I 

111TH CONGRESS 

1ST SESSION H. R. 500 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2009 

Mr. EHLERS (for himself, Mr. DINGELL, Mr. KIRK, Ms. SLAUGHTER, Mr. 

LEVIN, Mr. KILDEE, Mr. ROGERS of Michigan, Mr. STUPAK, Mr. 

MCCOTTER, Mr. PETERS, Mr. HOEKSTRA, Mr. UPTON, Mr. KUCINICH, 

Ms. SUTTON, Ms. MOORE of Wisconsin, Ms. BALDWIN, Ms. 

SCHAKOWSKY, Ms. KAPTUR, Mr. SENSENBRENNER, Mr. HIGGINS, and 

Mr. CONYERS) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committees on Natural Resources, Science and Technology, and House 

Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a collaborative program to protect the Great 

Lakes, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Great Lakes Collaboration Implementation Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—INVASIVE SPECIES PREVENTION 

Subtitle A—National Aquatic Invasive Species 

CHAPTER 1—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES

INTO WATERS OF THE UNITED STATES BY VESSELS

Sec. 101. Prevention of introduction of aquatic Invasive Species into waters of 

the United States by vessels. 

Sec. 102. Armed Services whole vessel management program. 

CHAPTER 2—PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE

SPECIES BY OTHER PATHWAYS

Sec. 106. Priority pathway management program. 

Sec. 107. Screening process for planned importations of live aquatic organisms. 

CHAPTER 3—EARLY DETECTION; RAPID RESPONSE; CONTROL AND

OUTREACH

Sec. 111. Early detection. 

Sec. 112. Rapid response. 

Sec. 113. Environmental soundness. 

Sec. 114. Information, education, and outreach. 

CHAPTER 4—COORDINATION

Sec. 116. Program coordination. 

Sec. 117. International coordination. 

CHAPTER 5—AUTHORIZATION OF APPROPRIATIONS

Sec. 121. Authorization of appropriations. 

CHAPTER 6—CONFORMING AMENDMENTS

Sec. 126. Conforming amendments. 

Subtitle B—Aquatic Invasive Species Research 

Sec. 141. Findings. 

Sec. 142. Definitions. 

Sec. 143. Coordination and implementation. 

Sec. 144. Ecological and pathway research. 

Sec. 145. Analysis. 

Sec. 146. Dissemination. 

Sec. 147. Technology development, demonstration, and verification. 

Sec. 148. Research to support the setting and implementation of ship pathway 

standards. 

Sec. 149. Research in systematics and taxonomy. 


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Sec. 150. State programs. 

Subtitle C—Invasive Species Council 

Sec. 161. Short title. 

Sec. 162. Statement of policy regarding Federal duties. 

Sec. 163. National Invasive Species Council. 

Sec. 164. Duties. 

Sec. 165. National Invasive Species Management Plan. 

Sec. 166. Invasive Species Advisory Committee. 

Sec. 167. Budget crosscut. 

Sec. 168. Definitions. 

Sec. 169. Existing Executive Order. 

Sec. 170. Authorization of appropriations. 

TITLE II—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—CLEAN WATER AUTHORITY 

Sec. 401. Definition of waters of the United States. 

Sec. 402. Conforming amendments. 

TITLE V—TOXIC SUBSTANCES 

Sec. 501. Mercury reduction grants. 

TITLE VI—INDICATORS AND INFORMATION 

Subtitle A—Research Program 

Sec. 601. Research reauthorizations. 

Sec. 602. Great Lakes Environmental Research Laboratory. 

Sec. 603. Great Lakes Science Center. 

Sec. 604. Center for sponsored coastal ocean research. 

Subtitle B—Ocean and Coastal Observation System 

Sec. 611. Definitions. 

Sec. 612. Integrated ocean and coastal observing system. 

Sec. 613. Research, development, and education. 

Sec. 614. Interagency financing. 

Sec. 615. Application with Outer Continental Shelf Lands Act. 

Sec. 616. Authorization of appropriations. 

Sec. 617. Reporting requirement. 

Subtitle C—Great Lakes Water Quality Indicators and Monitoring 

Sec. 621. Great Lakes water quality indicators and monitoring. 


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TITLE VII—SUSTAINABLE DEVELOPMENT 

Sec. 701. Waterfront restoration and remediation projects. 

Sec. 702. Authority of Secretary to restore and remediate waterfront and related areas. 

Sec. 703. Authorization of appropriations. 

TITLE VIII—COORDINATION AND OVERSIGHT 

Sec. 801. Definitions. 

Sec. 802. Great Lakes Interagency Task Force. 

Sec. 803. Executive Committee. 

Sec. 804. Great Lakes Regional Collaboration. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

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

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

5 global significance, supporting drinking water for 

6 millions of people, providing for commerce, and pro7 viding recreation for people from across the Nation 

8 and around the world; 

9 (2) renewed efforts and investments are critical 

10 to aid in fulfilling the goals and objectives of the 

11 Great Lakes Water Quality Agreement between the 

12 United States and Canada; 

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

14 group of leading scientists from top institutions in 

15 the Great Lakes area found that— 

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

17 ecological catastrophe; 

18 (B) the primary stressors straining the 

19 health of the Great Lakes are— 


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1 (i) toxic chemicals; 

2 (ii) the overloading of human waste 

3 and urban and agricultural runoff; 

4 (iii) physical changes to the shorelines 

5 and wetlands; 

6 (iv) invasive plant and animal species; 

7 (v) changes in water patterns; and 

8 (vi) overfishing; 

9 (C) the deterioration of the Great Lakes 

10 ecosystem is accelerating dramatically; and 

11 (D) if the pattern of deterioration is not 

12 reversed immediately, the damage could be ir13 reparable; 

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

15 paragraph (3)(B)— 

16 (A) more than 1,800 beaches were closed 

17 in 2003; 

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

19 square mile dead zone that forms every sum20 mer; 

21 (C) the zebra mussel, an aquatic invasive 

22 species, causes $500,000,000 per year in eco23 nomic and environmental damage in the Great 

24 Lakes; 


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1 (D) there is no appreciable natural repro2 duction of lake trout in the lower 4 Great 

3 Lakes; and 

4 (E) wildlife habitats have been destroyed, 

5 which has diminished fishing, hunting, and 

6 other outdoor recreation opportunities in the 

7 Great Lakes; 

8 (5) because of the patchwork approach to fixing 

9 the problems facing the Great Lakes, the problems 

10 have not only persisted in, but have also gotten 

11 worse in some areas of, the Great Lakes; 

12 (6) rather than dealing with 1 problem or loca13 tion of the Great Lakes at a time, a comprehensive 

14 restoration of the system is needed to prevent the 

15 Great Lakes from collapsing; 

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

17 Great Lakes Regional Collaboration, a unique part18 nership that was— 

19 (A) formed for the purpose of developing a 

20 strategic action plan for Great Lakes restora21 tion; and 

22 (B) composed of— 

23 (i) key members from the Federal 

24 Government, State and local governments, 

25 and Indian tribes; and 


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1 (ii) other stakeholders; 

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

3 Lakes region participated in this collaborative proc4 ess, with participants working on 1 or more of the 

5 8 strategy teams that focused on different issues af6 fecting the Great Lakes basin; 

7 (9) the recommendations of the Great Lakes 

8 Regional Collaboration, which were released on De9 cember 12, 2005, identify actions to address the 

10 issues affecting the Great Lakes basin on the Fed11 eral, State, local, and tribal level; and 

12 (10) comprehensive restoration must be adapt13 ive, and ongoing efforts are needed continually to 

14 implement the recommendations of the Great Lakes 

15 Regional Collaboration relating to buffers, river res16 toration, wetlands, emerging toxic pollutants, and 

17 other issues affecting the Great Lakes basin. 

18 SEC. 3. DEFINITIONS. 

19 Section 1003 of the Nonindigenous Aquatic Nuisance 

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

21 amended to read as follows: 

22 ‘‘SEC. 1003. DEFINITIONS. 

23 ‘‘In this Act: 


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

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

5 ecosystem’ means a freshwater, marine, or estuarine 

6 environment (including inland waters and wetlands), 

7 located wholly in the United States. 

8 ‘‘(3) AQUATIC ORGANISM.— 

9 ‘‘(A) IN GENERAL.—The term ‘aquatic or10 ganism’ means a living animal, plant, fungus, 

11 or microorganism inhabiting or reproducing in 

12 an aquatic ecosystem. 

13 ‘‘(B) INCLUSIONS.—The term ‘aquatic or14 ganism’ includes— 

15 ‘‘(i) seeds; 

16 ‘‘(ii) eggs; 

17 ‘‘(iii) spores; and 

18 ‘‘(iv) any other viable biological mate19 rial. 

20 ‘‘(4) ASSISTANT SECRETARY.—The term ‘As21 sistant Secretary’ means the Assistant Secretary of 

22 the Army for Civil Works. 

23 ‘‘(5) BALLAST WATER.—The term ‘ballast 

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

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


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1 ‘‘(6) BEST PERFORMING TREATMENT TECH2 NOLOGY.—The term ‘best performing treatment 

3 technology’ means the ballast water treatment tech4 nology that is, as determined by the Secretary— 

5 ‘‘(A) the most biologically effective; 

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

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

8 practicable. 

9 ‘‘(7) COASTAL VOYAGE.—The term ‘coastal voy10 age’ means a voyage conducted entirely within the 

11 exclusive economic zone. 

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

13 the Director of the United States Fish and Wildlife 

14 Service. 

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

16 ‘environmentally sound’, refers to an activity that 

17 prevents or reduces introductions, or controls infes18 tations, of aquatic invasive species in a manner that 

19 minimizes adverse effects on— 

20 ‘‘(A) the structure and function of an eco21 system; and 

22 ‘‘(B) nontarget organisms and ecosystems. 

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

24 ‘exclusive economic zone’ means the area comprised 

25 of— 


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

2 United States established by Proclamation 

3 Number 5030, dated March 10, 1983; and 

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

5 Mexico. 

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

7 vessel’ means any vessel that enters service on or be8 fore December 31, 2011. 

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

10 means— 

11 ‘‘(A) Lake Erie; 

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

13 Clair); 

14 ‘‘(C) Lake Michigan; 

15 ‘‘(D) Lake Ontario; 

16 ‘‘(E) Lake Superior; 

17 ‘‘(F) the connecting channels of those 

18 Lakes, including— 

19 ‘‘(i) the Saint Mary’s River; 

20 ‘‘(ii) the Saint Clair River; 

21 ‘‘(iii) the Detroit River; 

22 ‘‘(iv) the Niagara River; and 

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

24 Canadian border; and 


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1 ‘‘(G) any other body of water located with2 in the drainage basin of a Lake, River, or con3 necting channel described in any of subpara4 graphs (A) through (F). 

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

6 Lakes region’ means the region comprised of the 

7 States of Illinois, Indiana, Michigan, Minnesota, 

8 New York, Ohio, Pennsylvania, and Wisconsin. 

9 ‘‘(14) IN TRADE.—The term ‘in trade’, with re10 spect to a species, means a species that has a docu11 mented history of repeatedly being commercially im12 ported into the United States during the period be13 ginning on January 1, 1990, and ending on January 

14 1, 2009. 

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

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

17 Indian Self-Determination and Education Assistance 

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

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

20 ‘interbasin waterway’ means a waterway that con21 nects 2 distinct water basins. 

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

23 means the transfer of an organism to an ecosystem 

24 outside the historic range of the species of which the 

25 organism is a member. 


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

2 an infestation of an aquatic invasive species. 

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

4 species’ means a nonindigenous species the introduc5 tion of which into an ecosystem may cause harm to 

6 the economy, environment, human health, recreation, 

7 or public welfare. 

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

9 The term ‘National Invasive Species Council’ means 

10 the interagency council established by section 3 of 

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

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

13 means any vessel that enters service on or after Jan14 uary 1, 2012. 

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

16 ‘nonindigenous species’ means any species in an eco17 system the range of which exceeds the historic range 

18 of the species in that ecosystem. 

19 ‘‘(23) ORGANISM TRANSFER.—The term ‘orga20 nism transfer’ means the movement of an organism 

21 of any species from 1 ecosystem to another eco22 system outside the historic range of the species. 

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

24 or more vectors by which an invasive species is 

25 transferred from 1 ecosystem to another. 


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

2 ‘planned importation’ means the purposeful move3 ment of 1 or more nonindigenous organisms for use 

4 in the territorial limits of the United States. 

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

6 panel’ means a panel convened in accordance with 

7 section 1203. 

8 ‘‘(27) SALTWATER FLUSHING.—The term ‘salt9 water flushing’ means the process of— 

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

11 water tank that contains residual quantities of 

12 ballast water; 

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

14 residual ballast water and sediment in the tank 

15 through the motion of a ship; and 

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

17 the salinity of the resulting residual ballast 

18 water in the tank exceeds 30 parts per thou19 sand. 

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

21 means the Secretary of Homeland Security. 

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

23 fundamental category of taxonomic classification 

24 below the level of genus or subgenus, including a 


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1 species, subspecies, or any recognized variety of ani2 mal, plant, fungus, or microorganism. 

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

4 means the Aquatic Nuisance Species Task Force es5 tablished by section 1201(a). 

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

7 means a mechanical, physical, chemical, biological, 

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

9 rendering inviable organisms. 

10 ‘‘(32) TYPE APPROVAL.—The term ‘type ap11 proval’ means an approval procedure under which a 

12 type of system is initially certified as meeting a 

13 standard established by law (including a regulation) 

14 for a particular application if the system is operated 

15 correctly. 

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

17 Secretary’ means the Under Secretary of Commerce 

18 for Oceans and Atmosphere. 

19 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde20 sirable impact’ means economic, human health, aes21 thetic, or environmental degradation that is not nec22 essary for, and is not clearly outweighed by, public 

23 health, environmental, or welfare benefits. 

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


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

2 the United States’ means the navigable waters 

3 and territorial sea of the United States. 

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

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

6 TITLE I—INVASIVE SPECIES 

7 PREVENTION 

8 Subtitle A—National Aquatic 

9 Invasive Species 

10 CHAPTER 1—PREVENTION OF INTRODUC11 TION OF AQUATIC INVASIVE SPECIES 

12 INTO WATERS OF THE UNITED STATES 

13 BY VESSELS 

14 SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC 

15 INVASIVE SPECIES INTO WATERS OF THE 

16 UNITED STATES BY VESSELS. 

17 (a) IN GENERAL.—Section 1101 of the Nonindige18 nous Aquatic Nuisance Prevention and Control Act of 

19 1990 (16 U.S.C. 4711) is amended to read as follows: 

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

21 INVASIVE SPECIES INTO WATERS OF THE 

22 UNITED STATES BY VESSELS. 

23 ‘‘(a) REQUIREMENTS FOR VESSELS OPERATING IN

24 WATERS OF THE UNITED STATES.— 

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


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

2 the date that is 180 days after the issuance of 

3 guidelines pursuant to subparagraph (D) and 

4 promulgation of any regulations under this sec5 tion, each vessel that is equipped with a ballast 

6 tank, and any towed vessel or structure, oper7 ating in waters of the United States shall have 

8 in effect, and have available for inspection, an 

9 aquatic invasive species management plan. 

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

11 shall be specific to the vessel (or group of ves12 sels with characteristics similar to that of the 

13 vessel, as determined by the Secretary). 

14 ‘‘(C) REQUIREMENTS.—The management 

15 plan shall— 

16 ‘‘(i) prescribe a safe and effective 

17 means to minimize introductions and 

18 transfers of invasive species; and 

19 ‘‘(ii) include, at a minimum, such in20 formation as is requested by the Secretary 

21 pursuant to subparagraph (D), including— 

22 ‘‘(I) operational requirements to 

23 safely and effectively comply with the 

24 applicable ballast water management 

25 requirements under paragraph (4); 


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1 ‘‘(II) operational requirements to 

2 safely and effectively carry out any 

3 actions consistent with a rapid re4 sponse contingency strategy required 

5 by States and approved by the Sec6 retary under section 1211; 

7 ‘‘(III) at the discretion of the 

8 Secretary, other operational require9 ments that are specified in guidelines 

10 adopted by the International Maritime 

11 Organization; 

12 ‘‘(IV) a description of all report13 ing requirements and a copy of each 

14 form necessary to meet those require15 ments; 

16 ‘‘(V) the position of the officer 

17 responsible for implementation of bal18 last water management and reporting 

19 procedures on board; 

20 ‘‘(VI) documents relevant to 

21 aquatic invasive species management 

22 equipment or procedures; 

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1 last or sediments pursuant to para2 graph (3)(B)(vi); 

3 ‘‘(VIII) a description of require4 ments relating to compliance with any 

5 approved rapid response strategy rel6 evant to the voyage of the vessel; 

7 ‘‘(IX) a contingency strategy ap8 plicable under section 1211, if appro9 priate; and 

10 ‘‘(X) such requirements described 

11 in subsection (b) as are applicable to 

12 the vessel. 

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

14 months after the date of enactment of the 

15 Great Lakes Collaboration Implementation Act, 

16 the Secretary shall issue final guidelines for the 

17 development of invasive species management 

18 plans, including guidelines that— 

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

20 plans are required; 

21 ‘‘(ii) establish processes for updating 

22 and revising the plans; and 

23 ‘‘(iii) establish criteria for compliance 

24 with this subsection. 

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


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1 ‘‘(A) maintain records of all ballast oper2 ations, for such period of time and including 

3 such information as the Secretary may specify; 

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

5 representatives of the Secretary and of the 

6 State in which the port is located; and 

7 ‘‘(C) transmit records to the National Bal8 last Information Clearinghouse established 

9 under section 1102(f). 

10 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

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

12 months after the date of enactment of the 

13 Great Lakes Collaboration Implementation Act, 

14 the Secretary shall issue guidelines on best 

15 management practices to eliminate or minimize 

16 and monitor organism transfer by vessels. 

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

18 best management practices shall include— 

19 ‘‘(i) sediment management in trans20 oceanic vessels; 

21 ‘‘(ii) minimization of ballast water up22 take in areas in which there is a greater 

23 risk of harmful organisms entering ballast 

24 tanks (such as areas with toxic algal 


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1 blooms or known outbreaks of aquatic 

2 invasive species); 

3 ‘‘(iii) avoidance of unnecessary dis4 charge of ballast water in a port that was 

5 taken up in another port; 

6 ‘‘(iv) to the maximum extent prac7 ticable, collection and the proper disposal 

8 of debris from the cleaning of the hull; 

9 ‘‘(v) proper use of anti-fouling coat10 ing; and 

11 ‘‘(vi) provision of sample access ports 

12 in ballast piping for sampling of ballast in13 take and discharge. 

14 ‘‘(4) BALLAST WATER MANAGEMENT.— 

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

16 the date that is 180 days after the Secretary 

17 promulgates regulations to carry out this sec18 tion, and except as provided in subparagraph 

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

20 tank that enters a United States port shall 

21 comply with the regulations relating to ballast 

22 water management. 

23 ‘‘(B) EXCEPTIONS.— 

24 ‘‘(i) VESSELS OPERATING ENTIRELY

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1 fore December 31, 2013, a vessel equipped 

2 with a ballast tank, and any towed vessel 

3 or structure, that operates entirely within 

4 the exclusive economic zone shall not be re5 quired to comply with the regulations de6 scribed in subsection (b)(2). 

7 ‘‘(ii) VESSELS OPERATING IN EN8 CLOSED AQUATIC ECOSYSTEMS.— 

9 ‘‘(I) IN GENERAL.—Subject to 

10 subclause (II), an existing vessel 

11 equipped with a ballast tank, and any 

12 towed vessel or structure, that oper13 ates exclusively in the upper 4 Great 

14 Lakes (Lake Superior, Lake Michi15 gan, Lake Huron, and Lake Erie, and 

16 the connecting channels), or in an17 other enclosed aquatic ecosystem shall 

18 not be required to comply with the 

19 regulations described in subsection 

20 (b)(1). 

