II 

110TH CONGRESS 

1ST SESSION S. 791 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2007 

Mr. LEVIN (for himself, Mr. VOINOVICH, Ms. STABENOW, Mr. SCHUMER, Mr. 

COLEMAN, Mrs. CLINTON, and Mr. OBAMA) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish a collaborative program to protect the Great 

Lakes, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Great Lakes Collaboration Implementation Act of 2007’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—INVASIVE SPECIES 

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Subtitle A—Aquatic Invasive Species 

PART I—GENERAL PROVISIONS

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Definitions. 

PART II—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES

INTO WATERS OF THE UNITED STATES BY VESSELS

Sec. 111. Prevention of introduction of aquatic invasive species into waters of 

the United States by vessels. 

Sec. 112. Armed Services Whole Vessel Management Program. 

PART III—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES

BY OTHER PATHWAYS

Sec. 121. Priority Pathway Management Program. 

Sec. 122. Screening process for planned importations of live aquatic organisms. 

PART IV—EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

Sec. 131. Early detection. 

Sec. 132. Rapid response. 

Sec. 133. Environmental soundness. 

Sec. 134. Information, education, and outreach. 

PART V—AQUATIC INVASIVE SPECIES RESEARCH

Sec. 141. Ecological, pathway, and experimental research. 

Sec. 142. Analysis. 

Sec. 143. Vessel pathway standards research. 

Sec. 144. Graduate education in systematics and taxonomy. 

PART VI—COORDINATION

Sec. 151. Program coordination. 

Sec. 152. International coordination. 

PART VII—AUTHORIZATION OF APPROPRIATIONS

Sec. 155. Authorization of appropriations. 

PART VIII—CONFORMING AMENDMENTS

Sec. 161. Conforming amendments. 

Subtitle B—Asian Carp Prevention and Control 

Sec. 171. Addition of species of carp to the list of injurious species that are 

prohibited from being imported or shipped. 

Sec. 172. Dispersal barriers. 

Subtitle C—National Invasive Species Council 

Sec. 181. Definitions. 

Sec. 182. Limitation on Federal actions. 

Sec. 183. National Invasive Species Council. 

Sec. 184. Duties. 

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Sec. 185. National Invasive Species Management Plan. 

Sec. 186. Invasive Species Advisory Committee. 

Sec. 187. Budget analysis and summary. 

Sec. 188. Existing executive order. 

Sec. 189. Authorization of appropriations. 

TITLE II—COASTAL HEALTH 

Sec. 201. Technical assistance. 

Sec. 202. Sewer overflow control grants. 

Sec. 203. Water pollution control revolving loan funds. 

Sec. 204. Allotment of funds. 

Sec. 205. Authorization of appropriations. 

TITLE III—AREAS OF CONCERN 

Sec. 301. Great Lakes. 

TITLE IV—TOXIC SUBSTANCES 

Sec. 401. Mercury reduction grants. 

TITLE V—INDICATORS AND INFORMATION 

Subtitle A—Research Program 

Sec. 501. Research reauthorizations. 

Sec. 502. Great Lakes Science Center. 

Sec. 503. Center for Sponsor Coastal Ocean Research. 

Sec. 504. Great Lakes Environmental Research Laboratory. 

Subtitle B—Ocean and Coastal Observation System 

Sec. 511. Definitions. 

Sec. 512. Integrated ocean and coastal observing system. 

Sec. 513. Research, development, and education. 

Sec. 514. Interagency financing. 

Sec. 515. Application with Outer Continental Shelf Lands Act. 

Sec. 516. Authorization of appropriations. 

Sec. 517. Reporting requirement. 

Subtitle C—Great Lakes Water Quality Indicators and Monitoring 

Sec. 521. Great Lakes water quality indicators and monitoring. 

TITLE VI—SUSTAINABLE DEVELOPMENT 

Sec. 601. Waterfront restoration and remediation projects. 

Sec. 602. Authority of Secretary to restore and remediate waterfront and related areas. 

Sec. 603. Authorization of appropriations. 

TITLE VII—COORDINATION AND OVERSIGHT 

Sec. 701. Definitions. 

Sec. 702. Great Lakes Interagency Task Force. 

Sec. 703. Executive Committee. 

Sec. 704. Great Lakes Regional Collaboration. 

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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Great Lakes, containing approximately 

4 20 percent of the Earth’s fresh surface water, are a 

5 treasure of global significance; 

6 (2) the Great Lakes provide drinking water for 

7 millions of people, facilitate commerce, and provide 

8 recreational opportunities for people from across the 

9 United States and around the world; 

10 (3) renewed efforts and investments are critical 

11 to aid in meeting the goals and objectives of the 

12 Great Lakes Water Quality Agreement between the 

13 United States and Canada; 

14 (4) in a report issued in December 2005, a 

15 group of leading scientists from top institutions in 

16 the Great Lakes area found that— 

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

18 ecologic catastrophe; 

19 (B) the primary stressors straining the 

20 health of the Great Lakes are— 

21 (i) toxic chemicals; 

22 (ii) overloading of human waste and 

23 urban and agricultural runoff; 

24 (iii) physical changes to the shorelines 

25 and wetlands; 

26 (iv) invasive plant and animal species; 

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1 (v) changes in water patterns; and 

2 (vi) overfishing; 

3 (C) the deterioration of the Great Lakes 

4 ecosystem is accelerating dramatically; and 

5 (D) if the pattern of deterioration is not 

6 reversed immediately, the damage could be ir7 reparable; 

8 (5) as a result of the stressors described in 

9 paragraph (4)(B)— 

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

11 2003; 

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

13 square mile dead zone that forms every sum14 mer; 

15 (C) zebra mussels, an aquatic invasive spe16 cies, cause $500,000,000 per year in economic 

17 and environmental damage in the Great Lakes; 

18 (D) there is no appreciable natural repro19 duction of lake trout in the lower 4 Great 

20 Lakes; and 

21 (E) wildlife habitats have been destroyed, 

22 which has diminished fishing, hunting, and 

23 other outdoor recreation opportunities in the 

24 Great Lakes; 

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1 (6) because of the patchwork approach to fixing 

2 the problems facing the Great Lakes, the problems 

3 have not only persisted in, but have also gotten 

4 worse in some areas of, the Great Lakes; 

5 (7) rather than dealing with 1 problem or loca6 tion of the Great Lakes at a time, a comprehensive 

7 restoration of the system is needed to prevent the 

8 Great Lakes from collapsing; 

9 (8) in December 2004, work began on the 

10 Great Lakes Regional Collaboration, a unique part11 nership that was— 

12 (A) formed for the purpose of developing a 

13 strategic action plan for Great Lakes restora14 tion; and 

15 (B) composed of— 

16 (i) key members from the Federal 

17 Government, State and local governments, 

18 and Indian tribes; and 

19 (ii) other stakeholders; 

20 (9) over 1,500 people throughout the Great 

21 Lakes region participated in this collaborative proc22 ess, with participants working on 1 or more of the 

23 8 strategy teams that focused on different issues af24 fecting the Great Lakes basin; 

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1 (10) the recommendations of the Great Lakes 

2 Regional Collaboration, which was released on De3 cember 12, 2005, identify actions to address the 

4 issues affecting the Great Lake basin on the Fed5 eral, State, local, and tribal level; and 

6 (11) comprehensive restoration must be adapt7 ive, and ongoing efforts will be required to contin8 ually implement the recommendations of the Great 

9 Lakes Regional Collaboration as the recommenda10 tions relate to buffers, river restoration, wetlands, 

11 emerging toxic pollutants, and other issues affecting 

12 the Great Lakes basin. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTERING AGENCIES.—The term ‘‘ad16 ministering agencies’’ means— 

17 (A) the National Oceanic and Atmospheric 

18 Administration (including the Great Lakes En19 vironmental Research Laboratory); 

20 (B) the Smithsonian Institution (acting 

21 through the Smithsonian Environmental Re22 search Center); and 

23 (C) the United States Geological Survey. 

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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (3) AQUATIC ECOSYSTEM.—The term ‘‘aquatic 

5 ecosystem’’ means a freshwater, marine, or estuarine 

6 environment (including inland waters, riparian 

7 areas, and wetlands) located in the United States. 

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

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

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

11 (5) INVASION.—The term ‘‘invasion’’ means the 

12 introduction and establishment of an invasive species 

13 into an ecosystem beyond the historic range of the 

14 invasive species. 

15 (6) INVASIVE SPECIES.—The term ‘‘invasive 

16 species’’ means a species— 

17 (A) that is nonnative to the ecosystem 

18 under consideration; and 

19 (B) whose introduction causes or may 

20 cause harm to the economy, the environment, or 

21 human health. 

22 (7) INVASIVE SPECIES COUNCIL.—The term 

23 ‘‘Invasive Species Council’’ means the council estab24 lished by section 3 of Executive Order No. 13112 

25 (42 U.S.C. 4321 note; relating to invasive species). 

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1 (8) PATHWAY.—The term ‘‘pathway’’ means 1 

2 or more routes by which an invasive species is trans3 ferred from 1 ecosystem to another. 

4 (9) SPECIES.—The term ‘‘species’’ means any 

5 fundamental category of taxonomic classification or 

6 any viable biological material ranking below a genus 

7 or subgenus. 

8 (10) TASK FORCE.—The term ‘‘Task Force’’ 

9 means the Aquatic Nuisance Species Task Force es10 tablished by section 1201(a) of the Nonindigenous 

11 Aquatic Nuisance Prevention and Control Act of 

12 1990 (16 U.S.C. 4721(a)). 

13 (11) TYPE APPROVAL.—The term ‘‘type ap14 proval’’ means an approval procedure under which a 

15 type of system is certified as meeting a standard es16 tablished pursuant to Federal law (including a regu17 lation) for a particular application. 

18 TITLE I—INVASIVE SPECIES 

19 Subtitle A—Aquatic Invasive 

20 Species 

21 PART I—GENERAL PROVISIONS 

22 SEC. 101. SHORT TITLE. 

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

24 Invasive Species Act of 2007’’. 

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1 SEC. 102. FINDINGS. 

2 Congress finds that— 

3 (1) aquatic invasive species are second only to 

4 habitat destruction as a cause of permanent losses 

5 in biological diversity of aquatic ecosystems of the 

6 United States; 

7 (2) aquatic invasive species continue to be in8 troduced into waters of the United States at an un9 acceptable rate; 

10 (3) aquatic invasive species damage infrastruc11 ture, disrupt commerce, out compete native species, 

12 reduce biodiversity, and threaten human health; 

13 (4) the direct and indirect costs of aquatic 

14 invasive species to the economy of the United States 

15 amount to billions of dollars per year; 

16 (5) in the Great Lakes region, approximately 

17 $3,000,000,000 has been spent in the past 10 years 

18 to mitigate the damage caused by a single invasive 

19 species, the zebra mussel; 

20 (6) wetlands suffer compound impacts from— 

21 (A) aquatic infestations (such as Hydrilla); 

22 and 

23 (B) riparian infestations (such as Purple 

24 Loosestrife); 

25 (7) prevention of aquatic invasive species is the 

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1 agement approach because once established, aquatic 

2 invasive species are costly, and sometimes impossible 

3 to control; 

4 (8) to be effective, the prevention, early detec5 tion, and control of and rapid response to aquatic 

6 invasive species should be coordinated regionally, na7 tionally, and internationally; 

8 (9) pathway management is the most promising 

9 approach to reducing unplanned introductions of 

10 aquatic invasive species; 

11 (10) consistent national screening criteria are 

12 needed to evaluate the potential risk of nonindige13 nous aquatic species; 

14 (11) States and regions have— 

15 (A) unique vulnerabilities with respect to 

16 aquatic invasive species; and 

17 (B) unique means for addressing aquatic 

18 invasive species; 

19 (12) to accurately identify and manage high 

20 risk pathways, it is essential to carry out a com21 prehensive research program that— 

22 (A) monitors pathways and ecosystems to 

23 detect the establishment and spread of invasive 

24 species; 

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1 (B) develops and demonstrates effective 

2 methods for the management and control of 

3 invasive species; and 

4 (C) monitors the success of efforts to pre5 vent and control invasive species; and 

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

7 to— 

8 (A) carry out a comprehensive and thor9 ough program to research, prevent, manage, 

10 and control the introduction of aquatic species 

11 that may become invasive; and 

12 (B) to the maximum extent practicable, co13 ordinate the program described in subpara14 graph (A) with neighboring nations and other 

15 programs being carried out globally. 

16 SEC. 103. DEFINITIONS. 

17 Section 1003 of the Nonindigenous Aquatic Nuisance 

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

19 amended to read as follows: 

20 ‘‘SEC. 1003. DEFINITIONS. 

21 ‘‘In this Act: 

22 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of the Environ24 mental Protection Agency. 

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

2 ecosystem’ means a freshwater, marine, or estuarine 

3 environment (including inland waters and wetlands), 

4 located wholly in the United States. 

5 ‘‘(3) AQUATIC ORGANISM.— 

6 ‘‘(A) IN GENERAL.—The term ‘aquatic or7 ganism’ means a living animal, plant, fungus, 

8 or microorganism inhabiting or reproducing in 

9 an aquatic ecosystem. 

10 ‘‘(B) INCLUSIONS.—The term ‘aquatic or11 ganism’ includes— 

12 ‘‘(i) seeds; 

13 ‘‘(ii) eggs; 

14 ‘‘(iii) spores; and 

15 ‘‘(iv) any other viable biological mate16 rial. 

17 ‘‘(4) ASSISTANT SECRETARY.—The term ‘As18 sistant Secretary’ means the Assistant Secretary of 

19 the Army for Civil Works. 

20 ‘‘(5) BALLAST WATER.— 

21 ‘‘(A) IN GENERAL.—The term ‘ballast 

22 water’ means— 

23 ‘‘(i) any water (including matter sus24 pended in the water) taken on board a vesmstockstill on PROD1PC66 with BILLS

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1 sel to control trim, list, draught, stability, 

2 or stress of the vessel; and 

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

4 tank during cleaning, maintenance, or any 

5 other operation. 

6 ‘‘(B) EXCLUSION.—The term ‘ballast 

7 water’ does not include water that, at the time 

8 of discharge of the water— 

9 ‘‘(i) does not contain any aquatic 

10 invasive species that was taken on board a 

11 vessel; and 

12 ‘‘(ii) was used for a purpose described 

13 in subparagraph (A)(i). 

14 ‘‘(6) BEST PERFORMING TREATMENT TECH15 NOLOGY.—The term ‘best performing treatment 

16 technology’ means the ballast water treatment tech17 nology that is, as determined by the Secretary— 

18 ‘‘(A) the most biologically effective; 

19 ‘‘(B) the most environmentally sound; and 

20 ‘‘(C) suitable, available, and economically 

21 practicable. 

22 ‘‘(7) COASTAL VOYAGE.—The term ‘coastal voy23 age’ means a voyage conducted entirely within the 

24 exclusive economic zone. 

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1 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

2 the Director of the United States Fish and Wildlife 

3 Service. 

4 ‘‘(9) ENVIRONMENTALLY SOUND.—The term 

5 ‘environmentally sound’, refers to an activity that 

6 prevents or reduces introductions, or controls infes7 tations, of aquatic invasive species in a manner that 

8 minimizes adverse effects on— 

9 ‘‘(A) the structure and function of an eco10 system; and 

11 ‘‘(B) nontarget organisms and ecosystems. 

12 ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term 

13 ‘exclusive economic zone’ means the area comprised 

14 of— 

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

16 United States established by Proclamation 

17 Number 5030, dated March 10, 1983; and 

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

19 Mexico. 

20 ‘‘(11) EXISTING VESSEL.—The term ‘existing 

21 vessel’ means any vessel that enters service on or be22 fore December 31, 2009. 

23 ‘‘(12) GREAT LAKES.—The term ‘Great Lakes’ 

24 means— 

25 ‘‘(A) Lake Erie; 

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

2 Clair); 

3 ‘‘(C) Lake Michigan; 

4 ‘‘(D) Lake Ontario; 

5 ‘‘(E) Lake Superior; 

6 ‘‘(F) the connecting channels of those 

7 Lakes, including— 

8 ‘‘(i) the Saint Mary’s River; 

9 ‘‘(ii) the Saint Clair River; 

10 ‘‘(iii) the Detroit River; 

11 ‘‘(iv) the Niagara River; and 

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

13 Canadian border; and 

14 ‘‘(G) any other body of water located with15 in the drainage basin of a Lake, River, or con16 necting channel described in any of subpara17 graphs (A) through (F). 

18 ‘‘(13) GREAT LAKES REGION.—The term ‘Great 

19 Lakes region’ means the region comprised of the 

20 States of Illinois, Indiana, Michigan, Minnesota, 

21 New York, Ohio, Pennsylvania, and Wisconsin. 

22 ‘‘(14) IN TRADE.—The term ‘in trade’, with re23 spect to a species, means a species that has a docu24 mented history of repeatedly being commercially im25 ported into the United States during the period bemstockstill on PROD1PC66 with BILLS

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1 ginning on January 1, 1990, and ending on January 

2 1, 2007. 

3 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

5 Indian Self-Determination and Education Assistance 

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

7 ‘‘(16) INTERBASIN WATERWAY.—The term 

8 ‘interbasin waterway’ means a waterway that con9 nects 2 distinct water basins. 

10 ‘‘(17) INTRODUCTION.—The term ‘introduction’ 

11 means the transfer of an organism to an ecosystem 

12 outside the historic range of the species of which the 

13 organism is a member. 

14 ‘‘(18) INVASION.—The term ‘invasion’ means 

15 an infestation of an aquatic invasive species. 

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

17 species’ means a nonindigenous species the introduc18 tion of which into an ecosystem may cause harm to 

19 the economy, environment, human health, recreation, 

20 or public welfare. 

21 ‘‘(20) NATIONAL INVASIVE SPECIES COUNCIL.— 

22 The term ‘National Invasive Species Council’ means 

23 the interagency council established by section 3 of 

24 Executive Order No. 13112 (42 U.S.C. 4321 note). 

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1 ‘‘(21) NEW VESSEL.—The term ‘new vessel’ 

2 means any vessel that enters service on or after Jan3 uary 1, 2010. 

4 ‘‘(22) NONINDIGENOUS SPECIES.—The term 

5 ‘nonindigenous species’ means any species in an eco6 system the range of which exceeds the historic range 

7 of the species in that ecosystem. 

8 ‘‘(23) ORGANISM TRANSFER.—The term ‘orga9 nism transfer’ means the movement of an organism 

10 of any species from 1 ecosystem to another eco11 system outside the historic range of the species. 

12 ‘‘(24) PATHWAY.—The term ‘pathway’ means 1 

13 or more vectors by which an invasive species is 

14 transferred from 1 ecosystem to another. 

15 ‘‘(25) PLANNED IMPORTATION.—The term 

16 ‘planned importation’ means the purposeful move17 ment of 1 or more nonindigenous organisms for use 

18 in the territorial limits of the United States. 

19 ‘‘(26) REGIONAL PANEL.—The term ‘regional 

20 panel’ means a panel convened in accordance with 

21 section 1203. 

22 ‘‘(27) SALTWATER FLUSHING.—The term ‘salt23 water flushing’ means the process of— 

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1 ‘‘(A) adding midocean water to a ballast 

2 water tank that contains residual quantities of 

3 ballast water; 

4 ‘‘(B) mixing the midocean water with the 

5 residual ballast water and sediment in the tank 

6 through the motion of a ship; and 

7 ‘‘(C) discharging the mixed water so that 

8 the salinity of the resulting residual ballast 

9 water in the tank exceeds 30 parts per thou10 sand. 

11 ‘‘(28) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of Homeland Security. 

13 ‘‘(29) SPECIES.—The term ‘species’ means any 

14 fundamental category of taxonomic classification 

15 below the level of genus or subgenus, including a 

16 species, subspecies, or any recognized variety of ani17 mal, plant, fungus, or microorganism. 

18 ‘‘(30) TASK FORCE.—The term ‘Task Force’ 

19 means the Aquatic Nuisance Species Task Force es20 tablished by section 1201(a). 

21 ‘‘(31) TREATMENT.—The term ‘treatment’ 

22 means a mechanical, physical, chemical, biological, 

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

24 rendering inviable organisms. 

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1 ‘‘(32) TYPE APPROVAL.—The term ‘type ap2 proval’ means an approval procedure under which a 

3 type of system is initially certified as meeting a 

4 standard established by law (including a regulation) 

5 for a particular application if the system is operated 

6 correctly. 

7 ‘‘(33) UNDER SECRETARY.—The term ‘Under 

8 Secretary’ means the Under Secretary of Commerce 

9 for Oceans and Atmosphere. 

10 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde11 sirable impact’ means economic, human health, aes12 thetic, or environmental degradation that is not nec13 essary for, and is not clearly outweighed by, public 

14 health, environmental, or welfare benefits. 

15 ‘‘(35) WATERS OF THE UNITED STATES.— 

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

17 the United States’ means the navigable waters 

18 and territorial sea of the United States. 

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

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

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1 PART II—PREVENTION OF INTRODUCTION OF 

2 AQUATIC INVASIVE SPECIES INTO WATERS 

3 OF THE UNITED STATES BY VESSELS 

4 SEC. 111. PREVENTION OF INTRODUCTION OF AQUATIC 

5 INVASIVE SPECIES INTO WATERS OF THE 

6 UNITED STATES BY VESSELS. 

7 (a) IN GENERAL.—Section 1101 of the Nonindige8 nous Aquatic Nuisance Prevention and Control Act of 

9 1990 (16 U.S.C. 4711) is amended to read as follows: 

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

11 INVASIVE SPECIES INTO WATERS OF THE 

12 UNITED STATES BY VESSELS. 

13 ‘‘(a) REQUIREMENTS FOR VESSELS OPERATING IN

14 WATERS OF THE UNITED STATES.— 

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

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

17 the date that is 180 days after the issuance of 

18 guidelines pursuant to subparagraph (D) and 

19 promulgation of any regulations under this sec20 tion, each vessel that is designed, constructed, 

21 or adapted with a ballast tank, and any towed 

22 vessel or structure, operating in waters of the 

23 United States shall have in effect, and have 

24 available for inspection, an aquatic invasive spe25 cies management plan. 

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

2 shall be specific to the vessel (or group of ves3 sels with characteristics similar to that of the 

4 vessel, as determined by the Secretary). 

5 ‘‘(C) REQUIREMENTS.—The management 

6 plan shall— 

7 ‘‘(i) prescribe a safe and effective 

8 means to minimize, with the goal of elimi9 nation, introductions and transfers of 

10 invasive species; and 

11 ‘‘(ii) include, at a minimum, such in12 formation as is requested by the Secretary 

13 pursuant to subparagraph (D), including— 

14 ‘‘(I) operational requirements to 

15 safely and effectively comply with the 

16 applicable ballast water management 

17 requirements under paragraph (4); 

18 ‘‘(II) operational requirements to 

19 safely and effectively carry out any 

20 actions consistent with a rapid re21 sponse contingency strategy required 

22 by States and approved by the Sec23 retary under section 1211; 

24 ‘‘(III) at the discretion of the 

25 Secretary, other operational requiremstockstill on PROD1PC66 with BILLS

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1 ments that are specified in guidelines 

2 adopted by the International Maritime 

3 Organization; 

4 ‘‘(IV) a description of all report5 ing requirements and a copy of each 

6 form necessary to meet those require7 ments; 

8 ‘‘(V) the position of the officer 

9 responsible for implementation of bal10 last water management and reporting 

11 procedures on board; 

12 ‘‘(VI) documents relevant to 

13 aquatic invasive species management 

14 equipment or procedures; 

15 ‘‘(VII) a description of the loca16 tion of access points for sampling bal17 last or sediments pursuant to para18 graph (3)(B)(vi); 

19 ‘‘(VIII) a description of require20 ments relating to compliance with any 

21 approved rapid response strategy rel22 evant to the voyage of the vessel; 

23 ‘‘(IX) a contingency strategy ap24 plicable under section 1211, if appro25 priate; and 

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1 ‘‘(X) such requirements described 

2 in subsection (b) as are applicable to 

3 the vessel. 

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

5 months after the date of enactment of the Na6 tional Aquatic Invasive Species Act of 2007, the 

7 Secretary shall issue final guidelines for the de8 velopment of invasive species management 

9 plans, including guidelines that— 

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

11 plans are required; 

12 ‘‘(ii) establish processes for updating 

13 and revising the plans; and 

14 ‘‘(iii) establish criteria for compliance 

15 with this subsection. 

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

17 ‘‘(A) maintain records of all ballast oper18 ations, for such period of time and including 

19 such information as the Secretary may specify; 

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

21 representatives of the Secretary and of the 

22 State in which the port is located; and 

23 ‘‘(C) transmit records to the National Bal24 last Information Clearinghouse established 

25 under section 1102(f). 

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1 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

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

3 months after the date of enactment of the Na4 tional Aquatic Invasive Species Act of 2007, the 

5 Secretary shall issue guidelines on best manage6 ment practices to minimize, with the goal of 

7 elimination, and monitor organism transfer by 

8 vessels. 

