109th CONGRESS
1st Session
S. 770
To amend the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 to reauthorize and improve that Act.
IN THE SENATE OF THE UNITED STATES
April 13, 2005
Mr. LEVIN (for himself, Ms. COLLINS, Mr. JEFFORDS, Ms. STABENOW, Mr. DEWINE,
Mr. BAYH, Mr. DAYTON, Mr. LEAHY, Mr. KENNEDY, Mr. REED, Mr. LAUTENBERG, Mr.
WARNER, and Mr. AKAKA) introduced the following bill; which was read twice
and referred to the Committee on Environment and Public Works
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 Prevention of introduction of aquatic invasive species into waters
of the United States by vessels.
Sec. 102 Armed services whole vessel management program.
TITLE II--PREVENTION OF 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. 303 Dispersal barriers.
Sec. 304 Environmental soundness.
Sec. 305 Information, education, and outreach.
TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH
Sec. 401 Ecological, pathway, and experimental research.
Sec. 403 Vessel pathway standards research.
Sec. 404 Graduate education in systematics and taxonomy.
TITLE V--COORDINATION
Sec. 501 Program coordination.
Sec. 502 International coordination.
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
Sec. 601 Authorization of appropriations.
TITLE VII--CONFORMING AMENDMENTS
Sec. 701 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 waters of the
United States at an unacceptable rate;
(3) aquatic invasive species damage infrastructure, disrupt commerce, out
compete 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) aquatic infestations (such as Hydrilla); and
(B) 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--
(A) unique vulnerabilities with respect to aquatic invasive species; and
(B) unique means for addressing aquatic invasive species;
(12) to accurately identify and manage high risk pathways, it is essential
to carry out a comprehensive research program that--
(A) monitors pathways and ecosystems to detect the establishment and spread
of invasive species;
(B) develops and demonstrates effective methods for the management and
control of invasive species; and
(C) monitors the success of efforts to prevent and control invasive species;
and
(13) it is in the interest of the United States to--
(A) carry out a comprehensive and thorough program to research, prevent,
manage, and control the introduction of aquatic species that may become
invasive; and
(B) to the maximum extent practicable, coordinate the program described
in subparagraph (A) with neighboring nations and other programs being
carried out 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.
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
`(2) AQUATIC ECOSYSTEMS- The term `aquatic ecosystems' means freshwater,
marine, and estuarine environments (including inland waters and wetlands),
located wholly in 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) BEST PERFORMING TREATMENT TECHNOLOGY- The term `best performing treatment
technology' means the ballast water treatment technology that is, as determined
by the Secretary--
`(A) the most biologically effective;
`(B) the most environmentally sound; and
`(C) suitable, available, and economically practicable.
`(6) COASTAL VOYAGE- The term `coastal voyage' means a voyage conducted
entirely within the exclusive economic zone.
`(7) DIRECTOR- The term `Director' means the Director of the United States
Fish and Wildlife Service.
`(8) ENVIRONMENTALLY SOUND- The term `environmentally sound', 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.
`(9) 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.
`(10) EXISTING VESSEL- The term `existing vessel' means any vessel that
enters service on or before December 31, 2007.
`(11) GREAT LAKES- The term `Great Lakes' 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).
`(12) 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.
`(13) 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).
`(14) INTERBASIN WATERWAY- The term `interbasin waterway' means a waterway
that connects 2 distinct water basins.
`(15) 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;
TS 548).
`(16) 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.
`(17) INVASION- The term `invasion' means an infestation of an aquatic invasive
species.
`(18) 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.
`(19) 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).
`(20) NEW VESSEL- The term `new vessel' means any vessel that enters service
on or after January 1, 2008.
`(21) NONINDIGENOUS SPECIES- The term `nonindigenous species' means any
species in an ecosystem the range of which exceeds the historic range of
the species in that ecosystem.
`(22) ORGANISM TRANSFER- The term `organism transfer' means the movement
of an organism of any species from 1 ecosystem to another ecosystem outside
the historic range of the species.
