Aquatic Nuisance Prevention and Control Act of 1990
PL 101-646 (H.R.5390), enacted 11/29/1990

PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4761 
Public Law 101-646 
101st Congress 
An Act 
To prevent and control infestations of the coastal inland waters of the United States 
by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthor-
ize the National Sea Grant College Program, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
"TITLE I—AQUATIC NUISANCE 
PREVENTION AND CONTROL 
Subtitle A—General Provisions 
Nov. 29, 1990 
[H.R. 5390] 
Nonindigenous 
Aquatic 
Nuisance 
Prevention and 
Control Act of 
1990. 
"SECTION 1001. SHORT TITLE. 
"This title may be cited £is the "Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990". 
"SEC. 1002. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—The Congress finds that— 
"(1) the discharge of untreated water in the ballast tanks of 
vessels and through other means results in unintentional 
introductions of nonindigenous species to fresh, brackish, and 
saltwater environments; 
"(2) 
when 
environmental 
conditions 
are 
favorable, 
nonindigenous species, such as the zebra mussel (Dreissena 
polymorpha), become established and may disrupt the aquatic 
environment and economy of affected coastal areas; 
"(3) the zebra mussel was unintentionally introduced into the 
Great Lakes and, if left uncontrolled, is expected to infest over 
two-thirds of the continental United States through the un-
intentional transportation of larvae and adults by vessels 
operating in inland waters; and 
"(4) the potential economic disruption to communities af-
fected by the zebra mussel due to its colonization of water pipes, 
boat hulls and other hard surfaces has been estimated at 
$5,000,000,000 by the year 2000, and the potential disruption to 
the diversity and abundance of native fish and other species 
could be severe. 
"(b) PURPOSES.—The purposes of this Act are— 
"(1) to prevent unintentional introduction and dispersal of 
nonindigenous species into waters of the United States through 
ballast water mansigement and other requirements; 
"(2) to coordinate federally conducted, funded or authorized 
research, prevention control, information dissemination and 
other activities regarding the zebra mussel and other aquatic 
nuisance species; 
"(3) to develop and carry out environmentally sound control 
methods to prevent, monitor 
and 
control 
unintentional 
16 u s e 4701 
note. 
16 u s e 4701. 
104 STAT. 4762 
PUBLIC LAW 101-646—NOV. 29, 1990 
introductions of nonindigenous species from pathways other 
than ballast water exchange; 
"(4) to understand and minimize economic and ecological 
impacts of nonindigenous aquatic nuisance species that become 
established, including the zebra mussel; and 
"(5) to establish a program of research and technology devel-
opment and assistance to States in the management and re-
moval of zebra mussels. 
16 use 4702. 
"SEC. 1003. DEFINItlONS. 
"As used in this Act, the term— 
"(1) 'appropriate Committees' means the Committee on Mer-
chant Marine and Fisheries in the House of Representatives 
and the Committee on Environment and Public Works and 
Committee on Commerce, Science, and Transportation in the 
Senate; and 
• 
"(2) 'aquatic nuisance species' means a nonindigenous species 
that threatens the diversity or abundance of native species or 
the ecological stability of infested waters, or commercial, agri-
cultural, aquacultural or recreational activities dependent on 
such waters; 
"(3) 'assistant Secretary' means the Assistant Secretary of the 
Army (Civil Works); 
"(4) 'ballast water' means any water and associated sediments 
used to manipulate the trim and stability of a vessel; 
"(5) 'Director' means the Director of the United States Fish 
and Wildlife Service; 
"(6) 'exclusive economic zone' means the Exclusive Economic 
Zone of the United States established by Proclamation Number 
5030, dated March 10, 1983, and the equivalent zone of Canada; 
"(7) 'environmentally sound' methods, efforts, actions or pro-
grams means methods, efforts, actions or programs to prevent 
introductions or control infestations of aquatic nuisance species 
that minimize adverse impacts to the structure and function of 
an ecosystem and adverse effects on non-target organisms and 
ecosystems and emphasize integrated pest management tech-
niques and nonchemical measures; 
"(8) 'Great Lakes' means Lake Ontario, Lake Erie, Lake 
Huron (including Lake St. Clair), Lake Michigan, Lake Supe-
rior, and the connecting channels (Saint Mary's River, Saint 
Clair River, Detroit River, Niagara River, and Saint Lawrence 
River to the Canandian Border), and includes all other bodies of 
water within the drainage basin of such lakes and connecting 
channels. 
"(9) 'nonindigenous species' means any species or other viable 
biological material that enters an ecosystem beyond its historic 
range, including any such organism transferred from one coun-
try into another; 
"(10) 'Secretary' means the Secretary of the department in 
which the Coast Guard is operating; 
"(11) 'Task Force' means the Aquatic Nuisance Species Task 
Force established under section 1201 of this Act; 
"(12) 'territorial sea' means the belt of the sea measured from 
the baseline of the United States determined in accordance with 
international law, as set forth in Presidential Proclamation 
Number 5928, dated December 27,1988; 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4763 
"(13) 'Under Secretary' means the Under Secretary of C!om-
merce for Oceans and Atmosphere; 
"(14) 'waters of the United States' means the navigable 
waters and the territorial sea of the United States; and 
"(15) 'unintentional introduction' means an introduction of 
nonindigenous species that occurs as the result of activities 
other than the purposeful or intentional introduction of the 
species involved, such as the transport of nonindigenous species 
in ballast or in water used to transport fish, moUusks or crusta-
ceans for aquaculture or other purposes. 
"Subtitle B—Prevention of Unintentional 
Introductions of Aquatic Nuisance Species 
•SEC. 1101. AQUATIC NUISANCE SPECIES IN THE GREAT LAKES. 
16 u s e 4711. 
Education. 
Technical 
assistance. 
"(a) GuiDEiJNES.—(1) Not later than 6 months after the date of 
enactment of the Act, the Secretary shall issue voluntary guidelines 
to prevent the introduction and spread of aquatic nuisance species 
into the Great Lakes through the exchange of ballast water of 
vessels prior to entering those waters. 
"(2) 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 each vessel, its crew, and passengers; 
"(C) take into consideration different vessel operating condi-
tions; and 
"(D) be based on the best scientific information available. 
"(3) Within 12 months after the date of enactment of this Act, the 
Secretary shall carry out education and technical assistance pro-
grams and other measures to encourage compliance with the guide-
lines issued under this subsection. 
"(b) AUTHORITY OF SECRETARY.—(1) Within 24 months after the Regulations. 
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) The regulations issued under this subsection shall— 
"(A) require all vessels that carry ballast water and 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(aXl); or 
"(iii) use environmentally sound gdternative 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. 
104 STAT. 4764 
PUBLIC LAW 101-646—NOV. 29, 1990 
"(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) request the Secretary of the Treasury to withhold or 
revoke the clearance required by section 4197 of the Revised 
Statutes (46 App. U.S.C. 91) of a vessel, the owner or operator of 
which is in violation of the regulations; 
"(G) protect the safety of each vessel, its crew, and passengers; 
"(H) take into consideration different vessel operating condi-
tions; and 
"(I) be based on the best scientific information available. 
"(c) CIVIL PENALTIES.—Any person who violates the regulations 
issued under subsection (b) 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. 
"(d) CRIMINAL PENALTIES.—Any person who knowingly violates 
the regulations issued under subsection (b) is guilty of a class C 
felony. 
"(e) CONSULTATION WITH CANADA.—In developing the guidelines 
and regulations, the Secretary is encouraged to consult with the 
Government of Canada to develop an effective international pro-
gram for preventing the introduction and spread of aquatic nuisance 
species in the Great Lakes from the ballast water of vessels. 
16 u s e 4712. 
"SEC. 1102. NATIONAL BALLAST WATER CONTROL PROGRAM. 
"(a) STUDIES ON INTRODUCTION OF AQUATIC NUISANCE SPECIES BY 
VESSELS.— 
"(1) BALLAST EXCHANGE STUDY.—The Task Force shall conduct 
a study— 
"(A) to assess the environmental effects of ballast water 
exchange on the diversity and abundance of native species 
in receiving estuarine, marine, and fresh waters of the 
United States; and 
"(B) to identify areas within the waters of the United 
States and the exclusive economic zone, if any, where the 
exchange of ballast water does not pose a threat of infesta-
tion or spread of aquatic nuisance species in the Great 
Lakes and other waters of the United States. 
"(2) BIOLOGICAL STUDY.—The Task Force shall conduct a study 
to determine whether aquatic nuisance species threaten the 
ecological characteristics and economic uses of waters of the 
United States other than the Great Lakes. 
"(3) SHIPPING STUDY.—The Secretary shall conduct a study to 
determine the need for controls on vessels entering waters of 
the United States, other than the Great Lakes, to minimize the 
risk of unintentional introduction and dispersal of aquatic nui-
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4765 
sance species in those waters. The study shall include £ui exam-
ination of— 
"(A) the degree to which shipping may be a major path-
way of transmission of aquatic nuisance species in those 
waters; 
"(B) possible alternatives for controlling introduction of 
those species through shipping; and 
"(C) the feasibility of implementing regional versus na-
tional control measures. 
"(b) CONSULTATION.—The Secretary and the Task Force shall 
cooperate in conducting their respective studies under this section. 
