110th CONGRESS
1st Session
S. 791
To establish a collaborative program to protect the Great Lakes,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 7, 2007
Mr. LEVIN (for himself, Mr. VOINOVICH, Ms. STABENOW, Mr. SCHUMER, Mr. COLEMAN,
Mrs. CLINTON, and Mr. OBAMA) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
A BILL
To establish a collaborative program to protect the Great Lakes,
and for other purposes.
Be it enacted by the Senate and House of 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 `Great Lakes Collaboration
Implementation Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INVASIVE SPECIES
Subtitle A--Aquatic Invasive Species
Part I--General Provisions
Part II--Prevention of Introduction of Aquatic Invasive Species Into Waters
of the United States by Vessels
Sec. 111. Prevention of introduction of aquatic invasive species into
waters of the United States by vessels.
Sec. 112. Armed Services Whole Vessel Management Program.
Part III--Prevention of Introduction of Aquatic Invasive Species by Other
Pathways
Sec. 121. Priority Pathway Management Program.
Sec. 122. Screening process for planned importations of live aquatic organisms.
Part IV--Early Detection; Rapid Response; Control and Outreach
Sec. 131. Early detection.
Sec. 132. Rapid response.
Sec. 133. Environmental soundness.
Sec. 134. Information, education, and outreach.
Part V--Aquatic Invasive Species Research
Sec. 141. Ecological, pathway, and experimental research.
Sec. 143. Vessel pathway standards research.
Sec. 144. Graduate education in systematics and taxonomy.
Part VI--Coordination
Sec. 151. Program coordination.
Sec. 152. International coordination.
Part VII--Authorization of Appropriations
Sec. 155. Authorization of appropriations.
Part VIII--Conforming Amendments
Sec. 161. Conforming amendments.
Subtitle B--Asian Carp Prevention and Control
Sec. 171. Addition of species of carp to the list of injurious species
that are prohibited from being imported or shipped.
Sec. 172. Dispersal barriers.
Subtitle C--National Invasive Species Council
Sec. 182. Limitation on Federal actions.
Sec. 183. National Invasive Species Council.
Sec. 185. National Invasive Species Management Plan.
Sec. 186. Invasive Species Advisory Committee.
Sec. 187. Budget analysis and summary.
Sec. 188. Existing executive order.
Sec. 189. Authorization of appropriations.
TITLE II--COASTAL HEALTH
Sec. 201. Technical assistance.
Sec. 202. Sewer overflow control grants.
Sec. 203. Water pollution control revolving loan funds.
Sec. 204. Allotment of funds.
Sec. 205. Authorization of appropriations.
TITLE III--AREAS OF CONCERN
TITLE IV--TOXIC SUBSTANCES
Sec. 401. Mercury reduction grants.
TITLE V--INDICATORS AND INFORMATION
Subtitle A--Research Program
Sec. 501. Research reauthorizations.
Sec. 502. Great Lakes Science Center.
Sec. 503. Center for Sponsor Coastal Ocean Research.
Sec. 504. Great Lakes Environmental Research Laboratory.
Subtitle B--Ocean and Coastal Observation System
Sec. 512. Integrated ocean and coastal observing system.
Sec. 513. Research, development, and education.
Sec. 514. Interagency financing.
Sec. 515. Application with Outer Continental Shelf Lands Act.
Sec. 516. Authorization of appropriations.
Sec. 517. Reporting requirement.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
Sec. 521. Great Lakes water quality indicators and monitoring.
TITLE VI--SUSTAINABLE DEVELOPMENT
Sec. 601. Waterfront restoration and remediation projects.
Sec. 602. Authority of Secretary to restore and remediate waterfront and
related areas.
Sec. 603. Authorization of appropriations.
TITLE VII--COORDINATION AND OVERSIGHT
Sec. 702. Great Lakes Interagency Task Force.
Sec. 703. Executive Committee.
Sec. 704. Great Lakes Regional Collaboration.
SEC. 2. FINDINGS.
