I 

109TH CONGRESS 

2D SESSION H. R. 5030 

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 to establish vessel ballast water management requirements, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mrs. MILLER of Michigan introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committee on Resources, 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 amend the Nonindigenous Aquatic Nuisance Prevention 

and Control Act of 1990 to establish vessel ballast water 

management requirements, 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. 

4 This Act may be cited as the ‘‘Prevention of Aquatic 

5 Invasive Species Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Section 1002(a) of the Nonindigenous Aquatic Nui8 sance Prevention and Control Act of 1990 (16 U.S.C. 


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1 4701(a)) is amended by striking ‘‘and’’ after the semicolon 

2 at the end of paragraph (14), by striking the period at 

3 the end of paragraph (15) and inserting a semicolon, and 

4 by adding at the end the following: 

5 ‘‘(16) the introduction of aquatic invasive spe6 cies into the Nation’s waters is one of the most ur7 gent issues facing aquatic ecosystems in the United 

8 States; 

9 ‘‘(17) the direct and indirect costs of aquatic 

10 invasive species to the economy of the United States 

11 have been estimated at billions of dollars per year; 

12 ‘‘(18) invasive species are thought to have been 

13 involved in 70 percent of the last century’s 

14 extinctions of native aquatic species; 

15 ‘‘(19) aquatic invasive species are a significant 

16 problem throughout the United States, including 

17 Hawaii, Alaska, San Francisco Bay, the Great 

18 Lakes, the Southeast, and the Chesapeake Bay; 

19 ‘‘(20) ballast water from ships is one of the 

20 largest pathways for the introduction and spread of 

21 aquatic invasive species; 

22 ‘‘(21) it has been estimated that some 10,000 

23 non-indigenous aquatic species travel around the 

24 globe each day in the ballast water of cargo ships; 


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1 ‘‘(22) over 2 billion gallons of ballast water are 

2 discharged in United States waters each year; 

3 ‘‘(23) ballast water has been found to transport 

4 not only invasive plants and animals but pathogens 

5 as well, such as cholera; 

6 ‘‘(24) aquatic invasive species may also be in7 troduced by other vessel conduits, including the hulls 

8 of ships; 

9 ‘‘(25) aquatic invasive species may be trans10 ferred from other countries, or from distinct regions 

11 in the United States; 

12 ‘‘(26) current Federal programs are insufficient 

13 to effectively address this growing problem; 

14 ‘‘(27) preventing aquatic invasive species from 

15 being introduced is the most cost-effective approach 

16 for addressing this issue because, once established, 

17 they are costly and sometimes impossible to control; 

18 ‘‘(28) in 2004, the International Maritime Or19 ganization agreed to a Convention, which the United 

20 States played an active role in negotiating, to pre21 vent, minimize, and ultimately eliminate the transfer 

22 of aquatic invasive species through the control and 

23 management of ballast water and sediments; and 

24 ‘‘(29) the International Maritime Organization 

25 agreement specifically recognizes that countries can 


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1 take more stringent measures than those of the Con2 vention with respect to the control and management 

3 of ships’ ballast water and sediment.’’. 

4 TITLE I—PREVENTION OF IN5 TRODUCTION OF AQUATIC 

6 INVASIVE SPECIES INTO WA7 TERS OF THE UNITED STATES 

8 BY VESSELS 

9 SEC. 101. BALLAST WATER MANAGEMENT. 

10 (a) IN GENERAL.—Section 1101 of the Nonindige11 nous Aquatic Nuisance Prevention and Control Act of 

12 1990 (16 U.S.C. 4711) is amended to read as follows: 

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

14 INVASIVE SPECIES INTO WATERS OF THE 

15 UNITED STATES BY VESSELS. 

16 ‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graphs (2), (3), and (4), this section applies to a 

19 vessel (including a towed vessel, and any structure 

20 being towed by a vessel) that is designed, con21 structed, or adapted to carry ballast water; and 

22 ‘‘(A) is a vessel (or a structure being towed 

23 by a vessel) of United States registry or nation24 ality, or operated under the authority of the 

25 United States, wherever located; or 


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1 ‘‘(B) is a foreign vessel that (or a struc2 ture being towed by a foreign vessel that)— 

3 ‘‘(i) is en route to a United States 

4 port or place; or 

5 ‘‘(ii) has departed from a United 

6 States port or place and is within waters 

7 subject to the jurisdiction of the United 

8 States. 

9 ‘‘(2) PERMANENT BALLAST WATER VESSELS.— 

10 This section does not apply to a vessel that carries 

11 all of its permanent ballast water in sealed tanks 

12 and is not subject to discharge. 

13 ‘‘(3) ARMED FORCES VESSELS.— 

14 ‘‘(A) EXEMPTION.—Except as provided in 

15 subparagraph (B), this section does not apply 

16 to a vessel of the Armed Forces. 

17 ‘‘(B) BALLAST WATER MANAGEMENT PRO18 GRAM.—The Secretary of Defense and the Sec19 retary, after consultation with the Adminis20 trator and the Under Secretary, shall imple21 ment a ballast water management program, in22 cluding the promulgation of standards for bal23 last water exchange and treatment and for sedi24 ment management, for vessels of the Armed 

25 Forces under their respective jurisdictions deVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 signed, constructed, or adapted to carry ballast 

2 water that is— 

3 ‘‘(i) consistent with the requirements 

4 of this section, including the deadlines; and 

5 ‘‘(ii) at least as stringent as the re6 quirements promulgated for such vessels 

7 under section 312 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1322). 

9 ‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL

10 VESSELS.—In applying this section to recreational 

11 vessels less than 50 meters in length that have a 

12 maximum ballast water capacity of 8 cubic meters, 

13 the Secretary may promulgate alternative measures 

14 for managing ballast water in a manner that is con15 sistent with the requirements of this section. 

16 ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER

17 OR SEDIMENT.— 

18 ‘‘(1) PROHIBITION.—The operator of a vessel to 

19 which this section applies may not conduct the up20 take or discharge of ballast water or sediment except 

21 as provided in this section. 

22 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

23 apply to the uptake or discharge of ballast water or 

24 sediment in the following circumstances: 


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1 ‘‘(A) The uptake or discharge is solely for 

2 the purpose of— 

3 ‘‘(i) ensuring the safety of the vessel 

4 in an emergency situation; or 

5 ‘‘(ii) saving a life at sea. 

6 ‘‘(B) The uptake or discharge is accidental 

7 and the result of damage to the vessel or its 

8 equipment and— 

9 ‘‘(i) all reasonable precautions to pre10 vent or minimize ballast water and sedi11 ment discharge have been taken before and 

12 after the damage occurs, the discovery of 

13 the damage, and the discharge; and 

14 ‘‘(ii) the owner or officer in charge of 

15 the vessel did not willfully or recklessly 

16 cause the damage. 

17 ‘‘(C) The uptake or discharge is solely for 

18 the purpose of avoiding or minimizing the dis19 charge from the vessel of pollution that would 

20 otherwise violate applicable Federal or State 

21 law. 

22 ‘‘(D) The uptake or discharge of ballast 

23 water and sediment occurs at the same location 

24 where the whole of that ballast water and that 

25 sediment originated and there is no mixing with 


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1 ballast water and sediment from another area 

2 that has not been managed in accordance with 

3 the requirements of this section. 

4 ‘‘(c) AQUATIC INVASIVE SPECIES PLAN.— 

5 ‘‘(1) IN GENERAL.—The operator of a vessel to 

6 which this section applies shall conduct all ballast 

7 water management operations of that vessel in ac8 cordance with an aquatic invasive species plan de9 signed to minimize the discharge of aquatic invasive 

10 species that— 

11 ‘‘(A) meets the requirements prescribed by 

12 the Secretary by regulation; and 

13 ‘‘(B) is approved by the Secretary. 

14 ‘‘(2) APPROVAL CRITERIA.— 

15 ‘‘(A) IN GENERAL.—The Secretary may 

16 not approve an aquatic invasive species plan un17 less the Secretary determines that the plan— 

18 ‘‘(i) describes in detail the actions to 

19 be taken to implement the ballast water 

20 management requirements established 

21 under this section; 

22 ‘‘(ii) describes in detail the procedures 

23 to be used for disposal of sediment at sea 

24 and on shore in accordance with the re25 quirements of this section; 


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1 ‘‘(iii) describes in detail safety proce2 dures for the vessel and crew associated 

3 with ballast water management; 

4 ‘‘(iv) designates the officer on board 

5 the vessel in charge of ensuring that the 

6 plan is properly implemented; 

7 ‘‘(v) contains the reporting require8 ments for vessels established under this 

9 section and a copy of each form necessary 

10 to meet those requirements; 

11 ‘‘(vi) includes documents relevant to 

12 aquatic invasive species management 

13 equipment and procedures; 

14 ‘‘(vii) includes the location of access 

15 points for sampling ballast water and sedi16 ment; 

17 ‘‘(viii) includes other requirements 

18 prescribed by the Secretary, including 

19 operational requirements for complying 

20 with subsections (f) and (g); 

21 ‘‘(ix) includes a contingency plan for 

22 acting under the safety or stability excep23 tion under subsection (f)(4), that includes 

24 procedures to reduce the risk of organism 

25 transfer via ballast water discharge; and 


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1 ‘‘(x) meets all other requirements pre2 scribed by the Secretary. 

3 ‘‘(B) FOREIGN VESSELS.—The Secretary 

4 may approve an aquatic invasive species plan 

5 for a foreign vessel (as defined in section 

6 2101(12) of title 46, United States Code) on 

7 the basis of a certificate of compliance with the 

8 criteria described in subparagraph (A) issued 

9 by the vessel’s country of registration in accord10 ance with regulations promulgated by the Sec11 retary. 

12 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 

13 owner or operator of a vessel to which this section 

14 applies shall— 

15 ‘‘(A) maintain a copy of the vessel’s aquat16 ic invasive species plan on board at all times; 

17 and 

18 ‘‘(B) keep the plan readily available at all 

19 reasonable times for examination by the Sec20 retary or a representative of the State in which 

21 the port is located. 

22 ‘‘(4) REGULATIONS.—The Secretary, in con23 sultation with the Task Force, shall issue regula24 tions prescribing the requirements of this subsection. 

25 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 


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1 ‘‘(1) IN GENERAL.—The owner or operator of a 

2 vessel to which this section applies shall maintain a 

3 ballast water record book in English on board the 

4 vessel in which— 

5 ‘‘(A) each operation involving the uptake 

6 or discharge of ballast water or sediment dis7 charge is fully recorded without delay, in ac8 cordance with regulations promulgated by the 

9 Secretary; 

10 ‘‘(B) each such operation is described in 

11 detail, including the location and circumstances 

12 of, and the reason for, the operation; and 

13 ‘‘(C) the exact nature and circumstances of 

14 any situation under which any operation was 

15 conducted under an exception set forth in sub16 section (b)(2) or (f)(4) is described. 

17 ‘‘(2) AVAILABILITY.—The ballast water record 

18 book— 

19 ‘‘(A) shall be kept readily available for ex20 amination by the Secretary or a representative 

21 of the State at all reasonable times in each port 

22 that is entered by the vessel; and 

23 ‘‘(B) notwithstanding paragraph (1), may 

24 be kept on the towing vessel in the case of an 

25 unmanned vessel under tow. 


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1 ‘‘(3) RETENTION PERIOD.—The ballast water 

2 record book shall be retained— 

3 ‘‘(A) on board the vessel for a period of 3 

4 years after the date on which the last entry in 

5 the book is made; and 

6 ‘‘(B) under the control of the vessel’s 

7 owner for an additional period of 3 years. 

8 ‘‘(4) REGULATIONS.—In the regulations pre9 scribed under this section, the Secretary shall re10 quire, at a minimum, that— 

11 ‘‘(A) each entry in the ballast water record 

12 book be signed and dated by the officer in 

13 charge of the ballast water operation recorded; 

14 ‘‘(B) each completed page in the ballast 

15 water record book be signed and dated by the 

16 master of the vessel; and 

17 ‘‘(C) the owner or operator of the vessel 

18 transmit such information to the Secretary re19 garding the ballast operations of the vessel as 

20 the Secretary may require. 

21 ‘‘(5) ALTERNATIVE MEANS OF RECORD22 KEEPING.—The Secretary shall provide by regula23 tion for alternative methods of recordkeeping, in24 cluding electronic recordkeeping, to comply with the 

25 requirements of this subsection. 


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1 ‘‘(6) NATIONAL BALLAST INFORMATION CLEAR2 INGHOUSE.—Records required for a vessel under 

3 this subsection shall be transmitted by the owner or 

4 operator of the vessel to the National Ballast Infor5 mation Clearinghouse established under section 

6 1102(f). 

7 ‘‘(e) BEST MANAGEMENT PRACTICES.— 

8 ‘‘(1) GUIDELINES FOR BEST MANAGEMENT

9 PRACTICES.—The Secretary shall issue guidance for 

10 best management practices for purposes of compli11 ance with this section by no later than 18 months 

12 after the date of the enactment of this subsection. 

13 ‘‘(2) CONTENT.—The guidance shall include— 

14 ‘‘(A) sediment management in transoceanic 

15 vessels, including— 

16 ‘‘(i) saltwater flushing of ballast tanks 

17 in accordance with subsection (f)(9) at reg18 ular intervals, for vessels that declare no19 ballast-on-board or claim to be carrying 

20 only unpumpable quantities of ballast 

21 water; 

22 ‘‘(ii) the minimization of ballast water 

23 uptake in areas with a greater risk of 

24 harmful organisms entering ballast tanks, 

25 such as areas with toxic algal blooms or 


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1 known outbreaks of aquatic invasive spe2 cies; 

3 ‘‘(iii) the avoidance of unnecessary 

4 ballast water discharge in a port of ballast 

5 water taken up in another port; 

6 ‘‘(iv) to the maximum extent possible, 

7 the collection and proper disposal of debris 

8 from cleaning of the vessel’s hull; 

9 ‘‘(v) the proper use of anti-fouling 

10 coating; and 

11 ‘‘(vi) the minimization of the transfer 

12 of aquatic invasive species from other 

13 pathways relevant to the vessel or towed 

14 structure, including the hull. 