21 ‘‘(II) ADDITIONAL ENCLOSED

22 AQUATIC ECOSYSTEMS.—The Admin23 istrator and the Under Secretary, in 

24 consultation with regional panels of 

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1 tional enclosed aquatic ecosystems in 

2 which the potential for movement of 

3 organisms by natural and anthropo4 genic means is not significantly al5 tered by the movement of the vessels 

6 equipped with ballast tanks. 

7 ‘‘(b) INVASIVE SPECIES MANAGEMENT REGULA8 TIONS AND CERTIFICATION PROCEDURES.— 

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

10 after the date of enactment of the Great Lakes Col11 laboration Implementation Act, the Secretary, with 

12 the concurrence of the Administrator and in con13 sultation with the Task Force, shall promulgate final 

14 regulations establishing performance requirements 

15 for vessels to reduce or eliminate introduction by the 

16 vessels of invasive species to waters of the United 

17 States, including— 

18 ‘‘(A) ballast water management operations 

19 (including relevant contingency procedures in 

20 instances in which a safety exemption is used 

21 pursuant to subsection (h)); and 

22 ‘‘(B) management of other vessel path23 ways, including the hull and sea chest of a ves24 sel. 


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1 ‘‘(2) BALLAST WATER EXCHANGE.—The regula2 tions promulgated pursuant to paragraph (1)— 

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

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

5 31, 2013; and 

6 ‘‘(C) shall include— 

7 ‘‘(i) a provision for ballast water ex8 change that requires— 

9 ‘‘(I) at least 1 empty-and-refill 

10 cycle, outside the exclusive economic 

11 zone or in an alternative exchange 

12 area designated by the Secretary, of 

13 each ballast tank that contains ballast 

14 water to be discharged into waters of 

15 the United States; or 

16 ‘‘(II) for a case in which the 

17 master of a vessel determines that 

18 compliance with the requirement 

19 under subclause (I) is impracticable, a 

20 sufficient number of flow-through ex21 changes of ballast water, outside the 

22 exclusive economic zone or in an alter23 native exchange area designated by 

24 the Secretary, to achieve replacement 

25 of at least 95 percent of ballast water 


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1 in ballast tanks of the vessel, as deter2 mined by a certification dye study 

3 conducted or model developed in ac4 cordance with protocols developed 

5 under paragraph (5)(B) and recorded 

6 in the management plan of a vessel 

7 pursuant to subsection 

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

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

10 undertaken pursuant to subsection (h), a 

11 contingency procedure that requires the 

12 master of a vessel to use the best prac13 ticable technology or practice to treat bal14 last discharge. 

15 ‘‘(3) BALLAST WATER TREATMENT.— 

16 ‘‘(A) IN GENERAL.—The regulations pro17 mulgated pursuant to paragraph (1) shall re18 quire a vessel to which this section applies to 

19 conduct ballast water treatment in accordance 

20 with this paragraph before discharging ballast 

21 water. 

22 ‘‘(B) PERFORMANCE STANDARDS.—Sub23 ject to subparagraph (C)(ii), the regulations 

24 shall require that ballast water discharged 

25 shall— 


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1 ‘‘(i) contain— 

2 ‘‘(I) less than 1 living organism 

3 per 10 cubic meters that is 50 or 

4 more micrometers in minimum dimen5 sion; 

6 ‘‘(II) less than 1 living organism 

7 per 10 milliliters that is— 

8 ‘‘(aa) less than 50 microm9 eters in minimum dimension; and 

10 ‘‘(bb) more than 10 microm11 eters in minimum dimension; 

12 ‘‘(III) concentrations of indicator 

13 microbes that are less than— 

14 ‘‘(aa)(AA) 1 colony-forming 

15 unit of toxicogenic Vibrio cholera 

16 (serotypes O1 and O139) per 

17 100 milliliters; or 

18 ‘‘(BB) 1 colony-forming unit 

19 of that microbe per gram of wet 

20 weight of zoological samples; 

21 ‘‘(bb) 126 colony-forming 

22 units of escherichia coli per 100 

23 milliliters; and 


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1 ‘‘(cc) 33 colony-forming 

2 units of intestinal enterococci per 

3 100 milliliters; and 

4 ‘‘(IV) concentrations of such ad5 ditional indicator microbes as may be 

6 specified in regulations promulgated 

7 by the Secretary, in consultation with 

8 the Administrator, that are less than 

9 the quantities specified in those regu10 lations; or 

11 ‘‘(ii) comply with an alternative stand12 ard that is at least as protective as the 

13 standards under clause (i), as determined 

14 by the Secretary. 

15 ‘‘(C) BEST PERFORMING TREATMENT.— 

16 ‘‘(i) IN GENERAL.—Not later than 

17 December 31, 2012, the Secretary, in con18 sultation with the Administrator, based on 

19 technology assessments implemented before 

20 July 31, 2012, shall determine whether 

21 technologies exist that provide for the 

22 achievement of the standards described in 

23 subparagraph (B). 

24 ‘‘(ii) MODIFICATION OF STAND25 ARDS.—If the Secretary, in consultation 


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1 with the Administrator, determines under 

2 clause (i) that no technology exists that 

3 provides for the achievement of the stand4 ards described in subparagraph (B), the 

5 Secretary shall modify the standards to re6 quire vessels to discharge ballast water 

7 that has been treated with a treatment sys8 tem that is among the best-performing 25 

9 percent of treatment systems that meet the 

10 applicable ballast discharge standard of the 

11 International Maritime Organization. 

12 ‘‘(D) RECEPTION FACILITY EXCEPTION.— 

13 ‘‘(i) IN GENERAL.—The requirements 

14 of this paragraph shall not apply to a ves15 sel that discharges ballast water into a 

16 land-based or water-based facility for the 

17 reception of ballast water that meets each 

18 applicable standard under clause (ii). 

19 ‘‘(ii) APPLICABLE STANDARDS.—Not 

20 later than 1 year after the date of enact21 ment of the Great Lakes Collaboration Im22 plementation Act, the Administrator and 

23 the Secretary shall jointly promulgate 

24 standards for— 


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1 ‘‘(I) the reception of ballast 

2 water in land-based and water-based 

3 reception facilities; and 

4 ‘‘(II) the disposal or treatment of 

5 received ballast water in a manner 

6 that does not damage the environ7 ment, human health, property, or re8 sources. 

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

10 in concurrence with the Administrator, shall review 

11 and revise, not less frequently than once every 3 

12 years— 

13 ‘‘(A) any determination relating to the de14 termination under paragraph (3)(C)(i); and 

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

16 paragraph (3)(C)(ii). 

17 ‘‘(5) CERTIFICATION OF TREATMENTS AND

18 PRACTICES.— 

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

20 date on which regulations are promulgated pur21 suant to paragraphs (2) and (3), the Secretary 

22 shall, with the concurrence of the Adminis23 trator, promulgate regulations for— 


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1 ‘‘(i) the certification of treatments or 

2 practices the performances of which com3 ply with the regulations; and 

4 ‘‘(ii) on-going enforcement of the ef5 fective use of the certified treatments or 

6 practices. 

7 ‘‘(B) CERTIFICATION OF BALLAST WATER

8 EXCHANGE PROCEDURES.—The certification of 

9 ballast water exchange procedures in compli10 ance with the regulations promulgated pursuant 

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

12 type-approval process, including a protocol in13 volving dye studies or models detailing flow dy14 namics of a vessel or class of vessels described 

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

16 number of flow-through exchanges necessary for 

17 such a vessel to meet the percentage purge re18 quirements associated with the flow-through 

19 technique for ballast water exchange. 

20 ‘‘(C) CERTIFICATION OF ALL OTHER BAL21 LAST WATER DISCHARGE TREATMENTS.—The 

22 certification of treatments in compliance with 

23 the regulations promulgated pursuant to para24 graph (1)(B) shall be based on a qualified type25 approval process that— 


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1 ‘‘(i) is capable of estimating the ex2 tent to which ballast water discharge treat3 ed by a ballast water treatment system is 

4 likely to comply with applicable standards, 

5 including any restrictions relating to— 

6 ‘‘(I) biological, chemical, or phys7 ical conditions of water taken into bal8 last; and 

9 ‘‘(II) conditions encountered dur10 ing a voyage; 

11 ‘‘(ii) is capable of determining the ex12 tent to which a ballast water treatment 

13 method— 

14 ‘‘(I) is environmentally sound, 

15 based on criteria promulgated by the 

16 Administrator under paragraph 

17 (8)(A); and 

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

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

20 expected useful life of the ballast water 

21 treatment system, as determined on the 

22 basis of voyage patterns and normal use 

23 conditions; 


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1 ‘‘(iv) includes a ship-boarding testing 

2 component (and may include a shore-based 

3 testing component); 

4 ‘‘(v) provides for appropriate moni5 toring, as determined by the Adminis6 trator; 

7 ‘‘(vi) provides for revocation by the 

8 Administrator of approval pending the re9 sults of the monitoring; and 

10 ‘‘(vii) is cost-effective. 

11 ‘‘(D) EXPIRATION OF BALLAST WATER EX12 CHANGE OPTION.—On the date of expiration of 

13 the ballast water exchange option under para14 graph (2), the certification process shall apply 

15 to all methods of ballast water management, 

16 treatment, and system design. 

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

18 frequently than once every 3 years, the Sec19 retary, in conjunction with the Administrator, 

20 shall review and, if necessary, revise the certifi21 cation process pursuant to subsection (d)(1). 

22 ‘‘(F) APPLICATION FOR APPROVAL.— 

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

24 the Administrator shall approve an appli25 cation for certification of a ballast water 


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1 treatment system only if the application is 

2 in such form and contains such informa3 tion as the Secretary and Administrator 

4 may require. 

5 ‘‘(ii) APPROVAL AND DISAPPROVAL.— 

6 ‘‘(I) IN GENERAL.—On receipt of 

7 an application under clause (i)— 

8 ‘‘(aa) the Administrator 

9 shall, not later than 90 days 

10 after the date of receipt of the 

11 application— 

12 ‘‘(AA) review the appli13 cation for compliance and 

14 consistency with environ15 mental soundness criteria 

16 promulgated under para17 graph (8)(A); and 

18 ‘‘(BB) approve those 

19 ballast water treatment sys20 tems that meet those cri21 teria; and 

22 ‘‘(bb) the Secretary, in con23 sultation with the Task Force, 

24 shall, not later than 180 days 


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1 after the date of receipt of the 

2 application— 

3 ‘‘(AA) determine 

4 whether the ballast water 

5 treatment system covered by 

6 the application meets the re7 quirements of this sub8 section, as appropriate; 

9 ‘‘(BB) approve or dis10 approve the application; and 

11 ‘‘(CC) provide the ap12 plicant written notice of ap13 proval or disapproval. 

14 ‘‘(II) LIMITATIONS.—An applica15 tion approved under subclause (I) 

16 shall— 

17 ‘‘(aa) be qualified with any 

18 limitations relating to voyage 

19 pattern, duration, or any other 

20 characteristic that may affect the 

21 effectiveness or environmental 

22 soundness of the ballast water 

23 treatment system covered by the 

24 application, as determined by the 


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1 Secretary in consultation with 

2 the Administrator; 

3 ‘‘(bb) be applicable to a spe4 cific vessel or group of vessels, as 

5 determined by the Secretary; 

6 ‘‘(cc) be valid for the least 

7 of— 

8 ‘‘(AA) the expected use9 ful life of the ballast water 

10 treatment system; 

11 ‘‘(BB) 10 years; or 

12 ‘‘(CC) such period of 

13 time for which the Secretary 

14 or Administrator (as appro15 priate) determines that 

16 (based on available informa17 tion, including information 

18 developed pursuant to para19 graph (6)(B)(iii)) there ex20 ists a serious deficiency in 

21 performance or environ22 mental soundness of the sys23 tem relative to anticipated 

24 performance or environ25 mental soundness; and 


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1 ‘‘(dd) be renewed if— 

2 ‘‘(AA) the Secretary de3 termines that the ballast 

4 water treatment system re5 mains in compliance with 

6 applicable standards as of 

7 the date of application for 

8 renewal; or 

9 ‘‘(BB) the remaining 

10 useful life of the vessel is 

11 less than 10 years. 

12 ‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST

13 WATER TREATMENT.— 

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

15 of a vessel may submit to the Secretary an ap16 plication to test or evaluate a promising ballast 

17 water treatment technology that— 

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

19 standards required under paragraph (3); 

20 and 

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

22 performance that is the same as or more 

23 stringent than a standard required under 

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


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1 ‘‘(B) APPROVAL.—The Secretary shall ap2 prove an application under subparagraph (A) 

3 if— 

4 ‘‘(i) the Secretary and the Adminis5 trator determine that the treatment tech6 nologies have the potential to achieve the 

7 standards required under paragraph (3); 

8 and 

9 ‘‘(ii) the Administrator determines, 

10 based on independent and peer-reviewed 

11 information provided to the Secretary by 

12 the owner or operator of the vessel or 

13 other applicable parties, that the treatment 

14 technologies— 

15 ‘‘(I) comply with environmental 

16 requirements (including regulations); 

17 and 

18 ‘‘(II) have the potential to meet 

19 environmental soundness criteria es20 tablished under paragraph (8)(A)(i). 

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

22 an application under subparagraph (B), the 

23 Secretary and the Administrator may waive the 

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


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1 respect to the vessel that is subject to the appli2 cation approved. 

3 ‘‘(D) LIMITATIONS.— 

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

5 the treatment system approved under this 

6 section may cease prior to the termination 

7 of the approval period described in clause 

8 (ii). 

9 ‘‘(ii) PERIOD OF APPROVAL.—Ap10 proval granted under subparagraph (B) 

11 shall be for the least of— 

12 ‘‘(I) the expected useful life of 

13 the ballast water treatment system; 

14 ‘‘(II) a period of 10 years; or 

15 ‘‘(III) a period ending on the 

16 date that the Secretary and Adminis17 trator (as appropriate) determines 

18 that there exists a serious deficiency 

19 in performance or human safety or 

20 environmental soundness of the sys21 tem relative to anticipated perform22 ance or environmental soundness. 

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

24 of receiving experimental approval for a 

25 treatment under subparagraph (B), the 


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1 owner or operator of a vessel shall agree to 

2 collect and report such information regard3 ing the operational and biological effective4 ness of the treatment through sampling of 

5 the intake and discharge ballast as the 

6 Secretary may request. 

7 ‘‘(iv) RENEWAL.—An experimental 

8 approval may be renewed in accordance 

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

10 ‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS11 TEMS.— 

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

13 Secretary of Transportation, and the Adminis14 trator shall assist owners or operators of vessels 

15 that seek to obtain experimental approval for 

16 installation of ballast water treatment systems, 

17 including through providing guidance on— 

18 ‘‘(i) a sampling protocol and test pro19 gram for cost effective treatment evalua20 tion; 

21 ‘‘(ii) sources of sampling equipment 

22 and field biological expertise; and 

23 ‘‘(iii) examples of shipboard evalua24 tion studies. 


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1 ‘‘(B) SELECTION OF TECHNOLOGIES AND

2 PRACTICES.—In selecting technologies and 

3 practices for shipboard demonstration under 

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

5 and the Secretary of Commerce shall give pri6 ority consideration to technologies and practices 

7 that have received or are in the process of re8 ceiving certification under paragraph (5). 

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

10 shall annually summarize, and make available 

11 to interested parties, all available information 

12 on the performance of technologies proposed for 

13 ballast treatment to facilitate the application 

14 process for experimental approval for ballast 

15 water treatment under paragraph (6). 

16 ‘‘(8) ENVIRONMENTAL SOUNDNESS CRITERIA

17 FOR BALLAST TREATMENTS.— 

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

19 shall include in criteria promulgated under sec20 tion 1202(k)(1)(A) specific criteria— 

21 ‘‘(i) to ensure environmental sound22 ness of ballast treatment systems; and 

23 ‘‘(ii) to grant environmental sound24 ness exceptions under subparagraph (B). 

25 ‘‘(B) EXCEPTIONS.— 


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1 ‘‘(i) IN GENERAL.—In reviewing appli2 cations under paragraph (5)(F)(ii)(I)(aa) 

3 in an emergency situation to achieve reduc4 tions in significant and acute risk of trans5 fers of invasive species by vessels, the Sec6 retary and the Administrator may jointly 

7 determine to make an exception to criteria 

8 described in subparagraph (A)(i). 

9 ‘‘(ii) QUALIFICATION OF APPROV10 ALS.—To be eligible for an exception under 

11 clause (i), an approval under paragraph 

12 (5)(F)(ii)(I)(aa) shall be qualified under 

13 paragraph (5)(F)(ii)(II). 

14 ‘‘(c) GREAT LAKES PROGRAM.— 

15 ‘‘(1) REGULATIONS.— 

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

17 regulations are promulgated to implement the 

18 amendments made by the Great Lakes Collabo19 ration Implementation Act, regulations promul20 gated to carry out this Act shall remain in ef21 fect until revised or replaced pursuant to the 

22 Great Lakes Collaboration Implementation Act. 

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

24 than 180 days after the date of enactment of 

25 the Great Lakes Collaboration Implementation 


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1 Act, the Secretary shall promulgate regulations 

2 to minimize the discharge of invasive species 

3 from ships that claim no ballast on board, or 

4 that claim to be carrying only unpumpable 

5 quantities of ballast, including, at a minimum, 

6 a requirement that— 

7 ‘‘(i) such a ship shall conduct salt8 water flushing of ballast water tanks— 

9 ‘‘(I) outside the exclusive eco10 nomic zone; or 

11 ‘‘(II) at a designated alternative 

12 exchange site; and 

13 ‘‘(ii) before being allowed entry be14 yond the St. Lawrence Seaway, the master 

15 of such a ship shall certify that the ship 

16 has complied with each applicable require17 ment under this subsection. 

18 ‘‘(C) EARLY TECHNOLOGY.— 

19 ‘‘(i) IN GENERAL.—Not later than 

20 180 days after the date of enactment of 

21 the Great Lakes Collaboration Implemen22 tation Act, the Secretary shall promulgate 

23 regulations allowing ships entering the 

24 Great Lakes to use a ballast water treat25 ment technology that is as effective as balVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 last water exchange, as determined by the 

2 Secretary. 

3 ‘‘(ii) REQUIREMENT.—The regulations 

4 under clause (i) shall include a provision 

5 that a ballast water treatment technology 

6 used for purposes of complying with the 

7 regulations shall be permitted for the 

8 shorter of— 

9 ‘‘(I) the 10-year period beginning 

10 on the date of initial use of the tech11 nology; and 

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

13 the technology is used. 

14 ‘‘(iii) TREATMENT EQUIVALENCY TO

15 BALLAST WATER EXCHANGE.—For pur16 poses of the regulations under clause (i), 

17 the discharge standard of the International 

18 Maritime Organization shall be considered 

19 to be as effective as ballast water ex20 change. 

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

22 On implementation of a national mandatory ballast 

23 management program that is at least as comprehen24 sive as the Great Lakes program (as determined by 


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1 the Secretary, in consultation with the Governors of 

2 Great Lakes States)— 

3 ‘‘(A) the program regulating vessels and 

4 ballast water in Great Lakes under this section 

5 shall terminate; and 

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

7 such vessels and ballast water. 

8 ‘‘(3) REVIEW AND REVISION.— 

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

10 date that is 18 months after the date of enact11 ment of the Great Lakes Collaboration Imple12 mentation Act, the Secretary shall— 

13 ‘‘(i) review and revise regulations pro14 mulgated under this section to ensure the 

15 regulations provide the maximum prac16 ticable protection of the Great Lakes eco17 system from introduction by vessels (in18 cluding vessels in the unballasted condi19 tion) of aquatic invasive species; and 

20 ‘‘(ii) promulgate the revised regula21 tions. 

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

23 shall include, at a minimum, requirements 

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

25 that Act). 


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

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

4 after the date of enactment of the Great Lakes Col5 laboration Implementation Act, and not less often 

6 than every 3 years thereafter, the Secretary shall 

7 (with the concurrence of the Administrator, based on 

8 recommendations of the Task Force, and informa9 tion collected and analyzed under this title and in 

10 accordance with criteria developed by the Task 

11 Force under paragraph (3))— 

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

13 regulations promulgated under this section; 

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

17 invasive species by vessels; and 

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

19 scientific information available— 

20 ‘‘(i) revise the regulations referred to 

21 in subparagraph (A); and 

22 ‘‘(ii) promulgate additional regula23 tions. 

