I 
109TH CONGRESS 
2D SESSION 
H. R. 5100 
To establish a collaborative program to protect the Great Lakes, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2006 
Mr. EHLERS (for himself, Mr. EMANUEL, Mr. REYNOLDS, Mr. KIRK, Mr. 
DINGELL, Mr. HOEKSTRA, Mr. BISHOP of New York, Ms. MCCOLLUM of 
Minnesota, Mr. RYAN of Ohio, Mr. ENGLISH of Pennsylvania, Mr. KIND, 
Mr. KILDEE, Ms. BEAN, Mr. HIGGINS, Ms. SLAUGHTER, Mr. STUPAK, 
Ms. SCHAKOWSKY, Mr. EVANS, Mr. LEVIN, Mr. BROWN of Ohio, Mr. 
GUTIERREZ, Ms. KAPTUR, Mr. STRICKLAND, Mr. LIPINSKI, Ms. MOORE 
of Wisconsin, Mr. LATOURETTE, Mr. UPTON, Mr. MCCOTTER, and Mr. 
CAMP) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committees 
on Resources, Science, and House Administration, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a collaborative program to protect the Great 
Lakes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Great Lakes Collaboration Implementation Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—INVASIVE SPECIES PREVENTION 
Subtitle A—National Aquatic Invasive Species 
Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. Definitions. 
CHAPTER 1—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE 
SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS 
Sec. 104. Vessel pathway requirements. 
Sec. 105. Requirements for new vessels. 
Sec. 106. Great Lakes program. 
Sec. 107. Authority of Secretary; regulations. 
Sec. 108. Sanctions. 
Sec. 109. Program coordination. 
Sec. 110. Vessel safety. 
Sec. 111. Relationship to other law. 
Sec. 112. Armed services whole vessel management program. 
Sec. 113. Conforming amendments. 
CHAPTER 2—PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE 
SPECIES BY OTHER PATHWAYS 
Sec. 114. Priority pathway management program. 
Sec. 115. Screening process for planned importations of live aquatic organisms. 
CHAPTER 3—EARLY DETECTION; RAPID RESPONSE; CONTROL AND 
OUTREACH 
Sec. 116. Early detection. 
Sec. 117. Rapid response. 
Sec. 118. Dispersal barriers. 
Sec. 119. Environmental soundness. 
Sec. 120. Information, education, and outreach. 
CHAPTER 4—COORDINATION 
Sec. 121. Program coordination. 
Sec. 122. International coordination. 
CHAPTER 5—AUTHORIZATION OF APPROPRIATIONS 
Sec. 123. Authorization of appropriations. 
CHAPTER 6—CONFORMING AMENDMENTS 
Sec. 124. Conforming amendments. 
Subtitle B—Aquatic Invasive Species Research 
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Sec. 141. Short title. 
Sec. 142. Findings. 
Sec. 143. Definitions. 
Sec. 144. Coordination and implementation. 
Sec. 145. Ecological and pathway research. 
Sec. 146. Analysis. 
Sec. 147. Dissemination. 
Sec. 148. Technology development, demonstration, and verification. 
Sec. 149. Research to support the setting and implementation of ship pathway 
standards. 
Sec. 150. Research in systematics and taxonomy. 
Sec. 151. State programs. 
Subtitle C—Invasive Species Council 
Sec. 161. Short title. 
Sec. 162. Statement of policy regarding Federal duties. 
Sec. 163. National Invasive Species Council. 
Sec. 164. Duties. 
Sec. 165. National Invasive Species Management Plan. 
Sec. 166. Invasive Species Advisory Committee. 
Sec. 167. Budget crosscut. 
Sec. 168. Definitions. 
Sec. 169. Existing Executive Order. 
Sec. 170. Authorization of appropriations. 
TITLE II—HABITAT AND SPECIES 
Sec. 201. Definitions. 
Sec. 202. Identification, review, and implementation of proposals. 
Sec. 203. Goals of United States Fish and Wildlife Service programs related to 
Great Lakes fish and wildlife resources. 
Sec. 204. Establishment of offices. 
Sec. 205. Reports. 
Sec. 206. Authorization of appropriations. 
TITLE III—COASTAL HEALTH 
Sec. 301. Technical assistance. 
Sec. 302. Sewer overflow control grants. 
Sec. 303. Water pollution control revolving loan funds. 
Sec. 304. Allotment of funds. 
Sec. 305. Authorization of appropriations. 