15 ‘‘(f) BALLAST WATER EXCHANGE REQUIRE16 MENTS.— 

17 ‘‘(1) IN GENERAL.—Until a vessel is required to 

18 conduct ballast water treatment in accordance with 

19 subsection (g) of this section, the operator of a ves20 sel to which this section applies may not discharge 

21 ballast water except after— 

22 ‘‘(A) conducting ballast water exchange, in 

23 accordance with paragraph (3) and regulations 

24 prescribed by the Secretary, in a manner that 

25 results in an efficiency of at least 95 percent 


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1 volumetric exchange of the ballast water for 

2 each ballast water tank; 

3 ‘‘(B) meeting the requirements of para4 graph (9), if the vessel’s condition is such that 

5 the vessel is declared to have no ballast on 

6 board or is claimed to be carrying only 

7 unpumpable quantities of ballast; 

8 ‘‘(C) using ballast water treatment that 

9 meets the performance standards of subsection 

10 (g); or 

11 ‘‘(D) using an environmentally sound alter12 native ballast water treatment method if the 

13 Secretary determines that the performance of 

14 such treatment meets, for the relevant vessel or 

15 group vessels, the International Maritime Orga16 nization standard for treatment in the Ballast 

17 Water Management Convention. 

18 ‘‘(2) ALTERNATIVE BALLAST WATER TREAT19 MENT TECHNOLOGY TO MEET IMO STANDARDS.— 

20 ‘‘(A) IN GENERAL.—Within 1 year after 

21 the date of the enactment of this paragraph, 

22 the Secretary, in consultation with the Adminis23 trator and the Under Secretary, shall promul24 gate regulations to establish an approval proc25 ess for alternative ballast water treatment techVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 nologies meeting the International Maritime Or2 ganization standard for treatment in the Bal3 last Water Management Convention. 

4 ‘‘(B) COMPLIANCE WITH BALLAST WATER

5 EXCHANGE REQUIREMENTS.—A vessel is not in 

6 compliance with paragraph (1)(D) unless the 

7 Secretary, under the approval process estab8 lished under subparagraph (A) of this para9 graph, approves the technology employed by the 

10 vessel for purposes of complying with paragraph 

11 (1)(D). 

12 ‘‘(C) INCENTIVES FOR USE OF ALTER13 NATIVE TREATMENT METHODS.—If a vessel 

14 uses an alternative ballast water treatment 

15 technology approved under this paragraph, then 

16 vessel is in compliance with subsection (g) for 

17 the 10-year period beginning on the date that 

18 the approved technology is first placed on the 

19 vessel. 

20 ‘‘(D) REVOCATION OF APPROVAL.—The 

21 Secretary shall revoke approval for an alter22 native technology if— 

23 ‘‘(i) it is discovered the technology 

24 does not meet the International Maritime 


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1 Organization standard for treatment in the 

2 Ballast Water Management Convention; or 

3 ‘‘(ii) use of the technology causes 

4 harm to the environment. 

5 ‘‘(E) DISCRETIONARY REVOCATION OF AP6 PROVAL.—The Secretary may revoke approval 

7 for an alternative technology if revocation of 

8 approval is appropriate under any circumstance. 

9 ‘‘(3) EXCHANGE AREAS.— 

10 ‘‘(A) IN GENERAL.—A vessel is in compli11 ance with paragraph (1)(A) only if— 

12 ‘‘(i) in the case of a vessel en route to 

13 a United States port or place from a port 

14 or place outside the United States exclu15 sive economic zone, the vessel conducts bal16 last water exchange— 

17 ‘‘(I) at least 200 nautical miles 

18 from the nearest point of land in the 

19 United States; and 

20 ‘‘(II) in water at least 200 me21 ters in depth; 

22 ‘‘(ii) in the case of a vessel originating 

23 from a port or place within the United 

24 States exclusive economic zone, or from a 

25 port within 200 nautical miles of the 


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1 United States in Canada, Mexico, or other 

2 ports designated by the Secretary for pur3 poses of this section, the vessel conducts 

4 ballast water exchange— 

5 ‘‘(I) at least 50 nautical miles 

6 from the nearest point of land in the 

7 United States, or in an area deter8 mined by the Secretary under sub9 paragraph (B) of this paragraph or 

10 paragraph (6); and 

11 ‘‘(II) in water at least 200 me12 ters in depth. 

13 ‘‘(B) DESIGNATION OF EXCHANGE

14 AREAS.— 

15 ‘‘(i) DESIGNATION.—If the Secretary, 

16 in consultation with the Administrator and 

17 the Under Secretary, determines based on 

18 oceanographic information that 50 nautical 

19 miles is an inadequate distance from the 

20 nearest point of land in the United States 

21 to prevent harm to coastal areas from or22 ganisms released in ballast water ex23 changes, the Secretary shall issue regula24 tions that establish designated areas for al25 lowable ballast water exchange. The desVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 ignated areas shall be located not more 

2 than 100 nautical miles from the nearest 

3 point of land in the United States. 

4 ‘‘(ii) EXCHANGE DEEMED IN COMPLI5 ANCE.—Any ballast water exchange con6 ducted in accordance with regulations 

7 issued under this subparagraph is deemed 

8 to comply with this paragraph. 

9 ‘‘(4) SAFETY OR STABILITY EXCEPTION.— 

10 ‘‘(A) IN GENERAL.—Paragraphs (1) and 

11 (3) do not apply to the discharge of ballast 

12 water by a vessel if the master of a vessel deter13 mines that compliance with those paragraphs 

14 would threaten the safety or stability of the ves15 sel, its crew, or its passengers because of ad16 verse weather, equipment failure, or any other 

17 relevant condition. 

18 ‘‘(B) NOTIFICATION REQUIRED.—When19 ever the master of a vessel is unable to comply 

20 with the requirements of paragraphs (1) and 

21 (3) because of a determination made under sub22 paragraph (A), the master of the vessel shall— 

23 ‘‘(i) notify the Secretary as soon as 

24 practicable thereafter but no later than 24 

25 hours after making that determination; 


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1 ‘‘(ii) ensure that the determination, 

2 the reasons for the determination, and the 

3 notice are recorded in the vessel’s ballast 

4 water record book; and 

5 ‘‘(iii) conduct one of the following— 

6 ‘‘(I) undertake ballast water ex7 change in an alternative area des8 ignated by the Secretary under para9 graph (3)(B) or paragraph (6); 

10 ‘‘(II) undertake discharge of bal11 last water in accordance with para12 graph (7); or 

13 ‘‘(III) act in accordance with a 

14 contingency plan included in the ves15 sel’s aquatic invasive species plan. 

16 ‘‘(C) REVIEW OF CIRCUMSTANCES.—If the 

17 master of a vessel conducts a ballast water dis18 charge under this paragraph, the Secretary 

19 shall review the circumstances to determine 

20 whether the discharge met the requirements of 

21 this paragraph. The review under this subpara22 graph shall be in addition to any other enforce23 ment authority of the Secretary. 

24 ‘‘(5) DISCHARGE UNDER WAIVER.— 


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1 ‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP

2 WAIVER.—If, because of the short length of a 

3 voyage, the operator of a vessel is unable to dis4 charge ballast water in accordance with the re5 quirements of paragraph (3)(A)(ii) without sub6 stantial business hardship, as determined under 

7 regulations prescribed by the Secretary, the op8 erator may request a waiver from the Secretary 

9 to discharge ballast water in accordance with 

10 paragraph (7). A request for a waiver under 

11 this subparagraph shall be submitted to the 

12 Secretary at such time and in such form and 

13 manner as the Secretary may require. 

14 ‘‘(B) SUBSTANTIAL BUSINESS HARD15 SHIP.—For purposes of subparagraph (A), the 

16 factors taken into account in determining sub17 stantial business hardship shall include wheth18 er— 

19 ‘‘(i) compliance with the requirements 

20 of paragraph (3)(A)(ii) would require a 

21 sufficiently great change in routing or 

22 scheduling of service as to compromise the 

23 economic or commercial viability of the 

24 trade or business in which the vessel is op25 erated; or 


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1 ‘‘(ii) it is reasonable to expect that the 

2 trade or business or service provided will 

3 be continued only if a waiver is granted 

4 under subparagraph (A). 

5 ‘‘(C) AQUATIC INVASIVE SPECIES PLAN.— 

6 If the Secretary grants a waiver under this 

7 paragraph for a vessel, then the aquatic 

8 invasive species plan as required for the vessel 

9 under subsection (c) shall be revised to include 

10 operations to minimize the risk of introduction 

11 of aquatic invasive species. 

12 ‘‘(6) DESIGNATION OF ALTERNATIVE AREAS.— 

13 ‘‘(A) REVIEW OF POTENTIAL ALTER14 NATIVE AREAS.—Within 1 year after the date 

15 of the enactment of this paragraph, the Sec16 retary, in consultation with the Under Sec17 retary, the Task Force, the Administrator, and 

18 a representative of any State that may be af19 fected by discharge of ballast water in an area, 

20 shall finish a review to assist in the designation 

21 of alternative areas that would not be affected 

22 by the discharge of ballast water. 

23 ‘‘(B) REGULATIONS.—After completion of 

24 the review in accordance with subparagraph 

25 (A), the Secretary may issue regulations desigVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 nating alternative areas where the discharge of 

2 ballast water would not affect the surrounding 

3 aquatic ecosystem. 

4 ‘‘(C) REVIEW AND REVISION.—The Sec5 retary shall review and revise the designation of 

6 alternative areas under this paragraph as nec7 essary. 

8 ‘‘(D) SPECIAL REVIEW AND REVISION.— 

9 Not later than 90 days after the date on which 

10 the Task Force makes a request to the Sec11 retary for a special review and revision of the 

12 areas designated as alternative areas for ballast 

13 water discharge, the Secretary, in consultation 

14 with the Under Secretary, the Task Force, the 

15 Administrator, and a representative of any 

16 State that may be affected by the discharge of 

17 ballast water in such an area, shall conduct a 

18 review to revise the designations if necessary. 

19 ‘‘(7) PERMISSIBLE DISCHARGE.— 

20 ‘‘(A) IN GENERAL.—The discharge of bal21 last water shall be considered to be carried out 

22 in accordance with this paragraph if it is— 

23 ‘‘(i) in an alternative area designated 

24 for that purpose under paragraph (6) by 

25 the Secretary; or 


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1 ‘‘(ii) into a reception facility described 

2 in subsection (g)(2). 

3 ‘‘(B) LIMITATION ON VOLUME.—The vol4 ume of any ballast water discharged under the 

5 provisions of this paragraph may not exceed the 

6 volume necessary to ensure the safe operation 

7 of the vessel. 

8 ‘‘(8) PARTIAL COMPLIANCE.— 

9 ‘‘(A) IN GENERAL.—The operator of a ves10 sel that is unable to comply fully with the re11 quirements of paragraphs (1) and (3)— 

12 ‘‘(i) shall nonetheless conduct ballast 

13 water exchange to the maximum extent 

14 feasible in compliance with those para15 graphs; 

16 ‘‘(ii) may conduct a partial ballast 

17 water exchange under this paragraph only 

18 to the extent that the ballast water in an 

19 individual ballast tank can be completely 

20 exchanged in accordance with paragraph 

21 (1); 

22 ‘‘(iii) shall notify the Secretary as 

23 soon as practicable thereafter, but no later 

24 than 24 hours after making the determinaVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 tion to conduct ballast water exchange 

2 under this paragraph; and 

3 ‘‘(iv) shall ensure that the determina4 tion, the reasons for the determination, 

5 and the notice are recorded in the vessel’s 

6 ballast water record book. 

7 ‘‘(B) REVIEW OF CIRCUMSTANCES.—If the 

8 master of a vessel conducts a ballast water dis9 charge under this paragraph, the Secretary 

10 shall review the circumstances to determine 

11 whether the vessel was unable to comply fully 

12 with the requirements of paragraphs (1) and 

13 (3). The review under this subparagraph shall 

14 be in addition to any other enforcement author15 ity of the Secretary. 

16 ‘‘(9) SPECIAL REQUIREMENTS FOR NOBOBS.— 

17 ‘‘(A) SALTWATER FLUSHING REQUIRE18 MENT.—Beginning 180 days after the date of 

19 the enactment of this paragraph, any vessel op20 erating en route to the United States from out21 side the exclusive economic zone of the United 

22 States that is unable to conduct ballast water 

23 exchange as otherwise required under this sub24 section, other than as provided in paragraph (4) 

25 and paragraph (5), shall conduct saltwater 


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1 flushing of its empty ballast tanks in an area 

2 located at least 200 nautical miles from any 

3 point on land in the United States before enter4 ing any port in the United States. 

5 ‘‘(B) SALTWATER FLUSHING DEFINED.— 

6 For the purposes of this paragraph, the term 

7 ‘saltwater flushing’ means a process that in8 cludes— 

9 ‘‘(i) the addition to each empty ballast 

10 tank of as much ocean water that is safe 

11 for the vessel and crew; 

12 ‘‘(ii) the mixing of the flush water 

13 with residual water and sediment through 

14 the motion of the vessel; and 

15 ‘‘(iii) the discharge of the mixed 

16 water, 

17 in areas greater than 200 nautical miles from 

18 the nearest point of land in the United States 

19 such that the resultant residual water remain20 ing in the tank has a salinity greater than 30 

21 parts per thousand. 

22 ‘‘(10) DESIGNATION OF ENCLOSED AQUATIC

23 ECOSYSTEMS.— 

24 ‘‘(A) IN GENERAL.—The Secretary, in con25 sultation with the Under Secretary, the AdminVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 istrator, the Task Force, and representatives 

2 from affected States designated by the Task 

3 Force, shall designate, in addition to the Great 

4 Lakes, enclosed aquatic ecosystems in which the 

5 potential for movement of organisms by natural 

6 and anthropogenic means is not significantly al7 tered by the movement of vessels, including bal8 last water discharge, to which this section 

9 apply. 

10 ‘‘(B) DESIGNATION OF REPRESENTED

11 STATES.—The Task Force shall designate the 

12 States that may appoint representatives to as13 sist in designating enclosed aquatic ecosystems 

14 under subparagraph (A) and the number of 

15 representatives that may be appointed for each 

16 State. The governor of each designated State 

17 shall appoint the representatives for that State. 

18 ‘‘(11) VESSELS OPERATING ON THE GREAT

19 LAKES.—No vessel shall be operated in the Great 

20 Lakes if the master of the vessel has not certified 

21 to the Secretary or the Secretary’s designee by not 

22 later than the departure of that vessel from the first 

23 lock in the St. Lawrence Seaway that the vessel has 

24 complied with the requirements under this title, in25 cluding the regulations issued under this title. 


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1 ‘‘(12) CERTAIN GEOGRAPHICALLY LIMITED

2 ROUTES.—Notwithstanding paragraph (3)(B) of this 

3 subsection, the operator of a vessel is not required 

4 to comply with the requirements of paragraph (1) 

5 if— 

6 ‘‘(A) the vessel operates exclusively— 

7 ‘‘(i) within Lake Superior, Lake 

8 Michigan, Lake Huron, and Lake Erie and 

9 the connecting channels; 

10 ‘‘(ii) between or among the main 

11 group of the Hawaiian Islands; or 

12 ‘‘(iii) within any enclosed aquatic eco13 system designated under paragraph (10); 

14 and 

15 ‘‘(B) the vessel carries only ballast water 

16 and sediment from the area identified under 

17 subparagraph (A). 

