ‘‘(ii) ongoing enforcement of the use 

14 of the treatments or practices. 

15 ‘‘(B) CERTIFICATION UNDER INTERIM

16 STANDARDS.—The certification of treatments 

17 and practices in compliance with the interim 

18 standard promulgated pursuant to paragraph 

19 (1) shall be based on a qualified type approval 

20 process, including— 

21 ‘‘(i) protocol for ballast water ex22 change involving dye studies or models de23 tailing flow dynamics of vessels described 

24 in paragraph (1)(B)(i)(II); and 


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1 ‘‘(ii) protocol for qualified type ap2 proval of ballast water treatment systems 

3 for the interim standard described in para4 graph (1) that— 

5 ‘‘(I) is capable of determining the 

6 extent to which a ballast water treat7 ment system complies with applicable 

8 standards, including limitations on 

9 that compliance caused by— 

10 ‘‘(aa) biological, chemical, or 

11 physical conditions of water 

12 taken into ballast; and 

13 ‘‘(bb) conditions encountered 

14 during a voyage; 

15 ‘‘(II) is capable of determining 

16 the extent to which a ballast water 

17 treatment system— 

18 ‘‘(aa) is environmentally 

19 sound, based on criteria promul20 gated by the Administrator under 

21 paragraph (7)(A); and 

22 ‘‘(bb) is safe for vessel and 

23 crew; 

24 ‘‘(III) may be used in estimating 

25 the expected useful life of the ballast 


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1 water treatment system, as deter2 mined on the basis of voyage patterns 

3 and normal use conditions; 

4 ‘‘(IV) includes a shipboard test5 ing component, and may include a 

6 shore-based testing component; 

7 ‘‘(V) provides for appropriate 

8 monitoring; and 

9 ‘‘(VI) is cost effective. 

10 ‘‘(C) CERTIFICATION UNDER FINAL

11 STANDARDS.—The certification of treatments in 

12 compliance with the final standards issued pur13 suant to paragraph (2) shall— 

14 ‘‘(i) apply to all methods of ballast 

15 water management and system design, in16 cluding— 

17 ‘‘(I) ballast water exchange; 

18 ‘‘(II) ballast water treatment sys19 tems; and 

20 ‘‘(III) other vessel operations de21 termined to pose a significant risk to 

22 the environment through the introduc23 tion of nonindigenous organisms; 


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1 ‘‘(ii) be reviewed and, as appropriate, 

2 revised not less often than every 3 years 

3 pursuant to subsection (f)(1); 

4 ‘‘(iii) meet occupational safety and en5 vironmental soundness criteria described in 

6 paragraph (7); and 

7 ‘‘(iv) apply beginning not later than 

8 October 1, 2011. 

9 ‘‘(4) EXPERIMENTAL APPROVAL FOR BALLAST

10 WATER TREATMENT.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), if, before the date on which the Sec13 retary promulgates interim ballast water man14 agement standards under paragraph (1), an 

15 owner or operator of a vessel seeks to conduct 

16 a treatment of ballast water— 

17 ‘‘(i) the owner or operator shall apply 

18 to the Secretary for experimental approval 

19 of the treatment; and 

20 ‘‘(ii) the Secretary shall approve the 

21 treatment if— 

22 ‘‘(I) the owner or operator pro23 vides to the Secretary independently 

24 peer-reviewed, pilot-scale information 


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1 relating to the effectiveness and envi2 ronmental soundness of the treatment; 

3 ‘‘(II) the Secretary and the Ad4 ministrator, in consultation with the 

5 Task Force (including relevant re6 gional panels, and the Prevention 

7 Committee, of the Task Force), deter8 mine that the technology to be used 

9 for the treatment has significant po10 tential to kill or remove at least 95 

11 percent of the live aquatic vertebrates, 

12 invertebrates, phytoplankton, and 

13 macro algae, respectively, in ballast 

14 water taken in by the class of vessel 

15 for which the treatment is sought to 

16 be conducted; and 

17 ‘‘(III) the Administrator deter18 mines that the treatment meets envi19 ronmental regulations. 

20 ‘‘(B) LIMITATIONS.— 

21 ‘‘(i) PERIOD OF TESTING.—Testing of 

22 the treatment system approved under this 

23 section may cease prior to the termination 

24 of the approval period described in clause 

25 (ii). 


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1 ‘‘(ii) PERIOD OF APPROVAL.—Ap2 proval under subparagraph (A) shall be 

3 granted for— 

4 ‘‘(I) a period of 10 years or the 

5 expected useful life of the treatment 

6 system, whichever is earlier; or 

7 ‘‘(II) until such time as the Sec8 retary or Administrator (as appro9 priate) determine that (based on 

10 available information, including infor11 mation developed pursuant to clause 

12 (iii)) there exists a serious deficiency 

13 in performance or environmental 

14 soundness of the system relative to 

15 anticipated performance or environ16 mental soundness. 

17 ‘‘(iii) INFORMATION.—As a condition 

18 of receiving experimental approval for a 

19 treatment under subparagraph (A)(ii), the 

20 owner or operator of a vessel shall agree to 

21 collect and report such information regard22 ing the operational and biological effective23 ness of the treatment through sampling of 

24 the intake and discharge ballast as the 

25 Secretary may request. 


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1 ‘‘(iv) RENEWAL.—An experimental 

2 approval may be renewed pursuant to 

3 paragraph (7)(B). 

4 ‘‘(5) INCENTIVES FOR USE OF TREATMENT SYS5 TEMS.— 

6 ‘‘(A) IN GENERAL.—The Secretary, the 

7 Secretary of Transportation, and the Adminis8 trator shall assist owners or operators of vessels 

9 that seek to obtain experimental or interim ap10 proval for installation of ballast water treat11 ment systems, including through providing 

12 guidance on— 

13 ‘‘(i) a sampling protocol and test pro14 gram for cost-effective treatment evalua15 tion; 

16 ‘‘(ii) sources of sampling equipment 

17 and field biological expertise; and 

18 ‘‘(iii) examples of shipboard evalua19 tion studies. 

20 ‘‘(B) SELECTION OF TECHNOLOGIES AND

21 PRACTICES.—In selecting technologies and 

22 practices for shipboard demonstration under 

23 section 1104(b), the Secretary of the Interior 

24 and the Secretary of Commerce shall give pri25 ority consideration to technologies and practices 


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1 that have received or are in the process of re2 ceiving approval under paragraphs (1) and (4) 

3 of this subsection. 

4 ‘‘(C) ANNUAL SUMMARIES.—The Secretary 

5 shall annually summarize, and make available 

6 to interested parties, all available information 

7 on the performance of technologies proposed for 

8 ballast treatment to facilitate the application 

9 process for experimental approval for ballast 

10 water treatment under paragraph (4). 

11 ‘‘(6) APPLICATION FOR APPROVAL.— 

12 ‘‘(A) IN GENERAL.—The Secretary and the 

13 Administrator may approve only such applica14 tions for qualified type approval of the ballast 

15 water treatment system that are in such form 

16 and contain such information as the Secretary 

17 and Administrator may require. 

18 ‘‘(B) APPROVAL AND DISAPPROVAL.— 

19 ‘‘(i) IN GENERAL.—On receipt of an 

20 application under subparagraph (A)— 

21 ‘‘(I) the Administrator shall, not 

22 later than 90 days after the date of 

23 receipt of the application— 

24 ‘‘(aa) review the application 

25 for compliance and consistency 


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1 with environmental soundness 

2 criteria promulgated under para3 graph (7)(A); and 

4 ‘‘(bb) approve those ballast 

5 water treatment systems that 

6 meet those criteria; and 

7 ‘‘(II) the Secretary, in consulta8 tion with the Task Force, shall, not 

9 later than 180 days after the date of 

10 receipt of the application— 

11 ‘‘(aa) determine whether the 

12 ballast water treatment system 

13 covered by the application meets 

14 the requirements of this sub15 section, as appropriate; 

16 ‘‘(bb) approve or disapprove 

17 the application; and 

18 ‘‘(cc) provide the applicant 

19 written notice of approval or dis20 approval. 

21 ‘‘(ii) LIMITATIONS.—An application 

22 approved under clause (i) shall— 

23 ‘‘(I) be qualified with any limita24 tions relating to voyage pattern, dura25 tion, or any other characteristic that 


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1 may affect the effectiveness or envi2 ronmental soundness of the ballast 

3 water treatment system covered by 

4 the application, as determined by the 

5 Secretary in consultation with the Ad6 ministrator; 

7 ‘‘(II) be applicable to a specific 

8 ship or group of ships, as determined 

9 by the Secretary; 

10 ‘‘(III) be valid for the lesser of— 

11 ‘‘(aa) a period of 10 years 

12 or the expected useful life of the 

13 treatment system, whichever is 

14 earlier; or 

15 ‘‘(bb) until such time as the 

16 Secretary or Administrator (as 

17 appropriate) determines that 

18 (based on available information, 

19 including information developed 

20 pursuant to paragraph 

21 (4)(B)(iii)) there exists a serious 

22 deficiency in performance or envi23 ronmental soundness of the sys24 tem relative to anticipated perVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 formance or environmental 

2 soundness; and 

3 ‘‘(IV) be renewed if— 

4 ‘‘(aa) the Secretary deter5 mines that the ballast water 

6 treatment system remains in 

7 compliance with applicable stand8 ards as of the date of application 

9 for renewal; or 

10 ‘‘(bb) the remaining useful 

11 life of the vessel is less than 10 

12 years. 

13 ‘‘(7) ENVIRONMENTAL SOUNDNESS CRITERIA

14 FOR BALLAST TREATMENTS.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall include in criteria promulgated under sec17 tion 1202(k)(1)(A) specific criteria— 

18 ‘‘(i) to ensure environmental sound19 ness of ballast treatment systems; and 

20 ‘‘(ii) to grant environmental sound21 ness exceptions under subparagraph (B). 

22 ‘‘(B) EXCEPTIONS.— 

23 ‘‘(i) IN GENERAL.—In reviewing appli24 cations under paragraph (6)(B)(i)(I) in an 

25 emergency situation to achieve reductions 


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1 in significant and acute risk of transfers of 

2 invasive species by vessels, the Secretary 

3 and the Administrator may jointly deter4 mine to make an exception to criteria de5 scribed in subparagraph (A)(i). 

6 ‘‘(ii) QUALIFICATION OF APPROV7 ALS.—To be eligible for an exception under 

8 clause (i), an approval under paragraph 

9 (6)(B)(i)(I) shall be qualified under para10 graph (6)(B)(ii). 

11 ‘‘(8) PENALTIES.—Paragraphs (1) and (2) of 

12 subsection (g) shall apply to a violation of a regula13 tion promulgated under this subsection.’’. 

14 SEC. 105. REQUIREMENTS FOR NEW VESSELS. 

15 Section 1101 of the Nonindigenous Aquatic Nuisance 

16 Prevention and Control Act of 1990 (16 U.S.C. 4711) is 

17 further amended by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) DESIGN FEATURES AND TREATMENT SYSTEMS

20 FOR NEW VESSELS.—A vessel of which construction be21 gins on or after January 1, 2006, shall be equipped with 

22 design features and ballast water treatment systems that 

23 meet, at a minimum— 

24 ‘‘(1) the interim standards described in sub25 section (b)(1)(B)(ii); or 


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1 ‘‘(2) on promulgation of final standards pursu2 ant to subsection (b)(2)(A), such final standard as 

3 is applicable to the vessel.’’. 

4 SEC. 106. GREAT LAKES PROGRAM. 

5 Section 1101 of the Nonindigenous Aquatic Nuisance 

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

7 further amended by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) GREAT LAKES PROGRAM.— 

10 ‘‘(1) CONTINUITY OF REGULATIONS AND GREAT

11 LAKES PROGRAM.— 

12 ‘‘(A) REGULATIONS.—Regulations promul13 gated under subsection (b) of this section, as in 

14 effect immediately before the enactment of the 

15 National Aquatic Invasive Species Act of 2005, 

16 shall remain in effect until such time as the 

17 regulations are revised or replaced by regula18 tions promulgated pursuant to the National 

19 Aquatic Invasive Species Act of 2005. 

20 ‘‘(B) RELATIONSHIP TO OTHER PRO21 GRAMS.—Upon implementation of a national 

22 mandatory ballast management program that is 

23 at least as comprehensive as the Great Lakes 

24 program established under subsection (b) of 

25 this section, as in effect immediately before the 


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1 enactment of the National Aquatic Invasive 

2 Species Act of 2005, including regulations 

3 under that section (as determined by the Sec4 retary, in consultation with the Governors of 

5 Great Lakes States)— 

6 ‘‘(i) the program regulating vessels 

7 and ballast water in the Great Lakes 

8 under this section shall terminate; and 

9 ‘‘(ii) the national program shall apply 

10 to such vessels and ballast water. 

11 ‘‘(2) REVIEW AND REVISION.— 

12 ‘‘(A) IN GENERAL.—Not later than 18 

13 months after the date of enactment of the Na14 tional Aquatic Invasive Species Act of 2005, the 

15 Secretary shall— 

16 ‘‘(i) review and revise regulations pro17 mulgated under this subsection; and 

18 ‘‘(ii) promulgate the revised regula19 tions. 

20 ‘‘(B) CONTENTS.—The revised regulations 

21 shall include at a minimum requirements under 

22 subsections (a) and (b) of this section.’’. 

23 SEC. 107. AUTHORITY OF SECRETARY; REGULATIONS. 

24 Section 1101 of the Nonindigenous Aquatic Nuisance 

25 Prevention and Control Act of 1990 (16 U.S.C. 4711) is 


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1 further amended by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) AUTHORITY OF SECRETARY; REGULATIONS.— 

4 ‘‘(1) IN GENERAL.—Not later than 18 months 

5 after the date of enactment of the National Aquatic 

6 Invasive Species Act of 2005, the Secretary shall 

7 promulgate regulations to implement this section. 

8 ‘‘(2) PROGRAM COMPONENTS.— 

9 ‘‘(A) IN GENERAL.—In carrying out para10 graph (1), the Secretary shall promulgate a 

11 separate set of regulations for— 

12 ‘‘(i) ships that enter the Great Lakes 

13 after operating outside the exclusive eco14 nomic zone; and 

15 ‘‘(ii) ships that enter United States 

16 ports after operating outside the exclusive 

17 economic zone, excluding United States 

18 ports on the Great Lakes. 

19 ‘‘(B) DURATION.—Regulations promul20 gated under subparagraph (A)(i) shall remain 

21 in effect until the Great Lakes program is ter22 minated pursuant to subsection (d)(1)(B). 

23 ‘‘(3) REQUIREMENTS.—The regulations promul24 gated under paragraphs (1) shall— 


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1 ‘‘(A) be consistent with interim and final 

2 standards issued under paragraphs (1) and (2) 

3 of subsection (b), as applicable; 

4 ‘‘(B) apply to all vessels to which the re5 spective standards apply; 

6 ‘‘(C) protect the safety of— 

7 ‘‘(i) each vessel; and 

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

9 vessel; 

10 ‘‘(D) require a vessel described in para11 graph (1)— 

12 ‘‘(i) to carry out the exchange of bal13 last water of the vessel in waters beyond 

14 the exclusive economic zone in accordance 

15 with the standards and certification proce16 dures promulgated under subsection (b); 

17 ‘‘(ii) in a case in which the master of 

18 the vessel determines that compliance with 

19 clause (i) is impracticable, to exchange the 

20 ballast water of the vessel in other waters 

21 in which the exchange does not pose a 

22 threat of invasion or spread of nonindige23 nous species in waters of the United 

24 States, as designated by the Secretary; or 


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1 ‘‘(iii) to use environmentally sound al2 ternative ballast water management meth3 ods, including modification of the vessel 

4 ballast water tanks and intake systems, if 

5 the Secretary determines that such alter6 native methods are in accordance with 

7 standards and certification procedures pro8 mulgated under subsection (b); 

9 ‘‘(E) provide for sampling of ballast intake 

10 and discharge flows through ballast piping to 

11 monitor compliance with the regulations; 

12 ‘‘(F) take into consideration— 

13 ‘‘(i) vessel types; 

14 ‘‘(ii) variations in the ecological condi15 tions of waters and coastal areas of the 

16 United States; and 

17 ‘‘(iii) different operating conditions; 

18 and 

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

21 ‘‘(4) EDUCATION AND TECHNICAL ASSIST22 ANCE.—The Secretary may carry out education and 

23 technical assistance programs and other measures to 

24 promote compliance with the regulations promul25 gated under this subsection. 


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1 ‘‘(f) PERIODIC REVIEW AND REVISION OF REGULA2 TIONS.— 

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

4 after the date of enactment of the National Aquatic 

5 Invasive Species Act of 2005, and not less often 

6 than every 3 years thereafter, the Secretary shall 

7 (with the concurrence of the Administrator, based on 

8 recommendations of the Task Force and information 

9 collected and analyzed by relevant research, and in 

10 accordance with criteria developed by the Task 

11 Force under paragraph (3))— 

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

13 regulations promulgated under this section; 

14 ‘‘(B) assess the effectiveness of the regula15 tions referred to in subparagraph (A) in reduc16 ing the introduction and spread of aquatic 

17 invasive species by vessels; and 

18 ‘‘(C) as necessary, on the basis of the best 

19 scientific information available— 

20 ‘‘(i) revise the regulations referred to 

21 in subparagraph (A); and 

22 ‘‘(ii) promulgate additional regula23 tions. 

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

25 later than 90 days after the date on which the Task 


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1 Force makes a request to the Secretary for a special 

2 review and revision of the program, the Secretary 

3 shall (with the concurrence of the Administrator)— 

4 ‘‘(A) conduct a special review of regula5 tions in accordance with paragraph (1); and 

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

7 provided under paragraph (1)(C)— 

8 ‘‘(i) revise those guidelines; or 

9 ‘‘(ii) promulgate additional regula10 tions. 

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

12 later than 1 year after the date of enactment of the 

13 National Aquatic Invasive Species Act of 2005, and 

14 every 3 years thereafter, the Task Force shall sub15 mit to the Secretary criteria for determining the 

16 adequacy and effectiveness of all regulations promul17 gated under this section.’’. 

18 SEC. 108. SANCTIONS. 

19 Section 1101(g) of the Nonindigenous Aquatic Nui20 sance Prevention and Control Act of 1990 (16 U.S.C. 

21 1101(g)) is amended to read as follows: 

22 ‘‘(g) SANCTIONS.— 

23 ‘‘(1) CIVIL PENALTIES.— 

24 ‘‘(A) IN GENERAL.—Any person that vio25 lates a regulation promulgated under this secVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 tion shall be liable for a civil penalty in an 

2 amount not to exceed $50,000. 

3 ‘‘(B) SEPARATE VIOLATIONS.—Each day 

4 of a continuing violation constitutes a separate 

5 violation. 

6 ‘‘(C) LIABILITY OF VESSELS.—A vessel op7 erated in violation of a regulation promulgated 

8 under this Act shall be liable in rem for any 

9 civil penalty assessed under this subsection for 

10 that violation. 

11 ‘‘(2) CRIMINAL PENALTIES.—Any person that 

12 knowingly violates the regulations promulgated 

13 under subsection (b) is guilty of a class C felony. 

14 ‘‘(3) REVOCATION OF CLEARANCE.—On request 

15 of the Secretary, the Secretary of the Treasury shall 

16 withhold or revoke the clearance of a vessel required 

17 by section 4197 of the Revised Statutes (46 App. 

18 U.S.C. 91), if the owner or operator of that vessel 

19 is in violation of the regulations promulgated under 

20 subsection (b). 

21 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub22 section does not apply to a failure to exchange bal23 last water if— 

24 ‘‘(A) the master of a vessel, acting in good 

25 faith, decides that the exchange of ballast water 


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1 will threaten the safety or stability of the vessel 

2 or the crew or passengers of the vessel; and 

3 ‘‘(B) the vessel complies with— 

4 ‘‘(i) recordkeeping requirements of 

5 this title; 

6 ‘‘(ii) contingency requirements of sec7 tion 1211; and 

8 ‘‘(iii) reporting requirements of this 

9 title.’’. 

10 SEC. 109. PROGRAM COORDINATION. 

11 Section 1101 of the Nonindigenous Aquatic Nuisance 

12 Prevention and Control Act of 1990 (16 U.S.C. 1101) is 

13 further amended by striking subsections (h), (i), and (j) 

14 and inserting the following: 

15 ‘‘(h) COORDINATION WITH OTHER AGENCIES.—The 

16 Secretary is encouraged to use (with consent) the exper17 tise, facilities, members, or personnel of, appropriate Fed18 eral and State agencies and organizations that have rou19 tine contact with vessels, as determined by the Secretary. 

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

21 OTHER FOREIGN GOVERNMENTS.—In developing the 

22 guidelines issued and regulations promulgated under this 

23 section, the Secretary is encouraged to consult with the 

24 Government of Canada, the Government of Mexico, and 

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1 retary, in consultation with the Task Force, determines 

2 to be necessary to develop and implement an effective 

3 international program for preventing the unintentional in4 troduction and spread of nonindigenous species. 

5 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec6 retary, in cooperation with the International Maritime Or7 ganization of the United Nations and the Commission on 

8 Environmental Cooperation established pursuant to the 

9 North American Free Trade Agreement, is encouraged to 

10 enter into negotiations with the governments of foreign 

11 countries to develop and implement an effective inter12 national program for preventing the unintentional intro13 duction and spread of nonindigenous species.’’. 

