H. R. 4283

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

(a) IN GENERAL.—This Act may be cited as the ‘‘National

Invasive Species Act of 1996’’.

(b) REFERENCES.—Whenever in this Act an amendment or

repeal is expressed in terms of an amendment to or repeal of

a section or other provision, the reference shall be considered to

be made to a section or other provision of the Nonindigenous Aquatic

Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701

et seq.).

SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE

PREVENTION AND CONTROL ACT OF 1990.

(a) FINDINGS; DEFINITIONS.— (1) FINDINGS.—Section 1002(a) (16 U.S.C. 4701(a)) is

amended—

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

the following new paragraphs:

‘‘(2) when environmental conditions are favorable, nonindigenous species become established, may compete with or

prey upon native species of plants, fish, and wildlife, may

carry diseases or parasites that affect native species, and may

disrupt the aquatic environment and economy of affected nearshore areas;

‘‘(3) the zebra mussel was unintentionally introduced into

the Great Lakes and has infested—

‘‘(A) waters south of the Great Lakes, into a good

portion of the Mississippi River drainage;

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

River in Oklahoma; and

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

River and Lake Champlain;’’;

(B) in paragraph (4)—

(i) by inserting ‘‘by the zebra mussel and ruffe,

round goby, and other nonindigenous species’’ after

‘‘other species’’; and

(ii) by striking ‘‘and’’ at the end;

(C) in paragraph (5), by striking the period and

inserting a semicolon; and

(D) by adding at the end the following new paragraphs:
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‘‘(6) in 1992, the zebra mussel was discovered at the

northernmost reaches of the Chesapeake Bay watershed;

‘‘(7) the zebra mussel poses an imminent risk of invasion

in the main waters of the Chesapeake Bay;

‘‘(8) since the Chesapeake Bay is the largest recipient of

foreign ballast water on the East Coast, there is a risk of

further invasions of other nonindigenous species;

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

of nonindigenous species that have become established in

waters of the United States and may be causing economic

and ecological degradation with respect to the natural resources

of waters of the United States;

‘‘(10) since their introduction in the early 1980’s in ballast

water discharges, ruffe—

‘‘(A) have caused severe declines in populations of other

species of fish in Duluth Harbor (in Minnesota and

Wisconsin);

‘‘(B) have spread to Lake Huron; and

‘‘(C) are likely to spread quickly to most other waters

in North America if action is not taken promptly to control

their spread;

‘‘(11) examples of nonindigenous species that, as of the

date of enactment of the National Invasive Species Act of

1996, infest coastal waters of the United States and that have

the potential for causing adverse economic and ecological effects

include—

‘‘(A) the mitten crab (Eriocher sinensis) that has

become established on the Pacific Coast;

‘‘(B) the green crab (Carcinus maenas) that has become

established in the coastal waters of the Atlantic Ocean;

‘‘(C) the brown mussel (Perna perna) that has become

established along the Gulf of Mexico; and

‘‘(D) certain shellfish pathogens;

‘‘(12) many aquatic nuisance vegetation species, such as

Eurasian watermilfoil, hydrilla, water hyacinth, and water

chestnut, have been introduced to waters of the United States

from other parts of the world causing or having a potential

to cause adverse environmental, ecological, and economic

effects;

‘‘(13) if preventive management measures are not taken

nationwide to prevent and control unintentionally introduced

nonindigenous aquatic species in a timely manner, further

introductions and infestations of species that are as destructive

as, or more destructive than, the zebra mussel or the ruffe

infestations may occur;

‘‘(14) once introduced into waters of the United States,

aquatic nuisance species are unintentionally transported and

introduced into inland lakes and rivers by recreational boaters,

commercial barge traffic, and a variety of other pathways;

and

‘‘(15) resolving the problems associated with aquatic

nuisance species will require the participation and cooperation

of the Federal Government and State governments, and investment in the development of prevention technologies.’’.

(2) DEFINITIONS.—Section 1003 (16 U.S.C. 4702) is

amended—
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(A) by striking paragraph (1) and redesignating

paragraphs (2) through (8) as paragraphs (1) through (7),

respectively;

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

(A) of this paragraph, by striking ‘‘assistant Secretary’’

and inserting ‘‘Assistant Secretary’’;

(C) by redesignating paragraphs (9) through (15) as

paragraphs (11) through (17), respectively; and

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

by subparagraph (A) of this paragraph, the following:

‘‘(8) ‘Great Lakes region’ means the 8 States that border

on the Great Lakes;

‘‘(9) ‘Indian tribe’ means any Indian tribe, band, nation,

or other organized group or community, including any Alaska

Native village or regional corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.)) that is recognized as eligible for

the special programs and services provided by the United States

to Indians because of their status as Indians;

‘‘(10) ‘interstate organization’ means an entity—

‘‘(A) established by—

‘‘(i) an interstate compact that is approved by

Congress;

‘‘(ii) a Federal statute; or

‘‘(iii) a treaty or other international agreement

with respect to which the United States is a party;

and

‘‘(B)(i) that represents 2 or more—

‘‘(I) States or political subdivisions thereof; or

‘‘(II) Indian tribes; or

‘‘(ii) that represents—

‘‘(I) 1 or more States or political subdivisions

thereof; and

‘‘(II) 1 or more Indian tribes; or

‘‘(iii) that represents the Federal Government and 1

or more foreign governments; and

‘‘(C) has jurisdiction over, serves as forum for coordinating, or otherwise has a role or responsibility for the

management of, any land or other natural resource;’’.

