I

104TH CONGRESS

2D SESSION H. R. 4283

To provide for ballast water management to prevent the introduction and

spread of nonindigenous species into the waters of the United States,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. LATOURETTE introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure, and in addition to the

Committee on Resources, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

SEPTEMBER 28, 1996

The Committees on Transportation and Infrastructure and Resources

discharged; considered and passed

A BILL

To provide for ballast water management to prevent the

introduction and spread of nonindigenous species into

the waters of the United States, 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; REFERENCES.

4 (a) IN GENERAL.—This Act may be cited as the ‘‘Na5 tional Invasive Species Act of 1996’’.
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1 (b) REFERENCES.—Whenever in this Act an amend2 ment or repeal is expressed in terms of an amendment

3 to or repeal of a section or other provision, the reference

4 shall be considered to be made to a section or other provi5 sion of the Nonindigenous Aquatic Nuisance Prevention

6 and Control Act of 1990 (16 U.S.C. 4701 et seq.).

7 SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC

8 NUISANCE PREVENTION AND CONTROL ACT

9 OF 1990.

10 (a) FINDINGS; DEFINITIONS.—

11 (1) FINDINGS.—Section 1002(a) (16 U.S.C.

12 4701(a)) is amended—

13 (A) by striking paragraphs (2) and (3) and

14 inserting the following new paragraphs:

15 ‘‘(2) when environmental conditions are favor16 able, nonindigenous species become established, may

17 compete with or prey upon native species of plants,

18 fish, and wildlife, may carry diseases or parasites

19 that affect native species, and may disrupt the

20 aquatic environment and economy of affected near21 shore areas;

22 ‘‘(3) the zebra mussel was unintentionally intro23 duced into the Great Lakes and has infested—
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1 ‘‘(A) waters south of the Great Lakes, into

2 a good portion of the Mississippi River drain3 age;

4 ‘‘(B) waters west of the Great Lakes, into

5 the Arkansas River in Oklahoma; and

6 ‘‘(C) waters east of the Great Lakes, into

7 the Hudson River and Lake Champlain;’’;

8 (B) in paragraph (4)—

9 (i) by inserting ‘‘by the zebra mussel

10 and ruffe, round goby, and other non11 indigenous species’’ after ‘‘other species’’;

12 and

13 (ii) by striking ‘‘and’’ at the end;

14 (C) in paragraph (5), by striking the pe15 riod and inserting a semicolon; and

16 (D) by adding at the end the following new

17 paragraphs:

18 ‘‘(6) in 1992, the zebra mussel was discovered

19 at the northernmost reaches of the Chesapeake Bay

20 watershed;

21 ‘‘(7) the zebra mussel poses an imminent risk

22 of invasion in the main waters of the Chesapeake

23 Bay;

24 ‘‘(8) since the Chesapeake Bay is the largest re25 cipient of foreign ballast water on the East Coast,
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1 there is a risk of further invasions of other non2 indigenous species;

3 ‘‘(9) the zebra mussel is only one example of

4 thousands of nonindigenous species that have be5 come established in waters of the United States and

6 may be causing economic and ecological degradation

7 with respect to the natural resources of waters of

8 the United States;

9 ‘‘(10) since their introduction in the early

10 1980’s in ballast water discharges, ruffe—

11 ‘‘(A) have caused severe declines in popu12 lations of other species of fish in Duluth Har13 bor (in Minnesota and Wisconsin);

14 ‘‘(B) have spread to Lake Huron; and

15 ‘‘(C) are likely to spread quickly to most

16 other waters in North America if action is not

17 taken promptly to control their spread;

18 ‘‘(11) examples of nonindigenous species that,

19 as of the date of enactment of the National Invasive

20 Species Act of 1996, infest coastal waters of the

21 United States and that have the potential for caus22 ing adverse economic and ecological effects include—

23 ‘‘(A) the mitten crab (Eriocher sinensis)

24 that has become established on the Pacific

25 Coast;
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1 ‘‘(B) the green crab (Carcinus maenas)

2 that has become established in the coastal wa3 ters of the Atlantic Ocean;

4 ‘‘(C) the brown mussel (Perna perna) that

5 has become established along the Gulf of Mex6 ico; and

7 ‘‘(D) certain shellfish pathogens;

8 ‘‘(12) many aquatic nuisance vegetation species,

9 such as Eurasian watermilfoil, hydrilla, water hya10 cinth, and water chestnut, have been introduced to

11 waters of the United States from other parts of the

12 world causing or having a potential to cause adverse

13 environmental, ecological, and economic effects;

14 ‘‘(13) if preventive management measures are

15 not taken nationwide to prevent and control uninten16 tionally introduced nonindigenous aquatic species in

17 a timely manner, further introductions and infesta18 tions of species that are as destructive as, or more

19 destructive than, the zebra mussel or the ruffe infes20 tations may occur;

21 ‘‘(14) once introduced into waters of the United

22 States, aquatic nuisance species are unintentionally

23 transported and introduced into inland lakes and

24 rivers by recreational boaters, commercial barge

25 traffic, and a variety of other pathways; and
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1 ‘‘(15) resolving the problems associated with

2 aquatic nuisance species will require the participa3 tion and cooperation of the Federal Government and

4 State governments, and investment in the develop5 ment of prevention technologies.’’.

6 (2) DEFINITIONS.—Section 1003 (16 U.S.C.

7 4702) is amended—

8 (A) by striking paragraph (1) and redesig9 nating paragraphs (2) through (8) as para10 graphs (1) through (7), respectively;

11 (B) in paragraph (2), as redesignated by

12 subparagraph (A) of this paragraph, by striking

13 ‘‘assistant Secretary’’ and inserting ‘‘Assistant

14 Secretary’’;

15 (C) by redesignating paragraphs (9)

16 through (15) as paragraphs (11) through (17),

17 respectively; and

18 (D) by inserting after paragraph (7), as

19 redesignated by subparagraph (A) of this para20 graph, the following:

21 ‘‘(8) ‘Great Lakes region’ means the 8 States

22 that border on the Great Lakes;

23 ‘‘(9) ‘Indian tribe’ means any Indian tribe,

24 band, nation, or other organized group or commu25 nity, including any Alaska Native village or regional
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1 corporation (as defined in or established pursuant to

2 the Alaska Native Claims Settlement Act (43 U.S.C.

3 1601 et seq.)) that is recognized as eligible for the

4 special programs and services provided by the Unit5 ed States to Indians because of their status as Indi6 ans;

7 ‘‘(10) ‘interstate organization’ means an en8 tity—

9 ‘‘(A) established by—

10 ‘‘(i) an interstate compact that is ap11 proved by Congress;

12 ‘‘(ii) a Federal statute; or

13 ‘‘(iii) a treaty or other internation14 al agreement with respect to which the

15 United States is a party; and

16 ‘‘(B)(i) that represents 2 or more—

17 ‘‘(I) States or political subdivisions

18 thereof; or

19 ‘‘(II) Indian tribes; or

20 ‘‘(ii) that represents—

21 ‘‘(I) 1 or more States or political sub22 divisions thereof; and

23 ‘‘(II) 1 or more Indian tribes; or

24 ‘‘(iii) that represents the Federal Govern25 ment and 1 or more foreign governments; and
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1 ‘‘(C) has jurisdiction over, serves as forum

2 for coordinating, or otherwise has a role or re3 sponsibility for the management of, any land or

4 other natural resource;’’.