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

10 best management practices shall include— 

11 ‘‘(i) sediment management in trans12 oceanic vessels; 

13 ‘‘(ii) minimization of ballast water up14 take in areas in which there is a greater 

15 risk of harmful organisms entering ballast 

16 tanks (such as areas with toxic algal 

17 blooms or known outbreaks of aquatic 

18 invasive species); 

19 ‘‘(iii) avoidance of unnecessary dis20 charge of ballast water in a port that was 

21 taken up in another port; 

22 ‘‘(iv) to the maximum extent prac23 ticable, collection and the proper disposal 

24 of debris from the cleaning of the hull; 

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1 ‘‘(v) proper use of anti-fouling coat2 ing; and 

3 ‘‘(vi) provision of sample access ports 

4 in ballast piping for sampling of ballast in5 take and discharge. 

6 ‘‘(4) BALLAST WATER MANAGEMENT.— 

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

8 the date that is 180 days after the Secretary 

9 promulgates regulations to carry out this sec10 tion, and except as provided in subparagraph 

11 (B), each vessel equipped with a ballast water 

12 tank that enters a United States port shall 

13 comply with the regulations relating to ballast 

14 water management. 

15 ‘‘(B) EXCEPTIONS.— 

16 ‘‘(i) VESSELS OPERATING ENTIRELY

17 WITHIN EXCLUSIVE ECONOMIC ZONE.—A 

18 vessel equipped with a ballast tank, and 

19 any towed vessel or structure, that oper20 ates entirely within the exclusive economic 

21 zone shall not be required to comply with 

22 the regulations described in subsection 

23 (b)(2). 

24 ‘‘(ii) VESSELS OPERATING IN EN25 CLOSED AQUATIC ECOSYSTEMS.— 

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1 ‘‘(I) IN GENERAL.—Subject to 

2 subclause (II), an existing vessel 

3 equipped with a ballast tank, and any 

4 towed vessel or structure, that oper5 ates exclusively in the upper 4 Great 

6 Lakes (Lake Superior, Lake Michi7 gan, Lake Huron, and Lake Erie, and 

8 the connecting channels), or in an9 other enclosed aquatic ecosystem shall 

10 not be required to comply with the 

11 regulations described in subsection 

12 (b)(1). 

13 ‘‘(II) ADDITIONAL ENCLOSED

14 AQUATIC ECOSYSTEMS.—The Admin15 istrator and the Under Secretary, in 

16 consultation with regional panels of 

17 the Task Force, may determine addi18 tional enclosed aquatic ecosystems in 

19 which the potential for movement of 

20 organisms by natural and anthropo21 genic means is not significantly al22 tered by the movement of the vessels 

23 equipped with ballast tanks. 

24 ‘‘(b) INVASIVE SPECIES MANAGEMENT REGULA25 TIONS AND CERTIFICATION PROCEDURES.— 

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1 ‘‘(1) REGULATIONS.—Not later than 18 months 

2 after the date of enactment of the National Aquatic 

3 Invasive Species Act of 2007, the Secretary, with the 

4 concurrence of the Administrator and in consultation 

5 with the Task Force, shall promulgate final regula6 tions establishing performance requirements for ves7 sels to reduce, with the goal of elimination, introduc8 tion by the vessels of invasive species to waters of 

9 the United States, including— 

10 ‘‘(A) ballast water management operations 

11 (including relevant contingency procedures in 

12 instances in which a safety exemption is used 

13 pursuant to subsection (h)); and 

14 ‘‘(B) management of other vessel path15 ways, including the hull and sea chest of a ves16 sel. 

17 ‘‘(2) BALLAST WATER EXCHANGE.—The ballast 

18 water exchange regulations promulgated pursuant to 

19 paragraph (1)— 

20 ‘‘(A) shall apply only to existing vessels; 

21 ‘‘(B) shall expire not later than December 

22 31, 2011; and 

23 ‘‘(C) shall include— 

24 ‘‘(i) a provision for ballast water ex25 change that requires— 

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1 ‘‘(I) at least 1 empty-and-refill 

2 cycle, outside the exclusive economic 

3 zone or in an alternative exchange 

4 area designated by the Secretary, of 

5 each ballast tank that contains ballast 

6 water to be discharged into waters of 

7 the United States; or 

8 ‘‘(II) for a case in which the 

9 master of a vessel determines that 

10 compliance with the requirement 

11 under subclause (I) is impracticable, a 

12 sufficient number of flow-through ex13 changes of ballast water, outside the 

14 exclusive economic zone or in an alter15 native exchange area designated by 

16 the Secretary, to achieve replacement 

17 of at least 95 percent of ballast water 

18 in ballast tanks of the vessel, as deter19 mined by a certification dye study 

20 conducted or model developed in ac21 cordance with protocols developed 

22 under paragraph (5)(B) and recorded 

23 in the management plan of a vessel 

24 pursuant to subsection 

25 (a)(1)(C)(ii)(I); and 

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1 ‘‘(ii) if a ballast water exchange is not 

2 undertaken pursuant to subsection (h), a 

3 contingency procedure that requires the 

4 master of a vessel to use the best prac5 ticable technology or practice to treat bal6 last discharge. 

7 ‘‘(3) BALLAST WATER TREATMENT.— 

8 ‘‘(A) IN GENERAL.—The regulations pro9 mulgated pursuant to paragraph (1) shall re10 quire a vessel to which this section applies to 

11 conduct ballast water treatment beginning on 

12 January 1, 2012, in accordance with this para13 graph before discharging ballast water. 

14 ‘‘(B) PERFORMANCE STANDARDS.—Sub15 ject to subparagraph (C)(ii), the regulations 

16 shall require that ballast water discharged 

17 shall— 

18 ‘‘(i) contain— 

19 ‘‘(I) less than 1 living organism 

20 per 10 cubic meters that is 50 or 

21 more micrometers in minimum dimen22 sion; 

23 ‘‘(II) less than 1 living organism 

24 per 10 milliliters that is— 

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1 ‘‘(aa) less than 50 microm2 eters in minimum dimension; and 

3 ‘‘(bb) more than 10 microm4 eters in minimum dimension; 

5 ‘‘(III) concentrations of indicator 

6 microbes that are less than— 

7 ‘‘(aa)(AA) 1 colony-forming 

8 unit of toxicogenic Vibrio cholera 

9 (serotypes O1 and O139) per 

10 100 milliliters; or 

11 ‘‘(BB) 1 colony-forming unit 

12 of that microbe per gram of wet 

13 weight of zoological samples; 

14 ‘‘(bb) 126 colony-forming 

15 units of escherichia coli per 100 

16 milliliters; and 

17 ‘‘(cc) 33 colony-forming 

18 units of intestinal enterococci per 

19 100 milliliters; and 

20 ‘‘(IV) concentrations of such ad21 ditional indicator microbes as may be 

22 specified in regulations promulgated 

23 by the Secretary, in consultation with 

24 the Administrator, that are less than 

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1 the quantities specified in those regu2 lations; or 

3 ‘‘(ii) comply with an alternative stand4 ard that is at least as protective as the 

5 standards under clause (i), as determined 

6 by the Secretary. 

7 ‘‘(C) BEST PERFORMANCE TREATMENT

8 AVAILABLE.— 

9 ‘‘(i) IN GENERAL.—Not later than 

10 December 31, 2010, the Secretary, in con11 sultation with the Administrator, based on 

12 technology assessments implemented before 

13 July 31, 2010, shall determine whether 

14 technologies exist that provide for the 

15 achievement of the standards described in 

16 subparagraph (B). 

17 ‘‘(ii) MODIFICATION OF STAND18 ARDS.—If the Secretary, in consultation 

19 with the Administrator, determines under 

20 clause (i) that no technology exists that 

21 provides for the achievement of the stand22 ards described in subparagraph (B), the 

23 Secretary shall modify the standards to en24 sure consistency with the best performance 

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1 tems assessed that meet, at a minimum, 

2 the applicable ballast water discharge 

3 standard of the International Maritime Or4 ganization. 

5 ‘‘(D) RECEPTION FACILITY EXCEPTION.— 

6 ‘‘(i) IN GENERAL.—The requirements 

7 of this paragraph shall not apply to a ves8 sel that discharges ballast water into a 

9 land-based or water-based facility for the 

10 reception of ballast water that meets each 

11 applicable standard under clause (ii). 

12 ‘‘(ii) APPLICABLE STANDARDS.—Not 

13 later than 1 year after the date of enact14 ment of the National Aquatic Invasive Spe15 cies Act of 2007, the Administrator and 

16 the Secretary shall jointly promulgate 

17 standards for— 

18 ‘‘(I) the reception of ballast 

19 water in land-based and water-based 

20 reception facilities; and 

21 ‘‘(II) the disposal or treatment of 

22 received ballast water in a manner 

23 that does not damage the environ24 ment, human health, property, or re25 sources. 

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1 ‘‘(4) REVIEW AND REVISION.—The Secretary, 

2 in concurrence with the Administrator, shall review 

3 and revise, not less frequently than once every 3 

4 years— 

5 ‘‘(A) any determination relating to the de6 termination under paragraph (3)(C)(i); and 

7 ‘‘(B) any modification of a standard under 

8 paragraph (3)(C)(ii). 

9 ‘‘(5) CERTIFICATION OF TREATMENTS AND

10 PRACTICES.— 

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

12 date on which regulations are promulgated pur13 suant to paragraph (1), the Secretary shall, 

14 with the concurrence of the Administrator, pro15 mulgate regulations for— 

16 ‘‘(i) the certification of treatments or 

17 practices the performances of which com18 ply with the regulations; and 

19 ‘‘(ii) on-going enforcement of the ef20 fective use of the certified treatments or 

21 practices. 

22 ‘‘(B) CERTIFICATION OF BALLAST WATER

23 EXCHANGE PROCEDURES.—The certification of 

24 ballast water exchange procedures in compli25 ance with the regulations promulgated pursuant 

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1 to paragraph (2) shall be based on a qualified 

2 type-approval process, including a protocol in3 volving dye studies or models detailing flow dy4 namics of a vessel or class of vessels described 

5 in paragraph (2)(A)(ii) for demonstrating the 

6 number of flow-through exchanges necessary for 

7 such a vessel to meet the percentage purge re8 quirements associated with the flow-through 

9 technique for ballast water exchange. 

10 ‘‘(C) CERTIFICATION OF ALL OTHER BAL11 LAST WATER DISCHARGE TREATMENTS.—The 

12 certification of treatments in compliance with 

13 the regulations promulgated pursuant to para14 graph (3) shall be based on a qualified type-ap15 proval process that— 

16 ‘‘(i) is capable of estimating the ex17 tent to which ballast water discharge treat18 ed by a ballast water treatment system is 

19 likely to comply with applicable standards, 

20 including any restrictions relating to— 

21 ‘‘(I) biological, chemical, or phys22 ical conditions of water taken into bal23 last; and 

24 ‘‘(II) conditions encountered dur25 ing a voyage; 

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1 ‘‘(ii) is capable of determining the ex2 tent to which a ballast water treatment 

3 method— 

4 ‘‘(I) is environmentally sound, 

5 based on criteria promulgated by the 

6 Administrator under paragraph 

7 (8)(A); and 

8 ‘‘(II) is safe for vessel and crew; 

9 ‘‘(iii) may be used in estimating the 

10 expected useful life of the ballast water 

11 treatment system, as determined on the 

12 basis of voyage patterns and normal use 

13 conditions; 

14 ‘‘(iv) includes a ship-board testing 

15 component (and may include a shore-based 

16 testing component); 

17 ‘‘(v) provides for appropriate moni18 toring, as determined by the Adminis19 trator; 

20 ‘‘(vi) provides for revocation by the 

21 Administrator of approval pending the re22 sults of the monitoring; and 

23 ‘‘(vii) is cost-effective. 

24 ‘‘(D) EXPIRATION OF BALLAST WATER EX25 CHANGE OPTION.—On the date of expiration of 

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•S 791 IS

1 the ballast water exchange option under para2 graph (2), the certification process shall apply 

3 to all methods of ballast water management, 

4 treatment, and system design. 

5 ‘‘(E) REVIEW AND REVISION.—Not less 

6 frequently than once every 3 years, the Sec7 retary, in conjunction with the Administrator, 

8 shall review and, if necessary, revise the certifi9 cation process pursuant to subsection (d)(1). 

10 ‘‘(F) APPLICATION FOR APPROVAL.— 

11 ‘‘(i) IN GENERAL.—The Secretary and 

12 the Administrator shall approve an appli13 cation for certification of a ballast water 

14 treatment system only if the application is 

15 in such form and contains such informa16 tion as the Secretary and Administrator 

17 may require. 

18 ‘‘(ii) APPROVAL AND DISAPPROVAL.— 

19 ‘‘(I) IN GENERAL.—On receipt of 

20 an application under clause (i)— 

21 ‘‘(aa) the Administrator 

22 shall, not later than 90 days 

23 after the date of receipt of the 

24 application— 

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1 ‘‘(AA) review the appli2 cation for compliance and 

3 consistency with environ4 mental soundness criteria 

5 promulgated under para6 graph (8)(A); and 

7 ‘‘(BB) approve those 

8 ballast water treatment sys9 tems that meet those cri10 teria; and 

11 ‘‘(bb) the Secretary, in con12 sultation with the Task Force, 

13 shall, not later than 180 days 

14 after the date of receipt of the 

15 application— 

16 ‘‘(AA) determine 

17 whether the ballast water 

18 treatment system covered by 

19 the application meets the re20 quirements of this sub21 section, as appropriate; 

22 ‘‘(BB) approve or dis23 approve the application; and 

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1 ‘‘(CC) provide the ap2 plicant written notice of ap3 proval or disapproval. 

4 ‘‘(II) LIMITATIONS.—An applica5 tion approved under subclause (I) 

6 shall— 

7 ‘‘(aa) be qualified with any 

8 limitations relating to voyage 

9 pattern, duration, or any other 

10 characteristic that may affect the 

11 effectiveness or environmental 

12 soundness of the ballast water 

13 treatment system covered by the 

14 application, as determined by the 

15 Secretary in consultation with 

16 the Administrator; 

17 ‘‘(bb) be applicable to a spe18 cific vessel or group of vessels, as 

19 determined by the Secretary; 

20 ‘‘(cc) be valid for the least 

21 of— 

22 ‘‘(AA) the expected use23 ful life of the ballast water 

24 treatment system; 

25 ‘‘(BB) 10 years; or 

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1 ‘‘(CC) such period of 

2 time for which the Secretary 

3 or Administrator (as appro4 priate) determines that 

5 (based on available informa6 tion, including information 

7 developed pursuant to para8 graph (6)(B)(iii)) there ex9 ists a serious deficiency in 

10 performance or environ11 mental soundness of the sys12 tem relative to anticipated 

13 performance or environ14 mental soundness; and 

15 ‘‘(dd) be renewed if— 

16 ‘‘(AA) the Secretary de17 termines that the ballast 

18 water treatment system re19 mains in compliance with 

20 applicable standards as of 

21 the date of application for 

22 renewal; or 

23 ‘‘(BB) the remaining 

24 useful life of the vessel is 

25 less than 10 years. 

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1 ‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST

2 WATER TREATMENT.— 

3 ‘‘(A) IN GENERAL.—The owner or operator 

4 of a vessel may submit to the Secretary an ap5 plication to test or evaluate a promising ballast 

6 water treatment technology that— 

7 ‘‘(i) has the potential to achieve the 

8 standards required under paragraph (3); 

9 and 

10 ‘‘(ii) is likely to achieve a minimum 

11 performance that is the same as or more 

12 stringent than a standard required under 

13 paragraph (3)(C)(ii), as applicable. 

14 ‘‘(B) APPROVAL.—The Secretary shall ap15 prove an application under subparagraph (A) 

16 if— 

17 ‘‘(i) the Secretary and the Adminis18 trator determine that the treatment tech19 nologies have the potential to achieve the 

20 standards required under paragraph (3); 

21 and 

22 ‘‘(ii) the Administrator determines, 

23 based on independent and peer-reviewed 

24 information provided to the Secretary by 

25 the owner or operator of the vessel or 

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1 other applicable parties, that the treatment 

2 technologies— 

3 ‘‘(I) comply with environmental 

4 requirements (including regulations); 

5 and 

6 ‘‘(II) have the potential to meet 

7 environmental soundness criteria es8 tablished under paragraph (8)(A)(i). 

9 ‘‘(C) WAIVER.—If the Secretary approves 

10 an application under subparagraph (B), the 

11 Secretary and the Administrator may waive the 

12 requirements under subsection (a)(4)(A) with 

13 respect to the vessel that is subject to the appli14 cation approved. 

15 ‘‘(D) LIMITATIONS.— 

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

17 the treatment system approved under this 

18 section may cease prior to the termination 

19 of the approval period described in clause 

20 (ii). 

21 ‘‘(ii) PERIOD OF APPROVAL.—Ap22 proval granted under subparagraph (B) 

23 shall be for the least of— 

24 ‘‘(I) the expected useful life of 

25 the ballast water treatment system; 

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1 ‘‘(II) a period of 10 years; or 

2 ‘‘(III) a period ending on the 

3 date that the Secretary and Adminis4 trator (as appropriate) determines 

5 that there exists a serious deficiency 

6 in performance or human safety or 

7 environmental soundness of the sys8 tem relative to anticipated perform9 ance or environmental soundness. 

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

11 of receiving experimental approval for a 

12 treatment under subparagraph (B), the 

13 owner or operator of a vessel shall agree to 

14 collect and report such information regard15 ing the operational and biological effective16 ness of the treatment through sampling of 

17 the intake and discharge ballast as the 

18 Secretary may request. 

19 ‘‘(iv) RENEWAL.—An experimental 

20 approval may be renewed in accordance 

21 with paragraph (5)(F)(ii). 

22 ‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS23 TEMS.— 

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

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•S 791 IS

1 trator shall assist owners or operators of vessels 

2 that seek to obtain experimental approval for 

3 installation of ballast water treatment systems, 

4 including through providing guidance on— 

5 ‘‘(i) a sampling protocol and test pro6 gram for cost effective treatment evalua7 tion; 

8 ‘‘(ii) sources of sampling equipment 

9 and field biological expertise; and 

10 ‘‘(iii) examples of shipboard evalua11 tion studies. 

12 ‘‘(B) SELECTION OF TECHNOLOGIES AND

13 PRACTICES.—In selecting technologies and 

14 practices for shipboard demonstration under 

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

16 and the Secretary of Commerce shall give pri17 ority consideration to technologies and practices 

18 that have received or are in the process of re19 ceiving certification under paragraph (5). 

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

21 shall annually summarize, and make available 

22 to interested parties, all available information 

23 on the performance of technologies proposed for 

24 ballast treatment to facilitate the application 

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1 process for experimental approval for ballast 

2 water treatment under paragraph (6). 

3 ‘‘(8) ENVIRONMENTAL SOUNDNESS CRITERIA

4 FOR BALLAST TREATMENTS.— 

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

6 shall include in criteria promulgated under sec7 tion 1202(k)(1)(A) specific criteria— 

8 ‘‘(i) to ensure environmental sound9 ness of ballast treatment systems; and 

10 ‘‘(ii) to grant environmental sound11 ness exceptions under subparagraph (B). 

12 ‘‘(B) EXCEPTIONS.—The Secretary and 

13 the Administrator shall submit to Congress a 

14 report on the need for short-term emergency ex15 ceptions to the environmental soundness criteria 

16 promulgated under subparagraph (A). 

17 ‘‘(c) GREAT LAKES PROGRAM.— 

18 ‘‘(1) REGULATIONS.— 

19 ‘‘(A) IN GENERAL.—Until such time as 

20 regulations are promulgated to implement the 

21 amendments made by the National Aquatic 

22 Invasive Species Act of 2007, regulations pro23 mulgated to carry out this Act shall remain in 

24 effect until revised or replaced pursuant to the 

25 National Aquatic Invasive Species Act of 2007. 

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1 ‘‘(B) NO BALLAST ON BOARD.—Not later 

2 than 180 days after the date of enactment of 

3 the National Aquatic Invasive Species Act of 

4 2007, the Secretary shall promulgate regula5 tions to minimize the discharge of invasive spe6 cies from ships that claim no ballast on board, 

7 or that claim to be carrying only unpumpable 

8 quantities of ballast, including, at a minimum, 

9 a requirement that— 

10 ‘‘(i) such a ship shall conduct salt11 water flushing of ballast water tanks— 

12 ‘‘(I) outside the exclusive eco13 nomic zone; or 

14 ‘‘(II) at a designated alternative 

15 exchange site; and 

16 ‘‘(ii) before being allowed entry be17 yond the St. Lawrence Seaway, the master 

18 of such a ship shall certify that the ship 

19 has complied with each applicable require20 ment under this subsection. 

21 ‘‘(C) EARLY TECHNOLOGY.— 

22 ‘‘(i) IN GENERAL.—Not later than 

23 180 days after the date of enactment of 

24 the National Aquatic Invasive Species Act 

25 of 2007, the Secretary shall promulgate 

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1 regulations allowing ships entering the 

2 Great Lakes to use a ballast water treat3 ment technology that is as effective as bal4 last water exchange, as determined by the 

5 Secretary. 

6 ‘‘(ii) REQUIREMENT.—The regulations 

7 under clause (i) shall include a provision 

8 that a ballast water treatment technology 

9 used for purposes of complying with the 

10 regulations shall be permitted for the 

11 shorter of— 

12 ‘‘(I) the 10-year period beginning 

13 on the date of initial use of the tech14 nology; and 

15 ‘‘(II) the life of the ship on which 

16 the technology is used. 

17 ‘‘(iii) TREATMENT EQUIVALENCY TO

18 BALLAST WATER EXCHANGE.—For pur19 poses of the regulations under clause (i), 

20 the discharge standard of the International 

21 Maritime Organization shall be considered 

22 to be as effective as ballast water ex23 change. 

24 ‘‘(2) RELATIONSHIP TO OTHER PROGRAMS.— 

25 On implementation of a national mandatory ballast 

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1 management program that is at least as comprehen2 sive as the Great Lakes program (as determined by 

3 the Secretary, in consultation with the Governors of 

4 Great Lakes States)— 

5 ‘‘(A) the program regulating vessels and 

6 ballast water in Great Lakes under this section 

7 shall terminate; and 

8 ‘‘(B) the national program shall apply to 

9 such vessels and ballast water. 

10 ‘‘(3) REVIEW AND REVISION.— 

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

12 date that is 18 months after the date of enact13 ment of the National Aquatic Invasive Species 

14 Act of 2007, the Secretary shall— 

15 ‘‘(i) review and revise regulations pro16 mulgated under this section to ensure the 

17 regulations provide the maximum prac18 ticable protection of the Great Lakes eco19 system from introduction by vessels (in20 cluding vessels in the unballasted condi21 tion) of aquatic invasive species; and 

22 ‘‘(ii) promulgate the revised regula23 tions. 

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

25 shall include, at a minimum, requirements 

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•S 791 IS

1 under subsections (a) and (b) (as amended by 

2 that Act). 

3 ‘‘(d) PERIODIC REVIEW AND REVISION OF REGULA4 TIONS.— 

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

6 after the date of enactment of the National Aquatic 

7 Invasive Species Act of 2007, and not less often 

8 than every 3 years thereafter, the Secretary shall 

9 (with the concurrence of the Administrator, based on 

10 recommendations of the Task Force, and informa11 tion collected and analyzed under this title and in 

12 accordance with criteria developed by the Task 

13 Force under paragraph (3))— 

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

15 regulations promulgated under this section; 

16 ‘‘(B) assess the effectiveness of the regula17 tions referred to in subparagraph (A) in reduc18 ing the introduction and spread of aquatic 

19 invasive species by vessels; and 

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

21 scientific information available— 

22 ‘‘(i) revise the regulations referred to 

23 in subparagraph (A); and 

24 ‘‘(ii) promulgate additional regula25 tions. 

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1 ‘‘(2) 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 Program, the Secretary 

5 shall (with the concurrence of the Administrator)— 

6 ‘‘(A) conduct a special review of regula7 tions in accordance with paragraph (1); and 

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

9 provided under paragraph (1)(C)— 

10 ‘‘(i) revise those guidelines; or 

11 ‘‘(ii) promulgate additional regula12 tions. 

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

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

15 National Aquatic Invasive Species Act of 2007, and 

16 every 3 years thereafter, the Task Force shall sub17 mit to the Secretary criteria for determining the 

18 adequacy and effectiveness of all regulations promul19 gated under this section. 

20 ‘‘(e) SANCTIONS.— 

21 ‘‘(1) CIVIL PENALTIES.— 

22 ‘‘(A) IN GENERAL.—Any person that vio23 lates a regulation promulgated under this sec24 tion shall be liable for a civil penalty in an 

25 amount not to exceed $50,000. 

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

2 of a continuing violation constitutes a separate 

3 violation. 

4 ‘‘(C) LIABILITY OF VESSELS.—A vessel op5 erated in violation of a regulation promulgated 

6 under this Act shall be liable in rem for any 

7 civil penalty assessed under this subsection for 

8 that violation. 