(b) AQUATIC NUISANCE SPECIES CONTROL PROGRAM.— (1) AMENDMENT TO HEADING.—The heading to subtitle B

(16 U.S.C. 4711 et seq.) is amended to read as follows:

‘‘Subtitle B—Prevention of Unintentional

Introductions of Nonindigenous Aquatic

Species’’.

(2) AQUATIC NUISANCE SPECIES.—Section 1101 (16 U.S.C.

4711) is amended to read as follows:

‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED

STATES.

‘‘(a) GREAT LAKES GUIDELINES.—

‘‘(1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, the Secretary shall issue voluntary

guidelines to prevent the introduction and spread of aquatic
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nuisance species into the Great Lakes through the exchange

of ballast water of vessels prior to entering those waters.

‘‘(2) CONTENT OF GUIDELINES.—The guidelines issued under

this subsection shall—

‘‘(A) ensure to the maximum extent practicable that

ballast water containing aquatic nuisance species is not

discharged into the Great Lakes;

‘‘(B) protect the safety of—

‘‘(i) each vessel; and

‘‘(ii) the crew and passengers of each vessel;

‘‘(C) take into consideration different vessel operating

conditions; and

‘‘(D) be based on the best scientific information

available.

‘‘(b) REGULATIONS.—

‘‘(1) IN GENERAL.—Not later than 2 years after the date

of enactment of this Act, the Secretary, in consultation with

the Task Force, shall issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great

Lakes through the ballast water of vessels.

‘‘(2) CONTENT OF REGULATIONS.—The regulations issued

under this subsection shall—

‘‘(A) apply to all vessels equipped with ballast water

tanks that enter a United States port on the Great Lakes

after operating on the waters beyond the exclusive economic

zone;

‘‘(B) require a vessel to—

‘‘(i) carry out exchange of ballast water on the

waters beyond the exclusive economic zone prior to

entry into any port within the Great Lakes;

‘‘(ii) carry out an exchange of ballast water in

other waters where the exchange does not pose a threat

of infestation or spread of aquatic nuisance species

in the Great Lakes and other waters of the United

States, as recommended by the Task Force under

section 1102(a)(1); or

‘‘(iii) use environmentally sound alternative ballast

water management methods if the Secretary determines that such alternative methods are as effective

as ballast water exchange in preventing and controlling

infestations of aquatic nuisance species;

‘‘(C) not affect or supersede any requirements or

prohibitions pertaining to the discharge of ballast water

into waters of the United States under the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.);

‘‘(D) provide for sampling procedures to monitor compliance with the requirements of the regulations;

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

Lakes if the master of the vessel has not certified to the

Secretary or the Secretary’s designee by not later than

the departure of that vessel from the first lock in the

St. Lawrence Seaway that the vessel has complied with

the requirements of the regulations;

‘‘(F) protect the safety of—

‘‘(i) each vessel; and

‘‘(ii) the crew and passengers of each vessel;
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‘‘(G) take into consideration different operating

conditions; and

‘‘(H) be based on the best scientific information

available.

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

promulgating regulations under paragraph (1), the Secretary,

in consultation with the Task Force, shall, not later than

November 4, 1994, issue regulations to prevent the introduction

and spread of aquatic nuisance species into the Great Lakes

through ballast water carried on vessels that enter a

United States port on the Hudson River north of the George

Washington Bridge.

‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—

The Secretary may carry out education and technical assistance

programs and other measures to promote compliance with the

regulations issued under this subsection.

‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—

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

of enactment of the National Invasive Species Act of 1996,

and after providing notice and an opportunity for public comment, the Secretary shall issue voluntary guidelines to prevent

the introduction and spread of nonindigenous species in waters

of the United States by ballast water operations and other

operations of vessels equipped with ballast water tanks.

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

issued under this subsection shall—

‘‘(A) ensure to the maximum extent practicable that

aquatic nuisance species are not discharged into waters

of the United States from vessels;

‘‘(B) apply to all vessels equipped with ballast water

tanks that operate in waters of the United States;

‘‘(C) protect the safety of—

‘‘(i) each vessel; and

‘‘(ii) the crew and passengers of each vessel;

‘‘(D) direct a vessel that is carrying ballast water into

waters of the United States after operating beyond the

exclusive economic zone to—

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

the vessel in waters beyond the exclusive economic

zone;

‘‘(ii) exchange the ballast water of the vessel in

other waters where the exchange does not pose a threat

of infestation or spread of nonindigenous species in

waters of the United States, as recommended by the

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

‘‘(iii) use environmentally sound alternative ballast

water management methods, including modification of

the vessel ballast water tanks and intake systems,

if the Secretary determines that such alternative

methods are at least as effective as ballast water

exchange in preventing and controlling infestations of

aquatic nuisance species;

‘‘(E) direct vessels to carry out management practices

that the Secretary determines to be necessary to reduce

the probability of unintentional nonindigenous species

transfer resulting from—
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‘‘(i) ship operations other than ballast water

discharge; and

‘‘(ii) ballasting practices of vessels that enter

waters of the United States with no ballast water

on board;

‘‘(F) provide for the keeping of records that shall be

submitted to the Secretary, as prescribed by the guidelines,

and that shall be maintained on board each vessel and

made available for inspection, upon request of the Secretary

and in a manner consistent with subsection (i), in order

to enable the Secretary to determine compliance with the

guidelines, including—

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

referred to in clause (ii), reporting on the precise location and thoroughness of the exchange; and

‘‘(ii) any other information that the Secretary

considers necessary to assess the rate of effective

compliance with the guidelines;

‘‘(G) provide for sampling procedures to monitor

compliance with the guidelines;