5 (b) AQUATIC NUISANCE SPECIES CONTROL PRO6 GRAM.—

7 (1) AMENDMENT TO HEADING.—The heading

8 to subtitle B (16 U.S.C. 4711 et seq.) is amended

9 to read as follows:

10 ‘‘Subtitle B—Prevention of Unin11 tentional Introductions of Non12 indigenous Aquatic Species’’.

13 (2) AQUATIC NUISANCE SPECIES.—Section

14 1101 (16 U.S.C. 4711) is amended to read as fol15 lows:

16 ‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF

17 THE UNITED STATES.

18 ‘‘(a) GREAT LAKES GUIDELINES.—

19 ‘‘(1) IN GENERAL.—Not later than 6 months

20 after the date of enactment of this Act, the Sec21 retary shall issue voluntary guidelines to prevent the

22 introduction and spread of aquatic nuisance species

23 into the Great Lakes through the exchange of bal24 last water of vessels prior to entering those waters.
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1 ‘‘(2) CONTENT OF GUIDELINES.—The guide2 lines issued under this subsection shall—

3 ‘‘(A) ensure to the maximum extent prac4 ticable that ballast water containing aquatic

5 nuisance species is not discharged into the

6 Great Lakes;

7 ‘‘(B) protect the safety of—

8 ‘‘(i) each vessel; and

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

10 vessel;

11 ‘‘(C) take into consideration different ves12 sel operating conditions; and

13 ‘‘(D) be based on the best scientific infor14 mation available.

15 ‘‘(b) REGULATIONS.—

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

17 after the date of enactment of this Act, the Sec18 retary, in consultation with the Task Force, shall

19 issue regulations to prevent the introduction and

20 spread of aquatic nuisance species into the Great

21 Lakes through the ballast water of vessels.

22 ‘‘(2) CONTENT OF REGULATIONS.—The regula23 tions issued under this subsection shall—

24 ‘‘(A) apply to all vessels equipped with bal25 last water tanks that enter a United States port
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1 on the Great Lakes after operating on the wa2 ters beyond the exclusive economic zone;

3 ‘‘(B) require a vessel to—

4 ‘‘(i) carry out exchange of ballast

5 water on the waters beyond the exclusive

6 economic zone prior to entry into any port

7 within the Great Lakes;

8 ‘‘(ii) carry out an exchange of ballast

9 water in other waters where the exchange

10 does not pose a threat of infestation

11 or spread of aquatic nuisance species in

12 the Great Lakes and other waters of the

13 United States, as recommended by the

14 Task Force under section 1102(a)(1); or

15 ‘‘(iii) use environmentally sound alter16 native ballast water management methods

17 if the Secretary determines that such alter18 native methods are as effective as ballast

19 water exchange in preventing and control20 ling infestations of aquatic nuisance spe21 cies;

22 ‘‘(C) not affect or supersede any require23 ments or prohibitions pertaining to the dis24 charge of ballast water into waters of the
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1 United States under the Federal Water Pollu2 tion Control Act (33 U.S.C. 1251 et seq.);

3 ‘‘(D) provide for sampling procedures to

4 monitor compliance with the requirements of

5 the regulations;

6 ‘‘(E) prohibit the operation of a vessel in

7 the Great Lakes if the master of the vessel has

8 not certified to the Secretary or the Secretary’s

9 designee by not later than the departure of that

10 vessel from the first lock in the St. Lawrence

11 Seaway that the vessel has complied with the

12 requirements of the regulations;

13 ‘‘(F) protect the safety of—

14 ‘‘(i) each vessel; and

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

16 vessel;

17 ‘‘(G) take into consideration different oper18 ating conditions; and

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

21 ‘‘(3) ADDITIONAL REGULATIONS.—In addition

22 to promulgating regulations under paragraph (1),

23 the Secretary, in consultation with the Task Force,

24 shall, not later than November 4, 1994, issue regula25 tions to prevent the introduction and spread of
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1 aquatic nuisance species into the Great Lakes

2 through ballast water carried on vessels that enter

3 a United States port on the Hudson River north of

4 the George Washington Bridge.

5 ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE

6 PROGRAMS.—The Secretary may carry out education

7 and technical assistance programs and other meas8 ures to promote compliance with the regulations is9 sued under this subsection.

10 ‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

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

12 the date of enactment of the National Invasive Spe13 cies Act of 1996, and after providing notice and an

14 opportunity for public comment, the Secretary shall

15 issue voluntary guidelines to prevent the introduc16 tion and spread of nonindigenous species in waters

17 of the United States by ballast water operations and

18 other operations of vessels equipped with ballast

19 water tanks.

20 ‘‘(2) CONTENT OF GUIDELINES.—The voluntary

21 guidelines issued under this subsection shall—

22 ‘‘(A) ensure to the maximum extent prac23 ticable that aquatic nuisance species are not

24 discharged into waters of the United States

25 from vessels;
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1 ‘‘(B) apply to all vessels equipped with bal2 last water tanks that operate in waters of the

3 United States;

4 ‘‘(C) protect the safety of—

5 ‘‘(i) each vessel; and

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

7 vessel;

8 ‘‘(D) direct a vessel that is carrying ballast

9 water into waters of the United States after op10 erating beyond the exclusive economic zone to—

11 ‘‘(i) carry out the exchange of ballast

12 water of the vessel in waters beyond the

13 exclusive economic zone;

14 ‘‘(ii) exchange the ballast water of the

15 vessel in other waters where the exchange

16 does not pose a threat of infestation or

17 spread of nonindigenous species in waters

18 of the United States, as recommended by

19 the Task Force under section 1102(a)(1);

20 or

21 ‘‘(iii) use environmentally sound alter22 native ballast water management methods,

23 including modification of the vessel ballast

24 water tanks and intake systems, if the Sec25 retary determines that such alternative
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1 methods are at least as effective as ballast

2 water exchange in preventing and control3 ling infestations of aquatic nuisance spe4 cies;

5 ‘‘(E) direct vessels to carry out manage6 ment practices that the Secretary determines to

7 be necessary to reduce the probability of unin8 tentional nonindigenous species transfer result9 ing from—

10 ‘‘(i) ship operations other than ballast

11 water discharge; and

12 ‘‘(ii) ballasting practices of vessels

13 that enter waters of the United States with

14 no ballast water on board;

15 ‘‘(F) provide for the keeping of records

16 that shall be submitted to the Secretary, as pre17 scribed by the guidelines, and that shall be

