109th CONGRESS
1st Session
H. R. 1591
To amend the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 to reauthorize and improve that Act.
IN THE HOUSE OF REPRESENTATIVES
April 13, 2005
Mr. GILCHREST (for himself, Mr. EHLERS, Mr. KIRK, Mr. BLUMENAUER, and Mr.
DEFAZIO) introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee on
Resources, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 to reauthorize and improve that Act.
Be it enacted by the Senate and House of Representatives 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 `National Aquatic Invasive Species
Act of 2005'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS
OF THE UNITED STATES BY VESSELS
Sec. 101. Vessel pathway requirements.
Sec. 102. Requirements for new vessels.
Sec. 103. Great Lakes program.
Sec. 104. Authority of Secretary; regulations.
Sec. 106. Program coordination.
Sec. 108. Relationship to other law.
Sec. 109. Armed services whole vessel management program.
Sec. 110. Conforming amendments.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
Sec. 201. Priority pathway management program.
Sec. 202. Screening process for planned importations of live aquatic organisms.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
Sec. 301. Early detection.
Sec. 302. Rapid response.
Sec. 303. Dispersal barriers.
Sec. 304. Environmental soundness.
Sec. 305. Information, education, and outreach.
TITLE IV--COORDINATION
Sec. 401. Program coordination.
Sec. 402. International coordination.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE VI--CONFORMING AMENDMENTS
Sec. 601. Conforming amendments.
SEC. 2. FINDINGS.
(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 introduced into water of the
United States at an unacceptable rate;
(3) aquatic invasive species damage infrastructure, 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;
(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 Nutria);
(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 management approach because once established, aquatic
invasive species are costly, and sometimes impossible to control;
(8) to be effective, the prevention, early detection, and control of and
rapid response to aquatic invasive species should be coordinated regionally,
nationally, and internationally;
(9) pathway management is the most promising approach to reducing unplanned
introductions of aquatic invasive species;
(10) consistent national screening criteria are needed to evaluate the potential
risk of nonindigenous aquatic species;
(11) States and regions have unique vulnerabilities with respect to aquatic
invasive species and unique means for addressing aquatic invasive species;
(12) a comprehensive research program which monitors pathways and ecosystems
to detect the establishment 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 identification
and management of high risk pathways; and
(13) it is in the interest of the United States to understake a comprehensive
and thorough program to research, prevent, manage, and control introductions
of aquatic species that may become invasive and to coordinate that program
to the extent possible with neighboring nations and efforts globally.
SEC. 3. 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:
`SEC. 1003. DEFINITIONS.
`In this Act, the following definitions apply:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
`(2) AQUATIC ECOSYSTEMS IN THE UNITED STATES- The term `aquatic ecosystems
in the United States' means freshwater, marine, and estuarine environments
(including inland waters and wetlands), located in waters of the United
States.
`(3) ASSISTANT SECRETARY- The term `Assistant 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 voyage' 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 reduces
introductions, or controls infestations, of aquatic invasive species in
a manner that minimizes adverse effects on--
`(A) the structure and function of an ecosystem; 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--
`(B) Lake Huron (including Lake Saint Clair);
`(F) the connecting channels of those Lakes, including--
`(i) the Saint Mary's River;
`(ii) the Saint Clair River;
`(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 within the drainage basin of a Lake,
River, or connecting channel described in any of subparagraphs (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 connects 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
States and Canada, signed at Washington on January 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 introduction 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 ecosystem beyond its historic range.
`(19) SPECIES IN TRADE- The term `species in trade' means a species that
has a documented history of being commercially imported into the United
States in the period beginning on January 1, 1990, and ending on January
1, 2002.
`(20) ORGANISM TRANSFER- The term `organism transfer' means the movement
of an organism of any species from one ecosystem to another ecosystem outside
the historic range of the species.
`(21) PATHWAY- The term `pathway' means 1 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
movement 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 established by section 1201(a).
`(27) TERRITORIAL SEA- The term `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.
`(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 approval' 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 `undesirable impact' means economic,
human health, aesthetic, or environmental degradation that is not necessary
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.
`(B) INCLUSION- The term `waters of the United States' includes the Great
Lakes.'.
TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS
OF THE UNITED STATES BY VESSELS
SEC. 101. 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 subsection (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 structures, operating in waters
of the United States shall have in effect, and have available for inspection,
an aquatic invasive species management plan that prescribes safe and effective
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 vessels with characteristics similar to that of the vessel,
as determined by the Secretary).
`(C) REQUIREMENTS- The management plan shall include, at a minimum, such
information 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 safely and effectively carry out any
actions consistent with rapid response action required by States and
approved by the Secretary under section 1211;
`(iii) other requirements specified in guidelines adopted by the International
Maritime Organization;
`(iv) a description of all reporting requirements and a copy of each
form necessary to meet those requirements;
`(v) the position of the officer responsible for implementation of ballast
water management and reporting procedures on board;
`(vi) documents relevant to any ballast water management equipment or
procedures;
`(vii) a description of the location of access points for sampling ballast
or sediments pursuant to paragraph (3)(B)(vi);
`(viii) a description of requirements relating to compliance with any
approved rapid response strategy relevant to the voyage 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 vessel.
`(D) GUIDELINES- Not later than 18 months after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Secretary shall
issue final guidelines for the development 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 operations, 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 Ballast 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 National Aquatic Invasive Species Act of 2005, the Secretary shall
issue guidelines on best management 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 transoceanic vessels;
`(ii) minimization of ballast water uptake 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 discharge of ballast water in a port
that was taken up in another port;
`(iv) to the maximum extent practicable, 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 ballast piping for sampling of ballast
intake and discharge.
`(4) BALLAST WATER MANAGEMENT-
`(A) IN GENERAL- Each vessel equipped with a ballast water tank that enters
a United States port, except for a vessel subject to subparagraph (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.
`(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 required to comply with the
standard described in subsection (b)(1).
`(ii) VESSELS THAT OPERATE EXCLUSIVELY IN AN ENCLOSED AQUATIC ECOSYSTEM-
`(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 potential for movement of organisms by natural
and anthropogenic means is not significantly altered by the movement
of the vessel, is not required to comply with the standards described
in paragraphs (1) and (2) of subsection (b).