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

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


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1 Force makes a request to the Secretary for a special 

2 review and revision of the Program, the Secretary 

3 shall (with the concurrence of the Administrator)— 

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

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

7 provided under paragraph (1)(C)— 

8 ‘‘(i) revise those guidelines; or 

9 ‘‘(ii) promulgate additional regula10 tions. 

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

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

13 Great Lakes Collaboration Implementation Act, and 

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

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

18 ‘‘(e) SANCTIONS.— 

19 ‘‘(1) CIVIL PENALTIES.— 

20 ‘‘(A) IN GENERAL.—Any person that vio21 lates a regulation promulgated under this sec22 tion shall be liable for a civil penalty in an 

23 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 prohibiVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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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. 102. 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 Great Lakes Collaboration 

21 Implementation Act. 

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

23 the date of enactment of the Great Lakes Collabora24 tion Implementation Act, and every 3 years there25 after, the Secretary of Defense shall submit to ConVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 gress a report that includes a summary and analysis 

2 of the program carried out under this section.’’. 

3 CHAPTER 2—PREVENTION OF THE INTRO4 DUCTION OF AQUATIC INVASIVE SPE5 CIES BY OTHER PATHWAYS 

6 SEC. 106. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

7 Subtitle C of title I of the Nonindigenous Aquatic 

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

9 4721 et seq.) is amended by adding at the end the fol10 lowing: 

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

12 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH13 WAYS.—Not later than 2 years after the date of enactment 

14 of the Great Lakes Collaboration Implementation Act, and 

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

16 with the Invasive Species Council and in consultation with 

17 representatives of States, industry, and other interested 

18 parties, shall, based on pathway surveys and other avail19 able research relating to the rates of introductions in wa20 ters of the United States— 

21 ‘‘(1) identify those pathways that pose the high22 est risk for introductions of invasive species, both 

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

24 further managed; 


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1 ‘‘(2) develop recommendations for management 

2 strategies for those high-risk pathways; 

3 ‘‘(3) include in the report to the Congress re4 quired under section 1201(f)(2)(B) a description of 

5 the identifications, strategies, and recommendations; 

6 and 

7 ‘‘(4) identify aquatic invasive species not yet in8 troduced into waters of the United States that are 

9 likely to be introduced into waters of the United 

10 States unless 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 Great Lakes Collaboration Implementation Act, the 

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

17 SEC. 107. SCREENING PROCESS FOR PLANNED IMPORTA18 TIONS OF LIVE AQUATIC ORGANISMS. 

19 Subtitle B of title I of the Nonindigenous Aquatic 

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

21 4711 et seq.) is amended by adding at the end the fol22 lowing: 


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

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

4 date of enactment of the Great Lakes Collaboration Imple5 mentation Act, no live aquatic organism of a species not 

6 in trade shall be imported into the United States without 

7 screening and approval in accordance with subsections (c) 

8 and (d). 

9 ‘‘(b) GUIDELINES.— 

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

11 after the date of enactment of the Great Lakes Col12 laboration Implementation Act, in consultation with 

13 regional panels convened under section 1203, States, 

14 tribes, and other stakeholders, the Invasive Species 

15 Council (in conjunction with the Task Force) shall 

16 issue guidelines for screening proposed planned im17 portations of live aquatic organisms into the United 

18 States, that include— 

19 ‘‘(A) guidelines for minimum information 

20 requirements for determinations under sub21 section (c); and 

22 ‘‘(B) guidelines for a simplified notification 

23 procedure for any additional shipments of orga24 nisms that may occur after completion of an 

25 initial screening process and determination 

26 under subsection (c). 


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

2 process shall be to prevent the introduction or estab3 lishment of aquatic invasive species in waters of the 

4 United States and contiguous waters of Canada and 

5 Mexico. 

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

7 this subsection and reviewing and revising the guide8 lines under subsection (j), the Invasive Species 

9 Council and the Task Force shall consider— 

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

11 by human or natural means; 

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

13 with the species planned for importation, in14 cluding pathogens, parasites, and free-living or15 ganisms; and 

16 ‘‘(C) regional differences in probability of 

17 invasion and associated impacts. 

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

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

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

21 at least, to the genus level, of live aquatic organisms pro22 posed for importation and shall list— 

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

24 of undesirable impacts to areas within the bound25 aries of the United States and contiguous areas of 


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1 neighboring countries, to which the species is likely 

2 to spread; and 

3 ‘‘(2) species on which there is insufficient infor4 mation to determine the risk category based on 

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

6 ‘‘(d) EVALUATION.— 

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

8 after the date of promulgation of guidelines under 

9 subsection (b), in consultation with regional panels 

10 convened under section 1203, States, tribes, and 

11 other stakeholders, a Federal agency with authority 

12 over an importation into the United States of a live 

13 organism of a species not in trade shall screen the 

14 species in accordance with guidelines promulgated 

15 under subsection (b). 

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

17 agency has authority described in paragraph (1) or 

18 an agency delegates the screening to the Director 

19 under subsection (h)— 

20 ‘‘(A) the Director shall screen the orga21 nisms in accordance with subsections (a) and 

22 (b); and 

23 ‘‘(B) the Director may prohibit the impor24 tation of an organism of a species not in trade 

25 if the Director determines, based on evaluations 


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1 consistent with the screening requirements pro2 mulgated under subsection (f), that the species 

3 has a high or moderate probability of undesir4 able impacts on areas within the boundaries of 

5 the United States and contiguous areas of 

6 neighboring countries to which the species may 

7 spread. 

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

9 agency has jurisdiction over the importation of a live 

10 organism, the agencies shall conduct only 1 screen11 ing process as determined by a memorandum of un12 derstanding consistent with subsection (f), except 

13 that the Secretary of Agriculture, shall conduct 

14 screening of organisms imported to be cultured. 

15 ‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic16 tion, or the Director, shall— 

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

18 the United States from outside the United States of 

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

20 ‘‘(2) prohibit the importation of any species de21 scribed in subsection (c)(2), unless the importation 

22 is for the sole purpose of research that is conducted 

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


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1 ‘‘(3) make a determination under this sub2 section not later than 60 days after receiving a re3 quest for permission to import a live aquatic species. 

4 ‘‘(f) MEMORANDUM OF UNDERSTANDING.— 

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

6 States Fish and Wildlife Service shall enter into a 

7 memorandum of understanding with the heads of 

8 the agencies of jurisdiction regarding the screening 

9 requirements contained in this section. 

10 ‘‘(2) CONTENTS.—The memorandum of under11 standing shall contain, at a minimum— 

12 ‘‘(A) a description of the relationship be13 tween and responsibilities of the agencies of ju14 risdiction, including a process designating a 

15 lead agency in cases in which multiple agencies 

16 may have jurisdiction over the screening of an 

17 aquatic species; 

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

19 delegate screening duties to and receive delega20 tion from other agencies of jurisdiction; and 

21 ‘‘(C) the process by which agencies of ju22 risdiction will coordinate and share information 

23 required for the screening process. 

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

25 authority over the planned importation of a live aquatic 


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1 organism may delegate to the Director the screening proc2 ess carried out under this section. 

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

4 than 1 year after the date of enactment of the Great 

5 Lakes Collaboration Implementation Act, the Director of 

6 the United States Geological Survey and the Director of 

7 the Smithsonian Environmental Research Center, in co8 operation with agencies with jurisdiction over planned im9 portations of live organisms, shall— 

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

11 of species in trade; and 

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

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

14 ‘‘(i) REVIEW AND REVISION.— 

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

16 the Council, in conjunction with the Task Force, 

17 shall use research on early detection and monitoring 

18 under section 1106, among other information 

19 sources, to review and revise the screening, guide20 lines, and process carried out under this section. 

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

22 shall include in its report to Congress required pur23 suant to section 1201(f)(2)(B)— 


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

2 the screening processes carried out under this 

3 section; 

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

5 the application of the screening by agencies; 

6 and 

7 ‘‘(C) recommendations for revisions of the 

8 processes. 

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

10 person subject to the jurisdiction of the United States to 

11 import an organism of a species described under sub12 section (c) or (d) or in violation of regulations promul13 gated under this section. 

14 ‘‘(k) PENALTIES.— 

15 ‘‘(1) CIVIL PENALTIES.—Any person who vio16 lates subsection (j) shall be liable for a civil penalty 

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

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

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

20 C felony. 

21 ‘‘(l) FEES.—The head of any agency that has juris22 diction over a planned importation of a species subject to 

23 screening under this Act may increase the amount of any 

24 appropriate fee that is charged under an authority of law 


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1 to offset the cost of any screening process carried out 

2 under this section. 

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

4 a screening process under this section shall make the re5 sults of the process available to the public (including inter6 national organizations). 

7 ‘‘(n) REGULATIONS.—The Director may issue regula8 tions to implement this section. 

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

10 Nothing in this section shall be construed as repealing, 

11 superseding, or modifying any provision of Federal or 

12 state law.’’. 

13 CHAPTER 3—EARLY DETECTION; RAPID 

14 RESPONSE; CONTROL AND OUTREACH 

15 SEC. 111. EARLY DETECTION. 

16 Subtitle B of title I of the Nonindigenous Aquatic 

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

18 4711 et seq.) (as amended by section 107) is amended 

19 by adding at the end the following: 

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

21 ‘‘(a) EARLY DETECTION.— 

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

23 after the date of enactment of the Great Lakes Col24 laboration Implementation Act, in conjunction with 

25 the Council, the Task Force shall develop and proVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 mulgate a set of sampling protocols, a geographic 

2 plan, and budget to support a national system of ec3 ological surveys to rapidly detect recently established 

4 aquatic invasive species in waters of the United 

5 States. 

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

7 budget shall, at a minimum— 

8 ‘‘(A) address a diversity of aquatic eco9 systems of the United States (including inland 

10 and coastal waters); 

11 ‘‘(B) encourage State, local, port, and trib12 al participation in monitoring; 

13 ‘‘(C) balance scientific rigor with practica14 bility, timeliness, and breadth of sampling activ15 ity; 

16 ‘‘(D) consider the pathways and/or orga17 nisms identified under section 1210; 

18 ‘‘(E) include a capacity to evaluate the im19 pacts of permitted importations screened by the 

20 processes established under section 1105; and 

21 ‘‘(F) include clear lines of communication 

22 with appropriate Federal, State, and regional 

23 rapid response authorities. 

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

25 years after the date of enactment of the Great Lakes 


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1 Collaboration Implementation Act, the Director of 

2 the United States Fish and Wildlife Service, the Ad3 ministrator of the National Oceanic and Atmos4 pheric Administration, and the Administrator (in 

5 consultation with the Invasive Species Council and 

6 in coordination with other agencies) shall implement 

7 a national system of ecological surveys that is— 

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

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

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

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

14 any public comment.’’. 

15 SEC. 112. RAPID RESPONSE. 

16 Subtitle C of title I of the Nonindigenous Aquatic 

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

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

19 the following: 

20 ‘‘SEC. 1211. RAPID RESPONSE. 

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

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


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1 the State, including rapid assessment capabilities, 

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

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

6 subject to renewal, as determined by the Secretary 

7 of the Interior and the Secretary in accordance with 

8 paragraph (2). 

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

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

14 ‘‘(A) identifies all key governmental and 

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

17 ‘‘(B) clearly designates the authorities and 

18 responsibilities of each partner, including the 

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

21 ‘‘(C) specifies criteria for rapid response 

22 measures, including a diagnostic system that— 

23 ‘‘(i) distinguishes cases in which rapid 

24 response has a likelihood of success and 


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

3 ‘‘(ii) distinguishes rapid response 

4 measures from ongoing management and 

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

7 ‘‘(iii) distinguishes instances in which 

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

10 movements; 

11 ‘‘(D) includes an early detection strategy 

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

14 section 1106; 

15 ‘‘(E) provides for a monitoring capability 

16 to assess— 

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

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

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

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

23 1204; 

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

25 not use rapid response tools that do not meet 


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

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

5 ‘‘(i) potential pathways for spread of 

6 aquatic invasive species; and 

7 ‘‘(ii) persons involved in industries 

8 and recreational activities associated with 

9 those pathways; and 

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

11 vessels, conforms with guidelines issued by the 

12 Secretary under subsection (c)(2). 

13 ‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY

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

15 the Invasive Species Council and in consultation with the 

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

18 rapid response contingency strategies that— 

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

21 ‘‘(2) are approved by— 

22 ‘‘(A) the Secretary; and 

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


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1 ‘‘(c) MODEL RAPID RESPONSE CONTINGENCY

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

3 of enactment of the Great Lakes Collaboration Implemen4 tation Act— 

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

6 the Invasive Species Council and the regional panels 

7 of the Task Force established under section 1203, 

8 shall develop— 

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

13 components listed under subparagraphs (A) 

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

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

17 and 

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

19 Task Force and the regional panels, shall issue 

20 guidelines that describe vessel-related requirements 

21 that may be used in a rapid response contingency 

22 strategy, including specific requirements for strategy 

23 approved under this section. 

24 ‘‘(d) COST SHARING.— 


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1 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

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

5 shall be not less than 50 percent. 

6 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

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

9 contingency strategy approved under subsection (b) 

10 shall be not less than 75 percent. 

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

13 activities may provide matching funds in the form of 

14 in-kind contributions. 

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

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

17 than 1 year after the date of enactment of the Great 

18 Lakes Collaboration Implementation Act, the 

19 Invasive Species Council, in coordination with the 

20 Task Force and the heads of appropriate Federal 

21 agencies, shall establish a Federal rapid response 

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


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

2 response team shall, at a minimum— 

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

5 invasive species on Federal and tribal land; 

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

7 rapid responses for newly detected aquatic 

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

10 States or Indian tribes; 

11 ‘‘(C) provide training and expertise for 

12 State, tribal, or regional rapid responders; 

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

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

16 rapid response volunteers; and 

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

18 activity with respect to an aquatic noxious weed 

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

22 Service. 

23 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

24 RAPID RESPONSE WARRANTING FEDERAL ASSIST25 ANCE.—Not later than 1 year after the date of enVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 actment of the Great Lakes Collaboration Implemen2 tation Act, the Task Force, with the concurrence of 

3 the Invasive Species Council, shall develop criteria to 

4 identify cases of rapid response warranting Federal 

5 assistance under this subsection, including criteria 

6 relating to, at a minimum— 

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

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

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

12 control; and 

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

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

16 ‘‘(i) biodiversity of native fish and 

17 wildlife; 

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

20 ‘‘(iii) human health. 

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

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

23 Lakes Collaboration Implementation Act, the Ad24 ministrator, in consultation with the Invasive Spe25 cies Council, the Secretary of Transportation, the 


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1 Task Force (including regional panels of the Task 

2 Force established under section 1203), the Director, 

3 and the Director of the National Marine Fisheries 

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

7 SEC. 113. ENVIRONMENTAL SOUNDNESS. 

8 Section 1202(k) of the Nonindigenous Aquatic Nui9 sance Prevention and Control Act of 1990 (16 U.S.C. 

10 4722) is amended to read as follows: 

11 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

12 AQUATIC INVASIVE SPECIES.— 

13 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

14 SOUNDNESS OF TREATMENT METHODS.— 

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

16 after the date of enactment of the Great Lakes 

17 Collaboration Implementation Act, the Adminis18 trator, in consultation and cooperation with the 

19 Secretary, the Invasive Species Council, and the 

20 Task Force (including any regional panels of 

21 the Task Force) shall promulgate criteria to 

22 evaluate the treatment methods described in 

23 subparagraph (B) for the purpose of ensuring 

24 that the treatment methods pose no significant 

25 threat of adverse effect on human health, public 


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1 safety, or the environment (including air quality 

2 and the aquatic environment) that is acute, 

3 chronic, cumulative, or collective. 

4 ‘‘(B) TREATMENT METHODS.—The treat5 ment methods referred to in subparagraph (A) 

6 are all mechanical, physical, chemical, biologi7 cal, and other treatment methods used in bodies 

8 of water of the United States (regardless of 

9 whether the bodies of water are navigable and 

10 regardless of the origin of the waters), to pre11 vent, treat, or respond to the introduction of 

12 aquatic invasive species. 

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

14 subparagraph (A), the Administrator shall con15 sult with— 

16 ‘‘(i) the Secretary of Transportation; 

17 ‘‘(ii) the Task Force (including the re18 gional panels of the Task Force established 

19 under section 1203); 

20 ‘‘(iii) the Director; 

21 ‘‘(iv) the Assistant Secretary; 

22 ‘‘(v) the Director of the National Ma23 rine Fisheries Service; and 

24 ‘‘(vi) relevant State agencies. 


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1 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI2 RONMENTALLY SOUND TREATMENT METHODS.—The 

3 Administrator, in consultation with the Invasive Spe4 cies Council, shall publish (not later than 1 year 

5 after the date of enactment of the Great Lakes Col6 laboration Implementation Act) and update annu7 ally— 

8 ‘‘(A) a list of environmentally sound treat9 ment methods that may apply to a potential 

10 aquatic invasive species response effort; 

11 ‘‘(B) accompanying research that supports 

12 the environmental soundness of each approved 

13 treatment method; and 

14 ‘‘(C) explicit guidelines under which each 

15 treatment method can be used in an environ16 mentally sound manner. 

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

18 and Task Force shall include the information de19 scribed in paragraph (2) in the reports submitted 

20 under section 1201(f)(2)(B).’’. 

21 SEC. 114. INFORMATION, EDUCATION, AND OUTREACH. 

22 Section 1202(h) of the Nonindigenous Aquatic Nui23 sance Prevention and Control Act of 1990 (16 U.S.C. 

24 4722(h)) is amended— 


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

2 Force’’ and inserting the following: 

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

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

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

6 ‘‘(2) ACTIVITIES.— 

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

8 out under paragraph (1) shall include the ac9 tivities described in this paragraph. 

10 ‘‘(B) PUBLIC OUTREACH.— 

11 ‘‘(i) PUBLIC WARNINGS.—Not later 

12 than 180 days after the date of enactment 

13 of the Great Lakes Collaboration Imple14 mentation Act, each Federal officer of an 

15 agency that provides Federal funds to 

16 States for building or maintaining public 

17 access points to United States water bodies 

18 shall amend the guidelines of the agency, 

19 in consultation with relevant State agen20 cies, to encourage the posting of regionally 

21 specific public warnings or other suitable 

22 informational and educational materials at 

23 the access points regarding— 

24 ‘‘(I) the danger of spread of 

25 aquatic invasive species through the 


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1 transport of recreational watercraft; 

2 and 

3 ‘‘(II) methods for removing orga4 nisms prior to transporting a 

5 watercraft. 

6 ‘‘(ii) CLEANING OF WATERCRAFT AT

7 MARINAS.—Not later than 1 year after the 

8 date of enactment of the Great Lakes Col9 laboration Implementation Act, the Under 

10 Secretary and the Director (in cooperation 

11 with the Task Force and in consultation 

12 with the States, relevant industry groups, 

13 and Indian tribes) shall develop an edu14 cation, outreach, and training program di15 rected toward marinas and marina opera16 tors regarding— 

17 ‘‘(I) checking watercraft for live 

18 organisms; 

19 ‘‘(II) removing live organisms 

20 from the watercraft before the 

21 watercraft are commercially or 

22 recreationally trailered; 

23 ‘‘(III) encouraging regular hull 

24 cleaning and maintenance, avoiding 

25 in-water hull cleaning; and 


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1 ‘‘(IV) other activities, as identi2 fied by the Secretary. 

3 ‘‘(iii) PROPER DISPOSAL OF NON4 INDIGENOUS LIVE AQUATIC ORGANISMS IN

5 TRADE.—The Task Force shall— 

6 ‘‘(I) not later than 1 year after 

7 the date of enactment of the Great 

8 Lakes Collaboration Implementation 

9 Act, develop (in consultation with in10 dustry and other affected parties) 

11 issue guidelines for proper disposal of 

12 live nonindigenous aquatic organisms 

13 in trade; and 

14 ‘‘(II) use the guidelines in appro15 priate public information and out16 reach efforts. 