‘‘(H) take into consideration—

‘‘(i) vessel types;

‘‘(ii) variations in the characteristics of point of

origin and receiving water bodies;

‘‘(iii) variations in the ecological conditions of

waters and coastal areas of the United States; and

‘‘(iv) different operating conditions;

‘‘(I) be based on the best scientific information

available;

‘‘(J) not affect or supersede any requirements or

prohibitions pertaining to the discharge of ballast water

into waters of the United States under the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.); and

‘‘(K) provide an exemption from ballast water exchange

requirements to passenger vessels with operating ballast

water systems that are equipped with treatment systems

designed to kill aquatic organisms in ballast water, unless

the Secretary determines that such treatment systems are

less effective than ballast water exchange at reducing the

risk of transfers of invasive species in the ballast water

of passenger vessels; and

‘‘(L) not apply to crude oil tankers engaged in the

coastwise trade.

‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—

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

National Invasive Species Act of 1996, the Secretary shall carry

out education and technical assistance programs and other

measures to encourage compliance with the guidelines issued

under this subsection.

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

the date of issuance of guidelines pursuant to subsection (c) and

not later than 30 months after such date, and after consultation

with interested and affected persons, the Secretary shall prepare

and submit to Congress a report containing the information required

pursuant to paragraphs (1) and (2) of subsection (e).

‘‘(e) PERIODIC REVIEW AND REVISION.—
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‘‘(1) IN GENERAL.—Not later than 3 years after the date

of issuance of guidelines pursuant to subsection (c), and not

less frequently than every 3 years thereafter, the Secretary

shall, in accordance with criteria developed by the Task Force

under paragraph (3)—

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

voluntary guidelines issued under subsection (c) and the

regulations promulgated under this Act;

‘‘(B) establish the rate of compliance that is based

on the assessment under subparagraph (A);

‘‘(C) assess the effectiveness of the voluntary guidelines

and regulations referred to in subparagraph (A) in reducing

the introduction and spread of aquatic nuisance species

by vessels; and

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

information available—

‘‘(i) revise the guidelines and regulations referred

to in subparagraph (A);

‘‘(ii) promulgate additional regulations pursuant

to subsection (f)(1); or

‘‘(iii) carry out each of clauses (i) and (ii).

‘‘(2) SPECIAL REVIEW AND REVISION.—Not later than 90

days after the Task Force makes a request to the Secretary

for a special review and revision for coastal and inland waterways designated by the Task Force, the Secretary shall—

‘‘(A) conduct a special review of guidelines and regulations applicable to those waterways in accordance with

the review procedures under paragraph (1); and

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

under paragraph (1)(D)—

‘‘(i) revise those guidelines;

‘‘(ii) promulgate additional regulations pursuant

to subsection (f)(1); or

‘‘(iii) carry out each of clauses (i) and (ii).

‘‘(3) CRITERIA FOR EFFECTIVENESS.—Not later than 18

months after the date of enactment of the National Invasive

Species Act of 1996, the Task Force shall submit to the

Secretary criteria for determining the adequacy and effectiveness of the voluntary guidelines issued under subsection (c).

‘‘(f) AUTHORITY OF SECRETARY.— ‘‘(1) GENERAL REGULATIONS.—If, on the basis of a periodic

review conducted under subsection (e)(1) or a special review

conducted under subsection (e)(2), the Secretary determines

that—

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

by the Secretary) with the guidelines issued pursuant to

subsection (c) is inadequate; or

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

guidelines is not adequate for the Secretary to assess the

compliance with those guidelines and provide a rate of

compliance of vessels, including the assessment of the rate

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

the Secretary shall promptly promulgate regulations that meet

the requirements of paragraph (2).

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

promulgated by the Secretary under paragraph (1)—

‘‘(A) shall—
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‘‘(i) not be promulgated sooner than 180 days

following the issuance of the report to Congress

submitted pursuant to subsection (d);

‘‘(ii) make mandatory the requirements included

in the voluntary guidelines issued under subsection

(c); and

‘‘(iii) provide for the enforcement of the regulations; and

‘‘(B) may be regional in scope.

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

revise regulations promulgated under this subsection to the

extent required to make such regulations consistent with the

treatment of a particular matter in any international agreement, agreed to by the United States, governing management

of the transfer of nonindigenous aquatic species by vessel.

‘‘(g) SANCTIONS.—

‘‘(1) CIVIL PENALTIES.—Any person who violates a regulation promulgated under subsection (b) or (f) shall be liable

for a civil penalty in an amount not to exceed $25,000. Each

day of a continuing violation constitutes a separate violation.

A vessel operated in violation of the regulations is liable in

rem for any civil penalty assessed under this subsection for

that violation.

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

violates the regulations promulgated under subsection (b) or

(f) is guilty of a class C felony.

‘‘(3) REVOCATION OF CLEARANCE.—Upon request of the

Secretary, the Secretary of the Treasury shall withhold or

revoke the clearance of a vessel required by section 4197 of

the Revised Statutes (46 U.S.C. App. 91), if the owner or

operator of that vessel is in violation of the regulations issued

under subsection (b) or (f).

‘‘(4) EXCEPTION TO SANCTIONS.—This subsection does not

apply to a failure to exchange ballast water if—

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

that the exchange of ballast water will threaten the safety

or stability of the vessel, its crew, or its passengers; and

‘‘(B) the recordkeeping and reporting requirements of

the Act are complied with.