18 ‘‘(13) MARINE SANCTUARIES AND OTHER PRO19 HIBITED AREAS.—A vessel may not conduct ballast 

20 water exchange or discharge unexchanged ballast 

21 water under this subsection within a marine sanc22 tuary designated under title III of the National Ma23 rine Sanctuaries Act (16 U.S.C. 1431 et seq.) or in 

24 any other waters designated by the Secretary after 


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1 consultation with the Under Secretary and the Ad2 ministrator. 

3 ‘‘(14) STUDY AND REQUIREMENT OF ALTER4 NATIVES FOR THE GREAT LAKES.— 

5 ‘‘(A) STUDY.—Not later than January 1, 

6 2011, the Secretary, in consultation with the 

7 Administer and the Under Secretary, shall con8 duct a study to evaluate alternatives to on9 board treatment, including but not limited to 

10 cargo transfer and shore-based treatment, for 

11 vessels entering the Great Lakes from beyond 

12 the exclusive economic zone. 

13 ‘‘(B) REGULATIONS.—The Secretary may 

14 promulgate regulations based on the results of 

15 the study to require alternatives that would as16 sist in preventing the introduction of aquatic 

17 invasive species from vessels. 

18 ‘‘(15) PUBLIC NOTICE OF ACTIONS.— 

19 ‘‘(A) NOTICE REQUIREMENT.—The Sec20 retary shall provide public notice of each of the 

21 following: 

22 ‘‘(i) Exemptions applied under para23 graph (4), including the nature and cir24 cumstances surrounding the application of 

25 the exemption. 


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1 ‘‘(ii) Waivers granted under para2 graph (5), including the nature and cir3 cumstances surrounding the waiver. 

4 ‘‘(iii) Instances of partial compliance 

5 under paragraph (8), including the nature 

6 and circumstances surrounding the in7 stance of partial compliance. 

8 ‘‘(iv) Determinations made by the 

9 Secretary after reviews conducted pursuant 

10 to paragraphs (4) and (8). 

11 ‘‘(B) MANNER OF NOTICE.—The Secretary 

12 shall publish notice under this paragraph— 

13 ‘‘(i) in the Federal Register and on 

14 relevant web sites maintained by the Sec15 retary; 

16 ‘‘(ii) once every 2 weeks; and 

17 ‘‘(iii) with respect to all of the matters 

18 referred to in subparagraph (A) for the 2- 

19 week period preceding publication of the 

20 notice. 

21 ‘‘(C) DATABASE OF NOTICES.—The Sec22 retary shall make all notices published under 

23 subparagraph (B)(i) available, at all times, to 

24 the public on relevant World Wide Web sites 

25 maintained by the Secretary. 


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1 ‘‘(16) REGULATIONS DEADLINE.—The Sec2 retary shall issue a final rule for regulations re3 quired by this subsection within 1 year after the 

4 date of enactment of the Prevention of Aquatic 

5 Invasive Species Act of 2006. 

6 ‘‘(g) BALLAST WATER TREATMENT REQUIRE7 MENTS.— 

8 ‘‘(1) PERFORMANCE STANDARDS.—A vessel to 

9 which this section applies shall conduct ballast water 

10 treatment in accordance with the requirements of 

11 this subsection before discharging ballast water so 

12 that the ballast water discharged will contain— 

13 ‘‘(A) less than 1 living organism per 10 

14 cubic meters that is 50 or more micrometers in 

15 minimum dimension; 

16 ‘‘(B) less than 1 living organism per 10 

17 milliliters that is less than 50 micrometers in 

18 minimum dimension and more than 10 microm19 eters in minimum dimension; 

20 ‘‘(C) concentrations of indicator microbes 

21 that are less than— 

22 ‘‘(i) 1 colony-forming unit of 

23 toxicogenic Vibrio cholera (serotypes O1 

24 and O139) per 100 milliliters, or less than 


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1 1 colony-forming unit of that microbe per 

2 gram of wet weight of zoological samples; 

3 ‘‘(ii) 126 colony-forming units of esch4 erichia coli per 100 milliliters; and 

5 ‘‘(iii) 33 colony-forming units of intes6 tinal enterococci per 100 milliliters; and 

7 ‘‘(D) concentrations of such additional in8 dicator microbes as may be specified in regula9 tions promulgated by the Secretary, after con10 sultation with the Administrator, that are less 

11 than the amount specified in those regulations. 

12 ‘‘(2) RECEPTION FACILITY EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—Paragraph (1) does 

14 not apply to a vessel that discharges ballast 

15 water into— 

16 ‘‘(i) a land-based facility for the re17 ception of ballast water that meets stand18 ards prescribed by the Administrator; or 

19 ‘‘(ii) a water-based facility for the re20 ception of ballast water that meets stand21 ards prescribed by the Secretary. 

22 ‘‘(B) PROMULGATION OF STANDARDS.— 

23 Within 1 year after the date of enactment of 

24 the paragraph— 


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1 ‘‘(i) the Administrator shall promul2 gate standards for— 

3 ‘‘(I) the reception of ballast 

4 water in land-based facilities; and 

5 ‘‘(II) the disposal or treatment of 

6 ballast water discharged into a land7 based or water-based reception facility 

8 in a way that does not impair or dam9 age the environment, human health, 

10 property, or resources; and 

11 ‘‘(ii) the Secretary shall promulgate 

12 standards for the reception of ballast water 

13 in water-based facilities. 

14 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para15 graph (1) applies to vessels in accordance with the 

16 following schedule: 

17 ‘‘(A) FIRST PHASE.—Beginning January 

18 1, 2009, for vessels constructed on or after that 

19 date with a ballast water capacity of less than 

20 5,000 cubic meters. 

21 ‘‘(B) SECOND PHASE.—Beginning January 

22 1, 2012, for vessels constructed on or after that 

23 date with a ballast water capacity of 5,000 

24 cubic meters or more. 


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1 ‘‘(C) THIRD PHASE.—Beginning January 

2 1, 2014, for vessels constructed before January 

3 1, 2009, with a ballast water capacity of 1,500 

4 cubic meters or more but not more than 5,000 

5 cubic meters. 

6 ‘‘(D) FOURTH PHASE.—Beginning Janu7 ary 1, 2016, for vessels constructed— 

8 ‘‘(i) before January 1, 2009, with a 

9 ballast water capacity of less than 1,500 

10 cubic meters or 5,000 cubic meters or 

11 more; or 

12 ‘‘(ii) on or after January 1, 2009, and 

13 before January 1, 2012, with a ballast 

14 water capacity of 5,000 cubic meters or 

15 more. 

16 ‘‘(4) TREATMENT SYSTEM APPROVAL RE17 QUIRED.—The operator of a vessel may not use a 

18 ballast water treatment system to comply with the 

19 requirements of this subsection unless the system is 

20 approved by the Secretary under paragraph (8) or 

21 (10). 

22 ‘‘(5) FEASIBILITY REVIEW.— 

23 ‘‘(A) IN GENERAL.—Not less than 2 years 

24 before the date on which paragraph (1) applies 

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1 graph (3), or as that date may be extended 

2 under this paragraph, the Secretary, in con3 sultation with the Administrator, the Under 

4 Secretary, and the Task Force, shall complete 

5 a review to determine whether appropriate tech6 nologies are available to achieve the standards 

7 set forth in paragraph (1) for the vessels to 

8 which they apply under the schedule set forth 

9 in paragraph (3). In reviewing the technologies 

10 the Secretary shall consider— 

11 ‘‘(i) the effectiveness of a technology 

12 in achieving the standards; 

13 ‘‘(ii) feasibility in terms of compat14 ibility with vessel design and operations; 

15 ‘‘(iii) safety considerations; 

16 ‘‘(iv) whether a technology is deter17 mined to have an adverse impact on the 

18 environment under the criteria issued 

19 under paragraph (11); and 

20 ‘‘(v) cost effectiveness. 

21 ‘‘(B) DELAY IN SCHEDULED APPLICA22 TION.—If the Secretary determines, on the 

23 basis of the review conducted under subpara24 graph (A), that compliance with the standards 

25 set forth in paragraph (1) in accordance with 


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1 the schedule set forth in any subparagraph of 

2 paragraph (3) is not feasible for any class of 

3 vessels, the Secretary, in consultation with the 

4 Administrator, the Under Secretary, and the 

5 Task Force, shall— 

6 ‘‘(i) extend the date on which that 

7 subparagraph first applies to vessels for a 

8 period of not more than 24 months; and 

9 ‘‘(ii) recommend action to ensure that 

10 compliance with the extended date schedule 

11 for that subparagraph is achieved. 

12 ‘‘(C) HIGHER STANDARDS; EARLIER IM13 PLEMENTATION.— 

14 ‘‘(i) STANDARDS.—If the Secretary 

15 determines that ballast water treatment 

16 technology exists that exceeds the perform17 ance standards required under this sub18 section, the Secretary, in consultation with 

19 the Administrator, the Under Secretary, 

20 and the Task Force, shall, for any class of 

21 vessels, revise the performance standards 

22 to incorporate the higher performance 

23 standards. 

24 ‘‘(ii) IMPLEMENTATION.—If the Sec25 retary determines that technology that 


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1 achieves the applicable performance stand2 ards required under this subsection can be 

3 implemented earlier than required by this 

4 subsection, the Secretary, in consultation 

5 with the Administrator, the Under Sec6 retary, and the Task Force, shall, for any 

7 class of vessels, accelerate the implementa8 tion schedule under paragraph (3). If the 

9 Secretary accelerates the implementation 

10 schedule pursuant to this clause, the Sec11 retary shall provide notice at least 24 

12 months before such accelerated implemen13 tation goes into effect. 

14 ‘‘(iii) DETERMINATIONS NOT MUTU15 ALLY EXCLUSIVE.—The Secretary shall 

16 take action under both clause (i) and 

17 clause (ii) if the Secretary makes deter18 minations under both clauses. 

19 ‘‘(D) INTERIM STANDARDS.—If the Sec20 retary determines that appropriate technologies 

21 are not available to meet the standards set 

22 forth in paragraph (1), then the International 

23 Maritime Organization standard for treatment 

24 in the Ballast Water Management Convention 

25 shall apply instead of the standards set forth in 


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1 paragraph (1), in accordance with the imple2 mentation schedule established under paragraph 

3 (3), until the standards set forth in paragraph 

4 (1) take effect pursuant to subparagraph (B). 

5 ‘‘(6) REVIEW OF BALLAST WATER TREATMENT

6 STANDARDS.—At the end of the 3-year period begin7 ning on the date of the enactment of this paragraph 

8 and every 3 years thereafter, the Secretary, in con9 sultation with the Administrator and based on rec10 ommendations by the Task Force and information 

11 collected and analyzed under this title, and in ac12 cordance with criteria developed by the Task Force 

13 under paragraph (15), shall— 

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

15 regulations promulgated under this section; 

16 ‘‘(B) assess the effectiveness of regulations 

17 promulgated under this section in reducing the 

18 introduction and spread of aquatic invasive spe19 cies by vessels; 

20 ‘‘(C) assess the approval process under 

21 paragraph (8); and 

22 ‘‘(D) as necessary, revise regulations pro23 mulgated under this section and promulgate 

24 new regulations. 


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1 ‘‘(7) SPECIAL REVIEW AND REVISION.—Not 

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

3 Force makes a request to the Secretary for a special 

4 review and revision of the regulations promulgated 

5 under this section, the Secretary, in consultation 

6 with the Administrator, shall conduct a special re7 view in accordance with paragraph (6), including the 

8 revision of regulations or the promulgation of new 

9 regulations as necessary. 

10 ‘‘(8) APPROVAL OF BALLAST WATER TREAT11 MENT SYSTEMS.— 

12 ‘‘(A) REGULATIONS.—The Secretary, in 

13 consultation with the Administrator, the Under 

14 Secretary, and the Task Force and by not later 

15 than 1 year after the date of the enactment of 

16 this paragraph, shall issue regulations estab17 lishing an approval process for ballast water 

18 treatment systems. The regulations shall in19 clude standards for the certification of treat20 ment or practices and an ongoing enforcement 

21 of the use of treatments and practices. 

22 ‘‘(B) QUALIFIED TYPE-APPROVAL PROC23 ESS.—The approval of ballast water treatment 

24 systems shall be based on a qualified type-ap25 proval process that is capable of estimating the 


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1 extent to which treated ballast water discharge 

2 is to comply with the standards of paragraph 

3 (1). 

4 ‘‘(C) CONSIDERATION OF RESTRICTIONS.— 

5 The approval of ballast water treatment sys6 tems shall take into account restrictions relat7 ing to— 

8 ‘‘(i) biological, chemical, or physical 

9 conditions of water taken into ballast 

10 tanks; and 

11 ‘‘(ii) conditions encountered during a 

12 ship’s voyage. 

13 ‘‘(D) ENVIRONMENTAL SOUNDNESS AND

14 SAFETY.—The approval process for ballast 

15 water treatment systems shall be capable of de16 termining the extent to which a ballast water 

17 treatment method is— 

18 ‘‘(i) environmentally sound based on 

19 criteria promulgated by the Administrator 

20 pursuant to paragraph (11); and 

21 ‘‘(ii) safe for vessel and crew. 

22 ‘‘(E) ESTIMATION OF USEFUL LIFE.—The 

23 approval process for ballast water treatment 

24 systems may be used to estimate the useful life 

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1 mined on the basis of voyage patterns and nor2 mal use conditions. 

3 ‘‘(F) SHIP-BOARDING TESTING.—The ap4 proval process of ballast water treatment sys5 tems shall include a ship-boarding testing com6 ponent, and may include a shore-based testing 

7 component. 

8 ‘‘(G) MONITORING.—The approval process 

9 for ballast water treatment systems shall pro10 vide for appropriate monitoring. 

11 ‘‘(H) APPLICATION FORM AND INFORMA12 TION.—The Secretary shall approve an applica13 tion for certification of ballast water treatment 

14 system only if the application is in such form 

15 and contains such information as the Secretary 

16 requires. 

17 ‘‘(9) MONITORING AND EFFECTIVENESS; REV18 OCATION OF CERTIFICATION.—Based on the results 

19 of appropriate monitoring of ballast water treatment 

20 systems, the Secretary shall revoke the certification 

21 of a ballast water treatment system if it is found 

22 that ballast water treated with the system does not 

23 meet the standards of paragraph (1) or paragraph 

24 (11). 