`(II) ADDITIONAL ENCLOSED AQUATIC ECOSYSTEMS- The Administrator and
Under Secretary, in consultation 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 amended--
(1) by striking subsections (b) through (f) and subsection (h); and
(2) by inserting after subsection (a) the following:
`(b) Ballast Water Management Standards and Certification Procedures-
`(A) IN GENERAL- Not later than 18 months after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Secretary, with
the concurrence of the Administrator and in consultation with the Task
Force, shall promulgate final regulations establishing interim standards
indicating acceptable--
`(i) operational performance for ballast 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
onshore facilities and facilities on board vessels).
`(i) BALLAST WATER EXCHANGE- The interim standard for ballast water
exchange described in subparagraph (A) shall require--
`(I) at least 1 empty-and-refill cycle on the high sea or in an alternative
exchange area designated by the Secretary, of each ballast tank that
contains ballast water to be discharged into waters of the United
States;
`(II) in a case in which the master of a vessel determines that compliance
with subclause (I) is impracticable, a sufficient number of flow-through
exchanges of ballast water, on the high sea or in an alternative exchange
area designated by the Secretary, to achieve replacement of at least
95 percent of ballast water in ballast tanks of the vessel, as determined
by a certification dye study conducted or model developed in accordance
with protocols developed under paragraph (3)(B)(i) and recorded in
the management plan of a vessel pursuant to subsection (a)(1)(C)(i);
and
`(III) an approved contingency procedure using best practicable technology
or practices in instances in which a ballast water exchange is not
undertaken pursuant to subsection (k).
`(ii) BALLAST SYSTEM DESIGN AND WATER TREATMENT SYSTEMS- The interim
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 vessels be killed
or removed from ballast discharge as determined by the qualified type
approval process promulgated under paragraph (3)(B)(ii).
`(iii) CRITERIA; PERIOD OF EFFECTIVENESS- The interim standards described
in clauses (i) and (ii) shall--
`(I) meet occupational safety and environmental soundness criteria
described in paragraph (7); and
`(II) cease to apply on the effective date of final standards developed
pursuant to paragraph (2).
`(A) IN GENERAL- Not later than 4 years after the date of enactment of
the National Aquatic Invasive Species Act of 2005, the Administrator,
in consultation with the Task Force and with the concurrence of the Secretary,
shall promulgate final standards for ballast water discharge and other
vessel operations determined to pose a significant risk to the environment
through the introduction of nonindigenous species.
`(B) REQUIREMENTS- The final standards 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
`(3) CERTIFICATION OF TREATMENTS OR PRACTICES; ENFORCEMENT-
`(A) IN GENERAL- Not later than the date on which interim standards are
promulgated under paragraph (1) and final standards are promulgated under
paragraph (2), the Secretary shall, with the concurrence of the Administrator,
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 exchange involving dye studies or models
detailing flow dynamics of vessels described in paragraph (1)(B)(i)(II);
and
`(ii) protocol for qualified type approval of ballast water treatment
systems for the interim standard described in paragraph (1) that--
`(I) is capable of determining the extent to which a ballast water
treatment 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 promulgated 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
water treatment system, as determined on the basis of voyage patterns
and normal use conditions;
`(IV) includes a shipboard testing component, and may include a shore-based
testing component;
`(V) provides for appropriate monitoring; and
`(C) CERTIFICATION UNDER FINAL STANDARDS- The certification of treatments
in compliance with the final standards issued pursuant to paragraph (2)
shall--
`(i) apply to all methods of ballast water management and system design,
including--
`(I) ballast water exchange;
`(II) ballast water treatment systems; and
`(III) other vessel operations determined to pose a significant risk
to the environment through the introduction of nonindigenous organisms;
`(ii) be reviewed and, as appropriate, revised not less often than every
3 years pursuant to subsection (f)(1);
`(iii) meet occupational safety and environmental 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 subparagraph (B), if, before the date on which
the Secretary promulgates interim ballast water management 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 provides to the Secretary independently
peer-reviewed, pilot-scale information relating to the effectiveness
and environmental soundness of the treatment;
`(II) the Secretary and the Administrator, in consultation with the
Task Force (including relevant regional panels, and the Prevention
Committee, of the Task Force), determine that the technology to be
used for the treatment has significant potential to kill or remove
at least 95 percent of the 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 determines that the treatment meets environmental
regulations.
`(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).
`(ii) PERIOD OF APPROVAL- Approval 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 Secretary or Administrator (as appropriate)
determine that (based on available information, including information
developed pursuant to clause (iii)) there exists a serious deficiency
in performance or environmental soundness of the system relative to
anticipated performance or environmental 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 regarding
the operational and biological effectiveness of the treatment through
sampling of the intake and discharge ballast as the Secretary may request.
`(iv) RENEWAL- An experimental approval may be renewed pursuant to paragraph
(7)(B).
`(5) INCENTIVES FOR USE OF TREATMENT SYSTEMS-
`(A) IN GENERAL- The Secretary, the Secretary of Transportation, and the
Administrator shall assist owners or operators of vessels that seek to
obtain experimental or interim approval for installation of ballast water
treatment systems, including through providing guidance on--
`(i) a sampling protocol and test program for cost-effective treatment
evaluation;
`(ii) sources of sampling equipment and field biological expertise;
and
`(iii) examples of shipboard evaluation 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 priority consideration
to technologies and practices that have received or are in the process
of receiving 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 applications 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 with
environmental soundness criteria promulgated under paragraph (7)(A); and
`(bb) approve those ballast water treatment systems that meet those
criteria; and
`(II) the Secretary, in consultation with the Task Force, shall, not
later than 180 days after the date of receipt of the application--
`(aa) determine whether the ballast water treatment system covered
by the application meets the requirements of this subsection, as appropriate;
`(bb) approve or disapprove the application; and
`(cc) provide the applicant written notice of approval or disapproval.