(1) the Great Lakes, containing approximately 20 percent of the Earth's
fresh surface water, are a treasure of global significance;
(2) the Great Lakes provide drinking water for millions of people, facilitate
commerce, and provide recreational opportunities for people from across
the United States and around the world;
(3) renewed efforts and investments are critical to aid in meeting the
goals and objectives of the Great Lakes Water Quality Agreement between
the United States and Canada;
(4) in a report issued in December 2005, a group of leading scientists
from top institutions in the Great Lakes area found that--
(A) the Great Lakes are on the brink of an ecologic catastrophe;
(B) the primary stressors straining the health of the Great Lakes are--
(ii) overloading of human waste and urban and agricultural runoff;
(iii) physical changes to the shorelines and wetlands;
(iv) invasive plant and animal species;
(v) changes in water patterns; and
(C) the deterioration of the Great Lakes ecosystem is accelerating dramatically;
and
(D) if the pattern of deterioration is not reversed immediately, the
damage could be irreparable;
(5) as a result of the stressors described in paragraph (4)(B)--
(A) over 1,800 beaches were closed in 2003;
(B) Lake Erie has developed a 6,300 square mile dead zone that forms
every summer;
(C) zebra mussels, an aquatic invasive species, cause $500,000,000 per
year in economic and environmental damage in the Great Lakes;
(D) there is no appreciable natural reproduction of lake trout in the
lower 4 Great Lakes; and
(E) wildlife habitats have been destroyed, which has diminished fishing,
hunting, and other outdoor recreation opportunities in the Great Lakes;
(6) because of the patchwork approach to fixing the problems facing the
Great Lakes, the problems have not only persisted in, but have also gotten
worse in some areas of, the Great Lakes;
(7) rather than dealing with 1 problem or location of the Great Lakes
at a time, a comprehensive restoration of the system is needed to prevent
the Great Lakes from collapsing;
(8) in December 2004, work began on the Great Lakes Regional Collaboration,
a unique partnership that was--
(A) formed for the purpose of developing a strategic action plan for
Great Lakes restoration; and
(i) key members from the Federal Government, State and local governments,
and Indian tribes; and
(9) over 1,500 people throughout the Great Lakes region participated in
this collaborative process, with participants working on 1 or more of
the 8 strategy teams that focused on different issues affecting the Great
Lakes basin;
(10) the recommendations of the Great Lakes Regional Collaboration, which
was released on December 12, 2005, identify actions to address the issues
affecting the Great Lake basin on the Federal, State, local, and tribal
level; and
(11) comprehensive restoration must be adaptive, and ongoing efforts will
be required to continually implement the recommendations of the Great
Lakes Regional Collaboration as the recommendations relate to buffers,
river restoration, wetlands, emerging toxic pollutants, and other issues
affecting the Great Lakes basin.
SEC. 3. DEFINITIONS.
(1) ADMINISTERING AGENCIES- The term `administering agencies' means--
(A) the National Oceanic and Atmospheric Administration (including the
Great Lakes Environmental Research Laboratory);
(B) the Smithsonian Institution (acting through the Smithsonian Environmental
Research Center); and
(C) the United States Geological Survey.
(2) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
(3) AQUATIC ECOSYSTEM- The term `aquatic ecosystem' means a freshwater,
marine, or estuarine environment (including inland waters, riparian areas,
and wetlands) located in the United States.
(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) INVASION- The term `invasion' means the introduction and establishment
of an invasive species into an ecosystem beyond the historic range of
the invasive species.
(6) INVASIVE SPECIES- The term `invasive species' means a species--
(A) that is nonnative to the ecosystem under consideration; and
(B) whose introduction causes or may cause harm to the economy, the
environment, or human health.
(7) INVASIVE SPECIES COUNCIL- The term `Invasive Species Council' means
the council established by section 3 of Executive Order No. 13112 (42
U.S.C. 4321 note; relating to invasive species).
(8) PATHWAY- The term `pathway' means 1 or more routes by which an invasive
species is transferred from 1 ecosystem to another.
(9) SPECIES- The term `species' means any fundamental category of taxonomic
classification or any viable biological material ranking below a genus
or subgenus.
(10) TASK FORCE- The term `Task Force' means the Aquatic Nuisance Species
Task Force established by section 1201(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)).
(11) TYPE APPROVAL- The term `type approval' means an approval procedure
under which a type of system is certified as meeting a standard established
pursuant to Federal law (including a regulation) for a particular application.
TITLE I--INVASIVE SPECIES
Subtitle A--Aquatic Invasive Species
PART I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This subtitle may be cited as the `National Aquatic Invasive Species Act
of 2007'.
SEC. 102. 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. 103. DEFINITIONS.
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
`SEC. 1003. DEFINITIONS.
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
`(2) AQUATIC ECOSYSTEM- The term `aquatic ecosystem' means a freshwater,
marine, or estuarine environment (including inland waters and wetlands),
located wholly in the United States.