18 maintained on board each vessel and made

19 available for inspection, upon request of the

20 Secretary and in a manner consistent with sub21 section (i), in order to enable the Secretary to

22 determine compliance with the guidelines, in23 cluding—

24 ‘‘(i) with respect to each ballast water

25 exchange referred to in clause (ii), report-
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1 ing on the precise location and thorough2 ness of the exchange; and

3 ‘‘(ii) any other information that the

4 Secretary considers necessary to assess the

5 rate of effective compliance with the guide6 lines;

7 ‘‘(G) provide for sampling procedures to

8 monitor compliance with the guidelines;

9 ‘‘(H) take into consideration—

10 ‘‘(i) vessel types;

11 ‘‘(ii) variations in the characteristics

12 of point of origin and receiving water bod13 ies;

14 ‘‘(iii) variations in the ecological con15 ditions of waters and coastal areas of the

16 United States; and

17 ‘‘(iv) different operating conditions;

18 ‘‘(I) be based on the best scientific infor19 mation available;

20 ‘‘(J) not affect or supersede any require21 ments or prohibitions pertaining to the

22 discharge of ballast water into waters of the

23 United States under the Federal Water Pollu24 tion Control Act (33 U.S.C. 1251 et seq.); and
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1 ‘‘(K) provide an exemption from ballast

2 water exchange requirements to passenger ves3 sels with operating ballast water systems that

4 are equipped with treatment systems designed

5 to kill aquatic organisms in ballast water, un6 less the Secretary determines that such treat7 ment systems are less effective than ballast

8 water exchange at reducing the risk of transfers

9 of invasive species in the ballast water of pas10 senger vessels; and

11 ‘‘(L) not apply to crude oil tankers en12 gaged in the coastwise trade.

13 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

14 PROGRAMS.—Not later than 1 year after the date of

15 enactment of the National Invasive Species Act of

16 1996, the Secretary shall carry out education and

17 technical assistance programs and other measures to

18 encourage compliance with the guidelines issued

19 under this subsection.

20 ‘‘(d) REPORT TO CONGRESS.—Not sooner than 24

21 months after the date of issuance of guidelines pursuant

22 to subsection (c) and not later than 30 months after such

23 date, and after consultation with interested and affected

24 persons, the Secretary shall prepare and submit to Con-
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1 gress a report containing the information required pursu2 ant to paragraphs (1) and (2) of subsection (e).

3 ‘‘(e) PERIODIC REVIEW AND REVISION.—

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

5 after the date of issuance of guidelines pursuant to

6 subsection (c), and not less frequently than every 3

7 years thereafter, the Secretary shall, in accordance

8 with criteria developed by the Task Force under

9 paragraph (3)—

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

11 the voluntary guidelines issued under subsection

12 (c) and the regulations promulgated under this

13 Act;

14 ‘‘(B) establish the rate of compliance that

15 is based on the assessment under subparagraph

16 (A);

17 ‘‘(C) assess the effectiveness of the vol18 untary guidelines and regulations referred to in

19 subparagraph (A) in reducing the introduction

20 and spread of aquatic nuisance species by ves21 sels; and

22 ‘‘(D) as necessary, on the basis of the best

23 scientific information available—

24 ‘‘(i) revise the guidelines and regula25 tions referred to in subparagraph (A);
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1 ‘‘(ii) promulgate additional regulations

2 pursuant to subsection (f)(1); or

3 ‘‘(iii) carry out each of clauses (i) and

4 (ii).

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

6 later than 90 days after the Task Force makes a re7 quest to the Secretary for a special review and revi8 sion for coastal and inland waterways designated by

9 the Task Force, the Secretary shall—

10 ‘‘(A) conduct a special review of guidelines

11 and regulations applicable to those waterways

12 in accordance with the review procedures under

13 paragraph (1); and

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

15 provided under paragraph (1)(D)—

16 ‘‘(i) revise those guidelines;

17 ‘‘(ii) promulgate additional regulations

18 pursuant to subsection (f)(1); or

19 ‘‘(iii) carry out each of clauses (i) and

20 (ii).

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

22 later than 18 months after the date of enactment of

23 the National Invasive Species Act of 1996, the Task

24 Force shall submit to the Secretary criteria for de-
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1 termining the adequacy and effectiveness of the vol2 untary guidelines issued under subsection (c).

3 ‘‘(f) AUTHORITY OF SECRETARY.—

4 ‘‘(1) GENERAL REGULATIONS.—If, on the basis

5 of a periodic review conducted under subsection

6 (e)(1) or a special review conducted under sub7 section (e)(2), the Secretary determines that—

8 ‘‘(A) the rate of effective compliance (as

9 determined by the Secretary) with the guide10 lines issued pursuant to subsection (c) is inad11 equate; or

12 ‘‘(B) the reporting by vessels pursuant to

13 those guidelines is not adequate for the Sec14 retary to assess the compliance with those

15 guidelines and provide a rate of compliance of

16 vessels, including the assessment of the rate of

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

18 the Secretary shall promptly promulgate regulations

19 that meet the requirements of paragraph (2).

20 ‘‘(2) REQUIREMENTS FOR REGULATIONS.—The

21 regulations promulgated by the Secretary under

22 paragraph (1)—

23 ‘‘(A) shall—

24 ‘‘(i) not be promulgated sooner than

25 180 days following the issuance of the re-
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1 port to Congress submitted pursuant to

2 subsection (d);

3 ‘‘(ii) make mandatory the require4 ments included in the voluntary guidelines

5 issued under subsection (c); and

6 ‘‘(iii) provide for the enforcement of

7 the regulations; and

8 ‘‘(B) may be regional in scope.

9 ‘‘(3) INTERNATIONAL REGULATIONS.—The Sec10 retary shall revise regulations promulgated under

11 this subsection to the extent required to make such

12 regulations consistent with the treatment of a par13 ticular matter in any international agreement,

14 agreed to by the United States, governing manage15 ment of the transfer of nonindigenous aquatic spe16 cies by vessel.

17 ‘‘(g) SANCTIONS.—

18 ‘‘(1) CIVIL PENALTIES.—Any person who vio19 lates a regulation promulgated under subsection (b)

20 or (f) shall be liable for a civil penalty in an amount

21 not to exceed $25,000. Each day of a continuing vio22 lation constitutes a separate violation. A vessel oper23 ated in violation of the regulations is liable in rem

24 for any civil penalty assessed under this subsection

25 for that violation.
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1 ‘‘(2) CRIMINAL PENALTIES.—Any person who

2 knowingly violates the regulations promulgated

3 under subsection (b) or (f) is guilty of a class C fel4 ony.

5 ‘‘(3) REVOCATION OF CLEARANCE.—Upon re6 quest of the Secretary, the Secretary of the Treasury

7 shall withhold or revoke the clearance of a vessel re8 quired by section 4197 of the Revised Statutes (46

9 U.S.C. App. 91), if the owner or operator of that

10 vessel is in violation of the regulations issued under

11 subsection (b) or (f).