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1 ‘‘(10) APPROVAL OF EXPERIMENTAL BALLAST

2 WATER TREATMENT TECHNOLOGIES.— 

3 ‘‘(A) IN GENERAL.—If a vessel participates 

4 in a program approved by the Secretary to test 

5 and evaluate promising ballast water treatment 

6 technologies that are likely to result in treat7 ment technologies achieving a standard that is 

8 the same as or more stringent than the stand9 ard that applies under paragraph (1) before the 

10 first date on which paragraph (1) applies to 

11 that vessel, the Secretary shall certify a vessel 

12 to allow the use of that technology and such 

13 vessel shall be deemed to be in compliance with 

14 the requirements of paragraph (1) during the 

15 period of certification. 

16 ‘‘(B) GUIDELINES BY SECRETARY.—The 

17 Secretary, in consultation with the Adminis18 trator, the Under Secretary, and the Task 

19 Force, within 1 year after the date of the enact20 ment of this paragraph shall issue guidelines 

21 for the approval of experimental ballast water 

22 treatment technologies that are likely to meet 

23 the standards of paragraph (1). 

24 ‘‘(C) GUIDELINES BY ADMINISTRATOR.— 

25 The Administrator, in consultation with the 


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1 Secretary, the Under Secretary, and the Task 

2 Force, within 1 year after the date of the enact3 ment of this paragraph shall issue guidelines 

4 for the approval of ballast water treatment 

5 technologies under this paragraph pursuant to 

6 the environmental soundness criteria under 

7 paragraph (11). 

8 ‘‘(D) CRITERIA BY ADMINISTRATOR.—The 

9 Administrator shall include in criteria promul10 gated under paragraph (11) specific criteria to 

11 grant environmental soundness exceptions such 

12 that, in an emergency situation, to achieve re13 ductions in significant and acute risk of trans14 fers of invasive species by vessels, the Secretary 

15 and the Administrator may jointly determine to 

16 make an exception to criteria of paragraph 

17 (11). To be eligible for an exception, approval 

18 for an experimental technology under this para19 graph shall be subject to all other provisions of 

20 this paragraph. 

21 ‘‘(E) CERTIFICATION BY ADMINIS22 TRATOR.—Not later than 90 days after receiv23 ing an application, the Administrator shall re24 view the application for compliance with envi25 ronmental soundness criteria under paragraph 


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1 (11) and certify the ballast water treatment 

2 system covered by the application as meeting 

3 environmental requirements if it indeed meets 

4 those criteria. The Administrator’s determina5 tion should be based on independent and peer6 reviewed information. 

7 ‘‘(F) APPROVAL OR DISAPPROVAL BY SEC8 RETARY.—Not later than 180 days after receiv9 ing an application, the Secretary shall— 

10 ‘‘(i) determine if the ballast water 

11 treatment system covered by the applica12 tion meets the requirements of this sub13 section; 

14 ‘‘(ii) approve or disapprove the appli15 cation; and 

16 ‘‘(iii) provide the applicant written no17 tice of the approval or disapproval. 

18 ‘‘(G) APPEAL PROCESS.—As part of the 

19 guidelines issued under this paragraph, the Sec20 retary shall establish a process for applicants 

21 receiving a notice of disapproval to appeal the 

22 Secretary’s decision. 

23 ‘‘(H) CERTIFICATION BY ADMINISTRATOR

24 REQUIRED.—The Secretary shall approve and 

25 certify a ballast water treatment system only if 


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1 the Administrator certifies the system as meet2 ing the criteria of paragraph (11). 

3 ‘‘(I) CONDITIONS OF USE OF APPROVED

4 SYSTEMS.—As determined by the Secretary in 

5 consultation with the Administrator and the 

6 Under Secretary, approved ballast water treat7 ment systems shall be used only for voyage pat8 terns, durations, or any other characteristic 

9 that may affect the effectiveness or environ10 mental soundness of the ballast water treatment 

11 system covered by the application. 

12 ‘‘(J) DETERMINATION OF VESSELS TO USE

13 APPROVED SYSTEM.—Approved ballast water 

14 treatment systems may be applicable to a spe15 cific vessel or group of vessels as determined by 

16 the Secretary. 

17 ‘‘(K) VARIETY AND TYPE OF PARTICI18 PATING VESSELS.—The Secretary shall seek to 

19 ensure that a wide variety of vessel types and 

20 voyages are included in the program, but may 

21 not grant a delay under this paragraph to more 

22 than 5 percent of the vessels to which this sub23 section applies. 

24 ‘‘(L) EXEMPTIONS.—A vessel operating en 

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1 clusive economic zone of the United States that 

2 declares to have no ballast on board or is 

3 claimed to be carrying only umpumpable quan4 tities of ballast are exempt from the require5 ments of subparagraph (K). 

6 ‘‘(M) TERM OF CERTIFICATION.—The cer7 tification of an approved ballast water treat8 ment system shall be valid only for the lesser of 

9 the following: 

10 ‘‘(i) The expected life of the ballast 

11 water treatment system. 

12 ‘‘(ii) 10 years. 

13 ‘‘(iii) Until such time as the Secretary 

14 or Administrator (as appropriate) deter15 mines that, based on available information, 

16 the ballast water treatment system fails to 

17 meet the requirements of this subsection. 

18 ‘‘(N) TERMINATION OF CERTIFICATION.— 

19 The Secretary may terminate the certification 

20 of a vessel under this subsection if participation 

21 of the vessel in the program is terminated with22 out the consent of the Secretary. 

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1 ator of a vessel shall collect and report such in2 formation requested by the Secretary regarding 

3 the operational and biological effectiveness of 

4 the treatment through sampling of the intake 

5 and discharge ballast. 

6 ‘‘(P) ANNUAL EVALUATION; REVOCATION

7 OF CERTIFICATION.—The Secretary, in con8 sultation with the Administrator and the Under 

9 Secretary, shall establish an annual evaluation 

10 process to determine if approved experimental 

11 technology is effective or causing harm to the 

12 environment. If the technology is not effective 

13 or causes harm to the environment, then the 

14 Secretary shall revoke the certification. 

15 ‘‘(Q) FEES.—The Secretary, with concur16 rence of the Administrator, may establish fees 

17 for processing the application. 

18 ‘‘(11) ENVIRONMENTAL SOUNDNESS CRITERIA

19 FOR BALLAST WATER TREATMENT SYSTEMS.— 

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

21 shall include in criteria promulgated under sec22 tion 1202(k)(1) specific criteria— 

23 ‘‘(i) to ensure environmental sound24 ness of ballast water treatment systems; 

25 and 


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1 ‘‘(ii) to grant environmental sound2 ness exceptions under subparagraph (B). 

3 ‘‘(B) EXCEPTIONS.—In reviewing applica4 tions under paragraph (10) in an emergency 

5 situation to achieve reductions in significant 

6 and acute risk of transfers of invasive species 

7 by vessels, the Secretary and the Administrator 

8 may jointly determine to make an exception to 

9 criteria described in subparagraph (A)(i). 

10 ‘‘(12) INCENTIVES FOR USE OF BALLAST

11 WATER TREATMENT SYSTEMS.—The Secretary, the 

12 Secretary of Transportation, and the Administrator 

13 shall assist owners or operators of vessels that seek 

14 to obtain experimental approval for installation of 

15 ballast water treatment systems, including through 

16 providing guidance on— 

17 ‘‘(A) a sampling protocol and test program 

18 for cost effective treatment evaluation; 

19 ‘‘(B) sources of sampling equipment and 

20 field biological expertise; and 

21 ‘‘(C) examples of shipboard evaluation 

22 studies. 

23 ‘‘(13) SELECTION OF TECHNOLOGIES AND

24 PRACTICES.—In selecting technologies and practices 

25 for shipboard demonstration under section 1104(b), 


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1 the Secretary of the Interior and the Secretary of 

2 Commerce shall give priority consideration to tech3 nologies and practices that have received or are in 

4 the process of receiving certification under para5 graph (10). 

6 ‘‘(14) ANNUAL SUMMARIES ON PERFORMANCE

7 OF BALLAST WATER TREATMENT TECHNOLOGIES.— 

8 ‘‘(A) ANNUAL SUMMARIES.—The Secretary 

9 shall annually summarize, and make available 

10 to interested persons, all available information 

11 on the performance of technologies proposed for 

12 ballast water treatment to facilitate the applica13 tion process for experimental approval for bal14 last water treatment. 

15 ‘‘(B) PUBLICATION OF OTHER INFORMA16 TION.—The Administrator, in consultation with 

17 the Invasive Species Council, shall publish not 

18 later than 1 year after the date of the enact19 ment of this paragraph and update annually— 

20 ‘‘(i) a list of environmentally sound 

21 treatment methods that meet the require22 ments of this section; 

23 ‘‘(ii) accompanying research that sup24 ports the environmental soundness of each 

25 approved treatment method; and 


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1 ‘‘(iii) explicit guidelines under which 

2 each treatment method can be used in an 

3 environmentally sound manner. 

4 ‘‘(C) REPORTS.—The Invasive Species 

5 Council and the Task Force shall include the 

6 published information in the reports submitted 

7 under section 1201(f)(2)(B). 

8 ‘‘(15) CRITERIA FOR ADEQUACY AND EFFEC9 TIVENESS.—Not later than 1 year after the date of 

10 the enactment of this paragraph and every 3 years 

11 thereafter, the Task Force shall submit to the Sec12 retary criteria for determining the adequacy and ef13 fectiveness of all regulations promulgated under this 

14 section. 

15 ‘‘(16) HIGH-RISK VESSELS.— 

16 ‘‘(A) VESSEL LIST.—Within 1 year after 

17 the date of enactment of the Prevention of 

18 Aquatic Invasive Species Act of 2006, the Sec19 retary shall initiate a list, in consultation with 

20 States, of vessels that, due to factors such as 

21 the origin of their voyages, the frequency of 

22 their voyages, the volume of ballast water they 

23 carry, the biological makeup of the ballast 

24 water, and the fact that they frequently dis25 charge unexchanged or improperly exchanged 


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1 ballast water pursuant to an exception under 

2 subsection (f), pose a relatively high risk of in3 troducing aquatic invasive species into the wa4 ters of those States. 

5 ‘‘(B) INCENTIVE PROGRAMS.—The Sec6 retary shall— 

7 ‘‘(i) give priority to vessels on the list 

8 for participation in pilot programs de9 scribed in paragraph (10); and 

10 ‘‘(ii) encourage Federal and State 

11 technology development programs or other 

12 incentives (whether positive or negative) to 

13 give priority to such vessels in order to en14 courage the adoption of ballast water 

15 treatment technology by those vessels con16 sistent with the requirements of this sec17 tion on an expedited basis. 

18 ‘‘(17) QUALIFIED EXEMPTIONS.— 

19 ‘‘(A) IN GENERAL.—A vessel operating en20 tirely on the Great Lakes or in enclosed aquatic 

21 ecosystems designated under subsection (f)(10) 

22 shall be granted an exemption from the require23 ments of this subsection if the vessel meets re24 quirements prescribed by the Secretary. 


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1 ‘‘(B) GUIDELINES ESTABLISHING PROC2 ESS.—The Secretary, in consultation with the 

3 Administrator and the Task Force, shall issue 

4 guidelines establishing a process for certifying 

5 vessels as exempt under this paragraph. The 

6 guidelines shall ensure that ships receiving an 

7 exemption carry only ballast water and sedi8 ment from the enclosed aquatic ecosystem in 

9 which the vessel operates. 

10 ‘‘(C) LIMITATION ON EXEMPTIONS.—The 

11 Secretary shall not issue an exemption under 

12 this paragraph if the exemption would increase 

13 the risk of the invasion and spread of aquatic 

14 invasive species relative to a situation where an 

15 applicable vessel complies with the requirements 

16 of this subsection. 

17 ‘‘(D) REVIEW OF EXEMPTIONS.— 

18 ‘‘(i) REQUIRED REVIEW.—The Sec19 retary shall review any exemption granted 

20 under this paragraph at least as often as 

21 every 2 years, and shall approve or revoke 

22 the exemption based on the review and the 

23 requirements of this paragraph. 


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1 ‘‘(ii) DISCRETIONARY REVIEW.—The 

2 Secretary may review an exemption at any 

3 time. 

4 ‘‘(iii) REVIEW UPON REQUEST.—The 

5 Administrator or the Task Force may re6 quest a review of an exemption at any 

7 time. Upon receipt of such a request, the 

8 Secretary shall complete a review within 14 

9 days. 

10 ‘‘(h) WARNINGS CONCERNING BALLAST WATER UP11 TAKE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall notify 

13 vessel owners and operators of any area in waters 

14 subject to the jurisdiction of the United States in 

15 which vessels should not uptake ballast water due to 

16 known conditions. 

17 ‘‘(2) CONTENTS.—The notice shall include— 

18 ‘‘(A) the coordinates of the area; and 

19 ‘‘(B) if possible, the location of alternative 

20 areas for the uptake of ballast water. 

21 ‘‘(i) SEDIMENT MANAGEMENT.— 

22 ‘‘(1) IN GENERAL.—The operator of a vessel to 

23 which this section applies may not remove or dispose 

24 of sediment from spaces designed to carry ballast 

25 water except— 


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1 ‘‘(A) in accordance with this subsection 

2 and the aquatic invasive species plan required 

3 under subsection (c); and 

4 ‘‘(B) more than 200 nautical miles from 

5 the nearest point of land in the United States 

6 or into a reception facility that meets the re7 quirements of paragraph (3). 

8 ‘‘(2) DESIGN REQUIREMENTS.— 

9 ‘‘(A) NEW VESSELS.—After December 31, 

10 2008, it shall be unlawful to construct a vessel 

11 in the United States to which this section ap12 plies unless that vessel is designed and con13 structed, in accordance with regulations pre14 scribed under subparagraph (C), in a manner 

15 that— 

16 ‘‘(i) minimizes the uptake and entrap17 ment of sediment; 

18 ‘‘(ii) facilitates removal of sediment; 

19 and 

20 ‘‘(iii) provides for safe access for sedi21 ment removal and sampling. 

22 ‘‘(B) EXISTING VESSELS.—Every vessel to 

23 which this section applies that was constructed 

24 before January 1, 2009, shall be modified be25 fore January 1, 2009, to the extent practicable, 


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1 to achieve the objectives described in clauses (i), 

2 (ii), and (iii) of subparagraph (A). 