`(A) IN GENERAL- The term `aquatic organism' means a living animal,
plant, fungus, or microorganism inhabiting or reproducing in an aquatic
ecosystem.
`(B) INCLUSIONS- The term `aquatic organism' includes--
`(iv) any other viable biological material.
`(4) ASSISTANT SECRETARY- The term `Assistant Secretary' means the Assistant
Secretary of the Army for Civil Works.
`(A) IN GENERAL- The term `ballast water' means--
`(i) any water (including matter suspended in the water) taken on
board a vessel to control trim, list, draught, stability, or stress
of the vessel; and
`(ii) any water placed into a ballast tank during cleaning, maintenance,
or any other operation.
`(B) EXCLUSION- The term `ballast water' does not include water that,
at the time of discharge of the water--
`(i) does not contain any aquatic invasive species that was taken
on board a vessel; and
`(ii) was used for a purpose described in subparagraph (A)(i).
`(6) 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.
`(7) COASTAL VOYAGE- The term `coastal voyage' means a voyage conducted
entirely within the exclusive economic zone.
`(8) DIRECTOR- The term `Director' means the Director of the United States
Fish and Wildlife Service.
`(9) 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.
`(10) 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.
`(11) EXISTING VESSEL- The term `existing vessel' means any vessel that
enters service on or before December 31, 2009.
`(12) 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).
`(13) 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.
`(14) IN TRADE- The term `in trade', with respect to a species, means
a species that has a documented history of repeatedly being commercially
imported into the United States during the period beginning on January
1, 1990, and ending on January 1, 2007.
`(15) 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).
`(16) INTERBASIN WATERWAY- The term `interbasin waterway' means a waterway
that connects 2 distinct water basins.
`(17) 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.
`(18) INVASION- The term `invasion' means an infestation of an aquatic
invasive species.
`(19) 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.
`(20) NATIONAL INVASIVE SPECIES COUNCIL- The term `National Invasive Species
Council' means the interagency council established by section 3 of Executive
Order No. 13112 (42 U.S.C. 4321 note).
`(21) NEW VESSEL- The term `new vessel' means any vessel that enters service
on or after January 1, 2010.
`(22) 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.
`(23) 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.
`(24) PATHWAY- The term `pathway' means 1 or more vectors by which an
invasive species is transferred from 1 ecosystem to another.
`(25) 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.
`(26) REGIONAL PANEL- The term `regional panel' means a panel convened
in accordance with section 1203.
`(27) SALTWATER FLUSHING- The term `saltwater flushing' means the process
of--
`(A) adding midocean water to a ballast water tank that contains residual
quantities of ballast water;
`(B) mixing the midocean water with the residual ballast water and sediment
in the tank through the motion of a ship; and
`(C) discharging the mixed water so that the salinity of the resulting
residual ballast water in the tank exceeds 30 parts per thousand.
`(28) SECRETARY- The term `Secretary' means the Secretary of Homeland
Security.
`(29) SPECIES- The term `species' means any fundamental category of taxonomic
classification below the level of genus or subgenus, including a species,
subspecies, or any recognized variety of animal, plant, fungus, or microorganism.
`(30) TASK FORCE- The term `Task Force' means the Aquatic Nuisance Species
Task Force established by section 1201(a).
`(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.'.
PART II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 111. 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 designed,
constructed, or adapted 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.
`(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--
`(i) prescribe a safe and effective means to minimize, with the goal
of elimination, introductions and transfers of invasive species; and
`(ii) 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 2007, 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 2007, the Secretary
shall issue guidelines on best management practices to minimize, with
the goal of elimination, 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 to carry out this section, 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- A
vessel equipped with a ballast tank, and any towed vessel or structure,
that operates entirely within the exclusive economic zone shall not
be required to comply with the regulations described in subsection
(b)(2).
`(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 2007, 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, with the goal of elimination, 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 (h)); and
`(B) management of other vessel pathways, including the hull and sea
chest of a vessel.
`(2) BALLAST WATER EXCHANGE- The ballast water exchange 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, outside the exclusive economic
zone 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,
outside the exclusive economic zone 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)(ii)(I);
and
`(ii) if a ballast water exchange is not undertaken pursuant to subsection
(h), 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 require a vessel to which this section applies to conduct ballast
water treatment beginning on January 1, 2012, in accordance with this
paragraph before discharging ballast water.