12 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub13 section does not apply to a failure to exchange bal14 last water if—

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

16 faith, decides that the exchange of ballast water

17 will threaten the safety or stability of the vessel,

18 its crew, or its passengers; and

19 ‘‘(B) the recordkeeping and reporting re20 quirements of the Act are complied with.

21 ‘‘(h) COORDINATION WITH OTHER AGENCIES.—In

22 carrying out the programs under this section, the Sec23 retary is encouraged to use, to the maximum extent prac24 ticable, the expertise, facilities, members, or personnel of

25 established agencies and organizations that have routine
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1 contact with vessels, including the Animal and Plant

2 Health Inspection Service of the Department of Agri3 culture, the National Cargo Bureau, port administrations,

4 and ship pilots’ associations.

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

6 OTHER FOREIGN GOVERNMENTS.—In developing the

7 guidelines issued and regulations promulgated under this

8 section, the Secretary is encouraged to consult with the

9 Government of Canada, the Government of Mexico, and

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

12 to be necessary to develop and implement an effective

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

15 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec16 retary, in cooperation with the International Maritime Or17 ganization of the United Nations and the Commission on

18 Environmental Cooperation established pursuant to the

19 North American Free Trade Agreement, is encouraged to

20 enter into negotiations with the governments of foreign

21 countries to develop and implement an effective inter22 national program for preventing the unintentional intro23 duction and spread of nonindigenous species.

24 ‘‘(k) SAFETY EXEMPTION.—
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1 ‘‘(1) MASTER DISCRETION.—The master of a

2 vessel is not required to conduct a ballast water ex3 change if the master decides that the exchange

4 would threaten the safety or stability of the vessel,

5 its crew, or its passengers because of adverse weath6 er, vessel architectural design, equipment failure, or

7 any other extraordinary conditions.

8 ‘‘(2) OTHER REQUIREMENTS.—(A) IN GEN9 ERAL.—Except as provided in subparagraph (B), a

10 vessel that does not exchange ballast water on the

11 high seas under paragraph (1) shall not be restricted

12 from discharging ballast water in any harbor.

13 ‘‘(B) GREAT LAKES.—Subparagraph (A) shall

14 not apply in a case in which a vessel is subject to

15 the regulations issued by the Secretary under sub16 section (b).

17 ‘‘(3) CRUDE OIL TANKER BALLAST FACILITY

18 STUDY.—(A) Within 60 days of the date of enact19 ment of this Act, the Secretary of the department in

20 which the Coast Guard is operating, in consultation

21 with the Under Secretary of Commerce for Oceans

22 and Atmosphere, affected shoreside ballast water fa23 cility operators, affected crude oil tanker operators,

24 and interested parties, shall initiate a study of the

25 effectiveness of existing shoreside ballast water fa-
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1 cilities used by crude oil tankers in the coastwise

2 trade off Alaska in preventing the introduction of

3 nonindigenous aquatic species into the waters off

4 Alaska, as well as the cost and feasibility of modify5 ing such facilities to improve such effectiveness.

6 ‘‘(B) The study required under subparagraph

7 (A) shall be submitted to the Congress by no later

8 than October 1, 1997.

9 ‘‘(l) NON-DISCRIMINATION.—The Secretary shall en10 sure that vessels registered outside of the United States

11 do not receive more favorable treatment than vessels reg12 istered in the United States when the Secretary performs

13 studies, reviews compliance, determines effectiveness, es14 tablishes requirements, or performs any other responsibil15 ities under this Act.’’.

16 (c) NATIONAL BALLAST WATER MANAGEMENT IN17 FORMATION.—Section 1102 (16 U.S.C. 4712) is amend18 ed—

19 (1) by striking the section heading and insert20 ing the following:

21 ‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN22 FORMATION.’’;

23 (2) in subsection (a)—
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1 (A) in paragraphs (1) and (2), by inserting

2 ‘‘, in cooperation with the Secretary,’’ before

3 ‘‘shall conduct’’ each place it appears;

4 (B) in paragraph (2), by inserting ‘‘Lake

5 Champlain and other’’ after ‘‘economic uses

6 of’’;

7 (3) by striking subsection (b) and inserting the

8 following:

9 ‘‘(b) ECOLOGICAL AND BALLAST WATER DISCHARGE

10 SURVEYS.—

11 ‘‘(1) ECOLOGICAL SURVEYS.—

12 ‘‘(A) IN GENERAL.—The Task Force, in

13 cooperation with the Secretary, shall conduct

14 ecological surveys of the Chesapeake Bay, San

15 Francisco Bay, and Honolulu Harbor and, as

16 necessary, of other estuaries of national signifi17 cance and other waters that the Task Force de18 termines—

19 ‘‘(i) to be highly susceptible to inva20 sion by aquatic nuisance species resulting

21 from ballast water operations and other

22 operations of vessels; and

23 ‘‘(ii) to require further study.

24 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

25 conducting the surveys under this paragraph,
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1 the Task Force shall, with respect to each such

2 survey—

3 ‘‘(i) examine the attributes and pat4 terns of invasions of aquatic nuisance spe5 cies; and

6 ‘‘(ii) provide an estimate of the effec7 tiveness of ballast water management and

8 other vessel management guidelines issued

9 and regulations promulgated under this

10 subtitle in abating invasions of aquatic nui11 sance species in the waters that are the

12 subject of the survey.

13 ‘‘(2) BALLAST WATER DISCHARGE SURVEYS.—

14 ‘‘(A) IN GENERAL.—The Secretary, in co15 operation with the Task Force, shall conduct

16 surveys of ballast water discharge rates and

17 practices in the waters referred to in paragraph

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

19 (i) and (ii) of such paragraph.

20 ‘‘(B) REQUIREMENTS FOR SURVEYS.—In

21 conducting the surveys under this paragraph,

22 the Secretary shall—

23 ‘‘(i) examine the rate of, and trends

24 in, ballast water discharge in the waters

25 that are the subject of the survey; and
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1 ‘‘(ii) assess the effectiveness of vol2 untary guidelines issued, and regulations

3 promulgated, under this subtitle in altering

4 ballast water discharge practices to reduce

5 the probability of accidental introductions

6 of aquatic nuisance species.