14 SEC. 110. VESSEL SAFETY. 

15 Section 1101(k) of the Nonindigenous Aquatic Nui16 sance Prevention and Control Act of 1990 (16 U.S.C. 

17 1101(k)) is amended to read as follows: 

18 ‘‘(k) SAFETY EXEMPTION.— 

19 ‘‘(1) MASTER DISCRETION.—The Master of a 

20 vessel is not required to conduct a ballast water ex21 change if the Master determines that the exchange 

22 would threaten the safety or stability of the vessel, 

23 or the crew or passengers of the vessel, because of 

24 adverse weather, vessel architectural design, equip25 ment failure, or any other extraordinary conditions. 


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1 ‘‘(2) OTHER REQUIREMENTS.—A vessel that 

2 does not exchange ballast water on the high seas 

3 under paragraph (1) shall not discharge ballast 

4 water in any harbor, except in accordance with a 

5 contingency strategy approved by the Secretary (and 

6 included in the invasive species management plan of 

7 the vessel) to reduce the risk of organism transfer 

8 by the discharge (using the best practicable tech9 nology and practices pursuant to regulations promul10 gated under subsection (b)(1)(B)(iii)).’’. 

11 SEC. 111. RELATIONSHIP TO OTHER LAW. 

12 Section 1101 of the Nonindigenous Aquatic Nuisance 

13 Prevention and Control Act of 1990 (16 U.S.C. 1101) is 

14 further amended by adding at the end the following: 

15 ‘‘(m) APPLICABILITY; EFFECT ON OTHER LAW.— 

16 Nothing in this section or any regulation promulgated 

17 under this section supersedes or otherwise affects any re18 quirement or prohibition relating to the discharge of bal19 last water under the Federal Water Pollution Control Act 

20 (33 U.S.C. 1251 et seq.).’’. 

21 SEC. 112. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

22 PROGRAM. 

23 (a) IN GENERAL.—Section 1103 of the Nonindige24 nous Aquatic Nuisance Prevention and Control Act of 

25 1990 (16 U.S.C. 4713) is amended— 


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1 (1) by striking the section heading and insert2 ing the following: 

3 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE4 MENT PROGRAM.’’; and 

5 (2) in subsection (a)— 

6 (A) by striking ‘‘Subject to’’ and inserting 

7 the following: 

8 ‘‘(1) BALLAST WATER.—Subject to’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(2) TOWED VESSEL MANAGEMENT PRO11 GRAM.— 

12 ‘‘(A) IN GENERAL.—Subject to operational 

13 conditions, the Secretary of Defense, in con14 sultation with the Secretary, the Task Force, 

15 and the International Maritime Organization, 

16 shall implement a towed vessel management 

17 program for Department of Defense vessels to 

18 minimize the risk of introductions of aquatic 

19 invasive species through hull and associated hull 

20 aperture transfers by towed vessels. 

21 ‘‘(B) CURRENT BALLAST PROGRAM.—Sub22 paragraph (A) shall not affect the ballast pro23 gram for Department of Defense vessels in ef24 fect immediately before the enactment of the 

25 National Aquatic Invasive Species Act of 2005. 


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

2 the date of enactment of the National Aquatic 

3 Invasive Species Act of 2005, and every 3 years 

4 thereafter, the Secretary of Defense shall submit to 

5 the Congress a report that includes a summary and 

6 analysis of the program carried out under this sec7 tion.’’. 

8 SEC. 113. CONFORMING AMENDMENTS. 

9 (a) Section 1101(g) of the Nonindigenous Aquatic 

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

11 4711(g)) is amended by striking ‘‘under subsection (b) or 

12 (f)’’ each place it appears and inserting ‘‘under this sec13 tion’’. 

14 (b) Section 1102(c)(1) of the Nonindigenous Aquatic 

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

16 4712(c)(1)) is amended by striking ‘‘issued under section 

17 1101(b)’’ and inserting ‘‘promulgated under section 

18 1101(e)’’. 

19 (c) Section 1102(f)(1)(B) of the Nonindigenous 

20 Aquatic Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4712(f)(1)(B)) is amended by striking ‘‘guidelines 

22 issued pursuant to section 1101(c)’’ and inserting ‘‘regula23 tions promulgated under section 1101(e)’’. 


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1 CHAPTER 2—PREVENTION OF THE INTRO2 DUCTION OF AQUATIC INVASIVE SPE3 CIES BY OTHER PATHWAYS 

4 SEC. 114. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

5 Subtitle C of title I of the Nonindigenous Aquatic 

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

7 4721 et seq.) is amended by adding at the end the fol8 lowing: 

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

10 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH11 WAYS.—Not later than 2 years after the date of enactment 

12 of the National Aquatic Invasive Species Act of 2006, and 

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

14 with the Invasive Species Council and in consultation with 

15 representatives of States, industry, and other interested 

16 parties, shall, based on pathway surveys and other avail17 able research relating to the rates of introductions in wa18 ters of the United States— 

19 ‘‘(1) identify those pathways that pose the high20 est risk for introductions of invasive species, both 

21 nationally and on a region-by-region basis unless 

22 further managed; 

23 ‘‘(2) develop recommendations for management 

24 strategies for those high-risk pathways; 


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1 ‘‘(3) include in the report to the Congress re2 quired under section 1201(f)(2)(B) a description of 

3 the identifications, strategies, and recommendations; 

4 and 

5 ‘‘(4) identify aquatic invasive species not yet in6 troduced into waters of the United States that are 

7 likely to be introduced into waters of the United 

8 States unless preventative measures are taken. 

9 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH10 WAYS.—Not later than 3 years after the date of enactment 

11 of the National Aquatic Invasive Species Act of 2006, the 

12 Task Force or agencies of jurisdiction shall, to the max13 imum extent practicable, implement the strategies de14 scribed in subsection (a)(2).’’. 

15 SEC. 115. SCREENING PROCESS FOR PLANNED IMPORTA16 TIONS OF LIVE AQUATIC ORGANISMS. 

17 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

20 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA21 TIONS OF LIVE AQUATIC ORGANISMS. 

22 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

23 date of enactment of the National Aquatic Invasive Spe24 cies Act of 2006, no live aquatic organism of a species 

25 not in trade shall be imported into the United States withVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 out screening and approval in accordance with subsections 

2 (c) and (d). 

3 ‘‘(b) GUIDELINES.— 

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

5 after the date of enactment of the National Aquatic 

6 Invasive Species Act of 2006, in consultation with 

7 regional panels convened under section 1203, States, 

8 tribes, and other stakeholders, the Invasive Species 

9 Council (in conjunction with the Task Force) shall 

10 issue guidelines for screening proposed planned im11 portations of live aquatic organisms into the United 

12 States, that include— 

13 ‘‘(A) guidelines for minimum information 

14 requirements for determinations under sub15 section (c); and 

16 ‘‘(B) guidelines for a simplified notification 

17 procedure for any additional shipments of orga18 nisms that may occur after completion of an 

19 initial screening process and determination 

20 under subsection (c). 

21 ‘‘(2) PURPOSE.—The purpose of the screening 

22 process shall be to prevent the introduction or estab23 lishment of aquatic invasive species in waters of the 

24 United States and contiguous waters of Canada and 

25 Mexico. 


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1 ‘‘(3) FACTORS.—In developing guidelines under 

2 this subsection and reviewing and revising the guide3 lines under subsection (j), the Invasive Species 

4 Council and the Task Force shall consider— 

5 ‘‘(A) the likelihood of the spread of species 

6 by human or natural means; 

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

8 with the species planned for importation, in9 cluding pathogens, parasites, and free-living or10 ganisms; and 

11 ‘‘(C) regional differences in probability of 

12 invasion and associated impacts. 

13 ‘‘(c) CATEGORIES.—The screening process conducted 

14 pursuant to subsection (d) shall require the identification, 

15 to the maximum extent practicable, to the species level or, 

16 at least, to the genus level, of live aquatic organisms pro17 posed for importation and shall list— 

18 ‘‘(1) species with high or moderate probability 

19 of undesirable impacts to areas within the bound20 aries of the United States and contiguous areas of 

21 neighboring countries, to which the species is likely 

22 to spread; and 

23 ‘‘(2) species on which there is insufficient infor24 mation to determine the risk category based on 

25 guidelines issued pursuant to subsection (b)(1)(B). 


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1 ‘‘(d) EVALUATION.— 

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the date of promulgation of guidelines under 

4 subsection (b), in consultation with regional panels 

5 convened under section 1203, States, tribes, and 

6 other stakeholders, a Federal agency with authority 

7 over an importation into the United States of a live 

8 organism of a species not in trade shall screen the 

9 species in accordance with guidelines promulgated 

10 under subsection (b). 

11 ‘‘(2) DELEGATION AND AUTHORITY.—If no 

12 agency has authority described in paragraph (1) or 

13 an agency delegates the screening to the Director 

14 under subsection (h)— 

15 ‘‘(A) the Director shall screen the orga16 nisms in accordance with subsections (a) and 

17 (b); and 

18 ‘‘(B) the Director may prohibit the impor19 tation of an organism of a species not in trade 

20 if the Director determines, based on evaluations 

21 consistent with the screening requirements pro22 mulgated under section (f), that the species has 

23 a high or moderate probability of undesirable 

24 impacts on areas within the boundaries of the 

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1 boring countries to which the species may 

2 spread. 

3 ‘‘(3) MULTIPLE JURISDICTION.—If more than 1 

4 agency has jurisdiction over the importation of a live 

5 organism, the agencies shall conduct only 1 screen6 ing process as determined by a memorandum of un7 derstanding consistent with subsection (f), except 

8 that the Secretary of Agriculture, shall conduct 

9 screening of organisms imported to be cultured. 

10 ‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic11 tion, or the Director, shall— 

12 ‘‘(1) restrict or prohibit the importation into 

13 the United States from outside the United States of 

14 any species that is described in subsection (c)(1); 

15 ‘‘(2) prohibit the importation of any species de16 scribed in subsection (c)(2), unless the importation 

17 is for the sole purpose of research that is conducted 

18 in accordance with section 1202(f)(2); and 

19 ‘‘(3) make a determination under this sub20 section not later than 60 days after receiving a re21 quest for permission to import a live aquatic species. 

22 ‘‘(f) MEMORANDUM OF UNDERSTANDING.— 

23 ‘‘(1) IN GENERAL.—The Director of the United 

24 States Fish and Wildlife Service shall enter into a 

25 memorandum of understanding with the heads of 


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1 the agencies of jurisdiction regarding the screening 

2 requirements contained in this section. 

3 ‘‘(2) CONTENTS.—The memorandum of under4 standing shall contain, at a minimum— 

5 ‘‘(A) a description of the relationship be6 tween and responsibilities of the agencies of ju7 risdiction, including a process designating a 

8 lead agency in cases in which multiple agencies 

9 may have jurisdiction over the screening of an 

10 aquatic species; 

11 ‘‘(B) the process by which the Director will 

12 delegate screening duties to and receive delega13 tion from other agencies of jurisdiction; and 

14 ‘‘(C) the process by which agencies of ju15 risdiction will coordinate and share information 

16 required for the screening process. 

17 ‘‘(g) DELEGATION TO DIRECTOR.—Any agency with 

18 authority over the planned importation of a live aquatic 

19 organism may delegate to the Director the screening proc20 ess carried out under this section. 

21 ‘‘(h) CATALOG OF SPECIES IN TRADE.—Not later 

22 than 1 year after the date of enactment of the National 

23 Aquatic Invasive Species Act of 2006, the Director of the 

24 United States Geological Survey and the Director of the 

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1 tion with agencies with jurisdiction over planned importa2 tions of live organisms, shall— 

3 ‘‘(1) develop and update as necessary a catalog 

4 of species in trade; and 

5 ‘‘(2) include the list in the information provided 

6 to the public pursuant to section 1102(f). 

7 ‘‘(i) REVIEW AND REVISION.— 

8 ‘‘(1) IN GENERAL.—At least once every 3 years, 

9 the Council, in conjunction with the Task Force, 

10 shall use research on early detection and monitoring 

11 under section 1106, among other information 

12 sources, to review and revise the screening, guide13 lines, and process carried out under this section. 

14 ‘‘(2) REPORT.—The Invasive Species Council 

15 shall include in its report to Congress required pur16 suant to section 1201(f)(2)(B)— 

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

18 the screening processes carried out under this 

19 section; 

20 ‘‘(B) an evaluation of the consistency of 

21 the application of the screening by agencies; 

22 and 

23 ‘‘(C) recommendations for revisions of the 

24 processes. 


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1 ‘‘(j) PROHIBITIONS.—It shall be unlawful for any 

2 person subject to the jurisdiction of the United States to 

3 import an organism of a species described under sub4 section (c) or (d) or in violation of regulations promul5 gated under this section. 

6 ‘‘(k) PENALTIES.— 

7 ‘‘(1) CIVIL PENALTIES.—Any person who vio8 lates subsection (j) shall be liable for a civil penalty 

9 in an amount not to exceed $50,000. 

10 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

11 knowingly violates subsection (j) is guilty of a class 

12 C felony. 

13 ‘‘(l) FEES.—The head of any agency that has juris14 diction over a planned importation of a species subject to 

15 screening under this Act may increase the amount of any 

16 appropriate fee that is charged under an authority of law 

17 to offset the cost of any screening process carried out 

18 under this section. 

19 ‘‘(m) INFORMATION.—A Federal agency conducting 

20 a screening process under this section shall make the re21 sults of the process available to the public (including inter22 national organizations). 

23 ‘‘(n) REGULATIONS.—The Director may issue regula24 tions to implement this section. 


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1 ‘‘(o) APPLICABILITY: EFFECT ON OTHER LAWS.— 

2 Nothing in this section shall be construed as repealing, 

3 superseding, or modifying any provision of Federal or 

4 state law.’’. 

5 CHAPTER 3—EARLY DETECTION; RAPID 

6 RESPONSE; CONTROL AND OUTREACH 

7 SEC. 116. EARLY DETECTION. 

8 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

10 seq.) (as amended by section 202) is amended by adding 

11 at the end the following: 

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

13 ‘‘(a) EARLY DETECTION.— 

14 ‘‘(1) IN GENERAL.—Not later than 18 months 

15 after the date of enactment of the National Aquatic 

16 Invasive Species Act of 2006, in conjunction with 

17 the Council, the Task Force shall develop and pro18 mulgate a set of sampling protocols, a geographic 

19 plan, and budget to support a national system of ec20 ological surveys to rapidly detect recently established 

21 aquatic invasive species in waters of the United 

22 States. 

23 ‘‘(2) CONTENTS.—The protocols, plan, and 

24 budget shall, at a minimum— 


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1 ‘‘(A) address a diversity of aquatic eco2 systems of the United States (including inland 

3 and coastal waters); 

4 ‘‘(B) encourage State, local, port, and trib5 al participation in monitoring; 

6 ‘‘(C) balance scientific rigor with practica7 bility, timeliness, and breadth of sampling activ8 ity; 

9 ‘‘(D) consider the pathways and/or orga10 nisms identified under section 1210; 

11 ‘‘(E) include a capacity to evaluate the im12 pacts of permitted importations screened by the 

13 processes established under section 1105; and 

14 ‘‘(F) include clear lines of communication 

15 with appropriate Federal, State, and regional 

16 rapid response authorities. 

17 ‘‘(3) IMPLEMENTATION.—Not later than 3 

18 years after the date of enactment of the National 

19 Aquatic Invasive Species Act of 2006, the Director 

20 of the United States Fish and Wildlife Service, the 

21 Administrator of the National Oceanic and Atmos22 pheric Administration, and the Administrator (in 

23 consultation with the Invasive Species Council and 

24 in coordination with other agencies) shall implement 

25 a national system of ecological surveys that is— 


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

2 local, port, tribal authorities, and other non3 Federal entities (such as colleges and univer4 sities); and 

5 ‘‘(B) based on the protocols, plan, and 

6 budget published under subsection (a)(1) and 

7 any public comment.’’. 

8 SEC. 117. RAPID RESPONSE. 

9 Subtitle C of title I of the Nonindigenous Aquatic 

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

11 4721 et seq.) is further amended by adding at the end 

12 the following: 

13 ‘‘SEC. 1211. RAPID RESPONSE. 

14 ‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT15 EGIES.— 

16 ‘‘(1) EMERGENCY FUNDS FOR RAPID RE17 SPONSE.—A State that has in effect a rapid re18 sponse contingency strategy for invasive species in 

19 the State, including rapid assessment capabilities, 

20 that is approved under paragraph (2) shall be eligi21 ble to receive emergency funding to remain available 

22 until expended to implement rapid response meas23 ures for aquatic invasive species under the strategy, 

24 subject to renewal, as determined by the Secretary 


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1 of the Interior and the Secretary in accordance with 

2 paragraph (2). 

3 ‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN4 GENCY STRATEGIES.—The Task Force, in consulta5 tion with the Invasive Species Council, shall approve 

6 a State rapid response contingency strategy de7 scribed in paragraph (1) if the strategy— 

8 ‘‘(A) identifies all key governmental and 

9 nongovernmental partners to be involved in car10 rying out the strategy; 

11 ‘‘(B) clearly designates the authorities and 

12 responsibilities of each partner, including the 

13 authority of any State or government of an In14 dian tribe to distribute emergency funds; 

15 ‘‘(C) specifies criteria for rapid response 

16 measures, including a diagnostic system that— 

17 ‘‘(i) distinguishes cases in which rapid 

18 response has a likelihood of success and 

19 cases in which rapid response has no likeli20 hood of success; 

21 ‘‘(ii) distinguishes rapid response 

22 measures from ongoing management and 

23 control of established populations of aquat24 ic invasive species; and 


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1 ‘‘(iii) distinguishes instances in which 

2 the rate and probability of organism dis3 persal is significantly altered by vessel 

4 movements; 

5 ‘‘(D) includes an early detection strategy 

6 that supports or complements the early detec7 tion and monitoring system developed under 

8 section 1106; 

9 ‘‘(E) provides for a monitoring capability 

10 to assess— 

11 ‘‘(i) the extent of infestations; and 

12 ‘‘(ii) the effectiveness of rapid re13 sponse efforts; 

14 ‘‘(F) to the maximum extent practicable, is 

15 integrated into the State aquatic invasive spe16 cies management plan approved under section 

17 1204; 

18 ‘‘(G) to the maximum extent possible, does 

19 not use rapid response tools that do not meet 

20 environmental criteria developed under sub21 section (e)(4); 

22 ‘‘(H) includes a public education and out23 reach component directed at— 

24 ‘‘(i) potential pathways for spread of 

25 aquatic invasive species; and 


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1 ‘‘(ii) persons involved in industries 

2 and recreational activities associated with 

3 those pathways; and 

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

5 vessels, conforms with guidelines issued by the 

6 Secretary under subsection (c)(2). 

7 ‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY

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

9 the Invasive Species Council and in consultation with the 

10 regional panels of the Task Force established under sec11 tion 1203, shall encourage the development of regional 

12 rapid response contingency strategies that— 

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

15 ‘‘(2) are approved by— 

16 ‘‘(A) the Secretary; and 

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

19 ‘‘(c) MODEL RAPID RESPONSE CONTINGENCY

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

21 of enactment of the National Aquatic Invasive Species Act 

22 of 2006— 

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

24 the Invasive Species Council and the regional panels 


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1 of the Task Force established under section 1203, 

2 shall develop— 

3 ‘‘(A) a model State rapid response contin4 gency strategy for aquatic invasive species, in5 cluding rapid assessment capability, that in6 cludes, to the maximum extent practicable, the 

7 components listed under subparagraphs (A) 

8 through (H) of subsection (a)(2); and 

9 ‘‘(B) a model regional rapid response con10 tingency strategy for aquatic invasive species; 

11 and 

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

13 Task Force and the regional panels, shall issue 

14 guidelines that describe vessel-related requirements 

15 that may be used in a rapid response contingency 

16 strategy, including specific requirements for strategy 

17 approved under this section. 

18 ‘‘(d) COST SHARING.— 

19 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

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

23 shall be not less than 50 percent. 

24 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

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1 tivities carried out under a regional rapid response 

2 contingency strategy approved under subsection (b) 

3 shall be not less than 75 percent. 

4 ‘‘(3) IN-KIND CONTRIBUTIONS.—States or re5 gions that receive Federal funds for rapid response 

6 activities may provide matching funds in the form of 

7 in-kind contributions. 

8 ‘‘(e) FEDERAL RAPID RESPONSE TEAMS.— 

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

10 than 1 year after the date of enactment of the Na11 tional Aquatic Invasive Species Act of 2006, the 

12 Invasive Species Council, in coordination with the 

13 Task Force and the heads of appropriate Federal 

14 agencies, shall establish a Federal rapid response 

15 team for each of the 10 Federal regions that com16 prise the Standard Federal Regional Boundary Sys17 tem. 

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

19 response team shall, at a minimum— 

20 ‘‘(A) implement rapid eradication or con21 trol responses for newly detected aquatic 

22 invasive species on Federal and tribal land; 

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

24 rapid responses for newly detected aquatic 

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

2 States or Indian tribes; 

3 ‘‘(C) provide training and expertise for 

4 State, tribal, or regional rapid responders; 

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

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

8 rapid response volunteers; and 

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

10 activity with respect to an aquatic noxious weed 

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

14 Service. 

15 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

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

19 Act of 2006, the Task Force, with the concurrence 

20 of the Invasive Species Council, shall develop criteria 

21 to identify cases of rapid response warranting Fed22 eral assistance under this subsection, including cri23 teria relating to, at a minimum— 


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

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

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

6 control; and 

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

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

10 ‘‘(i) biodiversity of native fish and 

11 wildlife; 

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

14 ‘‘(iii) human health. 