TITLE IV—AREAS OF CONCERN 
Sec. 401. Great Lakes. 
TITLE V—CLEAN WATER AUTHORITY 
Sec. 501. Definition of waters of the United States. 
Sec. 502. Conforming amendments. 
TITLE VI—TOXIC SUBSTANCES 
Sec. 601. Mercury reduction grants. 
TITLE VII—INDICATORS AND INFORMATION 
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Subtitle A—Research Program 
Sec. 701. Research reauthorizations. 
Sec. 702. Great Lakes Science Center. 
Sec. 703. Great Lakes Environmental Research Laboratory. 
Subtitle B—Ocean and Coastal Observation System 
Sec. 711. Definitions. 
Sec. 712. Integrated ocean and coastal observing system. 
Sec. 713. Research, development, and education. 
Sec. 714. Interagency financing. 
Sec. 715. Application with Outer Continental Shelf Lands Act. 
Sec. 716. Authorization of appropriations. 
Sec. 717. Reporting requirement. 
Subtitle C—Great Lakes Water Quality Indicators and Monitoring 
Sec. 721. Great Lakes water quality indicators and monitoring. 
TITLE VIII—SUSTAINABLE DEVELOPMENT 
Sec. 801. Waterfront restoration and remediation projects. 
Sec. 802. Authority of Secretary to restore and remediate waterfront and re-
lated areas. 
Sec. 803. Authorization of appropriations. 
TITLE IX—COORDINATION AND OVERSIGHT 
Sec. 901. Definitions. 
Sec. 902. Great Lakes Interagency Task Force. 
Sec. 903. Executive Committee. 
Sec. 904. Great Lakes Regional Collaboration. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Great Lakes, with about 20 percent of 
the Earth’s fresh surface water, is a treasure of 
global significance, supporting drinking water for 
millions of people, providing for commerce, and 
recreation for people from across the Nation and 
around the world; 
(2) renewed efforts and investments are critical 
to aid in fulfilling the goals and objectives of the 
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Great Lakes Water Quality Agreement between the 
United States and Canada; 
(3) in a report issued in December 2005, a 
group of leading scientists from top institutions in 
the Great Lakes area found that— 
(A) the Great Lakes are on the brink of an 
ecologic catastrophe; 
(B) the primary stressors straining the 
health of the Great Lakes are— 
(i) toxic chemicals; 
(ii) overloading of human waste and 
urban and agricultural runoff; 
(iii) physical changes to the shorelines 
and wetlands; 
(iv) invasive plant and animal species; 
(v) changes in water patterns; and 
(vi) overfishing; 
(C) the deterioration of the Great Lakes 
ecosystem is accelerating dramatically; and 
(D) if the pattern of deterioration is not 
reversed immediately, the damage could be ir-
reparable; 
(4) as a result of the stressors described in 
paragraph (3)(B)— 
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(A) over 1,800 beaches were closed in 
2003; 
(B) Lake Erie has developed a 6,300 
square mile dead zone that forms every sum-
mer; 
(C) the zebra mussels, an aquatic invasive 
species, cause $500,000,000 per year in eco-
nomic and environmental damage in the Great 
Lakes; 
(D) there is no appreciable natural repro-
duction of lake trout in the lower 4 Great 
Lakes; and 
(E) wildlife habitats have been destroyed, 
which has diminished fishing, hunting, and 
other outdoor recreation opportunities in the 
Great Lakes; 
(5) because of the patchwork approach to fixing 
the problems facing the Great Lakes, the problems 
have not only persisted in, but have also gotten 
worse in some areas of, the Great Lakes; 
(6) rather than dealing with 1 problem or loca-
tion of the Great Lakes at a time, a comprehensive 
restoration of the system is needed to prevent the 
Great Lakes from collapsing; 
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(7) in December 2004, work began on the 
Great Lakes Regional Collaboration, a unique part-
nership that was— 
(A) formed for the purpose of developing a 
strategic action plan for Great Lakes restora-
tion; and 
(B) composed of— 
(i) key members from the Federal 
Government, State and local governments, 
and Indian tribes; and 
(ii) other stakeholders; 
(8) over 1,500 people throughout the Great 
Lakes region participated in this collaborative proc-
ess, with participants working on 1 or more of the 
8 strategy teams that focused on different issues af-
fecting the Great Lakes basin; 
(9) the recommendations of the Great Lakes 
Regional Collaboration, which was released on De-
cember 12, 2005, identify actions to address the 
issues affecting the Great Lake basin on the Fed-
eral, State, local, and tribal level; and 
(10) comprehensive restoration must be adapt-
ive, and ongoing efforts are needed continually to 
implement the recommendations of the Great Lakes 
Regional Collaboration relating to buffers, river res-
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toration, wetlands, emerging toxic pollutants, and 
other issues affecting the Great Lakes basin. 