7 ‘‘(3) COLUMBIA RIVER.—The Secretary, in co8 operation with the Task Force and academic institu9 tions in each of the States affected, shall conduct an

10 ecological and ballast water discharge survey of the

11 Columbia River system consistent with the require12 ments of paragraphs (1) and (2).’’; and

13 (4) by adding at the end the following new sub14 sections:

15 ‘‘(e) REGIONAL RESEARCH GRANTS.—Out of

16 amounts appropriated to carry out this subsection for a

17 fiscal year, the Under Secretary shall may—

18 ‘‘(1) make available not to exceed $750,000 to

19 fund research on aquatic nuisance species prevention

20 and control in the Chesapeake Bay through grants,

21 to be competitively awarded and subject to peer re22 view, to universities and research institutions;

23 ‘‘(2) make available not to exceed $500,000 to

24 fund research on aquatic nuisance species prevention

25 and control in the Gulf of Mexico through grants, to
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1 be competitively awarded and subject to peer review,

2 to universities and research institutions;

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

4 fund research on aquatic nuisance species prevention

5 and control for the Pacific Coast through grants, to

6 be competitively awarded and subject to peer review,

7 to universities and research institutions;

8 ‘‘(4) make available not to exceed $500,000 to

9 fund research on aquatic nuisance species prevention

10 and control for the Atlantic Coast through grants, to

11 be competitively awarded and subject to peer review,

12 to universities and research institutions; and

13 ‘‘(5) make available not to exceed $750,000 to

14 fund research on aquatic nuisance species prevention

15 and control in the San Francisco Bay-Delta Estuary

16 through grants, to be competitively awarded and

17 subject to peer review, to universities and research

18 institutions.

19 ‘‘(f) NATIONAL BALLAST INFORMATION CLEARING20 HOUSE.—

21 ‘‘(1) IN GENERAL.—The Secretary shall develop

22 and maintain, in consultation and cooperation with

23 the Task Force and the Smithsonian Institution

24 (acting through the Smithsonian Environmental Re-
29

•HR 4283 CPH

1 search Center), a clearinghouse of national data con2 cerning—

3 ‘‘(A) ballasting practices;

4 ‘‘(B) compliance with the guidelines issued

5 pursuant to section 1101(c); and

6 ‘‘(C) any other information obtained by the

7 Task Force under subsection (b).

8 ‘‘(2) REPORT.—In consultation and cooperation

9 with the Task Force and the Smithsonian Institu10 tion (acting through the Smithsonian Environmental

11 Research Center), the Secretary shall prepare and

12 submit to the Task Force and the Congress, on a bi13 annual basis, a report that synthesizes and analyzes

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

15 ‘‘(A) ballast water delivery and manage16 ment; and

17 ‘‘(B) invasions of aquatic nuisance species

18 resulting from ballast water.’’.

19 (d) ARMED SERVICES BALLAST WATER PROGRAM;

20 BALLAST WATER MANAGEMENT DEMONSTRATION PRO21 GRAM.—Subtitle B (16 U.S.C. 4701 et seq.) is amended

22 by adding at the end the following new sections:

23 ‘‘SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

24 ‘‘(a) DEPARTMENT OF DEFENSE VESSELS.—Subject

25 to operational conditions, the Secretary of Defense, in con-
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1 sultation with the Secretary, the Task Force, and the

2 International Maritime Organization, shall implement a

3 ballast water management program for seagoing vessels

4 of the Department of Defense to minimize the risk of in5 troduction of nonindigenous species from releases of bal6 last water.

7 ‘‘(b) COAST GUARD VESSELS.—Subject to oper8 ational conditions, the Secretary, in consultation with the

9 Task Force and the International Maritime Organization,

10 shall implement a ballast water management program for

11 seagoing vessels of the Coast Guard to minimize the risk

12 of introduction of nonindigenous species from releases of

13 ballast water.

14 ‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRA15 TION PROGRAM.

16 ‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—

17 For purposes of this section, the term ‘technologies and

18 practices’ means those technologies and practices that—

19 ‘‘(1) may be retrofitted—

20 ‘‘(A) on existing vessels or incorporated in

21 new vessel designs; and

22 ‘‘(B) on existing land-based ballast water

23 treatment facilities;

24 ‘‘(2) may be designed into new water treatment

25 facilities;
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1 ‘‘(3) are operationally practical;

2 ‘‘(4) are safe for a vessel and crew;

3 ‘‘(5) are environmentally sound;

4 ‘‘(6) are cost-effective;

5 ‘‘(7) a vessel operator is capable of monitoring;

6 and

7 ‘‘(8) are effective against a broad range of

8 aquatic nuisance species.

9 ‘‘(b) DEMONSTRATION PROGRAM.—

10 ‘‘(1) IN GENERAL.—During the 18-month pe11 riod beginning on the date that funds are made

12 available by appropriations pursuant to section

13 1301(e), the Secretary of the Interior and the Sec14 retary of Commerce, with the concurrence of and in

15 cooperation with the Secretary, shall conduct a bal16 last water management demonstration program to

17 demonstrate technologies and practices to prevent

18 aquatic nonindigenous species from being introduced

19 into and spread through ballast water in the Great

20 Lakes and other waters of the United States.

21 ‘‘(2) LOCATION.—The installation and con22 struction of the technologies and practices used in

23 the demonstration program conducted under this

24 subsection shall be performed in the United States.
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1 ‘‘(3) VESSEL SELECTION.—In demonstrating

2 technologies and practices on vessels under this sub3 section, the Secretary of the Interior and the Sec4 retary of Commerce, shall—

5 ‘‘(A) use only vessels that—

6 ‘‘(i) are approved by the Secretary;

7 ‘‘(ii) have ballast water systems con8 ducive to testing aboard-vessel or land9 based technologies and practices applicable

10 to a significant number of merchant ves11 sels; and

12 ‘‘(iii) are—

13 ‘‘(I) publicly or privately owned;

14 and

15 ‘‘(II) in active use for trade or

16 other cargo shipment purposes during

17 the demonstration;

18 ‘‘(B) select vessels for participation in the

19 program by giving priority consideration—

20 ‘‘(i) first, to vessels documented under

21 chapter 121 of title 46, United States

22 Code;

23 ‘‘(ii) second, to vessels that are a ma24 jority owned by citizens of the United
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1 States, as determined by the Secretary;

2 and

3 ‘‘(iii) third, to any other vessels that

4 regularly call on ports in the United

5 States; and

6 ‘‘(C) seek to use a variety of vessel types,

7 including vessels that—

8 ‘‘(i) call on ports in the United States

9 and on the Great Lakes; and

10 ‘‘(ii) are operated along major coasts

11 of the United States and inland waterways,

12 including the San Francisco Bay and

13 Chesapeake Bay.

14 ‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC15 TICES.—In selecting technologies and practices for

16 demonstration under this subsection, the Secretary

17 of the Interior and the Secretary of Commerce shall

18 give priority consideration to technologies and prac19 tices identified as promising by the National Re20 search Council Marine Board of the National Acad21 emy of Sciences in its report on ships’ ballast water

22 operations issued in July 1996.