"(c) REPORTS.— 
"(1) BALLAST EXCHANGE.—Not later than 18 months after the 
date of enactment of this Act and prior to the effective date of 
the regulations issued under section 1101(b), the Task Force 
shall submit a report to the appropriate Committees that pre-
sents the results of the study required under subsection (aXD 
and makes recommendations with respect to such regulations. 
"(2) BIOLOGICAL AND SHIPPING STUDIES.—Not later than 18 
months after the date of enactment of this Act, the Secretary 
and the Task Force shall each submit to the appropriate 
Committees a report on the results of their respective studies 
under paragraphs (2) and (3) of subsection (a). 
"(d) NEGOTIATIONS.—The Secretary, working through the Inter-
national Maritime Organization, is encouraged to enter into negotia-
tions with the governments of foreign countries concerning the 
planning and implementation of measures aimed at the prevention 
and control of unintentional introductions of aquatic nuisance spe-
cies in coastal waters. 
"Subtitle C—Prevention and Control of 
Aquatic Nuisance Species 
"SEC. 1201. ESTABLISHMENT OF TASK FORCE. 
16 USC 4721. 
"(a) TASK FORCE.—There is hereby established an "Aquatic Nui-
sance Species Task Force". 
"(b) MEMBERSHIP.—Membership of the Task Force shall consist 
of— 
"(1) the Director; 
"(2) the Under Secretary; 
"(3) the Administrator of the Environmental Protection 
Agency; 
"(4) the Commandant of the United States Coast Guard; 
"(5) the Assistant Secretary; and 
"(6) the head of any other Federal agency that the chair-
persons designated under subsection (d) deem appropriate. 
"(c) Ex OFFICIO MEMBERS.—The chairpersons designated under 
subsection (d) shall invite representatives of the Great Lakes 
Commission and State agencies and other governmental entities to 
participate as ex officio members of the Task Force. 
"(d) CHAIRPERSONS.—The Director and the Under Secretary shall 
serve as co-chairpersons of the Task Force and shall be jointly 
responsible, and are authorized to undertake such activities as may 
be necessary, for carr5dng out this subtitle in consultation and 
cooperation with the other members of the Task Force. 
104 STAT. 4766 
PUBLIC LAW 101-646—NOV. 29, 1990 
"(e) MEMORANDUM OF UNDERSTANDING.—Within six months of the 
date of enactment of this Act, the Director and the Under Secretary 
shall develop a memorandum of understanding that describes the 
role of each in jointly carrjdng out this subtitle. 
"(f) COORDINATION.—Each Task Force member shall coordinate 
any action to carry out this subtitle with any such action by other 
members of the Teisk Force, and regional, State and local entities. 
16 use 4722. 
"SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM. 
"(a) IN GENERAL.—The Teisk Force shall develop and implement a 
program for waters of the United States to prevent introduction and 
dispersal of aquatic nuisance species; to monitor, control and study 
such species; and to disseminate related information. 
"(b) CONTENT.—The program developed under subsection (a) 
shall— 
"(1) identify the goals, priorities, and approaches for aquatic 
nuisance species prevention, monitoring, control, education and 
research to be conducted or funded by the Federal Government; 
"(2) describe the specific prevention, monitoring, control, edu-
cation and research activities to be conducted by each Task 
Force member; 
"(3) coordinate aquatic nuisance species programs and activi-
ties of Task Force members and affected State agencies; 
"(4) describe the role of each Task Force member in im-
plementing the elements of the program as set forth in this 
subtitle; 
"(5) include recommendations for funding to implement ele-
ments of the program; and 
"(6) develop a demonstration program of prevention, monitor-
ing, control, education and research for the zebra mussel, to be 
implemented in the Great Lakes and any other waters infested, 
or likely to become infested in the near future, by the zebra 
mussel. 
"(c) PREVENTION.— 
"(1) IN GENERAL.—The Task Force shall establish and imple-
ment measures, within the program developed under subsection 
(a), to minimize the risk of introduction of aquatic nuisance 
species to waters of the United States, including— 
"(A) identification of pathways by which aquatic orga-
nisms are introduced to waters of the United States; 
"(B) assessment of the risk that an aquatic organism 
carried by an identified pathway may become an aquatic 
nuisance species; and 
"(C) evaluation of whether measures to prevent introduce 
tions of aquatic nuisance species are effective and environ-
mentally sound. 
Inter- 
"(2) IMPLEMENTATION.—Whenever the Task Force determines 
relSioS^'^ 
that there is a substantial risk of unintentional introduction of 
an aquatic nuisance species by an identified pathway and that 
the adverse consequences of such an introduction are likely to 
be substantial, the Task Force shall, acting through the appro-
priate Federal agency, and after an opportunity for public 
comment, carry out cooperative, environmentally sound efforts 
with regional. State and local entities to minimize the risk of 
such an introduction. 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4767 
"(d) MONITORING.—The Task Force shall establish and implement 
monitoring measures, within the program developed under subsec-
tion (a), to— 
"(1) detect unintentional introductions of aquatic nuisance 
species; 
"(2) determine the dispersal of aquatic nuisance species after 
introduction; and 
"(3) provide for the early detection and prevention of infesta-
tions of aquatic nuisance species in unaffected drainage basins. 
"(e) CONTROL.— 
"(1) IN GENERAL.—The Task Force may develop cooperative 
efforts, within the program established under subsection (a), to 
control established aquatic nuisance species to minimize the 
risk of harm to the environment and the public health and 
welfare. For purposes of this Act, control efforts include eradi-
cation of infestations, reductions of populations, development of 
means of adapting human activities and public facilities to 
accommodate infestations, and prevention of the spread of 
aquatic nuisance species from infested areas. Such control 
efforts shall be developed in consultation with affected Fed-
eral agencies. States, Indian 
Tribes, local 
governments, 
interjurisdictional organizations, and other appropriate entities. 
Control actions authorized by this section shall be based on the 
best available scientific information and shall be conducted in 
an environmentally sound manner. 
"(2) DECISIONS.—The Task Force or any other affected agency 
or entity may recommend that the Task Force initiate a control 
effort. In determining whether a control program is warranted, 
the Task Force shall evaluate the need for control (including the 
projected consequences of no control and less than full control); 
the technical and biological feasibility and cost-effectiveness of 
alternative control strategies and actions; whether the benefits 
of control, including costs avoided, exceed the costs of the 
program; the risk of harm to non-target organisms and 
ecosystems, public health and welfare; and such other consider-
ations the Task Force determines appropriate. The Task Force 
shall also determine the nature and extent of control of target 
aquatic nuisance species that is feasible and desirable. 
"(3) PROGRAMS.—If the Task Force determines in accordance 
with paragraph (2) that control of an aquatic nuisance species is 
warranted, the Task Force shall develop a proposed control 
program to achieve the target level of control. A notice 
summarizing the proposed action and soliciting comments shall 
be published in the Federal Register, in major newspapers in 
the region affected, and in principal trade publications of the 
industries affected. Within 180 days of proposing a control 
program, and after consultation with affected governmental 
and other appropriate entities and taking into consideration 
other comments received, the Task Force shall complete devel-
opment of the proposed control program. 
"(f) RESEARCH.— 
"(1) PRIORITIES.—The Task Force shall, within the program 
developed under subsection (a), conduct research concerning— 
"(A) the environmental and economic risks associated 
with the introduction of aquatic nuisance species into the 
waters of the United States; 
Inter-
governmental 
relations. 
Indians. 
Federal 
Register, 
publication. 
104 STAT. 4768 
PUBLIC LAW 101-646—NOV. 29, 1990 
"(B) the principal pathways by which aquatic nuisance 
species are introduced and dispersed; 
"(C) possible methods for the prevention, monitoring and 
control of aquatic nuisance species; and 
' 
"(D) the assessment of the effectiveness of prevention, 
monitoring and control methods. 
"(2) PROTOCOL.—Within 90 days of the date of enactment of 
this Act, the Task Force shall establish and follow a protocol to 
ensure, that research activities carried out under this subtitle do 
not result in the introduction of aquatic nuisance species to 
waters of the United States. 
"(3) GRANTS FOR RESEARCH,—The Task Force shall allocate 
funds authorized under this Act for competitive research grants 
to study all aspects of aquatic nuisance species, which shall be 
administered through the National Sea Grant College Program 
and the Cooperative Fishery and Wildlife Research Units. 
Grants shall be conditioned to ensure that any recipient of 
funds follows the protocol established under paragraph (2) of 
this subsection. 
"(g) TECHNICAL ASSISTANCE.—The Task Force shall, within the 
program developed under subsection (a), provide technical assist-
ance to State and local governments and persons to minimize the 
environmental, public health, and safety risks associated with 
aquatic nuisance species, including an early warning system for 
advance notice of possible infestations and appropriate responses. 
"(h) EDUCATION.—The Task Force shall, with the program devel-
oped under subsection (a), establish and implement educational 
programs through Sea Grant Marine Advisory Services and any 
other available resources that it determines to be appropriate to 
inform the general public. State governments, governments of politi-
cal subdivisions of States, and industrial and recreational users of 
aquatic resources in connection with matters concerning the identi-
fication of aquatic nuisance species, and control methods for such 
species, including the prevention of the further distribution of such 
species. 