TITLE I—INVASIVE SPECIES 
PREVENTION 
Subtitle A—National Aquatic 
Invasive Species 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Aquatic 
Invasive Species Act of 2006’’. 
SEC. 102. FINDINGS. 
Congress finds that— 
(1) aquatic invasive species are second only to 
habitat destruction as a cause of permanent losses 
in biological diversity of aquatic ecosystems of the 
United States; 
(2) aquatic invasive species continue to be in-
troduced into water of the United States at an unac-
ceptable rate; 
(3) aquatic invasive species damage infrastruc-
ture, disrupt commerce, outcompete native species, 
reduce biodiversity, and threaten human health; 
(4) the direct and indirect costs of aquatic 
invasive species to the economy of the United States 
amount to billions of dollars per year; 
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(5) in the Great Lakes region, approximately 
$3,000,000,000 has been spent in the past 10 years 
to mitigate the damage caused by a single invasive 
species, the zebra mussel; 
(6) wetlands suffer compound impacts from— 
(A) terrestrial infestations (such as Nu-
tria); 
(B) aquatic infestations (such as Hydrilla); 
and 
(C) riparian infestations (such as Purple 
Loosestrife); 
(7) prevention of aquatic invasive species is the 
most environmentally sound and cost-effective man-
agement approach because once established, aquatic 
invasive species are costly, and sometimes impossible 
to control; 
(8) to be effective, the prevention, early detec-
tion, and control of and rapid response to aquatic 
invasive species should be coordinated regionally, na-
tionally, and internationally; 
(9) pathway management is the most promising 
approach to reducing unplanned introductions of 
aquatic invasive species; 
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(10) consistent national screening criteria are 
needed to evaluate the potential risk of nonindige-
nous aquatic species; 
(11) 
States 
and 
regions 
have 
unique 
vulnerabilities with respect to aquatic invasive spe-
cies and unique means for addressing aquatic 
invasive species; 
(12) a comprehensive research program which 
monitors pathways and ecosystems to detect the es-
tablishment and track the spread of invasive species, 
develop and demonstrate effective management and 
control methods, and monitor success of prevention 
and control efforts, is essential to accurate identi-
fication and management of high risk pathways; and 
(13) it is in the interest of the United States 
to understake a comprehensive and thorough pro-
gram to research, prevent, manage, and control in-
troductions of aquatic species that may become 
invasive and to coordinate that program to the ex-
tent possible with neighboring nations and efforts 
globally. 
SEC. 103. DEFINITIONS. 
Section 1003 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended to read as follows: 
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‘‘SEC. 1003. DEFINITIONS. 
‘‘In this Act, the following definitions apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) AQUATIC
ECOSYSTEMS
IN
THE
UNITED 
STATES.—The term ‘aquatic ecosystems in the 
United States’ means freshwater, marine, and estua-
rine environments (including inland waters and wet-
lands), located in waters of the United States. 
‘‘(3) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
the Army for Civil Works. 
‘‘(4) BALLAST
WATER.—The term ‘ballast 
water’ means any water (with its suspended matter) 
used to maintain the trim and stability of a vessel. 
‘‘(5) COASTAL VOYAGE.—The term ‘coastal voy-
age’ means a voyage conducted entirely within the 
exclusive economic zone. 
‘‘(6) DIRECTOR.—The term ‘Director’ means 
the Director of the United States Fish and Wildlife 
Service. 
‘‘(7) ENVIRONMENTALLY
SOUND.—The term 
‘environmentally sound’, when used in reference to 
any activity, refers to an activity that prevents or re-
duces introductions, or controls infestations, of 
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aquatic invasive species in a manner that minimizes 
adverse effects on— 
‘‘(A) the structure and function of an eco-
system; and 
‘‘(B) nontarget organisms and ecosystems. 
‘‘(8) EXCLUSIVE ECONOMIC ZONE.—The term 
‘exclusive economic zone’ means the area comprised 
of— 
‘‘(A) the Exclusive Economic Zone of the 
United States established by Proclamation 
Number 5030, dated March 10, 1983; and 
‘‘(B) the equivalent zones of Canada and 
Mexico. 