`(23) PATHWAY- The term `pathway' means 1 or more vectors by which an invasive
species is transferred from 1 ecosystem to another.
`(24) PLANNED IMPORTATION- The term `planned importation' means the purposeful
movement of 1 or more nonindigenous organisms for use in the territorial
limits of the United States.
`(25) REGIONAL PANEL- The term `regional panel' means a panel convened in
accordance with section 1203.
`(26) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
`(27) SPECIES- The term `species' means any fundamental category of taxonomic
classification, or any viable biological material, ranking below a genus
or subgenus.
`(28) 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.
`(29) TASK FORCE- The term `Task Force' means the Aquatic Nuisance Species
Task Force established by section 1201(a).
`(30) 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.
`(31) TREATMENT- The term `treatment' means a mechanical, physical, chemical,
biological, or other process or method of killing, removing, or rendering
inviable organisms.
`(32) 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 the system is operated correctly.
`(33) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
of Commerce for Oceans and Atmosphere.
`(34) 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.
`(35) 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. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO WATERS
OF THE UNITED STATES BY VESSELS.
(a) In General- Section 1101 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711) is amended to read as follows:
`SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS.
`(a) Requirements for 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 promulgation
of any regulations under this section, each vessel that is equipped with
a ballast tank, and any towed vessel or structure, 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 applicable ballast water management requirements under paragraph
(4);
`(ii) operational requirements to safely and effectively carry out any
actions consistent with a rapid response contingency strategy required
by States and approved by the Secretary under section 1211;
`(iii) at the discretion of the Secretary, other operational requirements
that are 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 aquatic invasive species 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 section 1211, if appropriate;
and
`(x) such requirements described in subsection (b) 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 port is located; 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--
`(i) sediment management in transoceanic vessels;
`(ii) minimization of ballast water uptake in areas in which 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 anti-fouling coating; and
`(vi) provision of sample access ports in ballast piping for sampling
of ballast intake and discharge.
`(4) BALLAST WATER MANAGEMENT-
`(A) IN GENERAL- Effective beginning on the date that is 180 days after
the Secretary promulgates regulations pursuant to subsection (d), and
except as provided in subparagraph (B), each vessel equipped with a ballast
water tank that enters a United States port shall comply with the regulations
relating to ballast water management.
`(i) VESSELS OPERATING ENTIRELY WITHIN EXCLUSIVE ECONOMIC ZONE- Beginning
on December 31, 2011, a vessel equipped with a ballast tank, and any
towed vessel or structure, that operates entirely within the exclusive
economic zone shall comply with the regulations described in subsection
(b)(3).
`(ii) VESSELS OPERATING IN ENCLOSED AQUATIC ECOSYSTEMS-
`(I) IN GENERAL- Subject to subclause (II), an existing vessel equipped
with a ballast tank, and any towed vessel or structure, that operates
exclusively in the upper 4 Great Lakes (Lake Superior, Lake Michigan,
Lake Huron, and Lake Erie, and the connecting channels), or in another
enclosed aquatic ecosystem shall not be required to comply with the
regulations described in subsection (b)(1).
`(II) ADDITIONAL ENCLOSED AQUATIC ECOSYSTEMS- The Administrator and
the Under Secretary, in consultation with regional panels of the Task
Force, may determine additional enclosed aquatic ecosystems in which
the potential for movement of organisms by natural and anthropogenic
means is not significantly altered by the movement of the vessels
equipped with ballast tanks.
`(b) Invasive Species Management Regulations and Certification Procedures-
`(1) REGULATIONS- 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 performance requirements
for vessels to reduce or eliminate introduction by the vessels of invasive
species to waters of the United States, including--
`(A) ballast water management operations (including relevant contingency
procedures in instances in which a safety exemption is used pursuant to
subsection (j)); and
`(B) management of other vessel pathways, including the hull and sea chest
of a vessel.