3 ‘‘(C) REGULATIONS.—The Secretary shall 

4 promulgate regulations establishing design and 

5 construction standards to achieve the objectives 

6 of subparagraph (A) and providing guidance for 

7 modifications and practices under subparagraph 

8 (B). The Secretary shall incorporate the stand9 ards and guidance in the regulations governing 

10 the aquatic invasive species plan. 

11 ‘‘(3) SEDIMENT RECEPTION FACILITIES.— 

12 ‘‘(A) STANDARDS.—The Administrator 

13 shall promulgate regulations governing facilities 

14 for the reception of vessel sediment from spaces 

15 designed to carry ballast water that provide for 

16 the disposal of such sediment in a way that 

17 does not impair or damage the environment, 

18 human health, or property or resources of the 

19 disposal area. The Administrator may not pre20 scribe standards under this subparagraph that 

21 are less stringent than any otherwise applicable 

22 Federal, State, or local law requirements. 

23 ‘‘(B) DESIGNATION.—The Administrator 

24 shall designate facilities for the reception of ves25 sel sediment that meet the requirements of the 


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1 regulations promulgated under subparagraph 

2 (A) at ports and terminals where ballast tanks 

3 are cleaned or repaired. 

4 ‘‘(j) EXAMINATIONS AND CERTIFICATIONS.— 

5 ‘‘(1) INITIAL EXAMINATION.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 examine vessels to which this section applies to 

8 determine whether— 

9 ‘‘(i) there is an aquatic invasive spe10 cies plan for the vessel that meets the re11 quirements of this section; and 

12 ‘‘(ii) the equipment used for ballast 

13 water and sediment management in ac14 cordance with the requirements of this sec15 tion and the regulations promulgated here16 under is installed and functioning properly. 

17 ‘‘(B) NEW VESSELS.—For vessels con18 structed on or after January 1, 2009, the Sec19 retary shall conduct the examination required 

20 by subparagraph (A) before the vessel is placed 

21 in service. 

22 ‘‘(C) EXISTING VESSELS.—For vessels con23 structed before January 1, 2009, the Secretary 

24 shall— 


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1 ‘‘(i) conduct the examination required 

2 by subparagraph (A) before the date on 

3 which subsection (g)(1) applies to the ves4 sel according to the schedule in subsection 

5 (g)(3); and 

6 ‘‘(ii) inspect the vessel’s ballast water 

7 record book required by subsection (d). 

8 ‘‘(D) FOREIGN VESSELS.—In the case of a 

9 foreign vessel (as defined in section 2101(12) of 

10 title 46, United States Code), the Secretary 

11 shall perform the examination required by this 

12 paragraph the first time the vessel enters a 

13 United States port. 

14 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec15 retary shall examine vessels no less frequently than 

16 once each year to ensure vessel compliance with the 

17 requirements of this section. 

18 ‘‘(3) INSPECTION AUTHORITY.—The Secretary 

19 may carry out such inspections of any vessel to 

20 which this section applies at any time, including the 

21 taking of ballast water samples, to ensure the ves22 sel’s compliance with this Act. 

23 ‘‘(4) REQUIRED CERTIFICATE.—If, on the basis 

24 of an initial examination under paragraph (1) the 

25 Secretary finds that a vessel complies with the reVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 quirements of this section and the regulations pro2 mulgated hereunder, the Secretary shall issue a cer3 tificate under this paragraph as evidence of such 

4 compliance. The certificate shall be valid for a period 

5 of not more than 5 years, as specified by the Sec6 retary. The certificate or a true copy shall be main7 tained on board the vessel. 

8 ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the 

9 Secretary finds, on the basis of an examination 

10 under paragraph (1) or paragraph (2), sampling 

11 under paragraph (3), or any other information, that 

12 a vessel is being operated in violation of the require13 ments of this section and the regulations promul14 gated hereunder, the Secretary shall— 

15 ‘‘(A) notify— 

16 ‘‘(i) the master of the vessel; and 

17 ‘‘(ii) the captain of the port at the 

18 vessel’s next port of call; and 

19 ‘‘(B) take such other action as may be ap20 propriate. 

21 ‘‘(6) COMPLIANCE MONITORING.—The Sec22 retary shall by regulation establish sampling proce23 dures to monitor compliance with the requirements 

24 of this section. 


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1 ‘‘(7) EDUCATION AND TECHNICAL ASSISTANCE

2 PROGRAMS.—The Secretary may carry out education 

3 and technical assistance programs and other meas4 ures to promote compliance with the requirements 

5 issued under this section. 

6 ‘‘(k) DETENTION OF VESSELS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, by notice to 

8 the owner, charterer, managing operator, agent, 

9 master, or other individual in charge of a vessel, 

10 may detain that vessel if the Secretary has reason11 able cause to believe that— 

12 ‘‘(A) the vessel is a vessel to which this 

13 section applies; and 

14 ‘‘(B) the vessel does not comply with the 

15 requirements of this section or of the regula16 tions issued hereunder or is being operated in 

17 violation of such requirements. 

18 ‘‘(2) CLEARANCE.— 

19 ‘‘(A) IN GENERAL.—A vessel detained 

20 under paragraph (1) may obtain clearance 

21 under section 4197 of the Revised Statutes (46 

22 U.S.C. App. 91) only if the violation for which 

23 it was detained has been corrected. 

24 ‘‘(B) WITHDRAWAL.—If the Secretary 

25 finds that a vessel detained under paragraph 


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1 (1) has received a clearance under section 4197 

2 of the Revised Statutes (46 U.S.C. App. 91) be3 fore it was detained under paragraph (1), the 

4 Secretary shall withdraw, withhold, or revoke 

5 the clearance. 

6 ‘‘(l) SANCTIONS.— 

7 ‘‘(1) CIVIL PENALTIES.—Any person who vio8 lates a regulation promulgated under this section 

9 shall be liable for a civil penalty in an amount not 

10 to exceed $50,000. Each day of a continuing viola11 tion constitutes a separate violation. A vessel oper12 ated in violation of the regulations is liable in rem 

13 for any civil penalty assessed under this subsection 

14 for that violation. 

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

16 knowingly violates the regulations promulgated 

17 under this section is guilty of a class C felony. 

18 ‘‘(3) REVOCATION OF CLEARANCE.—Except as 

19 provided in subsection (k)(2), upon request of the 

20 Secretary, the Secretary of the Treasury shall with21 hold or revoke the clearance of a vessel required by 

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

23 App. 91), if the owner or operator of that vessel is 

24 in violation of the regulations issued under this sec25 tion. 


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1 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub2 section does not apply to a failure to exchange bal3 last water if— 

4 ‘‘(A) the master of a vessel discharges bal5 last water in accordance with subsection (f)(4); 

6 and 

7 ‘‘(B) the Secretary determines that the re8 quirements of subsection (f)(4) are met. 

9 ‘‘(m) ENFORCEMENT.— 

10 ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec11 retary finds, after notice and an opportunity for a 

12 hearing, that a person has violated any provision of 

13 this section or any regulation promulgated here14 under, the Secretary may assess a civil penalty for 

15 that violation. 

16 ‘‘(2) CIVIL ACTIONS.—At the request of the 

17 Secretary, the Attorney General may bring a civil 

18 action in an appropriate district court of the United 

19 States to enforce this section, or any regulation pro20 mulgated hereunder. Any court before which such an 

21 action is brought may award appropriate relief, in22 cluding temporary or permanent injunctions and 

23 civil penalties. 

24 ‘‘(n) COORDINATION WITH OTHER AGENCIES.—The 

25 Secretary is encouraged to use, with consent of the head 


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1 of the Federal or State agency concerned, the expertise, 

2 facilities, and personnel of appropriate Federal and State 

3 agencies and organizations that have routine contact with 

4 vessels, as determined by the Secretary. 

5 ‘‘(o) CONSULTATION WITH CANADA, MEXICO, AND

6 OTHER FOREIGN GOVERNMENTS.—In developing the 

7 guidelines issued and regulations promulgated under this 

8 section, the Secretary is encouraged to consult with the 

9 Government of Canada, the Government of Mexico, and 

10 any other government of a foreign country that the Sec11 retary, after consultation with the Task Force, determines 

12 to be necessary to develop and implement an effective 

13 international program for preventing the unintentional in14 troduction and spread of aquatic invasive species. 

15 ‘‘(p) INTERNATIONAL COOPERATION.—The Sec16 retary, in cooperation with the Under Secretary, the Sec17 retary of State, the Administrator, the heads of other rel18 evant Federal agencies, the International Maritime Orga19 nization of the United Nations, and the Commission on 

20 Environmental Cooperation established pursuant to the 

21 North American Free Trade Agreement, is encouraged to 

22 enter into negotiations with the governments of foreign 

23 countries to develop and implement an effective inter24 national program for preventing the unintentional intro25 duction and spread of aquatic invasive species, particularly 


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1 by seeking bilateral and multilateral agreements with Can2 ada (through the International Joint Commission), Mex3 ico, and other nations in the Wider Caribbean (as defined 

4 in the Convention for the Protection and Development of 

5 the Marine Environment of the Wider Caribbean, 

6 Cartagena Convention). 

7 ‘‘(q) NON-DISCRIMINATION.—The Secretary shall en8 sure that vessels registered outside of the United States 

9 do not receive more favorable treatment than vessels reg10 istered in the United States when the Secretary performs 

11 studies, reviews compliance, determines effectiveness, es12 tablishes requirements, or performs any other responsibil13 ities under this Act. 

14 ‘‘(r) SUPPORT FOR FEDERAL BALLAST WATER DEM15 ONSTRATION PROJECT.—In addition to amounts other16 wise available to the Maritime Administration, the Na17 tional Oceanographic and Atmospheric Administration, 

18 and the United States Fish and Wildlife Service for the 

19 Federal Ballast Water Demonstration Project, the Sec20 retary shall provide support for the conduct and expansion 

21 of the project, including grants for research and develop22 ment of innovative technologies for the management, 

23 treatment, and disposal of ballast water and sediment, for 

24 ballast water exchange, and for other vessel vectors of 

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1 thorized to be appropriated to the Secretary such sums 

2 as may be necessary for each of fiscal years 2007 through 

3 2011 to carry out this subsection. 

4 ‘‘(s) CONSULTATION WITH TASK FORCE.—The Sec5 retary shall consult with the Task Force in carrying out 

6 this section. 

7 ‘‘(t) PREEMPTION.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2) but notwithstanding any other provision of 

10 law, the provisions of subsections (f) and (g) super11 sede any provision of State or local law that is in12 consistent with the requirements of those sub13 sections or that conflicts with the requirements of 

14 those subsections. The imposition, by State or local 

15 law, of greater penalties or fees for acts or omissions 

16 that are violations of such law and also violations of 

17 this Act shall not be considered to be inconsistent 

18 with, or to conflict with, the requirements of those 

19 subsections. Nothing in the preceding sentence limits 

20 the scope of State or local law provisions that are 

21 not to be considered to be inconsistent with, or to 

22 conflict with, the requirements of those subsections 

23 ‘‘(2) RECEPTION FACILITIES.—The standards 

24 prescribed by the Administrator or the Secretary 

25 under subsection (g)(2) do not supersede any more 


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1 stringent standard under any otherwise applicable 

2 Federal, State, or local law. 

3 ‘‘(3) APPLICATION WITH OTHER STATUTES.— 

4 This section provides the Federal authority for ad5 dressing aquatic invasive species in ballast water or 

6 sediment. If there is a conflict between any other7 wise applicable provision of Federal law and the re8 quirements of this section, the provisions of this sec9 tion shall control to the extent that such require10 ments relate to vessels with respect to aquatic 

11 invasive species in ballast water or sediment. 

12 ‘‘(u) REGULATIONS.— 

13 ‘‘(1) IN GENERAL.—The Secretary, after con14 sultation with the Administrator, shall issue such 

15 regulations as may be necessary initially to carry out 

16 this section within 1 year after the date of enact17 ment of the Prevention of Aquatic Invasive Species 

18 Act of 2006. 

19 ‘‘(2) JUDICIAL REVIEW.— 

20 ‘‘(A) 120-DAY RULE.—An interested per21 son may bring an action for review of a final 

22 regulation promulgated under this section by 

23 the Secretary of the department in which the 

24 Coast Guard is operating, or by the Adminis25 trator, in the United States Circuit Court of 


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1 Appeals for the Federal judicial district in 

2 which that person resides or transacts business 

3 which is directly affected by that regulation 

4 only if that action is filed within— 

5 ‘‘(i) 120 days after the date on which 

6 the regulation is promulgated; or 

7 ‘‘(ii) more than 120 days after that 

8 date if the action is based on grounds that 

9 arose after that 120-day period. 

10 ‘‘(B) REVIEW IN ENFORCEMENT PRO11 CEEDINGS.—A regulation for which review 

12 could have been obtained under subparagraph 

13 (A) of this paragraph is not subject to judicial 

14 review in any civil or criminal proceeding for 

15 enforcement.’’. 