‘‘(9) GREAT
LAKE.—The term ‘Great Lake’ 
means— 
‘‘(A) Lake Erie; 
‘‘(B) Lake Huron (including Lake Saint 
Clair); 
‘‘(C) Lake Michigan; 
‘‘(D) Lake Ontario; 
‘‘(E) Lake Superior; 
‘‘(F) the connecting channels of those 
Lakes, including— 
‘‘(i) the Saint Mary’s River; 
‘‘(ii) the Saint Clair River; 
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‘‘(iii) the Detroit River; 
‘‘(iv) the Niagara River; and 
‘‘(v) the Saint Lawrence River to the 
Canadian border; and 
‘‘(G) any other body of water located with-
in the drainage basin of a Lake, River, or con-
necting channel described in any of subpara-
graphs (A) through (F). 
‘‘(10) GREAT LAKES REGION.—The term ‘Great 
Lakes region’ means the region comprised of the 
States of Illinois, Indiana, Michigan, Minnesota, 
New York, Ohio, Pennsylvania, and Wisconsin. 
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(12) 
INTERBASIN
WATERWAY.—The 
term 
‘interbasin waterway’ means a waterway that con-
nects 2 distinct water basins. 
‘‘(13) INTERNATIONAL
JOINT
COMMISSION.— 
The term ‘International Joint Commission’ means 
the commission established by article VII of the 
Treaty relating to boundary waters and questions 
arising along the boundary between the United 
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States and Canada, signed at Washington on Janu-
ary 11, 1909 (36 Stat. 2448). 
‘‘(14) INTRODUCTION.—The term ‘introduction’ 
means the transfer of an organism to an ecosystem 
outside the historic range of the species of which the 
organism is a member. 
‘‘(15) INVASION.—The term ‘invasion’ means 
an infestation of an aquatic invasive species. 
‘‘(16) INVASIVE SPECIES.—The term ‘invasive 
species’ means a nonindigenous species the introduc-
tion of which into an ecosystem may cause harm to 
the economy, environment, human health, recreation, 
or public welfare. 
‘‘(17) INVASIVE SPECIES COUNCIL.—The term 
‘Invasive Species Council’ means the interagency 
council established by section 3 of Executive Order 
No. 13112 (42 U.S.C. 4321 note). 
‘‘(18) NONINDIGENOUS
SPECIES.—The term 
‘nonindigenous species’ means any species in an eco-
system beyond its historic range. 
‘‘(19) SPECIES IN TRADE.—The term ‘species 
in trade’ means a species that has a documented his-
tory of being commercially imported into the United 
States in the period beginning on January 1, 1990, 
and ending on January 1, 2002. 
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‘‘(20) ORGANISM TRANSFER.—The term ‘orga-
nism transfer’ means the movement of an organism 
of any species from one ecosystem to another eco-
system outside the historic range of the species. 
‘‘(21) PATHWAY.—The term ‘pathway’ means 
one or more vectors by which an invasive species is 
transferred from one ecosystem to another. 
‘‘(22) 
PLANNED
IMPORTATION.—The 
term 
‘planned importation’ means the purposeful move-
ment of one or more nonindigenous organisms for 
use in the territorial limits of the United States. 
‘‘(23) REGIONAL PANEL.—The term ‘regional 
panel’ means a panel convened in accordance with 
section 1203. 
‘‘(24) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Homeland Security. 
‘‘(25) SPECIES.—The term ‘species’ means any 
fundamental category of taxonomic classification, or 
any viable biological material, ranking below a genus 
or subgenus. 
‘‘(26) TASK FORCE.—The term ‘Task Force’ 
means the Aquatic Invasive Species Task Force es-
tablished by section 1201(a). 
‘‘(27) TERRITORIAL SEA.—The term ‘territorial 
sea’ means the belt of the sea measured from the 
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baseline of the United States determined in accord-
ance with international law, as set forth in Presi-
dential Proclamation Number 5928, dated December 
27, 1988. 
‘‘(28) 
TREATMENT.—The 
term 
‘treatment’ 
means a mechanical, physical, chemical, biological, 
or other process or method of killing, removing, or 
rendering inviable, organisms. 
‘‘(29) TYPE
APPROVAL.—The term ‘type ap-
proval’ means an approval procedure under which a 
type of system is initially certified as meeting a 
standard established by law (including a regulation) 
for a particular application if operated correctly. 
‘‘(30) UNDER SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary of Commerce 
for Oceans and Atmosphere. 