`(ii) LIMITATIONS- An application approved under clause (i) shall--
`(I) be qualified with any limitations relating to voyage pattern,
duration, or any other characteristic that may affect the effectiveness
or environmental soundness of the ballast water treatment system covered
by the application, as determined by the Secretary in consultation
with the Administrator;
`(II) be applicable to a specific ship or group of ships, as determined
by the Secretary;
`(III) be valid for the lesser of--
`(aa) a period of 10 years or the expected useful life of the treatment
system, whichever is earlier; or
`(bb) until such time as the Secretary or Administrator (as appropriate)
determines that (based on available information, including information developed
pursuant to paragraph (4)(B)(iii)) there exists a serious deficiency in performance
or environmental soundness of the system relative to anticipated performance
or environmental soundness; and
`(aa) the Secretary determines that the ballast water treatment
system remains in compliance with applicable standards as of the date of application
for renewal; or
`(bb) the remaining useful life of the vessel is less than 10 years.
`(7) ENVIRONMENTAL SOUNDNESS CRITERIA FOR BALLAST TREATMENTS-
`(A) IN GENERAL- The Administrator shall include in criteria promulgated
under section 1202(k)(1)(A) specific criteria--
`(i) to ensure environmental soundness of ballast treatment systems;
and
`(ii) to grant environmental soundness exceptions under subparagraph
(B).
`(i) IN GENERAL- In reviewing applications under paragraph (6)(B)(i)(I)
in an emergency situation to achieve reductions in significant and acute
risk of transfers of invasive species by vessels, the Secretary and
the Administrator may jointly determine to make an exception to criteria
described in subparagraph (A)(i).
`(ii) QUALIFICATION OF APPROVALS- To be eligible for an exception under
clause (i), an approval under paragraph (6)(B)(i)(I) shall be qualified
under paragraph (6)(B)(ii).
`(8) PENALTIES- Paragraphs (1) and (2) of subsection (g) shall apply to
a violation of a regulation promulgated under this subsection.'.
SEC. 102. REQUIREMENTS FOR NEW VESSELS.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711) is further amended by inserting after subsection
(b) the following:
`(c) Design Features and Treatment Systems for New Vessels- A vessel of which
construction begins on or after January 1, 2006, shall be equipped with design
features and ballast water treatment systems that meet, at a minimum--
`(1) the interim standards described in subsection (b)(1)(B)(ii); or
`(2) on promulgation of final standards pursuant to subsection (b)(2)(A),
such final standard as is applicable to the vessel.'.
SEC. 103. GREAT LAKES PROGRAM.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711) is further amended by inserting after subsection
(c) the following:
`(d) Great Lakes Program-
`(1) CONTINUITY OF REGULATIONS AND GREAT LAKES PROGRAM-
`(A) REGULATIONS- Regulations promulgated under subsection (b) of this
section, as in effect immediately before the enactment of the National
Aquatic Invasive Species Act of 2005, shall remain in effect until such
time as the regulations are revised or replaced by regulations promulgated
pursuant to the National Aquatic Invasive Species Act of 2005.
`(B) RELATIONSHIP TO OTHER PROGRAMS- Upon implementation of a national
mandatory ballast management program that is at least as comprehensive
as the Great Lakes program established under subsection (b) of this section,
as in effect immediately before the enactment of the National Aquatic
Invasive Species Act of 2005, including regulations under that section
(as determined by the Secretary, in consultation with the Governors of
Great Lakes States)--
`(i) the program regulating vessels and ballast water in the Great Lakes
under this section shall terminate; and
`(ii) the national program shall apply to such vessels and ballast water.
`(2) REVIEW AND REVISION-
`(A) IN GENERAL- Not later than 18 months after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Secretary shall--
`(i) review and revise regulations promulgated under this subsection;
and
`(ii) promulgate the revised regulations.
`(B) CONTENTS- The revised regulations shall include at a minimum requirements
under subsections (a) and (b) of this section.'.
SEC. 104. AUTHORITY OF SECRETARY; REGULATIONS.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711) is further amended by inserting after subsection
(d) the following:
`(e) Authority of Secretary; Regulations-
`(1) IN GENERAL- Not later than 18 months after the date of enactment of
the National Aquatic Invasive Species Act of 2005, the Secretary shall promulgate
regulations to implement this section.
`(A) IN GENERAL- In carrying out paragraph (1), the Secretary shall promulgate
a separate set of regulations for--
`(i) ships that enter the Great Lakes after operating outside the exclusive
economic zone; and
`(ii) ships that enter United States ports after operating outside the
exclusive economic zone, excluding United States ports on the Great
Lakes.
`(B) DURATION- Regulations promulgated under subparagraph (A)(i) shall
remain in effect until the Great Lakes program is terminated pursuant
to subsection (d)(1)(B).
`(3) REQUIREMENTS- The regulations promulgated under paragraphs (1) shall--
`(A) be consistent with interim and final standards issued under paragraphs
(1) and (2) of subsection (b), as applicable;
`(B) apply to all vessels to which the respective standards apply;
`(C) protect the safety of--
`(ii) the crew and passengers of each vessel;
`(D) require a vessel described in paragraph (1)--
`(i) to carry out the exchange of ballast water of the vessel in waters
beyond the exclusive economic zone in accordance with the standards
and certification procedures promulgated under subsection (b);
`(ii) in a case in which the master of the vessel determines that compliance
with clause (i) is impracticable, to exchange the ballast water of the
vessel in other waters in which the exchange does not pose a threat
of invasion or spread of nonindigenous species in waters of the United
States, as designated by the Secretary; or
`(iii) to use environmentally sound alternative ballast water management
methods, including modification of the vessel ballast water tanks and
intake systems, if the Secretary determines that such alternative methods
are in accordance with standards and certification procedures promulgated
under subsection (b);
`(E) provide for sampling of ballast intake and discharge flows through
ballast piping to monitor compliance with the regulations;
`(F) take into consideration--
`(ii) variations in the ecological conditions of waters and coastal
areas of the United States; and
`(iii) different operating conditions; and
`(G) be based on the best scientific information available.
`(4) EDUCATION AND TECHNICAL ASSISTANCE- The Secretary may carry out education
and technical assistance programs and other measures to promote compliance
with the regulations promulgated under this subsection.