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

24 date of enactment of the National Invasive Species

25 Act of 1996, the Secretary of the Interior and the
34

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1 Secretary of Commerce shall prepare and submit a

2 report to the Congress on the demonstration pro3 gram conducted pursuant to this section. The report

4 shall include findings and recommendations of the

5 Secretary of the Interior and the Secretary of Com6 merce concerning technologies and practices.

7 ‘‘(c) AUTHORITIES; CONSULTATION AND COOPERA8 TION WITH INTERNATIONAL MARITIME ORGANIZATION

9 AND TASK FORCE.—

10 ‘‘(1) AUTHORITIES.—In conducting the dem11 onstration program under subsection (b), the Sec12 retary of the Interior may—

13 ‘‘(A) enter into cooperative agreements

14 with appropriate officials of other agencies of

15 the Federal Government, agencies of States and

16 political subdivisions thereof, and private enti17 ties;

18 ‘‘(B) accept funds, facilities, equipment, or

19 personnel from other Federal agencies; and

20 ‘‘(C) accept donations of property and

21 services.

22 ‘‘(2) CONSULTATION AND COOPERATION.—The

23 Secretary of the Interior shall consult and cooperate

24 with the International Maritime Organization and

25 the Task Force in carrying out this section.’’.
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•HR 4283 CPH

1 (e) AMENDMENTS TO SUBTITLE C.—

2 (1) SUBTITLE HEADING.—The heading to sub3 title C (16 U.S.C. 4721 et seq.) is amended to read

4 as follows:

5 ‘‘Subtitle C—Prevention and Con6 trol of Aquatic Nuisance Species

7 Dispersal’’.

8 (2) TASK FORCE.—Section 1201 (16 U.S.C.

9 4721) is amended—

10 (A) in subsection (b)—

11 (i) by striking ‘‘and’’ at the end of

12 paragraph (5);

13 (ii) by redesignating paragraph (6) as

14 paragraph (7); and

15 (iii) by inserting after paragraph (5)

16 the following new paragraph:

17 ‘‘(6) the Secretary of Agriculture; and’’; and

18 (B) in subsection (c), by inserting ‘‘the

19 Chesapeake Bay Program, the San Francisco

20 Bay-Delta Estuary Program,’’ before ‘‘and

21 State agencies’’.

22 (3) RESEARCH PROGRAM.—Section 1202 (16

23 U.S.C. 4722) is amended—

24 (A) in subsection (f)(1)(A), by inserting

25 ‘‘and impacts’’ after ‘‘economic risks’’; and
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1 (B) in subsection (i)—

2 (i) in paragraph (1)—

3 (I) by striking ‘‘(1) IN GEN4 ERAL.—The Task Force’’ and insert5 ing the following:

6 ‘‘(1) ZEBRA MUSSEL.—

7 ‘‘(A) IN GENERAL.—The Task Force’’;

8 (II) by striking ‘‘(A) research’’

9 and inserting the following:

10 ‘‘(i) research’’;

11 (III) by striking ‘‘(B) tracking’’

12 and inserting the following:

13 ‘‘(ii) tracking’’;

14 (IV) by striking ‘‘(C) develop15 ment’’ and inserting the following:

16 ‘‘(iii) development’’; and

17 (V) by striking ‘‘(D) provision’’

18 and inserting the following:

19 ‘‘(iv) provision’’;

20 (ii) in paragraph (2), by striking ‘‘(2)

21 PUBLIC FACILITY RESEARCH AND DEVEL22 OPMENT.—’’ and inserting the following:

23 ‘‘(B) PUBLIC FACILITY RESEARCH AND

24 DEVELOPMENT.—’’;
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•HR 4283 CPH

1 (iii) in subparagraph (B) of para2 graph (1), as so redesignated, by striking

3 the first sentence and inserting the follow4 ing: ‘‘The Assistant Secretary, in consulta5 tion with the Task Force, shall develop a

6 program of research, technology develop7 ment, and demonstration for the environ8 mentally sound control of zebra mussels in

9 and around public facilities.’’;

10 (iv) in paragraph (1), by adding after

11 subparagraph (B), as so redesignated, the

12 following new subparagraph:

13 ‘‘(C) VOLUNTARY GUIDELINES.—Not later

14 than 1 year after the date of enactment of this

15 subparagraph, the Task Force shall develop and

16 submit to the Secretary voluntary guidelines for

17 controlling the spread of the zebra mussel and,

18 if appropriate, other aquatic nuisance species

19 through recreational activities, including boat20 ing and fishing. Not later than 4 months after

21 the date of such submission, and after provid22 ing notice and an opportunity for public com23 ment, the Secretary shall issue voluntary guide24 lines that are based on the guidelines developed
38

•HR 4283 CPH

1 by the Task Force under this subparagraph.’’;

2 and

3 (v) by adding at the end the following

4 new paragraphs:

5 ‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—

6 ‘‘(A) RESEARCH.—The Administrator of

7 the Environmental Protection Agency, in co8 operation with the National Science Foundation

9 and the Task Force, shall provide research

10 grants on a competitive basis for projects

11 that—

12 ‘‘(i) identify environmentally sound

13 methods for controlling the dispersal of

14 aquatic nuisance species, such as the zebra

15 mussel; and

16 ‘‘(ii) adhere to research protocols de17 veloped pursuant to subsection (f)(2).

18 ‘‘(B) AUTHORIZATION OF APPROPRIA19 TIONS.—There are authorized to be appro20 priated to the Environmental Protection Agency

21 to carry out this paragraph, $500,000.

22 ‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—

23 ‘‘(A) IN GENERAL.—The Assistant Sec24 retary, in consultation with the Task Force,

25 shall investigate and identify environmentally
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•HR 4283 CPH

1 sound methods for preventing and reducing the

2 dispersal of aquatic nuisance species between

3 the Great Lakes-Saint Lawrence drainage and

4 the Mississippi River drainage through the Chi5 cago River Ship and Sanitary Canal, including

6 any of those methods that could be incorporated

7 into the operation or construction of the lock

8 system of the Chicago River Ship and Sanitary

9 Canal.

10 ‘‘(B) REPORT.—Not later than 18 months

11 after the date of enactment of this paragraph,

12 the Assistant Secretary shall issue a report to

13 the Congress that includes recommendations

14 concerning—

15 ‘‘(i) which of the methods that are

16 identified under the study conducted under

17 this paragraph are most promising with re18 spect to preventing and reducing the dis19 persal of aquatic nuisance species; and

20 ‘‘(ii) ways to incorporate those meth21 ods into ongoing operations of the United

22 States Army Corps of Engineers that are

23 conducted at the Chicago River Ship and

24 Sanitary Canal.
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•HR 4283 CPH

1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Department of the Army, to

4 carry out this paragraph, $750,000.

5 ‘‘(4) CONTRIBUTIONS.—To the extent allowable

6 by law, in carrying out the studies under paragraphs

7 (2) and (3), the Administrator of the Environmental

8 Protection Agency and the Secretary of the Army

9 may enter into an agreement with an interested

10 party under which that party provides in kind or

11 monetary contributions for the study.

12 ‘‘(5) TECHNICAL ASSISTANCE.—The Great

13 Lakes Environmental Research Laboratory of the

14 National Oceanic and Atmospheric Administration

15 shall provide technical assistance to appropriate enti16 ties to assist in the research conducted pursuant to

17 this subsection.’’.