"(i) ZEBRA MUSSEL DEMONSTRATION PROGRAM.— 
"(1) IN GENERAL.—The Task Force shall, within the program 
developed under subsection (a), undertake a program of preven-
tion, monitoring, control, education and research for the zebra 
mussel to be implemented in the Great Lakes and any other 
waters of the United States infested or likely to become infested 
by the zebra mussel, including— 
"(A) research and development concerning the species life 
history, environmental tolerances and impacts on fisheries 
and other ecosystem components, and the efficacy of control 
mechanisms and means of avoiding or minimizing impacts; 
"(B) tracking the dispersal of the species and establish-
ment of an early warning system to alert likely areas of 
future infestations; 
"(C) development of control plans in coordination with 
regional. State and local entities; and 
(D) provision of technical assistance to regional. State 
and local entities to carry out this section. 
"(2) 
PUBUC 
FACIUTY RESEARCH AND DEVELOPMENT.—The 
Assistant Secretary, in consultation with the Task Force, shall 
develop a program of research and technology development for 
the environmentally sound control of zebra mussels in and 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4769 
around public facilities. The Assistant Secretary shall collect 
and make available, through publications and other appropriate 
means, information pertaining to such control methods, 
"(j) IMPLEMENTATION.— 
"(1) REGULATIONS.—Not later than 18 months after the date 
of the enactment of this Act, the Director and the Under 
Secretary may issue such rules and regulations as may be 
necessary to implement this section. 
"(2) PARTICIPATION OF OTHERS.—The Task Force shall provide 
opportunities for affected Federal agencies which are not part of 
the Task Force, State and local government agencies, and re-
gional and other entities with the necessary expertise to partici-
pate in control programs. If these other agencies or entities 
have sufficient authority or jurisdiction and expertise and 
where this will be more efficient or effective, responsibility for 
implementing all or a portion of a control program may be 
delegated to such agencies or entities, 
"(k) REPORTS.— 
"(1) Not later than 12 months after the date of enactment of 
this Act, the Task Force shall submit a report describing the 
program developed under subsection (a), including the research 
protocol required under subsection (f)(2), to the appropriate 
Committees. 
"(2) On an annual basis after the submission of the report 
under paragraph (1), the Task Force shall submit a report to the 
appropriate Committees detailing progress in carrjdng out this 
* 
section. 
"SEC. 1203. GREAT LAKES REGIONAL COORDINATION. 
16 USC 4723. 
"(a) IN GENERAL.—Not later than 30 days following the date of 
enactment of this Act, the Task Force shall request that the Great 
Lakes Commission (established under Article IV of the Great Lakes 
Compact to which the Congress granted consent in the Act of July 
24, 1968, P.L. 90-419) convene a panel of Great Lakes representa-
tives from Federal, State and local agencies and from private 
environmental and commercial interests_to— 
"(1) identify priorities for the Great Lakes with respect to 
aquatic nuisance species; 
"(2) make recommendations to the Task Force regarding 
programs to carry out section 1202(i) of this Act; 
"(3) assist the Task Force in coordinating Federal aquatic 
nuisance species program activities in the Great Lakes; 
"(4) coordinate, where possible, aquatic nuisance species pro-
gram activities in the Great Lakes that are not conducted 
pursuant to this Act; 
"(5) provide advice to public and private individuals and fH^lic 
entities concerning methods of controlling aquatic nuisance i»^*ormation. 
species; and 
"(6) submit annually a report to the Task Force describing Reports, 
activities within the Great Lakes related to aquatic nuisance 
species prevention, research, control. 
"Ot)) CONSULTATION.—The Task Force shall request that the Great 
Lakes Fishery Commission provide information to the panel con-
vened under this section on technical and policy matters related to 
the international fishery resources of the Great Lakes. 
104 STAT. 4770 
PUBLIC LAW 101-646-NOV. 29, 1990 
"(c) CANADIAN PARTICIPATION.—The panel convened under this 
section is encourage to invite representatives from the Federal, 
provincial or territorial governments of Canada to participate as 
observers. 
16 use 4724. 
"SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS. 
"(a) STATE PLAN.— 
"(1) IN GENERAL.—The Governor of each State may, after 
notice and opportunity for public comment, prepare and 
submit— 
"(A) a comprehensive management plan to the Task 
Force for approval which identifies those areas or activities 
within the State, other than those related to public facili-
ties, for which technical and financial assistance is needed 
to eliminate or reduce the environmental, public health, 
and safety risks associated with aquatic nuisance species, 
particularly the zebra mussel; and 
"(B) a public facility management plan to the Assistant 
Secretary for approval which is limited solely to identifjdng 
those public facilities within the State for which technical 
and financial assistance is needed to reduce infestations of 
zebra mussels. 
"(2) CONTENT.—Each plan shall, to the extent possible, iden-
tify the management practices and measures that will be under-
taken to reduce infestations of aquatic nuisance species. Each 
plan shall— 
"(A) identify and describe State and local programs for 
environmentally sound prevention and control of the target 
aquatic nuisance species; 
"(B) identify Federal activities that may be needed for 
environmentally sound prevention and control of aquatic 
nuisance species and a description of the manner in which 
those activities should be coordinated with State and local 
government activities; and 
"(C) a schedule of implementing the plan, including a 
schedule of annual objectives. 
"(3) CONSULTATION.— 
"(A) In developing and implementing a management 
plan, the State should, to the maximum extent practicable, 
involve local governments and regional entities, and public 
and private organizations that have expertise in the control 
of aquatic nuisance species. 
"(B) Upon the request of a State, the Task Force or the 
Assistant Secretary, as appropriate under paragraph (1), 
may provide technical assistance in developing and im-
plementing a management plan. 
"(4) PLAN APPROVAL.—Within 90 days after the submission of 
a management plan, the Task Force or the Assistant Secretary 
in consultation with the Task Force, as appropriate under 
paragraph (1), shall review the proposed plan and approve it if it 
meets the requirements of this subsection or return the plan to 
the Governor with recommended modifications. 
"(b) GRANT PROGRAM.— 
"(1) STATE GRANTS.—The Director or the Assistant Secretary, 
as appropriate under subsection (a), may, at the recommenda-
tion of the Task Force, make grants to States with approved 
management plans for the implementation of those plans. 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4771 
"(2) APPUCATION.—An application for a grant under this 
subsection shall include an identification and description of the 
best management practices and measures which the State pro-
poses to utilize in implementing an approved mansigement plan 
with any Federal assistance to be provided under the grsint. 
"(3) FEDERAL SHARE.— 
"(A) The Federal share of the cost of each comprehensive 
management plan implemented with Federal assistance 
under this section in any ^ c a l year shall not exceed 75 
percent of the cost incurred by the State in implementing 
such management program and the non-Federal share of 
such costs shall be provided from non-Federal sources. 
"(B) The Federal share of the cost of each public facility 
man£igement plan implemented with Federal assist£mce 
under this section in any fiscal year shall not exceed 50 
percent of the cost incurred by the State in implementing 
such management program and the non-Federal share of 
such costs shall be provided from non-Federal sources. 
"(4) ADMINISRATIVE COSTS.—For the purposes of this section, 
administrative costs for activities and programs carried out 
with a grant in any fiscal year shall not exceed 5 percent of the 
amount of the grant in that year. 
"(5) IN-KIND CONTRIBUTIONS.—In addition to cash outlays and 
pa3niients, in-kind contributions of property or personnel serv-
ices by non-Federal interests for activities under this section 
may be used for the non-Federal share of the cost of those 
activities. 
"SEC. 1205. RELATIONSHIP TO OTHER LAWS. 
16 USC 4725. 
"All actions taken by Federal agencies in implementing the provi-
sions of section 1202 shall be consistent with all applicable Federal, 
State, and local environmental laws. Nothing in this title shall 
affect the authority of any State or political subdivision thereof to 
adopt or enforce control measures for aquatic nuisance species, or 
diminish or affect the jurisdiction of any State over species of fish 
and wildlife. Compliance with the control and eradication measures 
of any State or political subdivision thereof regarding aquatic nui-
sance species shall not relieve any person of the obligation to comply 
with the provisions of this subtitle. 
"SEC. 1206. INTERNATIONAL COOPERATION. 
16 USC 4726. 
"(a) ADVICE.—The Task Force shall provide timely advice to the 
Secretary of State concerning aquatic nuisance species that infest 
waters shared with other countries. 
"0)) NEGOTIATIONS.—The Secretary of State, in consultation with 
the Task Force, is encouraged to initiate negotiations with the 
governments of foreign countries concerning the planning and im-
plementation of prevention, monitoring, research, education, and 
control programs related to aquatic nuisance species infesting 
shared water resources. 
"SEC. 1207. INTENTIONAL INTRODUCTIONS POLICY REVIEW. 
Reports. 
Ifi IIST' 4.727 
"Within one year of the date of enactment of this Act, the Task 
Force shall, in consultation with State fish and wildlife agencies, 
other regional, State and local entities, potentially affected indus-
tries and other interested parties, identify and evaluate approaches 
for reducing the risk of adverse consequences associated with inten-
104 STAT. 4772 
PUBLIC LAW 101-646—NOV. 29, 1990 
tional introduction of aquatic organisms and submit a report of their 
findings, conclusions and recommendations to the appropriate 
Committees. 