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

16 than 1 year after the date of enactment of the Na17 tional Aquatic Invasive Species Act of 2006, the Ad18 ministrator, in consultation with the Invasive Spe19 cies Council, the Secretary of Transportation, the 

20 Task Force (including regional panels of the Task 

21 Force established under section 1203), the Director, 

22 and the Director of the National Marine Fisheries 

23 Service, shall develop environmental criteria to mini24 mize nontarget environmental impacts of rapid re25 sponses carried out pursuant to this section.’’. 


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1 SEC. 118. DISPERSAL BARRIERS. 

2 Section 1202 of the Nonindigenous Aquatic Nuisance 

3 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

4 amended— 

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

6 subsections (l) and (m), respectively; and 

7 (2) by inserting after subsection (i) the fol8 lowing: 

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

10 ‘‘(1) CHICAGO RIVER SHIP AND SANITARY

11 CANAL DISPERSAL BARRIER PROJECT.— 

12 ‘‘(A) IN GENERAL.—The Assistant Sec13 retary, with the concurrence of the Adminis14 trator, shall complete construction of, operate, 

15 and maintain, the Chicago River Ship and Sani16 tary Canal dispersal barrier project. 

17 ‘‘(B) CONSULTATION.—Subparagraph (A) 

18 shall be carried out in consultation with the ap19 propriate Federal, State, local, and other non20 governmental entities. 

21 ‘‘(C) CONSTRUCTION.—The completed bar22 rier project shall include additions to the dis23 persal barrier in existence on the date of enact24 ment of the National Aquatic Species Act of 

25 2006, including— 

26 ‘‘(i) backup power; 


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1 ‘‘(ii) a research vessel launching 

2 crane; 

3 ‘‘(iii) replacement electrodes; 

4 ‘‘(iv) other barrier elements, as avail5 able and appropriate; 

6 ‘‘(v) an acoustic monitoring system; 

7 ‘‘(vi) an emergency egress system; and 

8 ‘‘(vii) a second long-service life dis9 persal barrier. 

10 ‘‘(D) FEASIBILITY STUDY OF CHICAGO

11 RIVER SHIP AND SANITARY CANAL.— 

12 ‘‘(i) IN GENERAL.—Not later than 3 

13 years after the date of enactment of the 

14 National Aquatic Invasive Species Act of 

15 2006, the Assistant Secretary, in consulta16 tion with appropriate Federal, State, local, 

17 and nongovernmental entities, shall con18 duct a feasibility study of the full range of 

19 options available to prevent the spread of 

20 aquatic species through the Chicago River 

21 Ship and Sanitary dispersal barrier. 

22 ‘‘(ii) MATTERS TO BE STUDIED.—The 

23 study shall— 

24 ‘‘(I) provide recommendations 

25 concerning additional and long-term 


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1 measures necessary to improve the 

2 performance of the Chicago River 

3 Ship and Sanitary Canal dispersal 

4 barrier; and 

5 ‘‘(II) examine methods and meas6 ures necessary to achieve, to the max7 imum extent practicable, 100-percent 

8 efficacy of the barrier with respect to 

9 aquatic invasive species of fish and 

10 maximum efficacy of the barrier with 

11 respect to other taxa of aquatic 

12 invasive species. 

13 ‘‘(2) MONITORING PROGRAM.— 

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

15 year after the date of enactment of the Na16 tional Aquatic Invasive Species Act of 2006, the 

17 Secretary of the Interior shall establish an 

18 interbasin and intrabasin monitoring program. 

19 ‘‘(B) REQUIRED ELEMENTS.—The moni20 toring program shall— 

21 ‘‘(i) track aquatic invasive species 

22 moving through the Chicago River Ship 

23 and Sanitary Canal, the Lake Champlain 

24 Canal, other interbasin waterways, and 


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1 major river systems as recommended by re2 gional panels convened under section 1203; 

3 ‘‘(ii) assess the efficacy of dispersal 

4 barriers and other measures in preventing 

5 the spread of aquatic invasive species 

6 through the waterways; and 

7 ‘‘(iii) identify waterways suitable for 

8 dispersal barrier demonstration projects, in 

9 addition to the waterways at which dis10 persal barrier demonstration projects were 

11 carried out before the date of enactment of 

12 the National Aquatic Invasive Species Act 

13 of 2006. 

14 ‘‘(C) REPORTS.—The Secretary of the In15 terior shall issue biennial reports on the find16 ings of the monitoring program. 

17 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

18 ARMY CORPS OF ENGINEERS PROJECTS.—In devel19 oping projects involving interbasin waterways or 

20 other hydrologic alternations that could create path21 ways for aquatic invasive species, the Assistant Sec22 retary shall develop adequate prevention and mitiga23 tion plans for controlling the dispersal of aquatic 

24 invasive species. 


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1 ‘‘(4) TECHNICAL ASSISTANCE.—The Great 

2 Lakes Environmental Research Laboratory of the 

3 National Oceanic and Atmospheric Administration 

4 shall provide technical assistance to appropriate enti5 ties to assist in the research conducted under this 

6 subsection. 

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

8 the date of enactment of the National Aquatic 

9 Invasive Species Act of 2006, the Assistant Sec10 retary and the Director shall jointly submit to the 

11 Congress a report that describes— 

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

13 and Sanitary Canal dispersal barrier project; 

14 and 

15 ‘‘(B) a plan to provide for additional dis16 persal barrier demonstration projects and fur17 ther research needs. 

18 ‘‘(6) ADDITIONAL WATERWAYS.—The Assistant 

19 Secretary, with the concurrence of the Adminis20 trator, and other relevant Federal agencies, shall— 

21 ‘‘(A) identify additional waterways suitable 

22 for the construction of new dispersal barriers 

23 (based on the monitoring program established 

24 under paragraph (2)); and 


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

2 dispersal barriers as necessary.’’. 

3 SEC. 119. ENVIRONMENTAL SOUNDNESS. 

4 Section 1202 of the Nonindigenous Aquatic Nuisance 

5 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

6 further amended by inserting after subsection (j) the fol7 lowing: 

8 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

9 AQUATIC INVASIVE SPECIES.— 

10 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

11 SOUNDNESS OF TREATMENT METHODS.— 

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

13 after the date of enactment of the National 

14 Aquatic Invasive Species Act of 2006, the Ad15 ministrator, in consultation and cooperation 

16 with the Secretary, the Invasive Species Coun17 cil, and the Task Force (including any regional 

18 panels of the Task Force) shall promulgate cri19 teria to evaluate the treatment methods de20 scribed in subparagraph (B) for the purpose of 

21 ensuring that the treatment methods pose no 

22 significant threat of adverse effect on human 

23 health, public safety, or the environment (in24 cluding air quality and the aquatic environVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 ment) that is acute, chronic, cumulative, or col2 lective. 

3 ‘‘(B) TREATMENT METHODS.—The treat4 ment methods referred to in subparagraph (A) 

5 are all mechanical, physical, chemical, biologi6 cal, and other treatment methods used in bodies 

7 of water of the United States (regardless of 

8 whether the bodies of water are navigable and 

9 regardless of the origin of the waters), to pre10 vent, treat, or respond to the introduction of 

11 aquatic invasive species. 

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

13 subparagraph (A), the Administrator shall con14 sult with— 

15 ‘‘(i) the Secretary of Transportation; 

16 ‘‘(ii) the Task Force (including the re17 gional panels of the Task Force established 

18 under section 1203); 

19 ‘‘(iii) the Director; 

20 ‘‘(iv) the Assistant Secretary; 

21 ‘‘(v) the Director of the National Ma22 rine Fisheries Service; and 

23 ‘‘(vi) relevant State agencies. 

24 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI25 RONMENTALLY SOUND TREATMENT METHODS.—The 


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1 Administrator, in consultation with the Invasive Spe2 cies Council, shall publish (not later than 1 year 

3 after the date of enactment of the National Aquatic 

4 Invasive Species Act of 2006) and update annu5 ally— 

6 ‘‘(A) a list of environmentally sound treat7 ment methods that may apply to a potential 

8 aquatic invasive species response effort; 

9 ‘‘(B) accompanying research that supports 

10 the environmental soundness of each approved 

11 treatment method; and 

12 ‘‘(C) explicit guidelines under which each 

13 treatment method can be used in an environ14 mentally sound manner. 

15 ‘‘(3) REPORTS.—The Invasive Species Council 

16 and Task Force shall include the information de17 scribed in paragraph (2) in the reports submitted 

18 under section 1201(f)(2)(B).’’. 

19 SEC. 120. INFORMATION, EDUCATION, AND OUTREACH. 

20 Section 1202(h) of the Nonindigenous Aquatic Nui21 sance Prevention and Control Act of 1990 (16 U.S.C. 

22 4722(h)) is amended— 

23 (1) by striking ‘‘(h) Education.—The Task 

24 Force’’ and inserting the following: 

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


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

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

3 ‘‘(2) ACTIVITIES.— 

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

5 out under paragraph (1) shall include the ac6 tivities described in this paragraph. 

7 ‘‘(B) PUBLIC OUTREACH.— 

8 ‘‘(i) PUBLIC WARNINGS.—Not later 

9 than 180 days after the date of enactment 

10 of the National Aquatic Invasive Species 

11 Act of 2006, each Federal officer of an 

12 agency that provides Federal funds to 

13 States for building or maintaining public 

14 access points to United States water bodies 

15 shall amend the guidelines of the agency, 

16 in consultation with relevant State agen17 cies, to encourage the posting of regionally 

18 specific public warnings or other suitable 

19 informational and educational materials at 

20 the access points regarding— 

21 ‘‘(I) the danger of spread of 

22 aquatic invasive species through the 

23 transport of recreational watercraft; 

24 and 


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1 ‘‘(II) methods for removing orga2 nisms prior to transporting a 

3 watercraft. 

4 ‘‘(ii) CLEANING OF WATERCRAFT AT

5 MARINAS.—Not later than 1 year after the 

6 date of enactment of the National Aquatic 

7 Invasive Species Act of 2006, the Under 

8 Secretary and the Director (in cooperation 

9 with the Task Force and in consultation 

10 with the States, relevant industry groups, 

11 and Indian tribes) shall develop an edu12 cation, outreach, and training program di13 rected toward marinas and marina opera14 tors regarding— 

15 ‘‘(I) checking watercraft for live 

16 organisms; 

17 ‘‘(II) removing live organisms 

18 from the watercraft before the 

19 watercraft are commercially or 

20 recreationally trailered; 

21 ‘‘(III) encouraging regular hull 

22 cleaning and maintenance, avoiding 

23 in-water hull cleaning; and 

24 ‘‘(IV) other activities, as identi25 fied by the Secretary. 


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1 ‘‘(iii) PROPER DISPOSAL OF NON2 INDIGENOUS LIVE AQUATIC ORGANISMS IN

3 TRADE.—The Task Force shall— 

4 ‘‘(I) not later than 1 year after 

5 the date of enactment of the National 

6 Aquatic Invasive Species Act of 2006, 

7 develop (in consultation with industry 

8 and other affected parties) issue 

9 guidelines for proper disposal of live 

10 nonindigenous aquatic organisms in 

11 trade; and 

12 ‘‘(II) use the guidelines in appro13 priate public information and out14 reach efforts. 

15 ‘‘(C) 100th meridian program.— 

16 ‘‘(i) IN GENERAL.—Not later than 1 

17 year after the date of enactment of the 

18 National Aquatic Invasive Species Act of 

19 2006, the Task Force shall expand the in20 formation and education program directed 

21 at recreational boaters in States from 

22 which watercraft are transported westward 

23 across the 100th meridian. 

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

25 program, the task force shall— 


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1 ‘‘(I) survey owners of watercraft 

2 transported westward across the 

3 100th meridian to determine the 

4 States of origin of most such owners; 

5 ‘‘(II) provide information directly 

6 to watercraft owners concerning the 

7 importance of cleaning watercraft car8 rying live organisms before trans9 porting the watercraft; and 

10 ‘‘(III) support education and in11 formation programs of the States of 

12 origin to ensure that the State pro13 grams address westward spread. 

14 ‘‘(D) INFORMATION AND EDUCATION PRO15 GRAM BY NATIONAL PARK SERVICE.—The Sec16 retary of the Interior, acting through the Direc17 tor of the National Park Service, shall develop 

18 a program to provide public outreach and other 

19 educational activities to prevent the spread of 

20 aquatic invasive species by recreational 

21 watercraft in parkland or through events spon22 sored by the National Park Service. 

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

24 Force, in conjunction with the Invasive Species 

25 Council, shall carry out activities to inform and proVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 mote voluntary cooperation and regulatory compli2 ance by members of the national and international 

3 maritime, horticultural, aquarium, aquaculture, and 

4 pet trade industries with screening, monitoring, and 

5 control of the transportation of aquatic invasive spe6 cies. 

7 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA8 TION.—The Task Force, the Invasive Species Coun9 cil, and other relevant agencies, shall maintain infor10 mation on the Internet regarding— 

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

12 and private interests to use in assisting with 

13 national early detection and monitoring of 

14 aquatic invasive species in waters of the United 

15 States; 

16 ‘‘(B) contact locations for joining a na17 tional network of monitoring stations; 

18 ‘‘(C) approved State Management Plans 

19 under section 1204(a) and Rapid Response 

20 Contingency Strategies under sections 

21 1211(a)(2) and 1211(c); and 

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

23 section 1201(a)(4).’’. 


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1 CHAPTER 4—COORDINATION 

2 SEC. 121. PROGRAM COORDINATION. 

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

4 of the Nonindigenous Aquatic Nuisance Prevention and 

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

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

7 end; 

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

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

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

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

16 ‘‘(9) the Secretary of State; 

17 ‘‘(10) the Secretary of Transportation; 

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

19 and’’. 

20 (b) COORDINATION WITH INVASIVE SPECIES COUN21 CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui22 sance Prevention and Control Act of 1990 (16 U.S.C. 

23 4721(f)) is amended— 

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

25 inserting the following: 


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

2 Force’’; and 

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

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

5 Invasive Species Council shall— 

6 ‘‘(A) coordinate and cooperate with the 

7 Task Force in carrying out the duties of the 

8 Invasive Species Council relating to aquatic 

9 invasive species; 

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

11 of enactment of the National Aquatic Invasive 

12 Species Act of 2006, and every 3 years there13 after, submit to Congress a report that summa14 rizes the status of the conduct of activities au15 thorized by and required under this Act; and 

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

17 forces in coordination with the regional panels 

18 of the Task Force convened under section 

19 1203.’’. 

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

23 amended by adding at the end the following: 

24 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 


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

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

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

6 ‘‘(i) any list of species of wildlife 

7 under the Lacey Act Amendments of 1981 

8 (16 U.S.C. 3371 et seq.) (including regula9 tions under such Act); or 

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

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

12 seq.) (including regulations promulgated 

13 under that Act contained in part 360 of 

14 title 7, Code of Federal Regulations (or 

15 any successor regulations)). 

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

17 the screening process developed pursuant to 

18 section 1105 to identify species pursuant to 

19 subparagraph (A).’’. 

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

21 Nonindigenous Aquatic Nuisance Prevention and Control 

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

23 the end the following: 

24 ‘‘(d) ANNUAL INTERREGIONAL MEETING.—The Task 

25 Force shall annually convene all regional panels estabVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 lished pursuant to this Act for the purpose of information 

2 transfer between and among panels, and between the pan3 els and the Task Force, regarding aquatic invasive species 

4 management. 

5 ‘‘(e) ORGANIZATIONS.—An interstate organization 

6 that has a Federal charter authorized by law, interstate 

7 agreement, or Executive order for purposes of fisheries or 

8 natural resource management may receive funds under 

9 this Act to implement activities authorized under this 

10 Act.’’. 

11 (e) STATE AQUATIC INVASIVE SPECIES MANAGE12 MENT PLANS.—Section 1204(a) of the Nonindigenous 

13 Aquatic Nuisance Prevention and Control Act of 1990 (16 

14 U.S.C. 4724(a)) is amended— 

15 (1) in paragraph (2)(A) by inserting before the 

16 semicolon at the end the following: ‘‘, including, in 

17 accordance with guidelines issued by the Task Force 

18 under paragraph (5)’’— 

19 (A) rapid response contingency strategies 

20 under section 1211; 

21 (B) early detection strategies under section 

22 1211(a)(2)(D); 

23 (C) aquatic plant control programs pursu24 ant to other law; and 


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1 (D) screening of planned introductions 

2 pursuant to section 1105; 

3 (2) in paragraph (2)(D) by inserting ‘‘include’’ 

4 after ‘‘(D)’’; and 

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

6 ‘‘(5) GUIDELINES.— 

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

8 after the date of enactment of the National 

9 Aquatic Invasive Species Act of 2006, the Task 

10 Force shall publish in the Federal Register 

11 guidelines for the development of plans under 

12 this subsection, including guidelines for report13 ing progress in implementing the plans, to en14 courage consistency in implementation of and 

15 reporting under those plans. 

16 ‘‘(B) GUIDELINES.—The guidelines pub17 lished under subparagraph (A) shall include, for 

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

19 concerning— 

20 ‘‘(i) rapid response contingency strate21 gies under section 1211; 

22 ‘‘(ii) early detection and monitoring 

23 strategies under section 1211(a)(2)(D); 

24 ‘‘(iii) aquatic plant control programs; 


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1 ‘‘(iv) screening of planned introduc2 tions pursuant to and consistent with sec3 tion 1105; and 

4 ‘‘(v) the review and revision of re5 quirements of this subsection and the re6 approval process under this subsection. 

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

8 ‘‘(A) IN GENERAL.—A plan approved 

9 under paragraph (4) shall be deemed to meet 

10 any State planning requirement of the program 

11 established under section 104 of the River and 

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

13 to control noxious aquatic plant growths. 

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

15 States for implementation of plans pursuant to 

16 section 1204 may be used by States to enforce 

17 requirements relating to aquatic invasive species 

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

19 et seq.) (including regulations promulgated 

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

21 Code of Federal Regulations (or any successor 

22 regulations)). 

23 ‘‘(7) REVIEW AND REVISION.— 

24 ‘‘(A) IN GENERAL.—Each State shall peri25 odically review and, as necessary and subject to 


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1 subparagraph (B), revise the management plan 

2 of the State in accordance with guidelines of 

3 the Task Force under paragraph (5). 

4 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

5 State plan approved under the section before 

6 the date of the enactment of the National 

7 Aquatic Species Act of 2006 shall be revised by 

8 the State under guidelines issued by the Direc9 tor to conform to the guidelines published 

10 under paragraph (5), but shall be treated as a 

11 plan approved under this subsection for pur12 poses of grants under this section. 

13 ‘‘(8) OTHER STATE MANAGEMENT PLANS.—In 

14 addition to the management plans required under 

15 this subsection, the Director shall encourage each 

16 State to develop and implement new, and expand ex17 isting, State management plans to improve State ac18 tions to prevent and control aquatic invasive spe19 cies.’’. 

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

21 Nonindigenous Aquatic Nuisance Prevention and Control 

22 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik23 ing ‘‘subsection (a) for the implementation of those 

24 plans.’’ and inserting the following: 

25 ‘‘subsection (a)— 


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1 ‘‘(A) to develop those plans with a total amount 

2 that does not exceed 10 percent of the amounts 

3 made available for grants under this section for each 

4 fiscal year; and 

5 ‘‘(B) to implement those plans.’’. 

6 SEC. 122. INTERNATIONAL COORDINATION. 

7 Subtitle E of the Nonindigenous Aquatic Nuisance 

8 Prevention and Control Act of 1990 (16 U.S.C. 4751 et 

9 seq.) is amended— 

10 (1) by striking the subtitle heading and insert11 ing the following: 

12 ‘‘Subtitle E—Administration’’; and 

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

14 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

15 ‘‘(a) IN GENERAL.—The Task Force, the Invasive 

16 Species Council, and the Secretary of State shall, to the 

17 maximum extent practicable, coordinate activities to en18 sure that international efforts to prevent and manage 

19 aquatic invasive species (including through the Inter20 national Maritime Organization, the International Con21 vention on the Exploration of the Sea, the Global Invasive 

22 Species Program, and other appropriate programs) are co23 ordinated with policies of the United States established by 

24 this Act. 


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1 ‘‘(b) COORDINATION WITH NEIGHBORING COUN2 TRIES.— 

3 ‘‘(1) IN GENERAL.—The Task Force, in con4 sultation with the Secretary of State, shall include in 

5 the report required by section 1202(m) a description 

6 of the means by which international agreements and 

7 regulations with countries that share a border with 

8 the United States will be implemented and enforced 

9 by Federal agencies (including a clarification of the 

10 roles and responsibilities of those agencies). 

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

12 after the date of enactment of the National Aquatic 

13 Invasive Species Act of 2006, the Secretary of State 

14 may enter into negotiations with— 

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

16 International Joint Commission, by not later 

17 than 18 months after the date of enactment of 

18 that Act, review, research, conduct hearings on, 

19 and submit to the parties represented on the 

20 International Joint Commission a report that 

21 describes the success of current policies of gov22 ernments in the United States and Canada hav23 ing jurisdiction over the Great Lakes in antici24 pating and preventing biological invasions of 


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1 the aquatic ecosystem in the Great Lakes, in2 cluding— 

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

4 State or Provincial, local, and international 

5 laws, enforcement practices, and agree6 ments; 

7 ‘‘(ii) an analysis of prevention efforts 

8 related to all likely pathways for biological 

9 invasions of the aquatic ecosystem in the 

10 Great Lakes; and 

11 ‘‘(iii) recommendations of the Inter12 national Joint Commission for means by 

13 which to improve and harmonize the poli14 cies and enforcement practices referred to 

15 in clause (i); and 

16 ‘‘(B) Mexico, to ensure coordination of ef17 forts of the United States with efforts of Mex18 ico to manage invasive species established in the 

19 United States-Mexico border region.’’. 

20 CHAPTER 5.—AUTHORIZATION OF 

21 APPROPRIATIONS 

22 SEC. 123. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 1301 of the Nonindigenous Aquatic Nuisance 

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

25 amended to read as follows: 


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1 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

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

3 this section, there are authorized to be appropriated such 

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

5 fiscal years 2006 through 2010. 