`(2) BALLAST WATER EXCHANGE- The regulations promulgated pursuant to paragraph
(1)--
`(A) shall apply only to existing vessels;
`(B) shall expire not later than December 31, 2011; and
`(i) a provision for ballast water exchange that requires--
`(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; or
`(II) for a case in which the master of a vessel determines that compliance
with the requirement under 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
(5)(B) and recorded in the management plan of a vessel pursuant to
subsection (a)(1)(C)(i); and
`(ii) if a ballast water exchange is not undertaken pursuant to subsection
(j), a contingency procedure that requires the master of a vessel to
use the best practicable technology or practice to treat ballast discharge.
`(3) BALLAST WATER TREATMENT-
`(A) IN GENERAL- The regulations promulgated pursuant to paragraph (1)
shall--
`(i) establish a numeric ballast water discharge standard at a level
that ensures that there is no measurable risk that any viable organisms
of nonindigenous species entrained in ballast water that meets the standard
will be established in waters of the United States; and
`(ii) require that a vessel discharge ballast water the characteristics
of which are consistent with clause (i), unless no technology exists
to enable a vessel to discharge such ballast water.
`(B) BEST PERFORMING TREATMENT- If no technology exists to enable a vessel
to discharge ballast water in accordance with the discharge standard established
under subparagraph (A)(i), the regulations promulgated pursuant to paragraph
(1) shall require the vessel to discharge ballast water that--
`(i) has been treated with the best performing treatment technology;
and
`(ii)(I) for existing vessels, has a concentration of viable biological
material that contains 99 percent fewer near-coastal plankton than the
concentration of viable biological material of the intake water of the
vessel, as estimated under the certification process described in paragraph
(5)(C); or
`(II) for new vessels, has a concentration of viable biological material
that contains 99.9 percent fewer near-coastal plankton than the concentration
of viable biological material of the intake water of the vessel, as
estimated under the certification process described in paragraph (5)(C).
`(4) REVIEW AND REVISION- The Secretary, with the concurrence of the Administrator,
shall review and revise--
`(A) not less frequently than every 3 years, any determination relating
to best performing treatment technology under paragraph (3)(B)(i); and
`(B) not less frequently than every 6 years, the regulations promulgated
pursuant to paragraph (1).
`(5) CERTIFICATION OF TREATMENTS AND PRACTICES-
`(A) IN GENERAL- Not later than the date on which regulations are promulgated
pursuant to paragraphs (2) and (3), the Secretary shall, with the concurrence
of the Administrator, promulgate regulations for--
`(i) the certification of treatments or practices the performances of
which comply with the regulations; and
`(ii) on-going enforcement of the effective use of the certified treatments
or practices.
`(B) CERTIFICATION OF BALLAST WATER EXCHANGE PROCEDURES- The certification
of ballast water exchange procedures in compliance with the regulations
promulgated pursuant to paragraph (2) shall be based on a qualified type-approval
process, including a protocol involving dye studies or models detailing
flow dynamics of a vessel or class of vessels described in paragraph (2)(A)(ii)
for demonstrating the number of flow-through exchanges necessary for such
a vessel to meet the percentage purge requirements associated with the
flow-through technique for ballast water exchange.
`(C) CERTIFICATION OF ALL OTHER BALLAST WATER DISCHARGE- The certification
of treatments in compliance with the regulations promulgated pursuant
to paragraph (1)(B) shall be based on a qualified type-approval process
that--
`(i) is capable of estimating the extent to which ballast water discharge
treated by a ballast water treatment system is likely to comply with
applicable standards, including any restrictions relating to--
`(I) biological, chemical, or physical conditions of water taken into
ballast; and
`(II) conditions encountered during a voyage;
`(ii) is capable of determining the extent to which a ballast water
treatment method--
`(I) is environmentally sound, based on criteria promulgated by the
Administrator under paragraph (8)(A); and
`(II) 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 ship-boarding testing component (and may include a
shore-based testing component);
`(v) provides for appropriate monitoring, as determined by the Administrator;
`(vi) provides for revocation by the Administrator of approval pending
the results of the monitoring; and
`(vii) is cost-effective.