17 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

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

19 year after the date of enactment of the 

20 Great Lakes Collaboration Implementation 

21 Act, the Task Force shall expand the infor22 mation and education program directed at 

23 recreational boaters in States from which 

24 watercraft are transported westward across 

25 the 100th meridian. 


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

2 program, the task force shall— 

3 ‘‘(I) survey owners of watercraft 

4 transported westward across the 

5 100th meridian to determine the 

6 States of origin of most such owners; 

7 ‘‘(II) provide information directly 

8 to watercraft owners concerning the 

9 importance of cleaning watercraft car10 rying live organisms before trans11 porting the watercraft; and 

12 ‘‘(III) support education and in13 formation programs of the States of 

14 origin to ensure that the State pro15 grams address westward spread. 

16 ‘‘(D) INFORMATION AND EDUCATION PRO17 GRAM BY NATIONAL PARK SERVICE.—The Sec18 retary of the Interior, acting through the Direc19 tor of the National Park Service, shall develop 

20 a program to provide public outreach and other 

21 educational activities to prevent the spread of 

22 aquatic invasive species by recreational 

23 watercraft in parkland or through events spon24 sored by the National Park Service. 


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

2 Force, in conjunction with the Invasive Species 

3 Council, shall carry out activities to inform and pro4 mote voluntary cooperation and regulatory compli5 ance by members of the national and international 

6 maritime, horticultural, aquarium, aquaculture, and 

7 pet trade industries with screening, monitoring, and 

8 control of the transportation of aquatic invasive spe9 cies. 

10 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA11 TION.—The Task Force, the Invasive Species Coun12 cil, and other relevant agencies, shall maintain infor13 mation on the Internet regarding— 

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

15 and private interests to use in assisting with 

16 national early detection and monitoring of 

17 aquatic invasive species in waters of the United 

18 States; 

19 ‘‘(B) contact locations for joining a na20 tional network of monitoring stations; 

21 ‘‘(C) approved State Management Plans 

22 under section 1204(a) and Rapid Response 

23 Contingency Strategies under sections 

24 1211(a)(2) and 1211(c); and 


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

2 section 1201(a)(4).’’. 

3 CHAPTER 4—COORDINATION 

4 SEC. 116. PROGRAM COORDINATION. 

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

6 of the Nonindigenous Aquatic Nuisance Prevention and 

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

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

9 end; 

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

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

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

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

18 ‘‘(9) the Secretary of State; 

19 ‘‘(10) the Secretary of Transportation; 

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

21 and’’. 

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

25 4721(f)) is amended— 


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

2 inserting the following: 

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

4 Force’’; and 

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

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

7 Invasive Species Council shall— 

8 ‘‘(A) coordinate and cooperate with the 

9 Task Force in carrying out the duties of the 

10 Invasive Species Council relating to aquatic 

11 invasive species; 

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

13 of enactment of the Great Lakes Collaboration 

14 Implementation Act, and every 3 years there15 after, submit to Congress a report that summa16 rizes the status of the conduct of activities au17 thorized by and required under this Act; and 

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

19 forces in coordination with the regional panels 

20 of the Task Force convened under section 

21 1203.’’. 

22 (c) COORDINATION WITH OTHER PROGRAMS.—Sec23 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre24 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

25 amended by adding at the end the following: 


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1 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 

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

3 annually recommend to Federal agencies of ju4 risdiction such additions of aquatic invasive 

5 species as the Task Force determines to be ap6 propriate for inclusion on— 

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

8 under the Lacey Act Amendments of 1981 

9 (16 U.S.C. 3371 et seq.) (including regula10 tions under such Act); or 

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

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

13 seq.) (including regulations promulgated 

14 under that Act contained in part 360 of 

15 title 7, Code of Federal Regulations (or 

16 any successor regulations)). 

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

18 the screening process developed pursuant to 

19 section 1105 to identify species pursuant to 

20 subparagraph (A).’’. 

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

22 Nonindigenous Aquatic Nuisance Prevention and Control 

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

24 the end the following: 


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

2 Force shall annually convene all regional panels estab3 lished pursuant to this Act for the purpose of information 

4 transfer between and among panels, and between the pan5 els and the Task Force, regarding aquatic invasive species 

6 management. 

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

8 that has a Federal charter authorized by law, interstate 

9 agreement, or Executive order for purposes of fisheries or 

10 natural resource management may receive funds under 

11 this Act to implement activities authorized under this 

12 Act.’’. 

13 (e) STATE AQUATIC INVASIVE SPECIES MANAGE14 MENT PLANS.—Section 1204(a) of the Nonindigenous 

15 Aquatic Nuisance Prevention and Control Act of 1990 (16 

16 U.S.C. 4724(a)) is amended— 

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

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

19 accordance with guidelines issued by the Task Force 

20 under paragraph (5)— 

21 ‘‘(A) rapid response contingency strategies 

22 under section 1211; 

23 ‘‘(B) early detection strategies under sec24 tion 1211(a)(2)(D); 


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1 ‘‘(C) aquatic plant control programs pursu2 ant to other law; and 

3 ‘‘(D) screening of planned introductions 

4 pursuant to section 1105;’’. 

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

6 after ‘‘(D)’’; and 

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

8 ‘‘(5) GUIDELINES.— 

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

10 after the date of enactment of the Great Lakes 

11 Collaboration Implementation Act, the Task 

12 Force shall publish in the Federal Register 

13 guidelines for the development of plans under 

14 this subsection, including guidelines for report15 ing progress in implementing the plans, to en16 courage consistency in implementation of and 

17 reporting under those plans. 

18 ‘‘(B) GUIDELINES.—The guidelines pub19 lished under subparagraph (A) shall include, for 

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

21 concerning— 

22 ‘‘(i) rapid response contingency strate23 gies under section 1211; 

24 ‘‘(ii) early detection and monitoring 

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


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1 ‘‘(iii) aquatic plant control programs; 

2 ‘‘(iv) screening of planned introduc3 tions pursuant to and consistent with sec4 tion 1105; and 

5 ‘‘(v) the review and revision of re6 quirements of this subsection and the re7 approval process under this subsection. 

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

9 ‘‘(A) IN GENERAL.—A plan approved 

10 under paragraph (4) shall be deemed to meet 

11 any State planning requirement of the program 

12 established under section 104 of the River and 

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

14 to control noxious aquatic plant growths. 

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

16 States for implementation of plans pursuant to 

17 section 1204 may be used by States to enforce 

18 requirements relating to aquatic invasive species 

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

20 et seq.) (including regulations promulgated 

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

22 Code of Federal Regulations (or any successor 

23 regulations)). 

24 ‘‘(7) REVIEW AND REVISION.— 


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1 ‘‘(A) IN GENERAL.—Each State shall peri2 odically review and, as necessary and subject to 

3 subparagraph (B), revise the management plan 

4 of the State in accordance with guidelines of 

5 the Task Force under paragraph (5). 

6 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

7 State plan approved under the section before 

8 the date of the enactment of the National 

9 Aquatic Species Act of 2006 shall be revised by 

10 the State under guidelines issued by the Direc11 tor to conform to the guidelines published 

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

13 plan approved under this subsection for pur14 poses of grants under this section. 

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

16 addition to the management plans required under 

17 this subsection, the Director shall encourage each 

18 State to develop and implement new, and expand ex19 isting, State management plans to improve State ac20 tions to prevent and control aquatic invasive spe21 cies.’’. 

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

23 Nonindigenous Aquatic Nuisance Prevention and Control 

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1 ing ‘‘subsection (a) for the implementation of those 

2 plans.’’ and inserting the following: ‘‘subsection (a)— 

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

4 that does not exceed 10 percent of the amounts 

5 made available for grants under this section for each 

6 fiscal year; and 

7 ‘‘(B) to implement those plans.’’. 

8 SEC. 117. INTERNATIONAL COORDINATION. 

9 Subtitle E of title I of the Nonindigenous Aquatic 

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

11 4751 et seq.) is amended— 

12 (1) by striking the subtitle heading and insert13 ing the following: 

14 ‘‘Subtitle E—Administration’’; 

15 and 

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

17 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

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

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

20 maximum extent practicable, coordinate activities to en21 sure that international efforts to prevent and manage 

22 aquatic invasive species (including through the Inter23 national Maritime Organization, the International Con24 vention on the Exploration of the Sea, the Global Invasive 

25 Species Program, and other appropriate programs) are coVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 ordinated with policies of the United States established by 

2 this Act. 

3 ‘‘(b) COORDINATION WITH NEIGHBORING COUN4 TRIES.— 

5 ‘‘(1) IN GENERAL.—The Task Force, in con6 sultation with the Secretary of State, shall include in 

7 the report required by section 1201(f)(2)(B) a de8 scription of the means by which international agree9 ments and regulations with countries that share a 

10 border with the United States will be implemented 

11 and enforced by Federal agencies (including a clari12 fication of the roles and responsibilities of those 

13 agencies). 

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

15 after the date of enactment of the Great Lakes Col16 laboration Implementation Act, the Secretary of 

17 State may enter into negotiations with— 

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

19 International Joint Commission, by not later 

20 than 18 months after the date of enactment of 

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

22 and submit to the parties represented on the 

23 International Joint Commission a report that 

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1 ing jurisdiction over the Great Lakes in antici2 pating and preventing biological invasions of 

3 the aquatic ecosystem in the Great Lakes, in4 cluding— 

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

6 State or Provincial, local, and international 

7 laws, enforcement practices, and agree8 ments; 

9 ‘‘(ii) an analysis of prevention efforts 

10 related to all likely pathways for biological 

11 invasions of the aquatic ecosystem in the 

12 Great Lakes; and 

13 ‘‘(iii) recommendations of the Inter14 national Joint Commission for means by 

15 which to improve and harmonize the poli16 cies and enforcement practices referred to 

17 in clause (i); and 

18 ‘‘(B) Mexico, to ensure coordination of ef19 forts of the United States with efforts of Mex20 ico to manage invasive species established in the 

21 United States-Mexico border region.’’. 


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1 CHAPTER 5—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 121. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1301 of the Nonindigenous Aquatic Nuisance 

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

6 amended to read as follows: 

7 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

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

9 this section, there are authorized to be appropriated such 

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

11 fiscal years 2010 through 2014. 

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

13 PROGRAM.—There are authorized to be appropriated for 

14 each of fiscal years 2010 through 2014— 

15 ‘‘(1) $8,000,000, to carry out activities of the 

16 Task Force under section 1202, of which— 

17 ‘‘(A) $4,000,000 shall be used by the Di18 rector; 

19 ‘‘(B) $3,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

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

23 Invasive Species Council; 

24 ‘‘(2) $30,000,000, to provide grants under sec25 tion 1204(b); 


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1 ‘‘(3) $3,000,000, to provide assistance to the 

2 regional panels of the Task Force; and 

3 ‘‘(4) $1,000,000, to be used by the Director to 

4 carry out section 1105(g). 

5 ‘‘(c) INTERNATIONAL COORDINATION.—There is au6 thorized to be appropriated to the Department of State 

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

8 years 2010 through 2014. 

9 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

10 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

11 UNITED STATES.—There are authorized to be appro12 priated for each of fiscal years 2010 through 2014— 

13 ‘‘(1) $6,000,000, to be used by the Secretary to 

14 carry out section 1101; 

15 ‘‘(2) $2,500,000, to be used by the Adminis16 trator to carry out section 1101; and 

17 ‘‘(3) $2,750,000, to be used by the Task Force 

18 to carry out section 1101, of which— 

19 ‘‘(A) $1,500,000 shall be used by the Di20 rector; and 

21 ‘‘(B) $1,250,000 shall be used by the Na22 tional Oceanic and Atmospheric Administration. 

23 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON24 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

25 WATERS OF THE UNITED STATES.—There are authorized 


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1 to be appropriated for each of fiscal years 2010 through 

2 2014— 

3 ‘‘(1) $5,000,000, to carry out the priority path4 way management program under section 1210, of 

5 which— 

6 ‘‘(A) $2,000,000 shall be used by the Na7 tional Oceanic and Atmospheric Administration; 

8 and 

9 ‘‘(B) $3,000,000 shall be used by the Di10 rector; 

11 ‘‘(2) $1,000,000, to be used by the Invasive 

12 Species Council to establish screening guidelines 

13 under section 1105(b); and 

14 ‘‘(3) $3,500,000, to be used by the Director to 

15 promulgate and implement screening requirements 

16 under section 1105(g). 

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

18 are authorized to be appropriated, to carry out early detec19 tion, monitoring, and survey planning and implementation 

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

21 2010 and 2011 and $10,000,000 for each of fiscal years 

22 2012 through 2014, of which— 

23 ‘‘(1) for each of fiscal years 2010 and 2011— 


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

3 and 

4 ‘‘(B) $1,000,000 shall be used by the Di5 rector; and 

6 ‘‘(2) for each of fiscal years 2012 through 

7 2014— 

8 ‘‘(A) $5,000,000 shall be used by the Na9 tional Oceanic and Atmospheric Administration; 

10 and 

11 ‘‘(B) $5,000,000 shall be used by the Di12 rector. 

13 ‘‘(g) RAPID RESPONSE AND ENVIRONMENTAL

14 SOUNDNESS.— 

15 ‘‘(1) RAPID RESPONSE.—There are authorized 

16 to be appropriated for each of fiscal years 2010 

17 through 2014— 

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

19 fund of the Secretary of the Interior established 

20 under section 1211; 

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

22 Invasive Species Council in developing the State 

23 and regional rapid response contingency strat24 egy under section 1211; and 


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

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

3 which— 

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

5 National Oceanic and Atmospheric Admin6 istration; and 

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

8 Director. 

9 ‘‘(2) ENVIRONMENTAL SOUNDNESS.—There is 

10 authorized to be appropriated for establishment 

11 under section 1202(k) of criteria for the improve12 ment of treatment methods for aquatic invasive spe13 cies $600,000 for each of fiscal years 2010 through 

14 2014. 

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

16 There are authorized to be appropriated for each of fiscal 

17 years 2010 through 2014— 

18 ‘‘(1) $500,000, to be used by the Secretary of 

19 the Interior to carry out the information and edu20 cation program under section 1202(h)(2)(D); 

21 ‘‘(2) $750,000, to be used by the Director in 

22 carrying out the 100th meridian program under sec23 tion 1202(h)(2)(C); 


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1 ‘‘(3) $2,000,000, to be used to carry out infor2 mational and educational activities of the Task 

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

4 ‘‘(A) $1,000,000 shall be used by the Na5 tional Oceanic and Atmospheric Administration; 

6 and 

7 ‘‘(B) $1,000,000 shall be used by the Di8 rector; and 

9 ‘‘(4) $500,000, to be used by the National Oce10 anic and Atmospheric Administration to carry out 

11 section 1202(h)(2)(B)(ii).’’. 

12 CHAPTER 6—CONFORMING AMENDMENTS 

13 SEC. 126. CONFORMING AMENDMENTS. 

14 (a) IN GENERAL.—The Nonindigenous Aquatic Nui15 sance Prevention and Control Act of 1990 is amended— 

16 (1) in section 1101 (16 U.S.C. 4711) by strik17 ing the section heading and inserting the following: 

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

19 INVASIVE SPECIES INTO WATERS OF THE 

20 UNITED STATES BY VESSELS.’’; 

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

22 (A) in subsection (a) by striking the sub23 section heading and inserting the following: 

24 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

25 INVASIVE SPECIES BY VESSELS.—’’; and 


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1 (B) in subsection (b)— 

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

3 (ii) by redesignating paragraphs (2) 

4 and (3) as paragraphs (1) and (2), respec5 tively; 

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

7 striking the subtitle heading and inserting the fol8 lowing: 

9 ‘‘Subtitle C—Prevention and Con10 trol of Aquatic Invasive Species 

11 Dispersal’’; 

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

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

14 Species’’; 

15 (5) in section 1202 (16 U.S.C. 4722) by strik16 ing the section heading and inserting the following: 

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

18 (6) in section 1204 (16 U.S.C. 4724) by strik19 ing the section heading and inserting the following: 

20 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE21 MENT PLANS.’’; 

22 and 

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

24 place it appears and inserting ‘‘aquatic invasive spe25 cies’’. 


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1 (b) SHORT TITLE.—(1) Section 1001 of the Non2 indigenous Aquatic Nuisance Prevention and Control Act 

3 of 1990 (16 U.S.C. 4701) is amended by striking ‘‘Non4 indigenous Aquatic Nuisance’’ and inserting ‘‘Nonindige5 nous Aquatic Invasive Species’’. 

6 (2) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the Nonindigenous Aquatic Nuisance Prevention 

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

10 to the Nonindigenous Aquatic Invasive Species Prevention 

11 and Control Act of 1990. 

12 Subtitle B—Aquatic Invasive 

13 Species Research 

14 SEC. 141. FINDINGS. 

15 The Congress makes the following findings: 

16 (1) Aquatic invasive species damage infrastruc17 ture, disrupt commerce, outcompete native species, 

18 reduce biodiversity, and threaten human health. 

19 (2) The direct and indirect costs of aquatic 

20 invasive species to our Nation’s economy number in 

21 the billions of dollars per year. 

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

23 to economic damage, invasive species cause enor24 mous environmental damage, and have cited invasive 


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1 species as the second leading threat to endangered 

2 species. 

3 (4) Over the past 200 years, the rate of de4 tected marine and freshwater invasions in North 

5 America has increased exponentially. 

6 (5) The rate of invasions continues to grow 

7 each year. 

8 (6) Marine and freshwater research underlies 

9 every aspect of detecting, preventing, controlling, 

10 and eradicating invasive species, educating citizens 

11 and stakeholders, and restoring ecosystems. 

12 (7) Current Federal efforts, including research 

13 efforts, have focused primarily on controlling estab14 lished invasive species, which is both costly and often 

15 unsuccessful. An emphasis on research, development, 

16 and demonstration to support efforts to prevent 

17 invasive species or eradicate them upon entry into 

18 United States waters would likely result in a more 

19 cost-effective and successful approach to combating 

20 invasive species through preventing initial introduc21 tion. 

22 (8) Research, development, and demonstration 

23 to support prevention and eradication includes moni24 toring of both pathways and ecosystems to track the 

25 introduction and establishment of nonnative species, 


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1 and development and testing of technologies to pre2 vent introduction through known pathways. 

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

4 United States interest to conduct a comprehensive 

5 and thorough research, development, and demonstra6 tion program on aquatic invasive species in order to 

7 better understand how aquatic invasive species are 

8 introduced and become established and to support 

9 efforts to prevent the introduction and establishment 

10 of, and to eradicate, these species. 

11 SEC. 142. DEFINITIONS. 

12 In this Act: 

13 (1) ADMINISTERING AGENCIES.—The term ‘‘ad14 ministering agencies’’ means— 

15 (A) the National Oceanic and Atmospheric 

16 Administration (including the Great Lakes En17 vironmental Research Laboratory); 

18 (B) the Smithsonian Institution (acting 

19 through the Smithsonian Environmental Re20 search Center); and 

21 (C) the United States Geological Survey. 

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

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

24 environment (including inland waters, riparian 

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


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1 (3) BALLAST WATER.—The term ‘‘ballast 

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

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

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

5 introduction and establishment of an invasive species 

6 into an ecosystem beyond its historic range. 

7 (5) INVASIVE SPECIES.—The term ‘‘invasive 

8 species’’ means a species— 

9 (A) that is nonnative to the ecosystem 

10 under consideration; and 

11 (B) whose introduction causes or may 

12 cause harm to the economy, the environment, or 

13 human health. 

14 (6) INVASIVE SPECIES COUNCIL.—The term 

15 ‘‘Invasive Species Council’’ means the council estab16 lished by section 3 of Executive Order No. 13112 

17 (42 U.S.C. 4321 note). 