‘‘(31) UNDESIRABLE IMPACT.—The term ‘unde-
sirable impact’ means economic, human health, aes-
thetic, or environmental degradation that is not nec-
essary for, and is not clearly outweighed by, public 
health, environmental, or welfare benefits. 
‘‘(32) WATERS OF THE UNITED STATES.— 
‘‘(A) IN GENERAL.—The term ‘waters of 
the United States’ means the navigable waters 
and territorial sea of the United States. 
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‘‘(B) INCLUSION.—The term ‘waters of the 
United States’ includes the Great Lakes.’’. 
CHAPTER 1—PREVENTION OF INTRODUC-
TION OF AQUATIC INVASIVE SPECIES 
INTO WATERS OF THE UNITED STATES 
BY VESSELS 
SEC. 104. VESSEL PATHWAY REQUIREMENTS. 
(a) REQUIREMENTS
FOR VESSELS OPERATING
IN 
WATERS OF THE UNITED STATES.—Section 1101 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4711) is amended by striking sub-
section (a) and inserting the following: 
‘‘(a) REQUIREMENTS FOR ALL VESSELS OPERATING 
IN WATERS OF THE UNITED STATES.— 
‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—Effective beginning on 
the date that is 180 days after the issuance of 
guidelines pursuant to subparagraph (D) and 
the promulgation of guidelines or regulations 
under this section, each vessel that is equipped 
with ballast, and other towed vessels and struc-
tures, operating in waters of the United States 
shall have in effect, and have available for in-
spection, an aquatic invasive species manage-
ment plan that prescribes safe and effective 
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means by which the master of the vessel shall 
minimize introductions and transfers of invasive 
species by any part of the vessel, pursuant to 
the guidelines or regulations applicable to that 
vessel. 
‘‘(B) SPECIFICITY.—The management plan 
shall be specific to the vessel (or group of ves-
sels with characteristics similar to that of the 
vessel, as determined by the Secretary). 
‘‘(C) REQUIREMENTS.—The management 
plan shall include, at a minimum, such informa-
tion as is requested by the Secretary pursuant 
to subparagraph (D), including— 
‘‘(i) operational requirements to safely 
and effectively comply with the ballast 
water management requirements under 
paragraph (4); 
‘‘(ii) operational requirements to safe-
ly and effectively carry out any actions 
consistent with rapid response action re-
quired by States and approved by the Sec-
retary under section 1211; 
‘‘(iii) other requirements specified in 
guidelines adopted by the International 
Maritime Organization; 
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‘‘(iv) a description of all reporting re-
quirements and a copy of each form nec-
essary to meet those requirements; 
‘‘(v) the position of the officer respon-
sible for implementation of ballast water 
management and reporting procedures on 
board; 
‘‘(vi) documents relevant to any bal-
last water management equipment or pro-
cedures; 
‘‘(vii) a description of the location of 
access points for sampling ballast or sedi-
ments pursuant to paragraph (3)(B)(vi); 
‘‘(viii) a description of requirements 
relating to compliance with any approved 
rapid response strategy relevant to the voy-
age of the vessel; 
‘‘(ix) a contingency strategy applicable 
under subsection (k), if appropriate; and 
‘‘(x) such requirements described in 
subsection (e) as are applicable to the ves-
sel. 
‘‘(D) GUIDELINES.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
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Secretary shall issue final guidelines for the de-
velopment of invasive species management 
plans, including guidelines that— 
‘‘(i) identify types of vessels for which 
plans are required; 
‘‘(ii) establish processes for updating 
and revising the plans; and 
‘‘(iii) establish criteria for compliance 
with this subsection. 
‘‘(2) RECORDS.—The master of a vessel shall— 
‘‘(A) maintain records of all ballast oper-
ations, for such period of time and including 
such information as the Secretary may specify; 
‘‘(B) permit inspection of the records by 
representatives of the Secretary and of the 
State in which the vessel has entered a port; 
and 
‘‘(C) transmit records to the National Bal-
last 
Information 
Clearinghouse 
established 
under section 1102(f). 
‘‘(3) BEST MANAGEMENT PRACTICES.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
Secretary shall issue guidelines on best manage-
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ment practices to eliminate or minimize and 
monitor organism transfer by vessels. 