`(D) EXPIRATION OF BALLAST WATER EXCHANGE OPTION- On the date of expiration
of the ballast water exchange option under paragraph (2), the certification
process shall apply to all methods of ballast water management, treatment,
and system design.
`(E) REVIEW AND REVISION- Not less frequently than every 3 years, the
Secretary, in conjunction with the Administrator, shall review and, if
necessary, revise the certification process pursuant to subsection (e)(1).
`(F) APPLICATION FOR APPROVAL-
`(i) IN GENERAL- The Secretary and the Administrator shall approve an
application for certification of a ballast water treatment system only
if the application is in such form and contains such information as
the Secretary and Administrator may require.
`(ii) APPROVAL AND DISAPPROVAL-
`(I) IN GENERAL- On receipt of an application under clause (i)--
`(aa) 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 (8)(A); and
`(BB) approve those ballast water treatment systems that meet those criteria;
and
`(bb) 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 subclause (I) shall--
`(aa) 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;
`(bb) be applicable to a specific vessel or group of vessels, as
determined by the Secretary;
`(cc) be valid for the least of--
`(AA) the expected useful life of the ballast water treatment system;
`(BB) 10 years; or
`(CC) such period of time for which the Secretary or Administrator (as appropriate)
determines that (based on available information, including information developed
pursuant to paragraph (6)(B)(iii)) there exists a serious deficiency in performance
or environmental soundness of the system relative to anticipated performance
or environmental soundness; and
`(dd) be renewed if--
`(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.
`(6) EXPERIMENTAL APPROVAL FOR BALLAST WATER TREATMENT-
`(A) IN GENERAL- The owner or operator of a vessel may submit to the Secretary
an application to test or evaluate a promising ballast water treatment
technology that--
`(i) has the potential to achieve the standard set forth under subsection
(b)(3)(A); and
`(ii) is likely to achieve a minimum performance that is the same as
or more stringent than the best available performance that applies to
a vessel under subsection (b)(3)(B).
`(B) APPROVAL- The Secretary shall approve an application under subparagraph
(A) if--
`(i) 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 treatment technologies meet the
requirements in paragraph (3)(B)(ii); and
`(ii) the Administrator determines, based on independent and peer-reviewed
information provided to the Secretary by the owner or operator of the
vessel or other applicable parties, that the treatment technologies--
`(I) comply with environmental requirements (including regulations);
and
`(II) have the potential to meet environmental soundness criteria
established under paragraph (8)(A)(i).
`(C) WAIVER- If the Secretary approves an application under subparagraph
(B), the Secretary and the Administrator may waive the requirements under
subsection (a)(4)(A) with respect to the vessel that is subject to the
application approved.
`(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 granted under subparagraph (B) shall
be for the least of--
`(I) the expected useful life of the ballast water treatment system;
`(II) a period of 10 years; or
`(III) a period ending on the date that the Secretary and Administrator
(as appropriate) determines that there exists a serious deficiency
in performance or human safety 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 (B), 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 in accordance
with paragraph (5)(F)(ii).
`(7) 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 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 certification under paragraph (5).
`(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
(6).
`(8) 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 (5)(F)(ii)(I)(aa)
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 (5)(F)(ii)(I)(aa) shall be qualified
under paragraph (5)(F)(ii)(II).
`(c) Great Lakes Program-
`(1) REGULATIONS- Until such time as regulations are promulgated to implement
the amendments made by the National Aquatic Invasive Species Act of 2005,
regulations promulgated to carry out this Act shall remain in effect until
revised or replaced pursuant to the National Aquatic Invasive Species Act
of 2005.
`(2) RELATIONSHIP TO OTHER PROGRAMS- On implementation of a national mandatory
ballast management program that is at least as comprehensive as the Great
Lakes program (as determined by the Secretary, in consultation with the
Governors of Great Lakes States)--
`(A) the program regulating vessels and ballast water in Great Lakes under
this section shall terminate; and
`(B) the national program shall apply to such vessels and ballast water.