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

19 or more routes by which an invasive species is trans20 ferred from one ecosystem to another. 

21 (8) SPECIES.—The term ‘‘species’’ means any 

22 fundamental category of taxonomic classification or 

23 any viable biological material ranking below a genus 

24 or subgenus. 


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1 (9) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Aquatic Nuisance Species Task Force es3 tablished by section 1201(a) of the Nonindigenous 

4 Aquatic Nuisance Prevention and Control Act of 

5 1990 (16 U.S.C. 4721(a)). 

6 (10) TYPE APPROVAL.—The term ‘‘type ap7 proval’’ means an approval procedure under which a 

8 type of system is certified as meeting a standard es9 tablished pursuant to Federal law for a particular 

10 application. 

11 SEC. 143. COORDINATION AND IMPLEMENTATION. 

12 (a) COORDINATION.—In carrying out this Act, the 

13 administering agencies shall coordinate with— 

14 (1) appropriate State agencies; 

15 (2) the Fish and Wildlife Service, the Environ16 mental Protection Agency, and other appropriate 

17 Federal agencies; and 

18 (3) the Task Force and Invasive Species Coun19 cil. 

20 (b) IMPLEMENTATION.—The administering agencies 

21 shall enter into a memorandum of understanding regard22 ing the implementation of this Act, which shall include the 

23 coordination required by subsection (a). 


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1 (c) COOPERATION.—In carrying out this Act, the ad2 ministering agencies shall contract, as appropriate, or oth3 erwise cooperate with academic researchers. 

4 (d) STRUCTURE.—To the extent practicable, the ad5 ministering agencies shall carry out this Act working with6 in the organizational structure of the Task Force and 

7 Invasive Species Council. 

8 SEC. 144. ECOLOGICAL AND PATHWAY RESEARCH. 

9 (a) IN GENERAL.—The administering agencies shall 

10 develop and conduct a marine and fresh-water research 

11 program which shall include ecological and pathway sur12 veys and experimentation to detect nonnative aquatic spe13 cies in aquatic ecosystems and to assess rates and patterns 

14 of introductions of nonnative aquatic species in aquatic 

15 ecosystems. The goal of this marine and freshwater re16 search program shall be to support efforts to prevent the 

17 introduction of, detect, and eradicate invasive species 

18 through informing early detection and rapid response ef19 forts, informing relevant policy decisions, and assessing 

20 the effectiveness of implemented policies to prevent the in21 troduction and spread of aquatic invasive species. Surveys 

22 and experiments under this subsection shall be commenced 

23 not later than 18 months after the date of the enactment 

24 of this Act. 


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1 (b) PROTOCOL DEVELOPMENT.—The administering 

2 agencies shall establish standardized protocols for con3 ducting ecological and pathway surveys of nonnative 

4 aquatic species under subsection (a) that are integrated 

5 and produce comparable data. Protocols shall, as prac6 ticable, be integrated with existing protocols and data col7 lection methods. In developing the protocols under this 

8 subsection, the administering agencies shall draw on the 

9 recommendations gathered at the workshop under sub10 section (g). The protocols shall be peer reviewed, and re11 vised as necessary. Protocols shall be completed within 1 

12 year after the date of the enactment of this Act. 

13 (c) ECOLOGICAL AND PATHWAY SURVEY REQUIRE14 MENTS.—(1) Each ecological survey conducted under sub15 section (a) shall, at a minimum— 

16 (A) document baseline ecological information of 

17 the aquatic ecosystem including, to the extent prac18 ticable, a comprehensive inventory of native species, 

19 nonnative species, and species of unknown origin 

20 present in the ecosystem, as well as the chemical 

21 and physical characteristics of the water and under22 lying substrate; 

23 (B) for nonnative species, gather information to 

24 assist in identifying their life history, environmental 

25 requirements and tolerances, the historic range of 


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1 their native ecosystems, and their history of spread2 ing from their native ecosystems; 

3 (C) track the establishment of nonnative species 

4 including information about the estimated abun5 dance of nonnative organisms in order to allow an 

6 analysis of the probable date of introduction of the 

7 species; and 

8 (D) identify the likely pathway of entry of non9 native species. 

10 (2) Each pathway survey conducted under this sec11 tion shall, at a minimum— 

12 (A) identify what nonnative aquatic species are 

13 being introduced or may be introduced through the 

14 pathways under consideration; 

15 (B) determine the quantities of organisms being 

16 introduced through the pathways under consider17 ation; and 

18 (C) determine the practices that contributed to 

19 or could contribute to the introduction of nonnative 

20 aquatic species through the pathway under consider21 ation. 

22 (d) NUMBER AND LOCATION OF SURVEY SITES.— 

23 The administering agencies shall designate the number 

24 and location of survey sites necessary to carry out marine 

25 and freshwater research required under this section. In 


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1 establishing sites under this subsection or subsection (e), 

2 emphasis shall be on the geographic diversity of sites, as 

3 well as the diversity of the human uses and biological char4 acteristics of sites. 

5 (e) COMPETITIVE GRANT PROGRAM.—The National 

6 Oceanic and Atmospheric Administration and the United 

7 States Geological Survey shall jointly administer a pro8 gram to award competitive, peer-reviewed grants to aca9 demic institutions, State agencies, and other appropriate 

10 groups, in order to assist in carrying out subsection (a), 

11 and shall include to the maximum extent practicable di12 verse institutions, including Historically Black Colleges 

13 and Universities and those serving large proportions of 

14 Hispanics, Native Americans, Asian-Pacific Americans, or 

15 other underrepresented populations. 

16 (f) SHIP PATHWAY SURVEYS.—Section 

17 1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance 

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

19 4712(b)(2)(B)(ii)) is amended to read as follows: 

20 ‘‘(ii) examine other potential modes 

21 for the introduction of nonnative aquatic 

22 species by ship, including hull fouling.’’. 

23 (g) WORKSHOP.—In order to support the develop24 ment of the protocols and design for the surveys under 

25 subsections (b) and (c), and to determine how to obtain 


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1 consistent, comparable data across a range of ecosystems, 

2 the administering agencies shall convene at least one 

3 workshop with appropriate researchers and representa4 tives involved in the management of aquatic invasive spe5 cies from Federal and State agencies and academic insti6 tutions to gather recommendations. The administering 

7 agencies shall make the results of the workshop widely 

8 available to the public. The workshop shall be held within 

9 180 days after the date of the enactment of this Act. 

10 (h) EXPERIMENTATION.—The administering agen11 cies shall conduct research to identify the relationship be12 tween the introduction and establishment of nonnative 

13 aquatic species, including those legally introduced, and the 

14 circumstances necessary for those species to become 

15 invasive. 

16 (i) NATIONAL PATHWAY AND ECOLOGICAL SURVEYS

17 DATABASE.— 

18 (1) IN GENERAL.—The United States Geologi19 cal Survey shall develop, maintain, and update, in 

20 consultation and cooperation with the Smithsonian 

21 Institution (acting through the Smithsonian Envi22 ronmental Research Center), the National Oceanic 

23 and Atmospheric Administration, and the Task 

24 Force, a central, national database of information 

25 concerning information collected under this section. 


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1 (2) REQUIREMENTS.—The database shall— 

2 (A) be widely available to the public; 

3 (B) be updated not less than once a quar4 ter; 

5 (C) be coordinated with existing databases, 

6 both domestic and foreign, collecting similar in7 formation; and 

8 (D) be, to the maximum extent practicable, 

9 formatted such that the data is useful for both 

10 researchers and Federal and State employees 

11 managing relevant invasive species programs. 

12 SEC. 145. ANALYSIS. 

13 (a) INVASION ANALYSIS.— 

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

15 the date of the enactment of this Act, and every year 

16 thereafter, the administering agencies shall analyze 

17 data collected under section 144 and other relevant 

18 research on the rates and patterns of invasions by 

19 aquatic invasive species in waters of the United 

20 States. The purpose of this analysis shall be to use 

21 the data collected under section 144 and other rel22 evant research to support efforts to prevent the in23 troduction of, detect, and eradicate invasive species 

24 through informing early detection and rapid re25 sponse efforts, informing relevant policy decisions, 


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1 and assessing the effectiveness of implemented poli2 cies to prevent the introduction and spread of 

3 invasive species. 

4 (2) CONTENTS.—The analysis required under 

5 paragraph (1) shall include with respect to aquatic 

6 invasive species— 

7 (A) an analysis of pathways, including— 

8 (i) identifying, and characterizing as 

9 high, medium, or low risk, pathways re10 gionally and nationally; 

11 (ii) identifying new and expanding 

12 pathways; 

13 (iii) identifying handling practices 

14 that contribute to the introduction of spe15 cies in pathways; and 

16 (iv) assessing the risk that species le17 gally introduced into the United States 

18 pose for introduction into aquatic eco19 systems; 

20 (B) patterns and rates of invasion and sus21 ceptibility to invasion of various bodies of 

22 water; 

23 (C) how the risk of establishment through 

24 a pathway is related to the identity and number 

25 of organisms transported; 


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1 (D) rates of spread and numbers and types 

2 of pathways of spread of new populations of the 

3 aquatic invasive species and an estimation of 

4 the potential spread and distribution of newly 

5 introduced invasive species based on their envi6 ronmental requirements and historical distribu7 tion; 

8 (E) documentation of factors that influ9 ence an ecosystem’s vulnerability to a nonnative 

10 aquatic species becoming invasive; 

11 (F) a description of the potential for, and 

12 impacts of, pathway management programs on 

13 invasion rates; 

14 (G) recommendations for improvements in 

15 the effectiveness of pathway management; 

16 (H) to the extent practical, a determina17 tion of the level of reduction in live organisms 

18 of various taxonomic groups required to reduce 

19 the risk of establishment to receiving aquatic 

20 ecosystems to an acceptable level; and 

21 (I) an evaluation of the effectiveness of 

22 management actions (including any standard) 

23 at preventing nonnative species introductions 

24 and establishment. 


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1 (b) RESEARCH TO ASSESS THE POTENTIAL OF THE

2 ESTABLISHMENT OF INTRODUCED SPECIES.—Within 2 

3 years after the date of the enactment of this Act, the ad4 ministering agencies shall develop a profile, based on the 

5 general characteristics of invasive species and vulnerable 

6 ecosystems, in order to predict, to the extent practical, 

7 whether a species planned for importation is likely to in8 vade a particular aquatic ecosystem if introduced. In de9 veloping the profile, the above agencies shall analyze the 

10 research conducted under section 144, and other research 

11 as necessary, to determine general species and ecosystem 

12 characteristics (taking into account the opportunity for in13 troduction into any ecosystem) and circumstances that can 

14 lead to establishment. Based on the profile, the Task 

15 Force shall make recommendations to the Invasive Species 

16 Council as to what planned importations of nonnative 

17 aquatic organisms should be restricted. This profile shall 

18 be peer-reviewed. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated for carrying out this sec21 tion and section 144, and section 1102(b)(2) of the Non22 indigenous Aquatic Nuisance Prevention and Control Act 

23 of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 

24 2010 through 2014— 


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1 (1) $4,000,000 for the Smithsonian Environ2 mental Research Center; 

3 (2) $11,000,000 for the United States Geologi4 cal Survey (including activities through the Coopera5 tive Fish and Wildlife Research Program), of which 

6 $6,500,000 shall be for the grant program under 

7 section 144(e), and of which $500,000 shall be for 

8 developing, maintaining, and updating the database 

9 under section 144(i); and 

10 (3) $10,500,000 for the National Oceanic and 

11 Atmospheric Administration, of which $6,500,000 

12 shall be for the grant program under section 144(e). 

13 SEC. 146. DISSEMINATION. 

14 (a) IN GENERAL.—The Invasive Species Council, in 

15 coordination with the Task Force and the administering 

16 agencies, shall be responsible for disseminating the infor17 mation collected under this Act to the public, including 

18 Federal, State, and local entities, relevant policymakers, 

19 and private researchers with responsibility over or interest 

20 in aquatic invasive species. 

21 (b) REPORT TO CONGRESS.—Not later than 3 years 

22 after the date of the enactment of this Act, the Invasive 

23 Species Council shall report actions and findings under 

24 section 145 to the Congress, and shall update this report 

25 once every 3 years thereafter, or more often as necessary. 


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1 (c) RESPONSE STRATEGY.—The Invasive Species 

2 Council, in coordination with the Task Force, the admin3 istering agencies, and other appropriate Federal and State 

4 agencies, shall develop and implement a national strategy 

5 for how information collected under this Act will be shared 

6 with Federal, State, and local entities with responsibility 

7 for determining response to the introduction of potentially 

8 invasive aquatic species, to enable those entities to better 

9 and more rapidly respond to such introductions. 

10 (d) PATHWAY PRACTICES.—The Invasive Species 

11 Council, in coordination with the Task Force and the ad12 ministering agencies, shall disseminate information to, 

13 and develop an ongoing educational program for, pathway 

14 users (including vendors and customers) on how their 

15 practices could be modified to prevent the intentional or 

16 unintentional introduction of nonnative aquatic species 

17 into aquatic ecosystems. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of the 

20 Interior for each of the fiscal years 2010 through 2014 

21 $500,000 for the Invasive Species Council for carrying out 

22 this section. 


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1 SEC. 147. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 

2 AND VERIFICATION. 

3 (a) ENVIRONMENTALLY SOUND TECHNOLOGY DE4 VELOPMENT, DEMONSTRATION, AND VERIFICATION.— 

5 (1) GRANT PROGRAM.—Not later than 1 year 

6 after the date of the enactment of this Act, the En7 vironmental Protection Agency, acting through the 

8 Office of Research and Development, in consultation 

9 with the Army Corps of Engineers, the admin10 istering agencies, and the Task Force, shall develop 

11 and begin administering a grant program to fund re12 search, development, demonstration, and verification 

13 of environmentally sound cost-effective technologies 

14 and methods to control and eradicate aquatic 

15 invasive species. 

16 (2) PURPOSES.—Proposals funded under this 

17 subsection shall— 

18 (A) seek to support Federal, State, or local 

19 officials’ ongoing efforts to control and eradi20 cate aquatic invasive species in an environ21 mentally sound manner; 

22 (B) increase the number of environ23 mentally sound technologies or methods Fed24 eral, State, or local officials may use to control 

25 or eradicate aquatic invasive species; 


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1 (C) provide for demonstration or dissemi2 nation of the technology or method to potential 

3 end-users; and 

4 (D) verify that any technology or method 

5 meets any appropriate criteria developed for ef6 fectiveness and environmental soundness by the 

7 Environmental Protection Agency. 

8 (3) PREFERENCE.—The Administrator of the 

9 Environmental Protection Agency shall give pref10 erence to proposals that will likely meet any appro11 priate criteria developed for environmental sound12 ness by the Environmental Protection Agency. 

13 (4) MERIT REVIEW.—Grants shall be awarded 

14 under this subsection through a competitive, peer-re15 viewed process. 

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

17 date of the enactment of this Act, the Administrator 

18 of the Environmental Protection Agency shall pre19 pare and submit a report to Congress on the pro20 gram conducted under this subsection. The report 

21 shall include findings and recommendations of the 

22 Administrator with regard to technologies and meth23 ods. 

24 (b) SHIP PATHWAY TECHNOLOGY DEMONSTRA25 TION.— 


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1 (1) REAUTHORIZATION OF PROGRAM.—Section 

2 1301(e) of the Nonindigenous Aquatic Nuisance 

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

4 4741(e)) is amended by striking ‘‘$2,500,000’’ and 

5 inserting ‘‘$7,500,000 for each of the fiscal years 

6 2010 through 2014’’. 

7 (2) EXPANSION OF PROGRAM.—Section 1104(b) 

8 of the Nonindigenous Aquatic Nuisance Prevention 

9 and Control Act of 1990 (16 U.S.C. 4714(b)) is 

10 amended— 

11 (A) by redesignating paragraphs (4) and 

12 (5) as paragraphs (5) and (6), respectively; and 

13 (B) by inserting after paragraph (3) the 

14 following new paragraph: 

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

16 of the Interior and the Secretary of Commerce may 

17 also demonstrate and verify technologies under this 

18 subsection to monitor and control pathways of orga19 nism transport on ships other than through ballast 

20 water.’’. 

21 (3) CRITERIA AND WORKSHOP.—Section 1104 

22 of the Nonindigenous Aquatic Nuisance Prevention 

23 and Control Act of 1990 (16 U.S.C. 4714) is 

24 amended by adding at the end the following new 

25 subsections: 


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1 ‘‘(d) CRITERIA.—When issuing grants under this sec2 tion, the National Oceanic and Atmospheric Administra3 tion shall give preference to those technologies that will 

4 likely meet the criteria laid out in any testing protocol de5 veloped by the Environmental Protection Agency Office of 

6 Research and Development’s Environmental Technology 

7 Verification Program. 

8 ‘‘(e) WORKSHOP.—The National Oceanic and Atmos9 pheric Administration shall hold an annual workshop of 

10 principal investigators funded under this section and re11 searchers conducting research directly related to ship 

12 pathway technology development, for information ex13 change, and shall make the proceedings widely available 

14 to the public.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated for each of the fiscal 

17 years 2010 through 2014 $2,500,000 for the Environ18 mental Protection Agency to carry out subsection (a). 

19 SEC. 148. RESEARCH TO SUPPORT THE SETTING AND IM20 PLEMENTATION OF SHIP PATHWAY STAND21 ARDS. 

22 (a) RESEARCH PROGRAM.—The Coast Guard and the 

23 Environmental Protection Agency, in coordination with 

24 the National Oceanic and Atmospheric Administration, 

25 the Task Force, and other appropriate Federal agencies 


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1 and academic researchers, shall develop a coordinated re2 search program to support the promulgation and imple3 mentation of standards to prevent the introduction and 

4 spread of invasive species by ships that shall include— 

5 (1) characterizing physical, chemical, and bio6 logical harbor conditions relevant to ballast dis7 charge into United States waters to inform the de8 sign and implementation of ship vector control tech9 nologies and practices; 

10 (2) developing testing protocols for determining 

11 the effectiveness of vector monitoring and control 

12 technologies and practices; 

13 (3) researching and demonstrating methods for 

14 mitigating the spread of invasive species by coastal 

15 voyages, including exploring the effectiveness of al16 ternative exchange zones in the near coastal areas 

17 and other methods proposed to reduce transfers of 

18 organisms; 

19 (4) verifying the practical effectiveness of any 

20 type approval process to ensure that the process pro21 duces repeatable and accurate assessments of treat22 ment effectiveness; and 

23 (5) evaluating the effectiveness and residual 

24 risk and environmental impacts associated with any 


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1 standard set with respect to the ship pathway 

2 through experimental research. 

3 (b) WORKING GROUP.—Not later than 2 years after 

4 the issuance by the Coast Guard of any standard relating 

5 to the introduction by ships of invasive species, the Coast 

6 Guard shall convene a working group including the Envi7 ronmental Protection Agency, the administering agencies, 

8 and other appropriate Federal and State agencies and aca9 demic researchers, to evaluate the effectiveness of that 

10 standard and accompanying implementation protocols. 

11 The duties of the working group shall, at a minimum, in12 clude— 

13 (1) reviewing the effectiveness of the standard 

14 in reducing the establishment of invasive species in 

15 aquatic ecosystems, taking into consideration the 

16 data collected under section 144; and 

17 (2) developing recommendations to the Coast 

18 Guard for the revision of such standard and type ap19 proval process to ensure effectiveness in reducing in20 troductions and accurate shipboard monitoring of 

21 treatment performance that is simple and stream22 lined, which shall be made widely available to the 

23 public. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of the fiscal 


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1 years 2010 through 2014 $1,500,000 for the Coast Guard 

2 and $1,500,000 for the Environmental Protection Agency 

3 to carry out subsection (a). 

4 SEC. 149. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

5 (a) IN GENERAL.—The National Science Foundation 

6 shall establish a program to award grants to researchers 

7 at institutions of higher education and museums to carry 

8 out research programs in systematics and taxonomy. 