‘‘(B) PRACTICES TO BE INCLUDED.—The 
best management practices shall include, but 
not be limited to— 
‘‘(i) sediment management in trans-
oceanic vessels; 
‘‘(ii) minimization of ballast water up-
take in areas where there is a greater risk 
of harmful organisms entering ballast 
tanks (such as areas with toxic algal 
blooms or known outbreaks of aquatic 
invasive species); 
‘‘(iii) avoidance of unnecessary dis-
charge of ballast water in a port that was 
taken up in another port; 
‘‘(iv) to the maximum extent prac-
ticable, collection and the proper disposal 
of debris from the cleaning of the hull; 
‘‘(v) proper use of antifouling coating; 
and 
‘‘(vi) provision of access points in bal-
last piping for sampling of ballast intake 
and discharge. 
‘‘(4) BALLAST WATER MANAGEMENT.— 
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‘‘(A) IN GENERAL.—Each vessel equipped 
with a ballast water tank that enters a United 
States port, except for a vessel subject to sub-
paragraph (B) and subsection (c), shall comply 
with the standards described in paragraphs (1) 
and (2) of subsection (b) and the regulations 
promulgated under subsection (e) relating to 
ballast water management. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) VESSELS
OPERATING
ENTIRELY 
WITHIN
THE
EXCLUSIVE
ECONOMIC 
ZONE.—A vessel equipped with a ballast 
water tank that operates entirely within 
the exclusive economic zone shall not be re-
quired to comply with the standard de-
scribed in subsection (b)(1). 
‘‘(ii) VESSELS THAT OPERATE EXCLU-
SIVELY
IN
AN
ENCLOSED
AQUATIC
ECO-
SYSTEM.— 
‘‘(I) 
IN
GENERAL.—A 
vessel 
equipped with ballast tanks and that 
operates exclusively in the upper 4 
Great Lakes, or in another enclosed 
aquatic ecosystem in which the poten-
tial for movement of organisms by 
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natural and anthropogenic means is 
not significantly altered by the move-
ment of the vessel, is not required to 
comply with the standards described 
in paragraphs (1) and (2) of sub-
section (b). 
‘‘(II) 
ADDITIONAL
ENCLOSED 
AQUATIC
ECOSYSTEMS.—The Admin-
istrator and Under Secretary, in con-
sultation with regional panels of the 
Task Force, may determine the other 
enclosed aquatic ecosystems that are 
covered by subclause (I).’’. 
(b) BALLAST WATER MANAGEMENT STANDARDS 
AND CERTIFICATION PROCEDURES.—Section 1101 of the 
Nonindigenous Aquatic Nuisance Species Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is further amend-
ed— 
(1) by striking subsections (b) through (f) and 
subsection (h); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) BALLAST WATER MANAGEMENT STANDARDS 
AND CERTIFICATION PROCEDURES.— 
‘‘(1) INTERIM STANDARDS.— 
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‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
Secretary, with the concurrence of the Adminis-
trator and in consultation with the Task Force, 
shall promulgate final regulations establishing 
interim standards indicating acceptable— 
‘‘(i) operational performance for bal-
last water exchange (including contingency 
procedures in instances in which a safety 
exemption is used pursuant to subsection 
(k)); and 
‘‘(ii) biological effectiveness of ballast 
water treatment systems (including on-
shore facilities and facilities on board ves-
sels). 
‘‘(B) REQUIREMENTS.— 
‘‘(i) BALLAST
WATER
EXCHANGE.— 
The interim standard for ballast water ex-
change described in subparagraph (A) shall 
require— 
‘‘(I) at least 1 empty-and-refill 
cycle on the high sea or in an alter-
native exchange area designated by 
the Secretary, of each ballast tank 
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that contains ballast water to be dis-
charged into waters of the United 
States; 
‘‘(II) in a case in which the mas-
ter of a vessel determines that compli-
ance with subclause (I) is impracti-
cable, a sufficient number of flow- 
through exchanges of ballast water, on 
the high sea or in an alternative ex-
change area designated by the Sec-
retary, to achieve replacement of at 
least 95 percent of ballast water in 
ballast tanks of the vessel, as deter-
mined by a certification dye study 
conducted or model developed in ac-
cordance with protocols developed 
under paragraph (3)(B)(i) and re-
corded in the management plan of a 
vessel 
pursuant 
to 
subsection 
(a)(1)(C)(i); and 
‘‘(III) an approved contingency 
procedure using best practicable tech-
nology or practices in instances in 
which a ballast water exchange is not 
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undertaken pursuant to subsection 
(k). 