`(3) REVIEW AND REVISION-
`(A) IN GENERAL- Not later than the date that is 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 section to
ensure the regulations provide the maximum practicable protection of
the Great Lakes ecosystem from introduction by vessels (including vessels
in the unballasted condition) of aquatic invasive species; and
`(ii) promulgate the revised regulations.
`(B) CONTENTS- The revised regulations shall include, at a minimum, requirements
under subsections (a) and (b) (as amended by that Act).
`(d) Authority of the Secretary-
`(1) IN GENERAL- In carrying out this section, the Secretary shall, with
the concurrence of the Administrator, promulgate regulations in accordance
with subsection (b).
`(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 (c).
`(3) REQUIREMENTS- The regulations promulgated under paragraph (1) shall--
`(A) protect the safety of--
`(ii) the crew and passengers of each vessel;
`(B) provide for sampling of ballast intake and discharge flows through
ballast piping to monitor for compliance with the regulations;
`(C) take into consideration--
`(ii) variations in the ecological conditions of waters and coastal
areas of the United States; and
`(iii) different operating conditions;
`(D) be based on the best scientific information available;
`(E) not affect or supersede any requirements or prohibitions pertaining
to the discharge of ballast water into waters of the United States under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
`(F) include a list of the best performing treatment technologies that
is reviewed and updated under subsection (b)(4)(A).
`(4) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS- The Secretary may carry
out education and technical assistance programs and other measures to promote
compliance with the regulations promulgated under this subsection.
`(e) 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 under this title 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.
`(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 U.S.C. App. 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 Act;
`(ii) contingency requirements of section 1211; and
`(iii) reporting requirements of this Act.
`(g) 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.
`(h) 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.
`(i) 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.
`(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)).
`(k) Non-discrimination- The Secretary shall ensure that vessels registered
outside of the United States do not receive more favorable treatment than
vessels registered in the United States in any case in which the Secretary
performs studies, reviews compliance, determines effectiveness, establishes
requirements, or performs any other responsibilities under this Act.
`(l) 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.).'.
(b) Conforming Amendments-
(1) 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)'.
(2) 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)'.
SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
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- Except as provided in subparagraph (A),
this Act does not affect the ballast program for Department of Defense
vessels in effect on the date of 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 Congress a report that includes
a summary and analysis of the program carried out under this section.'.
TITLE II--PREVENTION OF 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 conducted under
this title 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;
`(2) develop recommendations for management strategies for those high-risk
pathways;
`(3) include in the report to Congress required under section 1201(f)(2)(B)
a description of the identifications, strategies, and recommendations based
on research collected under this title; and
`(4) identify 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), considering appropriate
periodic updates to the strategies.'.
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
promulgate 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 (including pathogens
and parasites of the 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;
`(C) regional differences in probability of invasion and associated impacts;
`(D) the difficulty of controlling an established population of an aquatic
invasive species in the wild; and
`(E) the profile established under section 1108(b).
`(c) Categories- The screening process shall--
`(1) require the identification, to the maximum extent practicable, to the
species level and, at a minimum, to the genus level, of live aquatic organisms
proposed for importation; and
`(A) 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 be spread
by human or natural means; and
`(B) species with respect to 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 and proposed for importation into the
United States shall screen the species in accordance with guidelines promulgated
under subsection (b).
`(2) DELEGATION AND AUTHORITY-
`(A) IN GENERAL- Subject to subparagraph (B), if no agency has authority
described in paragraph (1) or an agency delegates the screening to the
Director under subsection (h), the Director shall screen the organisms
in accordance with subsections (a) and (b).
`(B) UNITED STATES FISH AND WILDLIFE SERVICE- The Director may restrict
or prohibit the importation of an organism of a species not in trade if--
`(i) no other Federal agency has authority to regulate the importation
of the species in trade; and
`(ii) the Director determines, based on an evaluation that is consistent
with the screening requirements promulgated under subsection (g), that
the species in trade has a high or moderate probability of an undesirable
impact to an area within the boundaries of the United States or a contiguous
area of a neighboring country, to which the species may be spread by
human or natural means.