`(B) PERFORMANCE STANDARDS- Subject to subparagraph (C)(ii), the regulations
shall require that ballast water discharged shall--
`(I) less than 1 living organism per 10 cubic meters that is 50
or more micrometers in minimum dimension;
`(II) less than 1 living organism per 10 milliliters that is--
`(aa) less than 50 micrometers in minimum dimension; and
`(bb) more than 10 micrometers in minimum dimension;
`(III) concentrations of indicator microbes that are less than--
`(aa)(AA) 1 colony-forming unit of toxicogenic Vibrio cholera
(serotypes O1 and O139) per 100 milliliters; or
`(BB) 1 colony-forming unit of that microbe per gram of wet weight
of zoological samples;
`(bb) 126 colony-forming units of escherichia coli per 100 milliliters;
and
`(cc) 33 colony-forming units of intestinal enterococci per 100
milliliters; and
`(IV) concentrations of such additional indicator microbes as may
be specified in regulations promulgated by the Secretary, in consultation
with the Administrator, that are less than the quantities specified
in those regulations; or
`(ii) comply with an alternative standard that is at least as protective
as the standards under clause (i), as determined by the Secretary.
`(C) BEST PERFORMANCE TREATMENT AVAILABLE-
`(i) IN GENERAL- Not later than December 31, 2010, the Secretary,
in consultation with the Administrator, based on technology assessments
implemented before July 31, 2010, shall determine whether technologies
exist that provide for the achievement of the standards described
in subparagraph (B).
`(ii) MODIFICATION OF STANDARDS- If the Secretary, in consultation
with the Administrator, determines under clause (i) that no technology
exists that provides for the achievement of the standards described
in subparagraph (B), the Secretary shall modify the standards to ensure
consistency with the best performance treatment available among treatment
systems assessed that meet, at a minimum, the applicable ballast water
discharge standard of the International Maritime Organization.
`(D) RECEPTION FACILITY EXCEPTION-
`(i) IN GENERAL- The requirements of this paragraph shall not apply
to a vessel that discharges ballast water into a land-based or water-based
facility for the reception of ballast water that meets each applicable
standard under clause (ii).
`(ii) APPLICABLE STANDARDS- Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2007, the
Administrator and the Secretary shall jointly promulgate standards
for--
`(I) the reception of ballast water in land-based and water-based
reception facilities; and
`(II) the disposal or treatment of received ballast water in a manner
that does not damage the environment, human health, property, or
resources.
`(4) REVIEW AND REVISION- The Secretary, in concurrence with the Administrator,
shall review and revise, not less frequently than once every 3 years--
`(A) any determination relating to the determination under paragraph
(3)(C)(i); and
`(B) any modification of a standard under paragraph (3)(C)(ii).
`(5) CERTIFICATION OF TREATMENTS AND PRACTICES-
`(A) IN GENERAL- Not later than the date on which regulations are promulgated
pursuant to paragraph (1), 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 TREATMENTS-
The certification of treatments in compliance with the regulations promulgated
pursuant to paragraph (3) 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-board 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 once every 3 years,
the Secretary, in conjunction with the Administrator, shall review and,
if necessary, revise the certification process pursuant to subsection
(d)(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 standards required under paragraph
(3); and
`(ii) is likely to achieve a minimum performance that is the same
as or more stringent than a standard required under paragraph (3)(C)(ii),
as applicable.
`(B) APPROVAL- The Secretary shall approve an application under subparagraph
(A) if--
`(i) the Secretary and the Administrator determine that the treatment
technologies have the potential to achieve the standards required
under paragraph (3); 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).
`(B) EXCEPTIONS- The Secretary and the Administrator shall submit to
Congress a report on the need for short-term emergency exceptions to
the environmental soundness criteria promulgated under subparagraph
(A).
`(c) Great Lakes Program-
`(A) IN GENERAL- Until such time as regulations are promulgated to implement
the amendments made by the National Aquatic Invasive Species Act of
2007, regulations promulgated to carry out this Act shall remain in
effect until revised or replaced pursuant to the National Aquatic Invasive
Species Act of 2007.
`(B) NO BALLAST ON BOARD- Not later than 180 days after the date of
enactment of the National Aquatic Invasive Species Act of 2007, the
Secretary shall promulgate regulations to minimize the discharge of
invasive species from ships that claim no ballast on board, or that
claim to be carrying only unpumpable quantities of ballast, including,
at a minimum, a requirement that--
`(i) such a ship shall conduct saltwater flushing of ballast water
tanks--
`(I) outside the exclusive economic zone; or
`(II) at a designated alternative exchange site; and
`(ii) before being allowed entry beyond the St. Lawrence Seaway, the
master of such a ship shall certify that the ship has complied with
each applicable requirement under this subsection.