"SEC. 1208. INJURIOUS SPECIES. 
"Section 42(a) of title 18, United States Code is amended by 
inserting "of the zebra mussel of the species Dreissena polymorpha;" 
after "Pteropus;". 
Guam. 
"SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM. 
1 fi T ISC 4728 
"The Task Force shall, within the program developed under 
subsection (a), undertake a comprehensive, environmentally sound 
program in coordination with regional, territorial, State and local 
entities to control the brown tree snake (Boiga irregularis) in Guam 
and other areas where the species is established outside of its 
historic range. 
"Subtitle D—Authorizations of Appropriation 
16 use 4741. 
"SEC. 1301. AUTHORIZATIONS. 
"(a) PREVENTION OF UNINTENTIONAL INTRODUCTIONS.—There are 
authorized to be appropriated to develop and implement the provi-
sions of subtitle B— 
"(1) $500,000 until the end of fiscal year 1992 to the Secretary 
to carry out sections 1101 and 1102(a)(3); 
"(2) $2,000,000 until the end of fiscal year 1992 to the Director 
and Under Secretary to carry out the studies under sections 
1102(a)(1) and 1102(a)(2; and 
"(3) $1,000,000 for each of fiscal years 1993, 1994, and 1995 to 
the Secretary for implementation and enforcement of the regu-
lations promulgated under section 1101. 
"(b) TASK FORCE AND AQUATIC NUISANCE SPECIES PROGRAM.— 
There are authorized to be appropriated for each of fiscal years 1991, 
1992, 1993, 1994, and 1995 to develop and implement the provisions 
of subtitle C— 
"(1) $7,000,000 to the Director to carry out sections 1202 and 
1209; 
"(2) $5,000,000 to the Under Secretary to carry out section 
1202; 
"(3) $1,125,000 to fund aquatic nuisance species prevention 
and control research under section 1202(i) at the Great Lakes 
Environmental Research Laboratory of the National Oceanic 
and Atmospheric Administration; 
"(4) $5,000,000 for competitive grants for university research 
on aquatic nuisance species under section 1202(f)(3) as follows: 
"(A) $3,375,000 to fund grants under section 206 of the 
National Sea Grant College Program Act (33 U.S.C. 1125), 
and of this amount, $2,500,000 to fund grants in the Great 
Lakes region; and 
"(B) $1,675,000 to fund grants through the Cooperative 
Fisheries and Wildlife Research Unit Program of the 
United States Fish and Wildlife Service; 
"(5) $500,000 to fund Sea Grant Marine Advisory Services 
education and technical assistance related to infestations of 
zebra mussels under sections 1202(g) and (h); 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4773 
"(6) $200,000 to fund aquatic nuisance species prevention and 
control activities of the Great Lakes Commission; and 
"(7) $2,000,000 to the Assistant Secretary to carry out section 
1202(iX2). 
"(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—There are 
au-
thorized to be appropriated for each of fiscal years 1991, 1992, 1993, 
1994, and 1995 to make grants under section 1204— 
"(1) $2,500,000 to the Director; and 
"(2) $5,000,000 to the Assistant Secretary. 
"(d) INTENTIONAL INTRODUCTIONS POLICY REVIEW.—There are 
au-
thorized to be appropriated for fiscal year 1991, $500,000 to the 
Director and the Under Secretary to conduct the intentional 
introduction policy review under section 1207. 
"Subtitle E—Cooperative Environmental 
Analyses 
"SEC. 1401. ENVIRONMENTAL IMPACT ANALYSES. 
"The Secretary of State, in consultation with the Ck)uncil on 
Environmental Quality, is encouraged to enter into negotiations 
with the governments of Canada and Mexico to provide for recip-
rocal cooperative environmental impact analysis of major Federal 
actions which have significant transboundary effects on the quality 
of the human environment in the United States, Canada, and 
Mexico. 
Canada. 
Mexico. 
16 use 4751. 
"TITLE II—GREAT LAKES FISH AND 
WILDLIFE RESTORATION 
SECTION 2001. SHORT TITLE. 
"This title may be cited as the "Great Lakes Fish and Wildlife 
Restoration Act of 1990". 
"SEC. 2002. FINDINGS. 
"The Congress finds and declares the following: 
"(1) As the human population of the Great Lakes Basin has 
expanded to over 35,000,000 people, great demands have been 
placed on the lakes for use for boating and other recreation, 
navigation, municipal and industrial water supply, waste dis-
posal, power production, £ind other purposes. These growing and 
often conflicting demands exert pressure on the fish and wild-
life resources of the Great Lakes Basin, including in the form of 
contaminants, invasion by nonindigenous species, habitat deg-
radation and destruction, legal and illegal fishery resource 
harvest levels, and sea lamprey predation. 
"(2) The fishery resources of the Great Lakes support rec-
reational fisheries enjoyed by more than 5,000,000 people 
annually and commercial fisheries providing approximately 
9,000 jobs. Together, these fisheries generate economic activity 
worth more than $4,400,000,000 annually to the United States. 
"(3) The availability of a suitable forage base is essential to 
lake trout, walleye, yellow perch, and other recreational and 
commercially valuable fishery resources of the Great Lakes 
Basin. Protecting and restoring productive fish habitat, includ-
Great Lakes 
Fish and 
Wildlife 
Restoration Act 
of 1990. 
16 u s e 941 
note. 
16 use 941. 
104 STAT. 4774 
PUBLIC LAW 101-646—NOV. 29, 1990 
ing by protecting water quality, is essential to the successful 
recovery of Great Lakes Basin fishery resources. 
"(4) The Great Lakes Basin contains important breeding and 
migration habitat for all types of migratory birds. Many migra-
tory bird species dependent on deteriorating Great Lakes Basin 
habitat have suffered serious population declines in recent 
years. 
"(5) Over 80 percent of the original wetlands in the Great 
Lakes Basin have been destroyed and such losses continue at a 
rate of 20,000 acres annually. 
"(6) Contaminant burdens in the fish and wildlife resources of 
the Great Lakes Basin are substantial and the impacts of those 
contaminants on the life functions of important fish and wildlife 
resources are poorly understood. Concern over the effects of 
those contaminants on human health have resulted in numer-
ous public health advisories recommending restricted or no 
consumption of Great Lakes fish. 
"(7) The lower Great Lakes are uniquely different from the 
upper Great Lakes biologically, physically, and in the degree of 
human use and shoreline development, and special fishery 
resource assessments and management activities are necessary 
to respond effectively to these special circumstances. 
16 use 941a. 
"SEC. 2003. PURPOSE. 
"The purposes of this Act are— 
"(1) to carry out a comprehensive study of the status, and the 
assessment, management, and restoration needs, of the fishery 
resources of the Great Lakes Basin; 
"(2) to develop proposals to implement recommendations 
resulting from that study; and 
"(3) to provide assistance to the Great Lakes Fisheries 
Commission, States, Indian Tribes, and other interested entities 
to encourage cooperative conservation, restoration and manage-
ment of the fish and wildlife resources and their habitat of the 
Great Lakes Basin. 
16 use 941b. 
"SEC. 2004. DEFINITIONS. 
"In this Act— 
"(1) the term "Administrator" means the Administrator of 
the Environmental Protection Agency; 
"(2) the term "Director" means the Director of the United 
States Fish and Wildlife Service; 
"(3) the term "fish stock" means— 
"(A) a taxonomically distinct species or subspecies of fish; 
or 
"(B) any other aggregation of fish that are geographi-
cally, ecologically, behaviorally, or otherwise limited from 
breeding with individuals from other groups of fish and are 
capable of management as a unit; 
"(4) the term "Great Lakes Basin" means the air, land, water, 
and living organisms within the drainage basin of the Saint 
Lawrence River at or upstream from the point at which the 
river becomes the international boundary between Canada and 
^ 
the United States; 
"(5) the term "Indian Tribe" means any Indian tribe, band, 
village, nation, or other oi^anized group or community that is 
recognized by the Bureau of Indian Affairs as eligible for the 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4775 
special programs and services provided by the United States to 
Indians because of their status as Indians; 
"(6) the term "lower Great Lakes" means the region in which 
is located that portion of the Great Lakes Basin which is 
downstream from the confluence of the Saint Clair River and 
Lake Huron near Port Huron, Michigan; 
"(7) the term "upper Great Lakes means that portion of the 
Great Lakes Basin which is upstream from the confluence of the 
Saint Clair River and Lake Huron near Port Huron, Michigan. 
"(8) the term "nonindigenous species" means a species of 
plant or animal that did not occur in the Great Lake Basin 
before European colonization of North America; 
"(9) the term "Secretary" means the Secretary of the Army; 
and 
"(10) the term "State Director" means the head of the agency, 
department, board, commission, or other governmental entity of 
each of the States of New York, Ohio, Indiana, Illinois, Michi-
gan, Wisconsin, Minnesota, and the Commonwealth of Penn-
sylvania which is responsible for the management and con-
servation of the fish and wildlife resources of that State. 
"SEC. 2005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY. 16 USC 941c. 
"(a) IN GENERAL.—The Director shall conduct a comprehensive 
study of the status of, and the assessment, management, aad res-
toration needs of, the fishery resources of the Great Lakes Basin and 
shall provide the opportunity for the Secretary, the Administrator, 
State Directors, Indian Tribes, the Great Lakes Fishery Commission, 
appropriate Canadian Government entities, and other appropriate 
entities to participate in the study. The Director shall complete the 
study by October 1,1994. 