‘‘(ii) BALLAST SYSTEM DESIGN AND 
WATER
TREATMENT
SYSTEMS.—The in-
terim standard for a ballast water system 
design and treatment system described in 
subparagraph (A) shall require that at 
least 95 percent of the live aquatic 
vertebrates, invertebrates, phytoplankton, 
and macroalgae, respectively, in ballast 
water taken in by a vessel or class of ves-
sels be killed or removed from ballast dis-
charge as determined by the qualified type 
approval process promulgated under para-
graph (3)(B)(ii). 
‘‘(iii) CRITERIA; PERIOD
OF
EFFEC-
TIVENESS.—The interim standards de-
scribed in clauses (i) and (ii) shall— 
‘‘(I) meet occupational safety and 
environmental soundness criteria de-
scribed in paragraph (7); and 
‘‘(II) cease to apply on the effec-
tive date of final standards developed 
pursuant to paragraph (2). 
‘‘(2) FINAL STANDARDS.— 
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‘‘(A) IN GENERAL.—Not later than 4 years 
after the date of enactment of the National 
Aquatic Invasive Species Act of 2005, the Ad-
ministrator, in consultation with the Task 
Force and with the concurrence of the Sec-
retary, shall promulgate final standards for bal-
last water discharge and other vessel operations 
determined to pose a significant risk to the en-
vironment through the introduction of non-
indigenous species. 
‘‘(B) REQUIREMENTS.—The final stand-
ards shall— 
‘‘(i) result from application of the best 
available technology for— 
‘‘(I) the applicable category or 
class of vessels; and 
‘‘(II) the new source or existing 
source status; 
‘‘(ii) have the goal of eliminating the 
risk of introduction into waters of the 
United States by vessels of nonindigenous 
species, 
including 
plant, 
animal, 
and 
human pathogens; 
‘‘(iii) consider findings of scientific 
and policy research; and 
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‘‘(iv) be measurable. 
‘‘(3) CERTIFICATION OF TREATMENTS OR PRAC-
TICES; ENFORCEMENT.— 
‘‘(A) IN
GENERAL.—Not later than the 
date on which interim standards are promul-
gated under paragraph (1) and final standards 
are promulgated under paragraph (2), the Sec-
retary shall, with the concurrence of the Admin-
istrator, promulgate regulations for— 
‘‘(i) the certification of treatments or 
practices that comply with the standards; 
and 
‘‘(ii) ongoing enforcement of the use 
of the treatments or practices. 
‘‘(B) 
CERTIFICATION
UNDER
INTERIM 
STANDARDS.—The certification of treatments 
and practices in compliance with the interim 
standard promulgated pursuant to paragraph 
(1) shall be based on a qualified type approval 
process, including— 
‘‘(i) protocol for ballast water ex-
change involving dye studies or models de-
tailing flow dynamics of vessels described 
in paragraph (1)(B)(i)(II); and 
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‘‘(ii) protocol for qualified type ap-
proval of ballast water treatment systems 
for the interim standard described in para-
graph (1) that— 
‘‘(I) is capable of determining the 
extent to which a ballast water treat-
ment system complies with applicable 
standards, including limitations on 
that compliance caused by— 
‘‘(aa) biological, chemical, or 
physical 
conditions 
of 
water 
taken into ballast; and 
‘‘(bb) conditions encountered 
during a voyage; 
‘‘(II) is capable of determining 
the extent to which a ballast water 
treatment system— 
‘‘(aa) 
is 
environmentally 
sound, based on criteria promul-
gated by the Administrator under 
paragraph (7)(A); and 
‘‘(bb) is safe for vessel and 
crew; 
‘‘(III) may be used in estimating 
the expected useful life of the ballast 
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water treatment system, as deter-
mined on the basis of voyage patterns 
and normal use conditions; 
‘‘(IV) includes a shipboard test-
ing component, and may include a 
shore-based testing component; 
‘‘(V) provides for appropriate 
monitoring; and 
‘‘(VI) is cost effective. 
‘‘(C) 
CERTIFICATION
UNDER
FINAL 
STANDARDS.—The certification of treatments in 
compliance with the final standards issued pur-
suant to paragraph (2) shall— 
‘‘(i) apply to all methods of ballast 
water management and system design, in-
cluding— 
‘‘(I) ballast water exchange; 
‘‘(II) ballast water treatment sys-
tems; and 
‘‘(III) other vessel operations de-
termined to pose a significant risk to 
the environment through the introduc-
tion of nonindigenous organisms; 
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‘‘(ii) be reviewed and, as appropriate, 
revised not less often than every 3 years 
pursuant to subsection (f)(1); 
‘‘(iii) meet occupational safety and en-
vironmental soundness criteria described in 
paragraph (7); and 
‘‘(iv) apply beginning not later than 
October 1, 2011. 