`(f) Periodic Review and Revision of Regulations-
`(1) IN GENERAL- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2005, and not less often than every
3 years thereafter, the Secretary shall (with the concurrence of the Administrator,
based on recommendations of the Task Force and information collected and
analyzed by relevant research, and in accordance with criteria developed
by the Task Force under paragraph (3))--
`(A) assess the compliance by vessels with regulations promulgated under
this section;
`(B) assess the effectiveness of the regulations referred to in subparagraph
(A) in reducing the introduction and spread of aquatic invasive species
by vessels; and
`(C) as necessary, on the basis of the best scientific information available--
`(i) revise the regulations referred to in subparagraph (A); and
`(ii) promulgate additional regulations.
`(2) SPECIAL REVIEW AND REVISION- Not later than 90 days after the date
on which the Task Force makes a request to the Secretary for a special review
and revision of the program, the Secretary shall (with the concurrence of
the Administrator)--
`(A) conduct a special review of regulations in accordance with paragraph
(1); and
`(B) as necessary, in the same manner as provided under paragraph (1)(C)--
`(i) revise those guidelines; or
`(ii) promulgate additional regulations.
`(3) CRITERIA FOR EFFECTIVENESS- Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2005, and every
3 years thereafter, the Task Force shall submit to the Secretary criteria
for determining the adequacy and effectiveness of all regulations promulgated
under this section.'.
SEC. 105. SANCTIONS.
Section 1101(g) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 1101(g)) is amended to read as follows:
`(A) IN GENERAL- Any person that violates a regulation promulgated under
this section shall be liable for a civil penalty in an amount not to exceed
$50,000.
`(B) SEPARATE VIOLATIONS- Each day of a continuing violation constitutes
a separate violation.
`(C) LIABILITY OF VESSELS- A vessel operated in violation of a regulation
promulgated under this Act shall be liable in rem for any civil penalty
assessed under this subsection for that violation.
`(2) CRIMINAL PENALTIES- Any person that knowingly violates the regulations
promulgated under subsection (b) is guilty of a class C felony.
`(3) REVOCATION OF CLEARANCE- On request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a vessel required
by section 4197 of the Revised Statutes (46 App. U.S.C. 91), if the owner
or operator of that vessel is in violation of the regulations promulgated
under subsection (b).
`(4) EXCEPTION TO SANCTIONS- This subsection does not apply to a failure
to exchange ballast water if--
`(A) the master of a vessel, acting in good faith, decides that the exchange
of ballast water will threaten the safety or stability of the vessel or
the crew or passengers of the vessel; and
`(B) the vessel complies with--
`(i) recordkeeping requirements of this title;
`(ii) contingency requirements of section 1211; and
`(iii) reporting requirements of this title.'.
SEC. 106. PROGRAM COORDINATION.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 1101) is further amended by striking subsections (h),
(i), and (j) and inserting the following:
`(h) Coordination With Other Agencies- The Secretary is encouraged to use
(with consent) the expertise, facilities, members, or personnel of, appropriate
Federal and State agencies and organizations that have routine contact with
vessels, as determined by the Secretary.
`(i) Consultation With Canada, Mexico, and Other Foreign Governments- In developing
the guidelines issued and regulations promulgated under this section, the
Secretary is encouraged to consult with the Government of Canada, the Government
of Mexico, and any other government of a foreign country that the Secretary,
in consultation with the Task Force, determines to be necessary to develop
and implement an effective international program for preventing the unintentional
introduction and spread of nonindigenous species.
`(j) International Cooperation- The Secretary, in cooperation with the International
Maritime Organization of the United Nations and the Commission on Environmental
Cooperation established pursuant to the North American Free Trade Agreement,
is encouraged to enter into negotiations with the governments of foreign countries
to develop and implement an effective international program for preventing
the unintentional introduction and spread of nonindigenous species.'.
SEC. 107. VESSEL SAFETY.
Section 1101(k) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 1101(k)) is amended to read as follows:
`(1) MASTER DISCRETION- The Master of a vessel is not required to conduct
a ballast water exchange if the Master determines that the exchange would
threaten the safety or stability of the vessel, or the crew or passengers
of the vessel, because of adverse weather, vessel architectural design,
equipment failure, or any other extraordinary conditions.
`(2) OTHER REQUIREMENTS- A vessel that does not exchange ballast water on
the high seas under paragraph (1) shall not discharge ballast water in any
harbor, except in accordance with a contingency strategy approved by the
Secretary (and included in the invasive species management plan of the vessel)
to reduce the risk of organism transfer by the discharge (using the best
practicable technology and practices pursuant to regulations promulgated
under subsection (b)(1)(B)(iii)).'.
SEC. 108. RELATIONSHIP TO OTHER LAW.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 1101) is further amended by adding at the end the following:
`(m) Applicability; Effect on Other Law- Nothing in this section or any regulation
promulgated under this section supersedes or otherwise affects any requirement
or prohibition relating to the discharge of ballast water under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).'.
SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
(a) In General- Section 1103 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4713) is amended--
(1) by striking the section heading and inserting the following:
`SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.';
(A) by striking `Subject to' and inserting the following:
`(1) BALLAST WATER- Subject to'; and
(B) by adding at the end the following:
`(2) TOWED VESSEL MANAGEMENT PROGRAM-
`(A) IN GENERAL- Subject to operational conditions, the Secretary of Defense,
in consultation with the Secretary, the Task Force, and the International
Maritime Organization, shall implement a towed vessel management program
for Department of Defense vessels to minimize the risk of introductions
of aquatic invasive species through hull and associated hull aperture
transfers by towed vessels.
`(B) CURRENT BALLAST PROGRAM- Subparagraph (A) shall not affect the ballast
program for Department of Defense vessels in effect immediately before
the enactment of the National Aquatic Invasive Species Act of 2005.
`(3) REPORTS- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2005, and every 3 years thereafter,
the Secretary of Defense shall submit to the Congress a report that includes
a summary and analysis of the program carried out under this section.'.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 1101(g) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711(g)) is amended by striking `under subsection (b)
or (f)' each place it appears and inserting `under this section'.
(b) Section 1102(c)(1) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4712(c)(1)) is amended by striking `issued
under section 1101(b)' and inserting `promulgated under section 1101(e)'.