18 (4) IMPLEMENTATION.—Section 1202(j)(1) (16

19 U.S.C. 4722(j)(1)) is amended by striking ‘‘Not

20 later than 18 months after the date of the enact21 ment of this Act, the Director’’ and inserting ‘‘The

22 Director, the Secretary,’’.

23 (5) REGIONAL COORDINATION.—Section 1203

24 (16 U.S.C. 4723) is amended—
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1 (A) by striking the section heading and in2 serting the following:

3 ‘‘SEC. 1203. REGIONAL COORDINATION.’’;

4 (B) in subsection (a)—

5 (i) by striking ‘‘(a) IN GENERAL.—

6 Not’’ and inserting the following:

7 ‘‘(a) GREAT LAKES PANEL.—

8 ‘‘(1) IN GENERAL.—Not’’;

9 (ii) by striking ‘‘(1) identify’’ and in10 serting the following:

11 ‘‘(A) identify’’;

12 (iii) by striking ‘‘(2) make’’ and in13 serting the following:

14 ‘‘(B) make’’;

15 (iv) by striking ‘‘(3) assist’’ and in16 serting the following:

17 ‘‘(C) assist’’;

18 (v) by striking ‘‘(4) coordinate’’ and

19 inserting the following:

20 ‘‘(D) coordinate’’;

21 (vi) by striking ‘‘(5) provide’’ and in22 serting the following:

23 ‘‘(E) provide’’;

24 (vii) by striking ‘‘(6) submit’’ and in25 serting the following:
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•HR 4283 CPH

1 ‘‘(F) submit’’;

2 (viii) in paragraph (1), as so redesig3 nated—

4 (I) in the matter preceding sub5 paragraph (A), by inserting ‘‘region’’

6 before ‘‘representatives’’; and

7 (II) in subparagraphs (A)

8 through (F), by striking ‘‘Great

9 Lakes’’ each place it appears and in10 serting ‘‘Great Lakes region’’;

11 (C) by striking ‘‘(b) CONSULTATION.—The

12 Task Force’’ and inserting the following:

13 ‘‘(2) CONSULTATION.—The Task Force’’;

14 (D) by striking ‘‘(c) CANADIAN PARTICIPA15 TION.—The panel’’ and inserting the following:

16 ‘‘(3) CANADIAN PARTICIPATION.—The panel’’;

17 (E) in paragraphs (2) and (3) of sub18 section (a), as so redesignated, by striking ‘‘this

19 section’’ and inserting ‘‘this subsection’’; and

20 (F) by adding at the end the following new

21 subsections:

22 ‘‘(b) WESTERN REGIONAL PANEL.—Not later than

23 30 days after the date of enactment of the National

24 Invasive Species Act of 1996, the Task Force shall request

25 a Western regional panel, comprised of Western region
43

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1 representatives from Federal, State, and local agencies

2 and from private environmental and commercial interests,

3 to—

4 ‘‘(1) identify priorities for the Western region

5 with respect to aquatic nuisance species;

6 ‘‘(2) make recommendations to the Task Force

7 regarding an education, monitoring (including in8 spection), prevention, and control program to pre9 vent the spread of the zebra mussel west of the

10 100th Meridian pursuant to section 1202(i) of this

11 Act;

12 ‘‘(3) coordinate, where possible, other aquatic

13 nuisance species program activities in the Western

14 region that are not conducted pursuant to this Act;

15 ‘‘(4) develop an emergency response strategy

16 for Federal, State, and local entities for stemming

17 new invasions of aquatic nuisance species in the re18 gion;

19 ‘‘(5) provide advice to public and private indi20 viduals and entities concerning methods of prevent21 ing and controlling aquatic nuisance species infesta22 tions; and

23 ‘‘(6) submit annually a report to the Task

24 Force describing activities within the Western region
44

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1 related to aquatic nuisance species prevention, re2 search, and control.

3 ‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task

4 Force shall—

5 ‘‘(1) encourage the development and use of re6 gional panels and other similar entities in regions in

7 addition to the Great Lakes and Western regions

8 (including providing financial assistance for the de9 velopment and use of such entities) to carry out,

10 with respect to those regions, activities that are

11 similar to the activities described in subsections (a)

12 and (b); and

13 ‘‘(2) cooperate with regional panels and similar

14 entities that carry out the activities described in

15 paragraph (1).’’.

16 (6) STATE OR INTERSTATE WATERSHED

17 AQUATIC NUISANCE SPECIES MANAGEMENT PLAN.—

18 Section 1204 (16 U.S.C. 4724) is amended—

19 (A) in subsection (a)—

20 (i) by striking the subsection designa21 tion and heading and inserting the follow22 ing:

23 ‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES

24 MANAGEMENT PLANS.—’’;

25 (ii) in paragraph (1)—
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1 (I) by striking the matter preced2 ing subparagraph (A) and inserting

3 the following:

4 ‘‘(1) IN GENERAL.—After providing notice and

5 opportunity for public comment, the Governor of

6 each State may prepare and submit, or the Gov7 ernors of the States and the governments of the In8 dian tribes involved in an interstate organization,

9 may jointly prepare and submit—’’;

10 (II) in subparagraph (A), by

11 striking ‘‘technical and financial as12 sistance’’ and inserting ‘‘technical, en13 forcement, or financial assistance (or

14 any combination thereof)’’; and

15 (III) in subparagraphs (A) and

16 (B), by inserting ‘‘or within the inter17 state region involved’’ after ‘‘within

18 the State’’ each place it appears;

19 (iii) in paragraph (2)—

20 (I) in subparagraph (B), by

21 striking ‘‘and’’ at the end of the sub22 paragraph;

23 (II) by redesignating subpara24 graph (C) as subparagraph (D);
46

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1 (III) by inserting after subpara2 graph (B) the following:

3 ‘‘(C) identify any authority that the State

4 (or any State or Indian tribe involved in the

5 interstate organization) does not have at the

6 time of the development of the plan that may

7 be necessary for the State (or any State or In8 dian tribe involved in the interstate organiza9 tion) to protect public health, property, and the

10 environment from harm by aquatic nuisance

11 species; and’’; and

12 (IV) in subparagraph (D), as so

13 redesignated, by inserting ‘‘, and ena14 bling legislation’’ before the period;

15 (iv) in paragraph (3)—

16 (I) in subparagraph (A)—

17 (aa) by inserting ‘‘or inter18 state organization’’ after ‘‘the

19 State’’; and

20 (bb) by inserting ‘‘Indian

21 tribes,’’ after ‘‘local governments

22 and regional entities,’’; and

23 (II) in subparagraph (B), by in24 serting ‘‘or the appropriate official of
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1 an interstate organization’’ after ‘‘a

2 State’’; and

3 (v) in paragraph (4), by inserting ‘‘or

4 the interstate organization’’ after ‘‘the

5 Governor’’;

6 (B) in subsection (b)(1)—

7 (i) by striking ‘‘or the Assistant Sec8 retary, as appropriate under subsection

9 (a),’’; and

10 (ii) by striking ‘‘approved manage11 ment plans’’ and inserting ‘‘management

12 plans approved under subsection (a)’’; and

13 (C) by adding at the end the following new

14 subsection:

15 ‘‘(c) ENFORCEMENT ASSISTANCE.—Upon request of

16 a State or Indian tribe, the Director or the Under Sec17 retary, to the extent allowable by law and in a manner

18 consistent with section 141 of title 14, United States

19 Code, may provide assistance to a State or Indian tribe

20 in enforcing an approved State or interstate invasive spe21 cies management plan.’’.