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

10 knowingly violates the regulations promulgated 

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

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

13 of the Secretary, the Secretary of the Treasury shall 

14 withhold or revoke the clearance of a vessel required 

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

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

17 in violation of the regulations promulgated under 

18 subsection (b). 

19 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub20 section does not apply to a failure to exchange bal21 last water if— 

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

23 faith, decides that the exchange of ballast water 

24 will threaten the safety or stability of the vessel 

25 or the crew or passengers of the vessel; and 

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1 ‘‘(B) the vessel complies with— 

2 ‘‘(i) recordkeeping requirements of 

3 this Act; 

4 ‘‘(ii) contingency requirements of sec5 tion 1211; and 

6 ‘‘(iii) reporting requirements of this 

7 Act. 

8 ‘‘(f) COORDINATION WITH OTHER AGENCIES.—The 

9 Secretary is encouraged to use (with consent) the exper10 tise, facilities, members, or personnel of, appropriate Fed11 eral and State agencies and organizations that have rou12 tine contact with vessels, as determined by the Secretary. 

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

14 OTHER FOREIGN GOVERNMENTS.—In developing the 

15 guidelines issued and regulations promulgated under this 

16 section, the Secretary is encouraged to consult with the 

17 Government of Canada, the Government of Mexico, and 

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

20 to be necessary to develop and implement an effective 

21 international program for preventing the unintentional in22 troduction and spread of nonindigenous species. 

23 ‘‘(h) SAFETY EXEMPTION.— 

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

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1 change if the Master determines that the exchange 

2 would threaten the safety or stability of the vessel, 

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

4 adverse weather, vessel architectural design, equip5 ment failure, or any other extraordinary conditions. 

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

7 does not exchange ballast water on the high seas 

8 under paragraph (1) shall not discharge ballast 

9 water in any harbor, except in accordance with a 

10 contingency strategy approved by the Secretary (and 

11 included in the invasive species management plan of 

12 the vessel) to reduce the risk of organism transfer 

13 by the discharge (using the best practicable tech14 nology and practices pursuant to regulations promul15 gated under subsection (b)(1)). 

16 ‘‘(i) NON-DISCRIMINATION.—The Secretary shall en17 sure that vessels registered outside of the United States 

18 do not receive more favorable treatment than vessels reg19 istered in the United States in any case in which the Sec20 retary performs studies, reviews compliance, determines 

21 effectiveness, establishes requirements, or performs any 

22 other responsibilities under this Act. 

23 ‘‘(j) EFFECT ON OTHER LAW.—Nothing in this sec24 tion or any regulation promulgated under this section su25 persedes or otherwise affects any requirement or prohibimstockstill on PROD1PC66 with BILLS

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1 tion relating to the discharge of ballast water under the 

2 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

3 seq.).’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 1102(c)(1) of the Nonindigenous 

6 Aquatic Nuisance Prevention and Control Act of 

7 1990 (16 U.S.C. 4712(c)(1)) is amended by striking 

8 ‘‘issued under section 1101(b)’’ and inserting ‘‘pro9 mulgated under section 1101(e)’’. 

10 (2) Section 1102(f)(1)(B) of the Nonindigenous 

11 Aquatic Nuisance Prevention and Control Act of 

12 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by 

13 striking ‘‘guidelines issued pursuant to section 

14 1101(c)’’ and inserting ‘‘regulations promulgated 

15 under section 1101(e)’’. 

16 SEC. 112. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

17 PROGRAM. 

18 Section 1103 of the Nonindigenous Aquatic Nuisance 

19 Prevention and Control Act of 1990 (16 U.S.C. 4713) is 

20 amended— 

21 (1) by striking the section heading and insert22 ing the following: 

23 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE24 MENT PROGRAM.’’; 

25 and 

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1 (2) in subsection (a)— 

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

3 the following: 

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

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

6 ‘‘(2) TOWED VESSEL MANAGEMENT PRO7 GRAM.— 

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

9 conditions, the Secretary of Defense, in con10 sultation with the Secretary and the Task 

11 Force, shall implement a towed vessel manage12 ment program for Department of Defense ves13 sels to minimize the risk of introductions of 

14 aquatic invasive species through hull and asso15 ciated hull aperture transfers by towed vessels. 

16 ‘‘(B) CURRENT BALLAST PROGRAM.—Ex17 cept as provided in subparagraph (A), this Act 

18 does not affect the ballast program for Depart19 ment of Defense vessels in effect on the date of 

20 enactment of the National Aquatic Invasive 

21 Species Act of 2007. 

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

23 the date of enactment of the National Aquatic 

24 Invasive Species Act of 2007, and every 3 years 

25 thereafter, the Secretary of Defense shall submit to 

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1 Congress a report that includes a summary and 

2 analysis of the program carried out under this sec3 tion.’’. 

4 PART III—PREVENTION OF INTRODUCTION OF 

5 AQUATIC INVASIVE SPECIES BY OTHER 

6 PATHWAYS 

7 SEC. 121. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

8 Subtitle C of title I of the Nonindigenous Aquatic 

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

10 4721 et seq.) is amended by adding at the end the fol11 lowing: 

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

13 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH14 WAYS.—Not later than 2 years after the date of enactment 

15 of the National Aquatic Invasive Species Act of 2007, and 

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

17 with the National Invasive Species Council and in con18 sultation with representatives of States, industry, and 

19 other interested parties, shall, based on pathway surveys 

20 conducted under this title and other available research re21 lating to the rates of introductions in waters of the United 

22 States— 

23 ‘‘(1) identify those pathways that pose the high24 est risk for introductions of invasive species, both 

25 nationally and on a region-by-region basis; 

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1 ‘‘(2) develop recommendations for management 

2 strategies for those high-risk pathways; 

3 ‘‘(3) include in the report to Congress required 

4 under section 1201(f)(2)(B) a description of the 

5 identifications, strategies, and recommendations 

6 based on research collected under this title; and 

7 ‘‘(4) identify invasive species not yet introduced 

8 into waters of the United States that are likely to 

9 be introduced into waters of the United States un10 less preventative measures are taken. 

11 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH12 WAYS.—Not later than 3 years after the date of enactment 

13 of the National Aquatic Invasive Species Act of 2007, the 

14 Task Force or agencies of jurisdiction shall, to the max15 imum extent practicable, implement the strategies de16 scribed in subsection (a)(2), considering appropriate peri17 odic updates to the strategies.’’. 

18 SEC. 122. SCREENING PROCESS FOR PLANNED IMPORTA19 TIONS OF LIVE AQUATIC ORGANISMS. 

20 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

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1 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA2 TIONS OF AQUATIC ORGANISMS. 

3 ‘‘(a) PURPOSE.—The purpose of the screening proc4 ess under this section is to prevent the introduction or 

5 establishment of aquatic invasive species, including patho6 gens and parasites of the species, in waters of the United 

7 States and contiguous waters of Canada and Mexico. 

8 ‘‘(b) CATALOG OF SPECIES IN TRADE.—Not later 

9 than 18 months after the date of enactment of the Na10 tional Aquatic Invasive Species Act of 2007, the Director 

11 of the United States Geological Survey, the Administrator 

12 of the Animal and Plant Health Inspection Service, the 

13 Director of the Smithsonian Environmental Research Cen14 ter, and other Federal agencies with jurisdiction over 

15 planned importations of live organisms, shall— 

16 ‘‘(1) develop and, as necessary, update a cata17 log of species in trade; and 

18 ‘‘(2) include the catalog in the information pro19 vided to the public pursuant to section 1102(f). 

20 ‘‘(c) PLANNED IMPORTATIONS.—Not later than 3 

21 years after the date of enactment of the National Aquatic 

22 Invasive Species Act of 2007, no aquatic organism of a 

23 species that is not in trade shall be imported into the 

24 United States without screening and approval in accord25 ance with this section. 

26 ‘‘(d) GUIDELINES.— 

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

2 after the date of enactment of the National Aquatic 

3 Invasive Species Act of 2007, the National Invasive 

4 Species Council, in conjunction with the Task Force 

5 and in consultation with affected regional panels, 

6 States, Indian tribes, and other stakeholders, shall 

7 promulgate guidelines for screening proposed 

8 planned importations of aquatic organisms into the 

9 United States. 

10 ‘‘(2) CONTENT.—At a minimum, the guidelines 

11 under paragraph (1) shall include guidelines relating 

12 to— 

13 ‘‘(A) the minimum information require14 ments for screening determinations under sub15 section (e); 

16 ‘‘(B) a simplified notification procedure for 

17 any additional shipment of organisms that may 

18 occur after completion of an initial screening 

19 process and determination under subsection (e); 

20 ‘‘(C) application forms; and 

21 ‘‘(D) shipping labels. 

22 ‘‘(3) FACTORS FOR CONSIDERATION.—In devel23 oping guidelines under this section, the National 

24 Invasive Species Council and the Task Force shall 

25 take into consideration— 

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1 ‘‘(A) the likelihood of the spread of the ap2 plicable species by human or natural means; 

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

4 with the species planned for importation, in5 cluding pathogens, parasites, and free-living or6 ganisms; 

7 ‘‘(C) regional differences in the probability 

8 of invasion and associated impacts; 

9 ‘‘(D) the difficulty of controlling an estab10 lished population of an aquatic invasive species 

11 in the wild; 

12 ‘‘(E) the profile established under section 

13 1108(b); 

14 ‘‘(F) any applicable best available science; 

15 ‘‘(G) the potential benefits associated with 

16 the species; and 

17 ‘‘(H) the requirements of international law. 

18 ‘‘(e) SCREENING.— 

19 ‘‘(1) EVALUATION.— 

20 ‘‘(A) IN GENERAL.—Not later than 180 

21 days after the date of publication of the guide22 lines under subsection (d), each Federal agency 

23 with authority over an importation into the 

24 United States of an aquatic organism of a spe25 cies that is not in trade, as determined in acmstockstill on PROD1PC66 with BILLS

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1 cordance with the catalog under subsection (b), 

2 and that is proposed for importation into the 

3 United States, shall— 

4 ‘‘(i) promulgate regulations in accord5 ance with the guidelines under subsection 

6 (d); and 

7 ‘‘(ii) carry out screening in accordance 

8 with this subsection. 

9 ‘‘(B) REQUIREMENTS.—The head a Fed10 eral agency described in subparagraph (A) or 

11 the Director, as applicable, shall— 

12 ‘‘(i) prohibit the importation into the 

13 United States of any species described in 

14 clause (i) or (iii) of paragraph (2)(B), un15 less the importation is for the sole purpose 

16 of research conducted in accordance with 

17 section 1202(f)(2); 

18 ‘‘(ii) restrict, as necessary, the impor19 tation of any species described in sub20 section (2)(B)(ii), unless the importation is 

21 for the sole purpose of research conducted 

22 in accordance with section 1202(f)(2); 

23 ‘‘(iii) make a determination under this 

24 subsection not later than 180 days after 

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1 receiving a complete request for permission 

2 to import a aquatic organism; and 

3 ‘‘(iv) make the results of the screening 

4 process available to the public. 

5 ‘‘(2) CATEGORIES.—The screening process 

6 under this subsection shall require— 

7 ‘‘(A) to the maximum extent practicable, 

8 the identification, preferably to the species level 

9 but, at a minimum, to the genus level, of aquat10 ic organisms proposed for importation; and 

11 ‘‘(B) the designation of— 

12 ‘‘(i) species with a high or moderate 

13 probability of undesirable impacts to areas 

14 within the United States and contiguous 

15 areas of neighboring countries to which the 

16 species is likely to be spread; 

17 ‘‘(ii) species with a low or no prob18 ability of undesirable impacts to areas 

19 within the United States and contiguous 

20 areas of neighboring counties to which the 

21 species is likely to be spread; and 

22 ‘‘(iii) species with respect to which 

23 there is insufficient information to deter24 mine the risk of such undesirable impacts. 

25 ‘‘(3) DELEGATION AND AUTHORITY.— 

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1 ‘‘(A) IN GENERAL.—If no Federal agency 

2 has the authority described in paragraph 

3 (1)(A), or if the head of such a Federal agency 

4 delegates the screening authority to the Direc5 tor under subparagraph (B), the Director shall 

6 screen the organism. 

7 ‘‘(B) DELEGATION TO DIRECTOR.—The 

8 head of a Federal agency with the authority de9 scribed in paragraph (1)(A) may delegate to the 

10 Director the authority to carry out the screen11 ing process under this subsection. 

12 ‘‘(C) UNITED STATES FISH AND WILDLIFE

13 SERVICE.— 

14 ‘‘(i) IN GENERAL.—The Director may 

15 restrict or prohibit the importation of an 

16 aquatic organism of a species not in trade 

17 in accordance with the regulations promul18 gated under paragraph (1)(A)(i) if— 

19 ‘‘(I) no other Federal agency has 

20 authority to regulate the importation 

21 of the species; or 

22 ‘‘(II) the head of a Federal agen23 cy delegates authority to the Director 

24 under subparagraph (B). 

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1 ‘‘(ii) SCREENING REQUIREMENTS.— 

2 The Director shall promulgate screening 

3 requirements in accordance with the guide4 lines under subsection (d) to evaluate any 

5 planned importation of an aquatic orga6 nism, including an importation carried out 

7 by a Federal agency, that is not otherwise 

8 subject to Federal authority to permit the 

9 importation. 

10 ‘‘(D) MULTIPLE JURISDICTION.— 

11 ‘‘(i) IN GENERAL.—If more than 1 

12 Federal agency has jurisdiction over the 

13 importation of an aquatic organism, the 

14 agencies shall conduct only 1 screening 

15 process in accordance with a memorandum 

16 of understanding described in paragraph 

17 (4). 

18 ‘‘(ii) CULTURED AQUATIC ORGA19 NISMS.—The Secretary of Agriculture shall 

20 conduct screening of any aquatic organism 

21 imported to be cultured. 

22 ‘‘(E) AGENCY-INITIATED SCREENING.—At 

23 the discretion of the Federal agency with juris24 diction over the importation of a species not in 

25 trade, the Federal agency may initiate a screenmstockstill on PROD1PC66 with BILLS

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1 ing process for a species for which no other per2 son has filed an application for importation. 

3 ‘‘(4) MEMORANDUM OF UNDERSTANDING.— 

4 ‘‘(A) IN GENERAL.—The Director shall 

5 enter into a memorandum of understanding 

6 with each Federal agency with the authority to 

7 conduct screening under this subsection. 

8 ‘‘(B) CONTENTS.—A memorandum of un9 derstanding under subparagraph (A) shall con10 tain, at a minimum— 

11 ‘‘(i) a description of the relationship 

12 between, and responsibilities of, each Fed13 eral agency, including a process desig14 nating a lead agency in cases in which 

15 multiple agencies have jurisdiction over the 

16 screening of an aquatic species; 

17 ‘‘(ii) the process by which the Director 

18 will delegate screening duties to, and re19 ceive delegation from, other agencies of ju20 risdiction; and 

21 ‘‘(iii) the process by which the agency 

22 and the National Invasive Species Council 

23 will coordinate and share information re24 quired for the screening of a species. 

25 ‘‘(f) REVIEW AND REVISION.— 

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1 ‘‘(1) IN GENERAL.—Not less frequently than 

2 once every 3 years, the National Invasive Species 

3 Council, in conjunction with the Task Force, shall 

4 review and revise, based on research on early detec5 tion and monitoring under section 1106 and other 

6 information, the guidelines, screening, and other ac7 tivities carried out under this section. 

8 ‘‘(2) REPORT.—Together with the report re9 quired under section 1201(f)(2)(B), the National 

10 Invasive Species Council shall submit to Congress— 

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

12 the screening process carried out under sub13 section (e); 

14 ‘‘(B) the consistency of the application of 

15 the screening process by Federal agencies; and 

16 ‘‘(C) recommendations for revisions of the 

17 screening process. 

18 ‘‘(g) PROHIBITIONS.— 

19 ‘‘(1) IN GENERAL.—Except as otherwise pro20 vided in this section, it shall be unlawful to import 

21 an aquatic organism of a species not in trade. 

22 ‘‘(2) PENALTIES.— 

23 ‘‘(A) CIVIL PENALTY.—Any person that 

24 violates subsection (c) shall be liable for a civil 

25 penalty in an amount not to exceed $50,000. 

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1 ‘‘(B) CRIMINAL PENALTIES.—Any person 

2 that knowingly violates subsection (c) is guilty 

3 of a class C felony. 

4 ‘‘(h) FEES.—The head of any agency that has juris5 diction over a planned importation of an aquatic species 

6 subject to screening under this section may increase the 

7 amount of any appropriate fee that is charged under an 

8 applicable law (including regulations) to offset the cost of 

9 screening carried out under this section. 

10 ‘‘(i) EFFECT ON OTHER LAWS.— 

11 ‘‘(1) IN GENERAL.—Nothing in this section re12 peals, supersedes, or modifies any provision of Fed13 eral or State law relating to the screening process 

14 for aquatic species importation. 

15 ‘‘(2) MORE PROTECTIVE LAWS.—A State, the 

16 District of Columbia, or a territory of the Untied 

17 States may adopt an aquatic plant or animal impor18 tation law, regulation, or policy that requires a more 

19 protective screening process for aquatic species im20 portation than the regulations and policies of this 

21 section.’’. 

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1 PART IV—EARLY DETECTION; RAPID RESPONSE; 

2 CONTROL AND OUTREACH 

3 SEC. 131. EARLY DETECTION. 

4 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

6 seq.) (as amended by section 122) is amended by adding 

7 at the end the following: 

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

9 ‘‘(a) IN GENERAL.—Not later than 18 months after 

10 the date of enactment of the National Aquatic Invasive 

11 Species Act of 2007, in conjunction with the Council, the 

12 Task Force shall (based on the standard protocol for early 

13 detection surveys developed under this title), promulgate 

14 a set of sampling protocols, a geographic plan, and budget 

15 to support a national system of ecological surveys to rap16 idly detect recently-established aquatic invasive species in 

17 waters of the United States. 

18 ‘‘(b) CONTENTS.—The protocols, plan, and budget 

19 shall, at a minimum— 

20 ‘‘(1) address a diversity of aquatic ecosystems 

21 of the United States (including inland and coastal 

22 waters); 

23 ‘‘(2) encourage State, local, port, and tribal 

24 participation in monitoring; 

25 ‘‘(3) balance scientific rigor with practicability, 

26 timeliness, and breadth of sampling activity; 

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1 ‘‘(4) considers the pathways and organisms 

2 identified under section 1210; 

3 ‘‘(5) include a capacity to evaluate the impacts 

4 of permitted importations screened by the processes 

5 established under section 1105; and 

6 ‘‘(6) include clear lines of communication with 

7 appropriate Federal, State, and regional rapid re8 sponse authorities. 

9 ‘‘(c) IMPLEMENTATION.—Not later than 3 years after 

10 the date of enactment of the National Aquatic Invasive 

11 Species Act of 2007, the Director of the United States 

12 Geological Survey, the Administrator of the National Oce13 anic and Atmospheric Administration, and the Adminis14 trator (in consultation with the National Invasive Species 

15 Council and in coordination with other agencies and orga16 nizations) shall implement a national system of ecological 

17 surveys that is— 

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

19 local, port, tribal authorities, and other non-Federal 

20 entities (such as colleges and universities); and 

21 ‘‘(2) based on the protocols, plan, and budget 

22 published under subsection (a) and any public com23 ment.’’. 

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1 SEC. 132. RAPID RESPONSE. 

2 Subtitle C of title I of the Nonindigenous Aquatic 

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

4 4721 et seq.) (as amended by section 121) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 1211. RAPID RESPONSE. 

7 ‘‘(a) EMERGENCY RAPID RESPONSE FUND.— 

8 ‘‘(1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a revolving fund 

10 to assist States in implementing rapid response 

11 measures for aquatic invasive species, to be known 

12 as the ‘Emergency Rapid Response Fund’ (referred 

13 to in this subsection as the ‘Fund’), consisting of— 

14 ‘‘(A) such amounts as are appropriated to 

15 the Fund under section 1301(g)(2)(A); and 

16 ‘‘(B) any interest earned on investment of 

17 amounts in the Fund under paragraph (3). 

18 ‘‘(2) EXPENDITURES FROM FUND.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (C), on request by the Secretary of the 

21 Interior, the Secretary of the Treasury shall 

22 transfer from the Fund to the Secretary of the 

23 Interior such amounts as the Secretary of the 

24 Interior determines are necessary to provide fi25 nancial assistance to a State or the Federal 

26 rapid response team under subparagraph (B) to 

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1 assist in implementing rapid response measures 

2 for aquatic invasive species. 

3 ‘‘(B) STATE ASSISTANCE.— 

4 ‘‘(i) IN GENERAL.—A State may sub5 mit to the Secretary of the Interior an ap6 plication for emergency response assistance 

7 from the Fund. 

8 ‘‘(ii) APPROVAL.—If the Secretary of 

9 the Interior approves an application sub10 mitted under clause (i), the Secretary shall 

11 use amounts provided to the Secretary 

12 under subparagraph (A)— 

13 ‘‘(I) in a case in which a State 

14 has in effect a rapid response contin15 gency strategy that is approved under 

16 subsection (b), to provide emergency 

17 response assistance to the State; and 

18 ‘‘(II) in a case in which the State 

19 does not have a rapid response contin20 gency strategy approved under sub21 section (b) in effect, to provide emer22 gency response assistance to the Fed23 eral rapid response team established 

24 under subsection (f). 

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1 ‘‘(iii) ADDITIONAL FUNDS.—If addi2 tional amounts are needed for the conduct 

3 of emergency response activities in the 

4 State, the Secretary of the Interior may 

5 provide additional assistance to the State 

6 or Federal rapid response team under this 

7 paragraph. 

8 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

9 amount not to exceed 10 percent of the 

10 amounts in the Fund shall be available for each 

11 fiscal year to pay the administrative expenses 

12 necessary to carry out this Act. 

13 ‘‘(3) INVESTMENT OF AMOUNTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary of the 

15 Treasury shall invest such portion of the Fund 

16 as is not, in the judgment of the Secretary of 

17 the Treasury, required to meet current with18 drawals. 

19 ‘‘(B) INTEREST-BEARING OBLIGATIONS.— 

20 Investments may be made only in interest-bear21 ing obligations of the United States. 

22 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

23 the purpose of investments under subparagraph 

24 (A), obligations may be acquired— 

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1 ‘‘(i) on original issue at the issue 

2 price; or 

3 ‘‘(ii) by purchase of outstanding obli4 gations at the market price. 

5 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga6 tion acquired by the Fund may be sold by the 

7 Secretary of the Treasury at the market price. 

8 ‘‘(E) CREDITS TO FUND.—The interest on, 

9 and the proceeds from the sale or redemption 

10 of, any obligations held in the Fund shall be 

11 credited to and form a part of the Fund. 

12 ‘‘(4) TRANSFERS OF AMOUNTS.— 

13 ‘‘(A) IN GENERAL.—The amounts required 

14 to be transferred to the Fund under this section 

15 shall be transferred at least monthly from the 

16 general fund of the Treasury to the Fund on 

17 the basis of estimates made by the Secretary of 

18 the Treasury. 

19 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

20 shall be made in amounts subsequently trans21 ferred to the extent prior estimates were in ex22 cess of or less than the amounts required to be 

23 transferred. 

24 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT25 EGIES.—The Task Force, in consultation with the Namstockstill on PROD1PC66 with BILLS

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1 tional Invasive Species Council, shall approve a rapid re2 sponse contingency strategy of a State if the strategy— 

3 ‘‘(1) identifies all key governmental and non4 governmental partners to be involved in carrying out 

5 the strategy; 

6 ‘‘(2) clearly designates the authorities and re7 sponsibilities of each partner, including the authority 

8 of any State or government of an Indian tribe to dis9 tribute emergency funds; 

10 ‘‘(3) specifies criteria for rapid response meas11 ures, including a diagnostic system that— 

12 ‘‘(A) distinguishes cases in which rapid re13 sponse has a likelihood of success and cases in 

14 which rapid response has no likelihood of suc15 cess; 

16 ‘‘(B) distinguishes rapid response meas17 ures from ongoing management and control of 

18 established populations of aquatic invasive spe19 cies; and 

20 ‘‘(C) distinguishes instances in which the 

21 rate and probability of organism dispersal is 

22 significantly altered by vessel movements; 

23 ‘‘(4) includes an early detection strategy that 

24 supports or complements the early detection and 

25 monitoring system developed under section 1108; 

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1 ‘‘(5) provides for a monitoring capability to as2 sess— 

3 ‘‘(A) the extent of infestations; and 

4 ‘‘(B) the effectiveness of rapid response ef5 forts; 

6 ‘‘(6) to the maximum extent practicable, is inte7 grated into the State aquatic invasive species man8 agement plan approved under section 1204; 

9 ‘‘(7) to the maximum extent practicable, in10 cludes rapid response tools that meet environmental 

11 criteria developed under subsection (f)(4); 

12 ‘‘(8) includes a public education and outreach 

13 component directed at— 

14 ‘‘(A) potential pathways for spread of 

15 aquatic invasive species; and 

16 ‘‘(B) persons involved in industries and 

17 recreational activities associated with those 

18 pathways; and 

19 ‘‘(9) to the extent that the strategy involves 

20 vessels, conforms with guidelines issued by the Sec21 retary under subsection (d)(2). 