6 ‘‘(b) TASK FORCE AND AQUATIC NUISANCE SPECIES

7 PROGRAM.—There are authorized to be appropriated for 

8 each of fiscal years 2006 through 2010— 

9 ‘‘(1) $8,000,000, to carry out activities of the 

10 Task Force under section 1202, of which— 

11 ‘‘(A) $4,000,000 shall be used by the Di12 rector; 

13 ‘‘(B) $3,000,000 shall be used by the Na14 tional Oceanic and Atmospheric Administration; 

15 and 

16 ‘‘(C) $1,000,000 shall be used by the 

17 Invasive Species Council; 

18 ‘‘(2) $30,000,000, to provide grants under sec19 tion 1204(b); 

20 ‘‘(3) $3,000,000, to provide assistance to the 

21 regional panels of the Task Force; and 

22 ‘‘(4) $1,000,000, to be used by the Director to 

23 carry out section 1105(g). 

24 ‘‘(c) INTERNATIONAL COORDINATION.—There is au25 thorized to be appropriated to the Department of State 


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

2 years 2006 through 2010. 

3 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

4 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

5 UNITED STATES.—There are authorized to be appro6 priated for each of fiscal years 2006 through 2010— 

7 ‘‘(1) $6,000,000, to be used by the Secretary to 

8 carry out section 1101; 

9 ‘‘(2) $2,500,000, to be used by the Adminis10 trator to carry out section 1101; and 

11 ‘‘(3) $2,750,000, to be used by the Task Force 

12 to carry out section 1101, of which— 

13 ‘‘(A) $1,500,000 shall be used by the Di14 rector; and 

15 ‘‘(B) $1,250,000 shall be used by the Na16 tional Oceanic and Atmospheric Administration. 

17 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON18 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

19 WATERS OF THE UNITED STATES.—There are authorized 

20 to be appropriated for each of fiscal years 2006 through 

21 2010— 

22 ‘‘(1) $5,000,000, to carry out the priority path23 way management program under section 1210, of 

24 which— 


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1 ‘‘(A) $2,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $3,000,000 shall be used by the Di5 rector; 

6 ‘‘(2) $1,000,000, to be used by the Invasive 

7 Species Council to establish screening guidelines 

8 under section 1105(b); and 

9 ‘‘(3) $3,500,000, to be used by the Director to 

10 promulgate and implement screening requirements 

11 under section 1105(g). 

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

13 are authorized to be appropriated, to carry out early detec14 tion, monitoring, and survey planning and implementation 

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

16 2006 and 2007 and $10,000,000 for each of fiscal years 

17 2008 through 2010, of which— 

18 ‘‘(1) for each of fiscal years 2006 and 2007— 

19 ‘‘(A) $1,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

22 ‘‘(B) $1,000,000 shall be used by the Di23 rector; and 

24 ‘‘(2) for each of fiscal years 2008 through 

25 2010— 


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1 ‘‘(A) $5,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $5,000,000 shall be used by the Di5 rector. 

6 ‘‘(g) CONTAINMENT AND CONTROL.— 

7 ‘‘(1) DISPERSAL BARRIERS.—There are author8 ized to be appropriated— 

9 ‘‘(A) for each of fiscal years 2006 through 

10 2010, $200,000, to be used by the Assistant 

11 Secretary in carrying out operation and mainte12 nance of the Chicago River Canal Dispersal 

13 Barrier under section 1202(j)(1); 

14 ‘‘(B) for fiscal year 2006, such sums as 

15 may be necessary and available until expended, 

16 to be used by the Assistant Secretary in car17 rying out the complete construction of the Chi18 cago River Canal Dispersal Barrier; 

19 ‘‘(C) for each of fiscal years 2006 through 

20 2010, $500,000, to be used by the Assistant 

21 Secretary to carry out a feasibility study for the 

22 construction described in subparagraph (C); 

23 and 

24 ‘‘(D) for each of fiscal years 2006 through 

25 2010, $2,150,000, to be used by the Director to 


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1 carry out the monitoring program under section 

2 1202(j)(2). 

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

4 to be appropriated for each of fiscal years 2006 

5 through 2010— 

6 ‘‘(A) $25,000,000, to the rapid response 

7 fund of the Secretary of the Interior established 

8 under section 1211; 

9 ‘‘(B) $1,000,000, to be used by the 

10 Invasive Species Council in developing the State 

11 and regional rapid response contingency strat12 egy under section 1211; and 

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

14 rapid response teams under section 1211(e), of 

15 which— 

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

17 National Oceanic and Atmospheric Admin18 istration; and 

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

20 Director. 

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

22 authorized to be appropriated for establishment 

23 under section 1202(k) of criteria for the improve24 ment of treatment methods for aquatic invasive speVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 cies $600,000 for each of fiscal years 2006 through 

2 2009. 

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

4 There are authorized to be appropriated for each of fiscal 

5 years 2006 through 2010— 

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

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

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

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

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

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

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

17 and 

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

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

22 section 1202(h)(2)(B)(ii).’’. 


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1 CHAPTER 6—CONFORMING AMENDMENTS 

2 SEC. 124. CONFORMING AMENDMENTS. 

3 (a) IN GENERAL.—The Nonindigenous Aquatic Nui4 sance Prevention and Control Act of 1990 is amended— 

5 (1) in section 1101 (16 U.S.C. 4711) by strik6 ing the section heading and inserting the following: 

7 ‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 

8 INVASIVE SPECIES INTO WATERS OF THE 

9 UNITED STATES BY VESSELS.’’; 

10 (2) in section 1102 (16 U.S.C. 4712)— 

11 (A) in subsection (a) by striking the sub12 section heading and inserting the following: 

13 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

14 INVASIVE SPECIES BY VESSELS.—’’; and 

15 (B) in subsection (b)— 

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

17 (ii) by redesignating paragraphs (2) 

18 and (3) as paragraphs (1) and (2), respec19 tively; 

20 (3) in subtitle C (16 U.S.C. 4721 et seq.) by 

21 striking the subtitle heading and inserting the fol22 lowing: 


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1 ‘‘Subtitle C—Prevention and Con2 trol of Aquatic Invasive Species 

3 Dispersal’’; 

4 (4) in section 1201(a) (16 U.S.C. 4721(a)) by 

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

6 Species’’; 

7 (5) in section 1202 (16 U.S.C. 4722) by strik8 ing the section heading and inserting the following: 

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

10 (6) in section 1204 (16 U.S.C. 4724) by strik11 ing the section heading and inserting the following: 

12 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE13 MENT PLANS.’’; and 

14 (7) by striking ‘‘aquatic nuisance species’’ each 

15 place it appears and inserting ‘‘aquatic invasive spe16 cies’’. 

17 (b) SHORT TITLE.—(1) Section 1001 of the Non18 indigenous Aquatic Nuisance Prevention and Control Act 

19 of 1990 (16 U.S.C. 4701) is amended by striking ‘‘Non20 indigenous Aquatic Nuisance’’ and inserting ‘‘Nonindige21 nous Aquatic Invasive Species’’. 

22 (2) REFERENCES.—Any reference in a law, map, reg23 ulation, document, paper, or other record of the United 

24 States to the Nonindigenous Aquatic Nuisance Prevention 

25 and Control Act of 1990 shall be deemed to be a reference 


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1 to the Nonindigenous Aquatic Invasive Species Prevention 

2 and Control Act of 1990. 

3 Subtitle B—Aquatic Invasive 

4 Species Research 

5 SEC. 141. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Aquatic Invasive 

7 Species Research Act’’. 

8 SEC. 142. FINDINGS. 

9 The Congress makes the following findings: 

10 (1) Aquatic invasive species damage infrastruc11 ture, disrupt commerce, outcompete native species, 

12 reduce biodiversity, and threaten human health. 

13 (2) The direct and indirect costs of aquatic 

14 invasive species to our Nation’s economy number in 

15 the billions of dollars per year. In the Great Lakes 

16 region, approximately $3,000,000,000 dollars have 

17 been spent in the past 10 years to mitigate the dam18 age caused by one invasive species, the zebra mussel. 

19 (3) Recent studies have shown that, in addition 

20 to economic damage, invasive species cause enor21 mous environmental damage, and have cited invasive 

22 species as the second leading threat to endangered 

23 species. 


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1 (4) Over the past 200 years, the rate of de2 tected marine and freshwater invasions in North 

3 America has increased exponentially. 

4 (5) The rate of invasions continues to grow 

5 each year. 

6 (6) Marine and freshwater research underlies 

7 every aspect of detecting, preventing, controlling, 

8 and eradicating invasive species, educating citizens 

9 and stakeholders, and restoring ecosystems. 

10 (7) Current Federal efforts, including research 

11 efforts, have focused primarily on controlling estab12 lished invasive species, which is both costly and often 

13 unsuccessful. An emphasis on research, development, 

14 and demonstration to support efforts to prevent 

15 invasive species or eradicate them upon entry into 

16 United States waters would likely result in a more 

17 cost-effective and successful approach to combating 

18 invasive species through preventing initial introduc19 tion. 

20 (8) Research, development, and demonstration 

21 to support prevention and eradication includes moni22 toring of both pathways and ecosystems to track the 

23 introduction and establishment of nonnative species, 

24 and development and testing of technologies to pre25 vent introduction through known pathways. 


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1 (9) Therefore, Congress finds that it is in the 

2 United States interest to conduct a comprehensive 

3 and thorough research, development, and demonstra4 tion program on aquatic invasive species in order to 

5 better understand how aquatic invasive species are 

6 introduced and become established and to support 

7 efforts to prevent the introduction and establishment 

8 of, and to eradicate, these species. 

9 SEC. 143. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTERING AGENCIES.—The term ‘‘ad12 ministering agencies’’ means— 

13 (A) the National Oceanic and Atmospheric 

14 Administration (including the Great Lakes En15 vironmental Research Laboratory); 

16 (B) the Smithsonian Institution (acting 

17 through the Smithsonian Environmental Re18 search Center); and 

19 (C) the United States Geological Survey. 

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

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

22 environment (including inland waters, riparian 

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


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

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

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

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

5 introduction and establishment of an invasive species 

6 into an ecosystem beyond its historic range. 

7 (5) INVASIVE SPECIES.—The term ‘‘invasive 

8 species’’ means a species— 

9 (A) that is nonnative to the ecosystem 

10 under consideration; and 

11 (B) whose introduction causes or may 

12 cause harm to the economy, the environment, or 

13 human health. 

14 (6) INVASIVE SPECIES COUNCIL.—The term 

15 ‘‘Invasive Species Council’’ means the council estab16 lished by section 3 of Executive Order No. 13112 

17 (42 U.S.C. 4321 note). 

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

19 one or more routes by which an invasive species is 

20 transferred from one ecosystem to another. 

21 (8) SPECIES.—The term ‘‘species’’ means any 

22 fundamental category of taxonomic classification or 

23 any viable biological material ranking below a genus 

24 or subgenus. 


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1 (9) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Aquatic Nuisance Species Task Force es3 tablished by section 1201(a) of the Nonindigenous 

4 Aquatic Nuisance Prevention and Control Act of 

5 1990 (16 U.S.C. 4721(a)). 

6 (10) TYPE APPROVAL.—The term ‘‘type ap7 proval’’ means an approval procedure under which a 

8 type of system is certified as meeting a standard es9 tablished pursuant to Federal law for a particular 

10 application. 

11 SEC. 144. COORDINATION AND IMPLEMENTATION. 

12 (a) COORDINATION.—In carrying out this Act, the 

13 administering agencies shall coordinate with— 

14 (1) appropriate State agencies; 

15 (2) the Fish and Wildlife Service, the Environ16 mental Protection Agency, and other appropriate 

17 Federal agencies; and 

18 (3) the Task Force and Invasive Species Coun19 cil. 

20 (b) IMPLEMENTATION.—The administering agencies 

21 shall enter into a memorandum of understanding regard22 ing the implementation of this Act, which shall include the 

23 coordination required by subsection (a). 


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1 (c) COOPERATION.—In carrying out this Act, the ad2 ministering agencies shall contract, as appropriate, or oth3 erwise cooperate with academic researchers. 

4 (d) STRUCTURE.—To the extent practicable, the ad5 ministering agencies shall carry out this Act working with6 in the organizational structure of the Task Force and 

7 Invasive Species Council. 

8 SEC. 145. ECOLOGICAL AND PATHWAY RESEARCH. 

9 (a) IN GENERAL.—The administering agencies shall 

10 develop and conduct a marine and fresh-water research 

11 program which shall include ecological and pathway sur12 veys and experimentation to detect nonnative aquatic spe13 cies in aquatic ecosystems and to assess rates and patterns 

14 of introductions of nonnative aquatic species in aquatic 

15 ecosystems. The goal of this marine and freshwater re16 search program shall be to support efforts to prevent the 

17 introduction of, detect, and eradicate invasive species 

18 through informing early detection and rapid response ef19 forts, informing relevant policy decisions, and assessing 

20 the effectiveness of implemented policies to prevent the in21 troduction and spread of aquatic invasive species. Surveys 

22 and experiments under this subsection shall be commenced 

23 not later than 18 months after the date of the enactment 

24 of this Act. 


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1 (b) PROTOCOL DEVELOPMENT.—The administering 

2 agencies shall establish standardized protocols for con3 ducting ecological and pathway surveys of nonnative 

4 aquatic species under subsection (a) that are integrated 

5 and produce comparable data. Protocols shall, as prac6 ticable, be integrated with existing protocols and data col7 lection methods. In developing the protocols under this 

8 subsection, the administering agencies shall draw on the 

9 recommendations gathered at the workshop under sub10 section (g). The protocols shall be peer reviewed, and re11 vised as necessary. Protocols shall be completed within 1 

12 year after the date of the enactment of this Act. 

13 (c) ECOLOGICAL AND PATHWAY SURVEY REQUIRE14 MENTS.—(1) Each ecological survey conducted under sub15 section (a) shall, at a minimum— 

16 (A) document baseline ecological information of 

17 the aquatic ecosystem including, to the extent prac18 ticable, a comprehensive inventory of native species, 

19 nonnative species, and species of unknown origin 

20 present in the ecosystem, as well as the chemical 

21 and physical characteristics of the water and under22 lying substrate; 

23 (B) for nonnative species, gather information to 

24 assist in identifying their life history, environmental 

25 requirements and tolerances, the historic range of 


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1 their native ecosystems, and their history of spread2 ing from their native ecosystems; 

3 (C) track the establishment of nonnative species 

4 including information about the estimated abun5 dance of nonnative organisms in order to allow an 

6 analysis of the probable date of introduction of the 

7 species; and 

8 (D) identify the likely pathway of entry of non9 native species. 

10 (2) Each pathway survey conducted under this sec11 tion shall, at a minimum— 

12 (A) identify what nonnative aquatic species are 

13 being introduced or may be introduced through the 

14 pathways under consideration; 

15 (B) determine the quantities of organisms being 

16 introduced through the pathways under consider17 ation; and 

18 (C) determine the practices that contributed to 

19 or could contribute to the introduction of nonnative 

20 aquatic species through the pathway under consider21 ation. 

22 (d) NUMBER AND LOCATION OF SURVEY SITES.— 

23 The administering agencies shall designate the number 

24 and location of survey sites necessary to carry out marine 

25 and freshwater research required under this section. In 


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1 establishing sites under this subsection or subsection (e), 

2 emphasis shall be on the geographic diversity of sites, as 

3 well as the diversity of the human uses and biological char4 acteristics of sites. 

5 (e) COMPETITIVE GRANT PROGRAM.—The National 

6 Oceanic and Atmospheric Administration and the United 

7 States Geological Survey shall jointly administer a pro8 gram to award competitive, peer-reviewed grants to aca9 demic institutions, State agencies, and other appropriate 

10 groups, in order to assist in carrying out subsection (a), 

11 and shall include to the maximum extent practicable di12 verse institutions, including Historically Black Colleges 

13 and Universities and those serving large proportions of 

14 Hispanics, Native Americans, Asian-Pacific Americans, or 

15 other underrepresented populations. 

16 (f) SHIP PATHWAY SURVEYS.—Section 

17 1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance 

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

19 4712(b)(2)(B)(ii)) is amended to read as follows: 

20 ‘‘(ii) examine other potential modes 

21 for the introduction of nonnative aquatic 

22 species by ship, including hull fouling.’’. 

23 (g) WORKSHOP.—In order to support the develop24 ment of the protocols and design for the surveys under 

25 subsections (b) and (c), and to determine how to obtain 


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1 consistent, comparable data across a range of ecosystems, 

2 the administering agencies shall convene at least one 

3 workshop with appropriate researchers and representa4 tives involved in the management of aquatic invasive spe5 cies from Federal and State agencies and academic insti6 tutions to gather recommendations. The administering 

7 agencies shall make the results of the workshop widely 

8 available to the public. The workshop shall be held within 

9 180 days after the date of the enactment of this Act. 

10 (h) EXPERIMENTATION.—The administering agen11 cies shall conduct research to identify the relationship be12 tween the introduction and establishment of nonnative 

13 aquatic species, including those legally introduced, and the 

14 circumstances necessary for those species to become 

15 invasive. 

16 (i) NATIONAL PATHWAY AND ECOLOGICAL SURVEYS

17 DATABASE.— 

18 (1) IN GENERAL.—The United States Geologi19 cal Survey shall develop, maintain, and update, in 

20 consultation and cooperation with the Smithsonian 

21 Institution (acting through the Smithsonian Envi22 ronmental Research Center), the National Oceanic 

23 and Atmospheric Administration, and the Task 

24 Force, a central, national database of information 

25 concerning information collected under this section. 


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1 (2) REQUIREMENTS.—The database shall— 

2 (A) be widely available to the public; 

3 (B) be updated not less than once a quar4 ter; 

5 (C) be coordinated with existing databases, 

6 both domestic and foreign, collecting similar in7 formation; and 

8 (D) be, to the maximum extent practicable, 

9 formatted such that the data is useful for both 

10 researchers and Federal and State employees 

11 managing relevant invasive species programs. 

12 SEC. 146. ANALYSIS. 

13 (a) INVASION ANALYSIS.— 

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

15 the date of the enactment of this Act, and every year 

16 thereafter, the administering agencies shall analyze 

17 data collected under section 5 and other relevant re18 search on the rates and patterns of invasions by 

19 aquatic invasive species in waters of the United 

20 States. The purpose of this analysis shall be to use 

21 the data collected under section 5 and other relevant 

22 research to support efforts to prevent the introduc23 tion of, detect, and eradicate invasive species 

24 through informing early detection and rapid re25 sponse efforts, informing relevant policy decisions, 


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1 and assessing the effectiveness of implemented poli2 cies to prevent the introduction and spread of 

3 invasive species. 

4 (2) CONTENTS.—The analysis required under 

5 paragraph (1) shall include with respect to aquatic 

6 invasive species— 

7 (A) an analysis of pathways, including— 

8 (i) identifying, and characterizing as 

9 high, medium, or low risk, pathways re10 gionally and nationally; 

11 (ii) identifying new and expanding 

12 pathways; 

13 (iii) identifying handling practices 

14 that contribute to the introduction of spe15 cies in pathways; and 

16 (iv) assessing the risk that species le17 gally introduced into the United States 

18 pose for introduction into aquatic eco19 systems; 

20 (B) patterns and rates of invasion and sus21 ceptibility to invasion of various bodies of 

22 water; 

23 (C) how the risk of establishment through 

24 a pathway is related to the identity and number 

25 of organisms transported; 


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1 (D) rates of spread and numbers and types 

2 of pathways of spread of new populations of the 

3 aquatic invasive species and an estimation of 

4 the potential spread and distribution of newly 

5 introduced invasive species based on their envi6 ronmental requirements and historical distribu7 tion; 

8 (E) documentation of factors that influ9 ence an ecosystem’s vulnerability to a nonnative 

10 aquatic species becoming invasive; 

11 (F) a description of the potential for, and 

12 impacts of, pathway management programs on 

13 invasion rates; 

14 (G) recommendations for improvements in 

15 the effectiveness of pathway management; 

16 (H) to the extent practical, a determina17 tion of the level of reduction in live organisms 

18 of various taxonomic groups required to reduce 

19 the risk of establishment to receiving aquatic 

20 ecosystems to an acceptable level; and 

21 (I) an evaluation of the effectiveness of 

22 management actions (including any standard) 

23 at preventing nonnative species introductions 

24 and establishment. 