`(3) MULTIPLE JURISDICTION-
`(A) IN GENERAL- Subject to subparagraph (B), if more than 1 agency has
jurisdiction over the importation of a live organism, the agencies shall
conduct only 1 screening process in accordance with the memorandum of
understanding described in subsection (f) (in consultation with National
Oceanic and Atmospheric Administrator).
`(B) CULTURED AQUATIC ORGANISMS- 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)(2)(A);
`(2) prohibit the importation of any species described in subsection (c)(2)(B),
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 180 days
after receiving a complete 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 agencies of jurisdiction
regarding the screening requirements of 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 and the Invasive Species
Council will coordinate and share information required for the screening
of species.
`(g) Screening Requirements- The Director shall promulgate screening requirements
consistent with the guidelines promulgated under subsection (b) to evaluate
any planned live aquatic species importation (including an importation carried
out by a Federal agency) from outside the borders of the United States into
waters of the United States that is--
`(1) not otherwise subject to Federal authority to permit the importation;
or
`(2) delegated to the Director by another agency of jurisdiction under subsection
(h).
`(h) 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.
`(i) 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, as necessary, update a catalog of species in trade; and
`(2) include the list in the information provided to the public pursuant
to section 1102(f).
`(j) 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
to 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) the consistency of the application of the screening process by agencies;
and
`(C) recommendations for revisions of the processes.
`(1) IN GENERAL- Except as otherwise provided in this section, it shall
be unlawful to import a live aquatic organism of a species not in trade.
`(A) CIVIL PENALTY- Any person that violates paragraph (1) shall be liable
for a civil penalty in an amount not to exceed $50,000.
`(B) CRIMINAL PENALTIES- Any person that knowingly violates paragraph
(1) 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) Effect on Other Laws-
`(1) IN GENERAL- Nothing in this section repeals, supercedes, or modifies
any provision of Federal or State law relating to the screening process
for aquatic species importation.
`(2) MORE PROTECTIVE LAWS- A State, the District of Columbia, or a territory
of the United States may adopt an aquatic plant or animal importation law,
regulation, or policy that requires a more protective screening process
for aquatic species importation than the regulations and policies of this
section.'.
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.
`(a) 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 (based on the standard protocol for early detection surveys
developed under this title), 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.
`(b) Contents- The protocols, plan, and budget shall, at a minimum--
`(1) address a diversity of aquatic ecosystems of the United States (including
inland and coastal waters);
`(2) encourage State, local, port, and tribal participation in monitoring;
`(3) balance scientific rigor with practicability, timeliness, and breadth
of sampling activity;
`(4) considers the pathways and organisms identified under section 1210;
`(5) include a capacity to evaluate the impacts of permitted importations
screened by the processes established under section 1105; and
`(6) include clear lines of communication with appropriate Federal, State,
and regional rapid response authorities.
`(c) 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 Geological Survey, 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 and organizations) shall implement
a national system of ecological surveys that is--
`(1) carried out in cooperation with State, local, port, tribal authorities,
and other non-Federal entities (such as colleges and universities); and
`(2) based on the protocols, plan, and budget published under subsection
(a) 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.) (as amended by section 201) is
amended by adding at the end the following:
`SEC. 1211. RAPID RESPONSE.
`(a) Emergency Rapid Response Fund-
`(1) ESTABLISHMENT- There is established in the Treasury of the United States
a revolving fund to assist States in implementing rapid response measures
for aquatic invasive species, to be known as the `Emergency Rapid Response
Fund' (referred to in this subsection as the `Fund'), consisting of--
`(A) such amounts as are appropriated to the Fund under section 1301(g)(2)(A);
and
`(B) any interest earned on investment of amounts in the Fund under paragraph
(3).
`(2) EXPENDITURES FROM FUND-
`(A) IN GENERAL- Subject to subparagraph (C), on request by the Secretary
of the Interior, the Secretary of the Treasury shall transfer from the
Fund to the Secretary of the Interior such amounts as the Secretary of
the Interior determines are necessary to provide financial assistance
to a State or the Federal rapid response team under subparagraph (B) to
assist in implementing rapid response measures for aquatic invasive species.