"(b) MEMORANDUM OF UNDERSTANDING.—To provide opportunities 
for the full participation of all affected entities in the planning and 
conduct of the study, the Director shall invite the entities identified 
in subsection (a) to enter into a memorandum of understanding 
regarding the scope and focus of the study and the responsibilities of 
each participant for conducting the study. 
"(c) CONTENT OF STUDY.—A study under this section shall include, 
but not be limited to— 
"(1) identif3dng and describing the component drainages of 
the Great Lakes Basin (including the drainage for each of the 
Great Lakes), analyzing how the characteristics and current or 
expected land and water uses of those drainages have affected, 
and can be expected to affect in the future, the fishery resources 
and fish habitats of the Great Lakes Basin; 
"(2) analyzing historical fishery resource data for the Great 
Lakes Basin to identify the causes of past and continuing 
clines of the fishery resources and the impediments to restoring 
those resources; 
"(3) evaluating the adequacy, effectiveness, and consistency of 
current Great Lakes interagency fisheries management plans 
and Federal and State water quality programs, with respect to 
their effects on Great Lakes fishery resources; 
"(4) analyzing the impacts of, and management control alter-
natives for, recently introduced nonindigenous species, includ-
ing the zebra mussel, the ruffe, and the spiny water flea in 
accordance with the Aquatic Nuisance Prevention and Control 
Act of 1990; 
39-194 O - 91 - 13 : QL 3 Part 6 
104 STAT. 4776 
PUBLIC LAW 101-646—NOV. 29, 1990 
\ 
' 
"(5) developing recommendations regarding— 
"(A) an action plan to analyze the effects of contaminant 
levels on fishery resources; 
5 ^ 
"(B) an action plan for the cooperative restoration and 
i'i~(' 
enhancement of depleted, nationally significant fish stocks, 
including lake trout, yellow perch, lake sturgeon, walleye, 
forage fish, and Atlantic salmon; 
"(C) planning and technical assistance that should be 
provided to the Great Lakes Fisheries Commission, States, 
and Indian Tribes to assist their fishery resource restora-
tion efforts; 
" 
,^ 
"(D) mitigation measures to restore and enhance fishery 
'*' 
resources adversely affected by past Federal (including fed-
erally assisted or approved) water resource development 
projects and other activities; 
"(E) increasing the involvement of the International 
Joint Commission, the Great Lakes Commission, the Great 
, , 
Lakes Fishery Commission, and other interjurisdictional 
entities regarding fishery resources protection, restoration, 
and enhancement; 
" 
• 
«' 
"(F) research projects and data gathering initiatives 
regarding population trends of fish stocks, including popu-
lation abundance and structure, interspecific competition, 
survival rates, and behavioral patterns; 
"(G) important fishery resource habitat and other areas 
that should be protected, restored, or enhanced for the 
benefit of Great Lakes fishery resources; 
'i-v • f 
"(H) how private conservation organizations, recreational 
and commercial fishing interests, the aquaculture industry, 
;-^ ' 
and the general public could contribute to the implementa-
tion of the fishery resource restoration and enhancement 
recommendations developed pursuant to this Act; and 
"(I) appropriate contributions that should be made by 
States and other non-Federal entities to the cost of activi-
^ 
ties undertaken to implement the 
recommendations, 
including a description of— 
"(i) the activities that shall be cost-shared; 
"(ii) the entities or individuals which shall share the 
J' 
,.. 
costs of those activities; 
, \ . 
"(iii) the proportion of appropriate project and activ-
J^ 
ity costs that shall be borne by non-Federal interests; 
and 
"(iv) how the entities or individuals who share costs 
should finance their contribution. 
"(d) 
PROPOSALS FOR 
IMPLEMENTING 
RECOMMENDATIONS.—The 
Director shall develop proposals for implementing the recommenda-
tions of the study developed under subsection (cX5). The proposals 
shall be consistent with the goals of the Great Lakes Water Quality 
Agreement, as revised in 1987, the 1954 Great lakes Fisheries 
Convention, State and tribal fishery management jurisdiction, and 
the 1980 Joint Strategic Plan for the management of Great Lakes 
fishery resources. 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4777 
"SEC. 2006. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PRO- 16 USC 941d. 
GRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE 
RESOURCES. 
"In administering programs of the United States Fish and Wild-
life Service related to the Great Lakes Basin, the Director shall seek 
to achieve the following goals: 
"(1) Restoring and maintaining self-sustaining fishery re-
source populations. 
"(2) Minimizing the impacts of contaminants on fishery and 
wildlife resources. 
"(3) Protecting, maintaining, and, where degraded and de-
stroyed, restoring fish and wildlife habitat, including the 
enhancement and creation of wetlands that result in a net gain 
in the amount of those habitats. 
"(4) Stopping illegal activities adversely impacting fishery 
and wildlife resources. 
"(5) Restoring threatened and endangered species to viable, 
self-sustaining levels. 
"(6) Protecting, managing, and conserving migratory birds. 
"SEC. 2007. ESTABLISHMENT OF OFFICES. 
16 USC 941e. 
"(a) GREAT LAKES COORDINATION OFFICE.—The Director shall 
establish a centrally located facility for the coordination of all 
United States Fish an Wildlife Service activities in the Great Lakes 
Basin, to be known as the "Great Lakes Coordination Office". The 
functional responsibilities of the Great Lakes Coordination Office 
shall include intra- and interagency coordination, information dis-
tribution, and public awareness outreach. The Great Lakes Co-
ordination Office shall include all administrative and technical 
support necessary to carry out its responsibilities. 
"(b) LOWER GREAT LAKES FISHERY RESOURCES OFFICE.—The Direc-
tor shall establish an office with necessary administrative and 
technical support services to carry out sdl United States Fish and 
Wildlife Service operational activities related to fishery resource 
protection, restoration, maintenance, and enhancement in the 
Lower Great Lakes. The office shall be known as the "Lower Great 
Lakes Fishery Resources Office", and shall be centrally located in 
the lower Great Lakes so as to facilitate fishery resource restoration 
and enhancement activities relating to the lower Great Lakes. 
"(c) UPPER GREAT LAKES FISHERY RESOURCES OFFICES.—The Direc-
tor shall establish one or more offices with necessary administrative 
and technical support services to carry out United States Fish and 
Wildlife Service operational activities related to fishery resource 
protection, restoration, maintenance, and enhancement in the upper 
Great Lakes. Each of the offices shall be known as an "Upper Great 
Lakes Fishery Resources Office", and shall be appropriately located 
so as to facilitate fishery resource activities in the upper Great 
Lakes. 
"SEC. 2008. ANNUAL REPORTS. 
16 USC 941f. 
"Not later than 1 year after the date of the enactment of this Act 
and annually thereafter, the Director shall submit a report to the 
Committee on Merchant Marine and fisheries of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate. Each such report shall describe— 
"(1) the progress and findings of the studies conducted under 
section 2005, including recommendations of implementing 
104 STAT. 4778 
PUBLIC LAW 101-646—NOV. 29, 1990 
r 
«' 
activities, where appropriate, that would contribute to the res-
toration or improvement of one or more fish stocks of the Great 
Lakes Basin; and 
"(2) activities undertaken to accomplish the goals stated in 
section 2006. 
16 use 941g. 
"SEC. 2009. AUTHORIZATION OF APPROPRIATIONS. 
"(a) There are authorized to be appropriated to the Director— 
"(1) for conducting a study under section 2005 not more than 
$4,000,000 for each of fiscal years 1991 through 1994; 
"(2) to establish and operate the Great Lakes Coordination 
Office under section 2008(a) and Upper Great Lakes Fishery 
^ 
Resources Offices under section 2008(c), not more than 
$4,000,000 for each of fiscal years 1991 through 1995; and 
"(3) to establish and operate the Lower Great Lakes Fishery 
Resources Offices under section 2008(b), not more than 
$2,000,000 for each of fiscal years 1991 through 1995. 
"(b) There are authorized to be appropriated to the Secretary to 
carry out this Act, not more than $1,500,000 for each of fiscal years 
1991 through 1995.". 
g^SSds 
TITLE III—WETLANDS 
Planning, 
Protection and 
ggc. 301. SHORT TITLE. 
Restoration Act. 
16 use 3951 
This title may be cited as the "Coastal Wetlands Planning, Protec-
"°*®- 
tion and Restoration Act". 
16 use 3951. 
SEC. 302. DEFINITIONS. 