‘‘(4) EXPERIMENTAL APPROVAL FOR BALLAST 
WATER TREATMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if, before the date on which the Sec-
retary promulgates interim ballast water man-
agement standards under paragraph (1), an 
owner or operator of a vessel seeks to conduct 
a treatment of ballast water— 
‘‘(i) the owner or operator shall apply 
to the Secretary for experimental approval 
of the treatment; and 
‘‘(ii) the Secretary shall approve the 
treatment if— 
‘‘(I) the owner or operator pro-
vides to the Secretary independently 
peer-reviewed, pilot-scale information 
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relating to the effectiveness and envi-
ronmental soundness of the treatment; 
‘‘(II) the Secretary and the Ad-
ministrator, in consultation with the 
Task Force (including relevant re-
gional panels, and the Prevention 
Committee, of the Task Force), deter-
mine that the technology to be used 
for the treatment has significant po-
tential to kill or remove at least 95 
percent of the live aquatic vertebrates, 
invertebrates, 
phytoplankton, 
and 
macro algae, respectively, in ballast 
water taken in by the class of vessel 
for which the treatment is sought to 
be conducted; and 
‘‘(III) the Administrator deter-
mines that the treatment meets envi-
ronmental regulations. 
‘‘(B) LIMITATIONS.— 
‘‘(i) PERIOD OF TESTING.—Testing of 
the treatment system approved under this 
section may cease prior to the termination 
of the approval period described in clause 
(ii). 
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‘‘(ii) PERIOD
OF
APPROVAL.—Ap-
proval under subparagraph (A) shall be 
granted for— 
‘‘(I) a period of 10 years or the 
expected useful life of the treatment 
system, whichever is earlier; or 
‘‘(II) until such time as the Sec-
retary or Administrator (as appro-
priate) determine that (based on 
available information, including infor-
mation developed pursuant to clause 
(iii)) there exists a serious deficiency 
in 
performance 
or 
environmental 
soundness of the system relative to 
anticipated performance or environ-
mental soundness. 
‘‘(iii) INFORMATION.—As a condition 
of receiving experimental approval for a 
treatment under subparagraph (A)(ii), the 
owner or operator of a vessel shall agree to 
collect and report such information regard-
ing the operational and biological effective-
ness of the treatment through sampling of 
the intake and discharge ballast as the 
Secretary may request. 
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‘‘(iv) 
RENEWAL.—An 
experimental 
approval may be renewed pursuant to 
paragraph (7)(B). 
‘‘(5) INCENTIVES FOR USE OF TREATMENT SYS-
TEMS.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Secretary of Transportation, and the Adminis-
trator shall assist owners or operators of vessels 
that seek to obtain experimental or interim ap-
proval for installation of ballast water treat-
ment systems, including through providing 
guidance on— 
‘‘(i) a sampling protocol and test pro-
gram for cost-effective treatment evalua-
tion; 
‘‘(ii) sources of sampling equipment 
and field biological expertise; and 
‘‘(iii) examples of shipboard evalua-
tion studies. 
‘‘(B) SELECTION OF TECHNOLOGIES AND 
PRACTICES.—In 
selecting 
technologies 
and 
practices for shipboard demonstration under 
section 1104(b), the Secretary of the Interior 
and the Secretary of Commerce shall give pri-
ority consideration to technologies and practices 
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that have received or are in the process of re-
ceiving approval under paragraphs (1) and (4) 
of this subsection. 
‘‘(C) ANNUAL SUMMARIES.—The Secretary 
shall annually summarize, and make available 
to interested parties, all available information 
on the performance of technologies proposed for 
ballast treatment to facilitate the application 
process for experimental approval for ballast 
water treatment under paragraph (4). 
‘‘(6) APPLICATION FOR APPROVAL.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator may approve only such applica-
tions for qualified type approval of the ballast 
water treatment system that are in such form 
and contain such information as the Secretary 
and Administrator may require. 
‘‘(B) APPROVAL AND DISAPPROVAL.— 
‘‘(i) IN GENERAL.—On receipt of an 
application under subparagraph (A)— 
‘‘(I) the Administrator shall, not 
later than 90 days after the date of 
receipt of the application— 
‘‘(aa) review the application 
for compliance and consistency 
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