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1 (b) RESEARCH TO ASSESS THE POTENTIAL OF THE

2 ESTABLISHMENT OF INTRODUCED SPECIES.—Within 2 

3 years after the date of the enactment of this Act, the ad4 ministering agencies shall develop a profile, based on the 

5 general characteristics of invasive species and vulnerable 

6 ecosystems, in order to predict, to the extent practical, 

7 whether a species planned for importation is likely to in8 vade a particular aquatic ecosystem if introduced. In de9 veloping the profile, the above agencies shall analyze the 

10 research conducted under section 5, and other research 

11 as necessary, to determine general species and ecosystem 

12 characteristics (taking into account the opportunity for in13 troduction into any ecosystem) and circumstances that can 

14 lead to establishment. Based on the profile, the Task 

15 Force shall make recommendations to the Invasive Species 

16 Council as to what planned importations of nonnative 

17 aquatic organisms should be restricted. This profile shall 

18 be peer-reviewed. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated for carrying out this sec21 tion and section 5 of this Act, and section 1102(b)(2) of 

22 the Nonindigenous Aquatic Nuisance Prevention and Con23 trol Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the 

24 fiscal years 2006 through 2010— 


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1 (1) $4,000,000 for the Smithsonian Environ2 mental Research Center; 

3 (2) $11,000,000 for the United States Geologi4 cal Survey (including activities through the Coopera5 tive Fish and Wildlife Research Program), of which 

6 $6,500,000 shall be for the grant program under 

7 section 5(e), and of which $500,000 shall be for de8 veloping, maintaining, and updating the database 

9 under section 5(i); and 

10 (3) $10,500,000 for the National Oceanic and 

11 Atmospheric Administration, of which $6,500,000 

12 shall be for the grant program under section 5(e). 

13 SEC. 147. DISSEMINATION. 

14 (a) IN GENERAL.—The Invasive Species Council, in 

15 coordination with the Task Force and the administering 

16 agencies, shall be responsible for disseminating the infor17 mation collected under this Act to the public, including 

18 Federal, State, and local entities, relevant policymakers, 

19 and private researchers with responsibility over or interest 

20 in aquatic invasive species. 

21 (b) REPORT TO CONGRESS.—Not later than 3 years 

22 after the date of the enactment of this Act, the Invasive 

23 Species Council shall report actions and findings under 

24 section 6 to the Congress, and shall update this report 

25 once every 3 years thereafter, or more often as necessary. 


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1 (c) RESPONSE STRATEGY.—The Invasive Species 

2 Council, in coordination with the Task Force, the admin3 istering agencies, and other appropriate Federal and State 

4 agencies, shall develop and implement a national strategy 

5 for how information collected under this Act will be shared 

6 with Federal, State, and local entities with responsibility 

7 for determining response to the introduction of potentially 

8 invasive aquatic species, to enable those entities to better 

9 and more rapidly respond to such introductions. 

10 (d) PATHWAY PRACTICES.—The Invasive Species 

11 Council, in coordination with the Task Force and the ad12 ministering agencies, shall disseminate information to, 

13 and develop an ongoing educational program for, pathway 

14 users (including vendors and customers) on how their 

15 practices could be modified to prevent the intentional or 

16 unintentional introduction of nonnative aquatic species 

17 into aquatic ecosystems. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary of the Inte20 rior for each of the fiscal years 2006 through 2010 

21 $500,000 for the Invasive Species Council for carrying out 

22 this section. 


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1 SEC. 148. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 

2 AND VERIFICATION. 

3 (a) ENVIRONMENTALLY SOUND TECHNOLOGY DE4 VELOPMENT, DEMONSTRATION, AND VERIFICATION.— 

5 (1) GRANT PROGRAM.—Not later than 1 year 

6 after the date of the enactment of this Act, the En7 vironmental Protection Agency, acting through the 

8 Office of Research and Development, in consultation 

9 with the Army Corps of Engineers, the admin10 istering agencies, and the Task Force, shall develop 

11 and begin administering a grant program to fund re12 search, development, demonstration, and verification 

13 of environmentally sound cost-effective technologies 

14 and methods to control and eradicate aquatic 

15 invasive species. 

16 (2) PURPOSES.—Proposals funded under this 

17 subsection shall— 

18 (A) seek to support Federal, State, or local 

19 officials’ ongoing efforts to control and eradi20 cate aquatic invasive species in an environ21 mentally sound manner; 

22 (B) increase the number of environ23 mentally sound technologies or methods Fed24 eral, State, or local officials may use to control 

25 or eradicate aquatic invasive species; 


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1 (C) provide for demonstration or dissemi2 nation of the technology or method to potential 

3 end-users; and 

4 (D) verify that any technology or method 

5 meets any appropriate criteria developed for ef6 fectiveness and environmental soundness by the 

7 Environmental Protection Agency. 

8 (3) PREFERENCE.—The Administrator of the 

9 Environmental Protection Agency shall give pref10 erence to proposals that will likely meet any appro11 priate criteria developed for environmental sound12 ness by the Environmental Protection Agency. 

13 (4) MERIT REVIEW.—Grants shall be awarded 

14 under this subsection through a competitive, peer-re15 viewed process. 

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

17 date of the enactment of this Act, the Administrator 

18 of the Environmental Protection Agency shall pre19 pare and submit a report to Congress on the pro20 gram conducted under this subsection. The report 

21 shall include findings and recommendations of the 

22 Administrator with regard to technologies and meth23 ods. 

24 (b) SHIP PATHWAY TECHNOLOGY DEMONSTRA25 TION.— 


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1 (1) REAUTHORIZATION OF PROGRAM.—Section 

2 1301(e) of the Nonindigenous Aquatic Nuisance 

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

4 4741(e)) is amended by striking ‘‘$2,500,000’’ and 

5 inserting ‘‘$7,500,000 for each of the fiscal years 

6 2006 through 2010’’. 

7 (2) EXPANSION OF PROGRAM.—Section 1104(b) 

8 of the Nonindigenous Aquatic Nuisance Prevention 

9 and Control Act of 1990 (16 U.S.C. 4714(b)) is 

10 amended— 

11 (A) by redesignating paragraphs (4) and 

12 (5) as paragraphs (5) and (6), respectively; and 

13 (B) by inserting after paragraph (3) the 

14 following new paragraph: 

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

16 of the Interior and the Secretary of Commerce may 

17 also demonstrate and verify technologies under this 

18 subsection to monitor and control pathways of orga19 nism transport on ships other than through ballast 

20 water.’’. 

21 (3) CRITERIA AND WORKSHOP.—Section 1104 

22 of the Nonindigenous Aquatic Nuisance Prevention 

23 and Control Act of 1990 (16 U.S.C. 4714) is 

24 amended by adding at the end the following new 

25 subsections: 


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1 ‘‘(d) CRITERIA.—When issuing grants under this sec2 tion, the National Oceanic and Atmospheric Administra3 tion shall give preference to those technologies that will 

4 likely meet the criteria laid out in any testing protocol de5 veloped by the Environmental Protection Agency Office of 

6 Research and Development’s Environmental Technology 

7 Verification Program. 

8 ‘‘(e) WORKSHOP.—The National Oceanic and Atmos9 pheric Administration shall hold an annual workshop of 

10 principal investigators funded under this section and re11 searchers conducting research directly related to ship 

12 pathway technology development, for information ex13 change, and shall make the proceedings widely available 

14 to the public.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated for each of the fiscal 

17 years 2006 through 2010 $2,500,000 for the Environ18 mental Protection Agency to carry out subsection (a). 

19 SEC. 149. RESEARCH TO SUPPORT THE SETTING AND IM20 PLEMENTATION OF SHIP PATHWAY STAND21 ARDS. 

22 (a) RESEARCH PROGRAM.—The Coast Guard and the 

23 Environmental Protection Agency, in coordination with 

24 the National Oceanic and Atmospheric Administration, 

25 the Task Force, and other appropriate Federal agencies 


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1 and academic researchers, shall develop a coordinated re2 search program to support the promulgation and imple3 mentation of standards to prevent the introduction and 

4 spread of invasive species by ships that shall include— 

5 (1) characterizing physical, chemical, and bio6 logical harbor conditions relevant to ballast dis7 charge into United States waters to inform the de8 sign and implementation of ship vector control tech9 nologies and practices; 

10 (2) developing testing protocols for determining 

11 the effectiveness of vector monitoring and control 

12 technologies and practices; 

13 (3) researching and demonstrating methods for 

14 mitigating the spread of invasive species by coastal 

15 voyages, including exploring the effectiveness of al16 ternative exchange zones in the near coastal areas 

17 and other methods proposed to reduce transfers of 

18 organisms; 

19 (4) verifying the practical effectiveness of any 

20 type approval process to ensure that the process pro21 duces repeatable and accurate assessments of treat22 ment effectiveness; and 

23 (5) evaluating the effectiveness and residual 

24 risk and environmental impacts associated with any 


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1 standard set with respect to the ship pathway 

2 through experimental research. 

3 (b) WORKING GROUP.—Not later than 2 years after 

4 the issuance by the Coast Guard of any standard relating 

5 to the introduction by ships of invasive species, the Coast 

6 Guard shall convene a working group including the Envi7 ronmental Protection Agency, the administering agencies, 

8 and other appropriate Federal and State agencies and aca9 demic researchers, to evaluate the effectiveness of that 

10 standard and accompanying implementation protocols. 

11 The duties of the working group shall, at a minimum, in12 clude— 

13 (1) reviewing the effectiveness of the standard 

14 in reducing the establishment of invasive species in 

15 aquatic ecosystems, taking into consideration the 

16 data collected under section 5; and 

17 (2) developing recommendations to the Coast 

18 Guard for the revision of such standard and type ap19 proval process to ensure effectiveness in reducing in20 troductions and accurate shipboard monitoring of 

21 treatment performance that is simple and stream22 lined, which shall be made widely available to the 

23 public. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of the fiscal 


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1 years 2006 through 2010 $1,500,000 for the Coast Guard 

2 and $1,500,000 for the Environmental Protection Agency 

3 to carry out subsection (a). 

4 SEC. 150. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

5 (a) IN GENERAL.—The National Science Foundation 

6 shall establish a program to award grants to researchers 

7 at institutions of higher education and museums to carry 

8 out research programs in systematics and taxonomy. 

9 (b) GOALS.—The goals of the program under this 

10 section are to— 

11 (1) encourage scientists to pursue careers in 

12 systematics and taxonomy to ensure a continuing 

13 knowledge base in these disciplines; 

14 (2) ensure that there will be adequate expertise 

15 in systematics and taxonomy to support Federal, 

16 State, and local needs to identify species; 

17 (3) develop this expertise throughout the United 

18 States with an emphasis on regional diversity; and 

19 (4) draw on existing expertise in systematics 

20 and taxonomy at institutions of higher education 

21 and museums to train the next generation of system22 atists and taxonomists. 

23 (c) CRITERIA.—Grants shall be awarded under this 

24 section on a merit-reviewed competitive basis. Emphasis 

25 shall be placed on funding proposals in a diverse set of 


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1 ecosystems and geographic locations, and, when applica2 ble, integrated with the United States Long Term Ecologi3 cal Research Network. Preference shall be given to pro4 posals that will include student participation, and to insti5 tutions and museums that actively train students to be6 come experts in taxonomy and systematics. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the National Science 

9 Foundation for carrying out this section $2,500,000 for 

10 each of the fiscal years 2006 through 2010. 

11 SEC. 151. STATE PROGRAMS. 

12 (a) PLAN.—The administering agencies, in coopera13 tion with the appropriate State agencies, shall develop a 

14 plan to— 

15 (1) conduct a survey of methods States and 

16 Federal agencies are using to control or eradicate 

17 aquatic invasive species; 

18 (2) facilitate the exchange of information 

19 among States and Federal agencies on methods 

20 States or Federal agencies have found to be effective 

21 at controlling or eradicating aquatic invasive species 

22 and the costs of those methods; and 

23 (3) evaluate the cost-effectiveness of the various 

24 methods States and Federal agencies are using to 

25 control or eradicate aquatic invasive species. 


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1 (b) REPORT.—Not later than one year after the date 

2 of enactment of this Act, the administering agencies shall 

3 jointly transmit to the Congress the plan described in sub4 section (a) and the expected costs of carrying out the plan. 

5 Subtitle C—Invasive Species 

6 Council 

7 SEC. 161. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘National Invasive 

9 Species Council Act’’. 

10 SEC. 162. STATEMENT OF POLICY REGARDING FEDERAL 

11 DUTIES. 

12 (a) IN GENERAL.—No Federal agency may author13 ize, fund, or carry out any action that would likely cause 

14 or promote the introduction or spread of an invasive spe15 cies in the United States or any other location, unless the 

16 head of the Federal agency, at his or her sole discretion 

17 and pursuant to guidelines developed under subsection (b), 

18 determines that— 

19 (1) the benefits of the action under consider20 ation clearly outweigh the potential harm to the en21 vironment, economy, or human health caused by the 

22 introduction or spread of the invasive species; and 

23 (2) all feasible and prudent measures to mini24 mize risk of harm to the environment, economy, or 


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1 human health will be taken in carrying out the ac2 tions. 

3 (b) GUIDELINES.—The Council for Environmental 

4 Quality, in conjunction with the Invasive Species Council, 

5 shall develop guidelines for Federal agencies to analyze ac6 tions pursuant to this section. 

7 SEC. 163. NATIONAL INVASIVE SPECIES COUNCIL. 

8 (a) ESTABLISHMENT.—There is established as an 

9 independent entity within the executive branch the Na10 tional Invasive Species Council. The Council shall provide 

11 leadership and coordination among Federal agencies, and 

12 between the Federal Government and State and local gov13 ernments, with respect to effort to minimize the economic, 

14 ecological, and human health impacts that invasive species 

15 cause and reduce the threat of further invasions. 

16 (b) MEMBERSHIP.— 

17 (1) IN GENERAL.—The Council shall consist of 

18 the following members: 

19 (A) The Secretary of the Interior. 

20 (B) The Secretary of Agriculture. 

21 (C) The Secretary of Commerce. 

22 (D) The Secretary of State. 

23 (E) The Secretary of the Treasury. 

24 (F) The Secretary of Defense. 

25 (G) The Secretary of Transportation. 


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1 (H) The Secretary of Health and Human 

2 Services. 

3 (I) The Administrator of the Environ4 mental Protection Agency. 

5 (J) The Administrator of the United 

6 States Agency for International Development. 

7 (K) Such additional members as may be 

8 appointed under paragraph (2). 

9 (2) ADDITIONAL MEMBERS.—With the concur10 rence of a majority of the members of the Council, 

11 the Chair of the Council may appoint additional 

12 members to the Council from among individuals who 

13 are officers or employees of the Federal Government 

14 with significant responsibilities concerning invasive 

15 species. 

16 (c) CHAIR.—The Secretary of the Interior shall serve 

17 as chair of the Council for the 3-year period beginning 

18 on the date of the enactment of this Act. Thereafter, the 

19 chair shall rotate every 3 years among the following mem20 bers, in the order stated: 

21 (1) The Secretary of Agriculture. 

22 (2) The Secretary of Commerce. 

23 (3) The Secretary of the Interior. 

24 (d) MEETINGS.—The Council shall meet at least 

25 semiannually, at the call of the chair. 


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1 (e) EXECUTIVE DIRECTOR.— 

2 (1) APPOINTMENT.—The President shall ap3 point the Executive Director of the Council, by and 

4 with the advice and consent of the Senate. 

5 (2) CONSULTATION.—Before appointing an in6 dividual under paragraph (1), the President shall 

7 consult with the Secretary of the Interior, the Sec8 retary of Agriculture, and the Secretary of Com9 merce. 

10 (3) QUALIFICATIONS.—An individual appointed 

11 under this subsection must have legal or scientific 

12 experience and training in the area of natural re13 sources, ecology, or agriculture, and experience in 

14 dealing with public policy matters regarding aquatic 

15 and terrestrial invasive species. 

16 (4) TERM.—The Executive Director of the 

17 Council shall serve a term of six years, unless re18 moved earlier by the President. 

19 (5) COMPENSATION.—The Executive Director 

20 shall be paid at the maximum rate of basic pay for 

21 GS–15 of the General Schedule. 

22 SEC. 164. DUTIES. 

23 (a) IN GENERAL.—The Council shall ensure that 

24 Federal agency efforts concerning invasive species are co25 ordinated, effective, complementary, and cost-efficient. 


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1 (b) SPECIFIC FUNCTIONS.—To carry out subsection 

2 (a) the Council shall perform the following functions: 

3 (1) Coordinate with existing organizations ad4 dressing invasive species, such as the Aquatic Nui5 sance Species Task Force, the Federal Interagency 

6 Committee for the Management of Noxious and Ex7 otic Weeds, regional panels established under the 

8 Nonindigenous Aquatic Nuisance Prevention and 

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

10 the White House Office of Science and Technology 

11 Policy, to implement the National Management 

12 Plan. 

13 (2) Develop recommendations for international 

14 cooperation between Federal and State Governments 

15 and other nations on tools, policies, and methods to 

16 prevent the introduction and export of invasive spe17 cies into and from, respectively, the United States. 

18 (3) Develop guidelines for Federal agency ef19 forts to ensure that Federal programs concerning 

20 invasive species, including outreach programs, are 

21 coordinated with State, local, and tribal govern22 ments. 

23 (4) Develop, in consultation with the Council on 

24 Environmental Quality, guidance to Federal agencies 

25 pursuant to the National Environmental Policy Act 


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1 of 1969 (42 U.S.C. 4321 et seq.) on prevention, con2 trol, and eradication of invasive species. 

3 (5) Establish and maintain a publicly acces4 sible, coordinated, up-to-date information sharing 

5 system that— 

6 (A) allows the access to and exchange of 

7 information among Federal agencies and the 

8 public; and 

9 (B) utilizes, to the greatest extent prac10 ticable, the Internet. 

11 (6) Ensure that Federal agencies implement the 

12 plans, programs, and policies adopted by the Council 

13 in the National Management Plan through appro14 priate actions, including working in cooperation with 

15 Federal agencies on development of budgets pursu16 ant to the President’s annual budget submission to 

17 the Congress. 

18 (7) Evaluate Federal programs that are likely 

19 to cause or promote the introduction or spread of 

20 invasive species in the United States, and rec21 ommend actions Federal agencies can take to mini22 mize the risk of introductions or further spread of 

23 invasive species. 

24 (8) Develop and submit to the appropriate 

25 Committees of the House of Representatives and 


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1 Senate and the Director of the Office of Manage2 ment and Budget an annual list of priorities, ranked 

3 in high, medium, and low categories, of Federal ef4 forts and programs in the following areas: 

5 (A) Prevention. 

6 (B) Eradication. 

7 (C) Control. 

8 (D) Monitoring. 

9 (E) Research. 

10 (F) Outreach. 

11 SEC. 165. NATIONAL INVASIVE SPECIES MANAGEMENT 

12 PLAN. 

13 (a) DEVELOPMENT.— 

14 (1) IN GENERAL.—The Council shall develop a 

15 National Invasive Species Management Plan that de16 tails and recommends performance-oriented goals 

17 and specific measures of success for carrying out 

18 each of the Federal agency activities related to 

19 invasive species. 

20 (2) DEVELOPMENT PROCESS.—The National 

21 Management Plan shall be developed through a pub22 lic process and in consultation with Federal agen23 cies, appropriate State and local entities, and other 

24 appropriate stakeholders. 


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1 (3) CONTENTS.—The National Management 

2 Plan shall include recommendations of effective, 

3 cost-efficient, environmentally sound, and science4 based approaches for the following: 

5 (A) Prevention of the introduction of 

6 invasive species, including approaches for iden7 tifying pathways by which invasive species are 

8 introduced and for minimizing the risk of intro9 ductions via those pathways. Recommended ap10 proaches under this subparagraph shall provide 

11 for— 

12 (i) a process to evaluate risks associ13 ated with the introduction and spread of 

14 invasive species; and 

15 (ii) a coordinated and systematic risk16 based process to identify, monitor, and 

17 interdict pathways that may be involved in 

18 the introduction of invasive species. 

19 (B) Cooperating with other nations to in20 crease their capacity to control their invasive 

21 species and to prevent the spread of invasive 

22 species across international borders. 

23 (C) Rapidly detecting and responding to 

24 incipient invasions of invasive species. 


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1 (D) Managing new and established popu2 lations of invasive species by eradicating them 

3 or controlling their spread. 

4 (E) Accurately and reliably monitoring new 

5 and established populations of invasive species. 

6 (F) Restoring native species and habitat 

7 conditions in ecosystems that have been invaded 

8 by invasive species. 

9 (G) Evaluating and documenting the im10 pacts of invasive species on the economy, the 

11 environment, and human health. 

12 (H) Conducting research on the matters 

13 referred to in subparagraphs (A) through (F). 

14 (I) Developing technologies to prevent the 

15 introduction and provide for the management of 

16 invasive species. 

17 (J) Promoting public education on invasive 

18 species and the means to address them. 

19 (4) IDENTIFICATION OF NEEDED PERSONNEL, 

20 ETC.—The National Management Plan shall identify 

21 the personnel, other resources, and additional levels 

22 of coordination needed to achieve the goals included 

23 in the plan. 

24 (b) EXISTING PLAN.—The Management Plan of the 

25 National Invasive Species Council adopted in 2001 shall 


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1 be treated as the National Management Plan required 

2 under subsection (a) until the date of the issuance of the 

3 National Management plan in accordance with subsection 

4 (c). 

5 (c) ISSUANCE AND UPDATE OF NATIONAL MANAGE6 MENT PLAN.—The Council shall— 

7 (1) issue the National Management Plan re8 quired under subsection (a) by not later than De9 cember 31, 2007; 

10 (2) update the National Management Plan by 

11 not later than December 31 biennially; and 

12 (3) concurrently with the process of updating 

13 the National Management Plan, evaluate and report 

14 to the Congress on success in achieving the goals set 

15 forth in the National Management Plan. 