‘‘(h) COORDINATION WITH OTHER AGENCIES.—In carrying out

the programs under this section, the Secretary is encouraged to

use, to the maximum extent practicable, the expertise, facilities,

members, or personnel of established agencies and organizations

that have routine contact with vessels, including the Animal and

Plant Health Inspection Service of the Department of Agriculture,

the National Cargo Bureau, port administrations, and ship pilots’

associations.

‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND OTHER FOREIGN

GOVERNMENTS.—In developing the guidelines issued and regulations promulgated under this section, the Secretary is encouraged

to consult with the Government of Canada, the Government of

Mexico, and any other government of a foreign country that the

Secretary, in consultation with the Task Force, determines to be

necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of

nonindigenous species.
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‘‘(j) INTERNATIONAL COOPERATION.—The Secretary, in cooperation with the International Maritime Organization of the United

Nations and the Commission on Environmental Cooperation established pursuant to the North American Free Trade Agreement,

is encouraged to enter into negotiations with the governments of

foreign countries to develop and implement an effective international program for preventing the unintentional introduction and

spread of nonindigenous species.

‘‘(k) SAFETY EXEMPTION.—

‘‘(1) MASTER DISCRETION.—The master of a vessel is not

required to conduct a ballast water exchange if the master

decides that the exchange would threaten the safety or stability

of the vessel, its crew, or its passengers because of adverse

weather, vessel architectural design, equipment failure, or any

other extraordinary conditions.

‘‘(2) OTHER REQUIREMENTS.—(A) IN GENERAL.—Except as

provided in subparagraph (B), a vessel that does not exchange

ballast water on the high seas under paragraph (1) shall not

be restricted from discharging ballast water in any harbor.

‘‘(B) GREAT LAKES.—Subparagraph (A) shall not apply in

a case in which a vessel is subject to the regulations issued

by the Secretary under subsection (b).

‘‘(3) CRUDE OIL TANKER BALLAST FACILITY STUDY.—(A)

Within 60 days of the date of enactment of this Act, the

Secretary of the department in which the Coast Guard is operating, in consultation with the Under Secretary of Commerce

for Oceans and Atmosphere, affected shoreside ballast water

facility operators, affected crude oil tanker operators, and

interested parties, shall initiate a study of the effectiveness

of existing shoreside ballast water facilities used by crude oil

tankers in the coastwise trade off Alaska in preventing the

introduction of nonindigenous aquatic species into the waters

off Alaska, as well as the cost and feasibility of modifying

such facilities to improve such effectiveness.

‘‘(B) The study required under subparagraph (A) shall be

submitted to the Congress by no later than October 1, 1997.

‘‘(l) NON-DISCRIMINATION.—The Secretary shall ensure that

vessels registered outside of the United States do not receive more

favorable treatment than vessels registered in the United States

when the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any other

responsibilities under this Act.’’.

(c) NATIONAL BALLAST WATER MANAGEMENT INFORMATION.— Section 1102 (16 U.S.C. 4712) is amended—

(1) by striking the section heading and inserting the

following:

‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.’’;

(2) in subsection (a)—

(A) in paragraphs (1) and (2), by inserting ‘‘, in cooperation with the Secretary,’’ before ‘‘shall conduct’’ each place

it appears;

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

and other’’ after ‘‘economic uses of’’;

(3) by striking subsection (b) and inserting the following:

‘‘(b) ECOLOGICAL AND BALLAST WATER DISCHARGE SURVEYS.—

‘‘(1) ECOLOGICAL SURVEYS.—
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‘‘(A) IN GENERAL.—The Task Force, in cooperation with

the Secretary, shall conduct ecological surveys of the

Chesapeake Bay, San Francisco Bay, and Honolulu Harbor

and, as necessary, of other estuaries of national significance

and other waters that the Task Force determines—

‘‘(i) to be highly susceptible to invasion by aquatic

nuisance species resulting from ballast water operations and other operations of vessels; and

‘‘(ii) to require further study.

‘‘(B) REQUIREMENTS FOR SURVEYS.—In conducting the

surveys under this paragraph, the Task Force shall, with

respect to each such survey—

‘‘(i) examine the attributes and patterns of invasions of aquatic nuisance species; and

‘‘(ii) provide an estimate of the effectiveness of

ballast water management and other vessel management guidelines issued and regulations promulgated

under this subtitle in abating invasions of aquatic

nuisance species in the waters that are the subject

of the survey.

‘‘(2) BALLAST WATER DISCHARGE SURVEYS.—

‘‘(A) IN GENERAL.—The Secretary, in cooperation with

the Task Force, shall conduct surveys of ballast water

discharge rates and practices in the waters referred to

in paragraph (1)(A) on the basis of the criteria under

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

‘‘(B) REQUIREMENTS FOR SURVEYS.—In conducting the

surveys under this paragraph, the Secretary shall—

‘‘(i) examine the rate of, and trends in, ballast

water discharge in the waters that are the subject

of the survey; and

‘‘(ii) assess the effectiveness of voluntary guidelines

issued, and regulations promulgated, under this subtitle in altering ballast water discharge practices to

reduce the probability of accidental introductions of

aquatic nuisance species.