(c) Section 1102(f)(1)(B) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by striking `guidelines
issued pursuant to section 1101(c)' and inserting `regulations promulgated
under section 1101(e)'.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end
the following:
`SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.
`(a) Identification of High Priority Pathways- Not later than 2 years after
the date of enactment of the National Aquatic Invasive Species Act of 2005,
and every 3 years thereafter, the Task Force, in coordination with the Invasive
Species Council and in consultation with representatives of States, industry,
and other interested parties, shall, based on pathway surveys and other available
research relating to the rates of introductions in waters of the United States--
`(1) identify those pathways that pose the highest risk for introductions
of invasive species, both nationally and on a region-by-region basis unless
further managed;
`(2) develop recommendations for management strategies for those high-risk
pathways;
`(3) include in the report to the Congress required under section 1201(f)(2)(B)
a description of the identifications, strategies, and recommendations; and
`(4) identify aquatic invasive species not yet introduced into waters of
the United States that are likely to be introduced into waters of the United
States unless preventative measures are taken.
`(b) Management of High Priority Pathways- Not later than 3 years after the
date of enactment of the National Aquatic Invasive Species Act of 2005, the
Task Force or agencies of jurisdiction shall, to the maximum extent practicable,
implement the strategies described in subsection (a)(2).'.
SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC ORGANISMS.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end the following:
`SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC ORGANISMS.
`(a) In General- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2005, no live aquatic organism of
a species not in trade shall be imported into the United States without screening
and approval in accordance with subsections (c) and (d).
`(1) IN GENERAL- Not later than 30 months after the date of enactment of
the National Aquatic Invasive Species Act of 2005, in consultation with
regional panels convened under section 1203, States, tribes, and other stakeholders,
the Invasive Species Council (in conjunction with the Task Force) shall
issue guidelines for screening proposed planned importations of live aquatic
organisms into the United States, that include--
`(A) guidelines for minimum information requirements for determinations
under subsection (c); and
`(B) guidelines for a simplified notification procedure for any additional
shipments of organisms that may occur after completion of an initial screening
process and determination under subsection (c).
`(2) PURPOSE- The purpose of the screening process shall be to prevent the
introduction or establishment of aquatic invasive species in waters of the
United States and contiguous waters of Canada and Mexico.
`(3) FACTORS- In developing guidelines under this subsection and reviewing
and revising the guidelines under subsection (j), the Invasive Species Council
and the Task Force shall consider--
`(A) the likelihood of the spread of species by human or natural means;
`(B) species that may occur in association with the species planned for
importation, including pathogens, parasites, and free-living organisms;
and
`(C) regional differences in probability of invasion and associated impacts.
`(c) Categories- The screening process conducted pursuant to subsection (d)
shall require the identification, to the maximum extent practicable, to the
species level or, at least, to the genus level, of live aquatic organisms
proposed for importation and shall list--
`(1) species with high or moderate probability of undesirable impacts to
areas within the boundaries of the United States and contiguous areas of
neighboring countries, to which the species is likely to spread; and
`(2) species on which there is insufficient information to determine the
risk category based on guidelines issued pursuant to subsection (b)(1)(B).
`(1) IN GENERAL- Not later than 180 days after the date of promulgation
of guidelines under subsection (b), in consultation with regional panels
convened under section 1203, States, tribes, and other stakeholders, a Federal
agency with authority over an importation into the United States of a live
organism of a species not in trade shall screen the species in accordance
with guidelines promulgated under subsection (b).
`(2) DELEGATION AND AUTHORITY- If no agency has authority described in paragraph
(1) or an agency delegates the screening to the Director under subsection
(h)--
`(A) the Director shall screen the organisms in accordance with subsections
(a) and (b); and
`(B) the Director may prohibit the importation of an organism of a species
not in trade if the Director determines, based on evaluations consistent
with the screening requirements promulgated under section (f), that the
species has a high or moderate probability of undesirable impacts on areas
within the boundaries of the United States and contiguous areas of neighboring
countries to which the species may spread.
`(3) MULTIPLE JURISDICTION- If more than 1 agency has jurisdiction over
the importation of a live organism, the agencies shall conduct only 1 screening
process as determined by a memorandum of understanding consistent with subsection
(f), except that the Secretary of Agriculture, shall conduct screening of
organisms imported to be cultured.
`(e) Requirements- A Federal agency of jurisdiction, or the Director, shall--
`(1) restrict or prohibit the importation into the United States from outside
the United States of any species that is described in subsection (c)(1);
`(2) prohibit the importation of any species described in subsection (c)(2),
unless the importation is for the sole purpose of research that is conducted
in accordance with section 1202(f)(2); and
`(3) make a determination under this subsection not later than 60 days after
receiving a request for permission to import a live aquatic species.
`(f) Memorandum of Understanding-
`(1) IN GENERAL- The Director of the United States Fish and Wildlife Service
shall enter into a Memorandum of Understanding with the heads of the agencies
of jurisdiction regarding the screening requirements contained in this section.
`(2) CONTENTS- The Memorandum of Understanding shall contain, at a minimum--
`(A) a description of the relationship between and responsibilities of
the agencies of jurisdiction, including a process designating a lead agency
in cases in which multiple agencies may have jurisdiction over the screening
of an aquatic species;
`(B) the process by which the Director will delegate screening duties
to and receive delegation from other agencies of jurisdiction; and
`(C) the process by which agencies of jurisdiction will coordinate and
share information required for the screening process.
`(g) Delegation to Director- Any agency with authority over the planned importation
of a live aquatic organism may delegate to the Director the screening process
carried out under this section.
`(h) Catalog of Species in Trade- Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2005, the Director
of the United States Geological Survey and the Director of the Smithsonian
Environmental Research Center, in cooperation with agencies with jurisdiction
over planned importations of live organisms, shall--
`(1) develop and update as necessary a catalog of species in trade; and
`(2) include the list in the information provided to the public pursuant
to section 1102(f).
`(i) Review and Revision-
`(1) IN GENERAL- At least once every 3 years, the Council, in conjunction
with the Task Force, shall use research on early detection and monitoring
under section 1106, among other information sources, to review and revise
the screening, guidelines, and process carried out under this section.
