147 
(c) REPEAL OF SECTION 1103.—Section 1103 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4713) is repealed. 
(d) INTERIM FINAL RULE.—The Secretary shall 
issue an interim final rule as a temporary regulation im-
plementing the amendments made by this section as soon 
as practicable after the date of enactment of this section, 
without regard to the provisions of chapter 5 of title 5, 
United States Code. All regulations issued under the au-
thority of this subsection that are not earlier superseded 
by final regulations shall expire not later than one year 
after the date of enactment of this Act. 
SEC. 504. RAPID RESPONSE PLAN. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act (16 U.S.C. 4721 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 1210. RAPID RESPONSE PLAN. 
‘‘(a) PREPARATION BY ADMINISTRATOR.—The Presi-
dent shall prepare and publish a national rapid response 
plan for killing, removing, or minimizing the spread of 
aquatic nuisance species in the waters of the United States 
in accordance with this section. 
‘‘(b) CONTENTS.—The national rapid response plan 
shall provide for efficient, coordinated, and effective action 
to minimize damage from aquatic nuisance species in the 
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148 
navigable waters of the United States, including killing, 
containing, and removal of the aquatic nuisance species, 
and shall include the following: 
‘‘(1) Assignment of duties and responsibilities 
among Federal departments and agencies in coordi-
nation with State and local agencies and port au-
thorities and private entities. 
‘‘(2) Identification, procurement, maintenance, 
and storage of equipment and supplies needed to fa-
cilitate the killing, containment, and removal of 
aquatic nuisance species under this section. 
‘‘(3) Establishment or designation by the Ad-
ministrator of Federal aquatic nuisance species re-
sponse teams, consisting of— 
‘‘(A) personnel who shall be trained and 
prepared by the Administrator and shall be 
available to provide necessary services to carry 
out the national rapid response plan; 
‘‘(B) adequate equipment and material 
needed to facilitate the killing, containment, 
and removal of aquatic nuisance species under 
this section; and 
‘‘(C) a detailed plans to kill, contain, and 
remove aquatic nuisance species, including 
measures to protect fisheries and wildlife. 
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‘‘(4) A system of surveillance and notice de-
signed to safeguard against, as well as ensure ear-
liest possible notice of, the introduction of aquatic 
nuisance species and imminent threats of such intro-
duction to the appropriate State and Federal agen-
cies. 
‘‘(5) Establishment by the Administrator of a 
national center to provide coordination and direction 
for operations in carrying out the plan. 
‘‘(6) Procedures and techniques to be employed 
in identifying, containing, killing, and removing 
aquatic nuisance species in the waters of the United 
States. 
‘‘(7) A schedule, prepared by the Administrator 
in cooperation with the States, identifying— 
‘‘(A) mitigating devices and substances, if 
any, that may be used in carrying out the plan; 
‘‘(B) the waters in which such mitigating 
devices and substances may be used; and 
‘‘(C) the quantities of such mitigating de-
vice or substance which can be used safely in 
such waters. 
‘‘(8) A system whereby the State or States af-
fected by an aquatic nuisance species may act where 
necessary to remove such species. 
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‘‘(9) Establishment by the Administrator of cri-
teria and procedures to ensure immediate and effec-
tive Federal identification of, and response to, an in-
troduction of aquatic nuisance species. 
‘‘(10) Designation by the Administrator of the 
Federal official who shall be the Federal on-scene 
coordinator for measures taken to kill, contain, and 
remove aquatic nuisance species under this section. 
‘‘(11) A fish and wildlife response plan for the 
immediate and effective protection, rescue, and reha-
bilitation of, and the minimization of risk of damage 
to, fish and wildlife resources and their habitat that 
are harmed or that may be jeopardized by an intro-
duction of an aquatic nuisance species. 
‘‘(c) FEDERAL REMOVAL AUTHORITY.— 
‘‘(1) REMOVAL REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The President shall 
ensure, in accordance with the national rapid 
response plan, effective and immediate killing, 
containing, and removal of the aquatic nuisance 
species in the waters of the United States. 
‘‘(B) 
DISCRETIONARY
AUTHORITY.—In 
carrying out this paragraph, the Administrator 
may— 
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151 
‘‘(i) kill, contain, and remove an 
aquatic nuisance species, at any time; and 
‘‘(ii) direct or monitor all Federal, 
State, and private actions to kill, contain, 
and remove the aquatic nuisance species. 
‘‘(2) ACTIONS IN ACCORDANCE WITH NATIONAL 
RAPID
RESPONSE
PLAN.—Each Federal agency, 
State, owner or operator, or other person partici-
pating in efforts under this subsection shall act in 
accordance with the national rapid response plan or 
as directed by the Administrator to carry out the 
plan.’’. 
SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 
Section 1301(a) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
4741(a)) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (4)(B); 
(2) by striking the period at the end of para-
graph (5)(B) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) $20,000,000 for each of fiscal years 2008 
through 2012 to the Secretary to carry out section 
1101.’’. 
Æ 
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