16 (d) AGENCY REPORTS.—Within 18 months after the 

17 date of the issuance of any edition of the National Man18 agement Plan that recommends action by a Federal agen19 cy, the head of such agency shall report to the Congress 

20 any of such actions that the agency has not taken, with 

21 an explanation of why the action is not feasible. 

22 SEC. 166. INVASIVE SPECIES ADVISORY COMMITTEE. 

23 (a) IN GENERAL.—The Council shall have an advi24 sory committee to provide information and advice for con25 sideration by the Council, which shall be known as the 


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1 Invasive Species Advisory Committee. Except as otherwise 

2 provided in this section, the advisory committee shall be 

3 organized, perform the functions, and have the authorities 

4 specified in the charter for such advisory committee signed 

5 by the Secretary of the Interior on October 30, 2001. 

6 (b) APPOINTMENT.—Members of the advisory com7 mittee shall be appointed by the chair of the Council, after 

8 consultation with the other members of the Council, from 

9 among individuals representing stakeholders with respect 

10 to Federal programs for minimizing the economic, ecologi11 cal, and human health impacts that invasive species cause. 

12 (c) FUNCTIONS.—In addition to the functions speci13 fied in the charter referred to in subsection (a), the advi14 sory committee shall recommend to the Council plans and 

15 actions at local, tribal, State, regional, and ecosystem16 based levels to achieve the goals of the National Manage17 ment Plan required under section 5. 

18 (d) CONTINUING OPERATION OF EXISTING COM19 MITTEE.—Any advisory committee appointed before the 

20 date of the enactment of this Act pursuant to the charter 

21 referred to in subsection (a) may continue in effect under 

22 this section. 

23 SEC. 167. BUDGET CROSSCUT. 

24 The Director of the Office of Management and Budg25 et shall prepare and submit to the Congress and the CounVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 cil, by not later than March 31, 2006, and of each year 

2 thereafter, a budget analysis and summary of all Federal 

3 programs relating to invasive species. 

4 SEC. 168. DEFINITIONS. 

5 In this Act: 

6 (1) COUNCIL.—The term ‘‘Council’’ means the 

7 National Invasive Species Council established by sec8 tion 3(a). 

9 (2) INVASIVE SPECIES.—The term ‘‘invasive 

10 species’’ means a species— 

11 (A) that is nonnative to the ecosystem 

12 under consideration; and 

13 (B) the introduction of which causes or 

14 may cause harm to the economy, the environ15 ment, or human health. 

16 (3) NATIONAL MANAGEMENT PLAN.—The term 

17 ‘‘National Management Plan’’ means the National 

18 Invasive Species Management Plan developed by the 

19 Council under section 5(a). 

20 (4) SPECIES.—The term ‘‘species’’ means a cat21 egory of taxonomic classification ranking below a 

22 genus or subgenus and consisting of related orga23 nisms capable of interbreeding. 


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1 SEC. 169. EXISTING EXECUTIVE ORDER. 

2 Executive Order 13112, dated February 3, 1999, 

3 shall have no force or effect. 

4 SEC. 170. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to carry out 

6 this Act $2,000,000 for each of fiscal years 2006 through 

7 2008. 

8 TITLE II—HABITAT AND SPECIES 

9 SEC. 201. DEFINITIONS. 

10 Section 1004 of the Great Lakes Fish and Wildlife 

11 Restoration Act of 1990 (16 U.S.C. 941b) is amended— 

12 (1) by striking paragraphs (1), (4), and (12); 

13 (2) by redesignating paragraphs (2), (3), (5), 

14 (6), (7), (8), (9), (10), (11), (13), and (14) as para15 graphs (1), (2), (3), (4), (5), (6), (7), (9), (10), 

16 (11), and (12), respectively; 

17 (3) in paragraph (4) (as redesignated by para18 graph (2)), by inserting before the semicolon at the 

19 end the following: ‘‘, and that has Great Lakes fish 

20 and wildlife management authority in the Great 

21 Lakes Basin’’; and 

22 (4) by inserting after paragraph (7) (as redesig23 nated by paragraph (2)) the following: 

24 ‘‘(8) the term ‘regional project’ means author25 ized activities of the United States Fish and Wildlife 

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1 tion, restoration, maintenance, and enhancement 

2 that benefit the Great Lakes basin;’’. 

3 SEC. 202. IDENTIFICATION, REVIEW, AND IMPLEMENTA4 TION OF PROPOSALS. 

5 Section 1005 of the Great Lakes Fish and Wildlife 

6 Restoration Act of 1990 (16 U.S.C. 941c) is amended to 

7 read as follows: 

8 ‘‘SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTA9 TION OF PROPOSALS AND REGIONAL 

10 PROJECTS. 

11 ‘‘(a) IN GENERAL.—Subject to subsection (b)(2), the 

12 Director— 

13 ‘‘(1) shall encourage the development and, sub14 ject to the availability of appropriations, the imple15 mentation of fish and wildlife restoration proposals 

16 and regional projects; and 

17 ‘‘(2) in cooperation with the State Directors 

18 and Indian Tribes, shall identify, develop, and, sub19 ject to the availability of appropriations, implement 

20 regional projects in the Great Lakes Basin to be ad21 ministered by Director in accordance with this sec22 tion. 

23 ‘‘(b) IDENTIFICATION OF PROPOSALS AND REGIONAL

24 PROJECTS.— 


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1 ‘‘(1) REQUEST BY THE DIRECTOR.—The Direc2 tor shall annually request that State Directors and 

3 Indian Tribes, in cooperation or partnership with 

4 other interested entities and in accordance with sub5 section (a), submit proposals or regional projects for 

6 the restoration of fish and wildlife resources. 

7 ‘‘(2) REQUIREMENTS FOR PROPOSALS AND RE8 GIONAL PROJECTS.—A proposal or regional project 

9 under paragraph (1) shall be— 

10 ‘‘(A) submitted in the manner and form 

11 prescribed by the Director; and 

12 ‘‘(B) consistent with— 

13 ‘‘(i) the goals of the Great Lakes 

14 Water Quality Agreement, as amended; 

15 ‘‘(ii) the 1954 Great Lakes Fisheries 

16 Convention; 

17 ‘‘(iii) the 1980 Joint Strategic Plan 

18 for Management of Great Lakes Fisheries, 

19 as revised in 1997, and Fish Community 

20 Objectives for each Great Lake and con21 necting water as established under the 

22 Joint Strategic Plan; 

23 ‘‘(iv) the Nonindigenous Aquatic Nui24 sance Prevention and Control Act of 1990 

25 (16 U.S.C. 4701 et seq.); 


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1 ‘‘(v) the North American Waterfowl 

2 Management Plan and joint ventures es3 tablished under the plan; and 

4 ‘‘(vi) the strategies outlined through 

5 the Great Lakes Regional Collaboration 

6 authorized under Executive Order 13340 

7 (69 Fed. Reg. 29043; relating to the Great 

8 Lakes Interagency Task Force). 

9 ‘‘(3) SEA LAMPREY AUTHORITY.—The Great 

10 Lakes Fishery Commission shall retain authority 

11 and responsibility to formulate and implement a 

12 comprehensive program to eradicate or minimize sea 

13 lamprey populations in the Great Lakes Basin. 

14 ‘‘(c) REVIEW OF PROPOSALS.— 

15 ‘‘(1) ESTABLISHMENT OF COMMITTEE.—There 

16 is established the Great Lakes Fish and Wildlife 

17 Restoration Proposal Review Committee, which shall 

18 operate under the guidance of the United States 

19 Fish and Wildlife Service. 

20 ‘‘(2) MEMBERSHIP AND APPOINTMENT.— 

21 ‘‘(A) IN GENERAL.—The Committee shall 

22 consist of 2 representatives of each of the State 

23 Directors and Indian Tribes, of whom— 

24 ‘‘(i) 1 representative shall be the indi25 vidual appointed by the State Director or 


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1 Indian Tribe to the Council of Lake Com2 mittees of the Great Lakes Fishery Com3 mission; and 

4 ‘‘(ii) 1 representative shall have exper5 tise in wildlife management. 

6 ‘‘(B) APPOINTMENTS.—Each representa7 tive shall serve at the pleasure of the appointing 

8 State Director or Tribal Chair. 

9 ‘‘(C) OBSERVER.—The Great Lakes Coor10 dinator of the United States Fish and Wildlife 

11 Service shall participate as an observer of the 

12 Committee. 

13 ‘‘(D) RECUSAL.—A member of the Com14 mittee shall recuse himself or herself from con15 sideration of proposals that the member, or the 

16 entity that the member represents, has sub17 mitted. 

18 ‘‘(3) FUNCTIONS.—The Committee shall— 

19 ‘‘(A) meet at least annually; 

20 ‘‘(B) review proposals and special projects 

21 developed in accordance with subsection (b) to 

22 assess the effectiveness and appropriateness of 

23 the proposals and special projects in fulfilling 

24 the purposes of this title; and 


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1 ‘‘(C) recommend to the Director any of 

2 those proposals and special projects that should 

3 be funded and implemented under this section. 

4 ‘‘(d) IMPLEMENTATION OF PROPOSALS AND RE5 GIONAL PROJECTS.— 

6 ‘‘(1) IN GENERAL.—After considering rec7 ommendations of the Committee and the goals speci8 fied in section 1006, the Director shall— 

9 ‘‘(A) select proposals and regional projects 

10 to be implemented; and 

11 ‘‘(B) subject to the availability of appro12 priations and subsection (e), fund implementa13 tion of the proposals and regional projects. 

14 ‘‘(2) SELECTION CRITERIA.—In selecting and 

15 funding proposals and regional projects, the Director 

16 shall take into account the effectiveness and appro17 priateness of the proposals and regional projects in 

18 fulfilling the purposes of other laws applicable to 

19 restoration of the fish and wildlife resources and 

20 habitat of the Great Lakes Basin. 

21 ‘‘(e) COST SHARING.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graphs (2) and (4), not less than 25 percent of the 

24 cost of implementing a proposal selected under sub25 section (d) (excluding the cost of establishing sea 


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1 lamprey barriers) shall be paid in cash or in-kind 

2 contributions by non-Federal sources. 

3 ‘‘(2) REGIONAL PROJECTS.—Regional projects 

4 selected under subsection (d) shall be exempt from 

5 cost sharing if the Director determines that the au6 thorization for the project does not require a non7 Federal cost-share. 

8 ‘‘(3) EXCLUSION OF FEDERAL FUNDS FROM

9 NON-FEDERAL SHARE.—The Director may not con10 sider the expenditure, directly or indirectly, of Fed11 eral funds received by any entity to be a contribution 

12 by a non-Federal source for purposes of this sub13 section. 

14 ‘‘(4) EFFECT ON CERTAIN INDIAN TRIBES.— 

15 Nothing in this subsection affects an Indian tribe af16 fected by an alternative applicable cost sharing re17 quirement under the Indian Self-Determination and 

18 Education Assistance Act (25 U.S.C. 450 et seq.).’’. 

19 SEC. 203. GOALS OF UNITED STATES FISH AND WILDLIFE 

20 SERVICE PROGRAMS RELATED TO GREAT 

21 LAKES FISH AND WILDLIFE RESOURCES. 

22 Section 1006 of the Great Lakes Fish and Wildlife 

23 Restoration Act of 1990 (16 U.S.C. 941d) is amended by 

24 striking paragraph (1) and inserting the following: 


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1 ‘‘(1) Restoring and maintaining self-sustaining 

2 fish and wildlife resources.’’. 

3 SEC. 204. ESTABLISHMENT OF OFFICES. 

4 Section 1007 of the Great Lakes Fish and Wildlife 

5 Restoration Act of 1990 (16 U.S.C. 941e) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) GREAT LAKES COORDINATION OFFICE.— 

9 ‘‘(1) IN GENERAL.—The Director shall establish 

10 a centrally located facility for the coordination of all 

11 United States Fish and Wildlife Service activities in 

12 the Great Lakes Basin, to be known as the ‘Great 

13 Lakes Coordination Office’. 

14 ‘‘(2) FUNCTIONAL RESPONSIBILITIES.—The 

15 functional responsibilities of the Great Lakes Co16 ordination Office shall include— 

17 ‘‘(A) intra- and interagency coordination; 

18 ‘‘(B) information distribution; and 

19 ‘‘(C) public outreach. 

20 ‘‘(3) REQUIREMENTS.—The Great Lakes Co21 ordination Office shall— 

22 ‘‘(A) ensure that information acquired 

23 under this Act is made available to the public; 

24 and 


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1 ‘‘(B) report to the Director of Region 3, 

2 Great Lakes Big Rivers.’’; 

3 (2) in subsection (b)— 

4 (A) in the first sentence, by striking ‘‘The 

5 Director’’ and inserting the following: 

6 ‘‘(1) IN GENERAL.—The Director’’;. 

7 (B) in the second sentence, by striking 

8 ‘‘The office’’ and inserting the following: 

9 ‘‘(2) NAME AND LOCATION.—The office’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(3) RESPONSIBILITIES.—The responsibilities 

12 of the Lower Great Lakes Fishery Resources Office 

13 shall include operational activities of the United 

14 States Fish and Wildlife Service related to fishery 

15 resource protection, restoration, maintenance, and 

16 enhancement in the Lower Great Lakes.’’; and 

17 (3) in subsection (c)— 

18 (A) in the first sentence, by striking ‘‘The 

19 Director’’ and inserting the following: 

20 ‘‘(1) IN GENERAL.—The Director’’;. 

21 (B) in the second sentence, by striking 

22 ‘‘The office’’ and inserting the following: 

23 ‘‘(2) NAME AND LOCATION.—The office’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(3) RESPONSIBILITIES.—The responsibilities 

2 of the Upper Great Lakes Fishery Resources Offices 

3 shall include operational activities of the United 

4 States Fish and Wildlife Service related to fishery 

5 resource protection, restoration, maintenance, and 

6 enhancement in the Upper Great Lakes.’’. 

7 SEC. 205. REPORTS. 

8 Section 1008 of the Great Lakes Fish and Wildlife 

9 Restoration Act of 1990 (16 U.S.C. 941f) is amended to 

10 read as follows: 

11 ‘‘SEC. 1008. REPORTS. 

12 ‘‘(a) IN GENERAL.—Not later than December 31, 

13 2011, the Director shall submit to the Committee on Re14 sources of the House of Representatives and the Com15 mittee on Environment and Public Works of the Senate 

16 a report that describes— 

17 ‘‘(1) actions taken to solicit and review pro18 posals under section 1005; 

19 ‘‘(2) the results of proposals implemented under 

20 section 1005; and 

21 ‘‘(3) progress toward the accomplishment of the 

22 goals specified in section 1006. 

23 ‘‘(b) ANNUAL REPORTS.—Not later than December 

24 31 of each of fiscal years 2007 through 2012, the Director 


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1 shall submit to the 8 Great Lakes States and Indian 

2 Tribes a report that describes— 

3 ‘‘(1) actions taken to solicit and review pro4 posals under section 1005; 

5 ‘‘(2) the results of proposals implemented under 

6 section 1005; 

7 ‘‘(3) progress toward the accomplishment of the 

8 goals specified in section 1006; 

9 ‘‘(4) the priorities proposed for funding in the 

10 annual budget process under this title; and 

11 ‘‘(5) actions taken in support of the rec12 ommendations of the Great Lakes Regional Collabo13 ration authorized under Executive Order 13340 (69 

14 Fed. Reg. 29043; relating to the Great Lakes Inter15 agency Task Force). 

16 ‘‘(c) STUDY.— 

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

18 16, 2009, the Director, in consultation with State 

19 fish and wildlife resource management agencies, In20 dian Tribes, and the Great Lakes Fishery Commis21 sion, shall— 

22 ‘‘(A) conduct a comprehensive study of the 

23 status, and the assessment, management, and 

24 restoration needs, of the fish and wildlife re25 sources of the Great Lakes Basin, including a 


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1 comprehensive review of the accomplishments 

2 that have been achieved under this title through 

3 fiscal year 2008; and 

4 ‘‘(B) submit to the President of the Senate 

5 and the Speaker of the House of Representa6 tives— 

7 ‘‘(i) the study described in subpara8 graph (A); and 

9 ‘‘(ii) a comprehensive report on the 

10 findings of the study. 

11 ‘‘(d) REPORT.—Not later than June 30, 2006, the 

12 Director shall submit to the Committee on Energy and 

13 Natural Resources of the Senate and the Committee on 

14 Resources of the House of Representatives the 2002 re15 port required under this section as in effect on the day 

16 before the date of enactment of the Great Lakes Fish and 

17 Wildlife Restoration Act of 2006.’’. 

18 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 1009 of the Great Lakes Fish and Wildlife 

20 Restoration Act of 1990 (16 U.S.C. 941g) is amended to 

21 read as follows: 

22 ‘‘SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to the Di24 rector for each of fiscal years 2007 through 2012— 

25 ‘‘(1) $12,000,000, of which— 


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1 ‘‘(A) $11,400,000 shall be allocated to im2 plement fish and wildlife restoration proposals 

3 as selected by the Director under section 

4 1005(e); and 

5 ‘‘(B) the lesser of 5 percent or $600,000 

6 shall be allocated to the United States Fish and 

7 Wildlife Service to cover costs incurred in ad8 ministering the proposals by any entity; 

9 ‘‘(2) $6,000,000, which shall be allocated to im10 plement regional projects by the United States Fish 

11 and Wildlife Service, as selected by the Director 

12 under section 1005(e); and 

13 ‘‘(3) $2,000,000, which shall be allocated for 

14 the activities of the Great Lake Coordination Office 

15 in East Lansing, Michigan, of the Upper Great 

16 Lakes Fishery Resources Office, and the Lower 

17 Great Lakes Fishery Resources Office under section 

18 1007.’’. 

19 TITLE III—COASTAL HEALTH 

20 SEC. 301. TECHNICAL ASSISTANCE. 

21 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

22 TREATMENT WORKS.—Section 104(b) of the Federal 

23 Water Pollution Control Act (33 U.S.C. 1254(b)) is 

24 amended— 


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1 (1) by redesignating paragraphs (1) through 

2 (7) as subparagraphs (A) through (G), respectively, 

3 and indenting the subparagraphs appropriately; 

4 (2) by striking ‘‘(b) In carrying out’’ and in5 serting the following: 

6 ‘‘(b) AUTHORIZED ACTIVITIES.— 

7 ‘‘(1) IN GENERAL.—In carrying out’’; 

8 (3) in paragraph (1) (as designated by para9 graph (2))— 

10 (A) by striking ‘‘paragraph (1) of sub11 section (a)’’ each place it appears and inserting 

12 ‘‘subsection (a)(1)’’; 

13 (B) in subparagraph (C) (as redesignated 

14 by paragraph (1)), by striking ‘‘of this section’’; 

15 (C) in subparagraph (F) (as redesignated 

16 by paragraph (1)), by striking ‘‘thereof; and’’ 

17 and inserting ‘‘of the effects;’’; 

18 (D) in subparagraph (G) (as redesignated 

19 by paragraph (1)), by striking the period at the 

20 end and inserting ‘‘; and’’; and 

21 (E) by adding at the end the following: 

22 ‘‘(H) make grants to nonprofit organiza23 tions— 

24 ‘‘(i) to provide technical assistance to 

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1 pose of assisting, in consultation with the 

2 State in which the assistance is provided, 

3 the municipalities in the planning, develop4 ment, and acquisition of financing for 

5 wastewater infrastructure assistance; 

6 ‘‘(ii) to capitalize revolving loan funds 

7 for the purpose of providing loans, in con8 sultation with the State in which the as9 sistance is provided and in accordance with 

10 paragraph (2), to rural and small munici11 palities for— 

12 ‘‘(I) predevelopment costs associ13 ated with wastewater infrastructure 

14 projects; and 

15 ‘‘(II) short-term costs incurred 

16 for the replacement of equipment that 

17 is not part of a regular operation or 

18 maintenance activity for an existing 

19 wastewater system; 

20 ‘‘(iii) to provide technical assistance 

21 and training for rural and small publicly22 owned treatment works and decentralized 

23 wastewater treatment systems to enable 

24 the treatment works and systems to— 

25 ‘‘(I) protect water quality; and 


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1 ‘‘(II) achieve and maintain com2 pliance with the requirements of this 

3 Act; and 

4 ‘‘(iv) to disseminate information to 

5 rural and small municipalities and munici6 palities that meet the affordability criteria 

7 established by the State in which the mu8 nicipality is located under section 603(i)(2) 

9 with respect to planning, design, construc10 tion, and operation of publicly-owned treat11 ment works and decentralized wastewater 

12 treatment systems.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(2) LOAN CONDITIONS.— 

15 ‘‘(A) IN GENERAL.—A loan provided under 

16 paragraph (1)(H)(ii) shall— 

17 ‘‘(i) be provided at a below-market in18 terest rate; 

19 ‘‘(ii) be provided in an amount not to 

20 exceed $100,000; and 

21 ‘‘(iii) extend for a term of not more 

22 than 10 years. 