`(i) IN GENERAL- Not later than 180 days after the date of enactment
of the National Aquatic Invasive Species Act of 2007, the Secretary
shall promulgate regulations allowing ships entering the Great Lakes
to use a ballast water treatment technology that is as effective as
ballast water exchange, as determined by the Secretary.
`(ii) REQUIREMENT- The regulations under clause (i) shall include
a provision that a ballast water treatment technology used for purposes
of complying with the regulations shall be permitted for the shorter
of--
`(I) the 10-year period beginning on the date of initial use of
the technology; and
`(II) the life of the ship on which the technology is used.
`(iii) TREATMENT EQUIVALENCY TO BALLAST WATER EXCHANGE- For purposes
of the regulations under clause (i), the discharge standard of the
International Maritime Organization shall be considered to be as effective
as ballast water exchange.
`(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 2007,
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) 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 2007, 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 2007, 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.
`(f) 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.
`(g) 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.
`(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)).
`(i) 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.
`(j) 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. 112. 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 and the Task Force, 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 2007.
`(3) REPORTS- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2007, 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.'.
PART III--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 121. 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 2007,
and every 3 years thereafter, the Task Force, in coordination with the National
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 2007,
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. 122. 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 AQUATIC ORGANISMS.
`(a) Purpose- The purpose of the screening process under this section is
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.
`(b) Catalog of Species in Trade- Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of 2007, the Director
of the United States Geological Survey, the Administrator of the Animal
and Plant Health Inspection Service, the Director of the Smithsonian Environmental
Research Center, and other Federal 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 catalog in the information provided to the public pursuant
to section 1102(f).
`(c) Planned Importations- Not later than 3 years after the date of enactment
of the National Aquatic Invasive Species Act of 2007, no aquatic organism
of a species that is not in trade shall be imported into the United States
without screening and approval in accordance with this section.
`(1) IN GENERAL- Not later than 30 months after the date of enactment
of the National Aquatic Invasive Species Act of 2007, the National Invasive
Species Council, in conjunction with the Task Force and in consultation
with affected regional panels, States, Indian tribes, and other stakeholders,
shall promulgate guidelines for screening proposed planned importations
of aquatic organisms into the United States.
`(2) CONTENT- At a minimum, the guidelines under paragraph (1) shall include
guidelines relating to--
`(A) the minimum information requirements for screening determinations
under subsection (e);
`(B) a simplified notification procedure for any additional shipment
of organisms that may occur after completion of an initial screening
process and determination under subsection (e);
`(C) application forms; and
`(3) FACTORS FOR CONSIDERATION- In developing guidelines under this section,
the National Invasive Species Council and the Task Force shall take into
consideration--
`(A) the likelihood of the spread of the applicable 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 the probability of invasion and associated
impacts;
`(D) the difficulty of controlling an established population of an aquatic
invasive species in the wild;
`(E) the profile established under section 1108(b);
`(F) any applicable best available science;
`(G) the potential benefits associated with the species; and
`(H) the requirements of international law.
`(A) IN GENERAL- Not later than 180 days after the date of publication
of the guidelines under subsection (d), each Federal agency with authority
over an importation into the United States of an aquatic organism of
a species that is not in trade, as determined in accordance with the
catalog under subsection (b), and that is proposed for importation into
the United States, shall--
`(i) promulgate regulations in accordance with the guidelines under
subsection (d); and
`(ii) carry out screening in accordance with this subsection.
`(B) REQUIREMENTS- The head a Federal agency described in subparagraph
(A) or the Director, as applicable, shall--
`(i) prohibit the importation into the United States of any species
described in clause (i) or (iii) of paragraph (2)(B), unless the importation
is for the sole purpose of research conducted in accordance with section
1202(f)(2);
`(ii) restrict, as necessary, the importation of any species described
in subsection (2)(B)(ii), unless the importation is for the sole purpose
of research conducted in accordance with section 1202(f)(2);
`(iii) make a determination under this subsection not later than 180
days after receiving a complete request for permission to import a
aquatic organism; and
`(iv) make the results of the screening process available to the public.