‘‘(3) COLUMBIA RIVER.—The Secretary, in cooperation with

the Task Force and academic institutions in each of the States

affected, shall conduct an ecological and ballast water discharge

survey of the Columbia River system consistent with the

requirements of paragraphs (1) and (2).’’; and

(4) by adding at the end the following new subsections:

‘‘(e) REGIONAL RESEARCH GRANTS.—Out of amounts appropriated to carry out this subsection for a fiscal year, the Under

Secretary may—

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

on aquatic nuisance species prevention and control in the

Chesapeake Bay through grants, to be competitively awarded

and subject to peer review, to universities and research institutions;

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

on aquatic nuisance species prevention and control in the Gulf

of Mexico through grants, to be competitively awarded and

subject to peer review, to universities and research institutions;

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

on aquatic nuisance species prevention and control for the
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Pacific Coast through grants, to be competitively awarded and

subject to peer review, to universities and research institutions; ‘‘(4) make available not to exceed $500,000 to fund research

on aquatic nuisance species prevention and control for the

Atlantic Coast through grants, to be competitively awarded

and subject to peer review, to universities and research institutions; and ‘‘(5) make available not to exceed $750,000 to fund research

on aquatic nuisance species prevention and control in the San

Francisco Bay-Delta Estuary through grants, to be competitively awarded and subject to peer review, to universities and

research institutions.

‘‘(f) NATIONAL BALLAST INFORMATION CLEARINGHOUSE.— ‘‘(1) IN GENERAL.—The Secretary shall develop and maintain, in consultation and cooperation with the Task Force and

the Smithsonian Institution (acting through the Smithsonian

Environmental Research Center), a clearinghouse of national

data concerning—

‘‘(A) ballasting practices;

‘‘(B) compliance with the guidelines issued pursuant

to section 1101(c); and

‘‘(C) any other information obtained by the Task Force

under subsection (b).

‘‘(2) REPORT.—In consultation and cooperation with the

Task Force and the Smithsonian Institution (acting through

the Smithsonian Environmental Research Center), the

Secretary shall prepare and submit to the Task Force and

the Congress, on a biannual basis, a report that synthesizes

and analyzes the data referred to in paragraph (1) relating

to—

‘‘(A) ballast water delivery and management; and

‘‘(B) invasions of aquatic nuisance species resulting

from ballast water.’’.

(d) ARMED SERVICES BALLAST WATER PROGRAM; BALLAST

WATER MANAGEMENT DEMONSTRATION PROGRAM.—Subtitle B (16

U.S.C. 4701 et seq.) is amended by adding at the end the following

new sections:

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

‘‘(a) DEPARTMENT OF DEFENSE VESSELS.—Subject to operational

conditions, the Secretary of Defense, in consultation with the

Secretary, the Task Force, and the International Maritime

Organization, shall implement a ballast water management program for seagoing vessels of the Department of Defense to minimize

the risk of introduction of nonindigenous species from releases

of ballast water.

‘‘(b) COAST GUARD VESSELS.—Subject to operational conditions,

the Secretary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water

management program for seagoing vessels of the Coast Guard to

minimize the risk of introduction of nonindigenous species from

releases of ballast water.

‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION

PROGRAM.

‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—For purposes of

this section, the term ‘technologies and practices’ means those technologies and practices that—
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‘‘(1) may be retrofitted—

‘‘(A) on existing vessels or incorporated in new vessel

designs; and

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

facilities;

‘‘(2) may be designed into new water treatment facilities;

‘‘(3) are operationally practical;

‘‘(4) are safe for a vessel and crew;

‘‘(5) are environmentally sound;

‘‘(6) are cost-effective;

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

‘‘(8) are effective against a broad range of aquatic nuisance

species.

‘‘(b) DEMONSTRATION PROGRAM.—

‘‘(1) IN GENERAL.—During the 18-month period beginning

on the date that funds are made available by appropriations

pursuant to section 1301(e), the Secretary of the Interior and

the Secretary of Commerce, with the concurrence of and in

cooperation with the Secretary, shall conduct a ballast water

management demonstration program to demonstrate technologies and practices to prevent aquatic nonindigenous species

from being introduced into and spread through ballast water

in the Great Lakes and other waters of the United States.

‘‘(2) LOCATION.—The installation and construction of the

technologies and practices used in the demonstration program

conducted under this subsection shall be performed in the

United States.

‘‘(3) VESSEL SELECTION.—In demonstrating technologies

and practices on vessels under this subsection, the Secretary

of the Interior and the Secretary of Commerce, shall—

‘‘(A) use only vessels that—

‘‘(i) are approved by the Secretary;

‘‘(ii) have ballast water systems conducive to testing aboard-vessel or land-based technologies and

practices applicable to a significant number of merchant vessels; and

‘‘(iii) are—

‘‘(I) publicly or privately owned; and

‘‘(II) in active use for trade or other cargo

shipment purposes during the demonstration;

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

by giving priority consideration—

‘‘(i) first, to vessels documented under chapter 121

of title 46, United States Code;

‘‘(ii) second, to vessels that are a majority owned

by citizens of the United States, as determined by

the Secretary; and

‘‘(iii) third, to any other vessels that regularly call

on ports in the United States; and

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

vessels that—

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

the Great Lakes; and

‘‘(ii) are operated along major coasts of the United

States and inland waterways, including the San

Francisco Bay and Chesapeake Bay.
H. R.4283—13

‘‘(4) SELECTION OF TECHNOLOGIES AND PRACTICES.—In

selecting technologies and practices for demonstration under

this subsection, the Secretary of the Interior and the Secretary

of Commerce shall give priority consideration to technologies

and practices identified as promising by the National Research

Council Marine Board of the National Academy of Sciences

in its report on ships’ ballast water operations issued in July

1996.

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

enactment of the National Invasive Species Act of 1996, the

Secretary of the Interior and the Secretary of Commerce shall

prepare and submit a report to the Congress on the demonstration program conducted pursuant to this section. The report

shall include findings and recommendations of the Secretary

of the Interior and the Secretary of Commerce concerning technologies and practices.