22 ‘‘(c) REGIONAL RAPID RESPONSE CONTINGENCY

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

24 the National Invasive Species Council and in consultation 

25 with the regional panels of the Task Force established 

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1 under section 1203, shall encourage the development of 

2 regional rapid response contingency strategies that— 

3 ‘‘(1) provide a consistent and coordinated ap4 proach to rapid response; and 

5 ‘‘(2) are approved by— 

6 ‘‘(A) the Secretary; and 

7 ‘‘(B) the Governors and Indian tribes hav8 ing jurisdiction over areas within a region. 

9 ‘‘(d) MODEL RAPID RESPONSE CONTINGENCY

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

11 of enactment of the National Aquatic Invasive Species Act 

12 of 2007— 

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

14 the National Invasive Species Council and the re15 gional panels of the Task Force established under 

16 section 1203, shall develop— 

17 ‘‘(A) a model State rapid response contin18 gency strategy (including rapid assessment ca19 pability) for aquatic invasive species that meets, 

20 to the maximum extent practicable, the require21 ments of paragraphs (1) through (9) of sub22 section (b); and 

23 ‘‘(B) a model regional rapid response con24 tingency strategy (including rapid assessment 

25 capability) for aquatic invasive species; and 

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

2 Task Force and the regional panels of the Task 

3 Force, shall issue guidelines that describe vessel-re4 lated requirements that may be used in a rapid re5 sponse contingency strategy approved under this sec6 tion. 

7 ‘‘(e) COST SHARING.— 

8 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

9 STRATEGIES.—The Federal share of the cost of ac10 tivities carried out under a State rapid response con11 tingency strategy approved under subsection (b) 

12 shall be not less than 50 percent. 

13 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

14 STRATEGIES.—The Federal share of the cost of ac15 tivities carried out under a regional rapid response 

16 contingency strategy approved under subsection (c) 

17 shall be not less than 75 percent. 

18 ‘‘(3) FORM OF NON-FEDERAL SHARE.—The 

19 non-Federal share required under paragraph (1) or 

20 (2) may be in the form of in-kind contributions. 

21 ‘‘(f) FEDERAL RAPID RESPONSE TEAMS.— 

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

23 than 1 year after the date of enactment of the Na24 tional Aquatic Invasive Species Act of 2007, the Na25 tional Invasive Species Council, in coordination with 

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1 the Task Force and the heads of appropriate Fed2 eral agencies, shall establish a Federal rapid re3 sponse team for each of the 10 Federal regions that 

4 comprise the Standard Federal Regional Boundary 

5 System. 

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

7 response team shall, at a minimum— 

8 ‘‘(A) implement rapid eradication or con9 trol responses for newly detected aquatic 

10 invasive species on Federal and tribal land; 

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

12 rapid responses for newly detected aquatic 

13 invasive species on non-Federal land at the re14 quest of a State, Indian tribe, or group of 

15 States or Indian tribes; 

16 ‘‘(C) provide training and expertise for 

17 State, tribal, or regional rapid responders; 

18 ‘‘(D) provide central sources of informa19 tion for rapid responders; 

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

21 rapid response volunteers; and 

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

23 activity with respect to an aquatic noxious weed 

24 listed under section 412(f) of the Plant Protec25 tion Act (7 U.S.C. 7712(f)), include representamstockstill on PROD1PC66 with BILLS

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1 tives of the Animal and Plant Health Inspection 

2 Service. 

3 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

4 RAPID RESPONSE WARRANTING FEDERAL ASSIST5 ANCE.—Not later than 1 year after the date of en6 actment of the National Aquatic Invasive Species 

7 Act of 2007, the Task Force, with the concurrence 

8 of the National Invasive Species Council, shall de9 velop criteria to identify cases warranting Federal 

10 assistance for rapid assessment and response under 

11 this subsection, including indicative criteria relating 

12 to, at a minimum— 

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

14 aquatic invasive species may be managed suc15 cessfully by rapid response; 

16 ‘‘(B) the extent to which rapid response ef17 forts may differ from ongoing management and 

18 control; and 

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

20 nonindigenous aquatic invasive species are con21 sidered to be an acute or chronic threat to— 

22 ‘‘(i) biodiversity of native aquatic or23 ganisms; 

24 ‘‘(ii) habitats of native fish and wild25 life; or 

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1 ‘‘(iii) human health. 

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

3 than 1 year after the date of enactment of the Na4 tional Aquatic Invasive Species Act of 2007, the Ad5 ministrator, in consultation with the National 

6 Invasive Species Council, the Secretary of Transpor7 tation, the Task Force (including regional panels of 

8 the Task Force established under section 1203), the 

9 Director, and the Director of the National Marine 

10 Fisheries Service, shall develop environmental cri11 teria to minimize nontarget environmental impacts 

12 of rapid responses carried out pursuant to this sec13 tion.’’. 

14 SEC. 133. ENVIRONMENTAL SOUNDNESS. 

15 Section 1202 of the Nonindigenous Aquatic Nuisance 

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

17 amended— 

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

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

20 (2) by inserting after subsection (i) the fol21 lowing: 

22 ‘‘(j) IMPROVEMENT OF TREATMENT METHODS FOR

23 AQUATIC INVASIVE SPECIES.— 

24 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

25 SOUNDNESS OF TREATMENT METHODS.— 

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

2 after the date of enactment of the National 

3 Aquatic Invasive Species Act of 2007, the Ad4 ministrator, in consultation with the Secretary, 

5 the National Invasive Species Council, and the 

6 Task Force (including any regional panels of 

7 the Task Force) shall promulgate criteria to 

8 evaluate the treatment methods described in 

9 subparagraph (B) for the purpose of ensuring 

10 that the treatment methods pose no significant 

11 threat of adverse effect on human health, public 

12 safety, or the environment (including air quality 

13 and the aquatic environment) that is acute, 

14 chronic, cumulative, or collective. 

15 ‘‘(B) TREATMENT METHODS.—The treat16 ment methods referred to in subparagraph (A) 

17 are all mechanical, physical, chemical, biologi18 cal, and other treatment methods used in bodies 

19 of water of the United States (regardless of 

20 whether the bodies of water are navigable and 

21 regardless of the origin of the waters), to pre22 vent, treat, or respond to the introduction of 

23 aquatic invasive species. 

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

2 subparagraph (A), the Administrator shall con3 sult with— 

4 ‘‘(i) the Secretary of Transportation; 

5 ‘‘(ii) the Task Force (including the re6 gional panels of the Task Force established 

7 under section 1203); 

8 ‘‘(iii) the Director; 

9 ‘‘(iv) the Assistant Secretary; 

10 ‘‘(v) the Director of the National Ma11 rine Fisheries Service; and 

12 ‘‘(vi) relevant State agencies. 

13 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI14 RONMENTALLY SOUND TREATMENT METHODS.—The 

15 Administrator, in consultation with the National 

16 Invasive Species Council, shall publish (not later 

17 than 1 year after the date of enactment of the Na18 tional Aquatic Invasive Species Act of 2007) and up19 date annually— 

20 ‘‘(A) a list of environmentally sound treat21 ment methods that may apply to a potential 

22 aquatic invasive species response effort; 

23 ‘‘(B) accompanying research that supports 

24 the environmental soundness of each approved 

25 treatment method; and 

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1 ‘‘(C) explicit guidelines under which each 

2 treatment method can be used in an environ3 mentally sound manner. 

4 ‘‘(3) REPORTS.—The National Invasive Species 

5 Council and Task Force shall include the informa6 tion described in paragraph (2) in the reports sub7 mitted under section 1201(f)(2)(B).’’. 

8 SEC. 134. INFORMATION, EDUCATION, AND OUTREACH. 

9 Section 1202(h) of the Nonindigenous Aquatic Nui10 sance Prevention and Control Act of 1990 (16 U.S.C. 

11 4722(h)) is amended— 

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

13 Force’’ and inserting the following: 

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

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

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

17 ‘‘(2) ACTIVITIES.— 

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

19 out under paragraph (1) shall include the ac20 tivities described in this paragraph. 

21 ‘‘(B) PUBLIC OUTREACH.— 

22 ‘‘(i) PUBLIC WARNINGS.—Not later 

23 than 180 days after the date of enactment 

24 of the National Aquatic Invasive Species 

25 Act of 2007, each Federal officer of an 

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1 agency that provides Federal funds to 

2 States for building or maintaining public 

3 access points to United States water bodies 

4 shall amend the guidelines of the agency, 

5 in consultation with relevant State agen6 cies, to encourage the posting of regionally7 specific public warnings or other suitable 

8 informational and educational materials at 

9 the access points regarding— 

10 ‘‘(I) the danger of spread of 

11 aquatic invasive species through the 

12 transport of recreational watercraft; 

13 and 

14 ‘‘(II) methods for removing orga15 nisms prior to transporting a 

16 watercraft. 

17 ‘‘(ii) CLEANING OF WATERCRAFT AT

18 MARINAS.—Not later than 1 year after the 

19 date of enactment of the National Aquatic 

20 Invasive Species Act of 2007, the Under 

21 Secretary and the Director (in cooperation 

22 with the Task Force and in consultation 

23 with the States, relevant industry groups, 

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1 rected toward marinas and marina opera2 tors regarding— 

3 ‘‘(I) checking watercraft for live 

4 organisms; 

5 ‘‘(II) removing live organisms 

6 from the watercraft before the 

7 watercraft are commercially or 

8 recreationally trailered; 

9 ‘‘(III) encouraging regular hull 

10 cleaning and maintenance, avoiding 

11 in-water hull cleaning; and 

12 ‘‘(IV) other activities, as identi13 fied by the Secretary. 

14 ‘‘(iii) PROPER DISPOSAL OF NON15 INDIGENOUS LIVE AQUATIC ORGANISMS IN

16 TRADE.—The Task Force shall— 

17 ‘‘(I) not later than 1 year after 

18 the date of enactment of the National 

19 Aquatic Invasive Species Act of 2007, 

20 develop (in consultation with industry 

21 and other affected parties) guidelines 

22 for proper disposal of live nonindige23 nous aquatic organisms in trade; and 

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1 ‘‘(II) use the guidelines in appro2 priate public information and out3 reach efforts. 

4 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

5 ‘‘(i) IN GENERAL.—Not later than 1 

6 year after the date of enactment of the 

7 National Aquatic Invasive Species Act of 

8 2007, the Task Force shall expand the in9 formation and education program directed 

10 at recreational boaters in States from 

11 which watercraft are transported westward 

12 across the 100th meridian. 

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

14 program, the task force shall— 

15 ‘‘(I) survey owners of watercraft 

16 transported westward across the 

17 100th meridian to determine the 

18 States of origin of most such owners; 

19 ‘‘(II) provide information directly 

20 to watercraft owners concerning the 

21 importance of cleaning watercraft car22 rying live organisms before trans23 porting the watercraft; and 

24 ‘‘(III) support education and in25 formation programs of the States of 

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1 origin to ensure that the State pro2 grams address westward spread. 

3 ‘‘(D) INFORMATION AND EDUCATION PRO4 GRAM BY NATIONAL PARK SERVICE.—The Sec5 retary of the Interior, acting through the Direc6 tor of the National Park Service, shall develop 

7 a program to provide public outreach and other 

8 educational activities to prevent the spread of 

9 aquatic invasive species by recreational 

10 watercraft in parkland or through events spon11 sored by the National Park Service. 

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

13 Force, in conjunction with the National Invasive 

14 Species Council, shall carry out activities to inform 

15 and promote voluntary cooperation and regulatory 

16 compliance by members of the national and inter17 national maritime, horticultural, aquarium, aqua18 culture, pet trade, and other appropriate industries 

19 with screening, monitoring, and control of the trans20 portation of aquatic invasive species. 

21 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA22 TION.—The Task Force, the National Invasive Spe23 cies Council, and other relevant agencies, shall main24 tain information on the Internet regarding— 

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

2 and private interests to use in assisting with 

3 national early detection and monitoring of 

4 aquatic invasive species in waters of the United 

5 States; 

6 ‘‘(B) contact locations for joining a na7 tional network of monitoring stations; 

8 ‘‘(C) approved State Management Plans 

9 under section 1204(a) and Rapid Response 

10 Contingency Strategies under subsections (b) 

11 and (c) of section 1211; and 

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

13 section 1201(a)(4).’’. 

14 PART V—AQUATIC INVASIVE SPECIES RESEARCH 

15 SEC. 141. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RE16 SEARCH. 

17 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

18 Aquatic Nuisance Prevention and Control Act of 1990 (16 

19 U.S.C. 4711 et seq.) (as amended by section 131) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL 

22 RESEARCH. 

23 ‘‘(a) DEFINITION OF ADMINISTERING AGENCIES.— 

24 ‘‘(1) IN GENERAL.—In this section and section 

25 1108, the term ‘administering agencies’ means— 

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1 ‘‘(A) the Smithsonian Environmental Re2 search Center; 

3 ‘‘(B) the United States Geological Survey; 

4 and 

5 ‘‘(C) the National Oceanic and Atmos6 pheric Administration (including the Great 

7 Lakes Environmental Research Laboratory). 

8 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

9 administering agencies shall enter into an agreement 

10 regarding implementation of this subtitle. 

11 ‘‘(3) CONSULTATION.—In carrying out this sec12 tion, the administering agencies shall consult with— 

13 ‘‘(A) the Task Force; 

14 ‘‘(B) the Environmental Protection Agen15 cy; 

16 ‘‘(C) the United States Fish and Wildlife 

17 Service; and 

18 ‘‘(D) other appropriate Federal and State 

19 agencies. 

20 ‘‘(4) COOPERATION.—In carrying out this sec21 tion, the administering agencies shall contract, as 

22 appropriate, or otherwise cooperate with academic 

23 researchers. 

24 ‘‘(b) PROGRAM.—The administering agencies shall 

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1 ment of the National Aquatic Invasive Species Act of 

2 2007) and conduct a marine and freshwater research pro3 gram (including ecological and pathway surveys and ex4 perimentation) to assess rates of, patterns of, and condi5 tions surrounding introductions of nonindigenous aquatic 

6 species in aquatic ecosystems. 

7 ‘‘(c) PURPOSE.—The purpose of the program is to 

8 support efforts to prevent the introduction of, and detect 

9 and eradicate, invasive species by— 

10 ‘‘(1) providing information for— 

11 ‘‘(A) early detection and rapid response ef12 forts; and 

13 ‘‘(B) relevant policy questions; and 

14 ‘‘(2) assessing the effectiveness of implemented 

15 policies (including any standard) to prevent the in16 troduction and spread of aquatic invasive species. 

17 ‘‘(d) PROTOCOL DEVELOPMENT.—The administering 

18 agencies shall— 

19 ‘‘(1) establish standardized protocols for con20 ducting surveys that are integrated and produce 

21 comparable data, and, as practicable, build on exist22 ing protocols and data collection methods (including 

23 surveys required under subsection (b)), including— 

24 ‘‘(A) protocols to support early detection 

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1 ducted by Federal, State, or local agencies in2 volved in the management of invasive species, 

3 including surveys carried out pursuant to sec4 tion 1106; 

5 ‘‘(B) protocols to support comprehensive 

6 ecological surveys conducted under this section 

7 for purposes of research and analysis of rates 

8 and patterns of invasions; and 

9 ‘‘(C) protocols to support pathway surveys; 

10 ‘‘(2) recommend a standardized approach for 

11 classifying species; 

12 ‘‘(3) when proposing protocols, consider rec13 ommendations made at the workshop conducted 

14 under subsection (h); 

15 ‘‘(4) subject the protocols to peer review; 

16 ‘‘(5) complete the protocols not later than 1 

17 year after the date of enactment of the National 

18 Aquatic Invasive Species Act of 2007; 

19 ‘‘(6) revise protocols as necessary; and 

20 ‘‘(7) disseminate the protocols to the Task 

21 Force and other Federal, State, and local stake22 holders. 

23 ‘‘(e) ECOLOGICAL AND PATHWAY SURVEY REQUIRE24 MENTS.— 

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1 ‘‘(1) IN GENERAL.—Each comprehensive eco2 logical survey conducted under this section shall, at 

3 a minimum— 

4 ‘‘(A) document baseline ecological informa5 tion of the aquatic ecosystem, including— 

6 ‘‘(i) to the maximum extent prac7 ticable, a comprehensive inventory of na8 tive species, nonindigenous species, and 

9 species of unknown origin, present in the 

10 ecosystem; and 

11 ‘‘(ii) the chemical and physical charac12 teristics of water and underlying substrate 

13 in the ecosystem; 

14 ‘‘(B) in the case of nonindigenous species, 

15 gather information to assist in identifying— 

16 ‘‘(i) the life history of the species; 

17 ‘‘(ii) the environmental requirements 

18 and tolerances of the species; 

19 ‘‘(iii) the native ecosystems of the spe20 cies; and 

21 ‘‘(iv) the history of the species spread 

22 from the native ecosystems of the species; 

23 ‘‘(C) track the establishment of nonindige24 nous species, including information about the 

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1 nisms to allow an analysis of the probable date 

2 of introduction of the species; and 

3 ‘‘(D) identify the likely pathway of entry of 

4 nonindigenous species. 

5 ‘‘(2) MINIMUM REQUIREMENTS.—Each pathway 

6 survey conducted under this section shall, at a min7 imum— 

8 ‘‘(A) identify which nonindigenous aquatic 

9 species are being introduced, or have the poten10 tial to be introduced, through the pathways 

11 under consideration; 

12 ‘‘(B) determine the rate of organism intro13 duction through the pathways under consider14 ation; and 

15 ‘‘(C) determine the practices that contrib16 uted to or could contribute to the introduction 

17 of nonindigenous aquatic species through the 

18 pathways under consideration. 

19 ‘‘(f) NUMBER AND LOCATION OF SURVEY SITES.— 

20 ‘‘(1) REQUIRED SITES.—The administering 

21 agencies shall designate the number and location of 

22 survey sites necessary to carry out marine and fresh23 water research required under this section. 

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1 ‘‘(2) EMPHASIS.—In carrying out paragraph 

2 (1) and subsection (g), the administering agencies 

3 shall give particular consideration to— 

4 ‘‘(A) the geographic diversity of sites; and 

5 ‘‘(B) the diversity of human uses and bio6 logical characteristics of sites. 

7 ‘‘(g) COMPETITIVE GRANT PROGRAM.— 

8 ‘‘(1) IN GENERAL.—In order to assist in car9 rying out subsections (b) and (i), the administering 

10 agencies (acting through the National Oceanic and 

11 Atmospheric Administration) shall administer a pro12 gram to award grants to academic institutions, State 

13 agencies, and other appropriate groups. 

14 ‘‘(2) ADMINISTRATION.—The program required 

15 under this section shall be competitive, peer-re16 viewed, and merit-based. 

17 ‘‘(h) WORKSHOP.—Not later than 120 days after the 

18 date of enactment of the National Aquatic Invasive Spe19 cies Act of 2007, to assist in the development of the proto20 cols and design for the surveys under this section, the ad21 ministering agencies shall— 

22 ‘‘(1) convene a workshop among researchers 

23 from Federal and State agencies and academic insti24 tutions to obtain recommendations for the develop25 ment of the protocols and surveys; and 

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1 ‘‘(2) make the results of the workshop widely 

2 available to the public. 

3 ‘‘(i) EXPERIMENTATION.—The administering agen4 cies shall conduct (at existing field stations and such other 

5 sites as may be appropriate) coordinated experiments on 

6 a range of taxonomic groups to identify— 

7 ‘‘(1) the relationship between the introduction 

8 and establishment of nonindigenous aquatic species; 

9 and 

10 ‘‘(2) the circumstances necessary for the species 

11 to survive and thrive. 

12 ‘‘(j) NATIONAL PATHWAYS AND ECOLOGICAL SUR13 VEYS DATABASE.— 

14 ‘‘(1) IN GENERAL.—The United States Geologi15 cal Survey shall develop, maintain, and update, in 

16 consultation and cooperation with the Smithsonian 

17 Environmental Research Center and the National 

18 Oceanic and Atmospheric Administration, a central 

19 national database of information concerning infor20 mation collected under section 1107(b). 

21 ‘‘(2) REQUIREMENT.—The United States Geo22 logical Survey shall— 

23 ‘‘(A) make the database widely available to 

24 the public; 

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1 ‘‘(B) update the database not less often 

2 than once every 90 days; 

3 ‘‘(C) coordinate the database with existing 

4 databases collecting similar information; and 

5 ‘‘(D) to the maximum extent practicable, 

6 format the databases in a manner such that the 

7 data is useful for researchers and Federal and 

8 State employees managing relevant invasive 

9 species programs.’’. 

10 (b) VESSEL PATHWAY SURVEYS.—Section 

11 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Pre12 vention and Control Act of 1990 (16 U.S.C. 

13 4712(b)(2)(B)) is amended by striking clause (ii) and in14 serting the following: 

15 ‘‘(ii) examine other potential modes 

16 for the introduction of nonindigenous 

17 aquatic species by vessel, including hull 

18 fouling.’’. 

19 SEC. 142. ANALYSIS. 

20 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

21 Aquatic Nuisance Prevention and Control Act of 1990 (16 

22 U.S.C. 4711 et seq.) (as amended by section 141(a)) is 

23 amended by adding at the end the following: 

24 ‘‘SEC. 1108. ANALYSIS. 

25 ‘‘(a) INVASION ANALYSIS.— 

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

2 after the date of enactment of the National Aquatic 

3 Invasive Species Act of 2007, and annually there4 after, the administering agencies shall analyze data 

5 collected under section 1107 and other relevant re6 search, for the purpose of preventing the introduc7 tion of, detecting, and eradicating invasive species 

8 by— 

9 ‘‘(A) providing information for early detec10 tion and rapid response efforts; 

11 ‘‘(B) providing information for relevant 

12 policy questions; and 

13 ‘‘(C) assessing the effectiveness of imple14 mented policies to prevent the introduction and 

15 spread of invasive species. 

16 ‘‘(2) CONTENTS.—The analysis required under 

17 paragraph (1) shall include, with respect to aquatic 

18 invasive species— 

19 ‘‘(A) an analysis of pathways to— 

20 ‘‘(i) identify, and characterize as 

21 high-, medium-, or low-risk, regional and 

22 national pathways for the introduction of 

23 nonindigenous aquatic species into aquatic 

24 ecosystems; 

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1 ‘‘(ii) identify new and expanding path2 ways through which nonindigenous aquatic 

3 species may be introduced into aquatic eco4 systems; 

5 ‘‘(iii) identify handling practices that 

6 contribute to the introduction of species in 

7 pathways; and 

8 ‘‘(iv) assess the risk that species cur9 rently used in commerce pose for introduc10 tion into aquatic ecosystems; 

11 ‘‘(B) include patterns and rates of invasion 

12 and susceptibility to invasion of various types of 

13 bodies of water; 

14 ‘‘(C) consider the ways in which the risk of 

15 establishment of an aquatic invasive species 

16 through a pathway is related to the identity and 

17 number of organisms transported; 

18 ‘‘(D) consider rates of spread and numbers 

19 and types of pathways of spread of new popu20 lations of the aquatic invasive species and esti21 mate the potential for the spread and distribu22 tion of newly introduced invasive species based 

23 on the environmental requirements and histor24 ical distribution of the species; 

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1 ‘‘(E) document factors that influence the 

2 vulnerability of an ecosystem to invasion by a 

3 nonindigenous aquatic species; 

4 ‘‘(F) include a description of the potential 

5 for, and impacts of, pathway management pro6 grams on invasion rates; 

7 ‘‘(G) provide recommendations for im8 provements on the effectiveness of pathway 

9 management; 

10 ‘‘(H) to the extent practicable, determine 

11 the level of reduction in live organisms of var12 ious taxonomic groups required to reduce to an 

13 acceptable level the risk of establishment to re14 ceiving aquatic ecosystems; and 

15 ‘‘(I) evaluate the effectiveness of manage16 ment actions (including any standard) at reduc17 ing species introductions and establishment. 

18 ‘‘(3) REPORT.—The administering agencies 

19 shall submit to the Task Force a report on analyses 

20 conducted under this section. 

21 ‘‘(b) RESEARCH TO ASSESS THE POTENTIAL OF THE

22 ESTABLISHMENT OF INTRODUCED SPECIES.— 

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

24 after the date of enactment of the National Aquatic 

25 Invasive Species Act of 2007, the administering 

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1 agencies shall develop, conduct peer review of, and 

2 submit to the Task Force a profile of the general 

3 characteristics of invasive species, in order to— 

4 ‘‘(A) predict, to the extent practicable, 

5 whether a species planned for importation is 

6 likely to invade a particular aquatic ecosystem 

7 if introduced; and 

8 ‘‘(B) support the development of the 

9 screening process authorized under section 

10 1105. 