23 ‘‘(B) REPAYMENT.—Repayment of a loan 

24 provided under paragraph (1)(H)(ii) shall be 

25 credited to the water pollution control revolving 


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1 loan fund of the appropriate State under sec2 tion 603.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 104(u) of the Federal Water Pollution Control Act (33 

5 U.S.C. 1254(u)) is amended— 

6 (1) by striking ‘‘(u) There is authorized to be 

7 appropriated (1) not’’ and inserting the following: 

8 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated— 

10 ‘‘(1) not’’; 

11 (2) in paragraph (1), by striking ‘‘provisions; 

12 (2) not’’ and inserting the following: 

13 ‘‘provisions; 

14 ‘‘(2) not’’; 

15 (3) in paragraph (2), by striking ‘‘subsection 

16 (g)(1); (3) not’’ and inserting the following: 

17 ‘‘subsection (g)(1); 

18 ‘‘(3) not’’; 

19 (4) in paragraph (3), by striking ‘‘subsection 

20 (g)(2); (4) not’’ and inserting the following: 

21 ‘‘subsection (g)(2); 

22 ‘‘(4) not’’; 

23 (5) in paragraph (4), by striking ‘‘subsection 

24 (p); (5) not’’ and inserting the following: 

25 ‘‘subsection (p); 


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1 ‘‘(5) not’’; 

2 (6) in paragraph (5), by striking ‘‘subsection 

3 (r); and (6) not’’ and inserting the following: 

4 ‘‘subsection (r); 

5 ‘‘(6) not’’; 

6 (7) in paragraph (6), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (8) by adding at the end the following: 

9 ‘‘(7) for each of fiscal years 2007 through 

10 2011, not more than $75,000,000 to carry out sub11 paragraphs (C) and (H) of subsection (b)(1), of 

12 which, during any fiscal year— 

13 ‘‘(A) not less than 20 percent shall be used 

14 to carry out subsection (b)(1)(H); and 

‘‘(B) not more than 1 15 ⁄3 of the amount used 

16 under subparagraph (A) shall be used to carry 

17 out subsection (b)(1)(H)(ii).’’. 

18 (c) COMPETITIVE PROCEDURES FOR AWARDING

19 GRANTS.—Section 104 of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1254) is amended by adding at 

21 the end the following: 

22 ‘‘(w) COMPETITIVE PROCEDURES FOR AWARDING

23 GRANTS.—The Administrator shall establish procedures 

24 that promote competition and openness, to the maximum 

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1 vate agencies, institutions, and organizations under this 

2 section.’’. 

3 SEC. 302. SEWER OVERFLOW CONTROL GRANTS. 

4 Section 221 of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1301) is amended by striking subsection 

6 (c) and inserting the following: 

7 ‘‘(c) DEFINITION OF FINANCIALLY DISTRESSED

8 COMMUNITY.—A financially distressed community re9 ferred to in subsection (b) is a community that meets the 

10 affordability criteria established by the State in which the 

11 community is located under section 603(i)(2).’’. 

12 SEC. 303. WATER POLLUTION CONTROL REVOLVING LOAN 

13 FUNDS. 

14 (a) EXTENDED PAYMENT PERIOD.—Section 

15 603(d)(1) of the Federal Water Pollution Control Act (33 

16 U.S.C. 1383(d)(1)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘20 

18 years;’’ and inserting the following: 

19 ‘‘the lesser of— 

20 ‘‘(i) the design life of the project to be 

21 financed using the proceeds of the loan; or 

22 ‘‘(ii) 30 years;’’; and 

23 (2) in subparagraph (B), by striking ‘‘not later 

24 than 20 years after project completion’’ and insert25 ing ‘‘on the expiration of the term of the loan’’. 


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1 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

2 SMALL SYSTEMS.—Section 603(d) of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1383(d)) is amended— 

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

5 end; 

6 (2) in paragraph (7), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(8) with respect to municipalities and inter10 municipal, interstate, and State agencies seeking as11 sistance under this title that serve a population of 

12 20,000 or fewer, to provide to owners and operators 

13 of small treatment works, in an amount not to ex14 ceed 2 percent of the amount of total grant awards 

15 made under this title— 

16 ‘‘(A) technical and planning assistance; 

17 and 

18 ‘‘(B) assistance relating to— 

19 ‘‘(i) financial management; 

20 ‘‘(ii) user fee analysis; 

21 ‘‘(iii) budgeting; 

22 ‘‘(iv) capital improvement planning; 

23 ‘‘(v) facility operation and mainte24 nance; 

25 ‘‘(vi) repair schedules; and 


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1 ‘‘(vii) other activities to improve 

2 wastewater treatment plant management 

3 and operations.’’. 

4 (c) ADDITIONAL SUBSIDIZATION.—Section 603 of the 

5 Federal Water Pollution Control Act (33 U.S.C. 1383) is 

6 amended by adding at the end the following: 

7 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

8 ‘‘(1) IN GENERAL.—In any case in which a 

9 State provides assistance to a municipality or an 

10 intermunicipal, interstate, or State agency under 

11 subsection (d), the State may provide additional sub12 sidization, including forgiveness of principal and 

13 negative interest loans— 

14 ‘‘(A) to benefit a municipality that— 

15 ‘‘(i) meets the affordability criteria of 

16 the State established under paragraph (2); 

17 or 

18 ‘‘(ii) does not meet the criteria estab19 lished under paragraph (2), if the munici20 pality— 

21 ‘‘(I) seeks additional subsidiza22 tion to benefit individual ratepayers in 

23 the residential user rate class; 

24 ‘‘(II) demonstrates to the State 

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1 clause (I) will experience a significant 

2 hardship on the increase in rates re3 quired to finance the project or activ4 ity for which the assistance is sought; 

5 and 

6 ‘‘(III) ensures, as part of an 

7 agreement between the State and the 

8 recipient, that the additional sub9 sidization provided under this para10 graph will be directed to those rate11 payers through a user charge rate sys12 tem (or another appropriate method); 

13 and 

14 ‘‘(B) to implement alternative processes, 

15 materials, and techniques (including non16 structural protection of surface waters, new or 

17 improved methods of waste treatment, and pol18 lutant trading) that may result in cost savings 

19 or increased environmental benefit when com20 pared to standard processes, materials, and 

21 techniques. 

22 ‘‘(2) AFFORDABILITY CRITERIA.— 

23 ‘‘(A) ESTABLISHMENT.— 

24 ‘‘(i) IN GENERAL.—Not later than 

25 September 30, 2006, after providing notice 


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1 and an opportunity for public comment, a 

2 State shall establish affordability criteria 

3 to assist the State in identifying munici4 palities that would experience a significant 

5 hardship on the increase in rates required 

6 to finance a project or activity that is eligi7 ble for assistance under subsection (c)(1) if 

8 additional subsidization under paragraph 

9 (1) is not provided. 

10 ‘‘(ii) FACTORS FOR CONSIDER11 ATION.—In establishing criteria under 

12 clause (i), a State shall take into consider13 ation— 

14 ‘‘(I) income data; 

15 ‘‘(II) population trends; and 

16 ‘‘(III) any other data the State 

17 determines to be relevant. 

18 ‘‘(B) EXISTING CRITERIA.—If a State has 

19 established, after providing notice and an op20 portunity for public comment, criteria in ac21 cordance with subparagraph (A) before the date 

22 of enactment of this subsection, the criteria 

23 shall be considered to be affordability criteria 

24 established under that subparagraph. 


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1 ‘‘(C) INFORMATION TO ASSIST STATES.— 

2 The Administrator may publish information to 

3 assist States in establishing affordability cri4 teria under subparagraph (A). 

5 ‘‘(3) PRIORITY.—In providing assistance under 

6 this subsection, a State may give priority to any 

7 owner or operator of a project or activity that— 

8 ‘‘(A) is eligible to receive funding under 

9 subsection (c)(1); and 

10 ‘‘(B) is located in a municipality that 

11 meets the affordability criteria established 

12 under paragraph (2). 

13 ‘‘(4) SET-ASIDE.— 

14 ‘‘(A) IN GENERAL.—For any fiscal year 

15 during which more than $1,400,000,000 is 

16 made available to the Administrator to carry 

17 out this title, a State shall provide additional 

18 subsidization under this subsection in the 

19 amount described in subparagraph (B) to enti20 ties described in paragraph (1) for projects and 

21 activities identified in the intended use plan of 

22 the State under section 606(c) on receipt of an 

23 application for additional subsidization. 


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1 ‘‘(B) AMOUNT.—The amount referred to in 

2 subparagraph (A) is an amount not less than 

3 25 percent of the difference between— 

4 ‘‘(i) the total amount that would have 

5 been allotted to the State under section 

6 604 during the appropriate fiscal year, if 

7 the amount made available to the Adminis8 trator to carry out this title during that 

9 fiscal year was equal to $1,400,000,000; 

10 and 

11 ‘‘(ii) the total amount allotted to the 

12 State under section 604 for that fiscal 

13 year. 

14 ‘‘(5) LIMITATION.—The total amount of addi15 tional subsidization provided by a State under this 

16 subsection shall not exceed 30 percent of the total 

17 amount of capitalization grants received by the State 

18 under this title for fiscal years beginning after Sep19 tember 30, 2006.’’. 

20 SEC. 304. ALLOTMENT OF FUNDS. 

21 (a) IN GENERAL.—Section 604 of the Federal Water 

22 Pollution Control Act (33 U.S.C. 1384) is amended by 

23 striking subsection (a) and inserting the following: 

24 ‘‘(a) ALLOTMENTS.— 


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1 ‘‘(1) FISCAL YEARS 2007 AND 2008.—Amounts 

2 made available to carry out this title for fiscal years 

3 2007 and 2008 shall be allotted by the Adminis4 trator in accordance with the formula used to cal5 culate allotments for fiscal year 2006. 

6 ‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.— 

7 Amounts made available to carry out this title for 

8 fiscal year 2009 and each fiscal year thereafter shall 

9 be allotted by the Administrator during each fiscal 

10 year— 

11 ‘‘(A) for amounts up to $1,350,000,000, in 

12 accordance with the formula used to calculate 

13 allotments for fiscal year 2006; and 

14 ‘‘(B) for any amount in excess of 

15 $1,350,000,000, in accordance with the formula 

16 developed by the Administrator under sub17 section (d).’’. 

18 (b) PLANNING ASSISTANCE.—Section 604(b) of the 

19 Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 

20 is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per21 cent’’. 

22 (c) FORMULA.—Section 604 of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1384) is amended by 

24 adding at the end the following: 


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1 ‘‘(d) FORMULA BASED ON WATER QUALITY

2 NEEDS.—Not later than September 30, 2006, after pro3 viding notice and an opportunity for public comment, the 

4 Administrator shall publish an allotment formula for pur5 poses of subsection (a)(2)(B) based on water quality 

6 needs, to be determined by the Administrator in accord7 ance with the most recent survey of needs developed by 

8 the Administrator under section 516.’’. 

9 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 607 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1387) is amended to read as follows: 

12 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 this title— 

15 ‘‘(1) $2,000,000,000 for fiscal year 2007; 

16 ‘‘(2) $3,000,000,000 for fiscal year 2008; 

17 ‘‘(3) $4,000,000,000 for fiscal year 2009; 

18 ‘‘(4) $5,000,000,000 for fiscal year 2010; and 

19 ‘‘(5) $6,000,000,000 for fiscal year 2011.’’. 

20 TITLE IV—AREAS OF CONCERN 

21 SEC. 401. GREAT LAKES. 

22 (a) REMEDIATION OF SEDIMENT CONTAMINATION IN

23 AREAS OF CONCERN.—Section 118(c)(12)(H) of the Fed24 eral Water Pollution Control Act (33 U.S.C. 


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1 1268(c)(12)(H)) is amended by striking clause (i) and in2 serting the following: 

3 ‘‘(i) IN GENERAL.—In addition to 

4 other amounts authorized to be appro5 priated to carry out this section, there is 

6 authorized to be appropriated to carry out 

7 this paragraph $150,000,000 for each of 

8 fiscal years 2007 through 2012.’’. 

9 (b) NON-FEDERAL SHARE.—Section 118(c)(12) of 

10 the Federal Water Pollution Control Act (33 U.S.C. 

11 1268(c)(12)) is amended— 

12 (1) in subparagraph (E), by adding at the end 

13 the following: 

14 ‘‘(v) PAYMENT AND RETENTION OF

15 NON-FEDERAL SHARE.—The non-Federal 

16 sponsor for a project under this paragraph 

17 may pay to the Administrator, for reten18 tion and use by the Administrator in car19 rying out the project, the non-Federal 

20 share of the cost of the project.’’; 

21 (2) by redesignating subparagraph (H) (as 

22 amended by subsection (a)) as subparagraph (I); 

23 and 

24 (3) by inserting after subparagraph (G) the fol25 lowing: 


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1 ‘‘(H) ADVANCE PAYMENT AND REIM2 BURSEMENT OF COSTS.—The Administrator, 

3 acting through the Program Office, may enter 

4 into an agreement with a non-Federal sponsor 

5 to carry out a project under this paragraph 

6 under which the non-Federal sponsor may, as 

7 appropriate— 

8 ‘‘(i) pay in advance the non-Federal 

9 share of the cost of the project; and 

10 ‘‘(ii) receive from the Administrator 

11 reimbursement for amounts (other than 

12 the non-Federal share) expended by the 

13 non-Federal sponsor for the project.’’. 

14 TITLE V—CLEAN WATER 

15 AUTHORITY 

16 SEC. 501. DEFINITION OF WATERS OF THE UNITED STATES. 

17 Section 502 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1362) is amended— 

19 (1) by striking paragraph (7); 

20 (2) by redesignating paragraphs (8) through 

21 (23) as paragraphs (7) through (22), respectively; 

22 and 

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

24 ‘‘(23) WATERS OF THE UNITED STATES.—The 

25 term ‘waters of the United States’ means all waters 


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1 subject to the ebb and flow of the tide, the territorial 

2 seas, and all interstate and intrastate waters and 

3 their tributaries, including lakes, rivers, streams (in4 cluding intermittent streams), mudflats, sandflats, 

5 wetlands, sloughs, prairie potholes, wet meadows, 

6 playa lakes, natural ponds, and all impoundments of 

7 the foregoing, to the fullest extent that these waters, 

8 or activities affecting these waters, are subject to the 

9 legislative power of Congress under the Constitu10 tion.’’. 

11 SEC. 502. CONFORMING AMENDMENTS. 

12 The Federal Water Pollution Control Act (33 U.S.C. 

13 1251 et seq.) is amended— 

14 (1) by striking ‘‘navigable waters of the United 

15 States’’ each place it appears and inserting ‘‘waters 

16 of the United States’’; 

17 (2) in section 304(l)(1) by striking ‘‘NAVIGABLE

18 WATERS’’ in the heading and inserting ‘‘WATERS OF

19 THE UNITED STATES’’; and 

20 (3) by striking ‘‘navigable waters’’ each place it 

21 appears and inserting ‘‘waters of the United 

22 States’’. 


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1 TITLE VI—TOXIC SUBSTANCES 

2 SEC. 601. MERCURY REDUCTION GRANTS. 

3 Section 118(c) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

5 end the following: 

6 ‘‘(14) MERCURY REDUCTION GRANTS.— 

7 ‘‘(A) IN GENERAL.—The Program Office 

8 shall provide grants to Great Lakes States and 

9 Indian tribes in Great Lakes States to carry 

10 out projects to reduce the quantity of mercury 

11 in the Great Lakes. 

12 ‘‘(B) APPLICATION.—Each Great Lake 

13 State or Indian tribe that seeks a grant under 

14 this paragraph shall submit an application to 

15 the Program Office at such time, in such man16 ner, and accompanied by or containing any in17 formation that the Program Office may require. 

18 ‘‘(C) AUTHORIZATION OF APPROPRIA19 TIONS.—There is authorized to be appropriated 

20 to carry out this paragraph $10,000,000 for 

21 each of fiscal years 2007 through 2011.’’. 


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1 TITLE VII—INDICATORS AND 

2 INFORMATION 

3 Subtitle A—Research Program 

4 SEC. 701. RESEARCH REAUTHORIZATIONS. 

5 Section 118 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1268) is amended by striking subsection 

7 (e) and inserting the following: 

8 ‘‘(e) RESEARCH AND MANAGEMENT COORDINA9 TION.— 

10 ‘‘(1) JOINT PLAN.— 

11 ‘‘(A) IN GENERAL.—Not later than Sep12 tember 30 of each year, the Program Office, 

13 the Research Office, and the Great Lakes 

14 Science Center shall prepare and submit to the 

15 Executive Committee of the Regional Collabora16 tion a joint research plan for the fiscal year 

17 that begins in the following calendar year. 

18 ‘‘(B) SUBMISSION TO CONGRESS.—The 

19 President shall include the plan described in 

20 subparagraph (A) in the annual budget of the 

21 United States Government submitted to Con22 gress by the President. 

23 ‘‘(2) CONTENTS OF PLAN.—Each plan prepared 

24 under paragraph (1) shall— 


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1 ‘‘(A) identify all proposed research dedi2 cated to activities carried out under the Great 

3 Lakes Water Quality Agreement and any other 

4 applicable agreements and amendments; 

5 ‘‘(B) include the assessment of the Re6 gional Collaboration of priorities for research 

7 needed to fulfill the terms of those agreements; 

8 and 

9 ‘‘(C) identify all proposed research that 

10 may be used to develop a comprehensive envi11 ronmental database for the Great Lakes System 

12 and establish priorities for development of the 

13 database.’’. 

14 SEC. 702. GREAT LAKES SCIENCE CENTER. 

15 There is authorized to be appropriated to the Direc16 tor of the United States Geological Survey, for use by the 

17 Great Lakes Science Center, to carry out research activi18 ties that advance scientific knowledge and provide sci19 entific information for restoring, enhancing, managing, 

20 and protecting the living marine resources and habitats 

21 in the Great Lakes basin ecosystem $25,000,000 for each 

22 of fiscal years 2007 through 2011. 


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1 SEC. 703. GREAT LAKES ENVIRONMENTAL RESEARCH LAB2 ORATORY. 

3 (a) GRANTS.—Section 118(d)(6) of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1268(d)(6)) is 

5 amended— 

6 (1) striking ‘‘The Research Office’’ and insert7 ing the following: 

8 ‘‘(A) IN GENERAL.—The Research Office’’; 

9 and 

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

11 ‘‘(B) GRANTS.—The National Oceanic and 

12 Atmospheric Administration shall administer, 

13 through its Center for Sponsored Coastal Ocean 

14 Research, a program to award grants to aca15 demic institutions, State agencies, and other 

16 appropriate groups. The program required 

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

19 (b) AUTHORIZATIONS OF APPROPRIATIONS.—Section 

20 118 of the Federal Water Pollution Control Act (33 

21 U.S.C. 1268) is amended by striking subsection (h) and 

22 inserting the following: 

23 ‘‘(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to carry out this section 

25 $80,000,000 for each of fiscal years 2007 through 2011, 

26 of which, for each fiscal year— 


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1 ‘‘(1) $40,000,000 shall be made available to the 

2 Program Office; and 

3 ‘‘(2) $40,000,000 shall be made available to the 

4 Great Lakes Environmental Research Laboratory of 

5 which not less than $15,000,000 shall be used for 

6 extramural research grants under subsection 

7 (d)(6)(B).’’. 

8 Subtitle B—Ocean and Coastal 

9 Observation System 

10 SEC. 711. DEFINITIONS. 

11 In this Act: 

12 (1) COUNCIL.—The term ‘‘Council’’ means the 

13 National Ocean Research Leadership Council. 

14 (2) GREAT LAKE.—The term ‘‘Great Lake’’ 

15 means— 

16 (A) Lake Erie; 

17 (B) Lake Huron (including Lake Saint 

18 Clair); 

19 (C) Lake Michigan; 

20 (D) Lake Ontario; 

21 (E) Lake Superior; and 

22 (F) the connecting channels of those 

23 Lakes, including— 

24 (i) the Saint Marys River; 

25 (ii) the Saint Clair River; 


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1 (iii) the Detroit River; 

2 (iv) the Niagara River; and 

3 (v) the Saint Lawrence River to the 

4 Canadian border. 

5 (3) OBSERVING SYSTEM.—The term ‘‘observing 

6 system’’ means the integrated coastal, ocean, and 

7 Great Lakes observing system to be established by 

8 the Committee under section 712(a). 

9 (4) INTERAGENCY PROGRAM OFFICE.—The 

10 term ‘‘interagency program office’’ means the office 

11 established under section 712(d). 

12 SEC. 712. INTEGRATED OCEAN AND COASTAL OBSERVING 

13 SYSTEM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—The President, acting 

16 through the Council, shall establish and maintain an 

17 integrated system of ocean and coastal observations, 

18 data communication and management, analysis, 

19 modeling, research, education, and outreach de20 signed to provide data and information for the time21 ly detection and prediction of changes occurring in 

22 the ocean, coastal, and Great Lakes environment 

23 that impact the social, economic, and ecological sys24 tems of the United States. 


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1 (2) PURPOSES.—The observing system shall 

2 provide for long-term, continuous, and quality-con3 trolled observations of the coasts, oceans, and Great 

4 Lakes so as to— 

5 (A) improve the health of the coasts, 

6 oceans, and Great Lakes of the United States; 

7 (B) protect human lives and livelihoods 

8 from hazards, including tsunamis, hurricanes, 

9 coastal erosion, and fluctuating Great Lakes 

10 water levels; 

11 (C) understand the effects of human activi12 ties and natural variability on the state of the 

13 coasts, oceans, and Great Lakes and the socio14 economic well-being of the United States; 

15 (D) provide for the sustainable use, protec16 tion, and enjoyment of ocean, coastal, and 

17 Great Lakes resources; 

18 (E) provide information that can support 

19 the eventual implementation and refinement of 

20 ecosystem-based management; 

21 (F) supply critical information to marine22 related businesses, including aquaculture and 

23 fisheries; and 

24 (G) support research and development to— 


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1 (i) ensure continuous improvement to 

2 ocean, coastal, and Great Lakes observa3 tion measurements; and 

4 (ii) enhance understanding of the 

5 ocean, coastal, and Great Lakes resources 

6 of the United States. 