‘‘(c) AUTHORITIES; CONSULTATION AND COOPERATION WITH

INTERNATIONAL MARITIME ORGANIZATION AND TASK FORCE.— ‘‘(1) AUTHORITIES.—In conducting the demonstration

program under subsection (b), the Secretary of the Interior

may—

‘‘(A) enter into cooperative agreements with appropriate officials of other agencies of the Federal Government,

agencies of States and political subdivisions thereof, and

private entities;

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

from other Federal agencies; and

‘‘(C) accept donations of property and services.

‘‘(2) CONSULTATION AND COOPERATION.—The Secretary of

the Interior shall consult and cooperate with the International

Maritime Organization and the Task Force in carrying out

this section.’’.

(e) AMENDMENTS TO SUBTITLE C.—

(1) SUBTITLE HEADING.—The heading to subtitle C (16

U.S.C. 4721 et seq.) is amended to read as follows:

‘‘Subtitle C—Prevention and Control of

Aquatic Nuisance Species Dispersal’’.

(2) TASK FORCE.—Section 1201 (16 U.S.C. 4721) is

amended—

(A) in subsection (b)—

(i) by striking ‘‘and’’ at the end of paragraph (5);

(ii) by redesignating paragraph (6) as paragraph

(7); and

(iii) by inserting after paragraph (5) the following

new paragraph:

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

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

Bay Program, the San Francisco Bay-Delta Estuary Program,’’ before ‘‘and State agencies’’.

(3) RESEARCH PROGRAM.—Section 1202 (16 U.S.C. 4722)

is amended—

(A) in subsection (f)(1)(A), by inserting ‘‘and impacts’’

after ‘‘economic risks’’; and

(B) in subsection (i)—
H. R.4283—14

(i) in paragraph (1)—

(I) by striking ‘‘(1) IN GENERAL.—The Task

Force’’ and inserting the following:

‘‘(1) ZEBRA MUSSEL.—

‘‘(A) IN GENERAL.—The Task Force’’;

(II) by striking ‘‘(A) research’’ and inserting

the following:

‘‘(i) research’’;

(III) by striking ‘‘(B) tracking’’ and inserting

the following:

‘‘(ii) tracking’’;

(IV) by striking ‘‘(C) development’’ and

inserting the following:

‘‘(iii) development’’; and

(V) by striking ‘‘(D) provision’’ and inserting

the following:

‘‘(iv) provision’’;

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

FACILITY RESEARCH AND DEVELOPMENT.—’’ and inserting the following:

‘‘(B) PUBLIC FACILITY RESEARCH AND DEVELOPMENT.—’’;

(iii) in subparagraph (B) of paragraph (1), as so

redesignated, by striking the first sentence and inserting the following: ‘‘The Assistant Secretary, in consultation with the Task Force, shall develop a program

of research, technology development, and demonstration for the environmentally sound control of zebra

mussels in and around public facilities.’’;

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

(B), as so redesignated, the following new subparagraph:

‘‘(C) VOLUNTARY GUIDELINES.—Not later than 1 year

after the date of enactment of this subparagraph, the Task

Force shall develop and submit to the Secretary voluntary

guidelines for controlling the spread of the zebra mussel

and, if appropriate, other aquatic nuisance species through

recreational activities, including boating and fishing. Not

later than 4 months after the date of such submission,

and after providing notice and an opportunity for public

comment, the Secretary shall issue voluntary guidelines

that are based on the guidelines developed by the Task

Force under this subparagraph.’’; and

(v) by adding at the end the following new

paragraphs:

‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—

‘‘(A) RESEARCH.—The Administrator of the Environmental Protection Agency, in cooperation with the National

Science Foundation and the Task Force, shall provide

research grants on a competitive basis for projects that—

‘‘(i) identify environmentally sound methods for

controlling the dispersal of aquatic nuisance species,

such as the zebra mussel; and

‘‘(ii) adhere to research protocols developed

pursuant to subsection (f)(2).
H. R.4283—15

‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000.

‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—

‘‘(A) IN GENERAL.—The Assistant Secretary, in

consultation with the Task Force, shall investigate and

identify environmentally sound methods for preventing and

reducing the dispersal of aquatic nuisance species between

the Great Lakes-Saint Lawrence drainage and the

Mississippi River drainage through the Chicago River Ship

and Sanitary Canal, including any of those methods that

could be incorporated into the operation or construction

of the lock system of the Chicago River Ship and Sanitary

Canal.

‘‘(B) REPORT.—Not later than 18 months after the date

of enactment of this paragraph, the Assistant Secretary

shall issue a report to the Congress that includes

recommendations concerning—

‘‘(i) which of the methods that are identified under

the study conducted under this paragraph are most

promising with respect to preventing and reducing the

dispersal of aquatic nuisance species; and

‘‘(ii) ways to incorporate those methods into

ongoing operations of the United States Army Corps

of Engineers that are conducted at the Chicago River

Ship and Sanitary Canal.

‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Department of the

Army, to carry out this paragraph, $750,000.

‘‘(4) CONTRIBUTIONS.—To the extent allowable by law, in

carrying out the studies under paragraphs (2) and (3), the

Administrator of the Environmental Protection Agency and the

Secretary of the Army may enter into an agreement with an

interested party under which that party provides in kind or

monetary contributions for the study.

‘‘(5) TECHNICAL ASSISTANCE.—The Great Lakes Environmental Research Laboratory of the National Oceanic and

Atmospheric Administration shall provide technical assistance

to appropriate entities to assist in the research conducted

pursuant to this subsection.’’.