`(i) IN GENERAL- A State may submit to the Secretary of the Interior
an application for emergency response assistance from the Fund.
`(ii) APPROVAL- If the Secretary of the Interior approves an application
submitted under clause (i), the Secretary shall use amounts provided
to the Secretary under subparagraph (A)--
`(I) in a case in which a State has in effect a rapid response contingency
strategy that is approved under subsection (b), to provide emergency
response assistance to the State; and
`(II) in a case in which the State does not have a rapid response
contingency strategy approved under subsection (b) in effect, to provide
emergency response assistance to the Federal rapid response team established
under subsection (f).
`(iii) ADDITIONAL FUNDS- If additional amounts are needed for the conduct
of emergency response activities in the State, the Secretary of the
Interior may provide additional assistance to the State or Federal rapid
response team under this paragraph.
`(C) ADMINISTRATIVE EXPENSES- An amount not to exceed 10 percent of the
amounts in the Fund shall be available for each fiscal year to pay the
administrative expenses necessary to carry out this Act.
`(3) INVESTMENT OF AMOUNTS-
`(A) IN GENERAL- The Secretary of the Treasury shall invest such portion
of the Fund as is not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
`(B) INTEREST-BEARING OBLIGATIONS- Investments may be made only in interest-bearing
obligations of the United States.
`(C) ACQUISITION OF OBLIGATIONS- For the purpose of investments under
subparagraph (A), obligations may be acquired--
`(i) on original issue at the issue price; or
`(ii) by purchase of outstanding obligations at the market price.
`(D) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold
by the Secretary of the Treasury at the market price.
`(E) CREDITS TO FUND- The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Fund shall be credited to
and form a part of the Fund.
`(4) TRANSFERS OF AMOUNTS-
`(A) IN GENERAL- The amounts required to be transferred to the Fund under
this section shall be transferred at least monthly from the general fund
of the Treasury to the Fund on the basis of estimates made by the Secretary
of the Treasury.
`(B) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently
transferred to the extent prior estimates were in excess of or less than
the amounts required to be transferred.
`(b) State Rapid Response Contingency Strategies- The Task Force, in consultation
with the Invasive Species Council, shall approve a rapid response contingency
strategy of a State if the strategy--
`(1) identifies all key governmental and nongovernmental partners to be
involved in carrying out the strategy;
`(2) 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;
`(3) specifies criteria for rapid response measures, including a diagnostic
system that--
`(A) distinguishes cases in which rapid response has a likelihood of success
and cases in which rapid response has no likelihood of success;
`(B) distinguishes rapid response measures from ongoing management and
control of established populations of aquatic invasive species; and
`(C) distinguishes instances in which the rate and probability of organism
dispersal is significantly altered by vessel movements;
`(4) includes an early detection strategy that supports or complements the
early detection and monitoring system developed under section 1108;
`(5) provides for a monitoring capability to assess--
`(A) the extent of infestations; and
`(B) the effectiveness of rapid response efforts;
`(6) to the maximum extent practicable, is integrated into the State aquatic
invasive species management plan approved under section 1204;
`(7) to the maximum extent practicable, includes rapid response tools that
meet environmental criteria developed under subsection (f)(4);
`(8) includes a public education and outreach component directed at--
`(A) potential pathways for spread of aquatic invasive species; and
`(B) persons involved in industries and recreational activities associated
with those pathways; and
`(9) to the extent that the strategy involves vessels, conforms with guidelines
issued by the Secretary under subsection (d)(2).
`(c) 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.
`(d) 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 (including rapid
assessment capability) for aquatic invasive species that meets, to the
maximum extent practicable, the requirements of paragraphs (1) through
(9) of subsection (b); and
`(B) a model regional rapid response contingency strategy (including rapid
assessment capability) for aquatic invasive species; and
`(2) the Secretary, in concurrence with the Task Force and the regional
panels of the Task Force, shall issue guidelines that describe vessel-related
requirements that may be used in a rapid response contingency 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 (b) 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 (c) shall be not less than 75 percent.