As used in this title, the term— 
(1) "Secretary" mesms the Secretary of the Army; 
1 
(2) "Administrator" means the Administrator of the Environ-
i 
mental Protection Agency; 
(3) "development activities" means any activity, including the 
discharge of dredged or fill material, which results directly in a 
more than de minimus change in the hydrologic regime, bottom 
contour, or the type, distribution or diversity of hydroph3rtic 
vegetation, or which impairs the flow, reach, or circulation of 
surface water within wetlands or other waters; 
(4) "State" means the State of Louisiana; 
(5) "coastal State" means a State of the United States in, or 
bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of 
Mexico, Long Island Sound, or one or more of the Great Lakes; 
for the purposes of this title, the term also includes Puerto Rico, 
l 
the Virgin Islands, Guam, the Commonwealth of the Northern 
" 
Mariana Islands, and the Trust Territories of the Pacific 
^ 
t 
Islands, and American Samoa; 
(6) "coastal wetlands restoration project" means any tech-
nically feasible activity to create, restore, protect, or enhance 
coastal wetlands through sediment and freshwater diversion, 
water management, or other measures that the Task Force 
; 
finds 
will significantly contribute to the long-term restoration 
. 
or protection of the physical, chemical and biological integrity 
^ 
of coastal wetlands in the State of Louisiana, and includes any 
such activity authorized under this title or under any other 
provision of law, including, but not limited to, new projects, 
completion or expansion of existing or on-going projects, individ-
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4779 
ual phases, portions, or components of projects and operation, 
maintanence and rehabilitation of completed projects; the pri-
mary purpose of a "coastal wetlands restoration project" shall 
not be to provide navigation, irrigation or flood control benefits; 
(7) "coastal wetlands conservation project" means— 
(A) the obtaining of a real property interest in coastal 
lands or waters, if the obtaining of such interest is subject 
to terms and conditions that will ensure that the real 
property will be administered for the long-term conserva-
tion of such lands and waters and the hydrology, water 
quality and fish and wildlife dependent thereon; and 
(B) the restoration, management, or enhancement of 
coastal wetlands ecosystems if such restoration, manage-
ment, or enhancement is conducted on coastal lands and 
waters that are administered for the long-term conserva-
tion of such lands and waters and the hydrology, water 
quality and fish and wildlife dependent thereon; 
(8) "Governor" means the Governor of Louisiana; 
(9) "Task Force" means the Louisiana Coastal Wetlands Con-
servation and Restoration Task Force which shall consist of the 
Secretary, who shall serve as chairman, the Administrator, the 
Governor, the Secretary of the Interior, the Secretary of Agri-
culture and the Secretary of Commerce; and 
(10) "Director" means the Director of the United States Fish 
and Wildlife Service. 
SEC. 303. PRIORITY LOUISIANA COASTAL WETLANDS RESTORATION 16 USC 3952. 
PROJECTS. 
(a) PRIORITY PROJECT LIST.— 
(1) PREPARATION OF UST.—Within forty-five days after the 
date of enactment of this title, the Secretary shall convene the 
Task Force to initiate a process to identify and prepare a list of 
coastal wetlands restoration projects in Louisiana to provide for 
the long-term conservation of such wetlands and dependent fish 
and wildlife populations in order of priority, based on the cost-
effectiveness of such projects in creating, restoring, protecting, 
or enhancing coastal wetlands, taking into account the quality 
of such coastal wetlands, with due allowance for small-scale 
projects necessary to demonstrate the use of new techniques or 
materials for coastal wetlands restoration. 
(2) TASK FORCE PROCEDURES.—The Secretary shall convene 
meetings of the Task Force as appropriate to ensure that the list 
is produced and transmitted annually to the Congress as re-
quired by this subsection. If necessary to ensure transmittal of 
the list on a timely basis, the Task Force shall produce the list 
by a majority vote of those Task Force members who are 
present and voting; except that no coastal wetlands restoration 
project shall be placed on the list without the concurrence of the 
lead Task Force member that the project is cost effective and 
sound from an engineering perspective. Those projects which 
potentially impact navigation or flood control on the lower 
Mississippi River System shall be constructed consistent with 
section 304 of this Act. 
(3) TRANSMITTAL OF UST.—No later than one year after the 
date of enactment of this title, the Secretary shall transmit to 
the Congress the list of priority coastal wetlands restoration 
projects required by paragraph (1) of this subsection. Thereafter, 
104 STAT. 4780 
PUBLIC LAW 101-646—NOV. 29, 1990 
the list shall be updated annually by the Task Force members 
and transmitted by the Secretary to the Congress as part of the 
Reports. 
President's annual budget submission. Annual transmittals of 
the list to the Congress shall include a status report on each 
project and a statement from the Secretary of the Tresisury 
indicating the amounts available for expenditure to carry out 
this title. 
(4) LIST OF CONTENTS.— 
(A) AREA IDENTIFICATION; PROJECT DESCRIPTION.—The list 
of priority coastal wetlands restoration projects shall in-
clude, but not be limited to— 
(i) identification, by map or other means, of the 
coastal area to be covered by the coastal wetlands 
restoration project; and 
(ii) a detailed description of each proposed coastal 
wetlands restoration project including a justification 
for including such project on the list, the proposed 
activities to be carried out pursuant to each coastal 
wetlands restoration project, the benefits to be realized 
by such project, the identification of the lead Task 
Force member to undertake each proposed coastal wet-
lands restoration project and the responsibilities of 
each other participating Task Force member, an esti-
mated timetable for the completion of each coastal 
wetlands restoration project, and the estimated cost of 
each project. 
(B) PRE-PLAN.—Prior to the date on which the plan re-
quired by subsection (b) of this section becomes effective, 
such list shall include only those coastal wetlands restora-
tion projects that can be substantially completed during a 
five-year period commencing on the date the project is 
placed on the list. 
(C) Subsequent to the date on which the plan required by 
subsection (b) of this section becomes effective, such list 
shall include only those coastal wetlands restoration 
projects that have been identified in such plan. 
(5) FUNDING.—The Secretary shall, with the funds made 
available in accordance with section 306 of this title, allocate 
funds among the members of the Task Force based on the need 
for such funds and such other factors as the Task Force deems 
appropriate to carry out the purposes of this subsection. 
0)) FEDERAL AND STATE PROJECT PLANNING.— 
(1) PLAN PREPARATION.—The Task Force shall prepare a plan 
to identify coastal wetlands restoration projects, in order of 
priority, based on the cost-effectiveness of such projects in 
creating, restoring, protecting, or enhancing the long-term con-
servation of coastal wetlands, taking into account the quality of 
such coastal wetlands, with due allowance for small-scale 
projects necessary to demonstrate the use of new techniques or 
materials for coastal wetlands restoration. Such restoration 
plan shall be completed within three years from the date of 
enactment of this title. 
(2) PURPOSE OF THE PLAN.—The purpose of the restoration 
plan is to develop a comprehensive approach to restore and 
prevent the loss of, coastal wetlands in Louisiana. Such plan 
shall coordinate and integrate coastal wetlands restoration 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4781 
projects in a manner that will ensure the long-term conserva-
tion of the coastal wetlands of Louisiana. 
(3) INTEGRATION OF EXISTING PLANS.—In developing the res-
toration plan, the Task Force shall seek to integrate the "Lou-
isiana Comprehensive Coastal Wetlands Feasibility Study" 
conducted by the Secretary of the Army and the "Coeistal 
Wetlands Conservation and Restoration Plan" prepared by the 
State of Louisiana's Wetlands Conservation and Restoration 
Task Force. 
(4) ELEMENTS OP THE PLAN.—The restoration plan developed 
pursuant to this subsection shall include— 
(A) identification of the entire area in the State that 
contains coastal wetlands; 
(B) identification, by map or other means, of coastal areas 
in Louisiana in need of coastal wetlands restoration 
projects; 
(C) identification of high priority coastal wetlands res-
toration projects in Louisiana needed to address the areas 
identified in subparagraph (B) and that would provide for 
the long-term conservation of restored wetlands and 
dependent fish and wildlife populations; 
(D) a listing of such coastal wetlands restoration projects, 
in order of priority, to be submitted annually, incorporating 
any project identified previously in lists produced and 
submitted under subsection (a) of this section; 
(E) a detailed description of each proposed coastal wet-
lands restoration project, including a justification for 
including such project on the list; 
(F) the proposed activities to be carried out pursuant to 
each coastal wetlands restoration project; 
(G) the benefits to be realized by each such project; 
(H) an estimated timetable for completion of each coastal 
wetlands restoration project; 
(I) an estimate of the cost of each coastal wetlands res-
. toration project; 
(J) identification of a lead Task Force member to under-
take each proposed coastal wetlands restoration project 
listed in the plan; 
(K) consultation with the public £md provision for public 
review during development of the plan; and 
(L) evaluation of the effectiveness of each coastal wet-
lands restoration project in achieving long-term solutions to 
arresting coastal wetlands loss in Louisiana. 
(5) PLAN MODIFICATION.—The Task Force may modify the 
restoration plan from time to time as necessary to carry out the 
purposes of this section. 
(6) PLAN SUBMISSION.—Upon completion of the restoration 
plan, the Secretary shall submit the plan to the Congress. The 
restoration plan shall become effective ninety days after the 
date of its submission to the Congress. 
(7) PLAN EVALUATION.—Not less than three years after the Reports, 
completion and submission of the restoration plan required by 
this subsection and at least every three years thereafter, the 
Task Force shall provide a report to the Congress containing a 
scientific evaluation of the effectiveness of the coastal wet-
lands restoration projects carried out under the plan in crea-
104 STAT. 4782 
PUBLIC LAW 101-646—NOV. 29, 1990 
ting, restoring, protecting and enhancing coastal wetlands in 
Louisiana. 