`(2) REPORT- The Invasive Species Council shall include in its report to
Congress required pursuant to section 1201(f)(2)(B)--
`(A) an evaluation of the effectiveness of the screening processes carried
out under this section;
`(B) an evaluation of the consistency of the application of the screening
by agencies; and
`(C) recommendations for revisions of the processes.
`(j) Prohibitions- It shall be unlawful for any person subject to the jurisdiction
of the United States to import an organism of a species described under subsection
(c) or (d) or in violation of regulations promulgated under this section.
`(1) CIVIL PENALTIES- Any person who violates subsection (j) shall be liable
for a civil penalty in an amount not to exceed $50,000.
`(2) CRIMINAL PENALTIES- Any person who knowingly violates subsection (j)
is guilty of a class C felony.
`(l) Fees- The head of any agency that has jurisdiction over a planned importation
of a species subject to screening under this Act may increase the amount of
any appropriate fee that is charged under an authority of law to offset the
cost of any screening process carried out under this section.
`(m) Information- A Federal agency conducting a screening process under this
section shall make the results of the process available to the public (including
international organizations).
`(n) Regulations- The Director may issue regulations to implement this section.
`(o) Applicability: Effect on Other Laws- Nothing in this section shall be
construed as repealing, superseding, or modifying any provision of Federal
or state law.'.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 301. EARLY DETECTION.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 202) is amended by
adding at the end the following:
`SEC. 1106. EARLY DETECTION AND MONITORING.
`(1) IN GENERAL- Not later than 18 months after the date of enactment of
the National Aquatic Invasive Species Act of 2005, in conjunction with the
Council, the Task Force shall develop and promulgate a set of sampling protocols,
a geographic plan, and budget to support a national system of ecological
surveys to rapidly detect recently established aquatic invasive species
in waters of the United States.
`(2) CONTENTS- The protocols, plan, and budget shall, at a minimum--
`(A) address a diversity of aquatic ecosystems of the United States (including
inland and coastal waters);
`(B) encourage State, local, port, and tribal participation in monitoring;
`(C) balance scientific rigor with practicability, timeliness, and breadth
of sampling activity;
`(D) consider the pathways and/or organisms identified under section 1210;
`(E) include a capacity to evaluate the impacts of permitted importations
screened by the processes established under section 1105; and
`(F) include clear lines of communication with appropriate Federal, State,
and regional rapid response authorities.
`(3) IMPLEMENTATION- Not later than 3 years after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Director of the
United States Fish and Wildlife Service, the Administrator of the National
Oceanic and Atmospheric Administration, and the Administrator (in consultation
with the Invasive Species Council and in coordination with other agencies)
shall implement a national system of ecological surveys that is--
`(A) carried out in cooperation with State, local, port, tribal authorities,
and other non-Federal entities (such as colleges and universities); and
`(B) based on the protocols, plan, and budget published under subsection
(a)(1) and any public comment.'.
SEC. 302. RAPID RESPONSE.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4721 et seq.) is further amended by adding
at the end the following:
`SEC. 1211. RAPID RESPONSE.
`(a) State Rapid Response Contingency Strategies-
`(1) EMERGENCY FUNDS FOR RAPID RESPONSE- A State that has in effect a rapid
response contingency strategy for invasive species in the State, including
rapid assessment capabilities, that is approved under paragraph (2) shall
be eligible to receive emergency funding to remain available until expended
to implement rapid response measures for aquatic invasive species under
the strategy, subject to renewal, as determined by the Secretary of the
Interior and the Secretary in accordance with paragraph (2).
`(2) APPROVAL OF RAPID RESPONSE CONTINGENCY STRATEGIES- The Task Force,
in consultation with the Invasive Species Council, shall approve a State
rapid response contingency strategy described in paragraph (1) if the strategy--
`(A) identifies all key governmental and nongovernmental partners to be
involved in carrying out the strategy;
`(B) clearly designates the authorities and responsibilities of each partner,
including the authority of any State or government of an Indian tribe
to distribute emergency funds;
`(C) specifies criteria for rapid response measures, including a diagnostic
system that--
`(i) distinguishes cases in which rapid response has a likelihood of
success and cases in which rapid response has no likelihood of success;
`(ii) distinguishes rapid response measures from ongoing management
and control of established populations of aquatic invasive species;
and
`(iii) distinguishes instances in which the rate and probability of
organism dispersal is significantly altered by vessel movements;
`(D) includes an early detection strategy that supports or complements
the early detection and monitoring system developed under section 1106;
`(E) provides for a monitoring capability to assess--
`(i) the extent of infestations; and
`(ii) the effectiveness of rapid response efforts;
`(F) to the maximum extent practicable, is integrated into the State aquatic
invasive species management plan approved under section 1204;
`(G) to the maximum extent possible, does not use rapid response tools
that do not meet environmental criteria developed under subsection (e)(4);
`(H) includes a public education and outreach component directed at--
`(i) potential pathways for spread of aquatic invasive species; and
`(ii) persons involved in industries and recreational activities associated
with those pathways; and
`(I) to the extent that the strategy involves vessels, conforms with guidelines
issued by the Secretary under subsection (c)(2).
`(b) Regional Rapid Response Contingency Strategies- The Task Force, with
the concurrence of the Invasive Species Council and in consultation with the
regional panels of the Task Force established under section 1203, shall encourage
the development of regional rapid response contingency strategies that--
`(1) provide a consistent and coordinated approach to rapid response; and
`(B) the Governors and Indian tribes having jurisdiction over areas within
a region.
`(c) Model Rapid Response Contingency Strategies- Not later than 18 months
after the date of enactment of the National Aquatic Invasive Species Act of
2005--
`(1) the Task Force, with the concurrence of the Invasive Species Council
and the regional panels of the Task Force established under section 1203,
shall develop--
`(A) a model State rapid response contingency strategy for aquatic invasive
species, including rapid assessment capability, that includes, to the
maximum extent practicable, the components listed under subparagraphs
(A) through (H) of subsection (a)(2); and
`(B) a model regional rapid response contingency strategy for aquatic
invasive species; and
`(2) the Secretary, in concurrence with the Task Force and the regional
panels, shall issue guidelines that describe vessel-related requirements
that may be used in a rapid response contingency strategy, including specific
requirements for strategy approved under this section.