9 (b) GOALS.—The goals of the program under this 

10 section are to— 

11 (1) encourage scientists to pursue careers in 

12 systematics and taxonomy to ensure a continuing 

13 knowledge base in these disciplines; 

14 (2) ensure that there will be adequate expertise 

15 in systematics and taxonomy to support Federal, 

16 State, and local needs to identify species; 

17 (3) develop this expertise throughout the United 

18 States with an emphasis on regional diversity; and 

19 (4) draw on existing expertise in systematics 

20 and taxonomy at institutions of higher education 

21 and museums to train the next generation of system22 atists and taxonomists. 

23 (c) CRITERIA.—Grants shall be awarded under this 

24 section on a merit-reviewed competitive basis. Emphasis 

25 shall be placed on funding proposals in a diverse set of 


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1 ecosystems and geographic locations, and, when applica2 ble, integrated with the United States Long Term Ecologi3 cal Research Network. Preference shall be given to pro4 posals that will include student participation, and to insti5 tutions and museums that actively train students to be6 come experts in taxonomy and systematics. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the National Science 

9 Foundation for carrying out this section $2,500,000 for 

10 each of the fiscal years 2010 through 2014. 

11 SEC. 150. STATE PROGRAMS. 

12 (a) PLAN.—The administering agencies, in coopera13 tion with the appropriate State agencies, shall develop a 

14 plan to— 

15 (1) conduct a survey of methods States and 

16 Federal agencies are using to control or eradicate 

17 aquatic invasive species; 

18 (2) facilitate the exchange of information 

19 among States and Federal agencies on methods 

20 States or Federal agencies have found to be effective 

21 at controlling or eradicating aquatic invasive species 

22 and the costs of those methods; and 

23 (3) evaluate the cost-effectiveness of the various 

24 methods States and Federal agencies are using to 

25 control or eradicate aquatic invasive species. 


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1 (b) REPORT.—Not later than one year after the date 

2 of enactment of this Act, the administering agencies shall 

3 jointly transmit to the Congress the plan described in sub4 section (a) and the expected costs of carrying out the plan. 

5 Subtitle C—Invasive Species 

6 Council 

7 SEC. 161. SHORT TITLE. 

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

9 Species Council Act’’. 

10 SEC. 162. STATEMENT OF POLICY REGARDING FEDERAL 

11 DUTIES. 

12 (a) IN GENERAL.—No Federal agency may author13 ize, fund, or carry out any action that would likely cause 

14 or promote the introduction or spread of an invasive spe15 cies in the United States or any other location, unless the 

16 head of the Federal agency, at his or her sole discretion 

17 and pursuant to guidelines developed under subsection (b), 

18 determines that— 

19 (1) the benefits of the action under consider20 ation clearly outweigh the potential harm to the en21 vironment, economy, or human health caused by the 

22 introduction or spread of the invasive species; and 

23 (2) all feasible and prudent measures to mini24 mize risk of harm to the environment, economy, or 


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1 human health will be taken in carrying out the ac2 tions. 

3 (b) GUIDELINES.—The Council for Environmental 

4 Quality, in conjunction with the Invasive Species Council, 

5 shall develop guidelines for Federal agencies to analyze ac6 tions pursuant to this section. 

7 SEC. 163. NATIONAL INVASIVE SPECIES COUNCIL. 

8 (a) ESTABLISHMENT.—There is established as an 

9 independent entity within the executive branch the Na10 tional Invasive Species Council. The Council shall provide 

11 leadership and coordination among Federal agencies, and 

12 between the Federal Government and State and local gov13 ernments, with respect to effort to minimize the economic, 

14 ecological, and human health impacts that invasive species 

15 cause and reduce the threat of further invasions. 

16 (b) MEMBERSHIP.— 

17 (1) IN GENERAL.—The Council shall consist of 

18 the following members: 

19 (A) The Secretary of the Interior. 

20 (B) The Secretary of Agriculture. 

21 (C) The Secretary of Commerce. 

22 (D) The Secretary of State. 

23 (E) The Secretary of the Treasury. 

24 (F) The Secretary of Defense. 

25 (G) The Secretary of Transportation. 


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1 (H) The Secretary of Health and Human 

2 Services. 

3 (I) The Administrator of the Environ4 mental Protection Agency. 

5 (J) The Administrator of the United 

6 States Agency for International Development. 

7 (K) Such additional members as may be 

8 appointed under paragraph (2). 

9 (2) ADDITIONAL MEMBERS.—With the concur10 rence of a majority of the members of the Council, 

11 the Chair of the Council may appoint additional 

12 members to the Council from among individuals who 

13 are officers or employees of the Federal Government 

14 with significant responsibilities concerning invasive 

15 species. 

16 (c) CHAIR.—The Secretary of the Interior shall serve 

17 as chair of the Council for the 3-year period beginning 

18 on the date of the enactment of this Act. Thereafter, the 

19 chair shall rotate every 3 years among the following mem20 bers, in the order stated: 

21 (1) The Secretary of Agriculture. 

22 (2) The Secretary of Commerce. 

23 (3) The Secretary of the Interior. 

24 (d) MEETINGS.—The Council shall meet at least 

25 semiannually, at the call of the chair. 


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1 (e) EXECUTIVE DIRECTOR.— 

2 (1) APPOINTMENT.—The President shall ap3 point the Executive Director of the Council, by and 

4 with the advice and consent of the Senate. 

5 (2) CONSULTATION.—Before appointing an in6 dividual under paragraph (1), the President shall 

7 consult with the Secretary of the Interior, the Sec8 retary of Agriculture, and the Secretary of Com9 merce. 

10 (3) QUALIFICATIONS.—An individual appointed 

11 under this subsection must have legal or scientific 

12 experience and training in the area of natural re13 sources, ecology, or agriculture, and experience in 

14 dealing with public policy matters regarding aquatic 

15 and terrestrial invasive species. 

16 (4) TERM.—The Executive Director of the 

17 Council shall serve a term of six years, unless re18 moved earlier by the President. 

19 (5) COMPENSATION.—The Executive Director 

20 shall be paid at the maximum rate of basic pay for 

21 GS–15 of the General Schedule. 

22 SEC. 164. DUTIES. 

23 (a) IN GENERAL.—The Council shall ensure that 

24 Federal agency efforts concerning invasive species are co25 ordinated, effective, complementary, and cost-efficient. 


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1 (b) SPECIFIC FUNCTIONS.—To carry out subsection 

2 (a) the Council shall perform the following functions: 

3 (1) Coordinate with existing organizations ad4 dressing invasive species, such as the Aquatic Nui5 sance Species Task Force, the Federal Interagency 

6 Committee for the Management of Noxious and Ex7 otic Weeds, regional panels established under the 

8 Nonindigenous Aquatic Nuisance Prevention and 

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

10 the White House Office of Science and Technology 

11 Policy, to implement the National Management 

12 Plan. 

13 (2) Develop recommendations for international 

14 cooperation between Federal and State Governments 

15 and other nations on tools, policies, and methods to 

16 prevent the introduction and export of invasive spe17 cies into and from, respectively, the United States. 

18 (3) Develop guidelines for Federal agency ef19 forts to ensure that Federal programs concerning 

20 invasive species, including outreach programs, are 

21 coordinated with State, local, and tribal govern22 ments. 

23 (4) Develop, in consultation with the Council on 

24 Environmental Quality, guidance to Federal agencies 

25 pursuant to the National Environmental Policy Act 


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1 of 1969 (42 U.S.C. 4321 et seq.) on prevention, con2 trol, and eradication of invasive species. 

3 (5) Establish and maintain a publicly acces4 sible, coordinated, up-to-date information sharing 

5 system that— 

6 (A) allows the access to and exchange of 

7 information among Federal agencies and the 

8 public; and 

9 (B) utilizes, to the greatest extent prac10 ticable, the Internet. 

11 (6) Ensure that Federal agencies implement the 

12 plans, programs, and policies adopted by the Council 

13 in the National Management Plan through appro14 priate actions, including working in cooperation with 

15 Federal agencies on development of budgets pursu16 ant to the President’s annual budget submission to 

17 the Congress. 

18 (7) Evaluate Federal programs that are likely 

19 to cause or promote the introduction or spread of 

20 invasive species in the United States, and rec21 ommend actions Federal agencies can take to mini22 mize the risk of introductions or further spread of 

23 invasive species. 

24 (8) Develop and submit to the appropriate 

25 Committees of the House of Representatives and 


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1 Senate and the Director of the Office of Manage2 ment and Budget an annual list of priorities, ranked 

3 in high, medium, and low categories, of Federal ef4 forts and programs in the following areas: 

5 (A) Prevention. 

6 (B) Eradication. 

7 (C) Control. 

8 (D) Monitoring. 

9 (E) Research. 

10 (F) Outreach. 

11 SEC. 165. NATIONAL INVASIVE SPECIES MANAGEMENT 

12 PLAN. 

13 (a) DEVELOPMENT.— 

14 (1) IN GENERAL.—The Council shall develop a 

15 National Invasive Species Management Plan that de16 tails and recommends performance-oriented goals 

17 and specific measures of success for carrying out 

18 each of the Federal agency activities related to 

19 invasive species. 

20 (2) DEVELOPMENT PROCESS.—The National 

21 Management Plan shall be developed through a pub22 lic process and in consultation with Federal agen23 cies, appropriate State and local entities, and other 

24 appropriate stakeholders. 


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1 (3) CONTENTS.—The National Management 

2 Plan shall include recommendations of effective, 

3 cost-efficient, environmentally sound, and science4 based approaches for the following: 

5 (A) Prevention of the introduction of 

6 invasive species, including approaches for iden7 tifying pathways by which invasive species are 

8 introduced and for minimizing the risk of intro9 ductions via those pathways. Recommended ap10 proaches under this subparagraph shall provide 

11 for— 

12 (i) a process to evaluate risks associ13 ated with the introduction and spread of 

14 invasive species; and 

15 (ii) a coordinated and systematic risk16 based process to identify, monitor, and 

17 interdict pathways that may be involved in 

18 the introduction of invasive species. 

19 (B) Cooperating with other nations to in20 crease their capacity to control their invasive 

21 species and to prevent the spread of invasive 

22 species across international borders. 

23 (C) Rapidly detecting and responding to 

24 incipient invasions of invasive species. 


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1 (D) Managing new and established popu2 lations of invasive species by eradicating them 

3 or controlling their spread. 

4 (E) Accurately and reliably monitoring new 

5 and established populations of invasive species. 

6 (F) Restoring native species and habitat 

7 conditions in ecosystems that have been invaded 

8 by invasive species. 

9 (G) Evaluating and documenting the im10 pacts of invasive species on the economy, the 

11 environment, and human health. 

12 (H) Conducting research on the matters 

13 referred to in subparagraphs (A) through (F). 

14 (I) Developing technologies to prevent the 

15 introduction and provide for the management of 

16 invasive species. 

17 (J) Promoting public education on invasive 

18 species and the means to address them. 

19 (4) IDENTIFICATION OF NEEDED PERSONNEL, 

20 ETC.—The National Management Plan shall identify 

21 the personnel, other resources, and additional levels 

22 of coordination needed to achieve the goals included 

23 in the plan. 

24 (b) EXISTING PLAN.—The Management Plan of the 

25 National Invasive Species Council adopted in 2001 shall 


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1 be treated as the National Management Plan required 

2 under subsection (a) until the date of the issuance of the 

3 National Management plan in accordance with subsection 

4 (c). 

5 (c) ISSUANCE AND UPDATE OF NATIONAL MANAGE6 MENT PLAN.—The Council shall— 

7 (1) issue the National Management Plan re8 quired under subsection (a) by not later than De9 cember 31, 2010; 

10 (2) update the National Management Plan by 

11 not later than December 31 biennially; and 

12 (3) concurrently with the process of updating 

13 the National Management Plan, evaluate and report 

14 to the Congress on success in achieving the goals set 

15 forth in the National Management Plan. 

16 (d) AGENCY REPORTS.—Within 18 months after the 

17 date of the issuance of any edition of the National Man18 agement Plan that recommends action by a Federal agen19 cy, the head of such agency shall report to the Congress 

20 any of such actions that the agency has not taken, with 

21 an explanation of why the action is not feasible. 

22 SEC. 166. INVASIVE SPECIES ADVISORY COMMITTEE. 

23 (a) IN GENERAL.—The Council shall have an advi24 sory committee to provide information and advice for con25 sideration by the Council, which shall be known as the 


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1 Invasive Species Advisory Committee. Except as otherwise 

2 provided in this section, the advisory committee shall be 

3 organized, perform the functions, and have the authorities 

4 specified in the charter for such advisory committee signed 

5 by the Secretary of the Interior on October 30, 2001. 

6 (b) APPOINTMENT.—Members of the advisory com7 mittee shall be appointed by the chair of the Council, after 

8 consultation with the other members of the Council, from 

9 among individuals representing stakeholders with respect 

10 to Federal programs for minimizing the economic, ecologi11 cal, and human health impacts that invasive species cause. 

12 (c) FUNCTIONS.—In addition to the functions speci13 fied in the charter referred to in subsection (a), the advi14 sory committee shall recommend to the Council plans and 

15 actions at local, tribal, State, regional, and ecosystem16 based levels to achieve the goals of the National Manage17 ment Plan required under 165. 

18 (d) CONTINUING OPERATION OF EXISTING COM19 MITTEE.—Any advisory committee appointed before the 

20 date of the enactment of this Act pursuant to the charter 

21 referred to in subsection (a) may continue in effect under 

22 this section. 

23 SEC. 167. BUDGET CROSSCUT. 

24 The Director of the Office of Management and Budg25 et shall prepare and submit to the Congress and the CounVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 cil, by not later than March 31, 2010, and of each year 

2 thereafter, a budget analysis and summary of all Federal 

3 programs relating to invasive species. 

4 SEC. 168. DEFINITIONS. 

5 In this Act: 

6 (1) COUNCIL.—The term ‘‘Council’’ means the 

7 National Invasive Species Council established by sec8 tion 163(a). 

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

10 species’’ means a species— 

11 (A) that is nonnative to the ecosystem 

12 under consideration; and 

13 (B) the introduction of which causes or 

14 may cause harm to the economy, the environ15 ment, or human health. 

16 (3) NATIONAL MANAGEMENT PLAN.—The term 

17 ‘‘National Management Plan’’ means the National 

18 Invasive Species Management Plan developed by the 

19 Council under section 165(a). 

20 (4) SPECIES.—The term ‘‘species’’ means a cat21 egory of taxonomic classification ranking below a 

22 genus or subgenus and consisting of related orga23 nisms capable of interbreeding. 


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1 SEC. 169. EXISTING EXECUTIVE ORDER. 

2 Executive Order 13112, dated February 3, 1999, 

3 shall have no force or effect. 

4 SEC. 170. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to carry out 

6 this Act $2,000,000 for each of fiscal years 2010 through 

7 2014. 

8 TITLE II—COASTAL HEALTH 

9 SEC. 201. TECHNICAL ASSISTANCE. 

10 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

11 TREATMENT WORKS.—Section 104(b) of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1254(b)) is 

13 amended— 

14 (1) by redesignating paragraphs (1) through 

15 (7) as subparagraphs (A) through (G), respectively, 

16 and indenting the subparagraphs appropriately; 

17 (2) by striking ‘‘(b) In carrying out’’ and in18 serting the following: 

19 ‘‘(b) AUTHORIZED ACTIVITIES.— 

20 ‘‘(1) IN GENERAL.—In carrying out’’; 

21 (3) in paragraph (1) (as designated by para22 graph (2))— 

23 (A) by striking ‘‘paragraph (1) of sub24 section (a)’’ each place it appears and inserting 

25 ‘‘subsection (a)(1)’’; 


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1 (B) in subparagraph (C) (as redesignated 

2 by paragraph (1)), by striking ‘‘of this section’’; 

3 (C) in subparagraph (F) (as redesignated 

4 by paragraph (1)), by striking ‘‘thereof; and’’ 

5 and inserting ‘‘of the effects;’’; 

6 (D) in subparagraph (G) (as redesignated 

7 by paragraph (1)), by striking the period at the 

8 end and inserting ‘‘; and’’; and 

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

10 ‘‘(H) make grants to nonprofit organiza11 tions— 

12 ‘‘(i) to provide technical assistance to 

13 rural and small municipalities for the pur14 pose of assisting, in consultation with the 

15 State in which the assistance is provided, 

16 the municipalities in the planning, develop17 ment, and acquisition of financing for 

18 wastewater infrastructure assistance; 

19 ‘‘(ii) to capitalize revolving loan funds 

20 for the purpose of providing loans, in con21 sultation with the State in which the as22 sistance is provided and in accordance with 

23 paragraph (2), to rural and small munici24 palities for— 


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1 ‘‘(I) predevelopment costs associ2 ated with wastewater infrastructure 

3 projects; and 

4 ‘‘(II) short-term costs incurred 

5 for the replacement of equipment that 

6 is not part of a regular operation or 

7 maintenance activity for an existing 

8 wastewater system; 

9 ‘‘(iii) to provide technical assistance 

10 and training for rural and small publicly 

11 owned treatment works and decentralized 

12 wastewater treatment systems to enable 

13 the treatment works and systems to— 

14 ‘‘(I) protect water quality; and 

15 ‘‘(II) achieve and maintain com16 pliance with the requirements of this 

17 Act; and 

18 ‘‘(iv) to disseminate information to 

19 rural and small municipalities and munici20 palities that meet the affordability criteria 

21 established by the State in which the mu22 nicipality is located under section 603(i)(2) 

23 with respect to planning, design, construc24 tion, and operation of publicly owned treatVerDate Nov 24 2008 22:17 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 ment works and decentralized wastewater 

2 treatment systems.’’; and 

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

4 ‘‘(2) LOAN CONDITIONS.— 

5 ‘‘(A) IN GENERAL.—A loan provided under 

6 paragraph (1)(H)(ii) shall— 

7 ‘‘(i) be provided at a below-market in8 terest rate; 

9 ‘‘(ii) be provided in an amount not to 

10 exceed $100,000; and 

11 ‘‘(iii) extend for a term of not more 

12 than 10 years. 

13 ‘‘(B) REPAYMENT.—Repayment of a loan 

14 provided under paragraph (1)(H)(ii) shall be 

15 credited to the water pollution control revolving 

16 loan fund of the appropriate State under sec17 tion 603.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 104(u) of the Federal Water Pollution Control Act (33 

20 U.S.C. 1254(u)) is amended— 

21 (1) by striking ‘‘(u) There is authorized to be 

22 appropriated (1) not’’ and inserting the following: 

23 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated— 

25 ‘‘(1) not’’; 


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1 (2) in paragraph (1), by striking ‘‘provisions; 

2 (2) not’’ and inserting the following: ‘‘provisions; 

3 ‘‘(2) not’’; 

4 (3) in paragraph (2), by striking ‘‘subsection 

5 (g)(1); (3) not’’ and inserting the following: ‘‘sub6 section (g)(1); 

7 ‘‘(3) not’’; 

8 (4) in paragraph (3), by striking ‘‘subsection 

9 (g)(2); (4) not’’ and inserting the following: ‘‘sub10 section (g)(2); 

11 ‘‘(4) not’’; 

12 (5) in paragraph (4), by striking ‘‘subsection 

13 (p); (5) not’’ and inserting the following: ‘‘subsection 

14 (p); 

15 ‘‘(5) not’’; 

16 (6) in paragraph (5), by striking ‘‘subsection 

17 (r); and (6) not’’ and inserting the following: ‘‘sub18 section (r); 

19 ‘‘(6) not’’; 

20 (7) in paragraph (6), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(7) for each of fiscal years 2010 through 

24 2014, not more than $75,000,000 to carry out subVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 paragraphs (C) and (H) of subsection (b)(1), of 

2 which, during any fiscal year— 

3 ‘‘(A) not less than 20 percent shall be used 

4 to carry out subsection (b)(1)(H); and 

‘‘(B) not more than 1 5 ⁄3 of the amount used 

6 under subparagraph (A) shall be used to carry 

7 out subsection (b)(1)(H)(ii).’’. 