`(2) CATEGORIES- The screening process under this subsection shall require--
`(A) to the maximum extent practicable, the identification, preferably
to the species level but, at a minimum, to the genus level, of aquatic
organisms proposed for importation; and
`(B) the designation of--
`(i) species with a high or moderate probability of undesirable impacts
to areas within the United States and contiguous areas of neighboring
countries to which the species is likely to be spread;
`(ii) species with a low or no probability of undesirable impacts
to areas within the United States and contiguous areas of neighboring
counties to which the species is likely to be spread; and
`(iii) species with respect to which there is insufficient information
to determine the risk of such undesirable impacts.
`(3) DELEGATION AND AUTHORITY-
`(A) IN GENERAL- If no Federal agency has the authority described in
paragraph (1)(A), or if the head of such a Federal agency delegates
the screening authority to the Director under subparagraph (B), the
Director shall screen the organism.
`(B) DELEGATION TO DIRECTOR- The head of a Federal agency with the authority
described in paragraph (1)(A) may delegate to the Director the authority
to carry out the screening process under this subsection.
`(C) UNITED STATES FISH AND WILDLIFE SERVICE-
`(i) IN GENERAL- The Director may restrict or prohibit the importation
of an aquatic organism of a species not in trade in accordance with
the regulations promulgated under paragraph (1)(A)(i) if--
`(I) no other Federal agency has authority to regulate the importation
of the species; or
`(II) the head of a Federal agency delegates authority to the Director
under subparagraph (B).
`(ii) SCREENING REQUIREMENTS- The Director shall promulgate screening
requirements in accordance with the guidelines under subsection (d)
to evaluate any planned importation of an aquatic organism, including
an importation carried out by a Federal agency, that is not otherwise
subject to Federal authority to permit the importation.
`(D) MULTIPLE JURISDICTION-
`(i) IN GENERAL- If more than 1 Federal agency has jurisdiction over
the importation of an aquatic organism, the agencies shall conduct
only 1 screening process in accordance with a memorandum of understanding
described in paragraph (4).
`(ii) CULTURED AQUATIC ORGANISMS- The Secretary of Agriculture shall
conduct screening of any aquatic organism imported to be cultured.
`(E) AGENCY-INITIATED SCREENING- At the discretion of the Federal agency
with jurisdiction over the importation of a species not in trade, the
Federal agency may initiate a screening process for a species for which
no other person has filed an application for importation.
`(4) MEMORANDUM OF UNDERSTANDING-
`(A) IN GENERAL- The Director shall enter into a memorandum of understanding
with each Federal agency with the authority to conduct screening under
this subsection.
`(B) CONTENTS- A memorandum of understanding under subparagraph (A)
shall contain, at a minimum--
`(i) a description of the relationship between, and responsibilities
of, each Federal agency, including a process designating a lead agency
in cases in which multiple agencies have jurisdiction over the screening
of an aquatic species;
`(ii) the process by which the Director will delegate screening duties
to, and receive delegation from, other agencies of jurisdiction; and
`(iii) the process by which the agency and the National Invasive Species
Council will coordinate and share information required for the screening
of a species.
`(f) Review and Revision-
`(1) IN GENERAL- Not less frequently than once every 3 years, the National
Invasive Species Council, in conjunction with the Task Force, shall review
and revise, based on research on early detection and monitoring under
section 1106 and other information, the guidelines, screening, and other
activities carried out under this section.
`(2) REPORT- Together with the report required under section 1201(f)(2)(B),
the National Invasive Species Council shall submit to Congress--
`(A) an evaluation of the effectiveness of the screening process carried
out under subsection (e);
`(B) the consistency of the application of the screening process by
Federal agencies; and
`(C) recommendations for revisions of the screening process.
`(1) IN GENERAL- Except as otherwise provided in this section, it shall
be unlawful to import an aquatic organism of a species not in trade.
`(A) CIVIL PENALTY- Any person that violates subsection (c) shall be
liable for a civil penalty in an amount not to exceed $50,000.
`(B) CRIMINAL PENALTIES- Any person that knowingly violates subsection
(c) is guilty of a class C felony.
`(h) Fees- The head of any agency that has jurisdiction over a planned importation
of an aquatic species subject to screening under this section may increase
the amount of any appropriate fee that is charged under an applicable law
(including regulations) to offset the cost of screening carried out under
this section.
`(i) Effect on Other Laws-
`(1) IN GENERAL- Nothing in this section repeals, supersedes, 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 Untied 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.'.
PART IV--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 131. 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 122) 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 2007, 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 2007, the Director of the
United States Geological Survey, the Administrator of the National Oceanic
and Atmospheric Administration, and the Administrator (in consultation with
the National 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. 132. 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 121)
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 inva