`(1) STATE RAPID RESPONSE CONTINGENCY STRATEGIES- The Federal share of the
cost of activities carried out under a State rapid response contingency
strategy approved under subsection (a) shall be not less than 50 percent.
`(2) REGIONAL RAPID RESPONSE CONTINGENCY STRATEGIES- The Federal share of
the cost of activities carried out under a regional rapid response contingency
strategy approved under subsection (b) shall be not less than 75 percent.
`(3) IN-KIND CONTRIBUTIONS- States or regions that receive Federal funds
for rapid response activities may provide matching funds in the form of
in-kind contributions.
`(e) Federal Rapid Response Teams-
`(1) ESTABLISHMENT OF TEAMS- Not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Invasive Species
Council, in coordination with the Task Force and the heads of appropriate
Federal agencies, shall establish a Federal rapid response team for each
of the 10 Federal regions that comprise the Standard Federal Regional Boundary
System.
`(2) DUTIES OF TEAMS- Each Federal rapid response team shall, at a minimum--
`(A) implement rapid eradication or control responses for newly detected
aquatic invasive species on Federal and tribal land;
`(B) carry out, or assist in carrying out, rapid responses for newly detected
aquatic invasive species on non-Federal land at the request of a State,
Indian tribe, or group of States or Indian tribes;
`(C) provide training and expertise for State, tribal, or regional rapid
responders;
`(D) provide central sources of information for rapid responders;
`(E) maintain a list of researchers and rapid response volunteers; and
`(F) in carrying out any rapid response activity with respect to an aquatic
noxious weed listed under section 412(f) of the Plant Protection Act (7
U.S.C. 7712(f)), include representatives of the Animal and Plant Health
Inspection Service.
`(3) CRITERIA FOR IDENTIFYING CASES OF RAPID RESPONSE WARRANTING FEDERAL
ASSISTANCE- Not later than 1 year after the date of enactment of the National
Aquatic Invasive Species Act of 2005, the Task Force, with the concurrence
of the Invasive Species Council, shall develop criteria to identify cases
of rapid response warranting Federal assistance under this subsection, including
criteria relating to, at a minimum--
`(A) the extent to which infestations of aquatic invasive species may
be managed successfully by rapid response;
`(B) the extent to which rapid response efforts may differ from ongoing
management and control; and
`(C) the extent to which infestations of nonindigenous aquatic invasive
species are considered to be an acute or chronic threat to--
`(i) biodiversity of native fish and wildlife;
`(ii) habitats of native fish and wildlife; or
`(4) ENVIRONMENTAL CRITERIA- Not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Administrator,
in consultation with the Invasive Species Council, the Secretary of Transportation,
the Task Force (including regional panels of the Task Force established
under section 1203), the Director, and the Director of the National Marine
Fisheries Service, shall develop environmental criteria to minimize nontarget
environmental impacts of rapid responses carried out pursuant to this section.'.
SEC. 303. DISPERSAL BARRIERS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722) is amended--
(1) by redesignating subsections (j) and (k) as subsections (l) and (m),
respectively; and
(2) by inserting after subsection (i) the following:
`(j) National Dispersal Barrier Program-
`(1) CHICAGO RIVER SHIP AND SANITARY CANAL DISPERSAL BARRIER PROJECT-
`(A) IN GENERAL- The Assistant Secretary, with the concurrence of the
Administrator, shall complete construction of, operate, and maintain,
the Chicago River Ship and Sanitary Canal dispersal barrier project.
`(B) CONSULTATION- Subparagraph (A) shall be carried out in consultation
with the appropriate Federal, State, local, and other nongovernmental
entities.
`(C) CONSTRUCTION- The completed barrier project shall include additions
to the dispersal barrier in existence on the date of enactment of the
National Aquatic Species Act of 2005, including--
`(ii) a research vessel launching crane;
`(iii) replacement electrodes;
`(iv) other barrier elements, as available and appropriate;
`(v) an acoustic monitoring system;
`(vi) an emergency egress system; and
`(vii) a second long-service life dispersal barrier.
`(D) FEASIBILITY STUDY OF CHICAGO RIVER SHIP AND SANITARY CANAL-
`(i) IN GENERAL- Not later than 3 years after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Assistant
Secretary, in consultation with appropriate Federal, State, local, and
nongovernmental entities, shall conduct a feasibility study of the full
range of options available to prevent the spread of aquatic species
through the Chicago River Ship and Sanitary dispersal barrier.
`(ii) MATTERS TO BE STUDIED- The study shall--
`(I) provide recommendations concerning additional and long-term measures
necessary to improve the performance of the Chicago River Ship and
Sanitary Canal dispersal barrier; and
`(II) examine methods and measures necessary to achieve, to the maximum
extent practicable, 100-percent efficacy of the barrier with respect
to aquatic invasive species of fish and maximum efficacy of the barrier
with respect to other taxa of aquatic invasive species.
`(A) ESTABLISHMENT- Not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2005, the Secretary of
the Interior shall establish an interbasin and intrabasin monitoring program.
`(B) REQUIRED ELEMENTS- The monitoring program shall--
`(i) track aquatic invasive species moving through the Chicago River
Ship and Sanitary Canal, the Lake Champlain Canal, other interbasin
waterways, and major river systems as recommended by regional panels
convened under section 1203;
`(ii) assess the efficacy of dispersal barriers and other measures in
preventing the spread of aquatic invasive species through the waterways;
and
`(iii) identify waterways suitable for dispersal barrier demonstration
projects, in addition to the waterways at which dispersal barrier demonstration
projects were carried out before the date of enactment of the National
Aquatic Invasive Species Act of 2005.
`(C) REPORTS- The Secretary of the Interior shall issue biennial reports
on the findings of the monitoring program.
`(3) PREVENTION AND MITIGATION PLANS FOR ARMY CORPS OF ENGINEERS PROJECTS-
In developing projects involving interbasin waterways or other hydrologic
alternations that could create pathways for aquatic invasive species, the
Assistant Secretary shall develop adequate prevention and mitigation plans
for controlling the dispersal of aquatic invasive species.