11 ‘‘(2) RESEARCH.—In developing the profile, the 

12 administering agencies shall analyze the research 

13 conducted under section 1107 and other research as 

14 necessary to determine— 

15 ‘‘(A) characteristics of general species and 

16 ecosystems (taking into account the opportunity 

17 for introduction into any ecosystem); and 

18 ‘‘(B) circumstances that may lead to estab19 lishment of a nonindigenous aquatic organism. 

20 ‘‘(3) RECOMMENDATIONS.—Based on the pro21 file, the administering agencies shall develop and 

22 submit to the Task Force, for inclusion in the report 

23 to Congress developed under section 1201(f)(2)(B), 

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1 tion of nonindigenous aquatic organisms warrant re2 striction under section 1105. 

3 ‘‘SEC. 1109. DISSEMINATION. 

4 ‘‘(a) IN GENERAL.—The National Invasive Species 

5 Council, in coordination with the Task Force, and the ad6 ministering agencies shall disseminate the information col7 lected under this Act to Federal, State, and local entities 

8 (including relevant policymakers and private researchers 

9 with responsibility over or interest in aquatic invasive spe10 cies). 

11 ‘‘(b) REPORTS.—The National Invasive Species 

12 Council shall— 

13 ‘‘(1) not later than 3 years after the date of en14 actment of the National Aquatic Invasive Species 

15 Act of 2007, submit to Congress a report that de16 scribes the actions and findings carried out under 

17 this Act; and 

18 ‘‘(2) at least once every 3 years thereafter or 

19 more often as necessary, update the report. 

20 ‘‘(c) RESPONSE STRATEGY.—To enable Federal, 

21 State, and local entities having responsibility for respond22 ing to the introduction of potentially harmful nonindige23 nous aquatic species to better and more rapidly respond 

24 to those introductions, the National Invasive Species 

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1 istering agencies, and other appropriate Federal and State 

2 agencies, shall implement a national strategy for the shar3 ing of information collected under this Act with those enti4 ties. 

5 ‘‘(d) PATHWAY PRACTICES.—The National Invasive 

6 Species Council, in coordination with the Task Force, and 

7 the administering agencies shall disseminate information 

8 to, and develop an ongoing educational program for, path9 way users (including vendors and customers) to inform 

10 those users about means by which users can prevent the 

11 intentional or unintentional introduction of nonindigenous 

12 aquatic species into aquatic ecosystems. 

13 ‘‘SEC. 1110. TECHNOLOGY DEVELOPMENT, DEMONSTRA14 TION, AND VERIFICATION. 

15 ‘‘(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE16 VELOPMENT, DEMONSTRATION, AND VERIFICATION.— 

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

18 the date of enactment of the National Aquatic 

19 Invasive Species Act of 2007, the Administrator, in 

20 consultation with the Army Corps of Engineers and 

21 the administering agencies, shall develop and imple22 ment a grant program to fund research, develop23 ment, demonstration, and verification of environ24 mentally sound cost-effective technologies and meth25 ods to control and eradicate aquatic invasive species. 

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1 ‘‘(2) PURPOSES.—Proposals funded under this 

2 program shall— 

3 ‘‘(A) provide funds to support on-going ef4 forts of Federal, State, or local officials to con5 trol and eradicate aquatic invasive species in an 

6 environmentally sound manner; 

7 ‘‘(B) increase the number of environ8 mentally sound technologies or methods Fed9 eral, State, or local officials may use to control 

10 or eradicate aquatic invasive species; 

11 ‘‘(C) provide for the demonstration or dis12 semination of the technologies or methods to 

13 potential end-users; and 

14 ‘‘(D) verify that any technology or practice 

15 meets any appropriate criteria developed for ef16 fectiveness and environmental soundness that 

17 are established by the Administrator. 

18 ‘‘(3) PREFERENCE.—In making grants under 

19 this subsection, the Administrator shall give pref20 erence to proposals that meet criteria developed for 

21 environmental soundness that are established by the 

22 Administrator. 

23 ‘‘(4) MERIT REVIEW.—Grants awarded through 

24 this subsection shall be awarded through a competi25 tive, peer-reviewed process and shall be merit-based. 

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

2 date of enactment of the National Aquatic Invasive 

3 Species Act of 2007, the Administrator shall submit 

4 to Congress a report on the program conducted 

5 under this subsection, including findings and rec6 ommendations of the Secretary with respect to tech7 nologies and methods described in paragraph (1). 

8 ‘‘(b) DISPERSAL BARRIER RESEARCH PROGRAM.— 

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

10 National Aquatic Invasive Species Act of 2007, the Assist11 ant Secretary, in conjunction with the Director and other 

12 appropriate Federal agencies and academic researchers, 

13 shall establish a research, development, and demonstration 

14 program— 

15 ‘‘(1) to study environmentally sound methods 

16 and technologies to reduce dispersal of aquatic 

17 invasive species through interbasin waterways; and 

18 ‘‘(2) to assess the potential for using those 

19 methods and technologies in other waterways.’’. 

20 (b) EXPANSION OF VESSEL PATHWAY TECHNOLOGY

21 DEMONSTRATION PROGRAM.—Section 1104(b) of the 

22 Nonindigenous Aquatic Nuisance Prevention and Control 

23 Act of 1990 (16 U.S.C. 4714(b)) is amended— 

24 (1) by redesignating paragraphs (4) and (5) as 

25 paragraphs (7) and (8), respectively; and 

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1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) ADDITIONAL PURPOSES.—The Secretary 

4 of the Interior and the Secretary of Commerce may 

5 demonstrate and verify technologies under this sub6 section to monitor and control pathways of organism 

7 transport on vessels other than through ballast 

8 water. 

9 ‘‘(5) PRIORITY.—In making grants under this 

10 subsection, the Secretary of the Interior and the 

11 Secretary of Commerce shall give priority to tech12 nologies that meet criteria established in any testing 

13 protocol developed under the Environmental Tech14 nology Verification program of the Administrator. 

15 ‘‘(6) WORKSHOP.—The Secretary of the Inte16 rior and the Secretary of Commerce shall— 

17 ‘‘(A) hold an annual workshop to encour18 age the exchange of information between and 

19 among— 

20 ‘‘(i) principal investigators for which 

21 funds are made available under this sub22 section; and 

23 ‘‘(ii) researchers conducting research 

24 directly relating to vessel pathway tech25 nology development; and 

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1 ‘‘(B) make the results of the proceedings 

2 widely available to the public.’’. 

3 SEC. 143. VESSEL PATHWAY STANDARDS RESEARCH. 

4 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

6 seq.) (as amended by section 142(a)) is amended by add7 ing at the end the following: 

8 ‘‘SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH. 

9 ‘‘(a) RESEARCH PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary and the Ad11 ministrator (in coordination with the National Oce12 anic and Atmospheric Administration, the Task 

13 Force, and other appropriate Federal agencies and 

14 academic researchers) shall develop and conduct a 

15 coordinated research program to support the estab16 lishment and implementation of standards to prevent 

17 the introduction and spread of aquatic invasive spe18 cies by vessels. 

19 ‘‘(2) COMPONENTS.—The research program 

20 shall include programs to— 

21 ‘‘(A) characterize physical, chemical, and 

22 biological harbor conditions relevant to ballast 

23 discharge into waters of the United States to 

24 provide information for the design and implemstockstill on PROD1PC66 with BILLS

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1 mentation of vessel vector control technologies 

2 and practices; 

3 ‘‘(B) develop testing protocols for deter4 mining the effectiveness of vector monitoring 

5 and control technologies and practices; 

6 ‘‘(C) research and demonstrate methods 

7 for mitigating the spread of aquatic invasive 

8 species by coastal voyages, including the explo9 ration of the effectiveness of alternative ex10 change zones in the near coastal areas and 

11 other methods proposed to reduce the transfers 

12 of organisms; 

13 ‘‘(D) verify the practical effectiveness of 

14 any type approval process to ensure that the 

15 process produces repeatable and accurate as16 sessments of treatment effectiveness; and 

17 ‘‘(E) evaluate the effectiveness and resid18 ual risk and environmental impacts associated 

19 with any standard established with respect to a 

20 ship pathway through experimental research. 

21 ‘‘(b) PERFORMANCE TEST.—Not later than 1 year 

22 after the date of enactment of the National Aquatic 

23 Invasive Species Act of 2007, the Secretary, in conjunc24 tion with the National Institute of Standards and Tech25 nology and the Maritime Administration, shall design a 

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1 performance test for ballast water exchange (such as a dye 

2 study) to measure the effectiveness of ballast water ex3 change. 

4 ‘‘(c) NATIONAL ACADEMY OF SCIENCES STUDY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the National Academy of 

7 Sciences under which the Academy shall— 

8 ‘‘(A) identify the relative risk of transfer of 

9 various taxonomic groups of invasive species by 

10 different vessel modes; 

11 ‘‘(B)(i) assess the extent to which a ballast 

12 water standard that virtually eliminates the risk 

13 of introduction of invasive species by ballast 

14 water may relate to the risk of introductions by 

15 all vessel modes; and 

16 ‘‘(ii) explain the degree of uncertainty in 

17 such an assessment; and 

18 ‘‘(C)(i) recommend methods for reducing 

19 the transfers of invasive species by vessels by 

20 addressing all parts and systems of vessels and 

21 all related modes of transport of invasive orga22 nisms; and 

23 ‘‘(ii) identify the research, development, 

24 and demonstration needed to improve the informstockstill on PROD1PC66 with BILLS

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1 mation base to support those methods, includ2 ing economic information. 

3 ‘‘(2) REPORT.—Not later than 2 years after the 

4 date of enactment of the National Aquatic Invasive 

5 Species Act of 2007, the Secretary shall submit to 

6 Congress a report that describes the results of the 

7 study under paragraph (1). 

8 ‘‘(3) IMPLEMENTATION OF RECOMMENDA9 TIONS.—Not later than the later of the date that is 

10 1 year after the date of submission of the report 

11 under paragraph (2) or the date that is 3 years after 

12 the date of enactment of the National Aquatic 

13 Invasive Species Act of 2007, the Task Force, in 

14 conjunction with the Administrator, administering 

15 agencies, and other appropriate Federal agencies, 

16 shall submit to the Secretary a report that describes 

17 recommendations for— 

18 ‘‘(A) a vessel pathway treatment standard 

19 that incorporates all potential modes of transfer 

20 by vessel; and 

21 ‘‘(B) methods for type approval and accu22 rate monitoring of treatment performance that 

23 are simple and streamlined and follow estab24 lished protocols. 

25 ‘‘(d) WORKING GROUP.— 

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

2 after the date of issuance by the Secretary of any 

3 standard relating to the introduction by vessels of 

4 invasive species, the Secretary shall convene a work5 ing group (including the Administrator, the admin6 istering agencies, and other appropriate Federal and 

7 State agencies and academic researchers) to evaluate 

8 the effectiveness of that standard and accompanying 

9 implementation protocols. 

10 ‘‘(2) DUTIES.—The duties of the working group 

11 shall include, at a minimum— 

12 ‘‘(A) reviewing the effectiveness of the 

13 standard in reducing the establishment of 

14 invasive species in aquatic ecosystems, taking 

15 into consideration the data collected under sec16 tion 1107; and 

17 ‘‘(B) submitting recommendations to the 

18 Secretary (who shall make the recommenda19 tions widely available to the public) for the revi20 sion of the standard and type approval process 

21 in order to ensure— 

22 ‘‘(i) effectiveness in reducing introduc23 tions of invasive species; and 

24 ‘‘(ii) the effectiveness of accurate 

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1 formance in a simple and streamlined man2 ner.’’. 

3 SEC. 144. GRADUATE EDUCATION IN SYSTEMATICS AND 

4 TAXONOMY. 

5 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

7 seq.) (as amended by section 143) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

10 ‘‘(a) IN GENERAL.—The National Science Founda11 tion shall establish a program to award grants to research12 ers at institutions of higher education and museums to 

13 carry out research in systematics and taxonomy. 

14 ‘‘(b) PURPOSES.—The purposes of the program 

15 are— 

16 ‘‘(1) to encourage scientists to pursue careers 

17 in systematics and taxonomy to ensure a continuing 

18 knowledge base in those disciplines; 

19 ‘‘(2) to ensure that there will be adequate ex20 pertise in systematics and taxonomy to meet Fed21 eral, State, and local needs to identify invasive spe22 cies; 

23 ‘‘(3) to develop that expertise throughout the 

24 United States with an emphasis on regional diver25 sity; and 

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1 ‘‘(4) to draw on existing expertise in system2 atics and taxonomy at institutions of higher edu3 cation and museums to train the next generation of 

4 systematists and taxonomists. 

5 ‘‘(c) ADMINISTRATION.— 

6 ‘‘(1) MERIT REVIEW.—Grants awarded through 

7 this section shall be awarded through a competitive, 

8 peer-reviewed process and shall be merit-based. 

9 ‘‘(2) PREFERENCES.—In making grants under 

10 this section, the National Science Foundation shall 

11 provide a preference for— 

12 ‘‘(A) projects in a diverse set of ecosystems 

13 and geographic locations; 

14 ‘‘(B) if applicable, projects that are inte15 grated with the Long Term Ecological Research 

16 Network created by the National Science Foun17 dation; 

18 ‘‘(C) projects that include student partici19 pation; and 

20 ‘‘(D) projects carried out by institutions of 

21 higher education and museums that actively 

22 train students to become experts in systematics 

23 and taxonomy.’’. 

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1 PART VI—COORDINATION 

2 SEC. 151. PROGRAM COORDINATION. 

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

4 of the Nonindigenous Aquatic Nuisance Prevention and 

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

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

7 end; 

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

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

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

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

16 ‘‘(9) the Secretary of State; 

17 ‘‘(10) the Secretary of Transportation; 

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

19 and’’. 

20 (b) COORDINATION WITH NATIONAL INVASIVE SPE21 CIES COUNCIL.—Section 1201(f) of the Nonindigenous 

22 Aquatic Nuisance Prevention and Control Act of 1990 (16 

23 U.S.C. 4721(f)) is amended— 

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

25 inserting the following: 

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

2 Force’’; and 

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

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

5 The National Invasive Species Council shall— 

6 ‘‘(A) coordinate and cooperate with the 

7 Task Force in carrying out the duties of the 

8 National Invasive Species Council relating to 

9 aquatic invasive species; 

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

11 of enactment of the National Aquatic Invasive 

12 Species Act of 2007, and every 3 years there13 after, submit to Congress a report that summa14 rizes the status of the conduct of activities au15 thorized by and required under this Act; and 

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

17 forces in coordination with the regional panels 

18 of the Task Force convened under section 

19 1203.’’. 

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

23 amended by adding at the end the following: 

24 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 

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

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

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

6 ‘‘(i) any list of species of wildlife cov7 ered by section 42 of title 18, United 

8 States Code (including regulations); or 

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

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

11 seq.) (including regulations promulgated 

12 under that Act contained in part 360 of 

13 title 7, Code of Federal Regulations (or 

14 any successor regulations)). 

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

16 the screening process developed pursuant to 

17 section 1105 to identify species pursuant to 

18 subparagraph (A).’’. 

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

20 Nonindigenous Aquatic Nuisance Prevention and Control 

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

22 the end the following: 

23 ‘‘(d) ANNUAL INTER-REGIONAL MEETING.—The 

24 Task Force shall annually convene all regional panels es25 tablished pursuant to this Act for the purpose of informamstockstill on PROD1PC66 with BILLS

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1 tion transfer between and among panels, and between the 

2 panels and the Task Force, regarding aquatic invasive 

3 species management. 

4 ‘‘(e) ORGANIZATIONS.— 

5 ‘‘(1) IN GENERAL.—An interstate organization 

6 that has a Federal charter authorized by law or ex7 ecutive order for purposes of fisheries or natural re8 source management may develop and implement— 

9 ‘‘(A) regional aquatic invasive species man10 agement plans; and 

11 ‘‘(B) rapid response activities that are— 

12 ‘‘(i) requested by the Governors of the 

13 member States of the organization; and 

14 ‘‘(ii) consistent with any relevant 

15 State aquatic invasive species management 

16 plans. 

17 ‘‘(2) FUNDS.—The interstate organization may 

18 receive funds under this Act to implement activities 

19 under the regional aquatic invasive species manage20 ment plan of the organization.’’. 

21 (e) STATE AQUATIC INVASIVE SPECIES MANAGE22 MENT PLANS.—Section 1204(a) of the Nonindigenous 

23 Aquatic Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4724(a)) is amended— 

25 (1) in paragraph (2)— 

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1 (A) in subparagraph (A), by inserting be2 fore the semicolon at the end the following: ‘‘, 

3 including, in accordance with guidelines issued 

4 by the Task Force under paragraph (5)— 

5 ‘‘(i) rapid assessment and response 

6 contingency strategies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; and 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105’’; and 

13 (B) in subparagraph (D), by inserting ‘‘in14 clude’’ after ‘‘(D)’’; and 

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

16 ‘‘(5) GUIDELINES.— 

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

18 after the date of enactment of the National 

19 Aquatic Invasive Species Act of 2007, the Task 

20 Force shall amend the guidelines of the Task 

21 Force for the development of plans under this 

22 subsection, including guidelines for reporting 

23 progress in implementing the plans, to encour24 age consistency in implementation of and re25 porting under those plans. 

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1 ‘‘(B) GUIDELINES.—The guidelines pub2 lished under subparagraph (A) shall include, for 

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

4 concerning— 

5 ‘‘(i) rapid response contingency strate6 gies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105; and 

13 ‘‘(v) the review and revision of re14 quirements of this subsection and the re15 approval process under this subsection. 

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

17 ‘‘(A) IN GENERAL.—A plan approved 

18 under paragraph (4) shall be deemed to meet 

19 any State planning requirement of the program 

20 established under section 104 of the River and 

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

22 to control noxious aquatic plant growths. 

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

24 States for implementation of plans pursuant to 

25 section 1204 may be used by States to enforce 

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1 requirements relating to aquatic invasive species 

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

3 et seq.) (including regulations promulgated 

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

5 Code of Federal Regulations (or any successor 

6 regulations)). 

7 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

8 approved under this section as of the day imme9 diately before the date of enactment of the National 

10 Aquatic Invasive Species Act of 2007 shall be eligi11 ble to receive a grant awarded under this section. 

12 ‘‘(8) REVIEW AND REVISION.— 

13 ‘‘(A) IN GENERAL.—Each State shall peri14 odically review and, as necessary, revise the 

15 management plan of the State in accordance 

16 with guidelines of the Task Force. 

17 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

18 plan approved under this section as of the day 

19 immediately before the date of enactment of the 

20 National Aquatic Invasive Species Act of 2007 

21 shall be updated after the date of enactment of 

22 the National Aquatic Invasive Species Act of 

23 2007 to conform to the guidelines published 

24 under paragraph (5). 

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1 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

2 addition to the management plans required under 

3 this subsection, the Director shall encourage each 

4 State to develop and implement new, and expand ex5 isting, State management plans to improve State ac6 tions to prevent and control aquatic invasive spe7 cies.’’. 

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

9 Nonindigenous Aquatic Nuisance Prevention and Control 

10 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik11 ing ‘‘subsection (a) for the implementation of those 

12 plans.’’ and inserting the following: ‘‘subsection (a)— 

13 ‘‘(A) to develop those plans with a total 

14 amount that does not exceed 10 percent of the 

15 amounts made available for grants under this 

16 section for each fiscal year; and 

17 ‘‘(B) to implement those plans.’’. 

18 SEC. 152. INTERNATIONAL COORDINATION. 

19 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

20 Aquatic Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4751 et seq.) is amended— 

22 (1) by striking the subtitle heading and insert23 ing the following: 

24 ‘‘Subtitle E—Administration’’; 

25 and 

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

2 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

3 ‘‘(a) IN GENERAL.—The Task Force, the National 

4 Invasive Species Council, and the Secretary of State shall, 

5 to the maximum extent practicable, ensure that inter6 national efforts to prevent, detect, monitor, assess, and 

7 control aquatic invasive species (including through the 

8 International Maritime Organization, the International 

9 Convention on the Exploration of the Sea, the Global 

10 Invasive Species Program, and other appropriate pro11 grams) are coordinated with policies of the United States 

12 established by this Act. 

13 ‘‘(b) COORDINATION WITH NEIGHBORING COUN14 TRIES.— 

15 ‘‘(1) IN GENERAL.—The Task Force, in con16 sultation with the Secretary of State, shall include in 

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

18 of the means by which international agreements and 

19 regulations with countries that share a border with 

20 the United States will be implemented and enforced 

21 by Federal agencies (including a clarification of the 

22 roles and responsibilities of those agencies). 

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

24 after the date of enactment of the National Aquatic 

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1 Invasive Species Act of 2007, the Secretary of State 

2 may enter into negotiations with— 

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

4 International Joint Commission, not later than 

5 18 months after the date of enactment of that 

6 Act, review, research, conduct hearings on, and 

7 submit to the parties represented on the Inter8 national Joint Commission a report that de9 scribes the success of current policies of govern10 ments in the United States and Canada having 

11 jurisdiction over the Great Lakes in antici12 pating and preventing biological invasions of 

13 the aquatic ecosystem in the Great Lakes, in14 cluding— 

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

16 State or Provincial, local, and international 

17 laws, enforcement practices, and agree18 ments; 

19 ‘‘(ii) an analysis of prevention efforts 

20 relating to all likely pathways for biological 

21 invasions of the aquatic ecosystem in the 

22 Great Lakes; and 

23 ‘‘(iii) recommendations of the Inter24 national Joint Commission for means by 

25 which to improve and harmonize the polimstockstill on PROD1PC66 with BILLS

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1 cies and enforcement practices referred to 

2 in clause (i); and 

3 ‘‘(B) Mexico, to ensure coordination of ef4 forts of the United States with efforts of Mex5 ico to manage invasive species established in the 

6 United States-Mexico border region. 

7 ‘‘SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES 

8 COUNCIL. 

9 ‘‘The National Invasive Species Council shall con10 tinue regardless of the termination of section 3 of Execu11 tive Order No. 13112 (42 U.S.C. 4321 note; relating to 

12 invasive species).’’. 

13 PART VII—AUTHORIZATION OF APPROPRIATIONS 

14 SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 1301 of the Nonindigenous Aquatic Nuisance 

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

17 amended to read as follows: 

18 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

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

20 this section, there are authorized to be appropriated such 

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

22 fiscal years 2008 through 2012. 

23 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

24 PROGRAM.—There are authorized to be appropriated for 

25 each of fiscal years 2008 through 2012— 

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

2 Task Force under section 1202, of which— 

3 ‘‘(A) $4,000,000 shall be used by the Di4 rector; 

5 ‘‘(B) $3,000,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration; 

7 and 

8 ‘‘(C) $1,000,000 shall be used by the Na9 tional Invasive Species Council; 

10 ‘‘(2) $30,000,000, to provide grants under sec11 tion 1204(b); 

12 ‘‘(3) $3,000,000, to provide assistance to the 

13 regional panels of the Task Force; and 

14 ‘‘(4) $1,000,000, to be used by the Director to 

15 carry out section 1105(g). 

16 ‘‘(c) INTERNATIONAL COORDINATION.—There is au17 thorized to be appropriated to the Department of State 

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

19 years 2008 through 2012. 

20 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

21 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

22 UNITED STATES.—There are authorized to be appro23 priated for each of fiscal years 2008 through 2012— 

24 ‘‘(1) $6,000,000, to be used by the Secretary to 

25 carry out section 1101; 

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1 ‘‘(2) $2,500,000, to be used by the Adminis2 trator to carry out section 1101; and 

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

4 to carry out section 1101, of which— 

5 ‘‘(A) $1,500,000 shall be used by the Di6 rector; and 

7 ‘‘(B) $1,250,000 shall be used by the Na8 tional Oceanic and Atmospheric Administration. 

9 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON10 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

11 WATERS OF THE UNITED STATES.—There are authorized 

12 to be appropriated for each of fiscal years 2008 through 

13 2012— 

14 ‘‘(1) $5,000,000, to carry out the priority path15 way management program under section 1210, of 

16 which— 

17 ‘‘(A) $2,000,000 shall be used by the Na18 tional Oceanic and Atmospheric Administration; 

19 and 

20 ‘‘(B) $3,000,000 shall be used by the Di21 rector; 

22 ‘‘(2) $1,000,000, to be used by the National 

23 Invasive Species Council to establish screening 

24 guidelines under section 1105(d); and 

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1 ‘‘(3) $3,500,000, to be used by the Director to 

2 promulgate and implement screening requirements 

3 under section 1105(e). 

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

5 is authorized to be appropriated, to carry out early detec6 tion, monitoring, and survey planning and implementation 

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

8 2008 and 2009 and $10,000,000 for each of fiscal years 

9 2010 through 2012, of which— 

10 ‘‘(1) for each of fiscal years 2008 and 2009— 

11 ‘‘(A) $1,000,000 shall be used by the Na12 tional Oceanic and Atmospheric Administration; 

13 and 

14 ‘‘(B) $1,000,000 shall be used by the Di15 rector; and 

16 ‘‘(2) for each of fiscal years 2010 through 

17 2012— 

18 ‘‘(A) $5,000,000 shall be used by the Na19 tional Oceanic and Atmospheric Administration; 

20 and 

21 ‘‘(B) $5,000,000 shall be used by the Di22 rector. 