8 (c) COMPETITIVE PROCEDURES FOR AWARDING

9 GRANTS.—Section 104 of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1254) is amended by adding at 

11 the end the following: 

12 ‘‘(w) COMPETITIVE PROCEDURES FOR AWARDING

13 GRANTS.—The Administrator shall establish procedures 

14 that promote competition and openness, to the maximum 

15 extent practicable, in the award of grants to nonprofit pri16 vate agencies, institutions, and organizations under this 

17 section.’’. 

18 SEC. 202. SEWER OVERFLOW CONTROL GRANTS. 

19 Section 221 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1301) is amended by striking subsection 

21 (c) and inserting the following: 

22 ‘‘(c) DEFINITION OF FINANCIALLY DISTRESSED

23 COMMUNITY.—A financially distressed community re24 ferred to in subsection (b) is a community that meets the 


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1 affordability criteria established by the State in which the 

2 community is located under section 603(i)(2).’’. 

3 SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN 

4 FUNDS. 

5 (a) EXTENDED PAYMENT PERIOD.—Section 

6 603(d)(1) of the Federal Water Pollution Control Act (33 

7 U.S.C. 1383(d)(1)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘20 

9 years;’’ and inserting the following: ‘‘the lesser of— 

10 ‘‘(i) the design life of the project to be 

11 financed using the proceeds of the loan; or 

12 ‘‘(ii) 30 years;’’; and 

13 (2) in subparagraph (B), by striking ‘‘not later 

14 than 20 years after project completion’’ and insert15 ing ‘‘on the expiration of the term of the loan’’. 

16 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

17 SMALL SYSTEMS.—Section 603(d) of the Federal Water 

18 Pollution Control Act (33 U.S.C. 1383(d)) is amended— 

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

20 end; 

21 (2) in paragraph (7), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

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

24 ‘‘(8) with respect to municipalities and inter25 municipal, interstate, and State agencies seeking asVerDate Nov 24 2008 02:47 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H500.IH H500

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1 sistance under this title that serve a population of 

2 20,000 or fewer, to provide to owners and operators 

3 of small treatment works, in an amount not to ex4 ceed 2 percent of the amount of total grant awards 

5 made under this title— 

6 ‘‘(A) technical and planning assistance; 

7 and 

8 ‘‘(B) assistance relating to— 

9 ‘‘(i) financial management; 

10 ‘‘(ii) user fee analysis; 

11 ‘‘(iii) budgeting; 

12 ‘‘(iv) capital improvement planning; 

13 ‘‘(v) facility operation and mainte14 nance; 

15 ‘‘(vi) repair schedules; and 

16 ‘‘(vii) other activities to improve 

17 wastewater treatment plant management 

18 and operations.’’. 

19 (c) ADDITIONAL SUBSIDIZATION.—Section 603 of the 

20 Federal Water Pollution Control Act (33 U.S.C. 1383) is 

21 amended by adding at the end the following: 

22 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

23 ‘‘(1) IN GENERAL.—In any case in which a 

24 State provides assistance to a municipality or an 

25 intermunicipal, interstate, or State agency under 


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1 subsection (d), the State may provide additional sub2 sidization, including forgiveness of principal and 

3 negative interest loans— 

4 ‘‘(A) to benefit a municipality that— 

5 ‘‘(i) meets the affordability criteria of 

6 the State established under paragraph (2); 

7 or 

8 ‘‘(ii) does not meet the criteria estab9 lished under paragraph (2), if the munici10 pality— 

11 ‘‘(I) seeks additional subsidiza12 tion to benefit individual ratepayers in 

13 the residential user rate class; 

14 ‘‘(II) demonstrates to the State 

15 that the ratepayers described in sub16 clause (I) will experience a significant 

17 hardship on the increase in rates re18 quired to finance the project or activ19 ity for which the assistance is sought; 

20 and 

21 ‘‘(III) ensures, as part of an 

22 agreement between the State and the 

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1 payers through a user charge rate sys2 tem (or another appropriate method); 

3 and 

4 ‘‘(B) to implement alternative processes, 

5 materials, and techniques (including non6 structural protection of surface waters, new or 

7 improved methods of waste treatment, and pol8 lutant trading) that may result in cost savings 

9 or increased environmental benefit when com10 pared to standard processes, materials, and 

11 techniques. 

12 ‘‘(2) AFFORDABILITY CRITERIA.— 

13 ‘‘(A) ESTABLISHMENT.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 September 30, 2009, after providing notice 

16 and an opportunity for public comment, a 

17 State shall establish affordability criteria 

18 to assist the State in identifying munici19 palities that would experience a significant 

20 hardship on the increase in rates required 

21 to finance a project or activity that is eligi22 ble for assistance under subsection (c)(1) if 

23 additional subsidization under paragraph 

24 (1) is not provided. 


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1 ‘‘(ii) FACTORS FOR CONSIDER2 ATION.—In establishing criteria under 

3 clause (i), a State shall take into consider4 ation— 

5 ‘‘(I) income data; 

6 ‘‘(II) population trends; and 

7 ‘‘(III) any other data the State 

8 determines to be relevant. 

9 ‘‘(B) EXISTING CRITERIA.—If a State has 

10 established, after providing notice and an op11 portunity for public comment, criteria in ac12 cordance with subparagraph (A) before the date 

13 of enactment of this subsection, the criteria 

14 shall be considered to be affordability criteria 

15 established under that subparagraph. 

16 ‘‘(C) INFORMATION TO ASSIST STATES.— 

17 The Administrator may publish information to 

18 assist States in establishing affordability cri19 teria under subparagraph (A). 

20 ‘‘(3) PRIORITY.—In providing assistance under 

21 this subsection, a State may give priority to any 

22 owner or operator of a project or activity that— 

23 ‘‘(A) is eligible to receive funding under 

24 subsection (c)(1); and 


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1 ‘‘(B) is located in a municipality that 

2 meets the affordability criteria established 

3 under paragraph (2). 

4 ‘‘(4) SET-ASIDE.— 

5 ‘‘(A) IN GENERAL.—For any fiscal year 

6 during which more than $1,400,000,000 is 

7 made available to the Administrator to carry 

8 out this title, a State shall provide additional 

9 subsidization under this subsection in the 

10 amount described in subparagraph (B) to enti11 ties described in paragraph (1) for projects and 

12 activities identified in the intended use plan of 

13 the State under section 606(c) on receipt of an 

14 application for additional subsidization. 

15 ‘‘(B) AMOUNT.—The amount referred to in 

16 subparagraph (A) is an amount not less than 

17 25 percent of the difference between— 

18 ‘‘(i) the total amount that would have 

19 been allotted to the State under section 

20 604 during the appropriate fiscal year, if 

21 the amount made available to the Adminis22 trator to carry out this title during that 

23 fiscal year was equal to $1,400,000,000; 

24 and 


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1 ‘‘(ii) the total amount allotted to the 

2 State under section 604 for that fiscal 

3 year. 

4 ‘‘(5) LIMITATION.—The total amount of addi5 tional subsidization provided by a State under this 

6 subsection shall not exceed 30 percent of the total 

7 amount of capitalization grants received by the State 

8 under this title for fiscal years beginning after Sep9 tember 30, 2009.’’. 

10 SEC. 204. ALLOTMENT OF FUNDS. 

11 (a) IN GENERAL.—Section 604 of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1384) is amended by 

13 striking subsection (a) and inserting the following: 

14 ‘‘(a) ALLOTMENTS.— 

15 ‘‘(1) FISCAL YEARS 2010 AND 2011.—Amounts 

16 made available to carry out this title for fiscal years 

17 2000 and 2010 shall be allotted by the Adminis18 trator in accordance with the formula used to cal19 culate allotments for fiscal year 2009. 

20 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

21 Amounts made available to carry out this title for 

22 fiscal year 2012 and each fiscal year thereafter shall 

23 be allotted by the Administrator during each fiscal 

24 year— 


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1 ‘‘(A) for amounts up to $1,350,000,000, in 

2 accordance with the formula used to calculate 

3 allotments for fiscal year 2009; and 

4 ‘‘(B) for any amount in excess of 

5 $1,350,000,000, in accordance with the formula 

6 developed by the Administrator under sub7 section (d).’’. 

8 (b) PLANNING ASSISTANCE.—Section 604(b) of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 

10 is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per11 cent’’. 

12 (c) FORMULA.—Section 604 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1384) is amended by 

14 adding at the end the following: 

15 ‘‘(d) FORMULA BASED ON WATER QUALITY

16 NEEDS.—Not later than September 30, 2009, after pro17 viding notice and an opportunity for public comment, the 

18 Administrator shall publish an allotment formula for pur19 poses of subsection (a)(2)(B) based on water quality 

20 needs, to be determined by the Administrator in accord21 ance with the most recent survey of needs developed by 

22 the Administrator under section 516.’’. 

23 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 607 of the Federal Water Pollution Control 

25 Act (33 U.S.C. 1387) is amended to read as follows: 


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1 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this title— 

4 ‘‘(1) $2,000,000,000 for fiscal year 2010; 

5 ‘‘(2) $3,000,000,000 for fiscal year 2011; 

6 ‘‘(3) $4,000,000,000 for fiscal year 2012; 

7 ‘‘(4) $5,000,000,000 for fiscal year 2013; and 

8 ‘‘(5) $6,000,000,000 for fiscal year 2014.’’. 

9 TITLE III—AREAS OF CONCERN 

10 SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN 

11 AREAS OF CONCERN. 

12 Section 118(c)(12)(H) of the Federal Water Pollu13 tion Control Act (33 U.S.C. 1268(c)(12)(H)) is amended 

14 by striking clause (i) and inserting the following: 

15 ‘‘(i) IN GENERAL.—In addition to 

16 other amounts authorized to be appro17 priated to carry out this section, there is 

18 authorized to be appropriated to carry out 

19 this paragraph $150,000,000 for each of 

20 fiscal years 2010 through 2014.’’. 

21 TITLE IV—CLEAN WATER 

22 AUTHORITY 

23 SEC. 401. DEFINITION OF WATERS OF THE UNITED STATES. 

24 Section 502 of the Federal Water Pollution Control 

25 Act (33 U.S.C. 1362) is amended— 

26 (1) by striking paragraph (7); 


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1 (2) by redesignating paragraphs (8) through 

2 (23) as paragraphs (7) through (22), respectively; 

3 and 

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

5 ‘‘(23) WATERS OF THE UNITED STATES.—The 

6 term ‘waters of the United States’ means all waters 

7 subject to the ebb and flow of the tide, the territorial 

8 seas, and all interstate and intrastate waters and 

9 their tributaries, including lakes, rivers, streams (in10 cluding intermittent streams), mudflats, sandflats, 

11 wetlands, sloughs, prairie potholes, wet meadows, 

12 playa lakes, natural ponds, and all impoundments of 

13 the foregoing, to the fullest extent that these waters, 

14 or activities affecting these waters, are subject to the 

15 legislative power of Congress under the Constitu16 tion.’’. 

17 SEC. 402. CONFORMING AMENDMENTS. 

18 The Federal Water Pollution Control Act (33 U.S.C. 

19 1251 et seq.) is amended— 

20 (1) by striking ‘‘navigable waters of the United 

21 States’’ each place it appears and inserting ‘‘waters 

22 of the United States’’; 

23 (2) in section 304(l)(1) by striking ‘‘NAVIGABLE

24 WATERS’’ in the heading and inserting ‘‘WATERS OF

25 THE UNITED STATES’’; and 


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1 (3) by striking ‘‘navigable waters’’ each place it 

2 appears and inserting ‘‘waters of the United 

3 States’’. 

4 TITLE V—TOXIC SUBSTANCES 

5 SEC. 501. MERCURY REDUCTION GRANTS. 

6 Section 118(c) of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

8 end the following: 

9 ‘‘(14) MERCURY REDUCTION GRANTS.— 

10 ‘‘(A) IN GENERAL.—The Program Office 

11 shall provide grants to Great Lakes States and 

12 Indian tribes in Great Lakes States to carry 

13 out projects to reduce the quantity of mercury 

14 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 2010 through 2014.’’. 


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1 TITLE VI—INDICATORS AND 

2 INFORMATION 

3 Subtitle A—Research Program 

4 SEC. 601. RESEARCH REAUTHORIZATIONS. 

5 Section 118 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1268) is amended by— 

7 (1) in subsection (d) by striking paragraph (2) 

8 and redesignating paragraphs (3) through (7) as 

9 paragraphs (2) through (6), respectively. 

10 (2) by striking subsection (e) and inserting the 

11 following: 

12 ‘‘(e) RESEARCH AND MANAGEMENT COORDINA13 TION.— 

14 ‘‘(1) JOINT PLAN.— 

15 ‘‘(A) IN GENERAL.—Not later than Sep16 tember 30 of each year, the Program Office, 

17 the Research Office, and the Great Lakes 

18 Science Center shall prepare and submit to the 

19 Executive Committee of the Regional Collabora20 tion a joint research plan for the fiscal year 

21 that begins in the following calendar year. 

22 ‘‘(B) COLLABORATION.—The Program Of23 fice, the Research Office, and the Great Lakes 

24 Science Center shall consult with other appro25 priate Federal agencies, academic institutions, 


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1 State agencies, and other groups conducting 

2 Great Lakes research and monitoring when pre3 paring its joint research plan. 

4 ‘‘(C) SUBMISSION TO CONGRESS.—The 

5 President shall include the plan described in 

6 subparagraph (A) in the annual budget of the 

7 United States Government submitted to Con8 gress by the President. 

9 ‘‘(2) CONTENTS OF PLAN.—Each plan prepared 

10 under paragraph (1) shall— 

11 ‘‘(A) identify all proposed research dedi12 cated to activities carried out under the Great 

13 Lakes Water Quality Agreement and any other 

14 applicable agreements and amendments; 

15 ‘‘(B) include the assessment of the Re16 gional Collaboration of priorities for research 

17 needed to fulfill the terms of those agreements; 

18 and 

19 ‘‘(C) identify all proposed research that 

20 may be used to develop a comprehensive envi21 ronmental database for the Great Lakes System 

22 and establish priorities for development of the 

23 database.’’. 


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1 SEC. 602. GREAT LAKES ENVIRONMENTAL RESEARCH LAB2 ORATORY. 

3 Section 118 of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1268) is amended— 

5 (1) in subsection (d)(6) by striking ‘‘priority 

6 issues’’ and all that follows and inserting ‘‘are con7 sistent with the joint research plan’’; and 

8 (2) by striking subsection (h) and inserting the 

9 following: 

10 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section 

12 $55,000,000 for each of fiscal years 2010 through 2014, 

13 of which, for each fiscal year— 

14 ‘‘(1) $40,000,000 shall be made available to the 

15 program Office; and 

16 ‘‘(2) $15,000,000 shall be made available to the 

17 Great Lakes Environmental Research Laboratory.’’. 

18 SEC. 603. GREAT LAKES SCIENCE CENTER. 

19 There is authorized to be appropriated to the Direc20 tor of the United States Geological Survey, for use by the 

21 Great Lakes Science Center, to carry out research activi22 ties that advance scientific knowledge and provide sci23 entific information for restoring, enhancing, managing, 

24 and protecting the living marine resources and habitats 

25 in the Great Lakes basin ecosystem $25,000,000 for each 

26 of fiscal years 2010 through 2014. 


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1 SEC. 604. CENTER FOR SPONSORED COASTAL OCEAN RE2 SEARCH. 

3 There is authorized to be appropriated to the Direc4 tor of the National Oceanic and Atmospheric Administra5 tion’s Center for Sponsored Coastal Ocean Research, for 

6 use by the Center, to carry out a program to award grants 

7 to academic institutions, State agencies, and other appro8 priate groups to carry out activities consistent with the 

9 Joint Research Plan developed under subsection (e) of sec10 tion 1268 of title 33, United States Code, that advances 

11 scientific knowledge and provides scientific information for 

12 restoring, enhancing, managing, and protecting the living 

13 marine resources and habitats in the Great Lakes basin 

14 ecosystem $25,000,000 for each of fiscal years 2010 

15 through 2014. 

16 Subtitle B—Ocean and Coastal 

17 Observation System 

18 SEC. 611. DEFINITIONS. 

19 In this Act: 

20 (1) COUNCIL.—The term ‘‘Council’’ means the 

21 National Ocean Research Leadership Council. 

22 (2) GREAT LAKE.—The term ‘‘Great Lake’’ 

23 means— 

24 (A) Lake Erie; 

25 (B) Lake Huron (including Lake Saint 

26 Clair); 


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1 (C) Lake Michigan; 

2 (D) Lake Ontario; 

3 (E) Lake Superior; and 

4 (F) the connecting channels of those 

5 Lakes, including— 

6 (i) the Saint Mary’s River; 

7 (ii) the Saint Clair River; 

8 (iii) the Detroit River; 

9 (iv) the Niagara River; and 

10 (v) the Saint Lawrence River to the 

11 Canadian border. 

12 (3) OBSERVING SYSTEM.—The term ‘‘observing 

13 system’’ means the integrated coastal, ocean, and 

14 Great Lakes observing system to be established by 

15 the Committee under section 612(a). 

16 (4) INTERAGENCY PROGRAM OFFICE.—The 

17 term ‘‘interagency program office’’ means the office 

18 established under section 612(d). 

19 SEC. 612. INTEGRATED OCEAN AND COASTAL OBSERVING 

20 SYSTEM. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—The President, acting 

23 through the Council, shall establish and maintain an 

24 integrated system of ocean and coastal observations, 

25 data communication and management, analysis, 


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1 modeling, research, education, and outreach de2 signed to provide data and information for the time3 ly detection and prediction of changes occurring in 

4 the ocean, coastal, and Great Lakes environment 

5 that impact the social, economic, and ecological sys6 tems of the United States. 

7 (2) PURPOSES.—The observing system shall 

8 provide for long-term, continuous, and quality-con9 trolled observations of the coasts, oceans, and Great 

10 Lakes so as to— 

11 (A) improve the health of the coasts, 

12 oceans, and Great Lakes of the United States; 

13 (B) protect human lives and livelihoods 

14 from hazards, including tsunamis, hurricanes, 

15 coastal erosion, and fluctuating Great Lakes 

16 water levels; 

17 (C) understand the effects of human activi18 ties and natural variability on the state of the 

19 coasts, oceans, and Great Lakes and the socio20 economic well-being of the United States; 

21 (D) provide for the sustainable use, protec22 tion, and enjoyment of ocean, coastal, and 

23 Great Lakes resources; 


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1 (E) provide information that can support 

2 the eventual implementation and refinement of 

3 ecosystem-based management; 

4 (F) supply critical information to marine5 related businesses, including aquaculture and 

6 fisheries; and 

7 (G) support research and development to— 

8 (i) ensure continuous improvement to 

9 ocean, coastal, and Great Lakes observa10 tion measurements; and 

11 (ii) enhance understanding of the 

12 ocean, coastal, and Great Lakes resources 

13 of the United States. 

14 (b) SYSTEM ELEMENTS.—To carry out the purposes 

15 of this subtitle, the observing system shall consist of— 

16 (1) a national program to fulfill national obser17 vation priorities, including the ocean contribution of 

18 the United States to the Global Earth Observation 

19 System of Systems and the Global Ocean Observing 

20 System; 

21 (2) a network of regional associations to man22 age the regional ocean and coastal observing and in23 formation programs that collect, measure, and dis24 seminate data and information products to meet re25 gional needs; 


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1 (3) a data management and dissemination sys2 tem for the timely integration and dissemination of 

3 data and information products from the national 

4 and regional systems; 

5 (4) a research and development program con6 ducted under the guidance of the Council; and 

7 (5) an outreach, education, and training pro8 gram that augments existing programs, including 

9 the National Sea Grant College Program, the Cen10 ters for Ocean Sciences Education Excellence pro11 gram, and the National Estuarine Research Reserve 

12 System, to ensure the use of the data and informa13 tion for— 

14 (A) improving public education and aware15 ness of the oceans of the United States; and 

16 (B) building the technical expertise re17 quired to operate and improve the observing 

18 system. 