`(4) TECHNICAL ASSISTANCE- The Great Lakes Environmental Research Laboratory
of the National Oceanic and Atmospheric Administration shall provide technical
assistance to appropriate entities to assist in the research conducted under
this subsection.
`(5) REPORTS- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2005, the Assistant Secretary and
the Director shall jointly submit to the Congress a report that describes--
`(A) the efficacy of the Chicago River Ship and Sanitary Canal dispersal
barrier project; and
`(B) a plan to provide for additional dispersal barrier demonstration
projects and further research needs.
`(6) ADDITIONAL WATERWAYS- The Assistant Secretary, with the concurrence
of the Administrator, and other relevant Federal agencies, shall--
`(A) identify additional waterways suitable for the construction of new
dispersal barriers (based on the monitoring program established under
paragraph (2)); and
`(B) construct, maintain, and operate such dispersal barriers as necessary.'.
SEC. 304. ENVIRONMENTAL SOUNDNESS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722) is further amended by inserting after subsection
(j) the following:
`(k) Improvement of Treatment Methods for Aquatic Invasive Species-
`(1) CRITERIA TO EVALUATE ENVIRONMENTAL SOUNDNESS OF TREATMENT METHODS-
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
the National Aquatic Invasive Species Act of 2005, the Administrator,
in consultation and cooperation with the Secretary, the Invasive Species
Council, and the Task Force (including any regional panels of the Task
Force) shall promulgate criteria to evaluate the treatment methods described
in subparagraph (B) for the purpose of ensuring that the treatment methods
pose no significant threat of adverse effect on human health, public safety,
or the environment (including air quality and the aquatic environment)
that is acute, chronic, cumulative, or collective.
`(B) TREATMENT METHODS- The treatment methods referred to in subparagraph
(A) are all mechanical, physical, chemical, biological, and other treatment
methods used in bodies of water of the United States (regardless of whether
the bodies of water are navigable and regardless of the origin of the
waters), to prevent, treat, or respond to the introduction of aquatic
invasive species.
`(C) CONSULTATION- In carrying out subparagraph (A), the Administrator
shall consult with--
`(i) the Secretary of Transportation;
`(ii) the Task Force (including the regional panels of the Task Force
established under section 1203);
`(iv) the Assistant Secretary;
`(v) the Director of the National Marine Fisheries Service; and
`(vi) relevant State agencies.
`(2) PUBLICATION OF INFORMATION ON ENVIRONMENTALLY SOUND TREATMENT METHODS-
The Administrator, in consultation with the Invasive Species Council, shall
publish (not later than 1 year after the date of enactment of the National
Aquatic Invasive Species Act of 2005) and update annually--
`(A) a list of environmentally sound treatment methods that may apply
to a potential aquatic invasive species response effort;
`(B) accompanying research that supports the environmental soundness of
each approved treatment method; and
`(C) explicit guidelines under which each treatment method can be used
in an environmentally sound manner.
`(3) REPORTS- The Invasive Species Council and Task Force shall include
the information described in paragraph (2) in the reports submitted under
section 1201(f)(2)(B).'.
SEC. 305. INFORMATION, EDUCATION, AND OUTREACH.
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking `(h) Education- The Task Force' and inserting the following:
`(h) Information, Education, and Outreach-
`(1) IN GENERAL- The Task Force'; and
(2) by adding at the end the following:
`(A) IN GENERAL- The programs carried out under paragraph (1) shall include
the activities described in this paragraph.
`(i) PUBLIC WARNINGS- Not later than 180 days after the date of enactment
of the National Aquatic Invasive Species Act of 2005, each Federal officer
of an agency that provides Federal funds to States for building or maintaining
public access points to United States water bodies shall amend the guidelines
of the agency, in consultation with relevant State agencies, to encourage
the posting of regionally specific public warnings or other suitable
informational and educational materials at the access points regarding--
`(I) the danger of spread of aquatic invasive species through the
transport of recreational watercraft; and
`(II) methods for removing organisms prior to transporting a watercraft.
`(ii) CLEANING OF WATERCRAFT AT MARINAS- Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species Act of
2005, the Under Secretary and the Director (in cooperation with the
Task Force and in consultation with the States, relevant industry groups,
and Indian tribes) shall develop an education, outreach, and training
program directed toward marinas and marina operators regarding--
`(I) checking watercraft for live organisms;
`(II) removing live organisms from the watercraft before the watercraft
are commercially or recreationally trailered;
`(III) encouraging regular hull cleaning and maintenance, avoiding
in-water hull cleaning; and
`(IV) other activities, as identified by the Secretary.
`(iii) PROPER DISPOSAL OF NONINDIGENOUS LIVE AQUATIC ORGANISMS IN TRADE-
The Task Force shall--
`(I) not later than 1 year after the date of enactment of the National
Aquatic Invasive Species Act of 2005, develop (in consultation with
industry and other affected parties) issue guidelines for proper disposal
of live nonindigenous aquatic organisms in trade; and
`(II) use the guidelines in appropriate public information and outreach
efforts.
`(C) 100th meridian program-
`(i) IN GENERAL- Not later than 1 year after the date of enactment of
the National Aquatic Invasive Species Act of 2005, the Task Force shall
expand the information and education program directed at recreational
boaters in States from which watercraft are transported westward across
the 100th meridian.
`(ii) ACTIVITIES- In carrying out the program, the task force shall--
`(I) survey owners of watercraft transported westward across the 100th
meridian to determine the States of origin of most such owners;
`(II) provide information directly to watercraft owners concerning
the importance of cleaning watercraft carrying live organisms before
transporting the watercraft; and
`(III) support education and information programs of the States of
origin to ensure that the State programs address westward spread.
`(D) INFORMATION AND EDUCATION PROGRAM BY NATIONAL PARK SERVICE- The Secretary
of the Interior, acting through the Director of the National Park Service,
shall develop a program to provide public outreach and other educational
activities to prevent the spread of aquatic invasive species by recreational
watercraft in parkland or through events sponsored by the National Park
Service.
`(3) OUTREACH TO INDUSTRY- The Task Force, in conjunction with the Invasive
Species Council, shall carry out activities to inform and promote voluntary
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