23 ‘‘(g) CONTAINMENT AND CONTROL.— 

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1 ‘‘(1) DISPERSAL BARRIERS.—There are author2 ized to be appropriated for each of fiscal years 2008 

3 through 2012— 

4 ‘‘(A) such sums as are necessary to carry 

5 out section 1202(j)(1); and 

6 ‘‘(B) $2,150,000, to be used by the Direc7 tor to carry out the monitoring program under 

8 section 1202(j)(2). 

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

10 to be appropriated for each of fiscal years 2008 

11 through 2012— 

12 ‘‘(A) $25,000,000, to the Emergency 

13 Rapid Response Fund established under section 

14 1211(a), to remain available until expended; 

15 ‘‘(B) $1,000,000, to be used by the Na16 tional Invasive Species Council in developing 

17 the State and regional rapid response contin18 gency strategy under section 1211; and 

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

20 rapid response teams under section 1211(f), of 

21 which— 

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

23 National Oceanic and Atmospheric Admin24 istration; and 

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

2 Director. 

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

4 authorized to be appropriated for establishment 

5 under section 1202(k) of criteria for the improve6 ment of treatment methods for aquatic invasive spe7 cies $600,000 for each of fiscal years 2008 through 

8 2012. 

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

10 There are authorized to be appropriated for each of fiscal 

11 years 2008 through 2012— 

12 ‘‘(1) $500,000, to be used by the Secretary of 

13 the Interior to carry out the information and edu14 cation program under section 1202(h)(2)(D); 

15 ‘‘(2) $750,000, to be used by the Director in 

16 carrying out the 100th meridian program under sec17 tion 1202(h)(2)(C); 

18 ‘‘(3) $2,000,000, to be used to carry out infor19 mational and educational activities of the Task 

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

21 ‘‘(A) $1,000,000 shall be used by the Na22 tional Oceanic and Atmospheric Administration; 

23 and 

24 ‘‘(B) $1,000,000 shall be used by the Di25 rector; and 

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1 ‘‘(4) $500,000, to be used by the National Oce2 anic and Atmospheric Administration to carry out 

3 section 1202(h)(2)(B)(ii). 

4 ‘‘(i) RESEARCH.— 

5 ‘‘(1) ECOLOGICAL AND PATHWAY RESEARCH

6 AND ANALYSIS.—There are authorized to be appro7 priated for each of fiscal years 2008 through 2012— 

8 ‘‘(A) $17,000,000, to be used by the Na9 tional Oceanic and Atmospheric Administration 

10 to carry out sections 1107 and 1108, of which 

11 $13,000,000 shall be used to carry out the 

12 grant program under section 1107(g)); 

13 ‘‘(B) $4,000,000, to be used by the Smith14 sonian Environmental Research Center to carry 

15 out sections 1107 and 1108; 

16 ‘‘(C) $4,500,000, to be used by the United 

17 States Geological Survey to carry out sections 

18 1107 and 1108, of which $500,000 shall be 

19 used to develop, maintain, and update the data20 base required under section 1107(j)); and 

21 ‘‘(D) $1,650,000, to be used by the Great 

22 Lakes Environmental Research Laboratory to 

23 carry out the demonstration program under sec24 tion 1202(i). 

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1 ‘‘(2) DISSEMINATION.—There is authorized to 

2 be appropriated to provide for the dissemination of 

3 information by the National Invasive Species Council 

4 under section 1109 $500,000 for each of fiscal years 

5 2008 through 2012. 

6 ‘‘(3) TECHNOLOGY DEVELOPMENT, DEM7 ONSTRATION, AND VERIFICATION.—There are au8 thorized to be appropriated for each of fiscal years 

9 2008 through 2012— 

10 ‘‘(A) $2,500,000, to be used by the Admin11 istrator for the purposes of environmental 

12 soundness screening and improvement under 

13 section 1110(a); 

14 ‘‘(B) $1,000,000, to be used by the Assist15 ant Secretary to carry out the program under 

16 section 1110(b); and 

17 ‘‘(C) $7,500,000, to carry out vessel path18 way technology development under sections 

19 1104 and 1301(e). 

20 ‘‘(4) VESSEL PATHWAY STANDARDS RE21 SEARCH.—There are authorized to be appro22 priated— 

23 ‘‘(A) for each of fiscal years 2008 through 

24 2012, $3,000,000, to be used for research in 

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1 nology evaluation under section 1111(a) of 

2 which— 

3 ‘‘(i) $1,500,000 shall be used by the 

4 Administrator; and 

5 ‘‘(ii) $2,000,000 shall be used by the 

6 Secretary of the Coast Guard; 

7 ‘‘(B) for each of fiscal years 2008 through 

8 2010, $500,000, to be used by the Coast Guard 

9 to carry out the performance test required 

10 under section 1111(b); and 

11 ‘‘(C) for fiscal year 2008, $500,000, to be 

12 used by the Secretary of the Coast Guard to 

13 enter into an agreement with the National 

14 Academy of Sciences to carry out the study re15 quired under section 1111(c). 

16 ‘‘(5) RESEARCH IN SYSTEMATICS AND TAX17 ONOMY.—There is authorized to be appropriated for 

18 the National Science Foundation to provide research 

19 grants for systematics and taxonomy under section 

20 1112 $2,500,000 for each of fiscal years 2008 

21 through 2012.’’. 

22 PART VIII—CONFORMING AMENDMENTS 

23 SEC. 161. CONFORMING AMENDMENTS. 

24 (a) IN GENERAL.—The Nonindigenous Aquatic Nui25 sance Prevention and Control Act of 1990 is amended— 

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

2 (A) in subsection (a), by striking the sub3 section heading and inserting the following: 

4 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

5 INVASIVE SPECIES BY VESSELS.—’’; and 

6 (B) in subsection (b)— 

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

8 (ii) by redesignating paragraphs (2) 

9 and (3) as paragraphs (1) and (2), respec10 tively; 

11 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

12 striking the subtitle heading and inserting the fol13 lowing: 

14 ‘‘Subtitle C—Prevention and Con15 trol of Aquatic Invasive Species 

16 Dispersal’’; 

17 (3) in section 1201(a) (16 U.S.C. 4721(a)), by 

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

19 Species’’; 

20 (4) in section 1202 (16 U.S.C. 4722), by strik21 ing the section heading and inserting the following: 

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

23 (5) in section 1204 (16 U.S.C. 4724), by strik24 ing the section heading and inserting the following: 

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1 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE2 MENT PLANS.’’; 

3 and 

4 (6) by striking ‘‘aquatic nuisance species’’ each 

5 place it appears and inserting ‘‘aquatic invasive spe6 cies’’. 

7 (b) SHORT TITLE.— 

8 (1) Section 1001 of the Nonindigenous Aquatic 

9 Nuisance Prevention and Control Act of 1990 (16 

10 U.S.C. 4701) is amended by striking ‘‘Nonindige11 nous Aquatic Nuisance’’ and inserting ‘‘Nonindige12 nous Aquatic Invasive Species’’. 

13 (2) REFERENCES.—Any reference in a law, 

14 map, regulation, document, paper, or other record of 

15 the United States to the Nonindigenous Aquatic 

16 Nuisance Prevention and Control Act of 1990 shall 

17 be deemed to be a reference to the Nonindigenous 

18 Aquatic Invasive Species Prevention and Control Act 

19 of 1990. 

20 Subtitle B—Asian Carp Prevention 

21 and Control 

22 SEC. 171. ADDITION OF SPECIES OF CARP TO THE LIST OF 

23 INJURIOUS SPECIES THAT ARE PROHIBITED 

24 FROM BEING IMPORTED OR SHIPPED. 

25 Section 42(a)(1) of title 18, United States Code, is 

26 amended by inserting after ‘‘Dreissena polymorpha;’’ the 

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1 following: ‘‘of the black carp of the species 

2 Mylopharyngodon piceus; of the bighead carp of the spe3 cies Hypophthalmichthys nobilis; of the silver carp of the 

4 species Hypophthalmichthys molitrix; of the largescale sil5 ver carp of the species Hypophthalmichthys harmandi;’’. 

6 SEC. 172. DISPERSAL BARRIERS. 

7 Section 1202 of the Nonindigenous Aquatic Nuisance 

8 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

9 amended by section 133) is amended— 

10 (1) in subsection (i)(3)(C), by striking ‘‘, to 

11 carry out this paragraph, $750,000’’ and inserting 

12 ‘‘such sums as are necessary to carry out this para13 graph’’; and 

14 (2) by inserting after subsection (j) the fol15 lowing: 

16 ‘‘(k) NATIONAL DISPERSAL BARRIER PROGRAM.— 

17 ‘‘(1) CHICAGO RIVER SHIP AND SANITARY

18 CANAL DISPERSAL BARRIER PROJECT.— 

19 ‘‘(A) EXISTING BARRIER.—The Assistant 

20 Secretary shall upgrade and make permanent, 

21 at full Federal expense, the existing Chicago 

22 sanitary and ship canal dispersal barrier in Chi23 cago, Illinois, constructed as a demonstration 

24 project under subsection (i)(3). 

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1 ‘‘(B) NEW BARRIER.—Notwithstanding the 

2 project cooperation agreement with the State of 

3 Illinois dated November 21, 2003, the Secretary 

4 shall construct, at full Federal expense, the 

5 Chicago sanitary and ship canal dispersal bar6 rier authorized by section 345 of the District of 

7 Columbia Appropriations Act, 2005 (Public 

8 Law 108–335; 118 Stat. 1352). 

9 ‘‘(C) OPERATION AND MAINTENANCE.— 

10 The Chicago sanitary and ship canal dispersal 

11 barriers described in subparagraphs (A) and 

12 (B) shall be operated and maintained as a sys13 tem by the Corps of Engineers, at full Federal 

14 expense, in such a manner as the Chief Engi15 neer determines optimizes the effectiveness of 

16 the barriers. 

17 ‘‘(D) CREDIT.— 

18 ‘‘(i) IN GENERAL.—The Assistant 

19 Secretary shall provide to each State a 

20 credit in an amount equal to the amount 

21 of funds contributed by the State toward 

22 the authorized dispersal barriers described 

23 in subparagraphs (A) and (B). 

24 ‘‘(ii) USE OF CREDIT.—A State may 

25 apply a credit received under clause (i) to 

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1 any existing or future project of the Corps 

2 of Engineers in that State. 

3 ‘‘(E) FEASIBILITY STUDY OF CHICAGO

4 RIVER SHIP AND SANITARY CANAL.— 

5 ‘‘(i) IN GENERAL.—Not later than 3 

6 years after the date of enactment of the 

7 Great Lakes Collaboration Implementation 

8 Act of 2007, the Assistant Secretary, in 

9 consultation with appropriate Federal, 

10 State, local, and non-governmental entities, 

11 shall conduct a feasibility study of the full 

12 range of options available to prevent the 

13 spread of aquatic invasive species through 

14 the Chicago River Ship and Sanitary Canal 

15 dispersal barrier. 

16 ‘‘(ii) MATTERS TO BE STUDIED.—The 

17 study shall— 

18 ‘‘(I) provide recommendations 

19 concerning additional measures and 

20 long-term measures necessary to im21 prove the performance of the Chicago 

22 River Ship and Sanitary Canal dis23 persal barrier; and 

24 ‘‘(II) examine methods and meas25 ures necessary to achieve— 

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1 ‘‘(aa) 100 percent efficacy of 

2 the barrier with respect to aquat3 ic invasive species of fish; and 

4 ‘‘(bb) maximum efficacy of 

5 the barrier with respect to other 

6 taxa of aquatic invasive species. 

7 ‘‘(2) MONITORING PROGRAM.— 

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

9 year after the date of enactment of the Great 

10 Lakes Collaboration Implementation Act of 

11 2007, the Secretary of the Interior shall estab12 lish an interbasin and intrabasin monitoring 

13 program. 

14 ‘‘(B) REQUIRED ELEMENTS.—The moni15 toring program shall— 

16 ‘‘(i) track aquatic invasive species 

17 moving through— 

18 ‘‘(I) the Chicago River Ship and 

19 Sanitary Canal; 

20 ‘‘(II) the Lake Champlain Canal; 

21 ‘‘(III) other interbasin water22 ways; and 

23 ‘‘(IV) major river systems (such 

24 as the Mississippi River), as rec25 ommended by regional panels conmstockstill on PROD1PC66 with BILLS

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1 vened under section 1203, in which 

2 interbasin transfers of aquatic 

3 invasive species have been shown to 

4 pose a significant threat to fish and 

5 wildlife resources; 

6 ‘‘(ii) assess the efficacy of dispersal 

7 barriers and other measures in preventing 

8 the spread of aquatic invasive species 

9 through the waterways; and 

10 ‘‘(iii) identify waterways suitable for 

11 dispersal barrier demonstration projects, in 

12 addition to the waterways at which dis13 persal barrier demonstration projects were 

14 carried out before the date of enactment of 

15 the Great Lakes Collaboration Implemen16 tation Act of 2007. 

17 ‘‘(C) REPORTS.—The Secretary of the In18 terior shall issue biennial reports describing the 

19 findings of the monitoring program. 

20 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

21 CORPS PROJECTS.—In developing projects involving 

22 interbasin waterways or other hydrologic alterations 

23 that could create pathways for aquatic invasive spe24 cies, the Assistant Secretary shall develop adequate 

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1 prevention and mitigation plans for controlling the 

2 dispersal of the aquatic invasive species. 

3 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis4 trator of the National Oceanic and Atmospheric Ad5 ministration, acting through the Great Lakes Envi6 ronmental Research Laboratory, shall provide tech7 nical assistance to appropriate entities to assist in 

8 the research conducted under this subsection. 

9 ‘‘(5) ADDITIONAL WATERWAYS.—The Assistant 

10 Secretary, with the concurrence of the Adminis11 trator, and other relevant Federal agencies, shall— 

12 ‘‘(A) identify additional waterways suitable 

13 for the construction of new dispersal barriers 

14 (based on the monitoring program established 

15 under paragraph (2)); 

16 ‘‘(B) determine the feasibility of a dis17 persal barrier project at the Lake Champlain 

18 Canal and in the Upper Mississippi River and, 

19 if feasible, establish a plan for a dispersal bar20 rier at the Lake Champlain Canal and in the 

21 Upper Mississippi River; and 

22 ‘‘(C) construct, maintain, and operate such 

23 dispersal barriers as necessary. 

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

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1 tion Implementation Act of 2007, the Assistant Sec2 retary and the Director shall jointly submit to Con3 gress a report that describes— 

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

5 and Sanitary Canal dispersal barrier project; 

6 and 

7 ‘‘(B) a plan to provide for additional dis8 persal barrier demonstration projects and re9 lated research projects.’’. 

10 Subtitle C—National Invasive 

11 Species Council 

12 SEC. 181. DEFINITIONS. 

13 In this subtitle: 

14 (1) COUNCIL.—The term ‘‘Council’’ means the 

15 National Invasive Species Council established by sec16 tion 183(a). 

17 (2) INVASIVE SPECIES.—The term ‘‘invasive 

18 species’’ means a species— 

19 (A) that is nonnative to an ecosystem; and 

20 (B) the introduction of which to that eco21 system causes or may cause harm to the envi22 ronment, the economy, or human health. 

23 (3) NATIONAL MANAGEMENT PLAN.—The term 

24 ‘‘National Management Plan’’ means the National 

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1 Invasive Species Management Plan developed by the 

2 Council under section 185(a). 

3 (4) SPECIES.—The term ‘‘species’’ means a cat4 egory of taxonomic classification that— 

5 (A) ranks below a genus or subgenus; and 

6 (B) consists of related organisms capable 

7 of interbreeding. 

8 SEC. 182. LIMITATION ON FEDERAL ACTIONS. 

9 (a) IN GENERAL.—No Federal agency may author10 ize, fund, or carry out any action that would likely cause 

11 or promote the introduction or spread of an invasive spe12 cies in the United States or any other location, unless the 

13 head of the Federal agency, at the sole discretion of the 

14 head of the agency and in accordance with guidelines de15 veloped under subsection (b), determines that— 

16 (1) the benefits of the action under consider17 ation clearly outweigh the potential harm to the en18 vironment, the economy, and human health caused 

19 by the introduction or spread of the invasive species; 

20 and 

21 (2) all feasible and practical measures to mini22 mize risk of harm to the environment, the economy, 

23 and human health will be taken in carrying out the 

24 action. 

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1 (b) GUIDELINES.—The Council on Environmental 

2 Quality, in conjunction with the Council, shall develop 

3 guidelines for Federal agencies to use in analyzing actions 

4 under subsection (a). 

5 SEC. 183. NATIONAL INVASIVE SPECIES COUNCIL. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—There is established, as an 

8 independent entity in the executive branch, the Na9 tional Invasive Species Council. 

10 (2) DUTIES.—The Council shall provide leader11 ship and coordination among Federal agencies and 

12 between the Federal Government and State and 

13 local governments, with respect to efforts— 

14 (A) to minimize the environmental, eco15 nomic, and human health effects caused by 

16 invasive species; and 

17 (B) to reduce the threat of further inva18 sions of invasive species. 

19 (b) MEMBERSHIP.— 

20 (1) IN GENERAL.—The Council shall consist 

21 of— 

22 (A) the Secretary of the Interior; 

23 (B) the Secretary of Agriculture; 

24 (C) the Secretary of Commerce; 

25 (D) the Secretary of State; 

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1 (E) the Secretary of the Treasury; 

2 (F) the Secretary of Defense; 

3 (G) the Secretary of Transportation; 

4 (H) the Secretary of Health and Human 

5 Services; 

6 (I) the Administrator; 

7 (J) the Administrator of the United States 

8 Agency for International Development; and 

9 (K) such additional members as are ap10 pointed under paragraph (2). 

11 (2) ADDITIONAL MEMBERS.—With the concur12 rence of a majority of the members of the Council, 

13 the chairperson of the Council may appoint addi14 tional members to the Council from among individ15 uals who are officers or employees of the Federal 

16 Government with significant responsibilities con17 cerning invasive species. 

18 (c) CHAIRPERSON.— 

19 (1) INITIAL CHAIRPERSON.—The Secretary of 

20 the Interior shall serve as chairperson of the Council 

21 for the 3-year period beginning on the date of enact22 ment of this Act. 

23 (2) SUBSEQUENT CHAIRPERSONS.—After the 

24 initial 3-year period described in paragraph (1), the 

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1 chairperson shall rotate every 3 years among the fol2 lowing members, in the following order: 

3 (A) The Secretary of Agriculture. 

4 (B) The Secretary of Commerce. 

5 (C) The Secretary of the Interior. 

6 (d) MEETINGS.—The Council shall meet at the call 

7 of the chairperson, but not less often than semiannually. 

8 (e) EXECUTIVE DIRECTOR.— 

9 (1) APPOINTMENT.—The President shall ap10 point the Executive Director of the Council, by and 

11 with the advice and consent of the Senate. 

12 (2) CONSULTATION.—Before appointing an in13 dividual under paragraph (1), the President shall 

14 consult with— 

15 (A) the Secretary of the Interior; 

16 (B) the Secretary of Agriculture; and 

17 (C) the Secretary of Commerce. 

18 (3) QUALIFICATIONS.—An individual appointed 

19 as Executive Director of the Council shall have— 

20 (A) legal or scientific experience and train21 ing in the area of natural resources, ecology, or 

22 agriculture; and 

23 (B) experience in dealing with public policy 

24 matters concerning aquatic and terrestrial 

25 invasive species. 

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1 (4) TERM.—The Executive Director of the 

2 Council shall serve for a term of 6 years. 

3 (5) COMPENSATION.—The Executive Director 

4 shall be paid at the maximum rate of basic pay pre5 scribed for level GS–15 of the General Schedule. 

6 SEC. 184. DUTIES. 

7 (a) IN GENERAL.—The Council shall ensure that the 

8 efforts of Federal agencies concerning invasive species are 

9 coordinated, effective, complementary, and cost-efficient. 

10 (b) DUTIES.—To carry out subsection (a), the Coun11 cil shall— 

12 (1) coordinate with other organizations address13 ing invasive species (such as the Federal Interagency 

14 Committee for the Management of Noxious and Ex15 otic Weeds, the Aquatic Nuisance Species Task 

16 Force established under section 1201 of the Non17 indigenous Aquatic Nuisance Prevention and Control 

18 Act of 1990 (16 U.S.C. 4721), regional panels es19 tablished under that Act, and the White House Of20 fice of Science and Technology Policy) to implement 

21 the National Management Plan; 

22 (2) develop recommendations for international 

23 cooperation between the Federal Government, State 

24 governments, and foreign countries on tools, policies, 

25 and methods to prevent the introduction and export 

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1 of invasive species into and from, respectively, the 

2 United States; 

3 (3) develop guidelines for Federal agency ef4 forts to ensure that Federal programs concerning 

5 invasive species, including outreach programs, are 

6 coordinated with State, local, and tribal govern7 ments; 

8 (4) develop, in consultation with the Council on 

9 Environmental Quality and in accordance with the 

10 National Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.), guidance for Federal agencies 

12 on prevention, control, and eradication of invasive 

13 species; 

14 (5) establish and maintain a publicly accessible, 

15 coordinated, up-to-date information sharing system 

16 on invasive species that— 

17 (A) allows the access to and exchange of 

18 information among Federal agencies and the 

19 public; and 

20 (B) uses the Internet to the maximum ex21 tent practicable; 

22 (6) ensure that Federal agencies implement the 

23 plans, programs, and policies adopted by the Council 

24 in the National Management Plan through appro25 priate actions, including working in cooperation with 

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1 Federal agencies on development of budgets for the 

2 annual submission by the President to Congress of 

3 the budget of the Federal Government under section 

4 1105 of title 31, United States Code; 

5 (7)(A) evaluate Federal programs that are like6 ly to cause or promote the introduction or spread of 

7 invasive species in the United States; and 

8 (B) recommend actions Federal agencies can 

9 take to minimize the risk of introductions or further 

10 spread of invasive species; and 

11 (8) develop and submit to the appropriate com12 mittees of Congress and the Director of the Office 

13 of Management and Budget an annual list of prior14 ities, ranked in high, medium, and low categories, of 

15 Federal efforts and programs in prevention, eradi16 cation, control, and monitoring of, and research and 

17 outreach concerning, invasive species. 

18 SEC. 185. NATIONAL INVASIVE SPECIES MANAGEMENT 

19 PLAN. 

20 (a) DEVELOPMENT.— 

21 (1) IN GENERAL.—The Council shall develop a 

22 National Invasive Species Management Plan that de23 tails and recommends performance-oriented goals 

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1 tivities by Federal agencies relating to invasive spe2 cies. 

3 (2) DEVELOPMENT PROCESS.—The National 

4 Management Plan shall be developed through a pub5 lic process and in consultation with Federal agen6 cies, appropriate State and local entities, and other 

7 appropriate stakeholders. 

8 (3) CONTENTS.—The National Management 

9 Plan shall include recommendations of effective, 

10 cost-efficient, environmentally sound, and science11 based approaches for— 

12 (A) preventing the introduction of invasive 

13 species, including approaches for identifying 

14 pathways by which invasive species are intro15 duced and for minimizing the risk of introduc16 tions via those pathways, which recommended 

17 approaches shall provide for— 

18 (i) a process to evaluate risks associ19 ated with the introduction and spread of 

20 invasive species; and 

21 (ii) a coordinated and systematic risk22 based process to identify, monitor, and 

23 interdict pathways that may be involved in 

24 the introduction of invasive species; 

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1 (B) cooperating with other countries to in2 crease their capacity— 

3 (i) to control invasive species; and 

4 (ii) to prevent the spread of invasive 

5 species across international borders; 

6 (C) rapidly detecting and responding to in7 cipient invasions of invasive species; 

8 (D) managing new and established popu9 lations of invasive species by— 

10 (i) eradicating the invasive species; or 

11 (ii) controlling the spread of the 

12 invasive species; 

13 (E) accurately and reliably monitoring new 

14 and established populations of invasive species; 

15 (F) restoring native species and habitat 

16 conditions in ecosystems that have been invaded 

17 by invasive species; 

18 (G) conducting research on the matters re19 ferred to in subparagraphs (A) through (F); 

20 (H) evaluating and documenting the ef21 fects of invasive species on the environment, the 

22 economy, and human health; 

23 (I) developing technologies to prevent the 

24 introduction and provide for the management of 

25 invasive species; and 

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1 (J) promoting public education on invasive 

2 species and the means to address invasive spe3 cies. 

4 (4) IDENTIFICATION OF NEEDED RE5 SOURCES.—The National Management Plan shall 

6 identify the personnel, other resources, and addi7 tional levels of coordination needed to achieve the 

8 goals included in the National Management Plan. 