7 (b) SYSTEM ELEMENTS.—To carry out the purposes 

8 of this subtitle, the observing system shall consist of— 

9 (1) a national program to fulfill national obser10 vation priorities, including the ocean contribution of 

11 the United States to the Global Earth Observation 

12 System of Systems and the Global Ocean Observing 

13 System; 

14 (2) a network of regional associations to man15 age the regional ocean and coastal observing and in16 formation programs that collect, measure, and dis17 seminate data and information products to meet re18 gional needs; 

19 (3) a data management and dissemination sys20 tem for the timely integration and dissemination of 

21 data and information products from the national 

22 and regional systems; 

23 (4) a research and development program con24 ducted under the guidance of the Council; and 


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1 (5) an outreach, education, and training pro2 gram that augments existing programs, including 

3 the National Sea Grant College Program, the Cen4 ters for Ocean Sciences Education Excellence pro5 gram, and the National Estuarine Research Reserve 

6 System, to ensure the use of the data and informa7 tion for— 

8 (A) improving public education and aware9 ness of the oceans of the United States; and 

10 (B) building the technical expertise re11 quired to operate and improve the observing 

12 system. 

13 (c) COUNCIL FUNCTIONS.—In carrying out this sec14 tion, the Council shall— 

15 (1) serve as the oversight body for the design 

16 and implementation of all aspects of the observing 

17 system; 

18 (2) adopt plans, budgets, and standards that 

19 are developed and maintained by the interagency 

20 program office in consultation with the regional as21 sociations; 

22 (3) coordinate the observing system with other 

23 earth observing activities, including the Global 

24 Ocean Observing System and the Global Earth Ob25 serving System of Systems; 


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1 (4) coordinate and administer programs of re2 search, development, education, and outreach to— 

3 (A) support improvements to, and the op4 eration of, an integrated ocean and coastal ob5 serving system; and 

6 (B) advance the understanding of the 

7 oceans; 

8 (5) establish pilot projects to develop technology 

9 and methods for advancing the development of the 

10 observing system; 

11 (6) provide, as appropriate, support for and 

12 representation on United States delegations to inter13 national meetings on ocean and coastal observing 

14 programs; and 

15 (7) in consultation with the Secretary of State, 

16 coordinate relevant Federal activities with those of 

17 other nations. 

18 (d) INTERAGENCY PROGRAM OFFICE.— 

19 (1) IN GENERAL.—The Council shall establish 

20 an interagency program office to be known as ‘‘Oce21 anUS’’. 

22 (2) RESPONSIBILITIES.—The interagency pro23 gram office shall be responsible for program plan24 ning and coordination of the observing system. 


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1 (3) REQUIREMENTS.—The interagency program 

2 office shall— 

3 (A) prepare annual and long-term plans 

4 for consideration by the Council for the design 

5 and implementation of the observing system 

6 that promote collaboration among Federal 

7 agencies and regional associations in developing 

8 the global and national observing systems, in9 cluding identification and refinement of a core 

10 set of variables to be measured by all systems; 

11 (B) coordinate the development of agency 

12 priorities and budgets for implementation of the 

13 observing system, including budgets for the re14 gional associations; 

15 (C) establish and refine standards and pro16 tocols for data management and communica17 tions, including quality standards, in consulta18 tion with participating Federal agencies and re19 gional associations; 

20 (D) develop a process for the certification 

21 and periodic review and recertification of the re22 gional associations; 

23 (E) establish an external technical com24 mittee to provide biennial review of the observ25 ing system; and 


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1 (F) provide for opportunities to partner or 

2 contract with private sector companies in de3 ploying ocean observation system elements. 

4 (e) LEAD FEDERAL AGENCY.— 

5 (1) IN GENERAL.—The National Oceanic and 

6 Atmospheric Administration shall be the lead Fed7 eral agency for implementation and operation of the 

8 observing system. 

9 (2) REQUIREMENTS.—Based on the plans pre10 pared by the interagency program office and adopted 

11 by the Council, the Administrator of the National 

12 Oceanic and Atmospheric Administration shall— 

13 (A) coordinate implementation, operation, 

14 and improvement of the observing system; 

15 (B) establish efficient and effective admin16 istrative procedures for allocation of funds 

17 among Federal agencies and regional associa18 tions in a timely manner and according to the 

19 budget adopted by the Council; 

20 (C) implement and maintain appropriate 

21 elements of the observing system; 

22 (D) provide for the migration of scientific 

23 and technological advances from research and 

24 development to operational deployment; 


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1 (E) integrate and extend existing programs 

2 and pilot projects into the operational observa3 tion system; 

4 (F) certify regional associations that meet 

5 the requirements of subsection (f); and 

6 (G) integrate the capabilities of the Na7 tional Coastal Data Development Center and 

8 the Coastal Services Center of the National 

9 Oceanic and Atmospheric Administration, and 

10 other appropriate centers, into the observing 

11 system to assimilate, manage, disseminate, and 

12 archive data from regional observation systems 

13 and other observation systems. 

14 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST15 AL OBSERVING SYSTEMS.— 

16 (1) IN GENERAL.—The Administrator of the 

17 National Oceanic and Atmospheric Administration 

18 may certify 1 or more regional associations to be re19 sponsible for the development and operation of re20 gional ocean and coastal observing systems to meet 

21 the information needs of user groups in the region 

22 while adhering to national standards. 

23 (2) REQUIREMENTS.—To be certifiable by the 

24 Administrator, a regional association shall— 


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1 (A) demonstrate an organizational struc2 ture capable of supporting and integrating all 

3 aspects of ocean and coastal observing and in4 formation programs within a region; 

5 (B) operate under a strategic operations 

6 and business plan that details the operation and 

7 support of regional ocean and coastal observing 

8 systems in accordance with the standards estab9 lished by the Council; 

10 (C) provide information products for mul11 tiple users in the region; 

12 (D) work with governmental entities and 

13 programs at all levels within the region to pro14 vide timely warnings and outreach to protect 

15 the public; and 

16 (E) meet certification standards developed 

17 by the interagency program office in conjunc18 tion with the regional associations and approved 

19 by the Council. 

20 (g) PROHIBITION ON LOBBYING.—Nothing in this 

21 Act authorizes a regional association to engage in lobbying 

22 activities (as defined in section 3 of the Lobbying Disclo23 sure Act of 1995 (2 U.S.C. 1602)). 

24 (h) CIVIL LIABILITY.—For purposes of section 

25 1346(b)(1) and chapter 171 of title 28, United States 


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1 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

2 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

3 et seq.)— 

4 (1) any regional ocean and coastal observing 

5 system that is a designated part of a regional asso6 ciation certified under this section shall, in carrying 

7 out the purposes of this Act, be considered to be 

8 part of the National Oceanic and Atmospheric Ad9 ministration; and 

10 (2) any employee of that system, while acting 

11 within the scope of the employment of the employee, 

12 carrying out those purposes, shall be considered to 

13 be an employee of the Government. 

14 SEC. 713. RESEARCH, DEVELOPMENT, AND EDUCATION. 

15 The Council shall establish programs for research, 

16 development, education, and outreach for the ocean and 

17 coastal observing system, including projects under the Na18 tional Oceanographic Partnership Program, consisting 

19 of— 

20 (1) basic research to advance knowledge of 

21 ocean and coastal systems and ensure continued im22 provement of operational products, including related 

23 infrastructure and observing technology; 


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1 (2) focused research projects to improve under2 standing of the relationship between the coasts and 

3 oceans and human activities; 

4 (3) large-scale computing resources and re5 search to advance modeling of ocean and coastal 

6 processes; and 

7 (4) a coordinated effort to build public edu8 cation and awareness of the ocean and coastal envi9 ronment and functions that integrates ongoing ac10 tivities, including the National Sea Grant College 

11 Program, the Centers for Ocean Sciences Education 

12 Excellence, and the National Estuarine Research 

13 Reserve System. 

14 SEC. 714. INTERAGENCY FINANCING. 

15 (a) IN GENERAL.—The departments and agencies 

16 represented on the Council may participate in interagency 

17 financing and share, transfer, receive, obligate, and ex18 pend funds appropriated to any member of the Council 

19 to carry out any administrative or programmatic project 

20 or activity under this Act or under the National Oceano21 graphic Partnership Program, including support for the 

22 interagency program office, a common infrastructure, and 

23 system integration for a ocean and coastal observing sys24 tem. 


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1 (b) TRANSFER OF FUNDS.—Funds may be trans2 ferred among the departments and agencies described in 

3 subsection (a) through an appropriate instrument that 

4 specifies the goods, services, or space being acquired from 

5 another Council member and the costs of the same. 

6 SEC. 715. APPLICATION WITH OUTER CONTINENTAL SHELF 

7 LANDS ACT. 

8 Nothing in this Act supersedes, or limits the author9 ity of the Secretary of the Interior under, the Outer Conti10 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

11 SEC. 716. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated to the National Oceanic and Atmospheric Adminis14 tration to carry out the observing system under section 

15 712 and the research and development program under sec16 tion 713 (including financial assistance to the interagency 

17 program office, the regional associations for the implemen18 tation of regional ocean and coastal observing systems, 

19 and the departments and agencies represented on the 

20 Council) $150,000,000 for each of fiscal years 2007 

21 through 2011, to remain available until expended. 

22 (b) ALLOCATION OF FUNDS.—At least 50 percent of 

23 the funds appropriated to carry out the observing system 

24 under section 712 shall be allocated to the regional assoVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 ciations certified under section 712(f) to carry out regional 

2 ocean and coastal observing systems. 

3 SEC. 717. REPORTING REQUIREMENT. 

4 (a) IN GENERAL.—Not later than March 31, 2010, 

5 the President, acting through the Council, shall submit to 

6 Congress a report on the programs established under sec7 tions 712 and 713. 

8 (b) REQUIREMENTS.—The report shall include— 

9 (1) a description of activities carried out under 

10 the programs; 

11 (2) an evaluation of the effectiveness of the pro12 grams; and 

13 (3) recommendations concerning reauthoriza14 tion of the programs and funding levels for the pro15 grams in succeeding fiscal years. 

16 Subtitle C—Great Lakes Water 

17 Quality Indicators and Monitoring 

18 SEC. 721. GREAT LAKES WATER QUALITY INDICATORS AND 

19 MONITORING. 

20 Section 118(c)(1) of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1268(c)(1)) is amended by strik22 ing subparagraph (B) and inserting the following: 

23 ‘‘(B)(i) not later than 2 years after the 

24 date of enactment of this clause, in cooperation 

25 with Canada and appropriate Federal agencies 


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1 (including the United States Geological Survey, 

2 the National Oceanic and Atmospheric Admin3 istration, and the United States Fish and Wild4 life Service), develop and implement a set of 

5 science-based indicators of water quality and re6 lated environmental factors in the Great Lakes, 

7 including, at a minimum, measures of toxic pol8 lutants that have accumulated in the Great 

9 Lakes for a substantial period of time, as deter10 mined by the Program Office; 

11 ‘‘(ii) not later than 4 years after the date 

12 of enactment of this clause— 

13 ‘‘(I) establish a Federal network for 

14 the regular monitoring of, and collection of 

15 data throughout, the Great Lakes basin 

16 with respect to the indicators described in 

17 clause (i); and 

18 ‘‘(II) collect an initial set of bench19 mark data from the network; and 

20 ‘‘(iii) not later than 2 years after the date 

21 of collection of the data described in clause 

22 (ii)(II), and biennially thereafter, in addition to 

23 the report required under paragraph (10), sub24 mit to Congress, and make available to the pub25 lic, a report that— 


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1 ‘‘(I) describes the water quality and 

2 related environmental factors of the Great 

3 Lakes (including any changes in those fac4 tors), as determined through the regular 

5 monitoring of indicators under clause 

6 (ii)(I) for the period covered by the report; 

7 and 

8 ‘‘(II) identifies any emerging problems 

9 in the water quality or related environ10 mental factors of the Great Lakes;’’. 

11 TITLE VIII—SUSTAINABLE 

12 DEVELOPMENT 

13 SEC. 801. WATERFRONT RESTORATION AND REMEDIATION 

14 PROJECTS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) RELATED AREA.—The term ‘‘related area’’ 

17 means land— 

18 (A) located adjacent to, or in close prox19 imity of, a waterfront area; and 

20 (B) that impacts or influences a waterfront 

21 area or an aquatic habitat. 

22 (2) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Commerce, acting through the 

24 Under Secretary for Oceans and Atmosphere. 


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1 (3) WATERFRONT AREA.—The term ‘‘water2 front area’’ means a site located adjacent to a lake, 

3 river, stream, wetland, or floodplain of the United 

4 States. 

5 (b) APPLICATION.—An individual or entity that seeks 

6 to receive assistance under this section shall submit to the 

7 Secretary an application for the assistance in such form, 

8 by such time, and containing such information as the Sec9 retary may require. 

10 (c) JUSTIFICATION AND PURPOSE.— 

11 (1) JUSTIFICATION.—The Secretary may pro12 vide assistance to eligible recipients in financing a 

13 restoration or remediation project only if the Sec14 retary finds that the proposed project addresses con15 cerns relating to— 

16 (A) public health; 

17 (B) public safety; 

18 (C) environmental improvements; or 

19 (D) economic improvements. 

20 (2) PURPOSE.—An eligible recipient of assist21 ance may use assistance made available under this 

22 section to complete a restoration or remediation 

23 project for the purpose of— 

24 (A) improving the surrounding ecosystem; 

25 or 


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1 (B) preparing land for redevelopment by 

2 Federal, State, or local agencies, or private en3 tities. 

4 (d) COST SHARING.— 

5 (1) GENERAL ASSISTANCE.— 

6 (A) IN GENERAL.—Except as otherwise 

7 provided in this subsection, the Federal share of 

8 the cost of carrying out a restoration or remedi9 ation project under this section shall not exceed 

10 65 percent, as determined by the Secretary. 

11 (B) INNOVATIVE TECHNOLOGY.—The Fed12 eral share of the cost of carrying out a restora13 tion or remediation project under this section 

14 that involves conducting a pilot project to test 

15 a demonstration or innovative technology shall 

16 not exceed 85 percent, as determined by the 

17 Secretary. 

18 (2) OPERATION AND MAINTENANCE.—The non19 Federal share of operation and maintenance costs 

20 for a restoration or remediation project under this 

21 section shall be 100 percent. 

22 (3) CREDIT FOR WORK-IN-KIND CONSIDER23 ATIONS.—In determining the amount of a contribu24 tion made by a non-Federal interest under this sec25 tion, the non-Federal interest shall receive credit 


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1 equal to 100 percent of the value of any land, ease2 ments, rights-of-way, and relocations, and the rea3 sonable cost of services, studies, and supplies, con4 tributed toward the non-Federal share of project 

5 costs. 

6 (4) LIABILITY OF FEDERAL GOVERNMENT.— 

7 The eligible recipient shall hold the United States 

8 harmless from any claim or damage that may arise 

9 from carrying out the restoration or remediation 

10 project under this section, except any claim or dam11 age that may arise from the negligence of the Fed12 eral Government or a contractor of the Federal Gov13 ernment. 

14 (e) FUNDING LIMITATION PER PROJECT.—Of the 

15 funds provided under this section, not more than 

16 $5,000,000 may be allocated for an individual restoration 

17 or rehabilitation project. 

18 SEC. 802. AUTHORITY OF SECRETARY TO RESTORE AND RE19 MEDIATE WATERFRONT AND RELATED 

20 AREAS. 

21 The Secretary, in consultation with appropriate Fed22 eral, State, and local agencies, is authorized to restore and 

23 remediate waterfront and related areas, including site 

24 characterization, planning, design, construction, and mon25 itoring. 


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1 SEC. 803. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary to carry out this title $50,000,000 for fiscal year 

4 2007 and each subsequent fiscal year. 

5 TITLE IX—COORDINATION AND 

6 OVERSIGHT 

7 SEC. 901. DEFINITIONS. 

8 In this title: 

9 (1) COLLABORATION.—The term ‘‘Collabora10 tion’’ means the Great Lakes Regional Collaboration 

11 established by section 904(a). 

12 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec13 utive Committee’’ means the Great Lakes Regional 

14 Collaboration Executive Committee established by 

15 section 903(a). 

16 (3) EXECUTIVE ORDER.—The term ‘‘Executive 

17 Order’’ means Executive Order 13340 (33 U.S.C. 

18 1268 note; relating to establishment of Great Lakes 

19 Interagency Task Force and promotion of regional 

20 collaboration of national significance for Great 

21 Lakes). 

22 (4) GREAT LAKE.—The term ‘‘Great Lake’’ 

23 means— 

24 (A) Lake Erie; 

25 (B) Lake Huron (including Lake Saint 

26 Clair); 


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1 (C) Lake Michigan; 

2 (D) Lake Ontario; 

3 (E) Lake Superior; and 

4 (F) the connecting channels of those 

5 Lakes, including— 

6 (i) the Saint Marys River; 

7 (ii) the Saint Clair River; 

8 (iii) the Detroit River; 

9 (iv) the Niagara River; and 

10 (v) the Saint Lawrence River to the 

11 Canadian border. 

12 (5) GREAT LAKES CITY.—The term ‘‘Great 

13 Lakes city’’ means a city located in the watershed 

14 basin of a Great Lake. 

15 (6) GREAT LAKES TRIBE.—The term ‘‘Great 

16 Lakes Tribe’’ means any Indian tribe, band, village, 

17 nation, or other organized group or community in 

18 the watershed basin of a Great Lake that is recog19 nized by the Bureau of Indian Affairs as eligible for 

20 the special programs and services provided by the 

21 United States to Indians because of their status as 

22 Indians. 

23 (7) SAINT LAWRENCE CITY.—The term ‘‘Saint 

24 Lawrence city’’ means a city located in the water25 shed basin of the Saint Lawrence River. 


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1 (8) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Great Lakes Interagency Task Force es3 tablished by section 902(a). 

4 SEC. 902. GREAT LAKES INTERAGENCY TASK FORCE. 

5 (a) INTERAGENCY COORDINATION.—The Great 

6 Lakes Interagency Task Force, as established by the Ex7 ecutive Order for administrative purposes, is established 

8 as a task force within the Environmental Protection Agen9 cy. 

10 (b) DUTIES.—In addition to the duties described in 

11 the Executive Order, the Task Force shall— 

12 (1) ensure that implementation of programs 

13 and projects under the authority of the Task Force 

14 members is coordinated, effective, and cost-efficient; 

15 (2) work in cooperation with Federal agencies 

16 on the development of budgets and financial plans 

17 regarding the Great Lakes for inclusion in annual 

18 submissions by the President to Congress of the 

19 budget of the United States; and 

20 (3) submit to Congress a biennial report that 

21 describes the projects and activities carried out by 

22 the Collaboration during the 2-year period covered 

23 by the report, including a description of— 

24 (A) any actions that Federal agencies can 

25 take to address the biennial restoration goals; 


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1 (B) Federal expenditures to meet the res2 toration goals; and 

3 (C) the indicators and monitoring used to 

4 determine whether the goals will be met. 

5 SEC. 903. EXECUTIVE COMMITTEE. 

6 (a) IN GENERAL.—There is established a Great 

7 Lakes Regional Collaboration Executive Committee. 

8 (b) COMPOSITION.—The Executive Committee shall 

9 be composed of— 

10 (1) the Chairperson of the Task Force; 

11 (2) a representative of the Governors of the 

12 Great Lakes States, as agreed upon by the Gov13 ernors; 

14 (3) a representative of the Great Lakes cities 

15 and Saint Lawrence cities, as agreed upon by the 

16 majority of mayors of those cities; and 

17 (4) a designated representative for the Great 

18 Lakes Tribes, as agreed upon by those Tribes. 

19 (c) DUTIES.—The Executive Committee shall— 

20 (1) hold semiannual meetings to discuss Great 

21 Lakes restoration goals and progress; 

22 (2) establish a process to receive input from in23 terested parties with respect to proposed rec24 ommendations of the Executive Committee for res25 toration of the Great Lakes; and 


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1 (3) submit to Congress and the Task Force a 

2 biennial report that includes— 

3 (A) an analysis of progress in carrying out 

4 restoration of the Great Lakes, including meet5 ing the goals and recommendations in the res6 toration and protection strategy developed by 

7 the Great Lakes Regional Collaboration and 

8 this bill; and 

9 (B) recommendations on future priorities 

10 and actions with respect to that restoration. 

11 (d) SUBCOMMITTEES.—The members of the Execu12 tive Committee may designate representatives to work as 

13 1 or more subcommittees to provide staff support and oth14 erwise assist in carrying out responsibilities of the Execu15 tive Committee relating to the Collaboration. 

16 SEC. 904. GREAT LAKES REGIONAL COLLABORATION. 

17 (a) IN GENERAL.—There is established the Great 

18 Lakes Regional Collaboration. 

19 (b) COMPOSITION.—The Collaboration shall be com20 posed of— 

21 (1) the members of the Executive Committee; 

22 and 

23 (2) each other individual and entity that noti24 fies the Executive Committee of the desire and inVerDate Aug 31 2005 18:47 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H5100.IH H5100

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1 tent of the individual or entity to participate in the 

2 Collaboration. 

3 (c) DUTIES.—The Collaboration shall— 

4 (1) develop a restoration and protection strat5 egy to provide information for use in future Great 

6 Lakes program implementation and funding deci7 sions; 

8 (2) serve as a forum for addressing near-term 

9 regional issues relating to ecosystem restoration and 

10 protection of the Great Lakes; and 

11 (3) establish an oversight forum to coordinate 

12 and enhance implementation of Great Lakes pro13 grams. 

Æ 


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