16 (b) DEFINITIONS.—Section 1003 of the Nonindige17 nous Aquatic Nuisance Prevention and Control Act of 

18 1990 (16 U.S.C. 4702) is amended— 

19 (1) by redesignating— 

20 (A) paragraph (1) and (2) as paragraphs 

21 (2) and (3), respectively; 

22 (B) paragraph (3) as paragraph (5); 

23 (C) paragraphs (4), (5), (6), (7), (8), (9), 

24 and (10) as paragraphs (9), (10), (11), (12), 

25 (13), (14), and (15), respectively; 


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1 (D) paragraphs (11) and (12) as para2 graphs (18) and (19), respectively; 

3 (E) paragraphs (13), (14), and (15) as 

4 paragraphs (21), (22), and (23), respectively; 

5 (F) paragraph (16) as paragraph (27); and 

6 (G) paragraph (17) as paragraph (24), 

7 and moving it so as to appear immediately after 

8 paragraph (23), as redesignated; 

9 (2) by striking— 

10 (A) ‘‘nuisance’’ in paragraph (2), as redes11 ignated, and inserting ‘‘invasive’’; 

12 (B) ‘‘nuisance’’ in paragraph (11), as re13 designated, and inserting ‘‘invasive’’; 

14 (C) ‘‘Nuisance’’ in paragraph (21), as re15 designated, and inserting ‘‘Invasive’’; and 

16 (D) ‘‘Canandian’’ in paragraph (12), as re17 designated, and inserting ‘‘Canadian’’; 

18 (3) by inserting before paragraph (2) the fol19 lowing: 

20 ‘‘(1) ‘Administrator’ means the Administrator 

21 of the Environmental Protection Agency;’’; 

22 (4) by striking paragraph (5), as redesignated, 

23 and inserting after paragraph (3), as redesignated, 

24 the following: 


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1 ‘‘(4) ‘ballast tank’ means any tank, space, or 

2 compartment on a vessel that is used for carrying, 

3 loading, or discharging ballast water, including any 

4 multi-use tank, space, or compartment designed to 

5 allow carriage of ballast water; 

6 ‘‘(5) ‘ballast water’— 

7 ‘‘(A) except as provided in subparagraph 

8 (B), means— 

9 ‘‘(i) water taken on board a vessel to 

10 control trim, list, draught, stability, or 

11 stresses of the vessel, including matter sus12 pended in such water; and 

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

14 tank during cleaning, maintenance, or 

15 other operations; and 

16 ‘‘(B) does not include water that— 

17 ‘‘(i) at the time of discharge, does not 

18 contain aquatic invasive species; and 

19 ‘‘(ii) was taken on board a vessel and 

20 used for a purpose described in subpara21 graph (A); 

22 ‘‘(6) ‘ballast water capacity’ means the total 

23 volumetric capacity of all ballast tanks on a vessel; 

24 ‘‘(7) ‘ballast water management’ means me25 chanical, physical, chemical, and biological processes 


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1 used, either singularly or in combination, to remove, 

2 render harmless, or avoid the uptake or discharge of 

3 harmful aquatic organisms and pathogens within 

4 ballast water and sediment; 

5 ‘‘(8) ‘constructed’ means a state of construction 

6 of a vessel at which— 

7 ‘‘(A) the keel is laid; 

8 ‘‘(B) construction identifiable with the spe9 cific vessel begins; 

10 ‘‘(C) assembly of the vessel has begun 

11 comprising at least 50 tons or 1 percent of the 

12 estimated mass of all structural material of the 

13 vessel, whichever is less; or 

14 ‘‘(D) the vessel undergoes a major conver15 sion;’’; 

16 (5) by inserting after paragraph (15), as redes17 ignated, the following: 

18 ‘‘(16) ‘Invasive Species Council’ means the 

19 interagency council established by section 3 of Exec20 utive Order No. 13112 (42 U.S.C. 4321 note); 

21 ‘‘(17) ‘major conversion’ means a conversion of 

22 a vessel, that— 

23 ‘‘(A) changes its ballast water carrying ca24 pacity by at least 15 percent; 

25 ‘‘(B) changes the vessel class; 


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1 ‘‘(C) is projected to prolong the vessel’s life 

2 by at least 10 years (as determined by the Sec3 retary); or 

4 ‘‘(D) results in modifications to the vessel’s 

5 ballast water system, except— 

6 ‘‘(i) component replacement-in-kind; 

7 or 

8 ‘‘(ii) conversion of a vessel to meet the 

9 requirements of section 1101(f);’’; 

10 (6) by inserting after paragraph (19), as redes11 ignated, the following: 

12 ‘‘(20) ‘sediment’ means matter that has settled 

13 out of ballast water within a vessel;’’; 

14 (7) by inserting after paragraph (24), as redes15 ignated, the following: 

16 ‘‘(25) ‘United States port’ means a port, river, 

17 harbor, or offshore terminal under the jurisdiction of 

18 the United States, including a port located in Puerto 

19 Rico, Guam, the Northern Marianas, or the United 

20 States Virgin Islands; 

21 ‘‘(26) ‘vessel of the Armed Forces’ means— 

22 ‘‘(A) any vessel owned or operated by the 

23 Department of Defense, other than a time or 

24 voyage chartered vessel; and 


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1 ‘‘(B) any vessel owned or operated by the 

2 Department of Homeland Security that is des3 ignated by the Secretary of the department in 

4 which the Coast Guard is operating as a vessel 

5 equivalent to a vessel described in subparagraph 

6 (A);’’; 

7 (8) by striking the period at the end of para8 graph (24), as redesignated, and inserting a semi9 colon; and 

10 (9) by inserting after paragraph (27), as redes11 ignated, the following: 

12 ‘‘(28) ‘waters subject to the jurisdiction of the 

13 United States’ means navigable waters and the terri14 torial sea of the United States, the exclusive eco15 nomic zone, and the Great Lakes.’’. 

16 TITLE II—PREVENTION OF THE 

17 INTRODUCTION OF AQUATIC 

18 INVASIVE SPECIES BY OTHER 

19 PATHWAYS 

20 SEC. 201. COAST GUARD REPORTS AND STANDARDS ON 

21 OTHER SOURCES OF VESSEL-BORNE 

22 INVASIVE SPECIES. 

23 (a) REPORT ON HULL-FOULING AND OTHER VESSEL

24 SOURCES.—Within 180 days after the date of enactment 

25 of this Act, the Commandant of the Coast Guard shall 


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1 transmit a report to the Congress on vessel-related vectors 

2 of harmful aquatic organisms and pathogens other than 

3 ballast water and sediment, including vessel hulls and 

4 equipment, and from vessels equipped with ballast tanks 

5 that carry no ballast water on board. 

6 (b) BEST PRACTICES.— 

7 (1) STANDARDS AND PROCEDURES.—As soon 

8 as practicable, the Coast Guard shall develop and 

9 implement best practices standards and procedures 

10 designed to reduce the introduction of invasive spe11 cies into and within the United States from vessels 

12 and establish a timeframe for implementation of 

13 those standards and procedures by vessels, in addi14 tion to the mandatory requirements set forth in sec15 tion 1101 for ballast water. 

16 (2) INCLUDED STANDARDS.—Standards and 

17 procedures implemented under paragraph (1) should 

18 include designation of geographical locations for up19 take and discharge of untreated ballast water, as 

20 well as standards and procedures for other vessel 

21 vectors of aquatic invasive species. 

22 (3) REPORT ON STANDARDS AND PROCE23 DURES.—The Commandant of the Coast Guard shall 

24 transmit a report to the Congress describing the 

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1 mentation timeframe, together with any rec2 ommendations, including legislative recommenda3 tions if appropriate, the Commandant deems appro4 priate. 

5 (4) REGULATIONS.—The Secretary may pro6 mulgate regulations to incorporate and enforce 

7 standards and procedures developed under this sub8 section. 

9 (c) TRANSITING VESSELS.—Within 180 days after 

10 the date of enactment of this Act, the Commandant of 

11 the Coast Guard shall transmit a report to the Congress 

12 containing— 

13 (1) an assessment of the magnitude and poten14 tial adverse impacts of ballast water operations from 

15 foreign vessels designed, adapted, or constructed to 

16 carry ballast water that are transiting waters subject 

17 to the jurisdiction of the United States; and 

18 (2) recommendations, including legislative rec19 ommendations if appropriate, of options for address20 ing ballast water operations of those vessels. 

21 SEC. 202. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

22 Subtitle C of title I of the Nonindigenous Aquatic 

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

24 4721 et seq.) is amended by adding at the end the fol25 lowing: 


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

2 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH3 WAYS.—Not later than 2 years after the date of enactment 

4 of the Prevention of Aquatic Invasive Species Act of 2006, 

5 and every 3 years thereafter, the Task Force, in coordina6 tion with the Invasive Species Council and in consultation 

7 with representatives of States, industry, and other inter8 ested parties, shall, based on pathway surveys and other 

9 available research relating to the rates of introductions in 

10 waters of the United States— 

11 ‘‘(1) identify those pathways, other than ballast 

12 water and sediment, that pose the highest risk for 

13 introductions of invasive species, both nationally and 

14 on a region-by-region basis unless further managed; 

15 ‘‘(2) develop recommendations for management 

16 strategies for those high-risk pathways; 

17 ‘‘(3) include in the report to the Congress re18 quired under section 1201(f)(2)(B) a description of 

19 the identifications, strategies, and recommendations; 

20 and 

21 ‘‘(4) identify aquatic invasive species not yet in22 troduced into waters of the United States that are 

23 likely to be introduced into waters of the United 

24 States unless preventative measures are taken. 

25 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH26 WAYS.—Not later than 3 years after the date of enactment 


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1 of the Prevention of Aquatic Invasive Species Act of 2006, 

2 the Task Force or agencies of jurisdiction shall, to the 

3 maximum extent practicable, implement the strategies de4 scribed in subsection (a)(2).’’. 

5 SEC. 203. IMPORTATION OF LIVE AQUATIC ORGANISMS. 

6 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

9 ‘‘SEC. 1105. IMPORTATION OF LIVE AQUATIC ORGANISMS. 

10 ‘‘(a) REVIEW OF IMPORTED AQUATIC ORGANISMS.— 

11 Not later than 2 years after date of the enactment of the 

12 Prevention of Aquatic Invasive Species Act of 2006, the 

13 Invasive Species Council, in consultation with the Task 

14 Force and the regional panels convened under section 

15 1203, States, relevant Federal agencies, and affected in16 dustries, shall complete a review of the importation of live 

17 aquatic species into the United States. 

18 ‘‘(b) PURPOSE OF REVIEW.—The review under sub19 section (a) shall— 

20 ‘‘(1) identify live aquatic species imported into 

21 the United States that pose a risk to waters of the 

22 United States; 

23 ‘‘(2) consider the likelihood of the spread of live 

24 aquatic species imported into the United States by 


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1 human or natural means, both nationally and on a 

2 region-by-region basis; 

3 ‘‘(3) consider species, including pathogens, 

4 parasites, and free-living organisms, that may be 

5 transported in association with live aquatic orga6 nisms imported into the United States; 

7 ‘‘(4) designate species imported into the United 

8 States with high or moderate probability of spread9 ing if introduced into the waters of the United 

10 States; 

11 ‘‘(5) designate species with respect to which 

12 there is insufficient information to determine the 

13 level probability of spreading if introduced into the 

14 waters of the United States; and 

15 ‘‘(6) include recommendations to prevent the 

16 spread of live aquatic organisms imported into the 

17 United States throughout the waters of the United 

18 States. 

19 ‘‘(c) GUIDELINES.—Not later than 42 months after 

20 the date of the enactment of the Prevention of Aquatic 

21 Invasive Species Act of 2006, the Invasive Species Council 

22 shall issue guidelines for Federal agencies and States re23 sponsible for screening live aquatic organisms imported 

24 into the United States to prevent the introduction and 


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1 spread of species identified in the review under subsection 

2 (a). 

3 ‘‘(d) IMPLEMENTATION OF GUIDELINES.—Not later 

4 than 4 years after the date of the enactment of the Pre5 vention of Aquatic Invasive Species Act of 2006, the head 

6 of each Federal agency identified in the guidelines issued 

7 under subsection (c) shall implement the guidelines to the 

8 maximum extent possible. 

9 ‘‘(e) COORDINATION WITH STATES.—The Invasive 

10 Species Council and the heads of Federal agencies identi11 fied in the guidelines issued under with subsection (c) shall 

12 work cooperatively with States to prevent the introduction 

13 into waters of the United States of live aquatic organisms 

14 imported into the United States.’’. 

15 TITLE III—EARLY DETECTION; 

16 RAPID RESPONSE; CONTROL 

17 AND OUTREACH 

18 SEC. 301. EARLY DETECTION. 

19 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

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

23 ‘‘(a) EARLY DETECTION.— 

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

25 after the date of enactment of the Prevention of 


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1 Aquatic Invasive Species Act of 2006, the Task 

2 Force, in consultation with the Invasive Species 

3 Council, shall develop and promulgate a set of sam4 pling protocols, a geographic plan, and budget to 

5 support a national system of ecological surveys to 

6 rapidly detect recently established aquatic invasive 

7 species in waters of the United States. 

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

9 budget shall, at a minimum— 

10 ‘‘(A) address a diversity of aquatic eco11 systems of the United States (including inland 

12 and coastal waters); 

13 ‘‘(B) encourage State, local, port, and trib14 al participation in monitoring; 

15 ‘‘(C) balance scientific rigor with practica16 bility, timeliness, and breadth of sampling activ17 ity; 

18 ‘‘(D) consider the pathways and/or orga19 nisms identified under section 1210; 

20 ‘‘(E) include a capacity to evaluate the im21 pacts of the importation of live aquatic orga22 nisms into the United States; and 

23 ‘‘(F) include clear lines of communication 

24 with appropriate Federal, State, and regional 

25 rapid response authorities. 


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

2 years after the date of enactment of the Prevention 

3 of Aquatic Invasive Species Act of 2006, the Direc4 tor, the Under Secretary, and the Administrator (in 

5 consultation with the Invasive Species Council and 

6 in coordination with other agencies) shall implement 

7 a national system of ecological surveys that is— 

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

9 local, port, tribal authorities, and other non10 Federal entities (such as colleges and univer11 sities); and 

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

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

14 any public comment.’’. 

15 SEC. 302. RAPID RESPONSE. 

16 Subtitle C of title I of the Nonindigenous Aquatic 

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

18 4721 et seq.) is further amended by adding at the end 

19 the following: 

20 ‘‘SEC. 1211. RAPID RESPONSE. 

21 ‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT22 EGIES.— 

23 ‘‘(1) EMERGENCY FUNDS FOR RAPID RE24 SPONSE.—A State that has in effect a rapid re25 sponse contingency strategy for invasive species in 


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1 the State, including rapid assessment capabilities, 

2 that is approved under paragraph (2) shall be eligi3 ble to receive emergency funding to remain available 

4 until expended to implement rapid response meas5 ures for aquatic invasive species under the strategy, 

6 subject to renewal, as determined by the Secretary 

7 of the Interior and the Secretary in accordance with 

8 paragraph (2). 

9 ‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN10 GENCY STRATEGIES.—The Task Force, in consulta11 tion with the Invasive Species Council, shall approve 

12 a State rapid response contingency strategy de13 scribed in paragraph (1) if the strategy— 

14 ‘‘(A) identifies all key governmental and 

15 nongovernmental partners to be involved in car16 rying out the strategy; 

17 ‘‘(B) clearly designates the authorities and 

18 responsibilities of each partner, including the 

19 authority of any State or government of an In20 dian tribe to distribute emergency funds; 

21 ‘‘(C) specifies criteria for rapid response 

22 measures, including a diagnostic system that— 

23 ‘‘(i) distinguishes cases in which rapid 

24 response has a likelihood of success and 


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1 cases in which rapid response has no likeli2 hood of success; 

3 ‘‘(ii) distinguishes rapid response 

4 measures from ongoing management and 

5 control of established populations of aquat6 ic invasive species; and 

7 ‘‘(iii) distinguishes instances in which 

8 the rate and probability of organism dis9 persal is significantly altered by vessel 

10 movements; 

11 ‘‘(D) includes an early detection strategy 

12 that supports or complements the early detec13 tion and monitoring system developed under 

14 section 1106; 

15 ‘‘(E) provides for a monitoring capability 

16 to assess— 

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

18 ‘‘(ii) the effectiveness of rapid re19 sponse efforts; 

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

21 integrated into the State aquatic invasive spe22 cies management plan approved under section 

23 1204; 

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

25 not use rapid response tools that do not meet 


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1 environmental criteria developed under sub2 section (e)(4); 

3 ‘‘(H) includes a public education and out4 reach component directed at— 

5 ‘‘(i) potential pathways for spread of 

6 aquatic invasive species; and 

7 ‘‘(ii) persons involved in industries 

8 and recreational activities associated with 

9 those pathways; and 

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

11 vessels, conforms with guidelines issued by the 

12 Secretary under subsection (c)(2). 

13 ‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY

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

15 the Invasive Species Council and in consultation with the 

16 regional panels of the Task Force established under sec17 tion 1203, shall encourage the development of regional 

18 rapid response contingency strategies that— 

19 ‘‘(1) provide a consistent and coordinated ap20 proach to rapid response; and 

21 ‘‘(2) are approved by— 

22 ‘‘(A) the Secretary; and 

23 ‘‘(B) the Governors and Indian tribes hav24 ing jurisdiction over areas within a region. 