9 (b) EXISTING PLAN.—The National Invasive Species 

10 Management Plan of the Invasive Species Council adopted 

11 in 2001 shall be treated as the National Management Plan 

12 required under subsection (a) until the date of issuance 

13 of the National Management Plan under subsection (c)(1). 

14 (c) ISSUANCE AND UPDATING OF NATIONAL MAN15 AGEMENT PLAN.—The Council shall— 

16 (1) not later than December 31, 2007, issue the 

17 National Management Plan; 

18 (2) not later than December 31, 2009, and bi19 ennially thereafter, update the National Manage20 ment Plan; and 

21 (3) concurrently with the process of updating 

22 the National Management Plan, evaluate and report 

23 to Congress on success in achieving the goals in24 cluded in the National Management Plan. 

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1 (d) AGENCY REPORTS.—Not later than 18 months 

2 after the date of issuance of any update of the National 

3 Management Plan that recommends action by a Federal 

4 agency, the head of the Federal agency shall submit to 

5 Congress a report that— 

6 (1) describes each of the recommended actions 

7 that the agency has not taken; and 

8 (2) provides an explanation of why the action is 

9 not feasible. 

10 SEC. 186. INVASIVE SPECIES ADVISORY COMMITTEE. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—The Council shall maintain 

13 an advisory committee, to be known as the ‘‘Invasive 

14 Species Advisory Committee’’, to provide information 

15 and advice for consideration by the Council. 

16 (2) ORGANIZATION, FUNCTIONS, AND AUTHORI17 TIES.—Except as otherwise provided in this section, 

18 the advisory committee shall be organized, perform 

19 the functions, and have the authorities specified in 

20 the charter for the advisory committee signed by the 

21 Secretary of the Interior on October 30, 2001. 

22 (b) APPOINTMENT.—Members of the advisory com23 mittee shall be appointed by the chairperson of the Coun24 cil, after consultation with the other members of the Coun25 cil, from among individuals representing stakeholders with 

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1 respect to Federal programs for minimizing the environ2 mental, economic, and human health impacts caused by 

3 invasive species. 

4 (c) FUNCTIONS.—In addition to the functions speci5 fied in the charter referred to in subsection (a), the advi6 sory committee shall recommend to the Council plans and 

7 actions at the regional, State, local, tribal, and ecosystem8 based levels to achieve the goals of the National Manage9 ment Plan. 

10 (d) CONTINUING OPERATION OF EXISTING COM11 MITTEE.—Any advisory committee appointed before the 

12 date of enactment of this Act in accordance with the char13 ter referred to in subsection (a)(2) may continue in effect 

14 under this section. 

15 SEC. 187. BUDGET ANALYSIS AND SUMMARY. 

16 Not later than March 31, 2008, and March 31 of 

17 each year thereafter, the Director of the Office of Manage18 ment and Budget shall prepare, and submit to Congress 

19 and the Council, a budget analysis and summary of all 

20 Federal programs relating to invasive species. 

21 SEC. 188. EXISTING EXECUTIVE ORDER. 

22 Executive Order No. 13112, dated February 3, 1999 

23 (42 U.S.C. 4321 note; relating to invasive species), shall 

24 be of no effect. 

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1 SEC. 189. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this subtitle $2,000,000 for each of fiscal years 2008 

4 through 2010. 

5 TITLE II—COASTAL HEALTH 

6 SEC. 201. TECHNICAL ASSISTANCE. 

7 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

8 TREATMENT WORKS.—Section 104(b) of the Federal 

9 Water Pollution Control Act (33 U.S.C. 1254(b)) is 

10 amended— 

11 (1) by redesignating paragraphs (1) through 

12 (7) as subparagraphs (A) through (G), respectively, 

13 and indenting the subparagraphs appropriately; 

14 (2) by striking ‘‘(b) In carrying out’’ and in15 serting the following: 

16 ‘‘(b) AUTHORIZED ACTIVITIES.— 

17 ‘‘(1) IN GENERAL.—In carrying out’’; 

18 (3) in paragraph (1) (as designated by para19 graph (2))— 

20 (A) by striking ‘‘paragraph (1) of sub21 section (a)’’ each place it appears and inserting 

22 ‘‘subsection (a)(1)’’; 

23 (B) in subparagraph (C) (as redesignated 

24 by paragraph (1)), by striking ‘‘of this section’’; 

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1 (C) in subparagraph (F) (as redesignated 

2 by paragraph (1)), by striking ‘‘thereof; and’’ 

3 and inserting ‘‘of the effects;’’; 

4 (D) in subparagraph (G) (as redesignated 

5 by paragraph (1)), by striking the period at the 

6 end and inserting ‘‘; and’’; and 

7 (E) by adding at the end the following: 

8 ‘‘(H) make grants to nonprofit organiza9 tions— 

10 ‘‘(i) to provide technical assistance to 

11 rural and small municipalities for the pur12 pose of assisting, in consultation with the 

13 State in which the assistance is provided, 

14 the municipalities in the planning, develop15 ment, and acquisition of financing for 

16 wastewater infrastructure assistance; 

17 ‘‘(ii) to capitalize revolving loan funds 

18 for the purpose of providing loans, in con19 sultation with the State in which the as20 sistance is provided and in accordance with 

21 paragraph (2), to rural and small munici22 palities for— 

23 ‘‘(I) predevelopment costs associ24 ated with wastewater infrastructure 

25 projects; and 

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1 ‘‘(II) short-term costs incurred 

2 for the replacement of equipment that 

3 is not part of a regular operation or 

4 maintenance activity for an existing 

5 wastewater system; 

6 ‘‘(iii) to provide technical assistance 

7 and training for rural and small publicly8 owned treatment works and decentralized 

9 wastewater treatment systems to enable 

10 the treatment works and systems to— 

11 ‘‘(I) protect water quality; and 

12 ‘‘(II) achieve and maintain com13 pliance with the requirements of this 

14 Act; and 

15 ‘‘(iv) to disseminate information to 

16 rural and small municipalities and munici17 palities that meet the affordability criteria 

18 established by the State in which the mu19 nicipality is located under section 603(i)(2) 

20 with respect to planning, design, construc21 tion, and operation of publicly-owned treat22 ment works and decentralized wastewater 

23 treatment systems.’’; and 

24 (4) by adding at the end the following: 

25 ‘‘(2) LOAN CONDITIONS.— 

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1 ‘‘(A) IN GENERAL.—A loan provided under 

2 paragraph (1)(H)(ii) shall— 

3 ‘‘(i) be provided at a below-market in4 terest rate; 

5 ‘‘(ii) be provided in an amount not to 

6 exceed $100,000; and 

7 ‘‘(iii) extend for a term of not more 

8 than 10 years. 

9 ‘‘(B) REPAYMENT.—Repayment of a loan 

10 provided under paragraph (1)(H)(ii) shall be 

11 credited to the water pollution control revolving 

12 loan fund of the appropriate State under sec13 tion 603.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 104(u) of the Federal Water Pollution Control Act (33 

16 U.S.C. 1254(u)) is amended— 

17 (1) by striking ‘‘(u) There is authorized to be 

18 appropriated (1) not’’ and inserting the following: 

19 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated— 

21 ‘‘(1) not’’; 

22 (2) in paragraph (1), by striking ‘‘provisions; 

23 (2) not’’ and inserting the following: ‘‘provisions; 

24 ‘‘(2) not’’; 

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1 (3) in paragraph (2), by striking ‘‘subsection 

2 (g)(1); (3) not’’ and inserting the following: ‘‘sub3 section (g)(1); 

4 ‘‘(3) not’’; 

5 (4) in paragraph (3), by striking ‘‘subsection 

6 (g)(2); (4) not’’ and inserting the following: ‘‘sub7 section (g)(2); 

8 ‘‘(4) not’’; 

9 (5) in paragraph (4), by striking ‘‘subsection 

10 (p); (5) not’’ and inserting the following: ‘‘subsection 

11 (p); 

12 ‘‘(5) not’’; 

13 (6) in paragraph (5), by striking ‘‘subsection 

14 (r); and (6) not’’ and inserting the following: ‘‘sub15 section (r); 

16 ‘‘(6) not’’; 

17 (7) in paragraph (6), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

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

20 ‘‘(7) for each of fiscal years 2008 through 

21 2012, not more than $75,000,000 to carry out sub22 paragraphs (C) and (H) of subsection (b)(1), of 

23 which, during any fiscal year— 

24 ‘‘(A) not less than 20 percent shall be used 

25 to carry out subsection (b)(1)(H); and 

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‘‘(B) not more than 1 1 ⁄3 of the amount used 

2 under subparagraph (A) shall be used to carry 

3 out subsection (b)(1)(H)(ii).’’. 

4 (c) COMPETITIVE PROCEDURES FOR AWARDING

5 GRANTS.—Section 104 of the Federal Water Pollution 

6 Control Act (33 U.S.C. 1254) is amended by adding at 

7 the end the following: 

8 ‘‘(w) COMPETITIVE PROCEDURES FOR AWARDING

9 GRANTS.—The Administrator shall establish procedures 

10 that promote competition and openness, to the maximum 

11 extent practicable, in the award of grants to nonprofit pri12 vate agencies, institutions, and organizations under this 

13 section.’’. 

14 SEC. 202. SEWER OVERFLOW CONTROL GRANTS. 

15 Section 221 of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1301) is amended by striking subsection 

17 (c) and inserting the following: 

18 ‘‘(c) DEFINITION OF FINANCIALLY DISTRESSED

19 COMMUNITY.—A financially distressed community re20 ferred to in subsection (b) is a community that meets the 

21 affordability criteria established by the State in which the 

22 community is located under section 603(i)(2).’’. 

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1 SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN 

2 FUNDS. 

3 (a) EXTENDED PAYMENT PERIOD.—Section 

4 603(d)(1) of the Federal Water Pollution Control Act (33 

5 U.S.C. 1383(d)(1)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘20 

7 years;’’ and inserting the following: ‘‘the lesser of— 

8 ‘‘(i) the design life of the project to be 

9 financed using the proceeds of the loan; or 

10 ‘‘(ii) 30 years;’’; and 

11 (2) in subparagraph (B), by striking ‘‘not later 

12 than 20 years after project completion’’ and insert13 ing ‘‘on the expiration of the term of the loan’’. 

14 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

15 SMALL SYSTEMS.—Section 603(d) of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1383(d)) is amended— 

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

18 end; 

19 (2) in paragraph (7), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

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

22 ‘‘(8) with respect to municipalities and inter23 municipal, interstate, and State agencies seeking as24 sistance under this title that serve a population of 

25 20,000 or fewer, to provide to owners and operators 

26 of small treatment works, in an amount not to exmstockstill on PROD1PC66 with BILLS

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1 ceed 2 percent of the amount of total grant awards 

2 made under this title— 

3 ‘‘(A) technical and planning assistance; 

4 and 

5 ‘‘(B) assistance relating to— 

6 ‘‘(i) financial management; 

7 ‘‘(ii) user fee analysis; 

8 ‘‘(iii) budgeting; 

9 ‘‘(iv) capital improvement planning; 

10 ‘‘(v) facility operation and mainte11 nance; 

12 ‘‘(vi) repair schedules; and 

13 ‘‘(vii) other activities to improve 

14 wastewater treatment plant management 

15 and operations.’’. 

16 (c) ADDITIONAL SUBSIDIZATION.—Section 603 of the 

17 Federal Water Pollution Control Act (33 U.S.C. 1383) is 

18 amended by adding at the end the following: 

19 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

20 ‘‘(1) IN GENERAL.—In any case in which a 

21 State provides assistance to a municipality or an 

22 intermunicipal, interstate, or State agency under 

23 subsection (d), the State may provide additional sub24 sidization, including forgiveness of principal and 

25 negative interest loans— 

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1 ‘‘(A) to benefit a municipality that— 

2 ‘‘(i) meets the affordability criteria of 

3 the State established under paragraph (2); 

4 or 

5 ‘‘(ii) does not meet the criteria estab6 lished under paragraph (2), if the munici7 pality— 

8 ‘‘(I) seeks additional subsidiza9 tion to benefit individual ratepayers in 

10 the residential user rate class; 

11 ‘‘(II) demonstrates to the State 

12 that the ratepayers described in sub13 clause (I) will experience a significant 

14 hardship on the increase in rates re15 quired to finance the project or activ16 ity for which the assistance is sought; 

17 and 

18 ‘‘(III) ensures, as part of an 

19 agreement between the State and the 

20 recipient, that the additional sub21 sidization provided under this para22 graph will be directed to those rate23 payers through a user charge rate sys24 tem (or another appropriate method); 

25 and 

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1 ‘‘(B) to implement alternative processes, 

2 materials, and techniques (including non3 structural protection of surface waters, new or 

4 improved methods of waste treatment, and pol5 lutant trading) that may result in cost savings 

6 or increased environmental benefit when com7 pared to standard processes, materials, and 

8 techniques. 

9 ‘‘(2) AFFORDABILITY CRITERIA.— 

10 ‘‘(A) ESTABLISHMENT.— 

11 ‘‘(i) IN GENERAL.—Not later than 

12 September 30, 2007, after providing notice 

13 and an opportunity for public comment, a 

14 State shall establish affordability criteria 

15 to assist the State in identifying munici16 palities that would experience a significant 

17 hardship on the increase in rates required 

18 to finance a project or activity that is eligi19 ble for assistance under subsection (c)(1) if 

20 additional subsidization under paragraph 

21 (1) is not provided. 

22 ‘‘(ii) FACTORS FOR CONSIDER23 ATION.—In establishing criteria under 

24 clause (i), a State shall take into consider25 ation— 

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1 ‘‘(I) income data; 

2 ‘‘(II) population trends; and 

3 ‘‘(III) any other data the State 

4 determines to be relevant. 

5 ‘‘(B) EXISTING CRITERIA.—If a State has 

6 established, after providing notice and an op7 portunity for public comment, criteria in ac8 cordance with subparagraph (A) before the date 

9 of enactment of this subsection, the criteria 

10 shall be considered to be affordability criteria 

11 established under that subparagraph. 

12 ‘‘(C) INFORMATION TO ASSIST STATES.— 

13 The Administrator may publish information to 

14 assist States in establishing affordability cri15 teria under subparagraph (A). 

16 ‘‘(3) PRIORITY.—In providing assistance under 

17 this subsection, a State may give priority to any 

18 owner or operator of a project or activity that— 

19 ‘‘(A) is eligible to receive funding under 

20 subsection (c)(1); and 

21 ‘‘(B) is located in a municipality that 

22 meets the affordability criteria established 

23 under paragraph (2). 

24 ‘‘(4) SET-ASIDE.— 

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1 ‘‘(A) IN GENERAL.—For any fiscal year 

2 during which more than $1,400,000,000 is 

3 made available to the Administrator to carry 

4 out this title, a State shall provide additional 

5 subsidization under this subsection in the 

6 amount described in subparagraph (B) to enti7 ties described in paragraph (1) for projects and 

8 activities identified in the intended use plan of 

9 the State under section 606(c) on receipt of an 

10 application for additional subsidization. 

11 ‘‘(B) AMOUNT.—The amount referred to in 

12 subparagraph (A) is an amount not less than 

13 25 percent of the difference between— 

14 ‘‘(i) the total amount that would have 

15 been allotted to the State under section 

16 604 during the appropriate fiscal year, if 

17 the amount made available to the Adminis18 trator to carry out this title during that 

19 fiscal year was equal to $1,400,000,000; 

20 and 

21 ‘‘(ii) the total amount allotted to the 

22 State under section 604 for that fiscal 

23 year. 

24 ‘‘(5) LIMITATION.—The total amount of addi25 tional subsidization provided by a State under this 

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1 subsection shall not exceed 30 percent of the total 

2 amount of capitalization grants received by the State 

3 under this title for fiscal years beginning after Sep4 tember 30, 2006.’’. 

5 SEC. 204. ALLOTMENT OF FUNDS. 

6 (a) IN GENERAL.—Section 604 of the Federal Water 

7 Pollution Control Act (33 U.S.C. 1384) is amended by 

8 striking subsection (a) and inserting the following: 

9 ‘‘(a) ALLOTMENTS.— 

10 ‘‘(1) FISCAL YEARS 2008 AND 2009.—Amounts 

11 made available to carry out this title for fiscal years 

12 2008 and 2009 shall be allotted by the Adminis13 trator in accordance with the formula used to cal14 culate allotments for fiscal year 2007. 

15 ‘‘(2) FISCAL YEAR 2010 AND THEREAFTER.— 

16 Amounts made available to carry out this title for 

17 fiscal year 2010 and each fiscal year thereafter shall 

18 be allotted by the Administrator during each fiscal 

19 year— 

20 ‘‘(A) for amounts up to $1,350,000,000, in 

21 accordance with the formula used to calculate 

22 allotments for fiscal year 2007; and 

23 ‘‘(B) for any amount in excess of 

24 $1,350,000,000, in accordance with the formula 

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1 developed by the Administrator under sub2 section (d).’’. 

3 (b) PLANNING ASSISTANCE.—Section 604(b) of the 

4 Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 

5 is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per6 cent’’. 

7 (c) FORMULA.—Section 604 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1384) is amended by 

9 adding at the end the following: 

10 ‘‘(d) FORMULA BASED ON WATER QUALITY

11 NEEDS.—Not later than September 30, 2007, after pro12 viding notice and an opportunity for public comment, the 

13 Administrator shall publish an allotment formula for pur14 poses of subsection (a)(2)(B) based on water quality 

15 needs, to be determined by the Administrator in accord16 ance with the most recent survey of needs developed by 

17 the Administrator under section 516.’’. 

18 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 607 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1387) is amended to read as follows: 

21 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to carry out 

23 this title— 

24 ‘‘(1) $2,000,000,000 for fiscal year 2008; 

25 ‘‘(2) $3,000,000,000 for fiscal year 2009; 

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1 ‘‘(3) $4,000,000,000 for fiscal year 2010; 

2 ‘‘(4) $5,000,000,000 for fiscal year 2011; and 

3 ‘‘(5) $6,000,000,000 for fiscal year 2012.’’. 

4 TITLE III—AREAS OF CONCERN 

5 SEC. 301. GREAT LAKES. 

6 (a) REMEDIATION OF SEDIMENT CONTAMINATION IN

7 AREAS OF CONCERN.—Section 118(c)(12)(H) of the Fed8 eral Water Pollution Control Act (33 U.S.C. 

9 1268(c)(12)(H)) is amended by striking clause (i) and in10 serting the following: 

11 ‘‘(i) IN GENERAL.—In addition to 

12 other amounts authorized to be appro13 priated to carry out this section, there is 

14 authorized to be appropriated to carry out 

15 this paragraph $150,000,000 for each of 

16 fiscal years 2008 through 2011.’’. 

17 (b) NON-FEDERAL SHARE.—Section 118(c)(12) of 

18 the Federal Water Pollution Control Act (33 U.S.C. 

19 1268(c)(12)) is amended— 

20 (1) in subparagraph (E), by adding at the end 

21 the following: 

22 ‘‘(v) PAYMENT AND RETENTION OF

23 NON-FEDERAL SHARE.—The non-Federal 

24 sponsor for a project under this paragraph 

25 may pay to the Administrator, for retenmstockstill on PROD1PC66 with BILLS

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1 tion and use by the Administrator in car2 rying out the project, the non-Federal 

3 share of the cost of the project.’’; 

4 (2) by redesignating subparagraph (H) (as 

5 amended by subsection (a)) as subparagraph (I); 

6 and 

7 (3) by inserting after subparagraph (G) the fol8 lowing: 

9 ‘‘(H) ADVANCE PAYMENT AND REIM10 BURSEMENT OF COSTS.—The Administrator, 

11 acting through the Program Office, may enter 

12 into an agreement with a non-Federal sponsor 

13 to carry out a project under this paragraph 

14 under which the non-Federal sponsor may, as 

15 appropriate— 

16 ‘‘(i) pay in advance the non-Federal 

17 share of the cost of the project; and 

18 ‘‘(ii) receive from the Administrator 

19 reimbursement for amounts (other than 

20 the non-Federal share) expended by the 

21 non-Federal sponsor for the project.’’. 

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1 TITLE IV—TOXIC SUBSTANCES 

2 SEC. 401. MERCURY REDUCTION GRANTS. 

3 Section 118(c) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

5 end the following: 

6 ‘‘(14) MERCURY REDUCTION GRANTS.— 

7 ‘‘(A) IN GENERAL.—The Program Office 

8 shall provide grants to Great Lakes States and 

9 Indian tribes in Great Lakes States to carry 

10 out projects— 

11 ‘‘(i) to reduce the quantity of mercury 

12 in the Great Lakes; and 

13 ‘‘(ii) to identify emerging contami14 nants in the Great Lakes. 

15 ‘‘(B) APPLICATION.—Each Great Lake 

16 State or Indian tribe that seeks a grant under 

17 this paragraph shall submit an application to 

18 the Program Office at such time, in such man19 ner, and accompanied by or containing any in20 formation that the Program Office may require. 

21 ‘‘(C) AUTHORIZATION OF APPROPRIA22 TIONS.—There is authorized to be appropriated 

23 to carry out this paragraph $10,000,000 for 

24 each of fiscal years 2008 through 2012.’’. 

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1 TITLE V—INDICATORS AND 

2 INFORMATION 

3 Subtitle A—Research Program 

4 SEC. 501. RESEARCH REAUTHORIZATIONS. 

5 Section 118 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1268) is amended— 

7 (1) in subsection (d)— 

8 (A) by striking paragraph (2); 

9 (B) by redesignating paragraphs (3) 

10 through (7) as paragraphs (2) through (6), re11 spectively; and 

12 (C) in paragraph (5) (as redesignated by 

13 subparagraph (B)), by striking ‘‘which address 

14 priority issues and current needs relating to the 

15 Great Lakes’’ and inserting ‘‘in accordance with 

16 the joint research and monitoring plan under 

17 subsection (e)’’; and 

18 (2) by striking subsection (e) and inserting the 

19 following: 

20 ‘‘(e) RESEARCH AND MANAGEMENT COORDINA21 TION.— 

22 ‘‘(1) JOINT PLAN.— 

23 ‘‘(A) IN GENERAL.—Not later than Sep24 tember 30 of each year, the Program Office, 

25 the Research Office, and the Great Lakes 

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1 Science Center shall prepare and submit to the 

2 Executive Committee of the Regional Collabora3 tion a joint research and monitoring plan for 

4 the fiscal year that begins in the following cal5 endar year. 

6 ‘‘(B) COLLABORATION.—The Program Of7 fice, the Research Office, and the Great Lakes 

8 Science Center shall consult with other appro9 priate Federal and State agencies, academic in10 stitutions, and other groups conducting Great 

11 Lakes research and monitoring in preparing the 

12 plan described in subparagraph (A). 

13 ‘‘(C) SUBMISSION TO CONGRESS.—The 

14 President shall include the plan described in 

15 subparagraph (A) in the annual budget of the 

16 United States Government submitted to Con17 gress by the President. 

18 ‘‘(2) CONTENTS OF PLAN.—Each plan prepared 

19 under paragraph (1) shall— 

20 ‘‘(A) identify all proposed research dedi21 cated to activities carried out under the Great 

22 Lakes Water Quality Agreement and any other 

23 applicable agreements and amendments; 

24 ‘‘(B) include the assessment of the Re25 gional Collaboration of priorities for research 

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1 needed to fulfill the terms of those agreements; 

2 and 

3 ‘‘(C) identify all proposed research that 

4 may be used to develop a comprehensive envi5 ronmental data base for the Great Lakes Sys6 tem and establish priorities for development of 

7 the data base.’’. 

8 SEC. 502. GREAT LAKES SCIENCE CENTER. 

9 There are authorized to be appropriated to the Direc10 tor of the United States Geological Survey, for use by the 

11 Great Lakes Science Center, to carry out research activi12 ties that advance scientific knowledge and provide sci13 entific information for restoring, enhancing, managing, 

14 and protecting the living marine resources and habitats 

15 in the Great Lakes basin ecosystem $25,000,000 for each 

16 of fiscal years 2008 through 2012. 

17 SEC. 503. CENTER FOR SPONSOR COASTAL OCEAN RE18 SEARCH. 

19 There is authorized to be appropriated to the Direc20 tor of the Center for Sponsored Coastal Ocean Research 

21 of the National Oceanic and Atmospheric Administration, 

22 for use by the Center, to carry out a program to provide 

23 grants to academic institutions, State agencies, and other 

24 appropriate groups to carry out activities, in accordance 

25 with the joint research and monitoring plan developed 

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1 under section 118(e) of the Federal Water Pollution Con2 trol Act (33 U.S.C. 1268(e)), that advance scientific 

3 knowledge and provide scientific information for restoring, 

4 enhancing, managing, and protecting the living marine re5 sources and habitats in the Great Lakes basin ecosystem 

6 $25,000,000 for each of fiscal years 2008 through 2012. 