(c) COASTAL WETLANDS RESTORATION PROJECT BENEFITS.—Where 
such a determination is required under applicable law, the net 
ecological, aesthetic, and cultural benefits, together with the eco-
nomic benefits, shall be deemed to exceed the costs of any coastal 
wetlands restoration project within the State which the Task Force 
finds to contribute significantly to wetlands restoration. 
(d) CONSISTENCY.—{1) In implementing, maintaining, modifying, or 
rehabilitating navigation, flood control or irrigation projects, other 
than emergency actions, under other authorities, the Secretary, in 
consultation with the Director and the Administrator, shall ensure 
that such actions are consistent with the purposes of the restoration 
plan submitted pursuant to this section. 
(2) At the request of the Governor of the State of Louisiana, the 
Secretary of Commerce shall approve the plan as an amendment to 
the State's coastal zone management program approved under sec-
tion 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1455). 
(e) FUNDING OF WETLANDS RESTORATION PROJECTS.—The Secretary 
shall, with the funds made available in accordance with this title, 
allocate such funds among the members of the Task Force to carry 
out coastal wetlands restoration projects in accordance with the 
priorities set forth in the list transmitted in accordance with this 
section. The Secretary shall not fund a coastal wetlands restoration 
project unless that project is subject to such terms and conditions as 
necessary to ensure that wetlands restored, enhanced or managed 
through that project will be administered for the long-term con-
servation of such lands and waters and dependent fish and wildlife 
populations. 
(f) COST-SHARING,— 
(1) FEDERAL SHARE.—Amounts made available in accordance 
with section 306 of this title to carry out coastal wetlands 
restoration projects under this title shall provide 75 percent of 
the cost of such projects. 
(2) FEDERAL SHARE UPON CONSERVATION PLAN APPROVAL.— 
Notwithstanding the previous paragraph, if the State develops a 
Coastal Wetlands Conservation Plan pursuant to this title, and 
such conservation plan is approved pursuant to section 304 of 
this title, amounts made available in accordance with section 
306 of this title for any coastal wetlands restoration project 
under this section shall be 85 percent of the cost of the project. 
In the event that the Secretary, the Director, and the Adminis-
trator jointly determine that the State is not taking reasonable 
steps to implement and administer a conservation plan devel-
oped and approved pursuant to this title, amounts made avail-
able in accordance with section 306 of this title for any coastal 
wetlands restoration project shall revert to 75 percent of the 
^ 
cost of the project: Provided, however, that such reversion to the 
lower cost share level shall not occur until the Governor has 
been provided notice of, and opportunity for hearing on, any 
such determination by the Secretary, the Director, and 
Administrator, and the State has been given ninety days from 
such notice or hearing to take corrective action. 
(3) FORM OF STATE SHARE.—The share of the cost required of 
the State shall be from a non-Federal source. Such State share 
shall consist of a cash contribution of not less than 5 percent of 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4783 
the cost of the project. The balance of such State share may take 
the form of lands, easements, or right-of-way, or any other form 
of in-kind contribution determined to be appropriate by the lead 
Task Force member. 
(4) Paragraphs (1), (2), and (3) of this subsection shall not 
affect the existing cost-sharing agreements for the following 
projects: Caernarvon Freshwater Diversion, Davis Pond Fresh-
water Diversion, and Bonnet Carre Freshwater Diversion. 
SEC. 304. LOUISIANA COASTAL WETLANDS CONSERVATION PLANNING. 
16 USC 3953. 
(a) DEVELOPMENT OF CONSERVATION PLAN.— 
(1) AGREEMENT.—The Secretary, the Director, £ind the 
Administrator are directed to enter into an g^eement with the 
Grovernor, £is set forth in paragraph (2) of this subsection, upon 
notification of the Governor's willingness to enter into such 
agreement. 
(2) TERMS OF AGREEMENT.— 
(A) Upon receiving notification pursuant to paragraph (1) 
of this subsection, the Secretary, the Director, and the 
Administrator shall promptly enter into an agreement 
(hereafter in this section referred to as the "agreement") 
with the State under the terms set forth in subparagraph 
(B) of this paragraph. 
(B) The agreement shall— 
(i) set forth a process by which the State agrees to 
develop, in accordance with this section, a coastal wet-
lands conservation plan (hereafter in this section re-
ferred to £is the "conservation plan"); 
(ii) designate a single agency of the State to develop 
the conservation plan; 
(iii) assure an opportunity for participation in the 
development of the conservation plan, during the plan-
ning period, by the public and by Federal and State 
Eigencies; 
(iv) obligate the State, not later than three years 
after the date of signing the agreement, unless 
extended by the parties thereto, to submit the con-
servation plan to the Secretary, the Director, and the 
Administrator for their approval; and 
(v) upon approval of the conservation plan, obligate 
, 
the State to implement the conservation plan. 
(3) GRANTS AND ASSISTANCE.—Upon the date of signing the 
agreement— 
(A) the Administrator shall, in consultation with the 
Director, with the funds made available in accordance with 
section 306 of this title, make grants during the develop-
ment of the conservation plan to assist the designated State 
agency in developing such plan. Such grsmts shall not 
exceed 75 percent of the cost of developing the plan; and 
(B) the Secretary, the Director, and the Administrator 
shall provide technical assistance to the State to assist it in 
the development of the plan. 
(b) CONSERVATION PLAN GOAL.—If a conservation plan is devel-
oped pursuant to this section, it shall have a goal of achieving no net 
, 
loss of wetlands in the coastal areas of Louisiana as a result of 
development activities initiated subsequent to approval of the plan. 
104 STAT. 4784 
PUBLIC LAW 101-646—NOV. 29, 1990 
exclusive of any wetlands gains achieved through implementation of 
the preceding section of this title. 
(c) ELEMENTS OF CONSERVATION PLAN.—The conservation plan 
authorized by this section shall include— 
(1) identification of the entire coastal area in the State that 
contains coastal wetlands; 
(2) designation of a single State agency with the responsibility 
for implementing and enforcing the plan; 
(3) identification of measures that the State shall take in 
addition to existing Federal authority to achieve a gOEil of no net 
loss of wetlands as a result of development activities, exclusive 
of any wetlands gains achieved through implementation of the 
preceding section of this title; 
(4) a system that the State shall implement to account for 
gains and losses of coastal wetlands within coastal areas for 
purposes of evaluating the degree to which the goal of no net 
loss of wetlands as a result of development activities in such 
wetlands or other waters has been attained; 
(5) satisfactory assurances that the State will have adequate 
personnel, funding, and authority to implement the plan; 
(6) a program to be carried out by the State for the purpose of 
educating the public concerning the necessity to conserve 
wetlands; 
(7) a program to encourage the use of technology by persons 
engaged in development activities that will result in negligible 
impact on wetlands; and 
(8) a program for the review, evaluation, and identification of 
regulatory and nonregulatory options that will be adopted by 
the State to encourage and assist private owners of wetlands to 
^ 
continue to maintain those lands as wetlands. 
(d) APPROVAL OF CONSERVATION PLAN.— 
(1) IN GENERAL.—If the Governor submits a conservation plan 
to the Secretaiy, the Director, and the Administrator for their 
approval, the Secretary, the Director, and the Administrator 
shall, within one hundred and eighty days following receipt of 
such plan, approve or disapprove it. 
(2) APPROVAL CRITERIA.—The Secretary, the Director, and the 
Administrator shall approve a conservation plan submitted by 
the Governor, if they determine that— 
(A) the State has adequate authority to fully implement 
H r i 
all provisions of such a plan; 
T 
(B) such a plan is adequate to attain the goal of no net 
r
* 
loss of coastal wetlands as a result of development activities 
and complies with the other requirements of this section; 
;i 
and 
(C) the plan was developed in accordance with terms of 
the agreement set forth in subsection (a) of this section. 
(e) MODIFICATION OF CONSERVATION PLAN.— 
(1) NoNCOMPUANCE.—If the Secretary, the Director, and the 
Administrator determine that a conservation plan submitted by 
the Governor does not comply with the requirements of subsec-
tion (d) of this section, they shall submit to the Governor a 
statement explaining why the plan is not in compliance and 
how the plan should be changed to be in compliance. 
(2) RECONSIDERATION.—If the Governor submits a modified 
conservation plan to the Secretary, the Director, and the 
Administrator for their reconsideration, the Secretary, the 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4785 
Director, and Administrator shall have ninety days to deter-
mine whether the modifications are sufficient to bring the plan 
into compliance with requirements of subsection (d) of this 
section. 
(3) APPROVAL OF MODIFIED PLAN.—If the Secretary, the Direc-
tor, and the Administrator fail to approve or disapprove the 
conservation plan, as modified, within the ninety-day period 
following the date on which it was submitted to them by the 
Grovernor, such plan, as modified, shall be deemed to be ap-
proved effective upon the expiration of such ninety-day period. 
(f) AMENDMENTS TO CONSERVATION PLAN.—If the 
Governor 
amends the conservation plan approved under this section, any such 
amended plan shall be considered a new plan and shall be subject to 
the requirements of this section; except that minor changes to such 
plan shall not be subject to the requirements of this section. 
(g) IMPLEMENTATION OF CONSERVATION PLAN.—A conservation 
' 
plan approved under this section shall be implemented as provided 
therein. 