22 (f) AUTHORIZATIONS OF APPROPRIATIONS.—Section

23 1301 (16 U.S.C. 4741) is amended—

24 (1) in subsection (a)—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (2);

3 (B) by striking paragraph (3) and insert4 ing the following;

5 ‘‘(3) to the Secretary to carry out section

6 1101—

7 ‘‘(A) $2,000,000 for each of fiscal years

8 1997 and 1998; and

9 ‘‘(B) $3,000,000 for each of fiscal years

10 1999 through 2002;’’; and

11 (C) by adding at the end the following new

12 paragraphs:

13 ‘‘(4) for each of fiscal years 1997 through

14 2002, to carry out paragraphs (1) and (2) of section

15 1102(b)—

16 ‘‘(A) $1,000,000 to the Department of the

17 Interior, to be used by the Director; and

18 ‘‘(B) $1,000,000 to the Secretary; and

19 ‘‘(5) for each of fiscal years 1997 through

20 2002—

21 ‘‘(A) $3,000,000, which shall be made

22 available from funds otherwise authorized to be

23 appropriated if such funds are so authorized, to

24 the Under Secretary to carry out section

25 1102(e); and
49

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1 ‘‘(B) $500,000 to the Secretary to carry

2 out section 1102(f).’’;

3 (2) in subsection (b)—

4 (A) in the matter preceding paragraph (1),

5 by striking ‘‘1991, 1992, 1993, 1994, and

6 1995’’ and inserting ‘‘1997 through 2002’’; and

7 (B) by striking paragraphs (1) through (7)

8 and inserting the following:

9 ‘‘(1) $6,000,000 to the Department of the Inte10 rior, to be used by the Director to carry out sections

11 1202 and 1209;

12 ‘‘(2) $1,000,000 to the Department of Com13 merce, to be used by the Under Secretary to carry

14 out section 1202;

15 ‘‘(3) $1,625,000, which shall be made available

16 from funds otherwise authorized to be appropriated

17 if such funds are so authorized, to fund aquatic nui18 sance species prevention and control research under

19 section 1202(i) at the Great Lakes Environmental

20 Research Laboratory of the National Oceanic and

21 Atmospheric Administration, of which $500,000

22 shall be made available for grants, to be competi23 tively awarded and subject to peer review, for re24 search relating to Lake Champlain;
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1 ‘‘(4) $5,000,000 for competitive grants for uni2 versity research on aquatic nuisance species under

3 section 1202(f)(3) as follows:

4 ‘‘(A) $2,800,000, which shall be made

5 available from funds otherwise authorized to be

6 appropriated if such funds are so authorized, to

7 fund grants under section 205 of the National

8 Sea Grant College Program Act (33 U.S.C.

9 1124);

10 ‘‘(B) $1,200,000 to fund grants to colleges

11 for the benefit of agriculture and the mechanic

12 arts referred to in the first section of the Act

13 of August 30, 1890 (26 Stat. 417, chapter 841;

14 7 U.S.C. 322); and

15 ‘‘(C) $1,000,000 to fund grants through

16 the Cooperative Fisheries and Wildlife Research

17 Unit Program of the United States Fish and

18 Wildlife Service;

19 ‘‘(5) $3,000,000 to the Department of the

20 Army, to be used by the Assistant Secretary to carry

21 out section 1202(i)(1)(B); and

22 ‘‘(6) $300,000 to the Department of the Inte23 rior, to be used by the Director to fund regional

24 panels and similar entities under section 1203, of
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1 which $100,000 shall be used to fund activities of

2 the Great Lakes Commission.’’;

3 (3) by striking subsection (c) and inserting the

4 following:

5 ‘‘(c) GRANTS FOR STATE MANAGEMENT PRO6 GRAMS.—There are authorized to be appropriated for each

7 of fiscal years 1997 through 2002 $4,000,000 to the De8 partment of the Interior, to be used by the Director for

9 making grants under section 1204, of which $1,500,000

10 shall be used by the Director, in consultation with the As11 sistant Secretary, for management of aquatic nuisance

12 vegetation species.’’; and

13 (4) by adding at the end the following new sub14 sections:

15 ‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRA16 TION PROGRAM.—There are authorized to be appropriated

17 $2,500,000 to carry out section 1104.

18 ‘‘(f) RESEARCH.—There are authorized to be appro19 priated to the Director $1,000,000 to carry out research

20 on the prevention, monitoring, and control of aquatic nui21 sance species in Narragansett Bay, Rhode Island. The

22 funds shall be made available for use by the Department

23 of Environmental Management of the State of Rhode Is24 land.’’.
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1 (g) REFERENCES TO APPROPRIATE COMMITTEES.—

2 The Act (16 U.S.C. 4701 et seq.) is amended by striking

3 ‘‘appropriate Committees’’ each place it appears and in4 serting ‘‘Congress’’.

5 (h) TECHNICAL CORRECTIONS.—Public Law 101–

6 646 (16 U.S.C. 4701 et seq.) is amended—

7 (1) in titles I, II, and IV, by striking the

8 quotation marks at the beginning of any title, sub9 title, section, subsection, paragraph, subparagraph,

10 clause, subclause, or undesignated provision;

11 (2) at the end of titles II and IV, by striking

12 the closing quotation marks and the final period;

13 and

14 (3) in section 1003—

15 (A) by striking each single opening

16 quotation mark and inserting double opening

17 quotation marks; and

18 (B) by striking each single closing

19 quotation mark and inserting double closing

20 quotations marks.

21 SEC. 3. STATUTORY CONSTRUCTION.

22 Nothing in this Act or the amendments made by this

23 Act is intended to affect the authorities and responsibil24 ities of the Great Lakes Fishery Commission established

25 under article II of the Convention on Great Lakes Fish-
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1 eries between the United States of America and Canada,

2 signed at Washington on September 10, 1954 (hereafter

3 in this section referred to as the ‘‘Convention’’), including

4 the authorities and responsibilities of the Great Lakes

5 Fishery Commission—

6 (1) for developing and implementing a com7 prehensive program for eradicating or minimizing

8 populations of sea lamprey in the Great Lakes wa9 tershed; and

10 (2) carrying out the duties of the Commission

11 specified in the Convention (including any amend12 ment thereto) and the Great Lakes Fishery Act of

13 1956 (16 U.S.C. 931 et seq.).

Æ