(4) IMPLEMENTATION.—Section 1202(j)(1) (16 U.S.C.

4722(j)(1)) is amended by striking ‘‘Not later than 18 months

after the date of the enactment of this Act, the Director’’ and

inserting ‘‘The Director, the Secretary,’’.

(5) REGIONAL COORDINATION.—Section 1203 (16 U.S.C.

4723) is amended—

(A) by striking the section heading and inserting the

following:

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

(B) in subsection (a)—

(i) by striking ‘‘(a) IN GENERAL.—Not’’ and

inserting the following:

‘‘(a) GREAT LAKES PANEL.—

‘‘(1) IN GENERAL.—Not’’;

(ii) by striking ‘‘(1) identify’’ and inserting the

following:
H. R.4283—16

‘‘(A) identify’’;

(iii) by striking ‘‘(2) make’’ and inserting the

following:

‘‘(B) make’’;

(iv) by striking ‘‘(3) assist’’ and inserting the

following:

‘‘(C) assist’’;

(v) by striking ‘‘(4) coordinate’’ and inserting the

following:

‘‘(D) coordinate’’;

(vi) by striking ‘‘(5) provide’’ and inserting the

following:

‘‘(E) provide’’;

(vii) by striking ‘‘(6) submit’’ and inserting the

following:

‘‘(F) submit’’;

(viii) in paragraph (1), as so redesignated—

(I) in the matter preceding subparagraph (A),

by inserting ‘‘region’’ before ‘‘representatives’’; and

(II) in subparagraphs (A) through (F), by

striking ‘‘Great Lakes’’ each place it appears and

inserting ‘‘Great Lakes region’’;

(C) by striking ‘‘(b) CONSULTATION.—The Task Force’’

and inserting the following:

‘‘(2) CONSULTATION.—The Task Force’’;

(D) by striking ‘‘(c) CANADIAN PARTICIPATION.—The

panel’’ and inserting the following:

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

(E) in paragraphs (2) and (3) of subsection (a), as

so redesignated, by striking ‘‘this section’’ and inserting

‘‘this subsection’’; and

(F) by adding at the end the following new subsections:

‘‘(b) WESTERN REGIONAL PANEL.—Not later than 30 days after

the date of enactment of the National Invasive Species Act of

1996, the Task Force shall request a Western regional panel, comprised of Western region representatives from Federal, State, and

local agencies and from private environmental and commercial

interests, to—

‘‘(1) identify priorities for the Western region with respect

to aquatic nuisance species;

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

an education, monitoring (including inspection), prevention, and

control program to prevent the spread of the zebra mussel

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

Act;

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

species program activities in the Western region that are not

conducted pursuant to this Act;

‘‘(4) develop an emergency response strategy for Federal,

State, and local entities for stemming new invasions of aquatic

nuisance species in the region;

‘‘(5) provide advice to public and private individuals and

entities concerning methods of preventing and controlling

aquatic nuisance species infestations; and

‘‘(6) submit annually a report to the Task Force describing

activities within the Western region related to aquatic nuisance

species prevention, research, and control.
H. R.4283—17

‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task Force shall—

‘‘(1) encourage the development and use of regional panels

and other similar entities in regions in addition to the Great

Lakes and Western regions (including providing financial

assistance for the development and use of such entities) to

carry out, with respect to those regions, activities that are

similar to the activities described in subsections (a) and (b);

and

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

that carry out the activities described in paragraph (1).’’.

(6) STATE OR INTERSTATE WATERSHED AQUATIC NUISANCE

SPECIES MANAGEMENT PLAN.—Section 1204 (16 U.S.C. 4724)

is amended—

(A) in subsection (a)—

(i) by striking the subsection designation and heading and inserting the following:

‘‘(a) STATE OR INTERSTATE INVASIVE SPECIES MANAGEMENT

PLANS.—’’;

(ii) in paragraph (1)—

(I) by striking the matter preceding subparagraph (A) and inserting the following:

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

for public comment, the Governor of each State may prepare

and submit, or the Governors of the States and the governments

of the Indian tribes involved in an interstate organization,

may jointly prepare and submit—’’;

(II) in subparagraph (A), by striking ‘‘technical

and financial assistance’’ and inserting ‘‘technical,

enforcement, or financial assistance (or any combination thereof)’’; and

(III) in subparagraphs (A) and (B), by inserting

‘‘or within the interstate region involved’’ after

‘‘within the State’’ each place it appears;

(iii) in paragraph (2)—

(I) in subparagraph (B), by striking ‘‘and’’ at

the end of the subparagraph;

(II) by redesignating subparagraph (C) as

subparagraph (D);

(III) by inserting after subparagraph (B) the

following:

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

or Indian tribe involved in the interstate organization)

does not have at the time of the development of the plan

that may be necessary for the State (or any State or Indian

tribe involved in the interstate organization) to protect

public health, property, and the environment from harm

by aquatic nuisance species; and’’; and

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

by inserting ‘‘, and enabling legislation’’ before the

period;

(iv) in paragraph (3)—

(I) in subparagraph (A)—

(aa) by inserting ‘‘or interstate organization’’ after ‘‘the State’’; and

(bb) by inserting ‘‘Indian tribes,’’ after

‘‘local governments and regional entities,’’; and
H. R.4283—18

(II) in subparagraph (B), by inserting ‘‘or the

appropriate official of an interstate organization’’

after ‘‘a State’’; and

(v) in paragraph (4), by inserting ‘‘or the interstate

organization’’ after ‘‘the Governor’’;

(B) in subsection (b)(1)—

(i) by striking ‘‘or the Assistant Secretary, as

appropriate under subsection (a),’’; and

(ii) by striking ‘‘approved management plans’’ and

inserting ‘‘management plans approved under subsection (a)’’; and

(C) by adding at the end the following new subsection:

‘‘(c) ENFORCEMENT ASSISTANCE.—Upon request of a State or

Indian tribe, the Director or the Under Secretary, to the extent

allowable by law and in a manner consistent with section 141

of title 14, United States Code, may provide assistance to a State

or Indian tribe in enforcing an approved State or interstate invasive

species management plan.’’.