`(3) FORM OF NON-FEDERAL SHARE- The non-Federal share required under paragraph
(1) or (2) may be in the form of in-kind contributions.
`(f) 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
warranting Federal assistance for rapid assessment and response under this
subsection, including indicative 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 aquatic organisms;
`(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) EXISTING BARRIER- The Assistant Secretary shall upgrade and make
permanent, at full Federal expense, the existing Chicago sanitary and
ship canal dispersal barrier in Chicago, Illinois, constructed as a demonstration
project under subsection (i)(3).
`(B) NEW BARRIER- Notwithstanding the project cooperation agreement with
the State of Illinois dated November 21, 2003, the Secretary shall construct,
at full Federal expense, the Chicago sanitary and ship canal dispersal
barrier authorized by section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a).
`(C) OPERATION AND MAINTENANCE- The Chicago sanitary and ship canal dispersal
barriers described in subparagraphs (A) and (B) shall be operated and
maintained as a system by the Corps of Engineers, at full Federal expense,
in such a manner as the Chief Engineer determines optimizes the effectiveness
of the barriers.
`(i) IN GENERAL- The Assistant Secretary shall provide to each State
a credit in an amount equal to the proportion that--
`(I) the amount of funds contributed by the State toward the authorized
dispersal barriers described in subparagraphs (A) and (B); bears to
`(II) the amount of funds contributed by all States toward the authorized
dispersal barriers described in subparagraphs (A) and (B).
`(ii) USE OF CREDIT- A State may apply a credit received under clause
(i) to any existing or future project of the Corps of Engineers in that
State.
`(E) 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
non-governmental entities, shall conduct a feasibility study of the
full range of options available to prevent the spread of aquatic invasive
species through the Chicago River Ship and Sanitary Canal dispersal
barrier.
`(ii) MATTERS TO BE STUDIED- The study shall--
`(I) provide recommendations concerning additional measures 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--
`(aa) 100 percent efficacy of the barrier with respect to aquatic
invasive species of fish; and
`(bb) maximum efficacy of the barrier with respect to other taxa
of aquatic invasive species.
`(F) REIMBURSEMENT- The State of Illinois shall be reimbursed for all
State funds expended on the planning, design, construction, and operation
and maintenance of the project identified, along with any subsequent modifications,
in the report entitled `Aquatic Nuisance Species Dispersal Barrier II',
dated December 2002, issued under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2294 note; 100 Stat. 4251).
`(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--
`(I) the Chicago River Ship and Sanitary Canal;
`(II) the Lake Champlain Canal;
`(III) other interbasin waterways; and
`(IV) major river systems (such as the Mississippi River), as recommended
by regional panels convened under section 1203, in which interbasin
transfers of aquatic invasive species have been shown to pose a significant
threat to fish and wildlife resources;
`(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
describing the findings of the monitoring program.
`(3) PREVENTION AND MITIGATION PLANS FOR CORPS PROJECTS- In developing projects
involving interbasin waterways or other hydrologic alterations that could
create pathways for aquatic invasive species, the Assistant Secretary shall
develop adequate prevention and mitigation plans for controlling the dispersal
of the aquatic invasive species.
`(4) TECHNICAL ASSISTANCE- The Administrator of the National Oceanic and
Atmospheric Administration, acting through the Great Lakes Environmental
Research Laboratory, shall provide technical assistance to appropriate entities
to assist in the research conducted under this subsection.
`(5) 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));
`(B) determine the feasibility of a dispersal barrier project at the Lake
Champlain Canal and in the Upper Mississippi River and, if feasible, establish
a plan for a dispersal barrier at the Lake Champlain Canal and in the
Upper Mississippi River; and
`(C) construct, maintain, and operate such dispersal barriers as necessary.
`(6) 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 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 related research projects.'.
SEC. 304. ENVIRONMENTAL SOUNDNESS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722) (as amended by section 303) is 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 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.