(h) FEDERAL OVERSIGHT.— 
(1) INITIAL REPORT TO CONGRESS.—Within one hundred and 
eighty days after entering into the agreement required under 
subsection (a) of this section, the Secretary, the Director, and 
the Administrator shall report to the Congress as to the status 
of a conservation plan approved under this section and the 
progress of the State in carrying out such a plan, including £ind 
' 
accounting, as required under subsection (c) of this section, of 
the gains and losses of coastal wetlands as a result of develop-
ment activities. 
(2) REPORT TO CONGRESS.—Twenty-four months after the ini-
tial one hundred and eighty day period set forth in paragraph 
(1), and at the end of each twenty-four-month period thereafter, 
the Secretary, the Director, and the Administrator shall, report 
to the Congress on the status of the conservation plan and 
provide an evaluation of the effectiveness of the plan in meeting 
the goal of this section. 
SEC. 305 NATIONAL COASTAL WETLANDS CONSERVATION GRANTS. 
16 USC 3954. 
(a) MATCHING GRANTS.—The Director shgill, with the funds made 
available in accordance with the next following section of this title, 
make matching grants to any coastal State to carry out coastal 
wetlands conservation projects from funds made available for that 
purpose. 
(b) PRIORITY.—Subject to the cost-sharing requirements of this 
section, the Director may grant or otherwise provide £iny matching 
moneys to any coastal State which submits a proposal substantial in 
character £ind design to carry out a coastal wetlands conservation 
project. In awarding such matching grants, the Director shall give 
priority to coastal wetlands conservation projects that are— 
(1) consistent with the National Wetlands Priority Conserva-
tion Plan developed under section 301 of the Emergency Wet-
lands Resources Act (16 U.S.C. 3921); and 
(2) in coastal States that have established dedicated funding 
for programs to acquire coastal wetlands, natural areas and 
open spaces. In addition, priority consideration shall be given to 
coastal wetlands conservation projects in maritime forests on 
coastal barrier islands. 
104 STAT. 4786 
PUBLIC LAW 101-646—NOV. 29, 1990 
(c) CONDITIONS.—The Director may only grant or otherwise pro-
vide matching moneys to a coastal State for purposes of carrjdng out 
a coastal wetlands conservation project if the grant or provision is 
subject to terms and conditions that will ensure that any real 
property interest acquired in whole or in part, or enhanced, man-
aged, or restored with such moneys will be administered for the 
long-term conservation of such lands and waters and the fish and 
wildlife dependent thereon. 
.. : 
j» ^
^ , 
-A, 
(d) COST-SHARING.— 
(1) FEDERAL SHARE.—Grants to coastal States of matching 
moneys by the Director for any fiscal year to carry out coastal 
wetlands conservation projects shall be used for the payment of 
not to exceed 50 percent of the total costs of such projects: 
except that such matching moneys may be used for pajnnent of 
not to exceed 75 percent of the costs of such projects if a coastal 
State has established a trust fund, from which the principal is 
not spent, for the purpose of acquiring coastal wetlgmds, other 
natural area or open spaces. 
(2) FORM OF STATE SHARE.—The matching moneys required of 
a coastal State to carry out a coastal wetlands conservation 
project shall be derived from a non-Federal source. 
(3) IN-KIND CONTRIBUTIONS.—In addition to cash outlays and 
pa)mients, in-kind contributions of property or personnel serv-
ices by non-Federal interests for activities under this section 
may be used for the non-Federal share of the cost of those 
activities. 
J 
(e) PARTIAL PAYMENTS.— 
(1) The Director may from time to time make matching 
payments to carry out coastal wetlands conservation projects as 
such projects progress, but such pajnnents, including previous 
payments, if any, shall not be more than the Federal pro rata 
share of any such project in conformity with subsection (d) of 
this section. 
(2) The Director may enter into agreements to make matching 
pa3anents on an initial portion of a coastal wetlands conserva-
tion project and to agree to make pajmaents on the remaining 
"
^ 
Federal share of the costs of such project from subsequent 
moneys if and when they become available. The liability of the 
United States under such an agreement is contingent upon the 
continued availability of funds for the purpose of this section. 
"^^^^^ 
(f) WETLANDS ASSESSMENT.—The Director shall, with the funds 
made available in accordance with the next following section of this 
title, direct the US. Fish and Wildlife Service's National Wetland 
Inventory to update and digitize wetlands maps in the State of 
Texas smd to conduct an assessment of the status, condition, and 
trends of wetlands in that State. 
16 use 3955. 
SEC. 306. DISTRIBUTION OF APPROPRIATIONS. 
(a) PRIORITY PROJECT AND CONSERVATION PLANNING EXPENDI-
TURES.—Of the total amount appropriated during a given fiscal year 
to carry out this title, 70 percent, not to exceed $70,000,000, shall be 
available, and shall remain available until expended, for the pur-
poses of making expenditures— 
(1) not to exceed the aggregate amount of $5,000,000 annually 
to assist the Task Force in the preparation of the list required 
under this title and the plan required under this title, including 
preparation o
f
— 
PUBLIC LAW 101-646—NOV. 29, 1990 
104 STAT. 4787 
(A) preliminary assessments; 
(B) general or site-specific inventories; 
(C) reconnaissance, engineering or other studies; 
(D) preliminary design work; and 
(E) such other studies as may be necessary to identify and 
evaluate the feasibility of coastal wetland restoration 
projects; 
(2) to carry out coastal wetlands restoration projects in 
accordance with the priorities set forth on the list prepared 
under this title; 
(3) to carry out wetlands restoration projects in accordance 
with the priorities set forth in the restoration plan prepared 
under this title; 
(4) to make grants not to exceed $2,500,000 annually or 
$10,000,000 in total, to assist the agency designated by the State 
in development of the Coastal Wetlands Conservation Plan 
pursuant to this title. 
Ot)) COASTAL WETLANDS CONSERVATION GRANTS.—Of the total 
amount appropriated during a given fiscal year to carry out this 
title, 15 percent, not to exceed $15,000,000 shall be available, and 
shall remain available to the Director, for purposes of making 
grants— 
(1) to any coastal State, except States eligible to receive 
funding under section 306(a), to carry out cosistal wetlands 
conservation projects in accordance with section 305 of this title; 
and 
(2) in the amount of $2,500,000 in total for an assessment of 
the status, condition, and trends of wetlands in the State of 
Texas. 
(c) NORTH AMERICAN WETLANDS CONSERVATION.—Of the total 
amount appropriated during a given fiscal year to carry out this 
title, 15 percent, not to exceed $15,000,000, shall be available to, and 
shall remain available until expended by, the Secretary of the 
Interior for allocation to carry out wetlands conservation projects in 
any coastal State under section 8 of the North American Wetlands 
Conservation Act (Public Law 101-233, 103 Stat. 1968, December 13, 
1989). 
SEC. 307. GENERAL PROVISIONS. 
16 USC 3956. 
(a) ADDITIONAL AUTHORITY FOR THE CORPS OF ENGINEERS.—The 
Secretary is authorized to carry out projects for the protection, 
restoration, or enhancement of aquatic and Eissociated ecosystems, 
including projects for the protection, restoration, or creation of 
wetlands and coastal ecosystems. In carrying out such projects, the Irrigation. 
Secretary shall give such projects equal consideration with projects pi^^control 
relating to irrigation, navigation, or flood control. 
(b) STUDY.—The Secretary is hereby authorized and directed to 
study the feasibility of moaif5dng the operation of existing naviga-
tion and flood control projects to allow for an increase in the share 
of the Mississippi River flows and sediment sent down the 
Atchafalaya River for purposes of land building and wetlands 
nourishment. 
SEC. 308. CONFORMING AMENDMENT. 
16 U.S.C. 777c is amended by adding the following after the first 
sentence: "The Secretary shall distribute 18 per centum of each 
annual appropriation made in accordance with the provisions of 
104 STAT. 4788 
PUBLIC LAW 101-646—NOV. 29, 1990 
Great Lakes 
Oil Pollution 
Research and 
Development 
Act. 
33 u s e 2701 
note. 
Ante, p. 559. 
section 777b of this title as provided in the Coastal Wetlands Plan-
ning, Protection and Restoration Act: Provided, That, notwithstand-
ing the provisions of section 777b, such sums shall remain available 
to carry out such Act through fiscal year 1999.". 
"TITLE IV—GREAT LAKES OIL POLLU-
TION RESEARCH AND DEVELOPMENT 
"SEC. 4001. SHORT TITLE. 
"This title may be cited as the "Great Lakes Oil Pollution Re-
search and Development Act". 
"SEC. 4002. GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOP-
MENT. 
"Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-
380) is amended as follows: 
"(1) GREAT LAKES DEMONSTRATION PROJECT.—In subsection 
(c)(6), strike "3" and insert "4", strike "and" after "California,", 
and insert "and (D) ports on the Great Lakes," after 
"Louisiana,". 
"(2) FUNDING.—In subsection (f) strike "21,250,000" and insert 
"22,000,000" and in subsection (fX2) strike "2,250,000" and 
insert "3,000,000".". 
Approved November 29, 1990. 
LEGISLATIVE HISTORY—H.R. 5390 (S. 2244): 
SENATE REPORTS: No. 101-523 accompanying S. 2244 (Coram, on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 1, considered and passed House. 
Oct. 26, considered and passed Senate, amended, in lieu of S. 2244. 
Oct. 27, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 29, Presidential statement.