19 (c) COUNCIL FUNCTIONS.—In carrying out this sec20 tion, the Council shall— 

21 (1) serve as the oversight body for the design 

22 and implementation of all aspects of the observing 

23 system; 

24 (2) adopt plans, budgets, and standards that 

25 are developed and maintained by the interagency 


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1 program office in consultation with the regional as2 sociations; 

3 (3) coordinate the observing system with other 

4 earth observing activities, including the Global 

5 Ocean Observing System and the Global Earth Ob6 serving System of Systems; 

7 (4) coordinate and administer programs of re8 search, development, education, and outreach to— 

9 (A) support improvements to, and the op10 eration of, an integrated ocean and coastal ob11 serving system; and 

12 (B) advance the understanding of the 

13 oceans; 

14 (5) establish pilot projects to develop technology 

15 and methods for advancing the development of the 

16 observing system; 

17 (6) provide, as appropriate, support for and 

18 representation on United States delegations to inter19 national meetings on ocean and coastal observing 

20 programs; and 

21 (7) in consultation with the Secretary of State, 

22 coordinate relevant Federal activities with those of 

23 other nations. 

24 (d) INTERAGENCY PROGRAM OFFICE.— 


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1 (1) IN GENERAL.—The Council shall establish 

2 an interagency program office to be known as ‘‘Oce3 anUS’’. 

4 (2) RESPONSIBILITIES.—The interagency pro5 gram office shall be responsible for program plan6 ning and coordination of the observing system. 

7 (3) REQUIREMENTS.—The interagency program 

8 office shall— 

9 (A) prepare annual and long-term plans 

10 for consideration by the Council for the design 

11 and implementation of the observing system 

12 that promote collaboration among Federal 

13 agencies and regional associations in developing 

14 the global and national observing systems, in15 cluding identification and refinement of a core 

16 set of variables to be measured by all systems; 

17 (B) coordinate the development of agency 

18 priorities and budgets for implementation of the 

19 observing system, including budgets for the re20 gional associations; 

21 (C) establish and refine standards and pro22 tocols for data management and communica23 tions, including quality standards, in consulta24 tion with participating Federal agencies and re25 gional associations; 


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1 (D) develop a process for the certification 

2 and periodic review and recertification of the re3 gional associations; 

4 (E) establish an external technical com5 mittee to provide biennial review of the observ6 ing system; and 

7 (F) provide for opportunities to partner or 

8 contract with private sector companies in de9 ploying ocean observation system elements. 

10 (e) LEAD FEDERAL AGENCY.— 

11 (1) IN GENERAL.—The National Oceanic and 

12 Atmospheric Administration shall be the lead Fed13 eral agency for implementation and operation of the 

14 observing system. 

15 (2) REQUIREMENTS.—Based on the plans pre16 pared by the interagency program office and adopted 

17 by the Council, the Administrator of the National 

18 Oceanic and Atmospheric Administration shall— 

19 (A) coordinate implementation, operation, 

20 and improvement of the observing system; 

21 (B) establish efficient and effective admin22 istrative procedures for allocation of funds 

23 among Federal agencies and regional associa24 tions in a timely manner and according to the 

25 budget adopted by the Council; 


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1 (C) implement and maintain appropriate 

2 elements of the observing system; 

3 (D) provide for the migration of scientific 

4 and technological advances from research and 

5 development to operational deployment; 

6 (E) integrate and extend existing programs 

7 and pilot projects into the operational observa8 tion system; 

9 (F) certify regional associations that meet 

10 the requirements of subsection (f); and 

11 (G) integrate the capabilities of the Na12 tional Coastal Data Development Center and 

13 the Coastal Services Center of the National 

14 Oceanic and Atmospheric Administration, and 

15 other appropriate centers, into the observing 

16 system to assimilate, manage, disseminate, and 

17 archive data from regional observation systems 

18 and other observation systems. 

19 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST20 AL OBSERVING SYSTEMS.— 

21 (1) IN GENERAL.—The Administrator of the 

22 National Oceanic and Atmospheric Administration 

23 may certify 1 or more regional associations to be re24 sponsible for the development and operation of re25 gional ocean and coastal observing systems to meet 


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1 the information needs of user groups in the region 

2 while adhering to national standards. 

3 (2) REQUIREMENTS.—To be certifiable by the 

4 Administrator, a regional association shall— 

5 (A) demonstrate an organizational struc6 ture capable of supporting and integrating all 

7 aspects of ocean and coastal observing and in8 formation programs within a region; 

9 (B) operate under a strategic operations 

10 and business plan that details the operation and 

11 support of regional ocean and coastal observing 

12 systems in accordance with the standards estab13 lished by the Council; 

14 (C) provide information products for mul15 tiple users in the region; 

16 (D) work with governmental entities and 

17 programs at all levels within the region to pro18 vide timely warnings and outreach to protect 

19 the public; and 

20 (E) meet certification standards developed 

21 by the interagency program office in conjunc22 tion with the regional associations and approved 

23 by the Council. 

24 (g) PROHIBITION ON LOBBYING.—Nothing in this 

25 Act authorizes a regional association to engage in lobbying 


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1 activities (as defined in section 3 of the Lobbying Disclo2 sure Act of 1995 (2 U.S.C. 1602)). 

3 (h) CIVIL LIABILITY.—For purposes of section 

4 1346(b)(1) and chapter 171 of title 28, United States 

5 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

6 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

7 et seq.)— 

8 (1) any regional ocean and coastal observing 

9 system that is a designated part of a regional asso10 ciation certified under this section shall, in carrying 

11 out the purposes of this Act, be considered to be 

12 part of the National Oceanic and Atmospheric Ad13 ministration; and 

14 (2) any employee of that system, while acting 

15 within the scope of the employment of the employee, 

16 carrying out those purposes, shall be considered to 

17 be an employee of the Government. 

18 SEC. 613. RESEARCH, DEVELOPMENT, AND EDUCATION. 

19 The Council shall establish programs for research, 

20 development, education, and outreach for the ocean and 

21 coastal observing system, including projects under the Na22 tional Oceanographic Partnership Program, consisting 

23 of— 

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1 provement of operational products, including related 

2 infrastructure and observing technology; 

3 (2) focused research projects to improve under4 standing of the relationship between the coasts and 

5 oceans and human activities; 

6 (3) large-scale computing resources and re7 search to advance modeling of ocean and coastal 

8 processes; and 

9 (4) a coordinated effort to build public edu10 cation and awareness of the ocean and coastal envi11 ronment and functions that integrates ongoing ac12 tivities, including the National Sea Grant College 

13 Program, the Centers for Ocean Sciences Education 

14 Excellence, and the National Estuarine Research 

15 Reserve System. 

16 SEC. 614. INTERAGENCY FINANCING. 

17 (a) IN GENERAL.—The departments and agencies 

18 represented on the Council may participate in interagency 

19 financing and share, transfer, receive, obligate, and ex20 pend funds appropriated to any member of the Council 

21 to carry out any administrative or programmatic project 

22 or activity under this Act or under the National Oceano23 graphic Partnership Program, including support for the 

24 interagency program office, a common infrastructure, and 


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1 system integration for a ocean and coastal observing sys2 tem. 

3 (b) TRANSFER OF FUNDS.—Funds may be trans4 ferred among the departments and agencies described in 

5 subsection (a) through an appropriate instrument that 

6 specifies the goods, services, or space being acquired from 

7 another Council member and the costs of the same. 

8 SEC. 615. APPLICATION WITH OUTER CONTINENTAL SHELF 

9 LANDS ACT. 

10 Nothing in this title supersedes or limits the author11 ity of the Secretary of the Interior under the Outer Conti12 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

13 SEC. 616. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to the National Oceanic and Atmospheric Adminis16 tration to carry out the observing system under section 

17 612 and the research and development program under sec18 tion 613 (including financial assistance to the interagency 

19 program office, the regional associations for the implemen20 tation of regional ocean and coastal observing systems, 

21 and the departments and agencies represented on the 

22 Council) $150,000,000 for each of fiscal years 2010 

23 through 2014, to remain available until expended. 

24 (b) ALLOCATION OF FUNDS.—At least 50 percent of 

25 the funds appropriated to carry out the observing system 


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1 under section 612 shall be allocated to the regional asso2 ciations certified under section 612(f) to carry out regional 

3 ocean and coastal observing systems. 

4 SEC. 617. REPORTING REQUIREMENT. 

5 (a) IN GENERAL.—Not later than March 31, 2012, 

6 the President, acting through the Council, shall submit to 

7 Congress a report on the programs established under sec8 tions 612 and 613. 

9 (b) REQUIREMENTS.—The report shall include— 

10 (1) a description of activities carried out under 

11 the programs; 

12 (2) an evaluation of the effectiveness of the pro13 grams; and 

14 (3) recommendations concerning reauthoriza15 tion of the programs and funding levels for the pro16 grams in succeeding fiscal years. 

17 Subtitle C—Great Lakes Water 

18 Quality Indicators and Monitoring 

19 SEC. 621. GREAT LAKES WATER QUALITY INDICATORS AND 

20 MONITORING. 

21 Section 118(c)(1) of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1268(c)(1)) is amended by strik23 ing subparagraph (B) and inserting the following: 

24 ‘‘(B)(i) not later than 2 years after the 

25 date of enactment of this clause, in cooperation 


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1 with Canada and appropriate Federal agencies 

2 (including the United States Geological Survey, 

3 the National Oceanic and Atmospheric Admin4 istration, and the United States Fish and Wild5 life Service), develop and implement a set of 

6 science-based indicators of water quality and re7 lated environmental factors in the Great Lakes, 

8 including, at a minimum, measures of toxic pol9 lutants that have accumulated in the Great 

10 Lakes for a substantial period of time, as deter11 mined by the Program Office; 

12 ‘‘(ii) not later than 4 years after the date 

13 of enactment of this clause— 

14 ‘‘(I) establish a Federal network for 

15 the regular monitoring of, and collection of 

16 data throughout, the Great Lakes basin 

17 with respect to the indicators described in 

18 clause (i); and 

19 ‘‘(II) collect an initial set of bench20 mark data from the network; and 

21 ‘‘(iii) not later than 2 years after the date 

22 of collection of the data described in clause 

23 (ii)(II), and biennially thereafter, in addition to 

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1 mit to Congress, and make available to the pub2 lic, a report that— 

3 ‘‘(I) describes the water quality and 

4 related environmental factors of the Great 

5 Lakes (including any changes in those fac6 tors), as determined through the regular 

7 monitoring of indicators under clause 

8 (ii)(I) for the period covered by the report; 

9 and 

10 ‘‘(II) identifies any emerging problems 

11 in the water quality or related environ12 mental factors of the Great Lakes;’’. 

13 TITLE VII—SUSTAINABLE 

14 DEVELOPMENT 

15 SEC. 701. WATERFRONT RESTORATION AND REMEDIATION 

16 PROJECTS. 

17 (a) DEFINITIONS.—In this section: 

18 (1) RELATED AREA.—The term ‘‘related area’’ 

19 means land— 

20 (A) located adjacent to, or in close prox21 imity of, a waterfront area; and 

22 (B) that impacts or influences a waterfront 

23 area or an aquatic habitat. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Commerce, acting through the 

3 Under Secretary for Oceans and Atmosphere. 

4 (3) WATERFRONT AREA.—The term ‘‘water5 front area’’ means a site located adjacent to a lake, 

6 river, stream, wetland, or floodplain of the United 

7 States. 

8 (b) APPLICATION.—An individual or entity that seeks 

9 to receive assistance under this section shall submit to the 

10 Secretary an application for the assistance in such form, 

11 by such time, and containing such information as the Sec12 retary may require. 

13 (c) JUSTIFICATION AND PURPOSE.— 

14 (1) JUSTIFICATION.—The Secretary may pro15 vide assistance to eligible recipients in financing a 

16 restoration or remediation project only if the Sec17 retary finds that the proposed project addresses con18 cerns relating to— 

19 (A) public health; 

20 (B) public safety; 

21 (C) environmental improvements; or 

22 (D) economic improvements. 

23 (2) PURPOSE.—An eligible recipient of assist24 ance may use assistance made available under this 


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1 section to complete a restoration or remediation 

2 project for the purpose of— 

3 (A) improving the surrounding ecosystem; 

4 or 

5 (B) preparing land for redevelopment by 

6 Federal, State, or local agencies, or private en7 tities. 

8 (d) COST SHARING.— 

9 (1) GENERAL ASSISTANCE.— 

10 (A) IN GENERAL.—Except as otherwise 

11 provided in this subsection, the Federal share of 

12 the cost of carrying out a restoration or remedi13 ation project under this section shall not exceed 

14 65 percent, as determined by the Secretary. 

15 (B) INNOVATIVE TECHNOLOGY.—The Fed16 eral share of the cost of carrying out a restora17 tion or remediation project under this section 

18 that involves conducting a pilot project to test 

19 a demonstration or innovative technology shall 

20 not exceed 85 percent, as determined by the 

21 Secretary. 

22 (2) OPERATION AND MAINTENANCE.—The non23 Federal share of operation and maintenance costs 

24 for a restoration or remediation project under this 

25 section shall be 100 percent. 


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1 (3) CREDIT FOR WORK-IN-KIND CONSIDER2 ATIONS.—In determining the amount of a contribu3 tion made by a non-Federal interest under this sec4 tion, the non-Federal interest shall receive credit 

5 equal to 100 percent of the value of any land, ease6 ments, rights-of-way, and relocations, and the rea7 sonable cost of services, studies, and supplies, con8 tributed toward the non-Federal share of project 

9 costs. 

10 (4) LIABILITY OF FEDERAL GOVERNMENT.— 

11 The eligible recipient shall hold the United States 

12 harmless from any claim or damage that may arise 

13 from carrying out the restoration or remediation 

14 project under this section, except any claim or dam15 age that may arise from the negligence of the Fed16 eral Government or a contractor of the Federal Gov17 ernment. 

18 (e) FUNDING LIMITATION PER PROJECT.—Of the 

19 funds provided under this section, not more than 

20 $5,000,000 may be allocated for an individual restoration 

21 or rehabilitation project. 


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1 SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND RE2 MEDIATE WATERFRONT AND RELATED 

3 AREAS. 

4 The Secretary, in consultation with appropriate Fed5 eral, State, and local agencies, is authorized to restore and 

6 remediate waterfront and related areas, including site 

7 characterization, planning, design, construction, and mon8 itoring. 

9 SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to the Sec11 retary to carry out this title $50,000,000 for fiscal years 

12 2010 through 2014. 

13 TITLE VIII—COORDINATION AND 

14 OVERSIGHT 

15 SEC. 801. DEFINITIONS. 

16 In this title: 

17 (1) COLLABORATION.—The term ‘‘Collabora18 tion’’ means the Great Lakes Regional Collaboration 

19 established by section 804(a). 

20 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec21 utive Committee’’ means the Great Lakes Regional 

22 Collaboration Executive Committee established by 

23 section 803(a). 

24 (3) EXECUTIVE ORDER.—The term ‘‘Executive 

25 Order’’ means Executive Order 13340 (33 U.S.C. 

26 1268 note; relating to establishment of Great Lakes 


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1 Interagency Task Force and promotion of regional 

2 collaboration of national significance for Great 

3 Lakes). 

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

5 means— 

6 (A) Lake Erie; 

7 (B) Lake Huron (including Lake Saint 

8 Clair); 

9 (C) Lake Michigan; 

10 (D) Lake Ontario; 

11 (E) Lake Superior; and 

12 (F) the connecting channels of those 

13 Lakes, including— 

14 (i) the Saint Mary’s River; 

15 (ii) the Saint Clair River; 

16 (iii) the Detroit River; 

17 (iv) the Niagara River; and 

18 (v) the Saint Lawrence River to the 

19 Canadian border. 

20 (5) GREAT LAKES CITY.—The term ‘‘Great 

21 Lakes city’’ means a city located in the watershed 

22 basin of a Great Lake. 

23 (6) GREAT LAKES TRIBE.—The term ‘‘Great 

24 Lakes Tribe’’ means any Indian tribe, band, village, 

25 nation, or other organized group or community in 


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1 the watershed basin of a Great Lake that is recog2 nized by the Bureau of Indian Affairs as eligible for 

3 the special programs and services provided by the 

4 United States to Indians because of their status as 

5 Indians. 

6 (7) SAINT LAWRENCE CITY.—The term ‘‘Saint 

7 Lawrence city’’ means a city located in the water8 shed basin of the Saint Lawrence River. 

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

10 means the Great Lakes Interagency Task Force es11 tablished by section 802(a). 

12 SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE. 

13 (a) INTERAGENCY COORDINATION.—The Great 

14 Lakes Interagency Task Force, as established by the Ex15 ecutive Order for administrative purposes, is established 

16 as a task force within the Environmental Protection Agen17 cy. 

18 (b) DUTIES.—In addition to the duties described in 

19 the Executive Order, the Task Force shall— 

20 (1) ensure that implementation of programs 

21 and projects under the authority of the Task Force 

22 members is coordinated, effective, and cost-efficient; 

23 (2) work in cooperation with Federal agencies 

24 on the development of budgets and financial plans 

25 regarding the Great Lakes for inclusion in annual 


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1 submissions by the President to Congress of the 

2 budget of the United States; and 

3 (3) submit to Congress a biennial report that 

4 describes the projects and activities carried out by 

5 the Collaboration during the 2-year period covered 

6 by the report, including a description of— 

7 (A) any actions that Federal agencies can 

8 take to address the biennial restoration goals; 

9 (B) Federal expenditures to meet the res10 toration goals; and 

11 (C) the indicators and monitoring used to 

12 determine whether the goals will be met. 

13 SEC. 803. EXECUTIVE COMMITTEE. 

14 (a) IN GENERAL.—There is established a Great 

15 Lakes Regional Collaboration Executive Committee. 

16 (b) COMPOSITION.—The Executive Committee shall 

17 be composed of— 

18 (1) the Chairperson of the Task Force; 

19 (2) a representative of the Governors of the 

20 Great Lakes States, as agreed upon by the Gov21 ernors; 

22 (3) a representative of the Great Lakes cities 

23 and Saint Lawrence cities, as agreed upon by the 

24 majority of mayors of those cities; and 


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1 (4) a designated representative for the Great 

2 Lakes Tribes, as agreed upon by those Tribes. 

3 (c) DUTIES.—The Executive Committee shall— 

4 (1) hold semiannual meetings to discuss Great 

5 Lakes restoration goals and progress; 

6 (2) establish a process to receive input from in7 terested parties with respect to proposed rec8 ommendations of the Executive Committee for res9 toration of the Great Lakes; and 

10 (3) submit to Congress and the Task Force a 

11 biennial report that includes— 

12 (A) an analysis of progress in carrying out 

13 restoration of the Great Lakes, including meet14 ing the goals and recommendations in the res15 toration and protection strategy developed by 

16 the Great Lakes Regional Collaboration and 

17 this Act; and 

18 (B) recommendations on future priorities 

19 and actions with respect to that restoration. 

20 (d) SUBCOMMITTEES.—The members of the Execu21 tive Committee may designate representatives to work as 

22 1 or more subcommittees to provide staff support and oth23 erwise assist in carrying out responsibilities of the Execu24 tive Committee relating to the Collaboration. 


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1 SEC. 804. GREAT LAKES REGIONAL COLLABORATION. 

2 (a) IN GENERAL.—There is established the Great 

3 Lakes Regional Collaboration. 

4 (b) COMPOSITION.—The Collaboration shall be com5 posed of— 

6 (1) the members of the Executive Committee; 

7 and 

8 (2) each other individual and entity that noti9 fies the Executive Committee of the desire and in10 tent of the individual or entity to participate in the 

11 Collaboration. 

12 (c) DUTIES.—The Collaboration shall— 

13 (1) develop a restoration and protection strat14 egy to provide information for use in future Great 

15 Lakes program implementation and funding deci16 sions; 

17 (2) serve as a forum for addressing near-term 

18 regional issues relating to ecosystem restoration and 

19 protection of the Great Lakes; and 

20 (3) establish an oversight forum to coordinate 

21 and enhance implementation of Great Lakes pro22 grams. 

Æ 


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