(f) AUTHORIZATIONS OF APPROPRIATIONS.—Section 1301 (16

U.S.C. 4741) is amended—

(1) in subsection (a)—

(A) by striking ‘‘and’’ at the end of paragraph (2);

(B) by striking paragraph (3) and inserting the

following:

‘‘(3) to the Secretary to carry out section 1101—

‘‘(A) $2,000,000 for each of fiscal years 1997 and

1998; and

‘‘(B) $3,000,000 for each of fiscal years 1999 through

2002;’’; and

(C) by adding at the end the following new paragraphs:

‘‘(4) for each of fiscal years 1997 through 2002, to carry

out paragraphs (1) and (2) of section 1102(b)— ‘‘(A) $1,000,000 to the Department of the Interior, to

be used by the Director; and ‘‘(B) $1,000,000 to the Secretary; and

‘‘(5) for each of fiscal years 1997 through 2002— ‘‘(A) $3,000,000, which shall be made available from

funds otherwise authorized to be appropriated if such funds

are so authorized, to the Under Secretary to carry out

section 1102(e); and

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

1102(f).’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘1991, 1992, 1993, 1994, and 1995’’ and inserting ‘‘1997

through 2002’’; and

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

the following:

‘‘(1) $6,000,000 to the Department of the Interior, to be

used by the Director to carry out sections 1202 and 1209;

‘‘(2) $1,000,000 to the Department of Commerce, to be

used by the Under Secretary to carry out section 1202;

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

otherwise authorized to be appropriated if such funds are so

authorized, to fund aquatic nuisance species prevention and

control research under section 1202(i) at the Great Lakes

Environmental Research Laboratory of the National Oceanic
H. R.4283—19

and Atmospheric Administration, of which $500,000 shall be

made available for grants, to be competitively awarded and

subject to peer review, for research relating to Lake Champlain;

‘‘(4) $5,000,000 for competitive grants for university

research on aquatic nuisance species under section 1202(f)(3)

as follows:

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

funds otherwise authorized to be appropriated if such funds

are so authorized, to fund grants under section 205 of

the National Sea Grant College Program Act (33 U.S.C.

1124);

‘‘(B) $1,200,000 to fund grants to colleges for the benefit

of agriculture and the mechanic arts referred to in the

first section of the Act of August 30, 1890 (26 Stat. 417,

chapter 841; 7 U.S.C. 322); and

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

Fisheries and Wildlife Research Unit Program of the United

States Fish and Wildlife Service;

‘‘(5) $3,000,000 to the Department of the Army, to be used

by the Assistant Secretary to carry out section 1202(i)(1)(B);

and

‘‘(6) $300,000 to the Department of the Interior, to be

used by the Director to fund regional panels and similar entities

under section 1203, of which $100,000 shall be used to fund

activities of the Great Lakes Commission.’’;

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

‘‘(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—There are

authorized to be appropriated for each of fiscal years 1997 through

2002 $4,000,000 to the Department of the Interior, to be used

by the Director for making grants under section 1204, of which

$1,500,000 shall be used by the Director, in consultation with

the Assistant Secretary, for management of aquatic nuisance vegetation species.’’; and

(4) by adding at the end the following new subsections:

‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRATION

PROGRAM.—There are authorized to be appropriated $2,500,000 to

carry out section 1104.

‘‘(f) RESEARCH.—There are authorized to be appropriated to the Director $1,000,000 to carry out research on the prevention,

monitoring, and control of aquatic nuisance species in Narragansett

Bay, Rhode Island. The funds shall be made available for use

by the Department of Environmental Management of the State

of Rhode Island.’’.

(g) REFERENCES TO APPROPRIATE COMMITTEES.—The Act (16

U.S.C. 4701 et seq.) is amended by striking ‘‘appropriate Committees’’ each place it appears and inserting ‘‘Congress’’.

(h) TECHNICAL CORRECTIONS.—Public Law 101–646 (16 U.S.C.

4701 et seq.) is amended—

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

at the beginning of any title, subtitle, section, subsection,

paragraph, subparagraph, clause, subclause, or undesignated

provision;

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

quotation marks and the final period; and

(3) in section 1003—

(A) by striking each single opening quotation mark

and inserting double opening quotation marks; and
H. R.4283—20

(B) by striking each single closing quotation mark and

inserting double closing quotations marks.

SEC. 3. STATUTORY CONSTRUCTION.

Nothing in this Act or the amendments made by this Act

is intended to affect the authorities and responsibilities of the

Great Lakes Fishery Commission established under article II of

the Convention on Great Lakes Fisheries between the United States

of America and Canada, signed at Washington on September 10,

1954 (hereafter in this section referred to as the ‘‘Convention’’),

including the authorities and responsibilities of the Great Lakes

Fishery Commission—

(1) for developing and implementing a comprehensive

program for eradicating or minimizing populations of sea

lamprey in the Great Lakes watershed; and

(2) carrying out the duties of the Commission specified

in the Convention (including any amendment thereto) and the

Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.