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1 ‘‘(c) MODEL RAPID RESPONSE CONTINGENCY

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

3 of enactment of the Prevention of Aquatic Invasive Species 

4 Act of 2006— 

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

6 the Invasive Species Council and the regional panels 

7 of the Task Force established under section 1203, 

8 shall develop— 

9 ‘‘(A) a model State rapid response contin10 gency strategy for aquatic invasive species, in11 cluding rapid assessment capability, that in12 cludes, to the maximum extent practicable, the 

13 components listed under subparagraphs (A) 

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

15 ‘‘(B) a model regional rapid response con16 tingency strategy for aquatic invasive species; 

17 and 

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

19 Task Force and the regional panels, shall issue 

20 guidelines that describe vessel-related requirements 

21 that may be used in a rapid response contingency 

22 strategy, including specific requirements for strategy 

23 approved under this section. 

24 ‘‘(d) COST SHARING.— 


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1 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

2 STRATEGIES.—The Federal share of the cost of ac3 tivities carried out under a State rapid response con4 tingency strategy approved under subsection (a) 

5 shall be not less than 50 percent. 

6 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

7 STRATEGIES.—The Federal share of the cost of ac8 tivities carried out under a regional rapid response 

9 contingency strategy approved under subsection (b) 

10 shall be not less than 75 percent. 

11 ‘‘(3) IN-KIND CONTRIBUTIONS.—States or re12 gions that receive Federal funds for rapid response 

13 activities may provide matching funds in the form of 

14 in-kind contributions. 

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

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

17 than 1 year after the date of enactment of the Pre18 vention of Aquatic Invasive Species Act of 2006, the 

19 Invasive Species Council, in coordination with the 

20 Task Force and the heads of appropriate Federal 

21 agencies, shall establish a Federal rapid response 

22 team for each of the 10 Federal regions that com23 prise the Standard Federal Regional Boundary Sys24 tem. 


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

2 response team shall, at a minimum— 

3 ‘‘(A) implement rapid eradication or con4 trol responses for newly detected aquatic 

5 invasive species on Federal and tribal land; 

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

7 rapid responses for newly detected aquatic 

8 invasive species on non-Federal land at the re9 quest of a State, Indian tribe, or group of 

10 States or Indian tribes; 

11 ‘‘(C) provide training and expertise for 

12 State, tribal, or regional rapid responders; 

13 ‘‘(D) provide central sources of informa14 tion for rapid responders; 

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

16 rapid response volunteers; and 

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

18 activity with respect to an aquatic noxious weed 

19 listed under section 412(f) of the Plant Protec20 tion Act (7 U.S.C. 7712(f)), include representa21 tives of the Animal and Plant Health Inspection 

22 Service. 

23 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

24 RAPID RESPONSE WARRANTING FEDERAL ASSIST25 ANCE.—Not later than 1 year after the date of enVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 actment of the Prevention of Aquatic Invasive Spe2 cies Act of 2006, the Task Force, with the concur3 rence of the Invasive Species Council, shall develop 

4 criteria to identify cases of rapid response war5 ranting Federal assistance under this subsection, in6 cluding criteria relating to, at a minimum— 

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

8 aquatic invasive species may be managed suc9 cessfully by rapid response; 

10 ‘‘(B) the extent to which rapid response ef11 forts may differ from ongoing management and 

12 control; and 

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

14 nonindigenous aquatic invasive species are con15 sidered to be an acute or chronic threat to— 

16 ‘‘(i) biodiversity of native fish and 

17 wildlife; 

18 ‘‘(ii) habitats of native fish and wild19 life; or 

20 ‘‘(iii) human health. 

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

22 than 1 year after the date of enactment of the Pre23 vention of Aquatic Invasive Species Act of 2006, the 

24 Administrator, in consultation with the Invasive Spe25 cies Council, the Secretary of Transportation, the 


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1 Task Force (including regional panels of the Task 

2 Force established under section 1203), the Director, 

3 and the Director of the National Marine Fisheries 

4 Service, shall develop environmental criteria to mini5 mize nontarget environmental impacts of rapid re6 sponses carried out pursuant to this section.’’. 

7 SEC. 303. DISPERSAL BARRIERS. 

8 Section 1202 of the Nonindigenous Aquatic Nuisance 

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

10 amended— 

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

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

13 (2) by inserting after subsection (i) the fol14 lowing: 

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

16 ‘‘(1) CHICAGO RIVER SHIP AND SANITARY

17 CANAL DISPERSAL BARRIER PROJECT.— 

18 ‘‘(A) IN GENERAL.—The Assistant Sec19 retary, with the concurrence of the Adminis20 trator, shall complete construction of, operate, 

21 and maintain, the Chicago River Ship and Sani22 tary Canal dispersal barrier project. 

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

24 shall be carried out in consultation with the apVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 propriate Federal, State, local, and other non2 governmental entities. 

3 ‘‘(C) CONSTRUCTION.—The completed bar4 rier project shall include additions to the dis5 persal barrier in existence on the date of enact6 ment of the Prevention of Aquatic Invasive Spe7 cies Act of 2006, including— 

8 ‘‘(i) backup power; 

9 ‘‘(ii) a research vessel launching 

10 crane; 

11 ‘‘(iii) replacement electrodes; 

12 ‘‘(iv) other barrier elements, as avail13 able and appropriate; 

14 ‘‘(v) an acoustic monitoring system; 

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

16 ‘‘(vii) a second long-service life dis17 persal barrier. 

18 ‘‘(D) FEASIBILITY STUDY OF CHICAGO

19 RIVER SHIP AND SANITARY CANAL.— 

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

21 years after the date of enactment of the 

22 Prevention of Aquatic Invasive Species Act 

23 of 2006, the Assistant Secretary, in con24 sultation with appropriate Federal, State, 

25 local, and nongovernmental entities, shall 


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1 conduct a feasibility study of the full range 

2 of options available to prevent the spread 

3 of aquatic species through the Chicago 

4 River Ship and Sanitary dispersal barrier. 

5 ‘‘(ii) MATTERS TO BE STUDIED.—The 

6 study shall— 

7 ‘‘(I) provide recommendations 

8 concerning additional and long-term 

9 measures necessary to improve the 

10 performance of the Chicago River 

11 Ship and Sanitary Canal dispersal 

12 barrier; and 

13 ‘‘(II) examine methods and meas14 ures necessary to achieve, to the max15 imum extent practicable, 100-percent 

16 efficacy of the barrier with respect to 

17 aquatic invasive species of fish and 

18 maximum efficacy of the barrier with 

19 respect to other taxa of aquatic 

20 invasive species. 

21 ‘‘(2) MONITORING PROGRAM.— 

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

23 year after the date of enactment of the Preven24 tion of Aquatic Invasive Species Act of 2006, 


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1 the Secretary of the Interior shall establish an 

2 interbasin and intrabasin monitoring program. 

3 ‘‘(B) REQUIRED ELEMENTS.—The moni4 toring program shall— 

5 ‘‘(i) track aquatic invasive species 

6 moving through the Chicago River Ship 

7 and Sanitary Canal, the Lake Champlain 

8 Canal, other interbasin waterways, and 

9 major river systems as recommended by re10 gional panels convened under section 1203; 

11 ‘‘(ii) assess the efficacy of dispersal 

12 barriers and other measures in preventing 

13 the spread of aquatic invasive species 

14 through the waterways; and 

15 ‘‘(iii) identify waterways suitable for 

16 dispersal barrier demonstration projects, in 

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

19 carried out before the date of enactment of 

20 the Prevention of Aquatic Invasive Species 

21 Act of 2006. 

22 ‘‘(C) REPORTS.—The Secretary of the In23 terior shall issue biennial reports on the find24 ings of the monitoring program. 


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1 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

2 ARMY CORPS OF ENGINEERS PROJECTS.—In devel3 oping projects involving interbasin waterways or 

4 other hydrologic alternations that could create path5 ways for aquatic invasive species, the Assistant Sec6 retary shall develop adequate prevention and mitiga7 tion plans for controlling the dispersal of aquatic 

8 invasive species. 

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

10 Lakes Environmental Research Laboratory of the 

11 National Oceanic and Atmospheric Administration 

12 shall provide technical assistance to appropriate enti13 ties to assist in the research conducted under this 

14 subsection. 

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

16 the date of enactment of the Prevention of Aquatic 

17 Invasive Species Act of 2006, the Assistant Sec18 retary and the Director shall jointly submit to the 

19 Congress a report that describes— 

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

21 and Sanitary Canal dispersal barrier project; 

22 and 

23 ‘‘(B) a plan to provide for additional dis24 persal barrier demonstration projects and fur25 ther research needs. 


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

2 Secretary, with the concurrence of the Adminis3 trator, and other relevant Federal agencies, shall— 

4 ‘‘(A) identify additional waterways suitable 

5 for the construction of new dispersal barriers 

6 (based on the monitoring program established 

7 under paragraph (2)); and 

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

9 dispersal barriers as necessary.’’. 

10 SEC. 304. ENVIRONMENTAL SOUNDNESS. 

11 Section 1202 of the Nonindigenous Aquatic Nuisance 

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

13 further amended by inserting after subsection (j) the fol14 lowing: 

15 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

16 AQUATIC INVASIVE SPECIES.— 

17 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

18 SOUNDNESS OF TREATMENT METHODS.— 

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

20 after the date of enactment of the Prevention of 

21 Aquatic Invasive Species Act of 2006, the Ad22 ministrator, in consultation and cooperation 

23 with the Secretary, the Invasive Species Coun24 cil, and the Task Force (including any regional 

25 panels of the Task Force) shall promulgate criVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 teria to evaluate the treatment methods de2 scribed in subparagraph (B) for the purpose of 

3 ensuring that the treatment methods pose no 

4 significant threat of adverse effect on human 

5 health, public safety, or the environment (in6 cluding air quality and the aquatic environ7 ment) that is acute, chronic, cumulative, or col8 lective. 

9 ‘‘(B) TREATMENT METHODS.—The treat10 ment methods referred to in subparagraph (A) 

11 are all mechanical, physical, chemical, biologi12 cal, and other treatment methods used in bodies 

13 of water of the United States (regardless of 

14 whether the bodies of water are navigable and 

15 regardless of the origin of the waters), to pre16 vent, treat, or respond to the introduction of 

17 aquatic invasive species. 

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

19 subparagraph (A), the Administrator shall con20 sult with— 

21 ‘‘(i) the Secretary of Transportation; 

22 ‘‘(ii) the Task Force (including the re23 gional panels of the Task Force established 

24 under section 1203); 

25 ‘‘(iii) the Director; 


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1 ‘‘(iv) the Assistant Secretary; 

2 ‘‘(v) the Under Secretary; 

3 ‘‘(vi) the Director of the National Ma4 rine Fisheries Service; and 

5 ‘‘(vii) relevant State agencies. 

6 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI7 RONMENTALLY SOUND TREATMENT METHODS.—Not 

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

9 Prevention of Aquatic Invasive Species Act of 2006, 

10 the Administrator, in consultation with the Invasive 

11 Species Council, shall publish and update annually— 

12 ‘‘(A) a list of environmentally sound treat13 ment methods that may apply to a potential 

14 aquatic invasive species response effort; 

15 ‘‘(B) accompanying research that supports 

16 the environmental soundness of each approved 

17 treatment method; and 

18 ‘‘(C) explicit guidelines under which each 

19 treatment method can be used in an environ20 mentally sound manner. 

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

22 and Task Force shall include the information de23 scribed in paragraph (2) in the reports submitted 

24 under section 1201(f)(2)(B).’’. 


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1 SEC. 305. INFORMATION, EDUCATION, AND OUTREACH. 

2 Section 1202(h) of the Nonindigenous Aquatic Nui3 sance Prevention and Control Act of 1990 (16 U.S.C. 

4 4722(h)) is amended— 

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

6 Force’’ and inserting the following: 

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

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

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

10 ‘‘(2) ACTIVITIES.— 

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

12 out under paragraph (1) shall include the ac13 tivities described in this paragraph. 

14 ‘‘(B) PUBLIC WARNINGS.—Not later than 

15 180 days after the date of enactment of the 

16 Prevention of Aquatic Invasive Species Act of 

17 2006, each Federal officer of an agency that 

18 provides Federal funds to States for building or 

19 maintaining public access points to waters of 

20 the United States shall amend the guidelines of 

21 the agency, in consultation with relevant State 

22 agencies, to encourage the posting of regionally 

23 specific public warnings or other suitable infor24 mational and educational materials at the ac25 cess points regarding— 


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1 ‘‘(i) the danger of spread of aquatic 

2 invasive species through the transport of 

3 recreational watercraft; and 

4 ‘‘(ii) methods for removing organisms 

5 prior to transporting a watercraft. 

6 ‘‘(C) CLEANING OF WATERCRAFT AT MARI7 NAS.—Not later than 1 year after the date of 

8 enactment of the Prevention of Aquatic Invasive 

9 Species Act of 2006, the Under Secretary and 

10 the Director (in cooperation with the Task 

11 Force and in consultation with the States, rel12 evant industry groups, and Indian tribes) shall 

13 develop an education, outreach, and training 

14 program directed toward marinas and marina 

15 operators regarding— 

16 ‘‘(i) checking watercraft for live orga17 nisms; 

18 ‘‘(ii) removing live organisms from the 

19 watercraft before the watercraft are com20 mercially or recreationally trailered; 

21 ‘‘(iii) encouraging regular hull clean22 ing and maintenance, avoiding in-water 

23 hull cleaning; and 

24 ‘‘(iv) other activities, as identified by 

25 the Secretary. 