7 SEC. 504. GREAT LAKES ENVIRONMENTAL RESEARCH LAB8 ORATORY. 

9 Section 118 of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1268) is amended by striking subsection 

11 (h) and inserting the following: 

12 ‘‘(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $105,000,0000 for each of fiscal years 2008 through 

15 2012, of which, for each fiscal year— 

16 ‘‘(1) $40,000,000 shall be made available to the 

17 Program Office; and 

18 ‘‘(2) $15,000,000 shall be made available to the 

19 Great Lakes Environmental Research Laboratory.’’. 

20 Subtitle B—Ocean and Coastal 

21 Observation System 

22 SEC. 511. DEFINITIONS. 

23 In this subtitle: 

24 (1) COUNCIL.—The term ‘‘Council’’ means the 

25 National Ocean Research Leadership Council. 

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1 (2) GREAT LAKE.—The term ‘‘Great Lake’’ 

2 means— 

3 (A) Lake Erie; 

4 (B) Lake Huron (including Lake Saint 

5 Clair); 

6 (C) Lake Michigan; 

7 (D) Lake Ontario; 

8 (E) Lake Superior; and 

9 (F) the connecting channels of those 

10 Lakes, including— 

11 (i) the Saint Marys River; 

12 (ii) the Saint Clair River; 

13 (iii) the Detroit River; 

14 (iv) the Niagara River; and 

15 (v) the Saint Lawrence River to the 

16 Canadian border. 

17 (3) OBSERVING SYSTEM.—The term ‘‘observing 

18 system’’ means the integrated coastal, ocean, and 

19 Great Lakes observing system to be established by 

20 the Committee under section 512(a). 

21 (4) INTERAGENCY PROGRAM OFFICE.—The 

22 term ‘‘interagency program office’’ means the office 

23 established under section 512(d). 

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1 SEC. 512. INTEGRATED OCEAN AND COASTAL OBSERVING 

2 SYSTEM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—The President, acting 

5 through the Council, shall establish and maintain an 

6 integrated system of ocean and coastal observations, 

7 data communication and management, analysis, 

8 modeling, research, education, and outreach de9 signed to provide data and information for the time10 ly detection and prediction of changes occurring in 

11 the ocean, coastal, and Great Lakes environment 

12 that impact the social, economic, and ecological sys13 tems of the United States. 

14 (2) PURPOSES.—The observing system shall 

15 provide for long-term, continuous, and quality-con16 trolled observations of the coasts, oceans, and Great 

17 Lakes so as to— 

18 (A) improve the health of the coasts, 

19 oceans, and Great Lakes of the United States; 

20 (B) protect human lives and livelihoods 

21 from hazards, including tsunamis, hurricanes, 

22 coastal erosion, and fluctuating Great Lakes 

23 water levels; 

24 (C) understand the effects of human activi25 ties and natural variability on the state of the 

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1 coasts, oceans, and Great Lakes and the socio2 economic well-being of the United States; 

3 (D) provide for the sustainable use, protec4 tion, and enjoyment of ocean, coastal, and 

5 Great Lakes resources; 

6 (E) provide information that can support 

7 the eventual implementation and refinement of 

8 ecosystem-based management; 

9 (F) supply critical information to marine10 related businesses, including aquaculture and 

11 fisheries; and 

12 (G) support research and development to— 

13 (i) ensure continuous improvement to 

14 ocean, coastal, and Great Lakes observa15 tion measurements; and 

16 (ii) enhance understanding of the 

17 ocean, coastal, and Great Lakes resources 

18 of the United States. 

19 (b) SYSTEM ELEMENTS.—To carry out the purposes 

20 of this subtitle, the observing system shall consist of— 

21 (1) a national program to fulfill national obser22 vation priorities, including the ocean contribution of 

23 the United States to the Global Earth Observation 

24 System of Systems and the Global Ocean Observing 

25 System; 

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1 (2) a network of regional associations to man2 age the regional ocean and coastal observing and in3 formation programs that collect, measure, and dis4 seminate data and information products to meet re5 gional needs; 

6 (3) a data management and dissemination sys7 tem for the timely integration and dissemination of 

8 data and information products from the national 

9 and regional systems; 

10 (4) a research and development program con11 ducted under the guidance of the Council; and 

12 (5) an outreach, education, and training pro13 gram that augments existing programs, including 

14 the National Sea Grant College Program, the Cen15 ters for Ocean Sciences Education Excellence pro16 gram, and the National Estuarine Research Reserve 

17 System, to ensure the use of the data and informa18 tion for— 

19 (A) improving public education and aware20 ness of the oceans of the United States; and 

21 (B) building the technical expertise re22 quired to operate and improve the observing 

23 system. 

24 (c) COUNCIL FUNCTIONS.—In carrying out this sec25 tion, the Council shall— 

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1 (1) serve as the oversight body for the design 

2 and implementation of all aspects of the observing 

3 system; 

4 (2) adopt plans, budgets, and standards that 

5 are developed and maintained by the interagency 

6 program office in consultation with the regional as7 sociations; 

8 (3) coordinate the observing system with other 

9 earth observing activities, including the Global 

10 Ocean Observing System and the Global Earth Ob11 serving System of Systems; 

12 (4) coordinate and administer programs of re13 search, development, education, and outreach to— 

14 (A) support improvements to, and the op15 eration of, an integrated ocean and coastal ob16 serving system; and 

17 (B) advance the understanding of the 

18 oceans; 

19 (5) establish pilot projects to develop technology 

20 and methods for advancing the development of the 

21 observing system; 

22 (6) provide, as appropriate, support for and 

23 representation on United States delegations to inter24 national meetings on ocean and coastal observing 

25 programs; and 

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1 (7) in consultation with the Secretary of State, 

2 coordinate relevant Federal activities with those of 

3 other nations. 

4 (d) INTERAGENCY PROGRAM OFFICE.— 

5 (1) IN GENERAL.—The Council shall establish 

6 an interagency program office to be known as ‘‘Oce7 anUS’’. 

8 (2) RESPONSIBILITIES.—The interagency pro9 gram office shall be responsible for program plan10 ning and coordination of the observing system. 

11 (3) REQUIREMENTS.—The interagency program 

12 office shall— 

13 (A) prepare annual and long-term plans 

14 for consideration by the Council for the design 

15 and implementation of the observing system 

16 that promote collaboration among Federal 

17 agencies and regional associations in developing 

18 the global and national observing systems, in19 cluding identification and refinement of a core 

20 set of variables to be measured by all systems; 

21 (B) coordinate the development of agency 

22 priorities and budgets for implementation of the 

23 observing system, including budgets for the re24 gional associations; 

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1 (C) establish and refine standards and pro2 tocols for data management and communica3 tions, including quality standards, in consulta4 tion with participating Federal agencies and re5 gional associations; 

6 (D) develop a process for the certification 

7 and periodic review and recertification of the re8 gional associations; 

9 (E) establish an external technical com10 mittee to provide biennial review of the observ11 ing system; and 

12 (F) provide for opportunities to partner or 

13 contract with private sector companies in de14 ploying ocean observation system elements. 

15 (e) LEAD FEDERAL AGENCY.— 

16 (1) IN GENERAL.—The National Oceanic and 

17 Atmospheric Administration shall be the lead Fed18 eral agency for implementation and operation of the 

19 observing system. 

20 (2) REQUIREMENTS.—Based on the plans pre21 pared by the interagency program office and adopted 

22 by the Council, the Administrator of the National 

23 Oceanic and Atmospheric Administration shall— 

24 (A) coordinate implementation, operation, 

25 and improvement of the observing system; 

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1 (B) establish efficient and effective admin2 istrative procedures for allocation of funds 

3 among Federal agencies and regional associa4 tions in a timely manner and according to the 

5 budget adopted by the Council; 

6 (C) implement and maintain appropriate 

7 elements of the observing system; 

8 (D) provide for the migration of scientific 

9 and technological advances from research and 

10 development to operational deployment; 

11 (E) integrate and extend existing programs 

12 and pilot projects into the operational observa13 tion system; 

14 (F) certify regional associations that meet 

15 the requirements of subsection (f); and 

16 (G) integrate the capabilities of the Na17 tional Coastal Data Development Center and 

18 the Coastal Services Center of the National 

19 Oceanic and Atmospheric Administration, and 

20 other appropriate centers, into the observing 

21 system to assimilate, manage, disseminate, and 

22 archive data from regional observation systems 

23 and other observation systems. 

24 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST25 AL OBSERVING SYSTEMS.— 

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1 (1) IN GENERAL.—The Administrator of the 

2 National Oceanic and Atmospheric Administration 

3 may certify 1 or more regional associations to be re4 sponsible for the development and operation of re5 gional ocean and coastal observing systems to meet 

6 the information needs of user groups in the region 

7 while adhering to national standards. 

8 (2) REQUIREMENTS.—To be certifiable by the 

9 Administrator, a regional association shall— 

10 (A) demonstrate an organizational struc11 ture capable of supporting and integrating all 

12 aspects of ocean and coastal observing and in13 formation programs within a region; 

14 (B) operate under a strategic operations 

15 and business plan that details the operation and 

16 support of regional ocean and coastal observing 

17 systems in accordance with the standards estab18 lished by the Council; 

19 (C) provide information products for mul20 tiple users in the region; 

21 (D) work with governmental entities and 

22 programs at all levels within the region to pro23 vide timely warnings and outreach to protect 

24 the public; and 

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1 (E) meet certification standards developed 

2 by the interagency program office in conjunc3 tion with the regional associations and approved 

4 by the Council. 

5 (g) PROHIBITION ON LOBBYING.—Nothing in this 

6 subtitle authorizes a regional association to engage in lob7 bying activities (as defined in section 3 of the Lobbying 

8 Disclosure Act of 1995 (2 U.S.C. 1602)). 

9 (h) CIVIL LIABILITY.—For purposes of section 

10 1346(b)(1) and chapter 171 of title 28, United States 

11 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

12 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

13 et seq.)— 

14 (1) any regional ocean and coastal observing 

15 system that is a designated part of a regional asso16 ciation certified under this section shall, in carrying 

17 out the purposes of this subtitle, be considered to be 

18 part of the National Oceanic and Atmospheric Ad19 ministration; and 

20 (2) any employee of that system, while acting 

21 within the scope of the employment of the employee, 

22 carrying out those purposes, shall be considered to 

23 be an employee of the Government. 

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1 SEC. 513. RESEARCH, DEVELOPMENT, AND EDUCATION. 

2 The Council shall establish programs for research, 

3 development, education, and outreach for the ocean and 

4 coastal observing system, including projects under the Na5 tional Oceanographic Partnership Program, consisting 

6 of— 

7 (1) basic research to advance knowledge of 

8 ocean and coastal systems and ensure continued im9 provement of operational products, including related 

10 infrastructure and observing technology; 

11 (2) focused research projects to improve under12 standing of the relationship between the coasts and 

13 oceans and human activities; 

14 (3) large-scale computing resources and re15 search to advance modeling of ocean and coastal 

16 processes; and 

17 (4) a coordinated effort to build public edu18 cation and awareness of the ocean and coastal envi19 ronment and functions that integrates ongoing ac20 tivities, including the National Sea Grant College 

21 Program, the Centers for Ocean Sciences Education 

22 Excellence, and the National Estuarine Research 

23 Reserve System. 

24 SEC. 514. INTERAGENCY FINANCING. 

25 (a) IN GENERAL.—The departments and agencies 

26 represented on the Council may participate in interagency 

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1 financing and share, transfer, receive, obligate, and ex2 pend funds appropriated to any member of the Council 

3 to carry out any administrative or programmatic project 

4 or activity under this subtitle or under the National 

5 Oceanographic Partnership Program, including support 

6 for the interagency program office, a common infrastruc7 ture, and system integration for a ocean and coastal ob8 serving system. 

9 (b) TRANSFER OF FUNDS.—Funds may be trans10 ferred among the departments and agencies described in 

11 subsection (a) through an appropriate instrument that 

12 specifies the goods, services, or space being acquired from 

13 another Council member and the costs of the same. 

14 SEC. 515. APPLICATION WITH OUTER CONTINENTAL SHELF 

15 LANDS ACT. 

16 Nothing in this subtitle supersedes, or limits the au17 thority of the Secretary of the Interior under, the Outer 

18 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

19 SEC. 516. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There is authorized to be appro21 priated to the National Oceanic and Atmospheric Adminis22 tration to carry out the observing system under section 

23 512 and the research and development program under sec24 tion 513 (including financial assistance to the interagency 

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1 tation of regional ocean and coastal observing systems, 

2 and the departments and agencies represented on the 

3 Council) $150,000,000 for each of fiscal years 2008 

4 through 2012, to remain available until expended. 

5 (b) ALLOCATION OF FUNDS.—At least 50 percent of 

6 the funds appropriated to carry out the observing system 

7 under section 512 shall be allocated to the regional asso8 ciations certified under section 512(f) to carry out regional 

9 ocean and coastal observing systems. 

10 SEC. 517. REPORTING REQUIREMENT. 

11 (a) IN GENERAL.—Not later than March 31, 2011, 

12 the President, acting through the Council, shall submit to 

13 Congress a report on the programs established under sec14 tions 512 and 513. 

15 (b) REQUIREMENTS.—The report shall include— 

16 (1) a description of activities carried out under 

17 the programs; 

18 (2) an evaluation of the effectiveness of the pro19 grams; and 

20 (3) recommendations concerning reauthoriza21 tion of the programs and funding levels for the pro22 grams in succeeding fiscal years. 

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1 Subtitle C—Great Lakes Water 

2 Quality Indicators and Monitoring 

3 SEC. 521. GREAT LAKES WATER QUALITY INDICATORS AND 

4 MONITORING. 

5 Section 118(c)(1) of the Federal Water Pollution 

6 Control Act (33 U.S.C. 1268(c)(1)) is amended by strik7 ing subparagraph (B) and inserting the following: 

8 ‘‘(B)(i) not later than 2 years after the 

9 date of enactment of this clause, in cooperation 

10 with Canada and appropriate Federal agencies 

11 (including the United States Geological Survey, 

12 the National Oceanic and Atmospheric Admin13 istration, and the United States Fish and Wild14 life Service), develop and implement a set of 

15 science-based indicators of water quality and re16 lated environmental factors in the Great Lakes, 

17 including, at a minimum, measures of toxic pol18 lutants that have accumulated in the Great 

19 Lakes for a substantial period of time, as deter20 mined by the Program Office; 

21 ‘‘(ii) not later than 4 years after the date 

22 of enactment of this clause— 

23 ‘‘(I) establish a Federal network for 

24 the regular monitoring of, and collection of 

25 data throughout, the Great Lakes basin 

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1 with respect to the indicators described in 

2 clause (i); and 

3 ‘‘(II) collect an initial set of bench4 mark data from the network; and 

5 ‘‘(iii) not later than 2 years after the date 

6 of collection of the data described in clause 

7 (ii)(II), and biennially thereafter, in addition to 

8 the report required under paragraph (10), sub9 mit to Congress, and make available to the pub10 lic, a report that— 

11 ‘‘(I) describes the water quality and 

12 related environmental factors of the Great 

13 Lakes (including any changes in those fac14 tors), including a description of ways in 

15 which the factors relate to restoration pri16 orities provided by the Great Lakes Re17 gional Collaboration Executive Committee, 

18 as determined through the regular moni19 toring of indicators under clause (ii)(I) for 

20 the period covered by the report; and 

21 ‘‘(II) identifies any emerging problems 

22 in the water quality or related environ23 mental factors of the Great Lakes;’’. 

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1 TITLE VI—SUSTAINABLE 

2 DEVELOPMENT 

3 SEC. 601. WATERFRONT RESTORATION AND REMEDIATION 

4 PROJECTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) RELATED AREA.—The term ‘‘related area’’ 

7 means land— 

8 (A) located adjacent to, or in close prox9 imity of, a waterfront area; and 

10 (B) that impacts or influences a waterfront 

11 area or an aquatic habitat. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Commerce, acting through the 

14 Under Secretary for Oceans and Atmosphere. 

15 (3) WATERFRONT AREA.—The term ‘‘water16 front area’’ means a site located adjacent to a lake, 

17 river, stream, wetland, or floodplain of the United 

18 States. 

19 (b) APPLICATION.—An individual or entity that seeks 

20 to receive assistance under this section shall submit to the 

21 Secretary an application for the assistance in such form, 

22 by such time, and containing such information as the Sec23 retary may require. 

24 (c) JUSTIFICATION AND PURPOSE.— 

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1 (1) JUSTIFICATION.—The Secretary may pro2 vide assistance to eligible recipients in financing a 

3 restoration or remediation project only if the Sec4 retary finds that the proposed project addresses con5 cerns relating to— 

6 (A) public health; 

7 (B) public safety; 

8 (C) environmental improvements; or 

9 (D) economic improvements. 

10 (2) PURPOSE.—An eligible recipient of assist11 ance may use assistance made available under this 

12 section to complete a restoration or remediation 

13 project for the purpose of— 

14 (A) improving the surrounding ecosystem; 

15 or 

16 (B) preparing land for redevelopment by 

17 Federal, State, or local agencies, or private en18 tities. 

19 (d) COST SHARING.— 

20 (1) GENERAL ASSISTANCE.— 

21 (A) IN GENERAL.—Except as otherwise 

22 provided in this subsection, the Federal share of 

23 the cost of carrying out a restoration or remedi24 ation project under this section shall not exceed 

25 65 percent, as determined by the Secretary. 

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1 (B) INNOVATIVE TECHNOLOGY.—The Fed2 eral share of the cost of carrying out a restora3 tion or remediation project under this section 

4 that involves conducting a pilot project to test 

5 a demonstration or innovative technology shall 

6 not exceed 85 percent, as determined by the 

7 Secretary. 

8 (2) OPERATION AND MAINTENANCE.—The non9 Federal share of operation and maintenance costs 

10 for a restoration or remediation project under this 

11 section shall be 100 percent. 

12 (3) CREDIT FOR WORK-IN-KIND CONSIDER13 ATIONS.—In determining the amount of a contribu14 tion made by a non-Federal interest under this sec15 tion, the non-Federal interest shall receive credit 

16 equal to 100 percent of the value of any land, ease17 ments, rights-of-way, and relocations, and the rea18 sonable cost of services, studies, and supplies, con19 tributed toward the non-Federal share of project 

20 costs. 

21 (4) LIABILITY OF FEDERAL GOVERNMENT.— 

22 The eligible recipient shall hold the United States 

23 harmless from any claim or damage that may arise 

24 from carrying out the restoration or remediation 

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1 age that may arise from the negligence of the Fed2 eral Government or a contractor of the Federal Gov3 ernment. 

4 (e) FUNDING LIMITATION PER PROJECT.—Of the 

5 funds provided under this section, not more than 

6 $5,000,000 may be allocated for an individual restoration 

7 or rehabilitation project. 

8 SEC. 602. AUTHORITY OF SECRETARY TO RESTORE AND RE9 MEDIATE WATERFRONT AND RELATED 

10 AREAS. 

11 The Secretary, in consultation with appropriate Fed12 eral, State, and local agencies, is authorized to restore and 

13 remediate waterfront and related areas, including site 

14 characterization, planning, design, construction, and mon15 itoring. 

16 SEC. 603. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to the Sec18 retary to carry out this title $50,000,000 for fiscal year 

19 2008 and each subsequent fiscal year. 

20 TITLE VII—COORDINATION AND 

21 OVERSIGHT 

22 SEC. 701. DEFINITIONS. 

23 In this title: 

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1 (1) COLLABORATION.—The term ‘‘Collabora2 tion’’ means the Great Lakes Regional Collaboration 

3 established by section 704(a). 

4 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec5 utive Committee’’ means the Great Lakes Regional 

6 Collaboration Executive Committee established by 

7 section 703(a). 

8 (3) EXECUTIVE ORDER.—The term ‘‘Executive 

9 Order’’ means Executive Order 13340 (33 U.S.C. 

10 1268 note; relating to establishment of Great Lakes 

11 Interagency Task Force and promotion of regional 

12 collaboration of national significance for Great 

13 Lakes). 

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

15 means— 

16 (A) Lake Erie; 

17 (B) Lake Huron (including Lake Saint 

18 Clair); 

19 (C) Lake Michigan; 

20 (D) Lake Ontario; 

21 (E) Lake Superior; and 

22 (F) the connecting channels of those 

23 Lakes, including— 

24 (i) the Saint Marys River; 

25 (ii) the Saint Clair River; 

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1 (iii) the Detroit River; 

2 (iv) the Niagara River; and 

3 (v) the Saint Lawrence River to the 

4 Canadian border. 

5 (5) GREAT LAKES CITY.—The term ‘‘Great 

6 Lakes city’’ means a city located in the watershed 

7 basin of a Great Lake. 

8 (6) GREAT LAKES TRIBE.—The term ‘‘Great 

9 Lakes Tribe’’ means any Indian tribe, band, village, 

10 nation, or other organized group or community in 

11 the watershed basin of a Great Lake that is recog12 nized by the Bureau of Indian Affairs as eligible for 

13 the special programs and services provided by the 

14 United States to Indians because of their status as 

15 Indians. 

16 (7) SAINT LAWRENCE CITY.—The term ‘‘Saint 

17 Lawrence city’’ means a city located in the water18 shed basin of the Saint Lawrence River. 

19 (8) TASK FORCE.—The term ‘‘Task Force’’ 

20 means the Great Lakes Interagency Task Force es21 tablished by section 702(a). 

22 SEC. 702. GREAT LAKES INTERAGENCY TASK FORCE. 

23 (a) INTERAGENCY COORDINATION.—The Great 

24 Lakes Interagency Task Force, as established by the Ex25 ecutive Order for administrative purposes, is established 

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1 as a task force within the Environmental Protection Agen2 cy. 

3 (b) DUTIES.—In addition to the duties described in 

4 the Executive Order, the Task Force shall— 

5 (1) ensure that implementation of programs 

6 and projects under the authority of Task Force 

7 members is coordinated, effective, and cost-efficient; 

8 (2) work in cooperation with Federal agencies 

9 on the development of budgets and financial plans 

10 regarding the Great Lakes for inclusion in annual 

11 submissions by the President to Congress of the 

12 budget of the United States; and 

13 (3) submit to Congress a biennial report that 

14 describes the projects and activities carried out by 

15 the Collaboration during the 2-year period covered 

16 by the report, including a description of— 

17 (A) any actions that Federal agencies can 

18 take to address the biennial restoration goals; 

19 (B) Federal expenditures to meet the res20 toration goals and the amount of non-Federal 

21 funding leveraged by those Federal expendi22 tures; and 

23 (C) the indicators and monitoring used to 

24 determine whether the goals will be met. 

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1 SEC. 703. EXECUTIVE COMMITTEE. 

2 (a) IN GENERAL.—There is established a Great 

3 Lakes Regional Collaboration Executive Committee. 

4 (b) COMPOSITION.—The Executive Committee shall 

5 be composed of— 

6 (1) the Chairperson of the Task Force; 

7 (2) a representative of the Governors of the 

8 Great Lakes States, as agreed upon by the Gov9 ernors; 

10 (3) a representative of the Great Lakes cities 

11 and Saint Lawrence cities, as agreed upon by the 

12 majority of mayors of those cities; and 

13 (4) a designated representative for the Great 

14 Lakes Tribes, as agreed upon by those Tribes. 

15 (c) DUTIES.—The Executive Committee shall— 

16 (1) hold semiannual public meetings to discuss 

17 Great Lakes restoration goals and progress; 

18 (2) receive input and consider recommendations 

19 from interested parties, including nongovernmental 

20 organizations, industry, and academia, with respect 

21 to proposed recommendations of the Executive Com22 mittee for restoration of the Great Lakes; and 

23 (3) submit to Congress and the Task Force a 

24 biennial report that includes— 

25 (A) an analysis of progress in— 

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1 (i) carrying out restoration of the 

2 Great Lakes; and 

3 (ii) meeting the goals and rec4 ommendations in the restoration and pro5 tection strategy developed by the Great 

6 Lakes Regional Collaboration and under 

7 this Act; and 

8 (B) recommendations on future priorities 

9 and actions with respect to that restoration. 

10 (d) SUBCOMMITTEES.—The members of the Execu11 tive Committee may designate representatives to work as 

12 1 or more subcommittees to provide staff support and oth13 erwise assist in carrying out responsibilities of the Execu14 tive Committee relating to the Collaboration. 

15 SEC. 704. GREAT LAKES REGIONAL COLLABORATION. 

16 (a) IN GENERAL.—There is established the Great 

17 Lakes Regional Collaboration. 

18 (b) COMPOSITION.—The Collaboration shall be com19 posed of— 

20 (1) the members of the Executive Committee; 

21 and 

22 (2) each other individual and entity that noti23 fies the Executive Committee, in writing, of the de24 sire and intent of the individual or entity to partici25 pate in the Collaboration. 

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1 (c) DUTIES.—The Collaboration shall— 

2 (1) develop and maintain as current a restora3 tion and protection strategy to provide information 

4 for use in future Great Lakes program implementa5 tion and funding decisions; 

6 (2) serve as a forum for addressing near-term 

7 regional issues relating to ecosystem restoration and 

8 protection of the Great Lakes; and 

9 (3) establish an oversight forum to coordinate 

10 and enhance implementation of Great Lakes pro11 grams. 

Æ 

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