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1 ‘‘(D) PROPER DISPOSAL OF NONINDIGE2 NOUS LIVE AQUATIC ORGANISMS IN TRADE.— 

3 The Task Force shall— 

4 ‘‘(i) not later than 1 year after the 

5 date of enactment of the Prevention of 

6 Aquatic Invasive Species Act of 2006, de7 velop (in consultation with industry and 

8 other affected parties) issue guidelines for 

9 proper disposal of live nonindigenous 

10 aquatic organisms in trade; and 

11 ‘‘(ii) use the guidelines in appropriate 

12 public information and outreach efforts. 

13 ‘‘(E) EXPANSION OF PROGRAM.— 

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

15 year after the date of enactment of the 

16 Prevention of Aquatic Invasive Species Act 

17 of 2006, the Task Force shall expand the 

18 information and education program di19 rected at recreational boaters in States 

20 from which watercraft are transported 

21 westward across the 100th meridian. 

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

23 program, the Task Force shall— 

24 ‘‘(I) survey owners of watercraft 

25 transported westward across the 


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1 100th meridian to determine the 

2 States of origin of most such owners; 

3 ‘‘(II) provide information directly 

4 to watercraft owners concerning the 

5 importance of cleaning watercraft car6 rying live organisms before trans7 porting the watercraft; and 

8 ‘‘(III) support education and in9 formation programs of the States of 

10 origin to ensure that the State pro11 grams address westward spread. 

12 ‘‘(F) INFORMATION AND EDUCATION PRO13 GRAM BY NATIONAL PARK SERVICE.—The Sec14 retary of the Interior, acting through the Direc15 tor of the National Park Service, shall develop 

16 a program to provide public outreach and other 

17 educational activities to prevent the spread of 

18 aquatic invasive species by recreational 

19 watercraft in units of the National Park System 

20 or through events sponsored by the National 

21 Park Service. 

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

23 Force, in conjunction with the Invasive Species 

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1 ance by members of the national and international 

2 maritime, horticultural, aquarium, aquaculture, and 

3 pet trade industries with screening, monitoring, and 

4 control of the transportation of aquatic invasive spe5 cies. 

6 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA7 TION.—The Task Force, the Invasive Species Coun8 cil, and other relevant agencies, shall maintain infor9 mation on the Internet regarding— 

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

11 and private interests to use in assisting with 

12 national early detection and monitoring of 

13 aquatic invasive species in waters of the United 

14 States; 

15 ‘‘(B) contact locations for joining a na16 tional network of monitoring stations; 

17 ‘‘(C) approved State Management Plans 

18 under section 1204(a) and Rapid Response 

19 Contingency Strategies under sections 

20 1211(a)(2) and 1211(c); and 

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

22 section 1210(a)(4).’’. 


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1 TITLE IV—COORDINATION 

2 SEC. 401. 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) in paragraph (3) by striking ‘‘of the Envi9 ronmental Protection Agency’’; 

10 (3) by redesignating paragraph (7) as para11 graph (12); and 

12 (4) by inserting after paragraph (6) the fol13 lowing: 

14 ‘‘(7) the Director of the United States Geologi15 cal Survey; 

16 ‘‘(8) the Director of the Smithsonian Environ17 mental Research Center; 

18 ‘‘(9) the Secretary of State; 

19 ‘‘(10) the Secretary of Transportation; 

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

21 and’’. 

22 (b) COORDINATION WITH INVASIVE SPECIES COUN23 CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui24 sance Prevention and Control Act of 1990 (16 U.S.C. 

25 4721(f)) is amended— 


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

2 inserting the following: 

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

4 Force’’; and 

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

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

7 Invasive Species Council shall— 

8 ‘‘(A) coordinate and cooperate with the 

9 Task Force in carrying out the duties of the 

10 Invasive Species Council relating to aquatic 

11 invasive species; 

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

13 of enactment of the Prevention of Aquatic 

14 Invasive Species Act of 2006, and every 3 years 

15 thereafter, submit to Congress a report that 

16 summarizes the status of the conduct of activi17 ties authorized by and required under this Act; 

18 and 

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

20 forces in coordination with the regional panels 

21 of the Task Force convened under section 

22 1203.’’. 

23 (c) COORDINATION WITH OTHER PROGRAMS.—Sec24 tion 1202(c) of the Nonindigenous Aquatic Nuisance PreVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

2 amended by adding at the end the following: 

3 ‘‘(3) RECOMMENDATIONS FOR LISTS.—The 

4 Task Force shall annually recommend to Federal 

5 agencies of jurisdiction such additions of aquatic 

6 invasive species as the Task Force determines to be 

7 appropriate for inclusion on— 

8 ‘‘(A) any list of species of wildlife under 

9 the Lacey Act Amendments of 1981 (16 U.S.C. 

10 3371 et seq.) (including regulations under such 

11 Act); or 

12 ‘‘(B) any list of noxious weeds under the 

13 Plant Protection Act (7 U.S.C. 7701 et seq.) 

14 (including regulations promulgated under that 

15 Act contained in part 360 of title 7, Code of 

16 Federal Regulations (or any successor regula17 tions)).’’. 

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

19 Nonindigenous Aquatic Nuisance Prevention and Control 

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

21 the end the following: 

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

23 Force shall annually convene all regional panels estab24 lished pursuant to this Act for the purpose of information 

25 transfer between and among panels, and between the panVerDate Aug 31 2005 04:35 Apr 01, 2006 Jkt 049196 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H5030.IH H5030

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1 els and the Task Force, regarding aquatic invasive species 

2 management. 

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

4 that has a Federal charter authorized by law, interstate 

5 agreement, or Executive Order for purposes of fisheries 

6 or natural resource management may receive funds under 

7 this Act to implement activities authorized under this 

8 Act.’’. 

9 (e) STATE AQUATIC INVASIVE SPECIES MANAGE10 MENT PLANS.—Section 1204(a) of the Nonindigenous 

11 Aquatic Nuisance Prevention and Control Act of 1990 (16 

12 U.S.C. 4724(a)) is amended— 

13 (1) by striking paragraph (2)(A) and inserting 

14 the following: 

15 ‘‘(A) identify and describe State and local 

16 programs for environmentally sound prevention 

17 and control of the target aquatic invasive spe18 cies in accordance with guidelines issued by the 

19 Task Force under paragraph (5), including— 

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

22 ‘‘(ii) early detection strategies under 

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

24 ‘‘(iii) aquatic plant control programs 

25 pursuant to other law; and 


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1 ‘‘(iv) screening of imported live aquat2 ic species in accordance with guidelines 

3 issued under section 1105;’’; 

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

5 after ‘‘(D)’’; and 

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

7 ‘‘(5) GUIDELINES.— 

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

9 after the date of enactment of the Prevention of 

10 Aquatic Invasive Species Act of 2006, the Task 

11 Force shall publish in the Federal Register 

12 guidelines for the development of plans under 

13 this subsection, including guidelines for report14 ing progress in implementing the plans, to en15 courage consistency in implementation of and 

16 reporting under those plans. 

17 ‘‘(B) GUIDELINES.—The guidelines pub18 lished under subparagraph (A) shall include, for 

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

20 concerning— 

21 ‘‘(i) rapid response contingency strate22 gies under section 1211; 

23 ‘‘(ii) early detection and monitoring 

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


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1 ‘‘(iii) aquatic plant control programs; 

2 and 

3 ‘‘(iv) the review and revision of re4 quirements of this subsection and the re5 approval process under this subsection. 

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

7 ‘‘(A) IN GENERAL.—A plan approved 

8 under paragraph (4) shall be deemed to meet 

9 any State planning requirement of the program 

10 established under section 104 of the River and 

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

12 to control noxious aquatic plant growths. 

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

14 States for implementation of plans pursuant to 

15 section 1204 may be used by States to enforce 

16 requirements relating to aquatic invasive species 

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

18 et seq.) (including regulations promulgated 

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

20 Code of Federal Regulations (or any successor 

21 regulations)). 

22 ‘‘(7) REVIEW AND REVISION.— 

23 ‘‘(A) IN GENERAL.—Each State shall peri24 odically review and, as necessary and subject to 

25 subparagraph (B), revise the management plan 


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1 of the State in accordance with guidelines of 

2 the Task Force under paragraph (5). 

3 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

4 State plan approved under the section before 

5 the date of the enactment of the Prevention of 

6 Aquatic Invasive Species Act of 2006 shall be 

7 revised by the State under guidelines issued by 

8 the Director to conform to the guidelines pub9 lished under paragraph (5), but shall be treated 

10 as a plan approved under this subsection for 

11 purposes of grants under this section. 

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

13 addition to the management plans required under 

14 this subsection, the Director shall encourage each 

15 State to develop and implement new, and expand ex16 isting, State management plans to improve State ac17 tions to prevent and control aquatic invasive spe18 cies.’’. 

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

20 Nonindigenous Aquatic Nuisance Prevention and Control 

21 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik22 ing ‘‘subsection (a) for the implementation of those 

23 plans.’’ and inserting the following: ‘‘subsection (a) to de24 velop and implement those plans.’’. 


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1 SEC. 402. INTERNATIONAL COORDINATION. 

2 Subtitle E of the Nonindigenous Aquatic Nuisance 

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

4 seq.) is amended— 

5 (1) by striking the subtitle heading and insert6 ing the following: 

7 ‘‘Subtitle E—Administration’’; and 

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

9 ‘‘SEC. 1402. COORDINATION WITH NEIGHBORING COUN10 TRIES. 

11 ‘‘(a) IN GENERAL.—The Task Force, in consultation 

12 with the Secretary of State, shall include in the report re13 quired by section 1202(m) a description of the means by 

14 which international agreements and regulations with coun15 tries that share a border with the United States will be 

16 implemented and enforced by Federal agencies (including 

17 a clarification of the roles and responsibilities of those 

18 agencies). 

19 ‘‘(b) NEGOTIATIONS.—As soon as practicable after 

20 the date of enactment of the Prevention of Aquatic 

21 Invasive Species Act of 2006, the Secretary of State may 

22 enter into negotiations with— 

23 ‘‘(1) Canada to issue a request that the Inter24 national Joint Commission, by not later than 18 

25 months after the date of enactment of that Act, re26 view, research, conduct hearings on, and submit to 


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1 the parties represented on the International Joint 

2 Commission a report that describes the success of 

3 current policies of governments in the United States 

4 and Canada having jurisdiction over the Great 

5 Lakes in anticipating and preventing biological inva6 sions of the aquatic ecosystem in the Great Lakes, 

7 including— 

8 ‘‘(A) an analysis of current Federal, State 

9 or Provincial, local, and international laws, en10 forcement practices, and agreements; 

11 ‘‘(B) an analysis of prevention efforts re12 lated to all likely pathways for biological inva13 sions of the aquatic ecosystem in the Great 

14 Lakes; and 

15 ‘‘(C) recommendations of the International 

16 Joint Commission for means by which to im17 prove and harmonize the policies and enforce18 ment practices referred to in clause (i); and 

19 ‘‘(2) Mexico, to ensure coordination of efforts of 

20 the United States with efforts of Mexico to manage 

21 invasive species established in the United States22 Mexico border region.’’. 


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1 TITLE V—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1301 of the Nonindigenous Aquatic Nuisance 

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

6 amended to read as follows: 

7 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated such sums 

9 as are necessary to carry out this Act for each of fiscal 

10 years 2007 through 2011.’’. 

11 TITLE VI—CONFORMING 

12 AMENDMENTS 

13 SEC. 601. CONFORMING AMENDMENTS. 

14 (a) REPEAL OF SECTION 1103.—Section 1103 of the 

15 Nonindigenous Aquatic Nuisance Prevention and Control 

16 Act of 1990 (16 U.S.C. 4713) is repealed. 

17 (b) MISCELLANEOUS AMENDMENTS.—The Non18 indigenous Aquatic Nuisance Prevention and Control Act 

19 of 1990 is amended— 

20 (1) by striking ‘‘AQUATIC NUISANCE’’ in 

21 the heading for title I of Public Law 101–646 (104 

22 Stat. 4761) and inserting ‘‘AQUATIC 

23 INVASIVE SPECIES’’; 


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1 (2) by striking ‘‘Nuisance’’ in the heading for 

2 subtitles B and C of title I of Public Law 101–646 

3 (104 Stat. 4761 et seq.) and inserting ‘‘Invasive’’; 

4 (3) by striking ‘‘Nuisance’’ in section 1001 (16 

5 U.S.C. 4701 note) and inserting ‘‘Invasive Species’’; 

6 (4) by striking ‘‘Nuisance’’ each place it ap7 pears and inserting ‘‘Invasive’’; 

8 (5) by striking ‘‘nuisance’’ each place it appears 

9 and inserting ‘‘invasive’’; 

10 (6) by striking ‘‘nonindigenous’’ in section 

11 1104(b)(1) (16 U.S.C. 4714(b)(1)) and inserting 

12 ‘‘invasive’’; 

13 (7) by striking ‘‘nonindigenous’’ in section 

14 1002(b)(4) (16 U.S.C. 4701(b)(4); 

15 (8) by striking the heading for section 1202 (16 

16 U.S.C. 4722) and inserting the following: 

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

18 (9) by striking the heading for section 1204 (16 

19 U.S.C. 4724) and inserting the following: 

20 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE21 MENT PLANS.’’; and 

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

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


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1 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

2 INVASIVE SPECIES BY VESSELS.—’’; and 

3 (B) in subsection (b)— 

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

5 (ii) by redesignating paragraphs (2) 

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

8 (c) REFERENCES IN OTHER LAWS, ETC.—Any ref9 erence to the Aquatic Nuisance Species Task Force in any 

10 other Federal law, Executive Order, rule, regulation, or 

11 delegation of authority, or any document or pertaining to 

12 the Aquatic Nuisance Species Task Force or a member 

13 or employee of the Aquatic Nuisance Species Task Force, 

14 is deemed to refer to the Aquatic Invasive Species Task 

15 Force or a member or employee of the Aquatic Invasive 

16 Species Task Force, as appropriate. 

17 (d) SHORT TITLE REFERENCES.—Any reference in 

18 a law, map, regulation, document, paper, or other record 

19 of the United States to the Nonindigenous Aquatic Nui20 sance Prevention and Control Act of 1990 is deemed to 

21 refer to the Nonindigenous Aquatic Invasive Species Pre22 vention and Control Act of 1990. 

23 (e) EFFECTIVE DATE.—Except as otherwise provided 

24 in section 1101 of the Nonindigenous Aquatic Nuisance 

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


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1 as amended by title I, the provisions of that title as so 

2 amended take effect on the date of enactment of this Act. 

Æ 


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